HomeMy WebLinkAboutFinal Plat for the Story Mansion Minor Subdivision P-09014.pdf
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney
Andrew Epple, Director, Planning and Community Development
Chris Kukulski, City Manager
SUBJECT: Final Plat for the Story Mansion Minor Subdivision - #P-09014
MEETING DATE: December 14, 2009
AGENDA MEETING ITEM: Consent Agenda Item
RECOMMENDATION: That the City Commission approve the Final Plat for the Story Mansion
Minor Subdivision for the Second or Subsequent Minor Subdivision of a Tract of Record to create two
lots on the 2.15 acre Story Mansion property located at 811 S. Willson Avenue and authorize the City
Manager and Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: On November 16, 2009, the Bozeman City Commission conditionally approved this
Second or Subsequent Minor Subdivision from a Tract of Record to divide 2.15 acres into two lots. The
2 lot minor subdivision will create a separate lot (shown as Lot 1A-1 totaling 1.0381 acres) for the
Mansion and related site developments and a separate lot (shown as Lot 1A-2 totaling 1.1092 acres) for
a designated park. (Note: Lot 1A-2 is to be established parkland via separate Commission Resolution).
This minor subdivision is submitted as a “Second or Subsequent Minor Subdivision Created from a
Tract of Record” as the City had previously completed Minor Subdivision Review and approval for the
property in 2005 to aggregate the originally platted 26 lots and the apportioned alley into one lot (Project
#P-05014).
The final plat application was submitted on December 7, 2009 and deemed complete on the same day.
Staff has concluded that all terms and conditions of preliminary plat approval have been met. 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 state subdivision law 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.
As City owned property, there are no property taxes or special assessments levied on the subject
property. Attached is a memorandum from Doug Riley, Associate Planner, delineating how the
conditions of preliminary plat approval have been satisfied.
Commission Memorandum
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FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission
Attachments: Planning Staff’s Summary Review
Final Plat application materials
Report compiled on December 9, 2009
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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
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DOUG RILEY, ASSOCIATE PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
STORY MANSION MINOR SUBDIVISION
PLANNING FILE NO. P-09014
DATE: DECEMBER 7, 2009
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Rocky Mountain Engineers, on behalf of the City of Bozeman, has submitted the final plat of
the Story Mansion Minor Subdivision for review and approval.
On November 16, 2009, the Bozeman City Commission voted 3-0 to conditionally approve this
Second or Subsequent Minor Subdivision from a Tract of Record to subdivide 2.15 acres into two lots as
submitted in its original form on September 23, 2009 (#P-09012).
A final plat application was submitted on December 7, 2009 and was deemed complete. Staff’s
summary review provided below addresses the conditions and cited code provisions of preliminary plat
approval outlined in the attached Findings of Fact and Order which are scheduled to be approved by the
City Commission at its December 7, 2009 meeting.
Based on the summary review provided below, the City Engineering Office and Planning
Department have reviewed the application against the conditions of preliminary plat approval; and as a
result, find that final plat approval may be granted.
The required mylars of the Final Plat will be completed and signed upon approval of the final
plat by the City Commission.
The Planning Staff respectfully requests that you review and approve the final plat certificates "as
to form". If you find this submittal acceptable, please place the final plat application on the December
14, 2009 City Commission agenda.
Once the Commission has acted upon the final plat application, I will coordinate the signatures on
the mylars and complete the recording process.
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Based on the applicant having submitted a final plat application on December 7, 2009, and meeting
the Wednesday deadline of December 9, 2009 for consideration of final plat review and approval, and further
finding that the application was deemed complete on Monday, December 7, 2009, the 45-day (working
days) review period for this final plat would expire on February 10, 2009.
The conditions of preliminary plat approval, and code provisions, which were placed on the
preliminary plat approval, and how they have been met, are as follows:
1. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
The final plat complies with all submittal requirements and standards of the Bozeman
Municipal Code.
Code Provisions:
a. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in force
for not more than one calendar year. Prior to that expiration date, the applicant may submit a
letter of request for the extension of the period to the Planning Director for the City
Commission’s consideration. The City Commission may, at the written request of the applicant,
extend its approval for no more than one calendar year, except that the City Commission may
extend its approval for a period of more than one year if that approval period is included as a
specific condition of a written subdivision improvements agreement between the City
Commission and the applicant, provided for in §18.74.060, BMC.
The final plat application was submitted within one calendar year of the date of approval
of the preliminary plat.
b. Pursuant to Section 18.06.060, the applicant shall submit with the application for final plat
review and approval, a written narrative stating how each of the conditions of preliminary plat
approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this
information can be found.
All required materials required for final plat submittal were submitted as part of the
application.
c. Pursuant to Section 18.42.060, all easements, existing and proposed, shall be accurately depicted
and addressed on the final plat and in the final plat application.
City water and sewer lines currently exist in the adjacent streets. The Mansion is serviced
via connection to the sewer and water mains located in Willson Avenue. The utility
easement located across Lot 1A-2 (east of the Mansion) will contain these service lines. The
Carriage House is connected to the sewer and water mains in Grand Avenue. No easement
is needed for these lines as the service lines and Carriage House are located on proposed
Lot 1A-1.
d. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a person with
experience in weed management and knowledgeable in weed identification. A noxious weed
management and revegetation plan, approved by the County Weed Control District, shall be submitted
with the final plat.
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A noxious weed management plan was completed by the City on September 22, 2009. The County
Weed Control District approved this plan on October 13, 2009.
Attachments: Final Plat application materials
Findings of Fact and Order
cc: Rocky Mountain Engineering, 1700 W Koch St., Suite 7, Bozeman, MT 59715
Planning File No. P-09014
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