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Home My WebLink About00- Farmhouse Partners . . . IFIDffib6~!l<lP~.Stll:l~OOht.MlliorSl1bdiViki6KFi11a.iligk.~fFtlct.aha..Qr-~\..................>.......... . .... ................#E~24...................... ....................1 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FARMHOUSE FINDINGS PARTNERS, REPRESENTED BY C&H ENGINEERING AND OF FACT SURVEYING, FOR PRELIMINARY PLA T APPROVAL OF AND ORDER SUBSEQUENT MINOR SUBDIVISION. This matter came before the Bozeman City Commission on June 19, 2000, 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 Preliminary Plat for a subsequent Minor Subdivision of 1.906 acres as submitted in its original fonn on May 16, 2000, P-0024. 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, as required: FINDINGS OF FACT I. On May 16,2000, Farmhouse Partners, represented by C&H Engineering and Surveying, submitted an application for approval to subdivide 1.906 acres into two lots. The property is located in the SE 1/4 of Section 8, T.2S, R.6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office District), The applicant requested a waiver from the Environmental Assessment and Community Impact Statement requirements per Section 16.18.020 (B). . . . 1F'~~~P~S@~@ht~S(lbdi~i@iFiI1di1tgll~fFu(~a()tdbr#.P.()()24Z<1 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 PI8IU1ing Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site and also sent to adjoining property owners on May 26, 2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman PI8IU1ing Board considered the application at its regular meeting on June 6, 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. The representative for the applicant made a formal presentation in favor of the requested subdivision and agreed to all conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were no comments from the general public in favor of or in opposition to the proposed subdivision. Receiving no response, the PI8IU1ing Board closed the public hearing. The PI8IU1ing Board agreed, pursuant to Section 16.18.060 of the Bozeman Subdivision Regulations, to waive the requirement for an environmental assessment/community impact study, accepting in lieu thereof a summary of probable impacts. The Plarming 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 vote of8 in favor and o in opposition. . IEaffiib()ijs<:Part&tssulj~qWl1tMillOis~bJi'Y'i.ijcm.F'it1<1.ilig.QtF'~tllUd()rc:L::fflE..ij()24)31 IV. The application was considered by the Bozeman City Commission at its regular meeting on June 19, 2000, 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: A. PRIMARY REVIEW CRITERIA I. Effects on Agriculture. The subdivision will have no effect on agricultural production because there is no present commercial raising oflivestock or crops. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on the proposed subdivision. There is one storrnwater retention area located on the proposed Lot I A-2. The retention area is proposed to be relocated slightly to the west to accommodate a future proposed 4 unit apartment building. 3. Effects on Local Services. Water/Sewer: Water and sewer services can be provided by connection to existing lines located on the site. General capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of the subdivision. The design and approval of water and sewer stub extensions have been addressed in conditions #3 and #4. PolicelFire: With prior annexation, police and fire protection have been available to the site. The subdivision into two lots will not increase the likelihood of emergency services being required. Streets: Ajoint access/parking easement location between Lots 1 A-I and 1 A-2 for access, parking, and utilities will be depicted on final plat. 4. Effects on the Natural Environment. Storrnwater and drainage concerns have been addressed through condition # 1. An agreement which binds the owners of Lots I A-I and 1 A-2 to the maintenance, operation and any liability associated with the storrnwater facilities shall be provided and filed with the County Clerk and Recorder's office. . I.................. ...,....... ........................... .... ....... .... ... ... .. ... ........ ..... ............ ..................... ........".............. >>41 NP..ooM .E~J:lller8rt@fllsilJjseq@ntMin()l"$ij&ti"iSi6ri'Fin.d.ittl!;lI.QtF@ril%:l.Qrd&........................... .... ...............".."",... 5. Effects on Wildlife and Wildlife Habitat. Due to its historically residential use, its lack of any natural bodies of water located on subject property, the development of adjacent properties, and its proximity to Haggerty Lane, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because development in the subdivision will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLA TIING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULA nONS. With conditions addressing effects on local services, natural environment, and public health and safety, the final plat will comply with the regulations. D) COMPLIANCE WITH THE REOUIRED 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 May 25,2000. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA nON OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing streets through the subdivision. 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. ~ . . IE~ijs(lr~stJb~@riiMitl()t"$\.tllii\'isi01lFin<lings()tF'@tandQ1"d$ ...............<#E:.Oo24 · .. . . 51 TIlEREFORE, IT IS HEREBY ORDERED that the Subsequent Minor Preliminary Subdivision Plat for Fannhouse Partners, be approved, subject to the following conditions: GENERAL: 1. The Stormwater, Grading, and Drainage Plan for the subdivision for a system designed to remove solids, silts, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The plan must depict the maximwn sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport both on and off-site runoff to the stormwater facilities. Storm water receiving channels shall be clearly identified for all ponds, and any easements necessary to convey stormwater to receiving channels shall be provided. The plan shall include sufficient site grading and elevation information for the basin sites, drainage ways, and lot finished grades, typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any storm water ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Applicant shall provide and file with the County Clerk and Recorder's office an agreement which binds the owners of both Lots lA-l and IA-2 to the maintenance, operation and any liability associated with the stormwater facilities. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part ofthe site plan review process. 2. Building permits for Lot 1 A-2 will not be issued prior to approval of a site plan for the lot created by this subdivision. 3. Existing water and sewer services are located for the two existing apartment buildings. Applicant will need to stub off these main lines for the future development of the 4 unit apartment building. 4. The City of Bozeman will install the required domestic and sanitary sewer services to the edge of the easement with all costs borne by the owner. 5. The Final Plat must show joint access/parking easement location between Lots I A-I and I A-2 for access, parking, and utilities. Existing easement is not sufficient. 6. Final plat must be appropriately titled, Minor Subdivision No. Amended Plat of Lot lA. 7. Final Plat must show all correct certificates of city agencies since property has been annexed into city. ~ . .. IE~~P8rtnetSSubseQtkhtMill()rskb4iYisi01tFindings()fFllC{ll!ld()r~r#l#bo24) 61 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 6th day ofJuIy, 2000. BOZEMAN CITY COMMISSION By '/11~(J~ Marcia B. Youngman, a r ArrEST: APPROVED AS TO FORM: (?~;/ ~ Robin L. Sullivan Clerk of the Commission