HomeMy WebLinkAbout12-17-07_Approve Final Plat of Cottage Partners Mino10432_16
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Cottage Partners Minor Subdivision Final Plat
MEETING DATE: December 17, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Cottage Partners 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 ~ 11.5 acres
into 3 lots for development. Cottage Partners Minor Subdivision is generally located on the south side of
Haggerty Lane east of Ellis Street. At its November 20, 2006, public hearing, the Bozeman City
Commission voted to conditionally approve the Cottage Partners Minor Subdivision Preliminary Plat.
The applicant submitted a complete final plat on October 31, 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 Doug Riley, Associate 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.
Commission Memorandum
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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: Doug Riley, Associate Planner
driley@bozeman.net
Date: December 7, 2007
Subject: Tract 4A of Minor Subdivision 162C – Final Plat #07039
Cottage Partners 1, Limited Partnership, has made application to the Planning Office for Final
Plat review and approval for Tract 4A if Minor Subdivis on 162C, being a three lot subdivision located on
the south side of Haggerty Lane approximately 1,000 feet east of Ellis Street.
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On November 20, 2006, the City Commission granted preliminary plat approval to subdivide 11.535
acres into 3 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 the subdivision, electing to
financially guarantee the required sidewalks along Farmhouse Lane and landscaping along Haggerty Lane.
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
for uncompleted improvements; payment of the cash in lieu of water rights and execution of the
Improvements Agreement for this subdivision.
Attached for your review: four (4) original mylars of the Final Plat, original Platting Certificate,
Improvements Agreement, and Covenants. There will not be a “No Build” restriction necessary with the
recording of this final plat. 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 and advise staff accordingly in order for the applicant to provide the appropriate financial
guarantee; cash in lieu of water rights payment and the signed improvements agreement prior to the City
Commission acting on the matter.
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
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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.
Based on the applicant having submitted a complete final plat application on October 31, 2007 and
the application being deemed complete on November 6, 2007, the maximum 45 working day review period
will expire on January 11, 2008.
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 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 and has been reviewed by the Planning and Engineering
Departments. In regards to street lights, the Montana Department of Transportation has
provided a letter dated September 27, 2007 that they “will not require illumination by the
developer of the subject subdivision”…and that they “prefer to not to have spot lighting
improvements on the corridor as each new development is approved.” The Planning Office
is working with the developer on the provision of street lights at the intersecting streets with
Haggerty Lane as part of a Site Plan currently under review and language regarding the
waiver of right to protest future street lighting districts is a plat note and certificate and are
included in the declaration of covenants, conditions and restrictions for this subdivision.
2. The subdivision shall be consistent with the approved Bozeman Deaconess Health Services Subarea
plan.
The subdivision is consistent with the approved Bozeman Deaconess Health Services
Subarea Plan.
3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and bicycle access should be
provided through the subject property to provide connectivity from Haggerty Lane to the future
farmstead and park facilities included in the adopted Bozeman Deaconess Health Services Subarea
plan.
Pedestrian and bicycle access is provided by the newly constructed Farmhouse Lane and
Haggerty Lane improvements.
4. 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 4A-1.
There are no water rights available for this property. The Engineering Department has
calculated the required cash in lieu of water rights for the subdivision which will have to be
paid prior to final plat approval.
5. The southwestern half of Haggerty Lane will need to be constructed to a 2-Lane minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update along the entire
frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition
back to the existing roadway.
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The improvement of Haggerty Lane has been completed and inspected by the Engineering
Department.
6. The water main in Haggerty shall be 10” diameter in accordance with the City’s Water Facility Plan,
and shall be extended along the entire frontage of the subdivision.
This water main improvement has been constructed.
7. A sewer main (8”) will need to be extended along the entire frontage of the subdivision.
This sewer main improvement has been constructed.
8. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within
the state right of way.
Occupancy permits for the water and sewer infrastructure have been obtained.
9. Approval shall be obtained from the Montana Department of Transportation of the traffic impact
study and for all improvements along Haggerty Lane.
Approval from MDT was obtained for the improvements to and along Haggerty Lane.
10. All improvements necessary to provide adequate level of service at the intersection of Haggerty and
Main must be installed or financially guaranteed prior to filing of the plat unless a variance is granted
by the City Commission. No building permits will be issued until all improvements are installed and
accepted unless the variance is granted. Approval must be obtained from the Montana Department
of Transportation for all improvements to Haggerty and Main.
A variance was granted by the City Commission to this condition.
11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB design standards. The
preliminary calculations submitted did not account for the required overflow capacity.
Revised culvert calculations were provided and reviewed and approved by the City
Engineering Department.
12. Prior to final plat approval, the information required by Section 18.44.090.H of the UDO shall be
provided for review of the deviations required to allow for the accesses onto Haggerty as shown on
the Conceptual Connectivity Plan (2). A one foot no access strip shall be provided along the entire
frontage of Haggerty except in locations where a deviation is granted to allow for an access.
Accesses onto Haggerty Lane were reviewed and approved by the Engineering Department
and a one foot no access strip is shown on the Final Plat along Haggerty Lane at the
appropriate locations.
13. Public Street and utility easements shall be provided on the final plat for the streets shown on the
Conceptual Connectivity Plan (2).
A public street and utility easement has been provided on the final plat for the streets shown
on the Conceptual Connectivity Plan.
14. The street from Haggerty Lane to the southern property line shall be fully constructed to the
property line unless a variance is obtained to allow it to stop short. A temporary turnaround shall be
installed at the end of the street within an easement on the adjoining property or, if an easement
cannot be obtained, on the subject property in a configuration approved by city engineering.
Haggerty Lane has been constructed to the southern property line and a temporary
turnaround and easement has been provided.
Attachments: Four (4) Mylar Final Plats
Improvements Agreement with Estimate
Original Platting Certificate
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Covenants
Copy of the applicant’s submittal
cc: Engineering Inc., 705 Osterman Drive, Suite F, Bozeman, MT 59715
Madison Engineering, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Cottage Partners I, Limited Partnership, 2555 West College Street, Suite B, Bozeman, MT
59718
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