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HomeMy WebLinkAbout02- Bridger Peaks Town Center <, B'I~JI~~,~g p EAKsTC5I!;~l~'~::!I,%ER"Mll\JC5R"sLJB~!~IS!I:~I~" . .........-",.... , "."'.' 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 -1- . .n, ,......,.,. .......... ........ . ""', ..,,...,,.... ......,."'. f' ').'f'" 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 -2- i . ""'i'''''I'':";,;;;''''I,',,, nr:::^" , P~d2d14 ^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. -3- , .' . BRICl@il~<:iii!f?~~~~iiiii'Frc:5WN . CE NTER\tV1'nf4'~i~:]~:II3:;;I'~I~]tc:5i]~ P-02014 """, ,:,: "::.' ",':' .:.' ,,, ' " ,," :"::'."'" ,: "':'.' ':: ", .":,' .." :.' , ::'. " ,. .',:,..', ,':",: ,:"::::::,:,:::::::,:'::::'::,,,:::,::::~ 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 -4- . \ . . 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 -5-