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HomeMy WebLinkAbout11 10 08_Approve the Final Plat for the Bozeman SSA Minor Subdivision #P-08009 REPORT TO: Honorable Mayor & City Commission FROM: Tim Cooper, Assistant City Attorney SUBJECT: Final Plat for the Bozeman SSA Minor Subdivision - #P-08009 MEETING DATE: November 10, 2008 RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission approves the Final Plat for a the Bozeman SSA Minor Subdivision, and authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman. BACKGROUND: On April 14, 2008, the City Commission granted conditional approval to this Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat application to divide approximately 1.39 acres into two residential lots. The subject property is generally located at the northwest corner of North 27th Avenue and Catron Street, and is legally described as Lot 2, Block 2, Cattail Creek Subdivision, Phase 1, located in Section 35, Township 2S, Range 1E, PMM, City of Bozeman, Gallatin County, Montana. The final plat application was deemed complete on October 29, 2008, and staff has concluded all terms and conditions of preliminary plat approval have been met. A “No Build” Restriction is necessary with this final plat application. Building Permits will not be issued for Lot 2, Block 2, Cattail Creek Subdivision, Phase One, until all subdivision improvements are installed and inspected and accepted by the City of Bozeman. These improvements include the installation of water and sewer stubs to the newly created lot, Lot 2A. State law provides that the governing body shall approve the plat only if: a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms of the state subdivision law and regulations and the regulations adopted by the Bozeman City Commission; and b) The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a memorandum from Allyson Bristor, Associate Planner, delineating how the conditions of preliminary plat approval have been satisfied. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Chris Kukulski, City Manager Commission Memorandum 20 planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net MEMORANDUM TO: Tim Cooper, Assistant City Attorney FROM: Allyson C. Bristor, Associate Planner RE: Final Plat for the Bozeman SSA Minor Subdivision - #P-08009 DATE: October 7, 2008 Attached, please find four signed mylars and one paper copy of the final plat, and the original platting certificate for the above referenced application. On April 14, 2008, the City Commission granted conditional approval to this Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat application, which proposes to divide approximately 1.39 acres into two residential lots, legally described as Lot 2, Block 2, Cattail Creek Subdivision, Phase 1, located in Section 35, Township 2S, Range 1E, PMM, City of Bozeman, Gallatin County, Montana. A “No Build” Restriction is necessary with this final plat application. Building Permits will not be issued for Lot 2, Block 2, Cattail Creek Subdivision, Phase One, until all subdivision improvements are installed and inspected and accepted by the City of Bozeman. These improvements include the installation of water and sewer stubs to the newly created lot, Lot 2A. Based on a review of the conditions of preliminary plat approval, the City Engineer and Planning Departments find that the conditions of approval have been met. The conditions of preliminary plat approval and an explanation of how they have been met follows: 1. The adjacent lot to the west (i.e.., Lot 1, Bock 2) is zoned R-3 (Residential Medium Density District). Appropriate measures to give consideration to residential adjacency must be considered during site plan review. When a site plan for the western lot is submitted to the City for review, adequate landscaping will be required and reviewed by the City. 2. The mutual access easement for the drive access must be executed prior to final plat approval. The mutual access easement is shown within the boundaries of the divided lots and will be executed with the filing of the final plat. 21 Page 2 Please prepare a City Attorney’s Certificate using the attached platting certificate and review the Certificates of Director of Public Service and Release of Sanitary Restrictions “as to form.” If you find this submittal acceptable, please place it as an item on the October 20, 2008 City Commission agenda. The application was deemed complete on September 12, 2008. We have 45 working days, or until November 18, 2008, to approve the final plat. Attachments: Four signed mylars of the final plat One paper copy of final plat Original platting certificate Copy of Building Permit Restriction cc: Debbie Arkell, Director of Public Service (with copy of plat and memo from Andy Kerr) Stacy Ulmen, Clerk of Commission (with copy of plat) 22 23