The URL can be used to link to this page

Home My WebLink About03- Northern Rockies Major Subdivision . . .. iinarSuodivision ofNorthernl%~~i~$.iiajar Subdivision PUD FindingsofF1adt~IiI).I~def #P~(j3(j16 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS CAMPBELL, LLC AND GARY F. LUSIN, LLC, OF FACT REPRESENTED BY BAYLISS ARCHITECTS, P.c. AND ORDER FOR THE PRELIMINARY PLAT APPROVAL OF THE MINOR SUBDIVISION OF THE AMENDED PLAT OF NORTHERN ROCKIES MAJOR SUBDIVISION PUD. This matter came before the Bozeman City Commission on July 7, 2003, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Code Annotated, and the City of Bozeman Subdivision Regulations, adopted Growth Policy, and City of Bozeman Zoning Ordinance. The applicant presented to the Commission a Preliminary Subdivision Plat Amendment to an approved seven-lot major subdivision as submitted in its original form on April 21, 2003, P-03016. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, and the recommendation of the planning board, to determine whether the subsequent minor subdivision 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 1. On April 21, 2003, Campbell, LLC and Gary F. Lusin, LLC, represented by Bayliss Architects, P.C., submitted an application for a subsequent minor subdivision for Northern Rockies Subdivision, a Planned Unit Development, to further subdivide two lots and realign the boundaries of a third lot. The property is legally described as Lots 4, 5 and 7, Northern Rockies Subdivision -1- ,; . ~ inor Subdivision ofNortM~~:::~iilg',lesMajor Subdlvi:sl()il:~f1itl9ings of Fact and Order PUD, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office District). 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 and also published in the Bozeman Daily Chronicle on June 22, 2003. Said notice also served to inform interested persons that materials were available for review at the City of Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on June 17, 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 its report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subsequent minor subdivision and agreed to all conditions except condition #1 presented in the staff report. The Planning Board then opened the public hearing. There were no comments from the general public in favor of or in opposition to the proposed subdivision amendment. Receiving no response, the Planning Board closed the public hearing. The Planning Board then voted on the motion regarding approval of the subsequent minor subdi vision. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a vote of 8 in favor and 1 in opposition. -2- . . ~ Maj or Suoro\lisiQll PtJD Findings of Fact andb1"dei #P-03016 IV. The application was considered by the Bozeman City Commission at its regular meeting on July 7, 2003, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. The City Commission weighed the application against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property and adjacent properties are within an urban planning area thus agricultural uses are limited. Therefore, the development of this property as permitted under the zoning and the growth policy designation will not impact agriculture. The further subdi vision of the lots will not have an adverse impact on agriculture. 2. Effects on Agricultural Water User Facilities. All of the lots will be hooked up to city water. The further subdivision of the property will not affect adjacent agricultural water users. 3. Effects on Local Services. Water/Sewer: Water and sewer have already been installed for the subdivision. The additional lots will require the installation of additional service lines to the new lots in accordance with city standards. Police/Fire: The property falls within the City's emergency response boundary. The Department of Public Safety commented that the Bozeman Police Department would provide law enforcement services to the area by prioritizing calls for service based on the nature of the calls. The amount of daytime traffic may have an impact at the intersection of -3- i . < ':!inpr $ubdi vlsioh ot'N,orl:hern RockiesM:~j(5~:S~~~,i,~i!')!l,l"UD Findingso{Fact 8ridbtdet <;,::<,' ','.." " ' :'" " ',',,,::,::;:,,:y::,,: Highland Boulevard and Ellis Streets, necessitating the possible installation of traffic control devices in the near future. Streets: During the original review of the subdivision city staff had contemplated the completion of Ellis Street to Comstock Apartments. The City Engineer at the time had made the decision that as a condition of approval that Ellis Street be constructed to half a local street standard only as far as the east property line. At the time the subdi vision also depicted three drive approaches into the subdivision. Since then the plan has been modified to eliminate the middle access onto Ellis Street leaving only the east and west accesses. The Fire Department is concerned about the increased response time without secondary access to the site from Haggerty Lane due to the state of the road east of the property. The fire trucks and most of the city vehicles are not equipped to traverse the road in inclement weather. The Water and Sewer Department is troubled by the limited ability to access utilities in Ellis Street primarily during road closures fOffepair and maintenance on Highland Boulevard. Given the increasing traffic demands in the area staff has also recommended that conditional approval ofthe preliminary plat be in force for only one calendar year rather than up to three years as permitted. State statute requires preliminary plat approval be in force not more than three years and not less than one year. Utilities: The utilities were previously installed with the original subdivision. 4. Effects on the Natural Environment. All of the necessary permitting required by the Montana Department of Fish, Wildlife and Parks, Soil Conservation Service, MDEQ, and Army Corps of Engineer's was addressed prior to the initial final plat approval. 5. Effects on Wildlife and Wildlife Habitat. There are no foreseeable impacts on wildlife and wildlife habitat associated with allowing the further subdivision of the lots. -4- . r inor Si.li;ll:!l-visiM of NortherrtlRoc~~s:Major Subdivisio>>'P~lFliiqin~sof:FaCtand:Order #P-03016 6. Effects on Public Health and Safety. The public safety shall be served as per conditions, occupancy will not be permitted until all remaining infrastructure improvements have been completed and accepted. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The proposal, with the recommended conditions, is in compliance with the Bozeman Municipal Code. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required in the City of Bozeman Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements were provided and depicted on the final plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. All lots within the subdivision will have legal and physical access to the private street running through the subdivision. G) COMPLETION OF IMPROVEMENTS. If the City Commission approves further subdi vision of the property with the recommended conditions from staff then the improvements to Ellis Street must be completed prior to occupancy of the any buildings on Lots 4, 5 and 7. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision amendment would comply with the adopted Growth Policy and -5- . .~ inor SubdiVis!iii~~~'~~rthem Rocl,(i,s.:fI.!l~J~fStibdivision PUD Findings'of+Fl!Pt'~d"Cler #P-03016 the requirements of the City of Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the City of Bozeman Zoning Ordinance, 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat Amendment of Northern Rockies Subdivision for Campbell, LLC and Gary F. Lusin, LLC, be approved, subject to the following conditions: 1. The remainder ofthe unimproved Ellis Street, located east of Northern Rockies Professional Center shall be designed to a full local street standard and constructed to a 32-foot width with cub, gutter and sidewalk along the south side. All required street improvements including curb, gutter, sidewalk and any necessary storm drainage infrastructure shall be constructed or financially guaranteed prior to Final Plat approval. No occupancy permits shall be issued for development associated with Lots 4, 5 and 7 prior to completion and City of Bozeman acceptance of said infrastructure improvements. 2. The plans and specifications for Ellis Street improvements, prepared by a Professional Engineer (PE) registered in the state of Montana, shall be provided to and approved by the City Engineer's Office. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 3. The final plat shall conform to all requirements ofthe Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including a platting certificate, and all required 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 3Yz-inch floppy disk or compact disk; and five (5) paper prints. 4. Conditional approval of the preliminary plat shall be in force for one calendar year. 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. -6- ~ .. .. inQr. Subaivi;~il!ill:,i:)f......i:)rthem Rockies..MaJQT"SlItb.cllYisi;Qn,.~...Y.:.~"l.'!.~~~~~~Y!i)~,.j;:Ililii..ai:lif."llider #P-03CH6 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. DATED this 11th day of Auqust 2003 . BOZEMAN CITY COMMISSION By:-i1' K~ Stev n R. Kirchhoff, Mayor ATTEST: r?~ oY ~ Robin L. Sullivan . Clerk of the Commission -7-