HomeMy WebLinkAboutApprove Final Plat for 19th and College 2-lot Minor Subdivision to subdivide1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney
Tim McHarg, Director, Planning and Community Development
SUBJECT: Final Plat for the 19th and College 2-Lot Minor Subdivision -
#P-11007
MEETING DATE: February 27, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the 19th and College 2-
Lot Minor Subdivision to subdivide 1.1242 acres and authorize the Director of Public Service to execute
the same on behalf of the City of Bozeman.
BACKGROUND: On November 8, 2010, the Bozeman City Commission conditionally approved this
Minor Subdivision from a Tract of Record to divide approximately 1.1242 acres into two lots for R-O
(Residential Office District) development on the northeast corner of South 19th Avenue and West
College Street. The eastern portion of the property contains an existing office building.
Staff has concluded that all terms and conditions of the 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.
Commission Memorandum
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UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat.
FISCAL EFFECTS: As a commercial subdivision, no dedicated parkland is required of this proposal
unless a residential component is anticipated with the future development on Lot 1. The applicant has
paid the required cash-in-lieu of water rights in the amount of $7,320.00 as part of their final plat
application. Additional City sewer and water connection fees and other required impact fees will be
collected for new City services when a project/building permit is realized for the new vacant lot.
Attachments: Planning Staff’s Summary Review
Final Plat application materials
Report compiled on February 15, 2012
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
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 -
19th AND COLLEGE 2-LOT MINOR SUBDIVISION
PLANNING FILE NO. P-11007
DATE: January 26, 2012
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C & H Engineering and Surveying, Inc., on behalf of Mr. & Mrs. Rogers Neighborhood,
LLC, has submitted the final plat of the 19th and College 2 Lot Minor Subdivision for review and
approval.
On October 4, 2010, the Bozeman City Commission voted 4-0 to conditionally approve the
preliminary plat for this 2 Lot Minor Subdivision from a Tract of Record to subdivide 1.1242 acres into
two lots as submitted in its original form on July 30, 2010 (#P-10008).
A final plat application was submitted on October 3, 2011 and, with the submittal of a couple of
subsequent required items on January 3, 2012, was deemed complete on January 10, 2012. 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 and signed at its November 8th, 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 February 27,
2012 City Commission consent agenda.
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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.
Based on the applicant having submitted a final plat application on October 3, 2011, and meeting the
Wednesday deadline of November 8, 2011 for consideration of final plat review and approval, and further
finding that the application was deemed complete on Tuesday, January 10, 2012, the 45-day (working days)
review period for this final plat would expire on March 14, 2012.
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. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with the
final plat of the minor subdivision.
The owner/applicant paid the calculated cash-in-lieu of water rights in the amount of
$7,320 to the City of Bozeman on October 3, 2011 as part of their final plat submittal.
3. Any waivers for area Special Improvement Districts or infrastructure paybacks identified by the
City Engineer’s Office shall be addressed with the final plat application.
The owner/applicant has submitted a draft of the required “Waiver of Right-to-Protest
Creation of Special Improvement District For a City-Wide Park Maintenance District”
which will be required to be executed and recorded as part of the filing of the final plat
with the Clerk and Recorders Office. No other required waivers or paybacks were
identified by the City Engineer’s Office at this time.
4. A new sewer service shall be extended into Proposed Lot 1, or financially guaranteed, prior to
final plat approval. The service shall be located within a utility easement for the benefit of
proposed Lot 1 where it crosses proposed Lot 2.
A new sewer lead has been installed 10 feet onto proposed Lot 1 and is encompassed in a 30
foot wide utility easement (shown on the plat) where the existing sewer main and new
service cross Lot 2.
5. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading and
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elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
A site grading plan and design calculations have been provided with the accompanying
Master Site Plan application/materials which have been reviewed by the City Engineering
Office for adequacy as part of that project (#Z-10176).
6. A copy of the Montana Department of Transportation approach permit for the access easement
intersecting with S. 19th Avenue shall be provided to the City of Bozeman with the final plat.
The Montana Department of Transportation has already constructed this approach as part
of their S. 19th Avenue upgrades as part of their right-of-way agreement with the property
owner.
7. The easement for the extension of sewer service from Lot 2 to Lot 1 shall be shown on the final
plat.
This easement is shown in the appropriate location on the plat as a “30’ WIDE UTILITY
EASEMENT FOR THE BENEFIT OF LOT 1”.
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.
All existing and required easements and right-of-ways are shown on the plat. This includes
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the new 30’ wide utility easement across Lot 2 (to provide sewer service to Lot 1), as well as
a “Public Access Easement” common to both lots for the shared access and parking areas
per the Master Site Plan approved as part of Project Z-10176.
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.
This draft waiver has been supplied by the owner/applicant and will be required to be executed and
recorded as part of the filing of the final plat with the Clerk and Recorders Office.
e. 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.
The owner/applicant has submitted a copy of their approved weed management and
revegetation plan that was approved by the Gallatin County Weed Control District on June
28, 2010.
f. The final covenants, conditions, restrictions and easements shall be submitted with the final plat
application for review and approval by the Planning Department and shall contain, but not be
limited to, the provisions required in section 18.72.030.
The applicant has submitted a copy of their “Protective Covenants, Conditions,
Restrictions & Easements for Mr. Rogers Neighborhood” as part of the final plat and these
appear adequate to address the common element requirements for the subdivision and the
associated Master Site Plan (Z-10176).
g. 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.
All required improvements for this subdivision have already been completed and,
therefore, an improvements agreement is not necessitated or required.
Attachments: Findings of Fact and Order
Final Plat application materials
cc: Thinktank Design Group Inc., 22 North Black Avenue, Bozeman, MT 59715
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Mr. & Mrs. Rogers Neighborhood, LLC, 2910 Colter Avenue, Bozeman, MT 59715
Planning File No. P-11007
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