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HomeMy WebLinkAbout04- Jeffrey Radick and James Esperti . . . n.._..'...._.._._____...."'. ..________m__."'.________....... _. .... __.___m_______..._..n__.._..__._._......_........ Radick Minor Subdivision Findings of Fact and Order #P-03040 .. ....n__..________._...... ......----.-.-..--....... . n.", _.._____._..._.._.....". - . _. _m_._____________._....... _.__ BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS JEFFREY RADICK AND JAMES ESPERTI OF FACT REPRESENTED BY GASTON ENGINEERING & AND ORDER SURVEYING., FOR PRELIMINARY APPROVAL OF RADICK/DIAMOND ESTATES SUBDIVISION. This matter came before the Bozeman Gty Commission on January 5, 2004, 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 Gty of Bozeman Subdivision Regulations, Gty of Bozeman Growth Policy, and Gty of Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 2~ lot minor subdivision as submitted in its original form on October 21, 2003, P-03040. 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 detennine 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 October 1, 2003, Jeffrey Radick and James Espeni, represented by Gaston Engineering & Surveying, submitted an application for approval to create a Second/Subsequent Minor Subdivision of 0.5 acres into 2 residential lots. The property is legally described as Lot 1, Block 1, . . _n______...... ..----...--..........---.-....... -.......-."'... Radick Minor Subdivision Findings of Fact and Order #P-03040 ....-"..-.------.....---..". _....... __ __... n,_"..,.,_.,. Diamond Estates Subdivision, Gty of Bozeman, Gallatin County, Montana. The subject property is zoned "R_3_ A" (Residential Two-Household, Medium Density District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incolporated 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 November 14, 2003. 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 December 16, 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 Planning Board then opened the public meeting. No one from the general public spoke regarding the proposed subdivision, and the public meeting was closed. The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a unanimous vote of 8 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on January 5, 2004, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. - 2 - . . . . .--..--...-.-..---....-...".... " _......_............_n.._.__.....__.._.... . ....-. .....---... ..-.... Radick Minor Subdivision Findings of Fact and Order #P~03040 . "...._....__..__n_....... ... ....--.......-...---.... ......-..-.... V. A PRIMARYREVIEWCRlTERIA 1. E ffeas on A griadture The property has been designated Residential in the adopted growth policy which does not plan for agricultural uses. The creation of another residential lot should not be detrimental to adjacent agriculture since subdivision would allow for a higher density development on a currently oversized city lot. 2. Effeas onAgriadtural Water User Fadlities There are no known watercourses that run through or adjacent to the subject propeny. 3. E ffeas on Local Serd.a3 Water/Sewer: A 6" water main and an 8" sewer line runs down Meagher Avenue. Police/Fire: The property falls within the Citis emergency response boundary. Additional concerns regarding safety will be minimized with improvements to Durston Road. Streets: Primary access will be provided to the lots from Meagher Avenue via Durston Road. Durston Road will be expanded to a minor arterial in the near future. Utilities: The final plat will need to note the standard utility easements of 12 feet in the front yard and 10 feet in the rear yard. The rear yard easement can only be reduce or removed if written confirmation from all of the utility companies is provided to the Planning Department. 4. E ffocrs on the Natural E mironrrmt Surface run off is directed to the north end of Diamond Estates Subdivision. Two retention ponds were installed at the terminus of the street. Additionally, there are no watercourses on or directly adjacent to the property. Therefore, there should be no negative impacts on the natural environment. 5. E ffeas on WUdlife and WUdlife HabitAt Diamond Estates was platted in 1999 with the existing residence carved out as Lot 1, Block 1. The duplexes were constructed shortly thereafter. The subdivision of the subject property will allow construction of another residence between two existing buildings. Therefore, there should be no adverse impact on wildlife and wildlife habitat. - 3 - . - ... ....._....._nn....___....._...___ . .-..--.-".----.....-"....-... Radick Minor Subdivision Findings of Fact and Order #P-03040 _.. _.__n....__....._... 6. E ffeas on Pub/if: Health and Safety The Development Review Committee reviewed the Preliminary Plat application and based on their assessment have provided recommended conditions of approval to ensure public health and safety. There are no findings that would indicate that the subdivision will affect public health and safety. B. CoMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT The subdivision complies or will comply 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 REQUIRED SUBDIVISION REVIEW PROCESS The Planning Board meeting and the Gty Commission meeting have been properly noticed, as required in the Subdivision Regulations. E. 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. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL Access for both lots will be provided from Durston Road. ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Commission found that the proposed subdivision would comply with the adopted Growth Policy and the requirements of the Gtyof Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the 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 cntena. - 4- . - '- . ........ -..... Radick Minor Subdivision Findings of Fact and Order #P-03040 . .n ..___.__._...... ..... -....-.--....-.-....-.-.- TI-lEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Radick/Diamond Estates Minor Subdivision for the propeny owners Jeffrey Radick and James Esperti, be approved, subject to the following conditions: Conditions of Approval: 1. City standard residential sidewalks along the Meagher Street frontage shall be financially guaranteed or constructed prior to Final Plat approval. The sidewalk along the Lot lA frontage shall be installed prior to issuance of a building pennit on Lot lB. The sidewalk along the Lot IB frontage shall be installed prior to occupancy of any structure on the lot. Upon the third anniversary of the plat recordation of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 2. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 3. 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 four (4) 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 or compact disk; and five (5) paper prints. 4. Conditional approval of the 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 Conunission's consideration. This City Commission order may be appealed by bringing an action in the Eighteenth District Coun 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, MCA The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings by the City Commission. At the end of this period the City Conunission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. - 5 - 4 .. w . I .......---------...... I Radick~i_~~~~~~~ivision Findings of Fact and ?rd~r #P-03040 i DA1ED this 5th day of April, 2004. I BOZEMAN a COMMISSION I I ut - ~ By: . Andv L. Cetraro, Mayor ATTEST: ~si:~ Oerk of the Commission APPROVED AS TO FORM - 6 -