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HomeMy WebLinkAbout02- Stoneridge PUD Subdivision, Phase 2B . . I IStoneridge Put:>!I'l1~I~I'!SQb(,!.iyision, Phase 2B Variance FinclillgSQfFact ahd Order #P-020 17 A I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF CAPE~ FINDINGS FRANCE, INC. REPRESENTED BY MORRISON ~ OF FACT MAIERLE, INC. FOR APPROVAL OF STONERDIGE AND ORDER PUD SUBDIVISION, PHASE 2B VARIANCE This matter came before the Bozeman City Commission on August 5, 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 Subdivision Variance application as submitted in its original form on June 14,2002, P-02017 A. The Commission held a public hearing on the subdivision variance and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the variance 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 June 14, 2002, Cape-France, Inc., represented by Morrison - Maierle, Inc., submitted a Subdivision Variance application for Stoneridge PUD Subdivision, Phase 2B to allow a street cut -1- . , . E' . . . IStoneridge PUDMiljor Subdivision, PhaseZBVarijl,tiq~::FI-r!dingsofFllcfand Order #F>~02017A ...1 in Oak Street to install a culvert. The property is situated in the SE 1,4 of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. II. The comments of the 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. m. Notice of the time and date of the public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on June 30, 2002. 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 June 16, 2002. The Planning Board found that the application was properly submitted and reviewed under the procedures ofthe Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed its report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision variance. The Planning Board then opened the public hearing. There were no comments from the general public regarding the proposed subdivision. Receiving no response, the Planning Board closed the public hearing. The Planning Board then voted on a motion regarding the subdivision variance. The motion, to recommend approval of the subdivision variance, passed on a vote of 4 in favor and 1 in -2- . . . : . . ~ I Stoneridge PUDM-ajorSubdi vision, Phase 2B Variw1<:e]::;i.n.gings:of.Fll.ctliIld:Orde.t;. :ffl~~02017 A I opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on August 5, 2002, at which time the recommendation ofthe 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: A) The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties. Granting the variance would allow a culvert to be installed under Oak Street to facilitate proper stormwater drainage to the north. B) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of the Regulations is enforced. The North 19th Avenue greenway swale was approved as part of the original Stoneridge pun. In order for the greenway swale to transport stormwater from Stoneridge Minor Subdivision #1, Subdivision, Phase 2A and Stoneridge, Phase 2B to the common pond at the southwest comer of Baxter Lane and North 19th Avenue, a culvert must be installed under West oak Street. Major changes to -3- . . . . l' . . '" IStoneridge PUD Major Subdivision, Phase 2~:Vll.liilJ.,1l&~;Firid~ng!lot}'o'Ac:tll.IldOrdef #P-020l7A I the planned and approved stormwater conveyance system would be required if the variance was not granted. C) The variance will not cause a substantial increase in public costs. The granting of the variance would not cause an increase in public costs. The culvert installation would be privately funded. D) The variance will not, in any manner, place the subdivision in nonconformance with any adopted zoning regulations or comprehensive plan. If the variance is granted, it would not place the subdivision in any further nonconformance, than does not already exist, with any adopted zoning regulations or comprehensive plan. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision variance would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance. THEREFORE, IT IS HEREBY ORDERED that the Subdivision Variance for the Stoneridge PUD Major Subdivision, Phase 2B for Cape-France, Inc., be approved. -4- ~ '- ~ .r: .. ...... IStoneridge pub MajoiSubdivision, Phase 2B Variance Findings of Fact and Order #P-02017 A I 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 subdi vision 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 Subdivision Regulations. DATED this 26th day of ~, 2002. BOZEMAN CITY COMMISSION By: ~,/-~~ Steven R. Kirchhoff, Mayor (;IT:J ~ Robin L. Sullivan Clerk of the Commission -5.