HomeMy WebLinkAbout10-15-07_Authorize Director of Public Service to sign 2_15MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: October 3, 2007
RE: Annie 3C Subdivision Final Plat (#P-07042)
Attached please find the final plat submittal for the Annie 3C Minor Subdivision. Attached you
will find the Original Platting Certificate, four (4) signed mylars, one paper copy and the full
final plat submittal information. Bob Murray has reviewed the plat and Andy Kerr checked the
plat for closure. Please review for completion, and advise me of your findings.
Please prepare a City Attorney’s Certificate using the attached ORIGINAL copy of the Platting
Certificate and approve the Certificates of Director of Public Service and Certificate of
Exclusion from MDEQ Review “as to form”. If you find this submittal acceptable, please place it
as an item on the next available City Commission Agenda.
Annie 3C Subdivision is generally located northeast of the intersection of North 25th Street and
Durston Road. The Annie 3C Subdivision was approved by the Commission on March 6, 2006,
subject to the following conditions and code provisions.
Conditions:
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. Complied with.
2. Unless the applicant can show that water rights or cash-in-lieu thereof was provided with
annexation, water rights or cash-in-lieu thereof, as calculated by the Director of Public
Service, is due with the final plat. Complied with.
3. There is a history of flooding on these lots from the culvert that crosses Durston Road near
25th. Measures shall be taken to route stormwater around the proposed lots prior to issuance
of a building permit unless the problem is already corrected with the construction of Durston.
Complied with.
4. No building permits shall be issued until the construction contract for the Durston Road SID
project has been let. Complied with.
5. The previously approved infrastructure plans for this phase shall be resubmitted for review
and approval. Complied with.
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6. A no access strip shall be shown on the final plat along the Durston frontage of lot 4, and
along the entire 25th Street frontage of the subdivision. Complied with.
7. The subject property is located within the Far West SID #621 sewer and the HRDC water
payback districts. Paybacks shall be made prior to filing the final plat. Complied with.
Code Provision:
a. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered
into with the Weed Control District prior to submitting the final plat. A copy of the MOU
shall be submitted with the final plat application. Complied with.
b. Pursuant to Section 18.42.150, subdivision lighting shall be provided. With the final plat,
provide documentation regarding how the new street light will be operated and maintained, if
not through the creation of a SILD or annexation to an existing SILD. Resolution No. 4036,
Intent to Create SILD #700 was approved by the City Commission on June 25, 2007.
c. A final copy of the covenants, restrictions, and articles of incorporation, with language that
indicates that these lots are included in the homeowner’s association, shall be submitted with
the final plat application for review and approval by the Planning Department and shall
contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of
common open space areas, public parkland/open space corridors, stormwater facilities, public
trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of
the Bozeman Unified Development Ordinance. Complied with.
d. Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record with
the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed
documents shall be submitted with the final plat. Complied with.
e. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. Complied with.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
f. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to final plat approval. Complied with.
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City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the final plat for the subdivision. Financially guaranteed and
subject to the executed Improvements Agreement.
g. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. Complied with.
h. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat. Complied with.
i. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1. This
shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure
that the construction traffic follows the approved routes. Complied with.
j. All construction activities shall comply with Section 18.74.020.A.2. This shall include
routine cleaning/sweeping of material that is dragged to adjacent streets. The City may
require a guarantee as allowed for under this section at any time during the construction to
ensure any damages or cleaning that are required are complete. The developer shall be
responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified. Complied with.
k. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance 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 and
correct certificates. The final plat application shall include four (4) signed reproducible
copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies
on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. Complied with.
l. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in
force for not more than one calendar year. Prior to that expiration date, the developer may
submit a letter of request for the extension of the period to the Planning Director for the City
Commission’s consideration. The City Commission may, at the written request of the
developer, extend its approval for no more than one calendar year, except that the City
Commission may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the developer, provided for in Section 18.74.060. The
preliminary plat of this subdivision was approved by the City Commission on March 6,
2006. On February 20, 2007, the City Commission extended it approval for no more than
one calendar year. This submittal was made within 2 years of the approval.
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m. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the final plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining
improvements. An Improvements Agreement has been executed and a Financial
Guarantee provided.
n. Pursuant to Section 18.06.060, 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 has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.)
where this information can be found. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
Full Final Plat Submittal
One paper Copy of Final Plat
cc: Debbie Arkell, Director of Public Service with copy of plat.
Deanna Shannon, SID Accounting Clerk with a copy of plat.
Roger and Rosalind Smith, 2305 Durston Road, Bozeman, MT 59718
Gaston Engineering & Surveying, P.C., P.O. Box 861, Bozeman, MT 59715
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Annie 3C Minor Subdivision Final Plat (#P-07042)
MEETING DATE: October 15, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Annie 3C 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 subdivide ~ 4 acres into
4 lots and street. The property is generally located northeast of the intersection of North 25th Street and
Durston Road. At its March 6, 2006, public hearing, the Bozeman City Commission voted to
conditionally approve the Annie 3C Minor Subdivision Preliminary Plat to subdivide ~ 4 acres into 4
lots and street. On February 20, 2007, the City Commission extended it approval for no more than one
calendar year. The applicant applied for final plat approval on September 10, 2007, 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 Lanette Windemaker, 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
CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the
public hearing.
APPROVED BY: Chris Kukulski, City Manager
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