STAFF REPORT ON FINAL PLAT APPLICATION ROCKY DETIENNE MINOR SUBDIVISION Date: April 11, 2014 Type of Subdivision: Name of Subdivision: Minor Subdivision Rocky Detienne Minor Subdivision Number of Lots: 1 Legal Description: Land Owner(s): Name of Applicant: Preparer/Agent: Surveyor: Public Hearing: A Portion of the N ½, SW ¼, of Section 25, Township 21 North, Range 59 East P.M.M. in Richland County, Montana Victor Buxbaum, Inc. Route 1, Box 185 Sidney, MT 59270 Rocky Detienne 12296 Highway 200 South Sidney, MT 59270 Roger Meyer, Montana Land Surveys (for final application) P.O. Box 176 Lambert, MT 59243 Roger Meyer, Montana Land Surveys Not applicable Preliminary Plat Approval: The Richland County Commissioners granted approval subject to 10 conditions on July 8, 2013. Final Plat Application: Application received on March 20, 2014 Reviewer comments sent on March 28, 2014 Applicant s response received April 14, 2014 STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 1 of 6
On July 8, 2013 the Richland County Board of Commissioners approved the preliminary plat of Rocky Detienne Minor Subdivision subject to 10 conditions. The subdivision is located in the SW ¼, of Section 25, Township 21 North, Range 59 East P.M.M in Richland County, Montana; the proposed subdivision is located about 13 miles southeast of Sidney, MT just south of the intersection of County Road 354 and County Road 116 (figure 1). The project proposal will create 1 residential lot (Figure 2). The final application was submitted on March 20, 2014. At the time of writing this the application has been found to be complete. Figure 1: Location of Subject Property SITE STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 2 of 6
Figure 2: Final Plat STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 3 of 6
COMPLIANCE WITH REQUIREMENTS OF CONDITIONS OF APPROVAL The conditions of preliminary approval are listed below. Following each condition is a statement indicating how the condition has been met. Final Plat Requirements 1. The final plat shall be in substantial compliance with the preliminary plat and plans reviewed and approved by the governing body, except as modified by these conditions. [RCSR II-B-1] The final plat is in substantial compliance with the preliminary plat. The final plat is to be signed and notarized by all necessary parties and filed in the Clerk and Recorders office. 2. The final plat and supplements shall comply with the Uniform Standards for Final Subdivision Plats and shall be reviewed by Richland County s Examining Land Surveyor and Subdivision Administrator prior to final approval. [RCSR II-B-2, MCA 76-3-402 and MCA 76-3-611] The final plat is in compliance with the Uniform Standards for Final Subdivision Plats. 3. Prior to filing of the final plat, the developer shall: Provide proof that all real property taxes and special assessments assessed and levied on the property are paid for the current tax year; including any past delinquencies; [76-3-611(1)(b), MCA] and, Provide documentation showing that the Applicant is the lawful owner of the property with the apparent authority to subdivide the same, and showing the names and written consent of lien holders or claimants of record. [76-3-612, MCA] The final application packet includes a title report stating that all taxes and assessments have been paid, and showing that Victor Buxbaum, Inc. are the owners of the property. 4. The approval period for the preliminary plat is three years. [RCSR III-A-6(f)] Preliminary plat was conditionally approved July 8, 2013; the final application was submitted on March 20, 2014, which is less than the three (3) years. STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 4 of 6
Addressing 5. The developer shall provide documentation from the Richland County Public Works Department assigning addresses for each lot. [RCSR VI-H (a)(xiii)] The final application packet includes documentation of the addresses for the new lot from Richland County Public Works. Approach onto County Roads 6. A Driveway approach permit shall be obtained from the Richland County Public Works Department for accesses to County Road 354. Installation of the driveway approach shall be completed in accordance with the approved permit and the installation inspected and approved by the County Public Works Department. [RCSR VI-F(c)] The final application packet includes a copy of the approach permits. Marcy Hamburg and Terry Murphy inspected the approach on April 11, 2014 and the approach was completed. Marcy talked with Russ Huotari on April 14, 2014, Russ made the comment that the approach was built to county standards. Weeds 7. A Noxious Weed Control Plan Agreement shall be approved and signed by the County Weed District. This agreement shall be signed and notarized by the subdivider and recorded with the final plat. [RCSR VI-T] The final application includes the required Richland County Weed Plan. The original Weed Plan will need to be signed by the appropriate parties and filed with the final plat in the Clerk and Recorders Office. Utilities 8. Utilities shall be installed by the developer to each lot in the subdivision. The applicant shall submit letters from the power and cable/telephone providers indicating utilities have been installed underground to their specifications and within appropriate easements as shown on the final plat. [RCSR VI-M (b) and 76-3-608, effects on public health and safety and effects on local services] The final application includes a will-serve letter from the Lower Yellowstone Rural Electric Association stating they can serve the proposed lots and that utilities are installed so that the lot has access. STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 5 of 6
9. In addition to showing the location of utility easements on the plat with dashed lines, the following statement shall be on the final plat: "The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water, or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their line and other facilities, in, over, under and across each area designated on this plat as 'Utility Easement' to have and to hold forever." [RCSR VI-M(h)] This statement is modified but is included on the plat. The modified statement is sufficient to fulfill the requirement. Subdivision Improvements 10. Prior to filing of the final plat, all improvements shall be installed or otherwise guaranteed. All improvements shall be completed in place or the developer shall enter into a written subdivision improvements agreement with Richland County, guaranteeing the construction and installation of such improvements and shall provide an acceptable financial security guarantee, in accordance with the Richland County Subdivision Regulations. [RCSR II-B] The needed improvements have been installed onto the property and a subdivision improvements agreement is not required. Staff Recommendation: The Rocky Detienne Minor Subdivision is ready for final plat approval, assuming all certificates are signed and notarized as required. Submitted by: Kyle Osborne, Planner 1 April 14,2014 April 14, 2014 Marcy Hamburg County Planner ****************************************************************************** The following items are to be filed and recorded with the Final Plat Application: 1. Final Plat, 1 sheet (original) 2. Weed Control Plan (original) STAFF REPORT Rocky Detienne Minor Subdivision Final Plat Application Page 6 of 6