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HomeMy WebLinkAbout03- Steinhauer Minor Subdivision , Steinhauer Minor Subdivision Findings of Fact and Order #P-03006 . . - BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF DENNIS FINDINGS STEINHAUER REPRESENTED BY C&H OF FACT ENGINEERING & SURVEYING, INC., FOR AND ORDER PRELIMINARY APPROVAL OF STEINHAUER MINOR SUBDIVISION. This matter came before the Bozeman City Commission on April 21, 2003, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman Area Subdivision Regulations, the Bozeman 2020 Community Plan, and the Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a two lot minor subdivision as submitted in its original form on February 13,2003, #P-03006. The Commission held a public meeting 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 February 13, 2003, Dennis Steinhauer, represented by Mark Chandler of C&H Engineering and Surveying, Inc., submitted an application for approval to create Steinhauer Minor Subdivision, a minor subdivision dividing 0.25 acres into two (2) lots. The property is legally described as the east 77 feet of Lots 1 - 6, Block 16, Park Addition, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3-A (Residential Two Family, Medium Density District). j . Steinhauer Minor Subdivision Findings of Fact and Order #P-03006 . 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 ofthe time and date of the public meeting was posted at the site on March 16, 2003 and notices sent to adjoining property owners. Said notices also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. IV. The City of Bozeman Planning Board considered the application at a regular meeting on April 1, 2003. Due to a lack of a quorum, the Planning Board reviewed the application again on April 15, 2003. The Planning Board found that the application was properly submitted and reviewed under the procedures ofthe City of Bozeman Area Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff reviewed its report and the evidence which justified the imposition of conditions. The Planning Board then opened the public meeting. There were no members from the general public that spoke regarding the proposed subdivision. Receiving no response, the Planning Board closed the public meeting. 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 5 in favor and 0 in opposition. V. The application was considered by the Bozeman City Commission at its regular meeting on April 21, 2003, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. The application was weighed against the review criteria established by Statute, and found as follows: - 2 - - Steinhauer Minor Subdivision Findings of fact and Order #P-03006 . . -.. A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The Bozeman 2020 Community Plan designates this property as "Residential." This residential area does not support agriculture and therefore will not cause detriment to any agricultural land. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on site or adjacent from the property. 3. Effects on Local Services. Water/Sewer: Water service will connect from Curtiss Street and sewer service will connect from the alley to the south ofthe subject property. Police/Fire: The property falls well within the City's emergency response boundary. Streets: The new lot will gain access from South 4th A venue and the alley to the south of the subject property. Utilities: Appropriate easements will be obtained and noted on the final plat as required under Section 16.14.050 of the City of Bozeman Subdivision Regulations. 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 lot is currently developed with one single household residence. Dividing the lot is to allow for another residence within an established neighborhood and will therefore have little effect on any potential wildlife/wildlife habitat. - 3 - - . Steinhauer Minor Subdivision Findings of Fact and Order #P-03006 . .,'" 6. Effects on Public Health and Safety. Since the development will be serviced by municipal sewer, the threat of groundwater degradation from on site sewage disposal should be eliminated. The public safety shall be served as per conditions. B) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLA TIINO ACT. The subdivision complies or will comply with survey requirements of the Subdivision and Platting Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The final plat will comply with the regulations andthe recommended conditions of approval outlined in the beginning of the staff report. D) COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCESS. This application has complied with the required subdivision review process outlined in the Bozeman Subdivision Regulations. Noticing is not required with a first minor subdivision created from a tract of record. Courtesy Notices were sent out to property owners within 150 feet of the subject property. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION 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. Both lots will have legal and physical access. ORDER After considering all matters of record presented at the public meeting, the Bozeman City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements ofthe Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The - 4- . 8 . Steinhauer Minor Subdivision Findings of Fact and Order #P-03006 ~ ...... .... 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Steinhauer Subdivision for Dennis Steinhauer, be approved, subject to the following conditions: Standard Conditions for Aporoval: 1. Prior to issuance of a building permit, water and sanitary sewer services must be available to the proposed lot. 2. The final plat shall conform to all requirements of the Bozeman Area 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~-inch floppy disk; and five (5) paper prints. 3. 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. - 5 - . ... Steinhauer Minor Subdivision Findings of Fact and Order #P-03006 '" - DATED this 23rd day of June ,2003. BOZEMAN CITY COMMISSION ATTEST: APPROVW AS TO FORM: /~ "// ~ 7 ~~ ~~ a<<~ "1'~ Robm L. Sulhvan ,paul J. Lu .-- Clerk of the Commission City Attqrfiey - 6 -