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HomeMy WebLinkAbout01- Sperry's Minor Subdivision . . Sperry's Minor Subdivision Findings of Fact and Order I#P~OlO2/1 BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF RAY FINDINGS SPERRY, REPRESENTED BY RICHARD SMITH, OF FACT RJ ASSOCIATES, FOR PRELIMINARY APPRO V AL AND ORDER OF SPERRY'S MINOR SUBDIVISION. This matter came before the Bozeman City Commission on March 5, 2001, 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 Subdivision Plat for a two lot minor subdivision as submitted in its original form on January 22, 2001, P-OI02. 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 January 22,2001, Ray Sperry represented by Richard Smith ofRj Associates, submitted an application for approval to create Sperry's Subdivision, a minor subdivision dividing 0.48 acres into two (2) lots. The property is Lot 50, located in Bridger Creek Subdivision, Phase I, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3 (Residential Medium Density). . Sperry's Minor Subdivision Findings of Fact and Order I#P"OJ02 . I 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. Ill. 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 February 2, 2001. 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 February 21, 2001. 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 Planning Board then opened the public hearing. Receiving no further response, the Planning Board closed the public hearing. The Planning Board then voted. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a unanimous vote of 8 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on March 5, 2001, at which time the recommendation of the Planning Board and information compiled by City staffwas reviewed. V. The application was considered by the Bozeman City Commission and weighed against the - 2 - . . Sperry's Minor Subdivision Findings of Fact and Order I#P-OI02 I review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. Issues related to agricultural impacts were addressed with the subdivision review of Phase I for Bridger Creek Subdivision. This minor subdivision application is presently underdeveloped and is located in the core of the mixed-use residential subdivision, which contains no evidence of agricultural activity in the immediate area. As a result, no effects on agriculture have been identified with this application. 2. Effects on Agricultural Water User Facilities. The issue was previously addressed with preliminary subdivision plat review of Bridger Creek Subdivision, Phase 1. No physical evidence of irrigation ditches for downstream water uses facilities presently exist on the subject property. 3. Effects on Local ...\'ervices. Impacts to local services were mitigated with Preliminary Plat review and approval of Bridger Creek Subdivision, Phase I. Municipal infrastructure (water and sewer) has already been constructed in the public right-of-way for Par Court and service stubs are extended to the property line of said parcel. 4. Effects on the Natural Environment. No significant physical or topographical features, including streams, wetlands or floodplain boundaries exist on the property. As a result, no effects on the natural environment have been identified with this application. 5. Effects on Wildlife and Wildlife Habitat. Because the area in question was historically used for cultivating agricultural crops prior to - 3 - , . Sperry's Minor Subdivision Findings of Fact and Order I#P~OlO2 I developing Bridger Creek Subdivision, and no substantial amounts of mature vegetation, bushes or trees exist on the property, no evidence of wildlife or wildlife habitat have been identified. Therefore, no effects on wildlife and their habitat should occur as a result of the proposed subdivision. 6. Effects on Public Health and Safety. The Bozeman Development Review Committee reviewed the application for a two-lot minor subdivision, and as a result did not identifY any significant impacts to the area's public health and safety. Adequate access for police, fire and emergency service is currently provided to the proposed lots. The protective covenants for the homeowners's association have already been submitted and filed at the Clerk and Recorder's Office with the final Plat for Phase l. A seven year street cut moratorium is currently in effect until August 1, 2002. Building permits will not be issued until the moratorium is lifted in August 2002. A wavier to lift the moratorium may be granted by the City Commission to the applicant if conditions as outlined in Sections 16.14.100.C and 16.14.120.E of the City's Subdivision Regulations are met. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULA nONS. The final plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been .4- , . Sperry's Minor Subdivision Findings of Fact and Order I#P-ol02 I properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by mail on February 2, 2001. No notice in the newspaper was required. E) PROVISION OF EASEMENTS FOR THE LOCA nON 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 to 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. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to create two (2) residential lots known as Sperry's Subdivision for Richard Smith, be approved, subject to conditions below. Conditions: 1. The Final Plat for this subdivision must include language which clearly states the following: a. Building permits for lot SOB will not be issued until the subdivision infrastructure/new water and sewer lines are brought to the new lot after the seven year street cut moratorium has expired on August 1, 2002. A 5. .i .. Sperry's Minor Subdivision Findings of Fact and Order I#P,.(l102 I New water and sewer laterals from street to property will be installed in the same trench or street cut. b. Sidewalks are to be repaired or installed as necessary along both lots 50A and SOB, and accepted by the city prior to building completion. 2. That the Final Plat shall comply with Section 16.10.070 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates including Platting Certificate. Four mylar, or two mylar and two clothback copies; and five paper copies, of the Final Plat must be submitted for Final Plat approval, along with two (2) digital copies, of the Final Plat, on a double sided, high-density 3 112" floppy disk; 3. That the applicant obtain a Montana Department of Health and Environmental Sciences approval letter of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.; 4. Utility easements twelve (12) feet wide, situated along the front (parallel with the street) property lines for both lots 50A and SOB, shall be depicted on the Final Plat for review and approval by the Planning Office prior to Final Plat approval. Also include joint driveway easements; and 5. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of Preliminary Plat approval and apply for Pinal Plat approval for the two-lot minor subdivision; and 6. That the applicant submits with the application for Pinal Plat review of the two- Lot minor subdivision a written narrative stating how each of the above condi- tions of the preliminary plat approval have been satisfactorily addressed. 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. -6- . . . Speny's Minor Subdivision Findings of Fact and Order I #P..lJI02< I DATED this 2nd day of April, 2001. BOZEMAN CITY COMMISSION By: ~d~ Marcia B. Youngman, Mayor ATTEST: ~~..!~ Clerk of the Commission APPROVED AS TO FORM: ......". Paul 1. Luw City Attorney ~ 7 ~