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HomeMy WebLinkAboutAgendaPacket 2-05-07_344-349_Approve Wierda Minor Subdivision Final Plat and authorize the Director of Public Service to execute the same on behalf of the City of Bozeman Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: Wierda Minor Subdivision, Final Plat MEETING DATE: February 5, 2007 BACKGROUND: This is a request for approval of a Subdivision Final Plat to divide a single lot into two new lots within Cattail Creek subdivision. At the October 16, 2006 public hearing, the City Commission voted to approve the Wierda Minor Subdivision Preliminary Plat with seven (7) 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 Jami Morris, Contract Planner, 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 Wierda Minor 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. 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 January 11, 2007. 347 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 To: Tim Cooper From: Jami Morris, Land Use Planning Consultant jamimorris@bresnan.net or 570-6209 Date: January 11, 2007 Subject: Wierda MiSub Final Plat #P-06069 Evert and Jamee Wierda, has made application to the Planning Office for Final Plat review and approval for Wierda Minor Subdivision, being a two lot, residential subdivision located between Davis Lane and Fen Way west of the Downy Lane intersection and within the Cattail Creek Subdivision. On October 16, 2006, the City Commission granted preliminary plat approval to subdivide 0.708 acres into 2 multi-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 Wierda Minor Subdivision, electing to financially guarantee the required subdivision improvements. 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, signed Improvements Agreement, and draft Notice of Building Permit Restrictions, and original Platting Certificate. Please have the Director of Public Service sign the applicable certificates on the final plat, 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 attached to the Improvements Agreement. 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, Release of Sanitary Restrictions, 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. 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. 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. 348 Page 2 The application was submitted on December 28, 2006 and assigned to me on December 29, 2006. The final plat application was deemed complete on January 11, 2007. The maximum 45 working day review period will expire on March 6, 2007. On behalf of the Planning Office I would request that the plat be scheduled before the City Commission for approval on Monday, January 29, 2007. The final plat application complies with all of the code provisions identified in the Findings of Fact and Order. The conditions of preliminary plat approval, which are applicable to this phase, and how they have been met, follow: 1. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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 subdivision complies with the standards identified and referenced in the Unified Development Ordinance including: • Documented proof of a Memorandum of Understanding entered into with the Weed Control District applicable to the subdivided property. • Copy of the Declaration of Covenants for Cattail Creek guaranteeing the inclusion of the newly created lots in the existing Home Owners Association. • Acknowledgment that adjacent sidewalks will be installed within 3 years of final plat approval if not already installed. • The City Engineer’s Office has been notified of the changes to the lots and addressing will be provided with an approved site plan and building permit. • Agreement from the applicant that a construction map will be provided with a final site plan application. • Agreement from the applicant that all construction activity will comply with Section 18.74.020.A.2 regarding the protection of existing infrastructure improvements. • The application included the standard number of paper and mylar copies. • The application was submitted on December 28, 2006. The preliminary plat approval expires on October 16, 2007. • The applicant has requested the financial guarantee of the subdivision improvements. A signed and notarized Improvements Agreement, exhibit and financial guarantee were submitted with the final plat application. • A written narrative was submitted with the final plat application pursuant to Section 18.06.060. 2. New water and sewer services must be provided to Lot 4B or financially guaranteed prior to final plat approval. Service locations must be approved by the Water/Sewer Superintendent and a street cut permit obtained prior to construction. Building permits will not be issued for developments on either lot until the new service lines have been installed and accepted. The property owner has provided a financial guarantee in the amount of $5,250 which includes the estimated costs for the installation of the new water and sewer services for Lot 4B. The applicant has agreed to submit a plan for the new service lines with any site plan application or building permit. A Notice of Building Permit Restrictions will be filed with the final plat specifying that a building permit will not be issued until such time the improvements have been installed and accepted. 349 Page 3 3. A utility easement shall be provided along the common lot line for the existing water service line. A new 24 foot wide public access and utility easement has been noted on the final plat for the existing water service line and for a shared ingress/egress for Lots 4A and 4B. 4. A property access deviation must be accepted prior to final plat approval if access requirements of Section 18.44.090, UDO are not satisfied. The access deviation shall be provided in accordance with Section 18.44.090.H, UDO and approved by the City Engineer. The City Engineers Office approved the access separation deviation on October 6, 2006. 5. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon the preliminary plat. All existing and proposed easements have been depicted on the final plat. 6. Existing and proposed water and sewer service lines shall be accurately depicted upon the preliminary plat. Generally, water and sewer mains and services are not depicted on the face of a final plat. No additional information regarding the proposed location of the new services has been submitted. The 2 lot minor subdivision did not require any changes to the location or size of the existing water and sewer mains. The applicant will seek approval of the location and size of the proposed water and sewer service lines with a site plan application and/or a building permit as stated in condition #2. The Engineering Office has determined that the applicant has adequately met this condition. A financial guarantee for these improvements has been submitted with the final plat application. 7. The 1-foot no access strip shown on the final plat of Cattail Creek Subdivision, Phases 2A and 2B must be shown on the final plat. A 1-foot no access strip for Davis Lane has been depicted on the final plat. JM/jm Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy Signed Improvements Agreement with Estimate Copy of Letter of Credit Original Platting Certificate Draft Notice of Building Permit Restrictions Copy of the applicant’s submittal cc: Evert and Jamee Wierda, 13707 Camp Creek Road, MT 59741 C & H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718 Clerk of Commission with digital copy of plat Debbie Arkell, Director of Public Service with copy of plat 350 351