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HomeMy WebLinkAbout05- Village Downtown PUD Subdivision . BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF VILLAGE INVESTMENT GROUP, INC., OWNERS, FOR PRELIMINARY FINDINGS APPROV AL OF THE AMENDED PLAT OF VILLAGE OF FACT DOWNTOWN PUD SUBDIVISION AND ORDER This matter came before the Bozeman City Commission on February 7, 2005, 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 2020 Community Plan, and Bozeman Unified Development Ordinance. The applicant/owner presented to the Commission a proposed Preliminary Plat to reduce the number of residential townhouse lots from 32 to 28, as submitted in its original form on November 16,2004, (#P-04059). 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. [t 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 November 16,2004, the applicant / owner, Village Investment Group, Inc., 101 East Main Street, Bozeman, MT 59715, submitted an application for approval to subdivide the Amended Plat of ViIlage Downtown PUD Subdivision, a major subdivision to reduce the number of residential townhouse lots from 32 to 28 on - 8 acres of property zoned "R-O" (Residential Office District). The property is legally described as Lots 101 thru 145, VilIage Downtown PUD Subdivision, and is situated in the NE l;4 of Section 7 and the NW l;4 of Section 8, T2S, R6E, PMM, GaIlatin County. City of Bozeman, Montana. II. The comments ofthc 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 Bozeman Planning Board. III. Notice of the time and date ofthe public meeting and public hearing was posted at the site. Notice of the time and date ofthe public hearing was published in the Bozeman Daily Chronicle on January 16,2005. 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 January 19,2005. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public meeting. There was no comment from the general public. Recciving no response, the Board closed the public hearing. This Board discussed the reasons for reducing the number oflots. The Board discussed the conditions, and agreed that the conditions outlined in the staff report were necessary. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval ofthe subdivision with the conditions as recommended by Staff, passed on a vote of 8 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on February 7,2005, at which time the recommendation ofthe Planning Board, presented in Planning Board Resolution # P-04059, 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 reasons for reducing the number of lots. V. The application was considered by the Bozeman City Commission and weighed against the review 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. 1. Effects on Agriculture. The subject property is currently not used for any agricultural purposes, nor is there any adjacent farm operations. 2 . . . 2. Effects on Agricultural Water User Facilities. The Mill Ditch Diversion runs through the southwest corner of the property and borders the property on thc west and north sides. The ability of the Mill Ditch Diversion to transport agricultural water will not be adversely impacted. A portion of the stormwater will be retained in detention ponds prior to being transferred to the Mill Ditch diversion. Design and specifications for this have been provided to the Engineering Department. 3. Eflixts on Local Services. Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal water and sewer systems. Streets: Access to the subdivision will be from the existing Village Downtown Boulevard and Village Crossing Way. 4. Effects on the Natural Environment. Stormwater and drainage was addressed in the original preliminary plat application, Village Downtown PUD Subdivision and previously provided to the Engineering Department for review. The required floodplain permit was obtained previously. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildl{fe Habitat. Due to its historical uses and the development of surrounding lands, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. f.-.Ylects on Public Health and Safety. Because municipal sewer will service development in the subdivision, the threat of groundwater degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision complies or will comply with survey requirements of the 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 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 of the Unified Development Ordinance and shall be addressed on the final plat: a. The Final Plat shall conform to all requirements of the 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 3 . .. . public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall i nelude four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. b. 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. c. If it is the developer's intent to file the plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, 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 information and conditions of approval. If the 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. d. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. 3. The local subdivision review procedure provided for in Part 6 ofthe Montana Subdivision and Platting Act. The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required in the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property owners by certified mail on January 11,2005. The proposed project was noticed in the Bozeman Daily Chronicle on January 16,2005. e. 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. 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. All lots within the subdivision will have direct access to the dedicated public 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, 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 4 . . . . regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Amended Plat of Village Downtown PUD Subdivision, for Village Investment Group, Inc., be approved subject to the following condition: 1. Street cut permits and the associated fees will be required for the abandonment of the water services. 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. The preliminary approval of this subdivision shall be effective for three years from the date of adoption ofthese 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 4th day of Apri 1 ,2005. BOZE ATTEST: APPROVED AS TO FORM: @.z .b~ ~/'~'.fc.a Tim cooper. . ' Robin L. Sullivan Clerk of the Commission Staff Attorney 5 -------