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Home My WebLink About05- Story Mansion Minor Subdivision . , . Story Mansion Minor~~bdivisioh Findinp;s'o(E~qt.~i:li.@(91;l1f #P~05014 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF THE CITY OF FINDINGS BOZEMAN, P.O. BOX 1230, BOZEMAN, MONTANA, 59771, OF FACT FOR PRELIMINARY PLAT APPROVAL OF THE STORY AND ORDER MANSION MINOR SUBDIVISION. This matter came before the Bozeman City Commission on May 16, 2005, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated (11CA), the City of Bozeman Unified Development Ordinance, and the City of Bozeman 2020 Community Plan. The Commission was presented with a proposed Preliminary Subdivision Plat for a First Minor Subdivision from a Tract of Record to aggregate 26 lots and their apportioned alley as submitted in its original form on April 5, 2005. The Commission reviewed the proposed preliminary plat at a public meeting 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 denied. 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 April 5, 2005, the City of Bozeman, P.O. Box 1230, Bozeman, Montana, 59771, submitted an application for approval of a Preliminary Subdivision Plat for a First Minor Subdivision from a Tract of Record to aggregate 26 lots and their apportioned alley. The property is legally described as Lots 1-26, Block 3, Butte Addition to the City of Bozeman and is located in the northwest quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian of Montana, Gallatin County, Montana and is zoned R-l (Residential Single-Household, Low Density District). . . Story MansIon ~~~:::$4bdivision FindingsofFact~~i:::::!iill~i~lt #P-05014 II. The comments of the Development Review Committee, along with those of Department of Planning & Community Development Staff, were incorporated into a staff report with no conditions of approval recommended, which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of the public meetings was mailed to adjoining property owners and posted at the site on April 18, 2005. Said notice was also printed in the newspaper on April 17 , 2005. Said notices served to inform interested persons that materials were available for review at the Bozeman Department of Planning & Community Development. The City of Bozeman Planning Board opened the public meeting on May 3, 2005. 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 report and the evidence, which justified a recommendation of approval. The Planning Board then opened the public meeting. No members of the public testified regarding this matter. The Planning Board then closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision and the motion failed upon a vote of 3 in favor, 3 in opposition and 2 abstaining. Therefore, the City of Bozeman Planning Board forwarded a recommendation of denial to the Bozeman City Commission. IV. The application was considered by the Bozeman City Commission at its regular meeting on May 16, 2005, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: -2- . ~~~1iYJW:liQsj()n M!p()rSlij;jQjvi~i()Q,Jlindjngs of Fact and Order #P-05014 A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The proposed subdivision is a First Minor Subdivision from a Tract of Record and is therefore exempt from review against these primary review criteria. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currendy complies and will remain in compliance 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 here, 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) Approval of the preliminary plat shall be in force for not more than one (1) calendar year, as stated in Section 18.06.040.D.6. Prior to that expiration date, the applicant may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. (b) The [mal plat submittal shall be in conformance with Section 18.06.060 "Final Plat Application" and Section 18.78.070 "Final Plat" and shall include four (4) s%>1led mylars (or equivalent); two (2) digital copies on a double~sided, high density 3Yz-inch floppy disk or compact disk; and fIve (5) paper prints. (c) Section 18.42.060.B requires all utility easements to be noted on the Final Plat. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the City Commission meeting were properly noticed, as required in the Unified Development Ordinance. -3- .. . Story MansiOll1v1inorS4b<li&tllll)n F'intiimgspfFact and Order #pc05014 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. D. The provision oflegal 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 conceming the parcel The resulting lot will have frontage on four public streets, including South Willson Avenue, South Grand Avenue, West College Street and West Harrison Street. 'Iberefore, legal and physical access will be provided. ORDER After considering all matters of record presented at the public meeting, the Bozeman City Commission found that the proposed subdivision would comply with the adopted Growth Policy, the requirements of the City of Bozeman Unified Development Ordinance, and the Montana Subdivision and Platting Act. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of any requirements ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for the Story Mansion Minor Subdivision, proposcd by the City of Bozcman, P.O. Box 1230, Bozeman, Montana, 59771, to allow the aggregation of 26 lots and their apportioned alley be approved. 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, MCA. 1be preliminary approval of this subdivision shall be effective for one year 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 June ,2005. A- . "' .. S toryti.4~i::i$\~bilV;i,l?l'~!i!];1I,pvision Findings of:a~ij~ii:i~i::iliii:lli(J.C'!,t. #1'-05014 CITY COMMISSION By: Andre ATTEST: APPROVED AS TO FORM: (J~/ ~ ../ f1J 1!;ut /)1 -<<U If/ Robin L. Sullivan Paul J. Luw Clerk of the Commission City Attorney -5-