HomeMy WebLinkAboutFinal Plat for Cowdrey Minor Subdivision_Part71
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Chris Saunders, Assistant Planning Director
SUBJECT: Final Plat for the Cowdrey Minor Subdivision - #P-12015
MEETING DATE: December 17, 2012 AGENDA ITEM TYPE: Consent Agenda (Quasi-Judicial)
RECOMMENDATION: That the City Commission approve the Final Plat for the Cowdrey Minor
Subdivision to subdivide 5.003 acres and authorize the Director of Public Service to execute the same on behalf of the City of Bozeman.
RECOMMENDED MOTION: “Having considered all of the information presented and a public
hearing having previously been held on November 19, 2012, I hereby approve the final plat
application for the Cowdrey Minor Subdivision and authorize the Director of Public Service to execute the same on behalf of the City of Bozeman.”
BACKGROUND: On November 19, 2012, the Bozeman City Commission conditionally approved this
Minor Subdivision from a Tract of Record to divide approximately 5.003 acres into two lots for B-2
(Community Business District) development on property located along the north side of East Valley Center Road approximately one mile west of the Interstate 90, North 19th Avenue 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.
Commission Memorandum
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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 proposed with the future development. Payment of the calculated
cash-in-lieu of water rights has been made for this 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 December 5, 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 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
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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
COWDREY TWO-LOT MINOR SUBDIVISION
PLANNING FILE NO. P-12015 DATE: DECEMBER 5, 2012
------------------------------------------------------------------------------------------------------------------------------
Madison Engineering, on behalf of Marvin R. “Buzz” Cowdrey and Intermountain Developers, Inc., has made application to the Planning Department for Final Plat review and approval
for the Cowdrey Two Lot Minor Subdivision, being a two-lot commercial subdivision located on the
north side of East Valley Center Road approximately one mile west of the Interstate 90, North 19th
Avenue interchange.
On November 19, 2012, the City Commission granted preliminary plat approval to subdivide
5.003± acres and create two commercial lots with eight site specific 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 draft the Findings of Fact and Order scheduled to be approved by the City Commission on December 10, 2012.
The developer has applied for final plat review and approval of the Cowdrey Two Lot Minor
Subdivision electing to financially guarantee the required construction of an 8’ wide asphalt pathway
along its East Valley Center Road frontage. 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 and Financial Guarantee are attached. The applicant has executed the original Improvements
Agreement and faxed copy provided the Planning Office. As soon as the original Agreement is received
by the Planning Department the City Engineer’s Office will approve said document and you will be
notified so it may be filed with the final plat. There will not be a “No Build” restriction necessary with
the recording of this final plat.
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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, Certificate of Exclusion from Montana DEQ Review, and Certificate of Governing Body "as to form". This final plat application is currently scheduled for the December 17, 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. Once the Director’s signature’s are notarized all of the documents must be
returned to the Planning Department for filing with the final plat and/or filed in our office.
Based on the applicant having submitted a complete application on November 26, 2012 for final
plat review and approval, and further finding that the application was deemed complete on Wednesday,
December 5, 2013, the 45-day (working days) review period for this final plat would expire on
January 29, 2013. 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.
a. The Certificate of Director of Public Service and Certificate of Exclusion From Montana
Department of Environmental Quality review will need to be amended to identify the new Director of
Public Service, Craig Woolard.
b. The Certificate of Completion of Improvements will still need to be included on the final plat to
verify completion of the said subdivision improvements.
All required documents necessary to file the final plat have been provided. Attached please find four (4) mylar final plats, original Platting Certificate, Improvements 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 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.
Said written narrative is attached for your review.
3. 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 City Engineer’s Office and Planning Office have reviewed the application against the Bozeman
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Municipal Code (BMC) and the conditions of preliminary plat approval. The City Engineer’s Office
determined on December 5, 2012 that said applicable conditions of approval were met and Andy Kerr verified that closure of the final plat was acceptable on December 6, 2012.
4. Because this is a commercial subdivision no dedicated park land or affordable housing
requirements apply to this proposal unless a residential component is anticipated with future
development of the two lots.
Applicant acknowledges that this condition is not applicable with the filing of the final plat.
5. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due prior to
submitting a final plat application for the minor subdivision, unless said water rights have already been
addressed with Minor Subdivision No. 358A.
City Engineer’s Office confirmed that payment of cash in-lieu of water rights for this plat has been
addressed.
6. Section 38.23.060.B, BMC “Private Utility Easements” – If a utility easement is greater than the building setback required by the U.D.O. (sanitary sewer easement) a note to that effect shall be placed
on the final plat and/or final site plan. Utility easements must be clearly shown on the preliminary plan
and the preliminary plat application will need to provide written comment from all utility companies that
the development can be adequately served with said easements proposed.
Said notation is provided on the final plat.
7. A pedestrian pathway shall be constructed, or financially guaranteed along with an improvements
agreement, across the entire frontage of East Valley Center Drive and be contained within a pedestrian
access easement prior to the final plat approval. The pathway shall be constructed to the same standard
that exists on the neighboring lot to the south.
Said pedestrian pathway is part of an Improvements Agreement and financial guarantee to be completed when necessary.
8. The applicant is notified that construction of water/sewer services for the new parcels will be
deferred until the time of site development.
The applicant’s written narrative acknowledges this condition.
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 Copy of Financial Guarantee
Copy of Findings of Fact and Order
cc: Craig Woolard, Director of Public Service (with copy of plat and memo from Andy Kerr)
Stacy Ulmen, Clerk of Commission (with copy of plat)
Intermountain Developers, Inc., 32300 East Frontage Road, Bozeman, MT 59715
Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59715 Planning File No. P-12015
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PM
146.21’N 80 43’ 29" E
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
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
16
9.
8
4’S 17
38
’ 37
" 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
57.70’N 59 31’ 08" E
(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
11-9-12
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
PROJECT AREA
FINAL PLAT OF MINOR SUBDIVISION No.
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
Craig Woolard
_____________________________________________________________
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, Craig Woolard, Director of Public Service, City of Bozeman,
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
City of Bozeman, Montana
Director of Public Service
Craig Woolard
_________________________________________________________
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
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 2BINTERSTATE
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.
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 9th day of November, 2012.
CERTIFICATE OF SURVEYOR
Set 2" Alpine Aluminum Cap
Found Property Corner
Sewer line
Water Line
Adjoining Property Line
Easement Boundary Line
Property Boundary Line
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
easement shown hereon.
Drive shall be constructed and be contained within a pedestrian access
A pedestrian pathway, across the entire frontage of East Valley Center
Director of Public Service
Craig Woolard
______/______/2012______________________________________
Registration No. 10825 PE
Chris Budeski, PE
______/______/2012______________________________________
Buz Cowdrey, Subdivider
______/______/2012______________________________________
infrastructure improvements, subject to the above indicated warranty.
the City of Bozeman, and the City hereby accepts possession of all public
The subdivider grants possession of all public infrastructure improvements to
for a period of two years from the date of acceptance by the City of Bozeman.
The subdivider hereby will warrant against defects in these improvements
1.
Financially Guaranteed Improvements:
accompanying this plat.
or are financially guaranteed and covered by the improvements agreement
have been installed in conformance with the approved plans and specifications,
of this title or as a condition(s) of approval of Cowdrey 2-Lot Minor Subdivision,
certify that the following improvements, required to meet the requirements
professional engineer licensed to practice in the State of Montana, hereby
I, Buz Cowdrey, Subdivider, and I, Chris Budeski, a registered
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
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.
SANITARY SEWER EASEMENT NOTE
A 30’-WIDE SANITARY SEWER EASEMENT (SHOWN HEREON) EXCEEDS
THE BUILDING SETBACK REQUIRED BY THE BOZEMAN UNIFIED
DEVELOPMENT ORDINANCE.
forever.
under and across each area designated on this plat as Utility Easement to have and to hold
the construction, maintenance, repair and removal of their lines and other facilities in, over,
cable television or other similar utility or service, the right to the joint use of an easement for
public or private, providing or offering to provide telephone, electric power, gas, internet,
The undersigned hereby grants unto each and every person, firm or corporation, whether
GRANT OF UTILITY EASEMENTS
avenues, alleys, and parks or public lands hereby dedicated to public use.
The owner agrees that the City has no obligation to maintain the lands included in all streets,
are accepted for public use, but the City accepts no responsibility for maintaining the same.
lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public
to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the
avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated
Subdivision, City of Bozeman, Gallatin County, Montana; and the lands included in all streets,
The above-described tract of land is to be known and designated as Cowdrey 2-Lot Minor
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
LEGEND
VICINITY MAP SCALE 1" = 1000’
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