HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-02-12 18-00_36-40_Approve Old Chicago Minor Subdivision Final Plat, #P-06054
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Old Chicago Minor Subdivision, Final Plat
MEETING DATE: February 12, 2007
BACKGROUND: This is a request for approval of a two lot Minor Subdivision Final Plat to create two new lots
within Stoneridge Planned Unit Development. At the December 4, 2006 public hearing, the City Commission
voted to approve the Old Chicago Minor Subdivision Preliminary Plat with five (5) 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 Martin Knight, Associate 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 Old Chicago 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 25, 2007.
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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
TO: Tim Cooper, Staff Attorney
FROM: Martin Knight, Planner I
DATE: January 25, 2007
RE: Old Chicago Minor Subdivision Final Plat, #P-06054
Attached, please find four (4) signed mylars, the Original Platting Certificate, and one paper copy of the
Final Plat. On December 4, 2006, the City Commission granted preliminary plat approval for the above
referenced project. The Findings of Fact and Order were formally approved by the City Commission on
January 8, 2007. Engineering Assistant Andy Kerr has checked for closure. Based on the review of the
conditions of preliminary plat approval, Staff finds that all conditions of approval have been met. Please
refer to the following conditions and explanation of how they have been met:
Conditions of Approval:
1. When two lots are created, each lot will be expected to provide adequate landscaping to comply with the
landscape performance standards contained in Section 18.48.060 of the UDO. A revised landscaping plan
illustrating how the performance standards will be satisfied must be submitted with the final plat application.
Any additional landscaping that is required shall be installed or financially guaranteed prior to final plat
approval.
The landscaping plan depicts landscaping to fulfill the City of Bozeman requirements.
2. The perpetual reciprocal easement for access, driveways, parking, snow storage, drainage, etc. must be
executed prior to final plat approval.
This easement has been executed.
3. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon the
final plat.
All easements are shown.
4. Existing water and sewer service lines shall be accurately depicted upon the final plat.
Upon further review, the City of Bozeman Planning and Engineering Departments have
determined it to be unnecessary for these services to be shown.
5. 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 final plat meets the standards set forth.
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Please prepare a City Attorney’s Certificate using the attached Platting Certificate and approve the
Certificates as to form. If you find this submittal acceptable, please place it as an item on the next available
City Commission Agenda. The application was submitted deemed complete on January 3, 2007; therefore,
the 45-working-day review period ends on Monday, March 5, 2007. Please call me if you need additional
information or have questions regarding any of the documentation. Thank you.
Attachments: Four (4) signed Mylars of Final Plat
Final Plat Notebook with Original Platting Certificate
One Paper Copy of Final Plat
CC: Sue Stodola, Project Engineer
Dustin Workman, Hyalite Engineers, 2066 Stadium Drive, Bozeman, MT 59715
Brit Fontenot, Clerk of Commission (with paper copy of plat)
Debbie Arkell, Director of Public Service (with paper copy of plat)
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5 2 2 - 9 2 2 5W E B : w w w . h y a l i t e e n g . c o mPROJECT SURVEYOR:DRAWN BY:REVIEWED BY:DATE:PROJECT NO.Sec.T.R. 1/4SHEET OF Scale 1" = ’Sec.T.R. 1/41970 Stadium Drive,Suite BBozeman, MT 59715586.5599 Office586.4490 Fax 2 11CERTIFICATE OF CLERK AND RECORDERI, Clerk and Recorder of Gallatin County, Montana, hereby certify that the foregoing instrument was filed in my office at _________ o’clock ____.M. this _______ day of ___________A.D., ______, and recorded as Minor Subdivision No_________ records of the Clerk and Recorder, Gallatin County, Montana.Document Number _________________________________________________________Clerk and Recorder of Gallatin CountyCERTIFICATE OF COUNTY TREASURERI, Treasurer of Gallatin County, Montana do hereby certify that the accompanying Minor Subdivision Plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to be surveyed have been paid.Dated this______ day of ___________, ___________________________________________________Treasurer of Gallatin CountySTONERIDGE PLANNED UNIT DEVELOPMENTTHIS SURVEY WAS PERFORMED FOR HYALITE ENGINEERINGTHE PURPOSE OF THIS SURVEY IS TO CREATE A 2-LOT MINOR SUBDIVISIONLegendNEWSSUBJECTTRACT VICINTY MAPSCALE 1" = 4000’OLD CHICAGO001-1212-8-06TGTGNH2 S.5 E.40TR
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CEXISTING 10’ MUTUAL ACCESS EASEMENTPER DOC. No. 2147261EXISTING 35’ UTILITY EASEMENT PER DOC. No. 2144533EXISTING 12’ PUBLICUTILITY EASEMENTEXISTING 50’ PUBLICGREENWAY/COMMON OPEN SPACE EASEMENTLO
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’120’EXISTING 30’ UTILITY EASEMENT PER MINOR SUB. 272 & MUTUAL ACCESS EASEMENT PER DOC. No. 21472611’ NO-ACCESS STRIP PER MINOR SUB. 272B 1’ NO-ACCESS STRIP PER MINOR SUB. 272B EXISTING 50’ PUBLICGREENWAY/COMMON OPEN SPACE EASEMENTEXISTING 10’ MUTUAL ACCESS EASEMENTPER DOC. No. 2147261EXISTING 35’ UTILITY EASEMENT PER DOC. No. 2144533FINAL AMENDED PLAT OFA SUBDIVISION OF LOT 55A OF MINOR SUBDIVISION No. 272BLOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M. CITY OF BOZEMAN,GALLATIN COUNTY, MONTANA60’BASIS OF BEARINGGeodetic North atAutonomous GPS PositionLat N 45 41’ 55.33282"Long. W 111 03’ 43.75339"COMME
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LOT 55A-11.968 acresLOT 55A-21.431 acresMINOR SUBDIVISION No. 272CP.O.B.CERTIFICATE OF DIRECTOR OF PUBLIC SERVICEI, Director of Public Service for the City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use.DATED this _____________ day of __________________, ____________._____________________________________________________________Director of Public Service City of Bozeman, Montana2’ WITNESS CORNERCERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWThe Stoneridge Planned Unit Development, Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and withinthe planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and will be provided with adequate storm water drainage and adequate municipal facilities. Therefore, under the provisions of Section 76-4-125(2)(d) MCA, this subdivision is excluded from the requirement for Montana Department of Environmental Quality review.DATED this _____________ day of __________________, ____________._________________________________________________________Director of Public Service City of Bozeman, MontanaCERTIFICATE OF DEDICATIONWe, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, the following described tract of land, to-wit:Lot 55A of the Amended Plat of Stoneridge P.U.D. Minor Subdivision 272B on record with the Gallatin County Clerk and Recorder located in the Northeast One-Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M.), City of Bozeman, Gallatin County, Montana being more particularly described as follows:BEGINNING at the most westerly corner of said Lot 55A, a found Morrison & Maierle green plastic cap;thence North 56 23’ 16" East a distance of 9.99 feet to a 5/8" bent rebar;thence northeast a distance of 237.42 feet along a non-tangential curve concave northwest having a radius of 290.89 feet, a central angle of 46 45’ 49", a chord bearing of North 33 15’ 33" East and a chord length of 230.88 feet to a Morrison & Maierle yellow plastic cap;thence South 87 03’ 30" East a distance of 72.79 feet to a Morrison & Maierle green plastic cap;thence South 10 37’ 35" West a distance of 108.86 feet to a Morrison & Maierle green plastic cap;thence South 31 18’ 38" East a distance of 79.90 feet to a Morrison & Maierle green plastic cap;thence South 87 02’ 02" East a distance of 99.46 feet to a Morrison & Maierle green plastic cap;thence South 02 57’ 32" West a distance of 32.51 feet to a Morrison & Maierle green plastic cap;thence South 87 01’ 35" East a distance of 63.92 feet to a Morrison & Maierle green plastic cap;thence South 02 59’ 19" West a distance of 591.56 feet to a Morrison & Maierle green plastic cap;thence North 88 55’ 53" West a distance of 61.46 feet to a Morrison & Maierle green plastic cap;thence north a distance of 468.20 feet along a non-tangential curve concave west having a radius of 1697.02 feet, a central angle of 15 48’ 28", a chord bearing of North 22 54’ 56" West and a chord length of 466.72 feet to a Morrison & Maierle yellow plastic cap;thence northwest a distance of 152.78 feet along a non-tangential curve concave southwest having a radius of 4309.79 feet, a central angle of 02 01’ 52", a chord bearing of North 32 31’ 14" West and a chord length of 152.77 feet to a Morrison & Maierle green plastic cap;thence North 33 23’ 12" West a distance of 62.56 feet to the Point of Beginning, containing 3.399 acres, more or less.SUBJECT to all easements of record or apparent from a visual inspection of the property.The above described tract of land is to be known and designated as Minor Subdivision No. 272C, City of Bozeman, Montana; and the lands included in all streets and access and utility easements shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment.GRANT OF EASEMENTSThe undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric, power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over under, and across each area designated on this plat as "Utility Easement" to have and to hold forever._________________________________________________________Donald E. Cape, Jr.Managing Member Garden Center Inn, LLC.State of _________________________) s.s.County of ________________________) On this ______________day of _____________________________, 2006, before me, a Notary Public in and for said state, personally appeared Donald E. Cape, Jr., Managing Member, Garden Inn Center, LLC known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.______________________________________________Signature ______________________________________________Printed NameNotary Public for the State of ________________________Residing at _____________________________________My commission expires ___________________________ CERTIFICATE OF SURVEYORI, Thomas Gnauck, the undersigned Professional Land Surveyor, do hereby certify that between October 26th, 2006 and December 5th, 2006 the accompanying Subdivision Plat was surveyed by me, or under my supervision, and the same was platted as shown on the accompanying plat and as described, in accordance with the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3-625 M.C.A., and the Bozeman Area Subdivision Regulations. Dated this 8th day of December, 2006. ____________________________________________________Thomas Gnauck, PLSMontana Registration No. 13,601 L.S.NORTH 19TH aVENUEBoundary Line This SurveyRight-of-Way/Easement LineAdjoining Property Line 1’ No-Access StripFound Property Corner (As Noted In Legal Description) Set 2" Alpine Surveying, Inc. Aluminum Cap Calcluated Position LO
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