HomeMy WebLinkAbout11-12-13 Block M.pdf1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Authorize the Director of Public Works to approve the Block M, Phase 1, Major
Subdivision Final Plat, Application P13032.
MEETING DATE: November 12, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Block M, Phase 1, Major Subdivision and authorize the Director of Public Works to execute the same on behalf of the City
of Bozeman upon review and approval by the City Attorney’s Office .
BACKGROUND: On June 10, 2013, the City Commission granted preliminary plat approval to
subdivide (replat) the ten existing lots and a portion of vacated Beall Street, containing approximately
1.01 acres, for the block bound by North Tracy and North Block Avenues and East Lamme and East Beall Streets, into twenty lots for townhome construction. The developer has applied for final plat
review and approval of the initial phase of the subdivision which contains the ten lots along East Lamme
Street. The developer has completed the required infrastructure for this 1st
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:
phase of the subdivision
which includes new sewer and water services, street, drainage and sidewalk improvements.
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, Assoiciate Planner, delineating how the conditions of
preliminary plat approval have been satisfied and recommending approval of the final plat application. Said recommendation is contingent on receiving approval by the City Attorney’s Office. Part of this final approval will be assurance that 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: The applicant has submitted the required fees for this action including payment of
cash-in-lieu of water rights, cash-in-lieu of land dedication for parkland and required final plat
application fees. City sewer and water connection fees and other applicable impact fees will be collected
for the new services when a building permit is issued for each of the residential lots.
Attachments: Staff’s Summary Review
Final Plat
Report compiled on October 25, 2013
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Development Review Division Policy and Planning Division Building Division
CITY OF BOZEMAN
DEPARTMENT OF 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: CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DOUG RILEY, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW AND APPROVAL FOR THE BLOCK M SUBDIVISION
– PHASE 1 - PLANNING FILE NO. P13032
DATE: OCTOBER 25, 2013 ------------------------------------------------------------------------------------------------------------------------------
Block M, LLC and TD & H Engineering, Inc., have made application to the City of Bozeman
Department of Community Development for Final Plat review and approval for the Block M Subdivision, Phase 1, a ten lot subdivision.
On June 10, 2013, the City Commission granted preliminary plat approval to subdivide (replat)
the ten (10) existing lots and a portion of vacated Beall Street, containing approximately 1.01 acres, for
the block bound by North Tracy and North Block Avenues and East Lamme and East Beall Streets, into
twenty (20) lots for townhome construction. 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 July 22, 2013.
The developer has applied for final plat review and approval of the initial phase of the
subdivision. There is no improvements agreement and financial guarantee for this final plat as the
developer has completed the required infrastructure for this 1st phase of the subdivision (sewer and water services, street and drainage and sidewalk improvements) as noted on the “Certificate of Completion of
Improvements”. Based on the summary review provided below, the Development Review Committee,
City Engineering’s Department and Department of Community Development have reviewed the
application against the conditions of preliminary plat approval; and as a result, find that the final plat
application may be approved by the City Commission.
Three (3) original mylars of the Final Plat, original Platting Certificate, copy of the property
owner association documents and a copy of the Findings of Fact and Order are attached for your review.
The property owner’s association documents and other applicable documents will be recorded and filed
with the final plat at the Clerk and Recorder’s Office.
The Community Development staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the Certificates of Director of
Public Works and Certificate of Completion "as to form". The applicant will then obtain the final
signatures on thy mylars (including obtaining the Certificate of County Treasurer that all taxes and
special assessments have been paid) prior to the Director of Public Works signing the mylars.
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A complete application was submitted to the Community Development Department on October
23, 2013 that met the application deadline of October 23, 2013. Based on the applicant having submitted a complete application on October 23, 2013 for final plat review and approval, and further finding that the application was deemed complete on October 23, 2013, the 45-day (working days)
review period for this final plat would expire on January 2, 2013. The conditions of preliminary plat
approval, which are pertinent to this major subdivision, and how they have been met, follow:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 certificates. The final plat
application shall include three (3) 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 BMC or State law.
All required documents to file the final plat have been provided. Attached please find three (3)
mylar final plats, original Platting Certificate, 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, exhibits and documents are included in the attached materials addressing the conditions of approval provided by the applicant.
3. Documentation of compliance with the parkland dedication requirements of Section 38.27.020
shall be provided with the final plat. As a B-3 zoned property, the applicant shall satisfy the cash donation in-lieu of land dedication requirements of Section 38.27.030. The final plat shall contain
a note or table showing the parkland requirements for the subdivision and that cash donation in-
lieu of land dedication was utilized to satisfy these requirements.
The applicant shall provide said cash donation in-lieu of land dedication for an equivalent of 0.24
acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre
per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing dwelling units
and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note: the
applicant has requested that, if possible, the required cash donation in-lieu of land dedication
provided for this project be earmarked by the City for improvements to nearby Beall Park).
The applicant has provided an appraisal from Keith O’Reilly, MAI, dated September 26, 2013, for the purposes of determining the cash donation in lieu of land dedication requirement in accordance with this condition. The applicant has provided a check in the amount of $8,344.32 to
satisfy this condition according to the appraised amount for the required 0.24 acres of parkland.
The required plat note and “Certificate Accepting Cash Donation In-Lieu of Land Dedication” have also been provided on the final plat.
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4. The final plat shall provide all necessary utility easements and shall be described, dimensioned and
shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed.
As the standard front yard (street) easements have not been provided, (all private utilities will be
provided in the rear yard/central driveway easement), the applicant has provided written
confirmation from Northwestern Energy, Charter Communications and Century Link that the standard front yard easements are not needed for this particular subdivision.
5. All lots proposed for development shall pay cash-in-lieu of water of rights. The developer may also
provide a transfer of the equivalent required water rights. Any water right proposed to be transferred
to City ownership should be submitted for review as early as possible so the value can be determined
without hindering the final plat process. The necessary water rights or cash-in-lieu for all residential lots must be provided at the time of development. Credit will be provided for any existing water service lines that currently serve the property.
The applicant paid $14,040 on 9-18-2013 for cash-in-lieu of water rights for this first phase of the
subdivision as part of the Final Site Plan approval (Z13072) for this project which satisfies this
condition.
6. Any existing water/sewer infrastructure that will not be utilized by this development will be properly
abandoned with direct coordination with the Water/Sewer Department, Engineering and GIS
Departments.
The applicant has completed this portion of the work for Phase 1 of the subdivision as part of the
infrastructure plan and approval process.
7. Service line locations shall be coordinated with the City Water/Sewer Department. All services shall
be adequately spaced and located at least 10 feet from any deep rooted trees and light poles.
The applicant has coordinated with Engineering and the Water/Sewer Departments and located
all services in approved locations.
8. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional
Engineer (PE) registered in the State of Montana shall be provided to and approved by the City
Engineer. Water and sewer plans shall also be approved by the Montana Department of
Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record
Drawings. Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted.
All public infrastructure plans, specification and record drawings have been submitted by the
applicant’s engineer per City of Bozeman standards.
9. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Signalization or other traffic control improvements of the intersection of North Black Avenue
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and West Mendenhall Street.
b. Signalization or other traffic control improvements of the intersection of North Tracy Avenue and West Mendenhall Street.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
The applicant has provided the signed original of the required SID for these improvements which
will be recorded at the County Clerk and Recorders Office with the final plat documents.
10. Addressing for the proposed development shall be coordinated with the City Engineering Department.
The City Engineering Office (Bill Stetzner) has approved the addressing plan for this development.
Note: The Community Development Department and Engineering Departments have also reviewed
the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat.
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SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.20