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HomeMy WebLinkAboutC7. Plat West Winds1 REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development SUBJECT: Authorize the Director of Public Works to approve the West Winds Phase 2A&B Minor Subdivision Final Plat, Application P15012 MEETING DATE: May 18, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the Final Plat for the West Winds Phase 2A&B Minor Subdivision, Application P15012 and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman subject to review and approval by the City Attorney. BACKGROUND: On March 16, 2015, the City Commission granted preliminary plat approval to subdivide one tract of record, 4.623 acres in size, to create two lots restricted to affordable housing. The developer has applied for final plat review and approval for the West Winds Phase 2A&B Minor Subdivision. Staff has concluded that all terms and conditions of the preliminary plat approval have been met. An Improvement Agreement is required for this subdivision, specifically for the installation of sidewalk along Turbulence Lane and Tschache Lane. The appropriate financial guarantee has been received. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the final plat as presented and recommended. 2) Deny the final plat. 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. Attachments: Staff Memo; Final Plat Report compiled on May 7, 2015 Commission Memorandum 198 Development Review Division Policy and Planning Division Building Division CITY OF BOZEMAN DEPARTMENT OF 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, CITY ATTORNEY’S OFFICE STACY ULMEN, CITY CLERK FROM: ALLYSON BREKKE, ASSOCIATE PLANNER SUBJECT: FINAL PLAT REVIEW FOR THE WEST WINDS PHASE 2A&B MINOR SUBDIVISION, PLANNING FILE NO. P15012 DATE: MAY 7, 2015 Madison Engineering, on behalf of Summit Management Group (Owner/Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the West Winds Phase 2A&B Minor Subdivision, a second or subsequent minor subdivision from a tract of record to create two lots restricted to affordable housing. The City Commission granted preliminary plat approval to subdivide 4.623 acres and create two lots restricted to affordable housing. Attached is a copy of the Findings of Fact and Order approved by the City Commission on April 6, 2015. An Improvement Agreement is required for this subdivision, specifically for the installation of sidewalk along Turbulence Lane and Tschache Lane. All other necessary infrastructure improvements are constructed. Based on the summary review provided below the Development Review Committee, the City Engineering’s Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the final plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, and a copy of the Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plat. An application was submitted to the Community Development Department on April 3, 2015. Based on the applicant having submitted an application on April 3, 2015 for final plat review and approval, and further finding that the application was deemed complete on April 8, 2015, the 45-day (working days) review period for this final plat would expire on June 10, 2015. The conditions of preliminary plat approval, which are pertinent to this minor subdivision and how they have been met, are described in the submittal materials. Note: The Community Development Department and Engineering Departments have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate 199 Page 2 Copy of Findings of Fact and Order cc: file 200 e-mail: meridiansurveying@yahoo.com MERIDIAN LAND SURVEYING, INC. www.meridianmontana.com 1970 STADIUM DRIVE, SUITE B, BOZEMAN MT, 59715 TOM GNAUCK | 406.580.4495MICHAEL LAPP | 406.579.1746 19.75' N 00° 16' 58" W 21.39' N 01° 34' 49" E L = 32.58' Δ = 29° 37' 42" R = 63.00' CURVE L = 29.14' Δ = 26° 30' 7" R = 63.00' CURVE L = 30.45' Δ = 27° 41' 24" R = 63.00' CURVE L = 31.84' Δ = 28° 57' 12" R = 63.00' CURVE 28.72'13.95' 12.09'S 01° 36' 31" W - 413.39' (R)S 01° 36' 57" W - 413.28' (M)N 88° 23' 05" W - 341.99' (R) N 88° 25' 11" W - 341.70' (M) 299.03' 189.71'290.54' CH. L. = 224.68' CH. BRG. = N 74° 35' 26" W L = 226.88' Δ = 27° 39' 28" R = 470.00' NON-TANGENT CURVE N 30° 45' 39" E - 71.46' (R) N 30° 43' 47" E - 71.49' (M) L = 194.43' (M) 194.38' (R) Δ = 30° 06' 02" (M) 30° 06' 02" R = 370.09' (M) 370.09' (R) CURVE N 00° 39' 27" E - 48.48' (R) N 00° 37' 45" E - 48.61' (M) N 00° 43' 23" E - 46.51' (R) N 00° 43' 23" E - 46.51' (M) N 89° 43' 51" E - 480.39' (R) N 89° 43' 02" E - 480.25' (M)N 02° 50' 37" E - 244.19' EASEMENT CENTERLINEN 02° 50' 37" E - 403.93' (M) - N 02° 50' 37" E - 403.93' (R) PROPERTY LINE(406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59718 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 OF SHEET Scale 1" = ' Sec.T.R. 1/4 N 2 1 1 (EPOCH:2010) OPUS - NAD 83 (CORS2011) Long. W 111° 04' 26.57120" Lat. N 45° 41' 52.29140" Geodetic North at BASIS OF BEARING 2 lots 4.623 acres Subdivision Area: THIS SURVEY WAS PERFORMED FOR OWNER OF RECORD: SUMMIT MANAGEMENT GROUP INC. THE PURPOSE OF THIS SURVEY IS TO CREATE A 2-LOT MINOR SUBDIVISION STONERIDGE 148-025-7-15 TG ML ML 2 S.5 E. 40 City of Bozeman, Montana Director of Public Works _____________________________________________________________ DATED this _____________ day of __________________, ____________. being dedicated to such use. City of Bozeman for the public use of any and all lands shown on the plat as conform to the law, approves it, and hereby accepts the dedication to the the accompanying plat has been duly examined and has found the same to I, Director of Public Works, City of Bozeman, Montana, do hereby certify that CERTIFICATE OF DIRECTOR OF PUBLIC WORKS HOUSING ONLY AFFORDABLE RESTRICTED TO 1.859 ACRES LOT 5A HOUSING ONLY AFFORDABLE RESTRICTED TO 2.764 ACRES LOT 5B block 5 block 6 block 7 block 7block 6 block 5 Right-of-Way Record Measured (Not Utilized By This Survey) Found Property Corner Found Property Corner Meridian Orange Plastic Cap Easement Line Adjoining Property Boundary Line Property Boundary Line R.O.W. (R) (M) SUB PH 2A & 2B PER WEST WINDS 12' UTILITY EASEMENT SUB PH 2A & 2B PER WEST WINDS 12' UTILITY EASEMENT 13'13' PH. 2A & 2B WEST WINDS SUB. LOT 4B PH. 2A & 2B WEST WINDS SUB. LOT 5 PH. 2A & 2B WEST WINDS SUB. LOT 6A PH. 2A & 2B WEST WINDS SUB. LOT 4B PH. 2A & 2B WEST WINDS SUB. LOT 5 PH. 2A & 2B WEST WINDS SUB. LOT 1A PH. 2A & 2B WEST WINDS SUB. LOT 1B PH. 2A & 2B WEST WINDS SUB. LOT 2A PH. 2A & 2B WEST WINDS SUB. LOT 2B PH. 2A & 2B WEST WINDS SUB. LOT 3A PH. 2A & 2B WEST WINDS SUB. LOT 3B PH. 2A & 2B WEST WINDS SUB. LOT 4A PH. 2A & 2B WEST WINDS SUB. LOT 4B PH. 1A & 1B WEST WINDS SUB. PARK PH. 1A & 1B WEST WINDS SUB. PARK PH. 1A & 1B WEST WINDS SUB. PARK ANNIE SUB. PH 2 LOT 5 COS 1256 TRACT 1 RESERVED BY THIS SUBDIVISION SHARED 30' ACCESS EASEMENT SUB PH 2A & 2B PER WEST WINDS 1' NO-ACCESS STRIP block 8 block 8 Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o'clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Minor Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER � A NATNOM �ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 18342 LS LAPP MICHAEL S. My commission expires 11/26/2015 Bozeman, MT 59715 895 Technology Boulevard Residing at: Notary Public for the State of Montana Chris Budeski Signature ______________________________________________ Notarial Seal the day and year first written above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Corporation executed the same. executed the within instrument and acknowledged to me that such Patrick Klier known to me to be the Vice President of the Corporation, before me, a Notary Public in and for said state, personally appeared On this ______________day of ______________________, 2015, County of ________________________) s.s. State of _________________________) Vice President Summit Management Group Patrick Klier __________________________________________By: SUMMIT MANAGEMENT GROUP, INC. Montana Registration No. 18,342 L.S. Michael S. Lapp, PLS _______________________________ Dated this 31st day of March, 2015. Platting Act (MCA §76-3-101 through §76-3-625), and the Bozeman Municipal Code. as described in accordance with the provisions of the Montana Subdivision and I surveyed and platted the same as shown on the accompanying plat and certify that between December 8th, 2014 and __________________, 2015, I, Michael S. Lapp, the undersigned, Registered Land Surveyor, do hereby CERTIFICATE OF SURVEYOR WINDS MAJOR SUBDIVISION PHASE 2A & 2B AMENDED PLAT OF LOT 5, BLOCK 8 OF WEST RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ printed name ______________________________________________ signature ______________________________________________ Notarial Seal the day and year first written above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my acknowledged to me that such Lending Institution executed the same. of the Lending Institution executed the within instrument and ___________________ known to me to be the _________________ before me, a Notary Public in and for said state, personally appeared On this ______________day of ______________________, 2015, County of ________________________) s.s. State of _________________________) By:__________________________________________ First Security Bank _____________________________________________ DATED this ___________ day of ______________________, __________. City of Bozeman for the public use and enjoyment. avenues, parks or other public areas which are dedicated to the encumbrances as to any portion of said lands now being platted into streets, consent to the described plat, releasing our respective liens, claims or We, the undersigned mortgagees or encumbrancers, do hereby join in and CONSENT OF MORTGAGEE and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet, The undersigned property owners, hereby grant unto each and every person, firm or corporation, include: parks or public squares dedicated to the public for which the city accepts responsibility for maintenance or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys and agree that the City has no obligation to maintain the lands included in all streets, avenues, alleys and parks are accepted for public use, but the City accepts no responsibility for maintaining the same. The owners herein, the lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed lands included in all streets, avenues, alleys and parks or public squares shown on said plat are hereby 8 of West Winds Major Subdivision Phase 2A & 2B, City of Bozeman, Gallatin County, Montana; and the The above described tract of land is to be known and designated as the Amended Plat of Lot 5, Block 2 South, Range 5 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana. the Gallatin County Clerk and Recorder located in the Northwest One-Quarter of Section 2, Township A tract of land being Lot 5, Block 8, of West Winds Major Subdivision Phase 2A & 2B on record with the following described tracts of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION City of Bozeman, Montana Director of Public Works _________________________________________________________ DATED this _____________ day of __________________, ____________. Department of Environmental Quality review. §76-4-125(2)(d) MCA, this subdivision is excluded from the requirement for Montana water drainage and adequate municipal facilities. Therefore, under the provisions of adopted pursuant to §76-1-601 et seq., MCA, and can be provided with adequate storm municipality, and within the planning area of the Bozeman growth policy which was Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class and 2B, The Amended Plat of Lot 5, Block 8 of West Winds Major Subdivision Phase 2A DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA PROJECT AREA BOUNDARY LEGEND TURBULENCE LANE - 60' R.O.W. TSCHACHE LANE - 60' R.O.W.NORTH 27TH AVE. - 45' R.O.W.VICINITY MAP NOT TO SCALE 201