HomeMy WebLinkAboutAuthorize approval of Amended Plat of Lots 3 & 4, Block 3 Loyal Garden Major Subdivision Final Plat1
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 Amended Plat of Lots 3 &
4, Block 3, Loyal Garden Major Subdivision Final Plat, Application P13038.
MEETING DATE: December 19, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden 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 October 7, 2013, the City Commission granted preliminary plat approval to
subdivide 1.1735 ± acres together with the required supplementary plans and information to replat two (2) existing lots into six (6) single-household residential lots and remove a Restricted Size Lot
Restrictions (RSL). The developer has applied for final plat review and approval of the subdivision.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met. No
improvement agreement is required. 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 Tom Rogers, Associate Planner, detailing 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
82
2
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. Cash-in-lieu of water rights, land dedication for parkland was provided with the platting of the original Loyal Garden subdivision. 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 December 10, 2013
83
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: TIM COOPER, CITY ATTORNEY’S OFFICE
FROM: TOM ROGERS, AICP
SUBJECT:
FINALSUBDIVISION PLAT REVIEW AMENDED PLAT OF LOTS 3
AND 4, BLOCK 3, LOYAL GARDEN MAJOR SUBDIVISION,
PLANNING FILE NO. P13038
DATE: DECEMBER 6, 2013
C&H Engineering & Surveying, Inc., on behalf of Covenant Investments, Inc. (Applicant), have made
application to the City of Bozeman Department of Community Development for Final Plat review and
approval for the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Subdivision, a 6 lot
subdivision.
On October 7, 2013, the City Commission grated preliminary plat approval to replat two existing lots
and subdivide 1.1735 ± acres to create six (6) single-household residential lots and remove a Restricted
Size Lot Restrictions (RSL). Attached is a copy of the signed Findings of Fact and Order dated April
25, 2011. No Improvement Agreements are required for this subdivision. All necessary infrastructure
improvements are constructed.
Based on the summary review provided below the Development Review Committee, the 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.
A complete application was submitted to the Community Development Department on November 15,
2013. Based on the applicant having submitted a complete application on November 22, 2013 for final plat review and approval, and further finding that the application was deemed complete on November
84
Page 2
22, 2013, the 45-day (working days) review period for this final plat would expire on January 31,
2014.
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.
Response: 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. The City Engineer’s Office verified closure on the final
plat on October 7, 2013.
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.
Response: A written narrative, exhibits and documents are included in the attached materials addressing the conditions of approval provided by the applicant. Please see attached see applicant written narrative.
3. The Restricted Size Lots (RSL) notation on Lot 3, Block3, Loyal Garden Phase 1A shall terminate upon final plat approval of the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Subdivision,
Phase 1A.
Response: This intended with the approval of the final plat.
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.
Response: Utility easements are as shown on the Loyal Gardens Subdivision, Phase 1A and all
utilities have been installed at the front and rear of each lot. No side yard easements are
required and were not shown on the lots in the original lots.
5. All water and sewer service lines shall be located in the standard location as approved by the
water/sewer superintendent.
Response: All required water and sewer services have been installed and/or terminated and are
in the standard locations.
6. Street cut permits shall be obtained for all work performed for the water and sewer service line taps.
85
Page 3
Response: The required street cut permits were obtained and the work completed.
7. Golden Gate Avenue shall be returned to an acceptable condition once the water and sewer service line taps have been completed.
Response: The street cuts that were made have been re-paved and Golden gate Avenue has been returned to an acceptable condition.
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.
Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal
Original Platting Certificate Copy of Findings of Fact and Order
cc: Mr. Matt Hausauer, E.I., C&H Engineering & Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Mr. Dewin Madill, Covenant Investments, Inc., P.O. Box 11428, Bozeman, MT 59771
86
87