HomeMy WebLinkAbout06- Legends @ Bridger Creek Amended Plat Major Sub
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
STORY MILL PARTNERS LLC, FOR PRELIMINARY OF F ACf
APPROVAL OF AN AMENDMENT TO LEGENDS AT AND ORDER
BRIDGER CREEK SUBDIVISION.
TIlls matter came before the Bozeman Gty O:>mmission on January 23, 2006 for review and
decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat Amendment to remove the Restricted Size Lot designation from 12 lots within Legends
. at Bridger Creek Subdivision as submitted on December 6, 2005, # P-04061A The O:>mmission held a : ~'" ! ~
public hearing on the preliminary plat and considered all relevant evidence relating to the public health, , jl"
safety, and 'Welfare, including the recommendation of the planning board, to determine whether the plat
should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On December 6, 2005, Story Mill Partners LLCsubmitted an application for approval to amend
the Legends at Bridger Creek Subdivision Preliminary Plat to remove the Restricted Size Lot designation
from 12 lots in the Legends at Bridger Creek Subdivision. The propertyis legally described as Lots 1 and
8, Block 2 and Lots 3-8 and 13-16, Block 3, Legends at Bridger Creek Subdivision and situated in the
I legenclsat l3ridger Creek Amended Plat Major Subdivision FindihgsotFoctandq;>rder #P~04()61 A ..1
NWl.4, SW1;.I, Section 32, T1S, R6E, PMM, Gtyof Bozeman, Gallatin County, Montana. The subject
property is zoned Rw3 (Residential Medium Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incOlporated into a staff report with suggested conditions of
approval, which was provided to the Gty of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site on
December 16, 2005. Said notice also served to inform interested persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The Gty'of Bozeman Planning Board opened the public meeting on January 4, 2006. The
Planning Board found that the application v.ras properly submitted and reviewed under the procedures
of the Gty of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The Planning Board then opened the public meeting. There was one individual that spoke in
support of the request and one individual that spoke in protest. The Planning Board closed the public
meetmg.
The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as reconunended by Staff with the exception of the motion to delete recommended
condition of approval number one which passed on a vote of 5 in favor and 1 in opposition.
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I. Leg~irl~S(jrBrjdger G~Elek Amended Plot Mqjpr Subdivision Findings of Foot!i'):~}.@>It~,r #P-04061A ...1
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
January 23, 2006, at which time the recommendation of the Planning Board and information compiled
by Gty staff was reviewed.
V.
PRIMARY REVIEW CRITERIA
A Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
The property has not been used for agricultural purposes since it was inco1porated into the city
limits. The requested modification should not affect agriculture, agricultural water user facilities,
local selVices, the natural environment, wildlife and the wildlife habitat, and public health and
safety.
B. Compliance with the following:'
l., The sUIVey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision currently complies and will remain in compliance with survey requirements
of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance unless granted a relaxation through the Planned Unit
Development process. 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.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board and GtyCommission hearings have been properly noticed, as required
in the Unified Development Ordinance.
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I Legends at Bridger CreElkAirnendedP!al:tM\a,jor Subdivision Findings of FddondOrder #'P'-0406:1 A .1
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessaryutilityeasements will be provided and depicted on the amended plat.
D. The provision oflegal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instroment of transfer
concerning the parcel
All lots within the subdivision will have direct access to the dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman Gty
Conunission found that the proposed subdivision did not 'comply with the Gty of Bozeman Growth
Policy and the requirements of the Gty of Bozeman Unified Development Ordinance and the Montana
Subdivision and Platting Act. The GtyCnmmission's decision was based on the fact that the smaller,
restricted size dwellings required by the Restricted Size Lot designation would provide for a diversity of
housing sizes and types as identified in the Bozeman 2020 O:>mmunity Plan GoalS.7.!.
TIIEREFORE, IT IS HEREBY ORDERED that the Amended PrelirninarySubdivision Plat of
Legends at Bridger Creek Subdivision for the property owners, Story Mill Partners, be denied.
This Gty O:>mmission order may be appealed by bringing an action in the Eighteenth District
0:>00 of Gallatin O:>unty, within 30 days after the adoption of these Findings by the Gty Commission,
by following the procedures of Section 76w3w62S, MeA
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I.'.\.;e\il:ends at .BridgerGreek 41iJ'II~~~.~platMoior Subdivjsion,J:inc:li:n$~OfFaet and Order #P:04061AI
DATED this 21st dayof February ,2006.
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ATTEST:
~L~
Oerk of the Commission
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