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HomeMy WebLinkAbout04- Stafford Villas Minor Subdivision i , . IStafford Villas Minor Subdivision Findings of Fact and Order # P-03037I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS ALPINE HOMES CONSTRUCTION, INC. OF FACT REPRESENTED BY MORRISON - MAIERLE, INC., AND ORDER FOR PRELIMINARY APPROVAL OF STAFFORD VILLAS MINOR SUBDIVISION. This matter came before the Bozeman Gty Commission on December 15, 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 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 three lot minor subdivision as submitted in its original form on October 9,2003, # P-03037. 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 panies 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 9, 2003, Alpine Homes Construction, Inc., represented by Morrison-Maierle, Inc., submitted an application for approval to create Stafford Villas Minor Subdivision, a minor subdivision dividing 0.34 acres into three (3) residential lots. The propeny is legally described as Lots 35 and 36, Valley West Subdivision in the NW 1,4 of Section 10, T2S, RSE, P:rvIM, Gty of Bozeman, Gallatin County, Montana. The subject propeny is zoned R- 3 (Residential Medium Density District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Repon with suggested conditions of approval, which was provided to the Gty of Bozeman Planning Board. -...-..--------------- - . - I Stafford Villas Minor Subdivision Findings of Fact and Order # P-03037I III. Notice of the time and date of the public meeting was posted at the site and sent to adjoining propeny owners on November 14, 2003. Said notices also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Depanment. The Gty of Bozeman Planning Board considered the application at a regular meeting on December 2, 2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Gty of Bozeman Subdivision Regulations and the Gty of Bozeman Zoning Ordinance. Staff reviewed the staff repon 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 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 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman Gty Commission at its regular meeting on December 15, 2003, at which time the recommendation of the Planning Board and information compiled by Gty staff was reviewed. V. The application was considered by the Bozeman Gty Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. E./fects on A griadture The existing two lots have been master planned and zoned for Residential development. The proposed subdivision into three residential lots will affect 0.34 acres, which is not currently utilized for agricultural uses. 2. E./fects on A griadtural Water Use F adlities There are no agricultural water uses on site or adjacent to the subject propeny. - 2 - . . I Stafford Villas Minor Subdivision Findings of Fact and Order # P-03037I 3. E./focts on LocalS erd.res Water/Sewer: Water services for Lots 35A and 35B will connect from Stafford Avenue. Water services for Lot 36A will connect from the open space area to the south along West Babcock Street. Sewer will connect from Stafford Avenue for Lots 35B and 36A and will connect from the alley for Lot 35A Police/Fire: The property falls within the Oty's emergency response boundary. Streets: No changes to streets are proposed with this application. Utilities: Appropriate easements will be obtained and noted on the Final Plat as required under Section 16.14.050 of the Gtyof Bozeman Subdivision Regulations. 4. E./fects on the Natural E miromrent There are no topographical or physical features (i.e., wetlands, streams, mature vegetation) that have been identified on the property. 5. E./fects on Wtldlife and Wtldlife Habitat Dividing the two lots into three lots will not have an effect on any potential wildlife or wildlife habitats. 6. E!fects on Public HfLllth and Safety. Since the development will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will not be an issue. Public safety shall be served as per the conditions of approval. B) COMPLIANCE WIlli SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF 1HE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision currently complies and will remain in compliance with survey requirements of the Act. - 3 - . . I Stafford Villas Minor Subdivision Findings of Fact and Order # P-03037I q COMPLIANCE WITH TIIE BOZEMAN SUBDIVISION REGULATIONS. The Final Plat will comply with the Subdivision Regulations with the reconunended conditions of approval outlined in the beginning of the Staff Repon. D) COMPLIANCE WITHTIIE REQUIRED SUBDIVISION REVIEW PROCESS. The Planning Board and City Commission hearings have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENfS FOR TIIE LOCATION AND INSTALLATION OF ANY PLANNED lffiLITIES. All utilities and necessary utility easements will be provided and depicted on the Final Plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EArn All three lots will have legal and physical access. ORDER Mter 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 of the Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if cenain 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. TIIEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Stafford Villas Subdivision for Alpine Homes Construction, Inc., be approved, subject to the following conditions: 1. All references to setbacks shall be removed from the Final Plat. 2. A building permit for two units on Lot 35A shall not be issued unless and until the City Commission grants approval of additional POO relaxations for lot width and lot area for two units in the R.3 zoning district. 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 cenification from the City - 4- - . .. ,~ IStafford Villas Minor Subdivision Findings of Fact and Order # P-03037I 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 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 Gty Commission's consideration. This Gty 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 Gty 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 Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. DA1ED this 5th day of April, 2004. COMMISSION By: AneW traro ATTEST: Mayor, City of Bozeman ~/~ Robin L. Sullivan derk of the Commission - 5 -