HomeMy WebLinkAbout02- Bridger Peaks Town Center
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BRIDGER PEAKS FINDINGS
LLC REPRESENTED BY MORRISON MAIERLE, INC., FOR OF FACT
PRELIMINARY APPROVAL OF BRIDGER PEAKS TOWN AND ORDER
CENTER MINOR SUBDIVISION.
This matter came before the Bozeman City Commission on May 20,2002, 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 Bozeman Area Subdivision Regulations, Bozeman 2020
Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a
proposed Preliminary Subdivision Plat for a two lot subsequent minor subdivision as submitted in its
original f0l111 on March 22, 2002, and idcntified as application numbcr P-02014. 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 ofthe plam1ing board, to dctermine
whether the plat should be approved, conditionally approvcd, or disapproved.
It appeared to the Commission that all parties wishing to appcar 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 March 22, 2002, Bridger Peaks LLC represented by Monison Maierlc, [nc., submitted
an application for approval to create a subsequent minor subdivision dividing 2.0S acres into two
(2) lots. The property is legally described as Lot la, of the Amended Plat of the Amended Plat of
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Lot 1 and Lot 2a of Phase 1 of the Bridger Peaks Town Center Subdivision, City of Bozeman,
Gallatin County, Montana. The subject property is zoned B-2 (Community Business District).
II.
The comments of thc Development Review Committee, along with those of Plmming &
Community Dcvelopment Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the City of Bozeman Plmming Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the sitc on
April 19, 2002. Said notice also served to infonn interested persons that materials were available for
review at the Bozeman Planning & Community Development Department.
The City of Bozeman Plmming Board opened the public meeting on May 7,2002 in order to
consider the application at its regular meeting. The Planning Board found that the application was
properly submitted and reviewed under the procedures of the City of Bozeman Area Subdivision
Regulations and the City of Bozeman Zoning Ordinance. The staff report and the evidence which
were provided to the Planning Board for their review several days prior to the public mceting did
not require the imposition of conditions of approval but did require inclusion of corrected certificates
to comply with regulatory requirements.
No representative for the applicant was present and no members ofthe public were present to
address the application.
As there wcrc no conditions of approval required and no membcrs of thc public present
regarding this application the City of Bozeman Planning Board then moved to recommend approval
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^e!il:~€?E:fR I "-""..., ","",',' ofthe subdivision with adjustments to meet code requirements as recommended by Staff and passed
on a unanimous vote of 6 in favor and 0 in opposition.
IV.
The application was considered at the regular meeting held on May 20,2002 ofthe Bozeman
City Commission and weighed against the review criteria established by Statute, and found as
follows:
Al PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
None, the area to be subdivided is currently in commercial use.
2. Effects on Agricultural Water User Facilities.
None, no agricultural water use facilities will be affected by the creation of the additional
lot. All existing facilities were reviewed and protected with the original subdivision and
no changes are proposed which would alter that protection.
3. Effects on Local Services.
Water/Sewer: Water/Sewer serviccs can be provided by connection to existing main lines
which were installed with the original subdivision. Gcneral capacity limitations for water
and sewer facilitics are not anticipated by the Engineering Department staff as a result of
this minor subdivision.
Streets: Street improvements were all previously installed through the development of the
original subdivision. No additional right-of-way or other improvements is required at this
time. The proposed development will not create additional traffic beyond what was
previously evaluatcd and mitigated.
4. Effects on the Natural Environment.
Stormwater and drainage have already been provided and a stormwater management plan
has been approved by the city. Applicant has previously entered into an agreement for a
Noxious Weed Management Plan with the Gallatin County Weed Board for the property
affected by this subdivision.
5. Effects on Wildlife and Wildlife Habitat.
Due to its current use as commercial property no significant adverse effects on wildlife or
their habitat have been identified on the property.
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BRICl@il~<:iii!f?~~~~iiiii'Frc:5WN . CE NTER\tV1'nf4'~i~:]~:II3:;;I'~I~]tc:5i]~ P-02014
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6. Effects on Public Ilealth and Safety.
Because development in the subdivision will be scrviced by municipal sewer, the threat
of groundwater degradation [rom onsite sewage disposal will be eliminated, adequate
street, fire, police, and other necessary services are available.
ill COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLATTING ACT.
The subdivision complies or will comply with survey rcquirements of the Act.
g COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The final plat will comply with the regulations with the provision of the correct
certi ficates.
ill COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have
been properly noticed, as required in the Subdivision Regulations. The notice was mailed
to all adjoining property owners by certified mail on April 19, 2002. The proposed project
was noticed in thc Bozeman Daily Chronicle on April 21, 2002.
ill PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF
ANY PLANNED UTILITIES.
All utilities and necessary utility easements have previously been provided.
E2 PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing public streets adjacent
to the subdivision and private reciprocal access easements through the subdivision.
ORDER
After considering all matters ofrecord presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the Bozeman 2020 Community
Plan and the requirements ofthe Bozeman Area Subdivision Regulations, the Montana Subdivision
and Platting Act, and the Bozeman Zoning Ordinance, ifthe correct certificates were depicted on the
final plat. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of
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the conditions 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 of
Bridger Peaks Town Center Minor Subdivision for Bridger Peaks LLC be approved, subject to
the following code requircment:
1. The final plat shall contain all required and properly worded certificates.
This City Commission order may be appcaled 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.CA. 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 thc end ofthis period the City Commission may, at the written request of
the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
DATED this 3rd day of June ,2002.
BOZEMAN CITY COMMISSION
BY~~
Steven R. Kirchho f, Mayor
?;~:vY d~
Robin L. Sullivan
Clerk of the Commission
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