HomeMy WebLinkAboutF8 Fowler Place Sub final plat
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Fowler Place Subdivision Final Plat
MEETING DATE: November 20, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 13 acres
into 49 residential lots, on property located south of Durston Road and west of Fowler Avenue. At the April 3,
2006 public hearing, the City Commission voted to approve the Fowler Place Subdivision Preliminary Plat with
thirty (30) subdivision conditions and subject to all applicable subdivision code provisions. The applicant has
applied for final plat approval and staff has concluded all terms and conditions of 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 the state subdivision law and regulations 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.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Chris Saunders, Assistant Planning Director, delineating how the conditions of preliminary
plat approval have been satisfied.
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Fowler Place Subdivision, and authorizes the Director of Public Service to execute the
same on behalf of the City of Bozeman.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated October 11, 2006.
CITY OF BOZEMAN
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
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
BRIT FONTENOT, CLERK OF COMMISSION
FROM: CHRIS SAUNDERS, ASSISTANT DIRECTOR
RE: FINAL PLAT REVIEW AND APPROVAL
FOWLER PLACE MAJOR SUBDIVISION
PLANNING FILE NO. P-06053
DATE: OCTOBER 11, 2006
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Greenwing Teal, L.L.C., has made application to the Planning Office for Final Plat review and
approval for Fowler Place, being a single-phased, residential subdivision located south of Durston Road
and west of Fowler Avenue.
On April 3, 2006, the City Commission granted preliminary plat approval to subdivide 13.225±
acres of agricultural land and create 49 single-household lots. Staff’s summary review addresses the
conditions of preliminary plat approval outlined in the Findings of Fact and Order.
The developer has applied for final plat review and approval of Fowler Place subdivision electing to
financially guarantee some of the required subdivision improvements for said phase. Based on the summary
review provided below, both the 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 approval
may be granted contingent on receiving the applicable financial guarantee.
Four (4) original mylars of the Final Plat, original Improvements Agreement, and original Notice
of Building Permit Restrictions, and a copy of the Title Report. Please have the Director of Public Service
sign the applicable certificates on the final plat and Notice of Building Permit Restriction, and return all of
the documents to the Planning Office once the City Commission has acted on the final plat application.
The Improvements Agreement will be recorded and filed with the final plat at the Clerk and Recorder’s
Office. Please note that a copy of the financial guarantee is not attached to the Improvements Agreement.
The applicant will provide this once your office has determined that the final plat may be scheduled before
the City Commission. The application is requested to be before the City Commission prior to
November 8, 2006.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using the
attached copy of the Title Report, approve the Certificates of Director of Public Service, Release of
Sanitary Restrictions, Certificate Accepting Cash-in-lieu of Park Land Requirements, and Certificate
of Completion "as to form". If you find this submittal acceptable, please place the final plat application on
the earliest scheduled Consent Agenda of the Bozeman City Commission, and advise staff accordingly in
coordination
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order for the applicant to provide the appropriate financial guarantee prior to the City Commission
acting on the matter.
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 and original “Notice of Building Permit Restrictions”. 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 for final plat review and approval on
Wednesday, October 11, 2006, the 45-day (working days) review period for this final plat will expire on
November 25, 2006. The conditions of preliminary plat approval, which are pertinent to this phase, and how
they have been met are provided in Part I of the final plat application. Staff has reviewed them and finds them
satisfied with some exceptions having to do with timing which will be addressed with the improvements
agreement. When the application is scheduled for City Commission the remaining items will be provided.
The outstanding items are:
1) Receipt of the financial guarantee for infrastructure not yet installed.
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Original Improvements Agreement
Original Notice of Building Permit Restrictions
Final plat application containing:
Copy of Title Report
Findings of Fact and Order
Copy of the Declaration of Protective Covenants
cc: Greenwing Teal, 924 Stoneridge Dr, Ste 1, Bozeman MT 59718
Engineering, Inc, 705 Osterman Dr., Ste F, Bozeman MT 59715
Planning File No. P-056053