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HomeMy WebLinkAbout98- James Kack at Evergreen Business Park , .. ... .;oj ~..:... . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF JAMES KACK FOR PRELIMINARY SUBDIVISION PLAT FINDINGS OF FACT APPROVAL OF THE AMENDED PLAT OF LOT 9, AND EVERGREEN BUSINESS PARK SUBDIVISION ORDER PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Amended Plat of Lot 9, Evergreen Business Park Subdivision to re-divide Lot 9, a 2.578 acre tract, into two lots for commerciaVindustrial uses, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to consider the recommendation of the Bozeman City-County Planning Board concerning the application. It appeared to the City Commission that all parties and the public wishing to appear and comment before the Bozeman City-County Planning Board were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for the Amended Plat of Lot 9, Evergreen Business Park Subdivision was made on February 18, 1998. The application will divide Lot 9, a 2.578 acre tract into two lots. Lot 9A will be 1.262 acres, and Lot 9B will be 1.325 acres. Lot 9B is occupied by Crescent Electric. Lot 9A is vacant. II. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City- County Planning Board on the consent agenda of their regular meeting on March 3, 1998. The Staff Memorandum to the Board advised the Board that no special conditions of approval had been identified. The subdivider's representative was present, and made no comment. No member of the AMENDED PLAT OF LOT 9, EVERGREEN BUSINESS PARK FINDINGS OF FACT AND ORDER PAGE 1 , . , ,,:''''-IjII . public nor of the Board requested that the application be pulled from the Consent Agenda for discussion. After finding that the application complied with the required criteria established in Title 76-3- 608, M.C.A. for the review of preliminary subdivision plats, the Board, on a vote of9-0, forwarded the application to thc Bozeman City Commission with a reeommendation of conditional approval. III. The application was considcred by thc Bozeman City Commission at their regular meeting on March 16, 1998. The applicant's representative advised the Commission that they agreed with the condition recommendcd in thc Staff Report. As this is the re-division of a lot within a previously approved subdivision, and the first minor subdivision from a tract of record that complies with thc adopted master plan, the subdivision is exempt from the primary review criteria listed in Section 76-3- 608(3a), MCA, 1995. The Commission weighed the proposed subdivision against the applicable review criteria established by Statute, and found as follows: A. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The survey requirements provided for will be complied with when the final plat is filed. B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The preliminary plat does comply with the Bozeman Area Subdivision Regulations, and the final subdivision plat will comply with the Bozeman Area Subdivision Regulations. C. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. D. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Easements are provided for the existing utilities. No new public infrastructure is required f'Or the re-division of this lot. E. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel from Evergreen Drive, a private street, and from a previously recorded shared access easement. ORDER After considering aU matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Amended Plat of Lot 9, Evergreen Business Park Subdivision would comply with the requirements of the Bozeman Area Subdivision AMENDED PLAT OF LOT 9, EVERGREEN BUSINESS PARK FINDINGS OF FACT AND ORDER PAGE 2 '"-.,,~..~ , , . . ~ f Regulations and the Montana Subdivision and Platting Act. The evidence that justifies the only condition found necessary for this subdivision the project is to ensure that the final plat complies with all regulations, is certified by the State Department of Environmental Quality Subdivision Program, and is submitted in the appropriate format. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision be approved, subject to the condition listed below. 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 this document by the City Commission, by following the proeedures of Section 76-3-625, . M.C.A. 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, certification by the State Department of Environmental Quality Subdivision Program, a final platting certificatc, and all rcquired and corrected certificatcs. Further, thc "Easemcnt Note" shall be corrected to read grammatically. Two c10thback (or equivalent) and mylar (or equivalent) copies ofthe final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2" floppy disk. The preliminary approval of this subdivision shall be effective for three (3) years from the date of adoption of this document 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 Area Subdivision Regulations. DATED this 6th day of April ,1998. BOZEMAN CITY COMMISSION BY:<'~~ ~ ~ Alfr . Stiff, Mayor ATTEST: {JaL J H~ Robin L. Sullivan Clerk of the Commission AMENDED PLAT OF LOT 9, EVERGREEN BUSINESS PARK FINDINGS OF FACT AND ORDER PAGE 3 I L.~.... ~.,,-----