HomeMy WebLinkAbout06- Baldwin First Minor Subdivision from a Tract of Record
[}r;:ldwin F;"r'~.t. M!nor Subdivi.~.ion fro~ a Tract of Record Fin:l.ings of Fact and' Or9"::E_.__ #P-06601_J
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
KENNETH AND FLORENCE BALDWIN, AND OF FACT
KENNETH ROBERT BALDWIN, AND AND ORDER
REPRESENTED BY ARROWHEAD SURVEYING,
FOR PRELIMINARY APPROVAL OF BALDWIN
MINOR SUBDIVISION,
This matter came before the Bozeman City Commission on Marcb 6, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman SubdivIsion Regulations, City of B07:eman
Growth Policy, and City of Bozeman Unified Development Orclinancc" 'fhe applicants presented to
the Commission a proposed Prelitninary Subdivision Plat for First Minor Subdivision from a Tract of
Record, as sulnnitted in its original form on January '12, 200(l, t!P-O(!C)Ol. Tbe Commission held a public
meeting on the preliminary plat and considered all relevant evidence relating to the public health, safety,
and welfare, including the recornmendation of the City of B07:eman Planning Board, to determine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that a]J parties wishing to appear and comment were given the
opportunity to do so, and tberefore, being fully advised of all matters having come before it regarding
this application, tbe Commission makes the following Findings of Pact, as relluited:
r'INDINCS OF 1~'AC:T
L
On[ anuary 12,2006, Kenneth and l"lorence Baldwin, afldKenneth Robert Baldwlll, represented
by Arrowhead Surveying, submitted an application for approval tu create a I 'irst:'vhnor Subdwislon
from a Tract of Record for 0,335 acres at 529 and 5?<; ::\orth Rouse :\vellue, The subject property IS
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~~dw~~"~!J~~~nor Sub?ivision from a Tract of Record' Fin?ings of Fact and Order -~-'--#P-~o66m-'.1
legally described as a portion of Block 10 of Bcall's Addition, situatedm the northwest one-llua1"tct of
Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana. The subject property is zoned R-2 (Residential1'wo-Household, Meuiull1 Density
District).
11.
The comments of the Development Review Committee, along with those of Planning Staff,
'.verc incorporated into a staff report with suggested conwtions of approval, which was provided to the
City of Bozernan Planning Board.
IlL
No newspaper notice, and no posting of the site, was required because thIS is an application for
a J"irst Minor Subwvision from a Tract of Record. However, notice was sent to propetty owners of
record within 200 feet of the subject property via first class rnail on February 3, 2006.
The City of Bozeman Planning Board considered the application at a public meetlng on
February 22, 2006. The Planning Board found that the application was properly subnutted and
reviewed under the procedures of the City of Bozeman Unified Development Ordinance_
The Planning Board then opened the public meeting for publjc conlment and no public
COllunent was provided_
The City of Bozenun Planning Board then moved to rccommt:nd conditional approval of the
subdivision with conditions as rccommended by Staff and passed on a vote of 7-0.
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IB~Tdwin First Minor ~ubdivision "from a Tract of Reco~-d-Findings of Fact and Ord~.r.." #P-060~
IV.
The application was considercd by the Bozeman City Commission at its regular meeting on
March 6,2006, at which tllne the reconlInendation of the Planning Board and information compiled by
City Staff was reviewed.
V.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been master planned for Residential development. The area has been
platted and developed for residential use since the early 20th century.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities are idcntified.
3. Effects on Local Services
Watcr /Sewer: Thc existing residences on the subject property have established watcI'
and sewer lines, which are accurately marked on dle prdimmary plat submittal matcrials.
Because no changes arc propclsed tel the residences with the: subdiVIsion, no
improvements or upgrades arc requIred for the lines. Planning Staff is still recluiring the
standard 10-foot public utility easement in the front yard of both lots, which the
rcpresentative has accurately depicted on the submittal materials.
The City needs to aClluire water rights to keep up with the growing demand [or
municipal water servIce. Therefore, watcr rights or cash-in-lieu thereof must. be
obtained with this development unless already paid.
Policc/ bre: The property is well within the City's Policc andl"ire ernergcncy response
arca.
Strefts: Planning and Engineenng Staff arc ree~uiting an additiona120-foot public street
and utility easement. to be established within the fronr vard of both lots (nanlely, for the
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futurc improvcments and widcning of North Rouse Avenue). The reF:>resentativeis
showing the accurate dimension of said easement on the prelmunary plat subnuttal
matenals, but is n:eluired to renamc the easemenL's title on the final plat. materials.
Stormwater: No effects on stormwater services are iclcntified.
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I Baldwin ~"~~~TMinor Subdi~_ision from a Tract of Record Findings of Fael o'2~_ Order #P-0600 1 I
Utilities: Planning Staff is requiring the standard 1 O-foot public utility easement and an
additional20-foot public street and utility easement in I-he front yard of both luts for the
provision of utilities. Both easements overlap one-another and are accurately depicted
in size on the preliminary plat submittal materials.
4. Effects on the Natural Environment
A Memorandum of Understanding was entered into with thc County Weed Board by
the representative. /\pprnval was received by the Board on November 30,2005.
5. Effects on Wildlifc and Wildlife Habitat
There should be no irnpact on wildlife and wildlife habitat, as the area has been platted
and developed for residential use since the early 20'h century,
6. Effects on Pub lie Health and Safcty
The intent of the regulatlOns in the Unified Developmt:nt Ordinance is to protect the
public health, safety and general welfare_ 'The subdivision has been reviewed and
determined to be in general compliance with the tItle. 1\ ny other conditIons deemed
necessary to ensure compliance have been noted_
B. Compliancc with the survcy rcquirements providcd for in Part 4 of the Montana
Subdivision and Platting Aet.
'J'he property in lluestion has been surveyed and platted in confo1'tnance with the Montana
Sl.lbdivision and Platting Act and filed as a Preliminary Subllivision Plat in accordance with the
state statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the tlnaI plat submittal:
1. "Pursuant to Section 1 R.06.040.D.(), conditional approval of the prelllninary plat shall be
in force for not more than one calendar year. Prior to that expiration date, tbe
developer may submit a letter of relluest for the extension of the pet10d to the Planmng
Director for the City Commission\ conSIderation. The City CommisSIOfl may, at the
written request of the developer, extend Its approval [or no more than one calendar
year, except that the City Cornrlllssion may extend its approval [or a penud of more
than one year if that approval period IS lllcluded as a specific condition of a wntten
subdivision Improvemcnts agreement between the City Commission and the developer,
provided for in~\18.74.c)(jO, BMC
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[]~!9"'::.:'T0~Fir~-t Minor Subdivision from a Tract o~"~~co~~rFi~d'i"ngs of Fact and Order ~-~...~',... .,
#P-0600 1
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') Pursuant to Section "IS'(l6.060, the applicant shall submit with the application for final
plat review and approval, a written narrativc stating how each of thc condltions of the
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc) whcre this information can be found.
1. Pursuant to Section IS.42.060.B.2, a 1 O-foot wide front yard utiliry easement shall be
provided unless written confirmation is provided from ALl, utility companies providing
scrvice indicating that front yard easements are not needed.
4. Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement clistricts (SIDs) for a park maintcnance district shall be fued and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plat.
5. Pursuant to Section 18.74.030.B, if it is the developer's intent to fue the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all impt.ovements in accordance with tl1-e preliminary
plat submittal information and conditions of approval. If the final plat lS fued prior to
the installation of all ilnprovements, the developer shall supply the City of Bozeman
with an acceptable method of security ellual to 150 percent of the cost of the remaining
improvements,
(j, Pursuant to Section IS.7SJJ70, a Memorandum of Understanding (MOl)) shall be
entered into with the Wecd Control District prior to subm.itting the final plat. ;\ copy
of the MOLl shall be submitted with the fmal plat application.
7. Pursuant to Section IS.7SJJ70, the final plat shall conform to all requirements of thc
B07eman Unified Development Ordinance and the Uniform Standards for Final
Subdivision Plats and shall be accompanied by aU relluired documents, including
cerrification from the City Engineer that as-built drawmgs for public improvements
were received, a platting certificate, and all rel]uired and corrcct certifica les. The final
plat application shall include f(lUr (4) signed reproducible copies on a 3 mil or heavier
stable base polyester film (or cLluivalcnt); two (2) digital copies on a doublcsided, high
density 3.1/2" floppy disk; and five (5) paper pnnts.
D. Compliance with the required subdivision review process.
A subdivision pre-application was subrnltted on NovemberlS, 200e;. The pre-application \Vas
revtcwcd by the Development Review Committee (DRC) on December 7 and 14, 2005, and the
final pre-application letler was mailed on December 20, 2005. 'fhe applicant had until
Decembcr 20,2006 to submit a preliminary plat application.
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I Baldwin Fi~~!.~inor Subdivis.L?"n from a Tract~-~Record Finding~ of Fad and ~r.ier - ---~~~E:,Q?O~
A preliminary plat application was submitted on January 12,2006 and the required completeness
letter was sent on January 23,2006. 'fhe preliminaty plat was reviewed by the DRC on Febmary
1 and 8,2006 and the required adequacy letter was mailed on F:ebruary 15, 200(i. C)n the second
and final week of DRC review, a favorable recommendation was forwarded for consideration by
the Planning Board and City Commission.
Notice was sent to property owners of record within 200 feet of the subject property via fIrst
class mail on February 3, 2006.
On February 15, 2006, the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for its consideration at its
February 22, 2006 public meeting. The City Commission Inadt:: a final decision at its March 6,
2006 public meeting. The final decision of the proposed Preliminary SubdiVIsion Plat for a First
Minor Subdivision from a Tract of Recul.d must be made within (iO working days of the date it
was deemed complete, or in this case by ^ pril 17, 2006. 1 f the application is approved on
T\1arch 6, 2006, then it will have taken 30 working days.
E. Provision of easements for the location and installation of any planned utilities.
Staff is requuing the standard 1 O-foot public utility easement and an additiona12(} foot public
street and utility easement in the front yard of both lots for the provlsicl11 of utilities. Both
casements overlap one-another and are accurately depicted on the prelinunarv plat submittal
materials.
F. Provision of legal and physical access to each parcel.
Both proposed lots are alteady developed and will continue to gain access directly from North
Rouse A venue.
ORDlm.
After considering all matters of record presentcd at the public meeting, the Bozernan City
ComnusslOn found that the proposed subdivision would comply with the City of Bo/:cman Growth
Policy and the requirements of the City ofHozeman Unified Development" Ordinance and the Montana
SubdivislOl1 and Platting Act, if certain conditions were imposed. '['he t::vidence, as stated or referenced
in the Findings of I 'act,justifies the imposition of the condltions ordered herein tCI ensurc that the fInal
plat: complies with all applicable regulations and all required criteria.
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L~.?i?win First Mi~~r Su_?divisio~'f~om a Tract oTRec,?rd Findings';;TF?:_t and Ord~~'.=.__ #P~O?g52_~J
TTIEREFORI':, IT IS HEREBY ORDl'XlU) that the Preliminary Subdivision Plat of the
Baldwin Minor Subdivision for the property owners Kenneth and PlorenceBaldwin, applicant Kenneth
Robcrt Baldwin, and rcpresentativc Arrowhcad Surveying be approved, subject to the following
conditions:
Conditions of Approval:
L Unless the applicant can show that water rights or cash-in-lieu tbcreof was provided with
annexation, water rights or cash-in-lieu thereof, as calculated by thc Director of Public
Service, is cluc for the new lot with the final plat.
2. Executed waivcrs of right to protest creation of special improvement districts (SlDs) for a
park Inaintenance dIstrict shall be fikd and of record with the Gallatin C:ounty Clerk and
Recorder prior to final plat approval. A copy of the [lied documents shall be submitted with
the flnal plat.
., The final plat shall comply with the standards idcntified and rderenceclm the l.I nificd
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Development Ordinance. The applicant is advised that unmet code provIsions, or code
provisions that are not spcClfically listed as conditions of approval, does not, In any way,
create a waiver or other relaxation of the lawful reqUlrements of the Bozeman lvlunicipal
Code or state law.
4. Regarding thc 20 foot easement for North Rouse Avenue, revise the drawlllg label and the
ccrtificate text to read "20-foot wide Public Street ancl Utility Fasernent."
This City Commission order may be appealed by bringmg an action in the Eighteerlth District
Court of C~allatin County, within 30 days after the adoption of these Findings by the City Commission,
by following the procedures of Section 76-:)-()25, M.C.A Thc preliminary approval of this subdiviSIOn
shall be effcctive for one ycar from the daLe of adoption of these l'indings by thc CllY COmmJSSloll. 1\1'
the end of thIS period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Devc!oprnent Ord1Jlance.
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I Baldwin First Minor Subdivision from a Tract of Record Findings of Fact and Order #P-06001 I
DATED this I Sf_clay of May, 2006.
BOZI.:MAN CITY COMMISSION
BY~ tC[L-/
ATTEST: APPRC)VEi?> AS T() FORM:
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Devin LVI. Harbour Paul J. Luwc '. // V
Acting Clerk of the Comrnission City A ttoITley Ii
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