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HomeMy WebLinkAbout03- Bridger Creek Major Subdivision . . (Amended Plat of Lots 42-1 to 42-8 of Bridger Creek Major Subdivision Findings of Fact and Order #P-02055 I BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF VV FINDINGS PARTNERS, L TD REPRESENTED BY MORRISON- OF FACT MAIERLE, INC., FOR PRELIMINARY APPROVAL AND ORDER OF THE AMENDED PLAT OF LOTS 42-1 TO 42-8 OF BRIDGER CREEK MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on February 18, 2003, 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 Bozeman Subdivision Regulations, Adopted Growth Policy, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a five lot major subdivision as submitted in its original form on December 6,2002, P-02055. 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 December 6, 2002, VV Partners, L TD represented by Morrison-Maierle, Inc., submitted an application for approval to create the Amended Plat of Bridger Creek Subdivision, a major subdivision aggregating 8 existing residential lots into 5 lots on 0.84 acres. The property is legally described as Amended Plat of Lots 42-1 through 42-8 of the Amended Plats of Lots 41 and 42, Bridger Creek Subdivision, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3 (Residential Medium Density District). . . Amended Plat of Lots 42-1 to 42-8 of Bridger Creek Major Subdivision Findings of Fact and Order #P-02055 II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval, which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on January to, 2003. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board opened the public meeting on February 4,2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public hearing. No one from the general public spoke regarding the proposed subdivision, the Planning Board closed the public hearing. The City of Bozeman Planning Board then moved to recommend approval ofthe subdivision with conditions as recommended by Staff and passed on a unanimous vote of 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on February 18, 2003, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The adopted Growth Policy has classified this property as Residential and therefore the subdivision is consistent with the City's land use plan. The residential area does not support agriculture and therefore will not cause detriment to any agricultural land. - 2 - .. . . Amended Plat of Lots 42-1 to 42-8 of Bridger Creek Major Subdivision Findings of Fact and Order #P-02055 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on site or adjacent to the property. 3. Effects on Local Services. Water/Sewer: The existing water and sewer taps will need to be capped and relocated to service the aggregated lots. Police/Fire: The property falls within the City's emergency response boundary. Streets: The new lot will gain access from Valhalla Court, which is accessed from Boylan Road. Both streets were previously constructed with the original subdivision. Utilities: The utility easements have been identified as 12 feet in the front and 10 feet in the rear yard. The lot on the comer has an additional side yard easement of 12 feet. 4. Effects on the Natural Environment. There are no known topographical or physical features (i.e., wetlands, streams, mature vegetation) that have been identified on the property. 5. Effects on Wildlife and Wildlife Habitat. The lots to the east and west have already been developed. Aggregating and developing the lots will allow for additional residences within an established neighborhood and will therefore have little effect on any potential wildlife/wildlife habitat. 6. Effects on Public Health and Safety. Since municipal sewer will service the development, the threat of groundwater degradation from on site sewage disposal should be eliminated. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The final plat will comply with the regulations with the recommended conditions of approval outlined in the beginning of the staff report. D) COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TlON OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided and depicted on the final plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. The new lots will provide adequate access to any potential development. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the adopted Growth Policy and the requirements of the Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as - 3 ~ .. . .. Amended Plat of Lots 42-1 to 42~8 of Bridger Creek Major Subdivision Findings of Fact and Order #P-02055 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Amended Plat of Bridger Creek Major Subdivision for VV Partners, LTD, be approved, subject to the following conditions: 1. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3'i2-inch floppy disk or compact disk; and five (5) paper prints. 2. Conditional approval ofthe preliminary plat shall be in force for not more than three calendar years, as provided by state statute. 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 City Commission's consideration. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval ofthis subdivision shall be effective for three years from the date of adoption ofthese Findings by the City Commission. At 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 Subdivision Regulations. DATED this 3rd day of March, 2003. BOZEMAN CITY COMMISSION By: A- ~. Stev~R. Kirchho., ayor ATTEST: 9~J ~~ Robin L. Sullivan Clerk of the Commission -4-