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Home My WebLink AboutCowdrey Minor Subdivision Preliminary Plat, P-12012_Part101 REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Director, Planning and Community Development SUBJECT: Cowdrey Minor Subdivision Preliminary Plat Application #P-12012 MEETING DATE: November 19, 2012 AGENDA MEETING TYPE: Action (Quasi-Judicial) RECOMMENDATION: That the City Commission approves Minor Subdivision Preliminary Plat Application #P-12012 with the conditions of approval and code provisions as recommended by the Planning Director in the staff report. RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-12012 and move to approve the preliminary plat application for the Cowdrey Minor Subdivision as requested in Planning Application #P-12012 authorizing to subdivide 5.006 acres and create two commercial lots, subject to the conditions listed in the staff report.” BACKGROUND: The property owner/applicant, Intermountain Developers, Inc., represented by Madison Engineering, LLC has submitted a Minor Subdivision Preliminary Plat application to subdivide 5.006 acres and create two commercial lots for development. The subject property is annexed with a zoning designation of B-2 (Community Business District) and is located along the north boundary of East Valley Center Road approximately one-quarter mile west of the Interstate 90, North 19th Avenue interchange. Pursuant to Section 38.03.040.A.4, BMC the Planning Director shall review all minor subdivisions, provide findings in a staff report and make a written recommendation for consideration by the City Commission. No variances to the Uniform Development Code (UDC) have been requested with this preliminary plat application and no specific variances have been identified during the review of the preliminary plat application. The site is presently vacant, undeveloped lands containing no significant physical features, watercourses, wetlands or mature vegetation. The Planning Office has not received any public testimony on the proposed two-lot minor subdivision as of this writing. Commission Memorandum 116 2 The DRC provided a recommendation of conditional approval on October 24, 2012. The Planning Director reviewed the minor subdivision application, together with the supplementary plans and information, and recommended to the City Commission on November 7, 2012 conditional approval with the conditions listed in the staff report. Staff’s full analysis of the review criteria for this minor subdivision is included in the attached staff report. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approval of the Preliminary Plat Application as submitted with no conditions. 2) Approval of the Preliminary Plat Application with conditions of approval as recommended by the Planning Director. 3) Denial of the application. 4) As determined by the Commission. FISCAL EFFECTS: The standard application fee was received for the Minor Subdivision Preliminary Plat application and was added to the Department of Planning’s application fee revenue. Attachments: Planning Staff’s Report Applicant’s Preliminary Plat application materials Report compiled on November 7, 2012 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 MH MH WV MH4650MH MH WV HF PHN PM STOP LP PT WV PT PHN H F MH LP W 46554655465546554655 46554655H F LP LP WV CS LP WV WV 146.21’N 80 43’ 29" E G20 G21 G22 G23 G24 G26 G27 G29 G30 PP1 PP2 G25 CH. L. = 351.11’ CH. BRG. = N 16 08’ 19" W L = 351.57’ = 10 13’ 33" R = 1969.86’ NON-TANGENT CURVE CH. L. = 227.04’ CH. BRG. = S 12 38’ 26" E L = 227.46’ »¿˛ = 12´ 6 R = 1075.92’ NON-TANGENT CURVE 57.70’N 59 31’ 08" E 414.60’S 81 08’ 31" W121.29’N 08 49’ 25" W39.50’ S 06 37’ 18" E 402.79’N 80 27’ 17" E 152.98’N 69 18’ 46" E 1 69.84’S 1 7 3 8’ 3 7" E(SPI RAL CHORD)139.90’N 09 32’ 42" W(SPIRAL CHORD) 12.39’ N 09 32’ 42" W CH. L. = 252.14’ CH. BRG. = S 25 25’ 35" E L = 252.72’ »¿˛ = 13´ 27 R = 1075.92’ NON-TANGENT CURVE (406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 1 1 COWDREY 057-02 NH TG TG 26 1 S.5 E. 40 N Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded as Minor Subdivision No. ___________ this ___________ day of _____________A.D., ______, _________ o’clock ____.M., in my office at: Montana, do hereby certify that the foregoing instrument was filed I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER A NATNOM ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 13601 LS GNAUCK THOMAS COWDREY 2-LOT MINOR SUBDIVISION 10-2-12 2 lots 5.006 acres Subdivision Area: RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA IN THE SOUTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, A SUBDIVISION OF TRACT 2A OF MINOR SUBDIVISION 358A LOCATED THIS SURVEY WAS PERFORMED FOR BUZ COWDREY THE PURPOSE OF THIS SURVEY IS TO CREATE A 2-LOT MINOR SUBDIVISION PRELIMINARY PLAT OF MINOR SUBDIVISION No. H F PROJECT AREA PER M.S. 358A 20’ UTILITY EASEMENT PER M.S. 358A 20’ UTILITY EASEMENT EXISTING WATER MAIN EXISTING SEWER MAINZONED B-2M.S. 358LOT 1ZONED B-2 2.503 ACRES LOT 2 ZONED B-2 2.503 ACRES LOT 1ZONED B-2M.S. 358ALOT 2BI NTE RS T ATE 9 0ZONED B-2C.O.S. 1827TRACT A1VALLEY CENTER ROAD130’ R/W PER DOC. No. 2275905 50’ ACCESS EASEMENT PER DOC. No.2202603 EASEMENT 20’ WATER LINE PER M.S. 358A ACCESS EASEMENT 12’ PEDESTRIAN PER M.S. 358A EASEMENT 20’ UTILITY PER DOC. No. M.S. 2044565 30’ WIDE SEWER EASEMENT PER FILM 180, PAGE 4157 FROM AS-BUILT SEWER EASEMENT LOCATION 30’ WIDE SEWER DOC. No. 2175409 PER M.S. 358A) EASEMENT (LOCATION 30’ WIDE ACCESS PER FILM 180, PAGE 4157 FROM AS-BUILT SEWER EASEMENT LOCATION 30’ WIDE SEWER P.O.B. MH WV Coniferous Tree Deciduous Tree Sign Transformer Phone Pedestal Power Meter Light Pole Manhole Sewer line Water Line Well Water Valve Fire Hydrant Set 2" Alpine Aluminum Cap Found Property Corner Fence Line Adjoining Property Line Easement Boundary Line Property Boundary Line W LP PHN PT PM STORM WATER EASEMENT NOTE PER MINOR SUBDIVISION No. 358: A 20’-WIDE STORM DRAINAGE EASEMENT, FOR THE PURPOSE OF TRANSMITTING STORM WATER RUNOFF TO THE DETENTION POND IN THE COMMON AREA, IS RESERVED ON LOT 2 FOR THE BENEFIT OF LOT 1, THE LOCATION OF WHICH IS SUBJECT TO THE MUTUAL CONSENT OF THE OWNERS OF LOTS 1 & 2. area designated on this plat as Utility Easement to have and to hold forever. maintenance, repair and removal of their lines and other facilities in, over, under and across each other similar utility or service, the right to the joint use of an easement for the construction, private, providing or offering to provide telephone, electric power, gas, internet, cable television or The undersigned hereby grants unto each and every person, firm or corporation, whether public or GRANT OF UTILITY EASEMENTS hereby dedicated to public use. obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands the City accepts no responsibility for maintaining the same. The owner agrees that the City has no avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, The above-described tract of land is to be known and designated as Cowdrey 2-Lot Minor Subdivision, SUBJECT to all easements of record or apparent from a visual inspection of the property. 5.006 acres, more or less. thence North 69 18’ 46" East a distance of 152.98 feet to the Point of Beginning containing of North 16 08’ 19" West and a chord length of 351.11 feet to a Gaston yellow plastic cap; having a radius of 1969.86 feet, a central angle of 10 13’ 33", a chord bearing thence north a distance of 351.57 feet along a non-tangential curve concave west a distance of 152.31 feet to an aluminum cap; thence along a spiral curve to the left with a chord of North 09 32’ 42" West, 152.29 feet thence North 08 49’ 25" West a distance of 121.29 feet to an aluminum cap; thence South 81 08’ 31" West a distance of 414.60 feet to a TD&H aluminum cap; thence South 06 37’ 18" East a distance of 39.50 feet to a Gaston yellow plastic cap; bearing of South 19 22’ 11" East and a chord length of 476.21 feet to an MDT aluminum cap; southwest having a radius of 1075.92 feet, a central angle of 25 34’ 17", a chord thence southeast a distance of 480.19 feet along a non-tangential curve concave thence North 59 31’ 08" East a distance of 57.70 feet to a Gaston yellow plastic cap; thence North 80 43’ 29" East a distance of 146.21 feet to a Gaston yellow plastic cap; thence South 17 38’ 37" East a distance of 169.84 feet to a Gaston yellow plastic cap; Beginning at the northeast corner of said Lot 2A a Gaston yellow plastic cap; Gallatin County, Montana being more particularly described as follows: Township 1 South, Range 5 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County Clerk and Recorder located in the Southeast One-quarter of Section 26 A tract of land being Lot 2A of Minor Subdivision No. 358A on record with the this plat hereunto included, the following described tract of land, to-wit: surveyed, subdivided and platted into lots, blocks, roads and alleys, as shown by We, the undersigned property owners, do hereby certify that we have caused to be CERTIFICATE OF DEDICATION My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ printed name ______________________________________________ signature ______________________________________________ Notarial Seal the day and year first written above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my me that such Corporation executed the same. of the Corporation executed the within instrument and acknowledged to ___________________ known to me to be the _________________ before me, a Notary Public in and for said state, personally appeared On this ______________day of ______________________, 2012, County of ________________________) s.s. State of _________________________) By:__________________________________________ Intermountain Developers, Inc. Buz Cowdrey ______________________________________ DATED this ___________ day of ______________________, __________. City of Bozeman, Montana Director of Public Service _____________________________________________________________ DATED this _____________ day of __________________, ____________. use of any and all lands shown on the plat as being dedicated to such use. and hereby accepts the dedication to the City of Bozeman for the public examined and has found the same to conform to the law, approves it, Montana, do hereby certify that the accompanying plat has been duly I, _______________________ Director of Public Service, City of Bozeman, CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE City of Bozeman, Montana Director of Public Service _________________________________________________________ DATED this _____________ day of __________________, ____________. from the requirement for Montana Department of Environmental Quality review. Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision is excluded and can be provided with adequate storm water drainage and adequate municipal facilities. of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, City of Bozeman, Montana, a first-class municipality, and within the planning area Cowdrey 2-Lot Minor Subdivision No. _________, Gallatin County, Montana, is within the DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ land to be surveyed have been paid. that all real property taxes and special assessments assessed and levied on the certify that the accompanying Minor Subdivision Plat has been duly examined and I, _____________________the Treasurer of Gallatin County, Montana do hereby CERTIFICATE OF COUNTY TREASURER the Gallatin County Subdivision Regulations. Subdivision and Platting Act, §76-3-101 through §76-3-625 M.C.A., and accompanying plat and as described, in accordance with the Montana or under my supervision, and the same was platted as shown on the the accompanying Minor Subdivision Plat was surveyed by me, do hereby certify that between August 4th, 2008 and September 21st, 2012 I, Thomas Gnauck, the undersigned Professional Land Surveyor, Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 2nd day of October, 2012. CERTIFICATE OF SURVEYOR NAVD 88 Int. Feet Basis of Elevations: August 4, 2008 MTSU CORS - NAD 83 Long. W 111 04’ 06.34933" Lat. N 45 42’ 55.90202" Geodetic North at: BASIS OF BEARING PRELIMINARY PLAT LEGEND VICINITY MAP SCALE 1" = 1000’ 158