HomeMy WebLinkAboutApprove Final Plat for Baxter Meadows, Phase 2B Subdivision Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney
Chris Saunders, Assistant Director of Planning
SUBJECT: Baxter Meadows Phase 2B Subdivision Final Plat
MEETING DATE: December 12, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the
City Commission approves the Final Plat of Baxter Meadows Phase 2B Subdivision, and
authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman. BACKGROUND: This is a request for approval of the Final Plat for Baxter Meadows,
Phase 2b, a one-lot, commercial subdivision located on the intersection of Vaquero Parkway and
Kimberwicke street. At its February 2, 2004, public hearing, the Bozeman City Commission
voted to conditionally approve the Baxter Meadows Phase 2 Major Subdivision Preliminary Plat. On October 21, 2010, First Interstate Bank, the successor in interest, applied for final plat
approval for only one portion of the original preliminary plat. The applicant applied for final
plat approval on November 21, 2011, and staff has concluded 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 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 Chris Saunders, Assistant Director of Planning, delineating
how the conditions of preliminary plat approval have been satisfied.
UNRESOLVED ISSUES: None identified ALTERNATIVES: None identified. As directed by the City Commission.
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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.
Attachments: Staff Memo; Final Plat
Report compiled on: November 23, 2011
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPME
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, CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: CHRIS SAUNDERS, ASSISTANT DIRECTOR RE: FINAL PLAT REVIEW AND APPROVAL
BAXTER MEADOWS, PHASE 2B
PLANNING FILE NO. P-10012 DATE: NOVEMBER 28, 2011
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Thomas, Dean & Hoskins has made application to the Planning Office for Final Plat review and approval for Baxter Meadows, Phase 2b, being a one-lot, commercial subdivision located on the
intersection of Vaquero Parkway and Kimberwicke street.
On February 2, 2004, the City Commission granted preliminary plat approval to subdivide 76± acres and create 143 mixed use lots and related site improvements. This final plat is for only one portion of the original preliminary plat. Staff’s summary review addresses the conditions of preliminary plat
approval outlined in the Findings of Fact and Order. Included in the binder under the second tab is a
copy of the signed Findings of Fact and Order dated June 14, 2004. This application clock was tolled
during a suit and remains current. The developer has applied for final plat review and approval of Baxter Meadows, Phase 2B
electing to financially guarantee a portion of the required subdivision improvements for said phase (i.e.,
street lights). Based on the summary review provided below, the City staff have reviewed the
application against the conditions of preliminary plat approval; and as a result, find that final plat application may be granted approval by the City Commission.
Four (4) original mylars of the Final Plat, original Platting Certificate, copy of Improvements
Agreement and Financial Guarantee are attached. The Improvements Agreement will be recorded and
filed with the final plat at the Clerk and Recorder’s Office. There will not be a “No Build” restriction necessary with the recording of this final plat.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using
the attached original Platting Certificate; approve the Certificates of Director of Public Service, Release of Sanitary Restrictions, and Certificate of Completion "as to form". If you find this submittal acceptable, please place the final plat application on the earliest scheduled Consent Agenda of
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the Bozeman City Commission. The applicant has already provided the necessary financial guarantee to
guarantee completion of the remaining subdivision improvements required with this final plat (see attached copy).
Once the Commission has acted on the Final Plat application, please forward the original mylar
plats and documents to the Director of Public Service and have the Director sign the appropriate
certificates on the final plat. Please make sure the Director’s signature’s are notarized and return all of the documents to the Planning Office in the Inter-Department routing envelope for their protection.
Based on the applicant having submitted a supplement to create a complete application on
November 21, 2011 for final plat review and approval, the 45-day (working days) review period for this final plat would expire on January 6, 2012. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have been met, are provided in the binder accompanying this memo.
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Binder
Original Platting Certificate Copy of Improvements Agreement Copy of Financial Guarantee
Copy of Findings of Fact and Order Copy of the Property Owner’s Association Documents
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)
Planning File No. P-11005
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