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HomeMy WebLinkAbout21022 Allison Phase 4A Final Plat Memo to City Atty MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: SUSANA MONTANA, SENIOR PLANNER, DEVELOPMENT REVIEW DIVISION RE: FINAL PLAT REVIEW FOR THE ALLISON PHASE 4A SUBDIVISION FINAL PLAT, PROJECT NO. 21022 DATE: November 17, 2021 ---------------------------------------------------------------------------------------------------------- The Bon Ton Inc. (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Allison Phase 4A Subdivision Final Plat for the subdivision of 48.04 acres into 47 lots and streets and rights-of-way. Attached is a copy of the Allison Phase 4A Preliminary Plat Findings of Fact and Order document. Since the City Commission approved the Allison Phase 4 Preliminary Plat in February 2020, the Applicant submitted, and the City Commission approved on July 13, 2021, a Final Plat for the 48-acre property which created two lots: A buildable 0.167-acre Lot 1, Block 8 and the remaining 48-acre Lot R-1 which remains an unbuildable restricted lot until further subdivision review and approval. This Allison Phase 4A Final Plat addresses that restricted Lot R-1 of Allison Phase 4B by creating the new 47-lot subdivision, of which 3 lots would remain unbuildable until further subdivision review and approval. The 3 unbuildable lots are: The 7.27-acre Lot 2, Block 2; the 15.89-acre Lot 2, Block 7; and the 2.72-acre Lot 1, Block 9 of this Allison Phase 4A Subdivision. The remaining 44 lots would be developed as 40 single-household residential lots and 4 multi-household residential lots. The purpose of the subdivision of the 48.04-acre Phase 4 land into 47 lots is to facilitate the sale and development of: 40 single-household lots zoned R-1, Low-density Residential District; 2 multi-household lots zoned R-2, Moderate-density Residential; 2 multi-household lots zoned R-3, Medium-density Residential Districts; and To develop the infrastructure (utilities, roads, stormwater management) to service those lots. The remaining 3 undevelopable lots, totaling 25.896-acres and zoned R-1 and R-2, would be the subject of a separate Final Plat subdivision. Four improvements agreements are required for this subdivision for the following improvements: The installation of landscaping, public and private sidewalks and expansion of the drainage pond on Lot 2, Block 2. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval (Project No. 19002); and as a result, find that the Final Plat application may be approved by the City Commission subject to the following remaining conditions and code provisions. Preliminary Plat Unmet Conditions of Approval of this Final Plat: 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 Block 2, Lot 2 drainage pond must be expanded and improved prior to issuance of any building permit for this development. The Final Plat must conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 Administrative Rules of the State of Montana--ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including all required and corrected certificates. The following are procedural requirements not yet demonstrated by the Final Plat and must be satisfied at the Final Plat. All references are to the Bozeman Municipal Code (BMC). BMC 38.220.050.A.3. Groundwater supplement. The seasonal high groundwater elevations must be verified prior to Final Plat approval. The provided groundwater data was collected outside of the seasonal high. The staff-recommended Condition of Approval No. 1 on Sheet 6 relates to this issue. Attachments to this Memo for your review include: (1) Three (3) original mylars of the Final Plat; (2) Title Certificate; (3) property owners association documents; (4) improvements agreements; (4) Release and Reconveyance of Easements document; (5) SID waiver of right to protest; (6) Parks maintenance waiver of right to protest; (7) County Treasurer letter; (8) a copy of the Allison Phase 4 Preliminary Plat Findings of Fact and Order document (Project No. 19002); (9) Building Permit Restriction Notice; and (9) the Final Plat staff report with the staff-recommended conditions of approval and code provisions for this specific Allison 4A Final Plat. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached Platting Certificate as updated; 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 plats. Due to adoption of HB 259 Montana legislation related to inclusionary affordable housing zoning, the City will not enforce the Preliminary Plat requirement for the creation of nine affordable housing townhouse lots as reflected in the Preliminary Plat Findings of Fact. The affordable housing plan and plat notes related to affordable housing lots have been removed from the Final Plat and the nine townhouse lots have been reconfigured by the Applicant to meet the R-1 zone single-household lot widths and size standards. An application was submitted to the Community Development Department on August 25, 2021, it was deemed acceptable for initial review on September 2, 2021 and, after several revisions, was deemed adequate on November 17, 2021. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the application is complete and adequate for review. The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met, are described in the submittal materials. Note: The Community Development Department and Engineering Department 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. The project is scheduled for consideration by the City Commission on November 23, 2021. Materials for the agenda will be uploaded November 17, 2021. Please let me know if this will not work for your schedule. Attachments: Three (3) Mylar Final Plats Preliminary Subdivision Certificate of Title Improvements Agreements SID and Park District waivers Notice of Building Permit Restrictions County Treasurer letter Release and Reconveyance of Easements Recorded CC&Rs and not-recorded Supplement CC&Rs and Allison Subdivision Owners Association Certification Letter 19002 Allison Phase 4 Subdivision Preliminary Plat Findings of Fact Final Plat staff report to City Attorney