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HomeMy WebLinkAbout04- Nielson Amended Subdivision ; . I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF JOHN FINDINGS NIELSON AND ROCHELLE DEAN REPRESENTED OFFACf BY C&H ENGINEERING & SURVEYING, FOR AND ORDER PRELIMINARY APPROVAL OF NIELSON AMENDED SUBDIVISION. This matter came before the Bozeman Gty Commission on :March 22, 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 Gtyof Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 2-lot second or subsequent minor subdivision as submitted in its original form on January 27,2004, P-04002. 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 January 27,2004, John Nielson and Rochelle Dean, represented by C&H Engineering & Surveying, submitted an application for approval to create a Second or Subsequent :Minor Subdivision of 0.65 acres into 2 residential lots. The property is legally described as Lot 1, Block C, :Marwyn - " . I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002 Rearrangement, Gty of Bozeman, Gallatin County, Montana. The subject property is zoned "R-1" (Residential Single-Household, Low 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. III. Notice of the time and date of the public meeting and public hearing was posted at the site on February 20,2004. Said notice 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 opened the public meeting on March 2, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff repon and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. Four neighbors spoke in opposition of the proposed subdivision. Upon further discussion of the neighbors' concerns the Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 4 in favor and 1 in opposition. A formal recommendation could not be forwarded to the GtyCommission since the regulations require 5 affinnative votes to forward a fonnal recommendation of either denial or approval. Therefore, the City of Bozeman Planning Board opened a second public meeting on March 16,2004. The Planning -2- .; . -' . I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P~04002 Board found that the application was properly submitted and reviewed under the procedures of the Gty of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. Two neighbors spoke in opposition of the proposed subdivision. Upon further diseussion of the neighbors' concerns 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 vote of 5 in favor and 1 in opposition. IV. The application was considered by the Bozeman Gty Corrnnission at its regular meeting on March 22, 2004, at which time the recommendation of the Planning Board and information compiled by Gty staff was reviewed. V. A Primary Review Criteria 1. Effects on Agriculture The property has been master planned for Residential development. The area that will be subdivided into a new lot been utilized forthe last 50 years as a large front/ side yard. The surrounding lots to the north and east have been developed with single- household residences. The public land to the south and west is used for park and recreation activities and also does not support agriculture. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities were identified. There are no known ditches or watercourses within 1,000 feet of the subject property. 3. Effects on Local Services Water/Sewer: A new %" water service and a new 4" sewer service connection are proposed and adequate for the use. -3- j . ~ . I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002 I Police/Fire: The propenyis well within the City's Police and Pirc cmcrgcncy response area. The propeny is within the response area for Fire Station 1 and located 0.8 of a mile from the fire station. Streets: Access for the existing and new lot is taken from ClUtiss Street. Utilities: A 10 foot proposed front yard utility easement is consistent with the existing private utility easement and the requirements outlined in the U.D.O. An existing 4" water main and 8" sewer main were installed in Curtiss Street to provide thc nccessary public infrastructure for the subdivision. 4. Effects on the Natural Environment A Memorandwn of Understanding must be entered into with the County Weed Board prior to submittal of the Final Plat. The house currently shares an irrigation well with the neighboring home on Lot 2. The propeny owners plan to disconnect the existing house and reconnect the irrigation system to the house being built on the new lot. The well must remain "irrigation only". The house cannot utilize the well for domestic purposes. 5. Effects on Wildlife and Wildlife Habitat There should be no impact on wildlife and wildlife habitat. The lot has been developed with a single- household residence for 50 years. The addition of another residence in an otherwise fully developed subdivision should not impact any possible wildlife and wildlife habitat associated with the neighboring public land. 6. Effects on Public Health and Safety The intent of the regulations in the Unified Development Ordinance is to protect the public health, safety and general welfare. The subdivision has been reviewed and determined to be in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff repon. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The propeny in question has been sillVeyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a Preliminary Plat in accordance with the state statute and the Bozeman Municipal Code. No additional information in the form of Plans & Specifications or any other public improvement repons were necessary with this subdivision. -4- , . ," . I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002_.J C. Compliance with the Bozeman Unified Development Ordinance. . Conditional approval of the preliminary plat shall be in force for not more than one calendar year, 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. . The FSP shall be adequately dimensioned. A complete legend of all line types used shall also be provided. . Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. . All existing utility and other easements must be shown on the FSP. . A platting cenificate (not more than 30 days old), 4 signed reproducible copies of the plat on a stable base polyester film, a copy of the plat on 2 double-sided, high density 3%-inch floppy disks or compact disks and 5 paper prints of the plat shall be submitted with a Final Plat application. . A Memorandum of Understanding shall be entered into with the Weed Control District prior to submitting the Final Plat. A copy of the MO.U. shall be submitted with the Final Plat application. . FYI: the existing light on the rear of the propeny may not be in compliance with the U.D.O. If the light is not in compliance then it must be brought into compliance by December 31, 2008. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. D. Compliance with the required subdivision review process. A Pre-Application Meeting was held on January 12, 2004. Subsequent to that meeting the applicant submitted a Preliminary Plat application January 27, 2004. The application was deemed complete on January 29, 2004. On February 10,2004 the Second/Subsequent Minor Subdivision was sent to the Development Review Committee forreview. On the third and final weekofD.R.C., on February 24, 2004, a favorable recommendation was forwarded for consideration by the City Commission for the -5- , .- - I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002 I two lot residential subdivision. Notice of the subdivision was submitted to the Bozeman Daily Chronicle for publishing on Sunday, February 22, 2004, the notice was sent out to owners of record within 200 feet of the subject property and a notice was posted on the site. On February 24, 2004 the subdivision staff report was drafted and forwarded with a reconunendation of approval to the Planning Board for consideration at its March 2, 2004 public meeting. The Gty Commission will make a final decision at its March 8, 2004 public hearing. Final decision for a Second/Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed complete or in this case by April 20, 2004. If the application is approved on March 8,2004 then it will have taken 29 working days. E. Provision of easements for the location and installation of any planned utilities. The plat indicates the required 10 foot front yard easement for private utilities. The water and sewer mains are already in place in the center of the Curtiss Street right of way. No additional easements were required with the subdivision of the subject property. F. Provision of legal and physical access to each parcel. The existing residence has a drive approach on Curtiss Street in the southwest comer of the property. A new access will be provided off Curtiss Street within 250 feet of the existing access. 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 Gty of Bozeman Growth Policy and the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, 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. TIIEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Nielson Amended Plat for the property owners John Nielson and Rochelle Dean, be approved, subject to the following conditions: -6- ~ - I Nielson Second or Subsequent Minor Subdivision Findings of Fact and Order #P-04002 I Conditions of Approval: 1. The existing shed shall be moved outside of the 20 foot front yard setback. The structure must be moved or razed prior to final plat approval. 2. The applicant shall record an instrument merging the two parcels created by the vacation of Cuniss Street with Lot 1 before filing the final plat. 3. The ownership conflict with thc Title Report shall be reviewed by the City Attorney's Office prior to final plat. This Gty Commission order may be appealed by bringing an action in the Eighteenth District Coun of Gallatin County, within 30 days afterthe adoption of these Findings by the GtyCommission, by following the procedures of Section 76-3-625, MeA The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings by the Gty Commission. At the end of this period the Gty Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. DA lED this 7th c1ayof June ,2004. B~MW~ B. /~ An . Cetraro, l'v1ayor ~T' .oJ~~~ Robin L. Sullivan Oerk of the Commission -7- iii