HomeMy WebLinkAbout05- Amendment of Minor Subdivision No. 340
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
FIRST SECURITY BANK REPRESENTED BY THE OF FACT
APPLICANT THINK ONE, FOR PRELIMINARY AND ORDER
APPROVAL OF AN AMENDMENT TO MINOR
SUBDIVISION NO. 340.
This matter came before the Bozeman Gty Commission on October 17, 2005 for review and
decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76w3-625,
Montana Codes Annotated, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified
Development Ordinance. The applicant presented to the Commission an Amendment to a Minor
Subdivision to allow access onto Cottonwood Road over an existing "one foot no access strip" as
submitted on August 19,2005, # P-05040. The Commission held a public hearing on the preliminary
plat and considered all relevant evidence relating to the public health, 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 August 19,2005, First Security Bank, represented by Think One, submitted an application
for an Amendment to a Minor Subdivision to allow access onto Cottonwood Road over an existing
"one foot no access strip". The property is legally described as Lot 5 of Minor Subdivision # 340,
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located in the SW 1;.1 of Section 10, T2S, RSE, P.M.M., Gtyof Bozeman, Gallatin County, Montana.
The subject property is zoned B-P Business Park District.
II.
The comments of the Development Review O:>mrnittee, along with those of Planning &
O:>mmunity Development Staff, were inco1porated 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
September 23,2005. 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 October 4, 2005. The
Planning Board found that the application was 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 no public testimony. The
Planning Board closed the public meeting.
The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
October 17,2005, at which time the recommendation of the Planning Board and information compiled
by Gty staff was reviewed.
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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.
As previously indicated a conditional use permit was approved by the Bozeman Gty
Commission to allow the development of a bank on the subject site. Municipal water, sewer,
roads and emergency services will be provided to the property. The proposal will likely not
create any additional adverse effects on agriculture, agriculture water user facilities, the natural
environment, or wildlife and wildlife habitat.
B. Compliance with the following:
1. 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. 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 following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
a) Conditional approval of the preliminary plat shall be in force for not more than one (1)
calendar year, as stated in Section 18.06.040.D.6. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the Planning
Director for the Gty Commission's consideration.
b) The final plat submittal shall be in conformance with Section 18.06.060 "Final Plat
Application" and Section 18.78.070 "Final Plat" and shall include four (4) signed mylars
(or equivalent); two (2) digital copies on a double-sided, high density 3~-inch floppy
disk or compact disk; and five (5) paper prints.
c) All easements are subject to the provisions of Section 18.42.060 "Easements."
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~iiiiilliliji~i!1m,f~l)t,~fMinor Subdivision '.'Ni~~:..i~~li.iill~i.ilii~il.~:'ofii.i~i~l:t~ridbrder ~i.li~lil.~~1 I
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board meeting and the Gty O:>mmission hearing have been properly noticed,
as required in the Unified Development Ordinance.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final 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.
A recommended condition of approval requires the applicant to record a temporary and
revocable access easement over the currently platted "one foot no access strip" in the subject
location. As previously indicated the Recommended Principle Arterial Street Standard identified
in Figure 11-4 of the Grauer BazemmA n>a TranspartationPlan Update, identifies the potential for a
raised median in the immediate area of the proposed access. The future disposition of
Cottonwood Road has the potential to create additional vehicular conflict with multiple access
points in the immediate area of the proposed aCCeSS. A further recommended condition of
approval requires the amended Final Plat to provide a plat note which identifies the temporary
and revocable nature of the subject easement.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman Gty
O:>mmission found that the proposed subdivision would 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, if certain conditions were imposed. The evidence, as stated or referenced
in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
11ffiREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Minor
Subdivision No. 340 for the property owner, First Security Bank, be approved, subject to the following
conditions:
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IAll1endment of Minor Subdivision No. 340 Findings of Fapt.ii~ii~ii.iiiilil!i'~'>i #PwG~Iil\llllG I
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1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal O:>de or state law.
2. A temporary and revocable 30 foot public access easement shall be granted at the location on
Cottonwood Road over a platted 1 foot no access strip across from the currently existing
southernmost access of Auto Plaza Drive subject to the following terms and conditions:
. Full access will be granted until such time that construction activities commence to
improve the section of O:>ttonwood Road which borders the subject property to the
recommended principle arterial street standard, when the easement will be terminated.
Prior to access termination the property owner shall record an amended plat to reflect
the nature of the subject easement.
. A plat note shall be added to the amended plat of Minor Subdivision # 340 in regard to
the proposed access which states, "A temporary and revocable 30 foot public access
easement has been granted, over the existing 1 foot no access strip, by the Gty of
Bozeman and shall be terminated once construction activities commence to improve
Cottonwood Road to the recommended principle arterial street standard."
. The location and size of the proposed easement shall be subject to review and approval
by the Bozeman Gty O:>mmission.
3. An amended Final Plat shall be submitted which addresses the recommended plat note addition
and includes all appropriate certificates.
This Gty Commission order may be appealed by bringing an action in the Eighteenth District
O:>urt of Gallatin O:>unty, within 30 days after the adoption of these Findings by the GtyCommission,
by following the procedures of Section 76-3-625, M.CA The preliminary approval of this subdivision
shall be effective for one year from the date of adoption of these Findings by the Gty Commission. At
the end of this period the Gty O:>mmission may, at the written request of the subdivider, extend its
approval as provided for in the Gty of Bozeman Unified Development Ordinance.
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DA1ED this day of ,2005.
BOZEMAN QTY COMMISSION
By:
Andrew L. Cetraro, Mayor
ATTEST: APPROVED AS TO FORM
Robin L. Sullivan Paul Luwe
Oerk of the Commission Gty Attorney
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1..;<<I"!\'i~li~.il~nf .cif'.IlI.I~:ir~~i~i~.iili.~.I.~'h'..Nl.'.f.i,$.:4P)Findi.ngs of .Faq!iij.lii.iiii.~~.il.~ 1.fi!:~i1>S040 .,.....:1
DATEDthis )'1.. dayof~,2005.
~~ON
By:
Andrew L. Cetraro, Mayor
ATTEST:
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Oerk of the O:>mmission
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