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HomeMy WebLinkAboutSpring Creek Village Resort Amended Lot 4 Minor Subdivision Final Plat1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Director, Planning and Community Development SUBJECT: Spring Creek Village Resort Amended Lot 4 Minor Subdivision Final Plat Application #P-12006 MEETING DATE: June 4, 2012 AGENDA MEETING ITEM: Consent Item RECOMMENDATION: The City Commission approves Minor Subdivision Final Plat Application #P-12006 and authorizes appropriate staff to sign the plat. BACKGROUND: The property owner/applicant, Spring Creek Village, LLC, represented by C&H Engineering submitted a Minor Subdivision Preliminary Plat application to add a note to the face of the plat for Lot 4 to add a requirement regarding the process for future development review. The subject property is annexed with a zoning designation of BP, Business Park, and is located northwest of the intersection of Huffine Lane and Resort Drive. The property is 19.9621 acres in size. The City Commission gave preliminary approval to the amended plat on May 7, 2012 and approved the Findings of Fact on May 21, 2012. The submitted final plat conforms to the terms of the findings of fact and appears to be adequate for filing. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Approval of the Final Plat as submitted. 2) As determined by the Commission. FISCAL EFFECTS: None Attachments: Applicant’s Final Plat application materials Report compiled on May 17, 2012 Commission Memorandum 35 36 Page 1 Appropriate Review Fee Submitted 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 DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman 2020 Community Plan Designation: 11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet: SpringCreekVillageResortMinorSubdivisionAmendment SpringCreek Village, LLC delaneynco@earthlink.net 101 East Main Street, Suite D, Bozeman, MT 59715 (406)586-3132(406)586-8692 Delaney & Co., Incdelaneynco@earthlink.net 101 East Main Street, Suite D, Bozeman, MT 59715 (406)586-3132(406)586-8692 C&H Engineering and Surveying, Inc.info@chengineers.com 1091 Stoneridge Drive, Bozeman, MT 59718 (406)587-1115(406)587-9768 Lot 4, Minor Subdiv. No. 295, The Spring Creek Village Resort, Sec. 10, T.2S, R5E, P.M.M. West of Resort Drive, north of Huffine Lane and south of Fallon Street AmendmenttoaMinorSubdivisionforLot4,TheSpringCreekVillageResorttoaddplatnote:“Noticeisherebygivento allprospectivepurchasers,thatwithrespecttoLot4,theinitialbuildingpermitforLot4maynotbeissueduntilapprovalbytheCityofBozemanofa PlannedUnitDevelopment(“PUD”)oraMasterSitePlanforLot4,whichapproval(s)shallnotbeunreasonablywithheldbytheCityofBozeman.” B-P Vacant Community Commercial Mixed Use 19.9621869,54819.9621869,548 Lot4,SpringCreekVillageResortSubdivisionAmendment 37 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDO section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature:Date: Applicant’s Signature:Date: Property Owner’s Signature:Date: Property Owner’s Signature:Date: ✔ ✔ ✔ ✔ ✔ March14,2012 March14,2012 March14,2012 March14,2012 ✔ 38 SUBDIVISION FINAL PLAT CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A.Subdivision Type. First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with a Variance Second or Subsequent Minor Subdivision from a Tract of Record Major Subdivision B. Total Number of Lots. C. Date of Preliminary Plat Approval. D.Final Plat Requirements. A final plat submitted for approval must show or contain, on its face or on separate sheets referred to on the plat, the following information: Final Plat Requirements Yes NoN/A 1.A title or title block indicating the quarter-section, section, township, range, principal meridian, county and, if applicable city or town, in which the subdivision is located. The title of the plat must contain the words "plat" and either "subdivision" or "addition" 2.The name of the person(s) who commissioned the survey and the name(s) of the owner of the land to be subdivided if other than the person(s) commissioning the survey, the names of any adjoining platted subdivisions, and the numbers of any adjoining certificates of survey previously filed 3.A north arrow and scale bar 4.The location of, and other information relating to, all monuments found, set, reset, replaced or removed 5.The location of any section corners or corners of divisions of sections pertinent to the survey 6.Witness and reference monuments and basis of bearings 7.The bearings, distances and curve data of all boundary lines 8.Data on all curves sufficient to enable the re- establishment of the curves on the ground 9.Lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at least the nearest minute 10.All lots and blocks in the subdivision, designated by number, the dimensions of each lot and block, the area of each lot, and the total acreage of all lots 11.All streets, alleys, avenues, roads and highways; their widths (if ascertainable) from public records, bearings and area; the width and purpose of all road rights-of-way and all other easements that will be created by the filing of the plat; and the names of all streets, roads and highways 12.The location, dimensions and areas of all parks, common areas and other grounds dedicated for public use 13.The total acreage of the subdivision 14.A narrative legal description of the subdivision 15.The dated signature and the seal of the surveyor responsible for the survey 16.A memorandum of any oaths 17.The dated, signed and acknowledged consent to the subdivision of the owner of the land being subdivided 18.Certification by the City Commission that the final subdivision plat is approved 19.Space for the Clerk and Recorder's filing information 20. Any other information required as a condition of preliminary plat approval Page 3 (Subdivision Final Plat Checklist – Prepared 12/05/03; revised on 9/20/04; revised on 7/24/07, revised 11/14/11) ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 39 Page 4 E.Supplemental Documents. The following original documents must accompany final plat applications. All documents must be properly notarized, signed or sealed, where applicable: Supplemental Documents YesNoN/A 1.Certification of dedication of streets, parks, playground easements or other public improvements 2.Certification by the City Commission or their designated agent expressly accepting any dedicated land, easements or improvements. An acceptance of a dedication is ineffective without this certification 3.A certificate of a title abstractor showing the names of the owners of record of the land to be subdivided and the names of any lien holders or claimants of record against the land and the written consent to the subdivision by the owners of the land, if other than the developer, and any lien holders or claimants of record against the land. The certification shall have been issued no later than 30 days prior to a final plat submittal 4.Copies of any covenants or deed restrictions relating to the subdivision 5.When required, certification from the State Department of Environmental Quality stating that it has approved the plans and specifications for water supply and sanitary facilities 6.A certificate from the developer indicating which required public improvements have been installed and a copy of any subdivision improvements agreement securing the future construction of any additional public improvement to be installed 7.The certification of the county treasurer that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid 8.Articles of incorporation and by-laws for any property owners association 9.Copy of all permits listed in Section 38.41.020 (Streambed, Streambank and/or Wetlands Permits), BMC 10.Prior to final plat approval, a memorandum of understanding shall be entered into by the Weed Control District and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the Planning Department with the application for final plat approval 11.A letter from the City Engineer certifying that as-built drawings (i.e., copies of final plans, profiles, grades, and specifications for public improvements, including a complete grading and drainage plan) have been received 12.A letter from the City Engineer certifying that a copy of all required state highway access or encroachment permits have been received 13.For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board.The final park plan shall include all of the information listed in Section 38.41.070.4 (Final Park Plan), BMC 14.The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box 15.The developer shall provide a description of how the subdivision has complied with Article 8 Section 10, BMC (Affordable Housing). The description shall be of adequate detail to clearly identify those lots designated as subject to Article 8, Section 10, BMC compliance. 16. Any other information required as a condition of preliminary plat approval 17.Stormwater Management Permit Application required ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 40 Jami Morris LLC Land Use Planning Consultant 2440 Etta Place Bozeman, Montana 59718 406.570.6209 planningbozeman@yahoo.com May 14, 2012 ATTN: Chris Saunders City of Bozeman Planning Office P.O. Box 1230 Bozeman, MT 59771 RE: Lot 4, Spring Creek Village Resort Subdivision Amendment Dear Chris: We are submitting the final plat for the Amendment to Lot 4, Spring Creek Village Resort which includes: 1. Check in the amount of $525 2. Subdivision application with final plat checklist 3. 4 signed mylar copies 4. 5 paper copies 5. 2 CD copies including a pdf of the plat 6. Platting certificate The following are our responses to the conditions and code provisions: Conditions: 1. All other terms, conditions, and requirements of Minor Subdivision 295, The Spring Creek Village Resort shall remain in full force and effect. The property owners understand and agree that the approved amendment to Lot 4 does not nullify the terms, conditions and requirements of Minor Subdivision 295. 2. The following language shall be placed on the final plat: LOT 4 RESTRICTION NOTE NOTICE IS HEREBY GIVEN to all potential purchasers of the Amended Plat of Lot 4 of Minor Subdivision No. 295, City of Bozeman, Gallatin County, Montana, that the final plat of Minor Subdivision No. 295, recorded at the XXXXXXX in the records of the Gallatin County, Montana, Clerk and Recorder, was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38 of the Bozeman Municipal Code, and also that development on Lot 41 2 4 was subject to certain restrictions as indicated on said final plat No. 295 at Note 1. The owner of Lot 4 desires to ensure additional development restrictions are placed on Lot 4 to protect the public health, safety, and general welfare and hereby agrees and consents to the following restrictions to be enforceable in law or equity by the City of Bozeman against it, its successors in interest and any subsequent purchaser: Development of Lot 4 and the issuance of building permits for Lot 4 may occur only after approval by the City of Bozeman of a Planned Unit Development or a Master Site Plan pursuant to Chapter 38 of the Bozeman Municipal Code and installation of and acceptance by the City of Bozeman of all on and off-site improvements as required by Minor Subdivision No. 295, this final plat No. XXX, and an approved Planned Unit Development. All development of Lot 4 must be in compliance with said Planned Unit Development. The above restrictions shall run with the land and are revocable only upon recording of a document signed by the City of Bozeman indicating compliance with the above restrictions or waiving one or more of the above restrictions. The plat note has been added to the final plat as stated above. Code Provisions: 1. Pursuant to Section 38.03.040.A.5(f), 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 a mutually agreed upon time. More than one extension may be requested for a particular subdivision. Each request shall be considered on its individual merits as provided for in Section 38.03.040.A.5(g), BMC. The City Commission granted preliminary approval of the preliminary plat on May 7, 2012. Our application for final plat has been submitted well within the 1 year deadline. 2. Pursuant to Section 38.03.040.A.1, 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. We have responded to the conditions and code provisions as requested. 3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. All existing easements have been identified for Lot 4 and no new easements have been proposed. 42 3 4. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as- built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. 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. We believe our final plat is accurate and in compliance with the Bozeman Municipal Code. We have submitted 4 mylar copies, 2 digital copies and 5 paper prints. Please contact me if you have any questions. Respectfully, Jami Morris Land Use Planning Consultant 43 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, CITY ATTORNEY’S OFFICE STACY ULMEN, CITY CLERK FROM: CHRIS SAUNDERS, ASSISTANT DIRECTOR RE: FINAL PLAT REVIEW AND APPROVAL - AMENDED PLAT OF LOT 4, MINOR SUBDIVISION 295 PLANNING FILE NO. P-12006 DATE: MAY 17, 2012 ------------------------------------------------------------------------------------------------------------------------------ C & H Engineering and Surveying, Inc., on behalf of Spring Creek Resort, LLC, has submitted the final plat of the 19th and College 2 Lot Minor Subdivision for review and approval. On May 7, 2012, the Bozeman City Commission voted 4-0 to conditionally approve the preliminary plat for this amended plat of Lot 4, Minor Subdivision 295 to add a plat note restricting further development and creating no new lots as submitted in its original form on March 19, 2012 (#P- 12002). A final plat application was submitted on May 16, 2012 and was deemed complete on May 17, 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 May 21, 2012 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." The final plat application is on the June 4, 2012 City Commission consent agenda. If you find this submittal acceptable, please place your City Attorney’s certificate into Agenda Manager to accompany the other materials. 44 Page 2 Once the Commission has acted upon the final plat application please send the mylars back to me for signature by the Planning Director and the Director of Public Service prior to completing the recording process. Based on the applicant having submitted a final plat application on May 16, 2012, and meeting the Wednesday deadline of May 16, 2012 for consideration of final plat review and approval, and further finding that the application was deemed complete, the 45-day (working days) review period for this final plat would expire on July 20, 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. All other terms, conditions, and requirements of Minor Subdivision 295, The Spring Creek Village Resort shall remain in full force and effect. No action is required, applicant has recognized this restriction in their final plat response. 2. The following language shall be placed on the final plat: LOT 4 RESTRICTION NOTE NOTICE IS HEREBY GIVEN to all potential purchasers of the Amended Plat of Lot 4 of Minor Subdivision No. 295, City of Bozeman, Gallatin County, Montana, that the final plat of Minor Subdivision No. 295, recorded at the XXXXXXX in the records of the Gallatin County, Montana, Clerk and Recorder, was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38 of the Bozeman Municipal Code, and also that development on Lot 4 was subject to certain restrictions as indicated on said final plat No. 295 at Note 1. The owner of Lot 4 desires to ensure additional development restrictions are placed on Lot 4 to protect the public health, safety, and general welfare and hereby agrees and consents to the following restrictions to be enforceable in law or equity by the City of Bozeman against it, its successors in interest and any subsequent purchaser: Development of Lot 4 and the issuance of building permits for Lot 4 may occur only after approval by the City of Bozeman of a Planned Unit Development or a Master Site Plan pursuant to Chapter 38 of the Bozeman Municipal Code and installation of and acceptance by the City of Bozeman of all on and off-site improvements as required by Minor Subdivision No. 295, this final plat No. XXX, and an approved Planned Unit Development or Master Site Plan. All development of Lot 4 must be in compliance with said Planned Unit Development or Master Site Plan. The above restrictions shall run with the land and are revocable only upon recording of a document signed by the City of Bozeman indicating compliance with the above restrictions or waiving one or more of the above restrictions. The required note has been added to the surface of the plat. Code Provisions: 45 Page 3 a. Pursuant to Section 38.03.040.A.5(f), 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 a mutually agreed upon time. More than one extension may be requested for a particular subdivision. Each request shall be considered on its individual merits as provided for in Section 38.03.040.A.5(g), BMC. Application for final plat has been received within the time period. b. Pursuant to Section 38.03.040.A.1, 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. Required narrative has been provided. c. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Easements are depicted on the plat. d. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. 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 necessary materials have been submitted. As built drawings were approved with the original Minor Subdivision 295 or are dependent on the installation of future infrastructure. Attachments: Findings of Fact and Order Final Plat application materials cc: Planning File No. P-12006 46