HomeMy WebLinkAbout00- Alpien Hotel Partners
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I Amended Northern Pacific Blocks + Minor Subdivision Findings of Fact and Order #P-OOI8 11
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF SURVCO FINDINGS
SURVEYING FOR PRELIMINARY PLAT APPROVAL OF FACT
OF AMENDED NORTHERN PACIFIC ADDITION BLOCKS AND ORDER
28-30, BLOCKS 33-41, AND BLOCKS 46-48, BEING LOT 2 AS
SHOWN ON BOOK C OF PLATS, PAGE 23-A4, THAT PARCEL
DESCRIBED ON FILM 93, PAGE 1968, AND TRACT C OF
CERTIFICATE OF SURVEY NO. 68, ALL LOCATED IN THE
NORTHEAST QUARTER OF SECTION 7, T.2S, R.6E, P.M.M.,
CITY OF BOZEMAN, ON BEHALF OF ALPINE HOTEL
PARTNERS LLC AND BRC INVESTMENTS LLC.
This matter came before the Bozeman City Commission on May 15, 2000, and was
continued until June 5, 2000, under advice of legal staff, 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 Area Master Plan, and
Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary
Amended Subdivision Plat for a two lot minor subdivision as submitted in its original form on April
11, 2000, along with the required supplementary plans and information. 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. 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:
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FINDINGS OF FACT
I.
On April 11, 2000, Survco Surveying submitted an application for approval to create an
amended subdivision plat involving 36.131 acres to aggregate roughly 227 lots in the Northern
Pacific Addition and to relocate a common boundary between BRC Investments property to the
north and the Alpine Hotel property (depicted as Lot 2A) to more properly align with the
topographical features of the property located and described as written above. The applicant did
request waivers from the Environmental Assessment and Community Impact Statement
requirements as no development or infrastructure improvements were proposed.
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.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site,
sent via certified mail to adjoining property owners, and also published in the Bozeman Daily
Chronicle on May 14, 2000. 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 May 2,
2000. The Planning Board found that the application was properly submitted and reviewed under
the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning
Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of
conditions, noting recommended conditions address regulatory subdivision requirements.
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Amended Northern Pacific Blocks + Minor Subdivision Pindin s of Pact and Order #P-0018 3
The item was on the Planning Board's consent agenda, and no members of the public were
present either in favor or in opposition to the proposed Amended Subdivision Preliminary Plat.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval of the subdivision with conditions as recommended by Staff passed on a
unanimous vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
May 15, 2000, at which time the recommendation of the Planning Board was reviewed by the
Planning & Community Development Department Staff. The Commission considered known
neighborhood concerns regarding development of the property and the recommendation from its
legal staff that the proposed subdivision be treated as a subsequent subdivision of land with proper
noticing and a public hearing, and therefore voted unanimously to open and continue proposal to
its evening public hearing on June 5,2000.
V.
The application was again considered by the Bozeman City Commission at its June 5, 2000,
public hearing, at which three members of the public spoke in regard to the future development of
the subject property. The application was weighed against the review criteria established by Statute,
and the Commission found as follows:
A. PRIMARY REVIEW CRITERIA: This minor subdivision complies with the Bozeman Area
Master Plan, and is therefore exempt from the primary review criteria of ~ 76-3-608(3)(a),
MCA, pursuant to ~~ 76-3-505 and 76-3-608(6)(a), MCA.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLAITING ACT. The subdivision complies or
will comply with survey requirements of the Act.
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C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions #1, #2, and #3, addressing final plat submittal requirements, necessary
certificates, and a weed control plan, the final plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The notice of the meetings before the Planning Board and City Commission was mailed to
adjoining property owners, and the hearing before the City Commission has been properly
noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining
property owners by certified mail, and the notice was published in the Bozeman Daily
Chronicle on May 14, 2000.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST AliA TION OF ANY
PLANNED UTILITIES. As no infrastructure and utilities are proposed, no utility easements
will be provided. With future development of the property, all utilities and necessary utility
easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to Lot 2A is provided from Main Street and access to Lot 1 is
provided from Broadway A venue.
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 Area Master Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning 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 regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of
Amended Northern Pacific Addition Blocks 28-30, Blocks 33-41, and Blocks 46-48, being Lot 2 as
shown on Book C of Plats, Page 23-A4, that parcel described on Film 93, Page 1968, and Tract C
of Certificate of Survey No. 68, all located in the Northeast Quarter of Seetion 7, T.2S, R.6E,
P.M.M., City of Bozeman, for Alpine Hotel Partners lLC and BRC Investments llC be approved,
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subject to the following conditions:
1. The final plat submittal must be in conformance with the Bozeman Interim Subdivision
Regulations 16.08.050, "Final Plat", and must include a platting certificate prepared by a
Montana title company.
2. All certificates will need to conform with Chapter I6.32 of the Bozeman Interim Subdivision
Regulations.
3. Per Sections 16.14.140, "Noxious Weeds", and 16.08.040, "Preliminary Plat Supplements",
the subdi vider shall enter into a Memorandum of Understanding signed by the Gallatin
County Weed District and the subdivider, and any mitigation measures must be implemented
prior to final plat approval. A copy of the signed document must be submitted to the
Planning Department with the application for final plat approval.
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 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 19th day of June ,2000.
BOZEMAN CITY COMMISSION
By: ~(J~
Marcia B. Youngman, Mayor
ArrEST:
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Robin L. Sullivan
Clerk of the Commission