HomeMy WebLinkAboutApprove the Final Plat for the Amended Plat of Lot 7.pdf1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney
Tim McHarg, Director, Planning and Community Development
Chris Kukulski, City Manager
SUBJECT: Final Plat for Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision -
#P-10011
MEETING DATE: September 20, 2010
AGENDA MEETING ITEM: Consent Agenda Item
RECOMMENDATION: That the City Commission approve the Final Plat for the Amended Plat of
Lot 7, Block 16, Cattail Creek Minor Subdivision for the Second or Subsequent Minor Subdivision of
approximately .2908 acres to create two townhouse lots and authorize the Director of Public Service to
execute the same on behalf of the City of Bozeman.
BACKGROUND: On June 21, 2010, the Bozeman City Commission conditionally approved this
Second or Subsequent Minor Subdivision from a Tract of Record to divide approximately .2908 acres
into two lots. This project allows the subdivision of one lot, (originally zoned and sized to allow a
duplex to be constructed), into two townhouse lots on the northwest corner of Catkin Lane and
Blackbird Drive in the Cattail Creek Subdivision.
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.
Attached is a memorandum from Doug Riley, Associate Planner, delineating how the conditions of
preliminary plat approval have been satisfied. The County Treasurer has certified, by signing the mylars,
that all real property taxes and special assessments have been paid.
UNRESOLVED ISSUES: None determined at this time.
Commission Memorandum
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ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat.
FISCAL EFFECTS: As this property was originally zoned and designed to allow 2 units, and only 2
units would still be allowed under this subdivision, there is no requirement for additional parkland
dedication as part of this application. Additional City sewer and water connection fees will be collected
for the new services when a building permit is issued for the property.
Attachments: Planning Staff’s Summary Review
Final Plat application materials
Report compiled on September 3, 2010
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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
AMENDED PLAT OF LOT 7, BLOCK 16, CATTAIL CREEK MINOR
SUBDIVISION
PLANNING FILE NO. P-10011
DATE: September 3, 2010
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C & H Engineering and Surveying, Inc., on behalf of Von Construction, Inc., has submitted
the final plat of the Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision for review
and approval.
On June 21, 2010, the Bozeman City Commission voted 5-0 to conditionally approve this
Second or Subsequent Minor Subdivision from a Tract of Record to subdivide .2908 acres into two
townhouse lots as submitted in its original form on April 14, 2010 (#P-10005).
A final plat application was submitted on August 17, 2010 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 were approved by the City
Commission at its July 19, 2010 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 have been completed and can be 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 September
20, 2010 City Commission consent agenda.
Once the Commission has acted upon the final plat application please have the Director of Public
Service sign the mylars and forward back to me for completing the recording process.
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Based on the applicant having submitted a final plat application on August 17, 2010, and meeting the
Wednesday deadline of August 18, 2010 for consideration of final plat review and approval, and further
finding that the application was deemed complete on Monday, August 23, 2010, the 45-day (working days)
review period for this final plat would expire on October 26, 2010.
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.
2. The new water and sewer services to proposed Lot 7A shall be installed or financially guaranteed
prior to final plat approval.
New water and sewer service leads have been constructed by the applicant to Lot 7A in
compliance with City of Bozeman requirements.
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 review 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 and all existing easements
are accurately depicted. No new easements were required as part of this subdivision.
Individual sewer and water leads constructed to service each new lot are not required to be
placed in easements.
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d. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special improvement
districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin
County Clerk and Recorder.
Waivers of right to protest creation of SID’s (including for a park maintenance district) were
executed as part of the original subdivision development and are referenced in the recorded
subdivision documents.
e. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of Bozeman,
an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal information
and conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
The only required improvements required for this minor subdivision were individual sewer
and water leads for Lot 7A. These improvements have been completed by the applicant.
Attachments: Final Plat application materials
Findings of Fact and Order
cc: Von Construction, Inc., 260 Cayuse Trail, Bozeman, MT 59718
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Planning File No. P-10011
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