HomeMy WebLinkAbout10-15-07_Authorize Director of Public Service to sign Final_14MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: October 3, 2007
RE: Annie 3B Subdivision Final Plat (#P-07041)
Attached please find the final plat submittal for the Annie 3B Major 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 3B Subdivision is generally located southeast of the intersection of North 25th Street and
Annie Street. The Annie 3B Subdivision was approved by the Commission on February 21,
2006, subject to the following conditions and code provisions.
Conditions:
1. The watercourse setback shall be designated as a public access easement, common open
space for ownership and maintenance of the homeowners association. Complied with.
2. The final plat shall provide a joint access easement between Lots 1 and 2, and either Lots 3
and 4 or Lots 4 and 5, and Lots 6 and 7. The access easement shall be situated on the
common lot line of the lots and shall comply with Section 18.44.090.C. Complied with.
3. Pursuant to Section 18.42.040, Planning will be able to support a block length in excess of
400 feet in width to overcome the specific disadvantages of orientation due to the location
adjacent to an existing block in excess of 400 feet in width without a connecting right-of-way
for a pedestrian walk. Complied with.
4. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due
with the final plat. Complied with.
5. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase. Complied with.
6. 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,
79
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law. 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.
8. 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.
9. 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.
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.
10. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. Complied with.
11. Flood plain: Complied with.
a) The 100 year flood plain boundary must be shown on the final plat.
12. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final
Plat approval. Complied with.
13. 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.
2
80
14. 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 of the
Unified Development Ordinance. 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.
15. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. 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.
16. Annie Street shall be improved from North 25th to the end of the existing improvements to
the east. This shall include curb and gutter on both sides, sidewalk on the south side only,
and the necessary utility extensions. The sidewalk may be installed with the houses as
allowed by code. Complied with.
17. No building permits shall be issued until the construction contract for the Durston Road SID
project has been let. Complied with.
18. Since the previous preliminary plat approval on this subdivision, 4-way stop control has been
added to the intersection of 25th and Annie. Therefore, the installation of curb bulbs is no
longer required. Complied with.
19. As part of the street improvements, the applicants should coordinate with the utility company
to have the box on the southeast quadrant of the intersection relocated out of the right of way
and into the utility easement so that the sidewalk can be installed in the proper location.
Complied with.
Code Provision:
a. A watercourse setback planting plan shall be prepared by a qualified landscape professional
and shall be reviewed and approved by the Planning Department prior to the commencement
of development or site preparation. The plan shall include a schedule for planting and
landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Complied with.
b. Pursuant to Section 18.42.150, subdivision lighting shall be provided. Resolution No. 4036,
Intent to Create SILD #700 was approved by the City Commission on June 25, 2007.
c. 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.
3
81
d. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’
association shall be submitted with the final plat application for review and approval by the
Planning Office 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.
e. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall
be provided for the permanent care and maintenance of open spaces, recreational areas,
stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman
Unified Development Ordinance. The same shall be submitted to the city attorney and shall
not be accepted by the city until approved as to legal form and effect. A draft of these
documents must be submitted for review and approval by the Planning Department at least
30 days prior to filing and recordation with the Gallatin County Clerk and Recorder.
Complied with.
f. 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
corrected 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.
g. 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 for minor subdivisions, two years for single-phased
major subdivisions and three years for multi-phased major subdivisions. 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
§18.74.060, BMC. The preliminary plat of this subdivision was approved by the City
Commission on February 21, 2006. This submittal was made within 2 years of the
approval.
h. 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% of the cost of the remaining improvements. An
Improvements Agreement has been executed and a Financial Guarantee provided.
4
82
i. 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
5
83
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Annie 3B Major Subdivision Final Plat
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 3B Major 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 ~ 1.5 acres
into 7 lots and one open space area. The property is generally located southeast of the intersection of
North 25th Street and Annie Street. At its February 21, 2006, public hearing, the Bozeman City
Commission voted to conditionally approve the Annie 3B Major Subdivision Preliminary Plat to
subdivide ~ 1.5 acres into 7 lots and one open space area. 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
84
85