HomeMy WebLinkAboutJuly 9, 2012_Approve the Final Plat for the Huempfner Minor Sub_5.pdf1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Tim McHarg, Director, Planning and Community Development
SUBJECT: Final Plat for the Huempfner Minor Subdivision - #P-12007
MEETING DATE: July 9, 2012 AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Huempfner Minor
Subdivision to subdivide 8.939 acres and authorize the Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: On January 23, 2012, the Bozeman City Commission conditionally approved this
Minor Subdivision from a Tract of Record to divide approximately 8.939 acres into two lots for M-1
(Light Manufacturing District) development on property located along the south boundary of US Highway 20/East Frontage Road approximately one-quarter mile east of the Interstate 90 , Exit 309
interchange.
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 Dave Skelton, Senior 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.
ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat.
Commission Memorandum
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FISCAL EFFECTS: As a commercial/light manufacturing subdivision, no dedicated parkland is
required of this proposal unless a residential component is proposed with the future development. The
applicant has paid the required cash-in-lieu of water rights in the amount of $2,520.00 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 June 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 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
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER RE: FINAL PLAT REVIEW AND APPROVAL
HUEMPFNER TWO-LOT MINOR SUBDIVISION
PLANNING FILE NO. P-12007 DATE: JUNE 19, 2012
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Madison Engineering, on behalf of Michael S. Huempfner has made application to the Planning Department for Final Plat review and approval for the Huempfner Two Lot Minor
Subdivision, being a two-lot light manufacturing/commercial subdivision located on the south side of
Highway No. 20/East Frontage Road approximately one mile east of the Interstate 90, Exit 309
interchange. On January 23, 2012, the City Commission granted preliminary plat approval to subdivide
8.939± acres and create two light manufacturing/commercial lots with fourteen conditions of approval.
Staff’s summary review addresses the conditions of preliminary plat approval outlined in the Findings of
Fact and Order. Attached is a copy of the signed Findings of Fact and Order dated April 2, 2012. The developer has applied for final plat review and approval of the Huempfner Two Lot Minor
Subdivision electing to financially guarantee the required extension of municipal service lines to the
existing structures (i.e., municipal water). Based on the summary review provided below, the
Development Review Committee, City Engineering’s Office and Planning Department 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, Financial Guarantee, and Billboard Sign Agreement are attached. The Improvements Agreement and Billboard Sign 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,
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Certificate of Exclusion from Montana DEQ Review, and Certificate of Governing Body "as to form". This final plat application is currently scheduled for the July 9, 2012 consent agenda of the City Commission. The applicant has 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 complete application on June 8, 2012 for final plat
review and approval, and further finding that the application was deemed complete on Wednesday, June 13, 2012, the 45-day (working days) review period for this final plat would expire on August 15,
2012. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follows.
1. 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.
All required documents to file the final plat have been provided. Attached please find four (4)
mylar final plats, original Platting Certificate, Improvements Agreement, Billboard Sign Agreement and copies of all applicable documents and exhibits necessary for your review.
2. 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 and noted code provisions
listed in the staff report have been satisfactorily addressed, and shall include a digital copy (pdf) of
the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 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.
Said written narrative, exhibits and documents are included in the attached binder and
addresses the conditions of preliminary plat approval provided as by the applicant.
3. Prior to Final Plat approval the applicant shall execute an agreement with the City to guarantee removal of the existing billboard sign prior to October 1, 2012.
Said Billboard Agreement is attached.
4. 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 City Engineer’s Office has not identified any related paybacks with this minor subdivision.
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5. The “As Built” exhibit provided with the preliminary plat application shall remain on file for
further reference. However, the final plat shall exclude all reference to existing structures, impervious surfaces, and physical features.
Applicant has noted that the “As Builts” will remain on file.
6. Development of Lot 2 will require compliance with the regulatory standards of the Unified
Development Ordinance with any future development of the subject property is it relates to lot
coverage, setbacks, parking, etc.
Applicant acknowledges compliance with the regulatory standards prior to further development.
7. Said request for waivers to the supplemental information under 18.78.060 is granted.
Supplemental information was not required with the preliminary plat or this final plat
application.
Engineering Department Recommended Conditions:
8. Prior to Final Plat approval, the existing buildings on the respective lots shall connect to municipal
water and provide water impact fees commensurate with the respect service sizes.
The City Engineer’s Office and Planning Department have granted the applicant until August
15, 2012 to connect to municipal water and pay the applicable water impact fees with hookup. Completion of the infrastructure by July 15, 2012 was originally addressed with the applicant executing an Improvements Agreement and providing the necessary financial guarantee. The City Engineer’s Office and Planning Department have granted an additional month to connect
to water services until August 15, 2012 finding that the financial guarantee is valid until
November 30, 2012.
9. Existing well(s) on the property shall be disconnected for potable use, but may be used for site irrigation.
Applicant acknowledges this condition and the City Engineer’s Office and Superintendent of
Water and Sewer will confirm this once water services have been extended to the two existing
structures.
10. A utility occupancy permit shall be obtained from the Montana Department of Transportation (MDT) prior to beginning work necessary in State right-of-way to connect to the public water main
in East Frontage Road. The approved permit shall be provided prior to Final Plat approval.
A copy of the utility occupancy permit is included with the final plat application.
11. Prior to Final Plat approval, documentation shall be provided indicating MDT approval of the existing accesses onto East Frontage Road.
Copies of the approved approach permits are included with the final plat application.
12. All easements shall be adequately identified on the final plat with existing and proposed easements
labeled accordingly.
The City Engineer’s Office has reviewed the final plat application and determined on June 18, 2012 that all applicable information required under this condition is provided.
13. A stormwater easement shall be provided for storm water runoff leaving a lot and entering another.
The final plat provides a notation that allows strum water runoff from Lot 2 to flow across Lot
1and will be further addressed with any future development of the subject lots.
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14. If the existing well will serve an irrigation system common to both lots an irrigation easement shall
be provided.
The applicant does determined in their attached written narrative that the existing well will not provide irrigation for the second lot.
DS/dps Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Binder
Original Platting Certificate Original Improvements Agreement
Original Billboard Sign Agreement
Copy of Financial Guarantee Copy of Findings of Fact and Order
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) Michael Huempfner, 525 Jack Leg Lane, Bozeman, MT 59715 Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59715
Planning File No. P-12007
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