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HomeMy WebLinkAbout04- Thulin First Minor Subdivision . \ . BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF MONTANA PARTNERS I, LLC, (W ALTER THULIN AND ED THULIN), FINDINGS OWNERS, REPRESENTED BY ALLIED ENGINEERING, INC., OF FACT FOR PRELIMINARY APPROVAL OF THULIN FIRST MINOR AND ORDER SUBDIVISION This matter carne before the Bozeman City Commission on October 18, 2004, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes AmlOtated, the Bozeman 2020 Community Plan, and Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a first minor subdivision to subdivide ~ 9.03 acres into one (1) lot for future development, as submitted in its original form on September 7,2004, (#P-04047). 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 September 7, 2004, the applicant / owner, Montana Partners I, LLC, (Walter Thulin and Ed Thulin), P.O. Box 2871, Jackson, WY 83001, and represented by Allied Engineering, Inc., 32 Discovery Drive, Bozeman MT 59718, submitted an application for approval to create a first minor subdivision to subdivide ~ 9.03 acres into one (1) lot for future development on property zoned R-4 (Residential High Density District). There are no park dedication requirements for a minor subdivision pursuant to Section 18.50.020 of the Bozeman Unified Development Ordinance. This proposed subdivision would address the provision of affordable housing during development when the entire parcel will be developed as multi- . ~ . household condominiums (or affordable housing complexes) pursuant to Section 18.42.180.C.5 of the Bozeman Unified Development Ordinance. The property is legally described per Page 1010, Film 71 ofthe Records of Gallatin County lying in the SE ~ of Section 8, T2S, R6E, PMM, Gallatin County, City of Bozeman, Montana. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report with no suggested conditions of approval, which was provided to the Bozeman Planning Board. Ill. Notice ofthe time and date ofthe public meeting and public hearing was sent to the adjacent property owners on October 1, 2004. Neither posting the notice at the site nor publication in the newspaper is require for a first minor subdivision. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on October 5, 2004. The First Minor Subdivision Preliminary Plat Application was placed on the City of Bozeman Planning Board Consent Agenda. No members ofthe City of Bozeman Planning Board or public asked to remove the application from the City of Bozeman Planning Board Consent Agenda. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with no conditions as recommended by Staff, passed on a vote of7 in favor and o in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on October 18,2004, at which time the recommendation ofthe Planning Board, presented in Planning Board Resolution # P-04047, and information compiled by City staff was reviewed. The applicant made a formal presentation in favor of the requested subdivision. There was no comment from the general public. The Commission discussed the issue of the 1ine-of-sight transmission from the Burrup Lift Station to the Kenyon Drive Tan1e The Commission agreed that this item could be addressed during the site plan reVIew process. V. The application was considered by the Bozeman City Commission and weighed against the review 2 . '. criteria established by Statute, and found as follows: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is currently used for pastureland. However, the property has been master planned for Suburban Residential development. The urban density development will replace the existing agricultural uses. Municipal water, sewer, roads and emergency services will be provided to the property. Sufficient water, sewer and street capacity exist to support the additional urban densities. B. Compliance with the following: 1. The survey requirements provided for in Part 4 ofthe Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements ofthe Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Bozeman Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards ofthe Bozeman Unified Development Ordinance and shall be addressed on the final plat: . 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 Commission's consideration. . If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal infonnation and conditions of approval. Ifthe Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. . The final plat shall conform to all requirements ofthe Bozeman Unified Development Ordinance 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 certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or 3 . . " .. equivalent); two (2) digital copies on a double-sided, high density 3 Y2-inch floppy disk or compact disk; and five (5) paper prints. . Thc applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each ofthe conditions of preliminary plat approval has been satisfactorily addressed. . Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat. The following original conditions ofapproval will need to be addressed at the time of future development: . Subdivider shall install a bike 1ane/boulevard trail (unless another type oftransportation pathway is determined to be more appropriate) along Haggerty Lane in accordance with the standards contained in the Greater Bozeman Area Transportation Plan 2001 Update, and shall conform to City specifications. . Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types offoundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. . For residential condominiums, unless otherwise provided through the subdivision or planned unit development review process, is an amount of open space equal to that required by 18.50.020, BMC for the proposed number of dwelling units set aside within thc project boundaries, and configured for active recreational use by the residents of the project or has the developer proposed to provide its equivalent as may otherwise be allowed by this title. This is 0.03 acres per dwelling unit. . MDT will have to review, approve and permit any access, encroachment or crossing of MDT right of way. This would include the two apparent access points on Haggerty Lane. . No additional storm water runoff will be allowed into Intcrstate 90 right of way. 3. The local subdivision review procedure provided for in Part 6 ofthe Montana Subdivision and Platting Act. The Planning Board and City Commission hearings have been properly noticed, as required in the Bozeman Unified Development Ordinance. C. The 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. 4 . ~ .. . D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel The lot will have direct access to the dedicated public and/or private streets. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Montana Subdivision and Platting Act, and the Bozeman Unified Development Ordinance, with no conditions imposed. The evidence, as stated or referenced in the Findings of Fact, ensures that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Thulin First Minor Subdivision, for Montana Partners I, LLC, (Walter Thulin and Ed Thulin), be approved with no conditions. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after t he adoption 0 f 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 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 Unified Development Ordinance. DATED this 20th day of December ,2004. BOZmJ/ 1\ ~. CITY COMMISSION ~~/ ~I-" . "- By: .. j\ 1\\ An~w Cetraro, Mayor (2Z: ;z/Ld1~ , APPROVED AS TO FORM: --;:---0. f(.~ Robin L. Sullivan Tim Cooper Clerk of the Commission Acting City Attorney 5