HomeMy WebLinkAbout05-14-07_Approve Baxter Apartments Phase 1 Minor Subdivisio_4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Baxter Apartments Phase 1 Minor Subdivision Final Plat
MEETING DATE: May 14, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Baxter Apartments Minor Subdivision, and authorizes the Director of Public Service to
execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to create a one lot minor subdivision
for the development of apartments. The property is generally located on the southeast corner of Baxter Lane and
North 27th Avenue. At its November 20, 2006, public hearing, the Bozeman City Commission voted to
conditionally approve the Baxter Apartments Minor Subdivision Preliminary Plat. The applicant 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.
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, Staff Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated May 1, 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
From: Jami Morris, Contract Planner
jamimorris@bresnan.net or 570-6209
Date: May 1, 2007
Subject: Baxter Apartments MiSub Final Plat #P-07009
Fairview Investments, LLC, has made application to the Planning Office for Final Plat review and
approval for Baxter Apartments Minor Subdivision Phase I, being one lot of a five lot, residential
subdivision located on the southeast corner of the Baxter Lane and North 27th Avenue intersection.
On November 20, 2006, the City Commission granted preliminary plat approval to subdivide 20.118
acres into 5 residential 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 Baxter Apartments Minor
Subdivision, electing to financially guarantee the required subdivision lights. 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.
Attached for your review: four (4) original mylars of the Final Plat, signed Affidavit Concerning
Remainder Tracts, original Platting Certificate, signed Improvements Agreement, signed Covenants and
draft Notice of Building Permit Restrictions. 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.
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.
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The application was submitted on February 27, 2007. The final plat application was deemed
complete on April 30, 2007. The maximum 45 working day review period will expire on June 29, 2007. On
behalf of the Planning Office I would request that the plat be scheduled before the City Commission for
approval on Monday, May 21, 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:
• Submittal of a subdivision lighting plan.
• Narrative explanation addressing affordable housing.
• Proof of executed waivers for park maintenance.
• Memorandum of Understanding with the Weed Control District.
• A final copy of covenants submitted with Phase I.
• Stormwater master plan.
• Plans and specifications for water and sewer main extensions, storm sewer and
public streets.
• Infrastructure improvements including water and sewer main extensions and
services, street infrastructure including curb, gutter and asphalt and storm drainage
infrastructure.
• Easements for water and sewer main extensions.
• Submittal of the final plat within one year of preliminary approval.
• Submittal of an improvements agreement for improvements to be financially
guaranteed.
• Submittal of a written narrative addressing the conditions of approval.
2. The following note shall be included on the final plat: “Due to high ground water conditions full or
partial basements are not recommended. Depth of crawl space foundations must be minimized to
the extent possible to limit water-related problems. Buildings proposed for basements shall include
Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit.”
The note has been included on the plat as required.
3. The remainder affidavit must be finalized, signed, notarized and filed with the final plat for Phase I.
The signed remainder affidavit has been included with final plat application.
4. The installation of a trail within the watercourse and trail easement shall be completed with the next
phase. The applicant shall meet with the Subdivision Review Committee of the Recreation and
Parks Advisory Board and the City Parks Department to determine the appropriate type, width,
construction, specifications and location for the trail. The trail must be installed or financially
guaranteed prior to final plat approval for the next phase.
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This condition is not required with the platting of phase 1 but must be completed prior to
submitting a final plat for phase 2.
5. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be
provided with final plat approval, final site plan approval or the issuance of any building permits,
whichever occurs first, for the remainder of the parcel except for Lot 1.
Cash in lieu of water rights is required with future phases of the minor subdivision or prior
to the issuance of site plan approval or any building permits.
6. North 25th Avenue shall be constructed from Baxter Lane to Trade Wind Lane to a full city standard
with Phase I unless the variance is granted by the City Commission. If the variance is granted, that
portion of 25th shall be constructed with the next phase along with the other infrastructure
improvements required for the next phase.
The portion of North 25th Avenue from Baxter Lane to Trade Wind Lane has been
constructed, inspected and accepted.
7. Water and sewer main extensions will be required to provide service to the lots of Phase 2 through
5.
This condition will be addressed with the future platting of Lots 2 through 5.
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
Affidavit Concerning Remainder Tracts
Draft Notice of Building Permit Restrictions
Covenants
Copy of the applicant’s submittal
cc: Engineering Inc., 705 Osterman Drive, Bozeman, MT 59715
Fairview Investments, LLC, 1725 DeSales Street NW, Suite 900, Washington, D.C. 20036
Farmhouse Partners, 2555 West College Street, Suite B, Bozeman, MT 59718
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