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Home My WebLink About98- Norwest Bank and Robert and Nancy Planalp ~ . . . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF NORWEST BANK MONT ANA, N.A. AND ROBERT AND NANCY PLANALP, PRELIMINARY SUBDIVISION PLAT FINDINGS OF FACT APPROVAL OF THE AMENDED PLAT OF LOTS 1-17, AND THE WEST HALF OF LOT 18, AND A PORTION OF ORDER THE V ACA TED ALLEY IN BLOCK C, TRACY'S FIRST ADDITION PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-1 01 through 76-3- 614, Montana Codcs Annotated, and thc Bozcman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposcd Preliminary Subdivision Plat f'Or the Amended Plat of Lots 1-17, the West Half of Lot 18, and a portion of the vacated alley in Block C, Tracy's First Addition to aggregate said lots into two lots f'Or commercial uses, as submitted by the applicant, together with the required supplementary plans and inf'Ormation, to dctcrmine if the information submittcd mccts the rcquirements ofthc Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition,to consider the recommendation ofthe Bozeman City-County Planning Board concerning the application. It appcared 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 corne before it regarding this application, makes the tollowing Findings of Fact, as required: FINDINGS OF FACT I. The application f'Or the subject subdivision was made on March 3, 1998. The application will aggregate all or portions of 18 lots and a portion of a vacated alley into two lots. The purpose of the aggregation is to rearrangc the existing 28-foot wide lots into two lots, so that each of the ncw lots contains each owner's structures and parking. II. After finding the application was properly submitted and reviewed undcr the procedures of the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City- County Planning Board at their public hearing on April6, 1998. No members of the public spoke AMENDED PLAT OF LOTS 1-17, WEST HALF OF LOT 18, AND A PORTION OF THE VACATED ALLEY OF BLOCK C, TRACY'S FIRST ADDITION FINDINGS OF FACT AND ORDER PAGE 1 \ .. . either in favor of or in opposition to the application. The subdividers' representative was present, and agrccd to the conditions recommended for approval. The Board considered the applicants' request for a waiver of comp letion of an Environmental Assessment and Community Impact Analysis for the subdivision, and found the waiver warranted as the subdivision is the aggregation of lots within a previously platted subdivision, the land is ah'eady develop cd, uses on the land comply with the Master Plan, and the subdivision contains fewer than 10 parcels and less than 20 acres. After fmding that the applieation 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 of 1 0-0, forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. III. The application was considered by the Bozeman City Commission at their regular meeting on April 20, 1998. The applicant's representative advised the Commission that they agreed with the conditions rccommended by the Planning Board. The subdivision was weighed against the review criteria established by Statute, and the following was found: A. PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. There will be no effects on agriculture from this subdivision, which is located in the heart of downtown Bozeman, and is fully developed with structures and parking. 2. Effects on Agricultural Water User Facilitics. This subdivision will not affect agricultural water user facilities, as there arc no such facilities on the property. 3. Effects on Local Services. The aggregation of lots within this fully developed subdivision will cause no effects on local services. 4. Etlects on Natural Environment. No effects on the natural environment will occur from this subdivision. 5. Effects on Wildlife and Wildlife Habitat. There are no wildlife or wildlife habitat on this urban tract. 6. Effects on Public Health and Safety. The proposcd aggregation oflots will have no effcct on public health and safety. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies with thc survey requircments of the Act, and the survey rcquircmcnts will be further provided for will be complied with when the final plat is filed. AMENDED PLAT OF LOTS 1-17, WEST HALF OF LOT 18, AND A PORTION OF THE VACATED ALLEY OF BLOCK C, TRACY'S FIRST ADDITION FINDINGS OF FACT AND ORDER PAGE 2 , C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions to ensure appropriatc acccss and ccrtifications, the final plat will comply with the Regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The public hearing before the Planning Board was properly noticed, as required in the Subdivision Regulations. The noticc was mailed to all adjoining property owncrs by Certified Mail, and the notice was published in the Bozeman Dai~v Chronicle on March 22, 1998. All othcrprocess requirements have bccn followcd. E. PROVISION OF EASEMENTS FOR THE LOCA TION AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements arc already in place. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. As accesses are shared betwecn thc two re-aligned parcels, written acccss casements must be recorded with the final plat to cnsurc that each lot has legal access through the other. ORDER After considcring all matters of record presentcd at the public hearing and meeting, the Commission found that the proposed preliminary plat for thc Amended Plat of Lots 1-17, thc West Half of Lot 18, and a portion ofthe vacated alley, Block C, Tracy's First Addition would comply with the requircmcnts ofthe Bozeman Area Subdivision Rcgulations and the Montana Subdivision and Platting Act subject to conditions. The evidence that justifies the conditions imposed on thc subdivision is to ensure that the final plat complies with all rcgulations, is submitted in the appropriatc format, and neccssary and appropriate access easemcnts are provided. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision be approved, subject to the conditions listed below. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days aftcr the adoption ofthis document by thc City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. The final subdivision plat shall conform to all requirements of the Bozeman Arca Subdivision Regulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, certification by the State Dcpartment ofEnvironmcntal Quality Subdivision Program, a final platting ccrtificate, and all rcquired certificatcs. Thc Certificate ofConesnt must bc signcd by all record owners ofthc property, and Ccrtificates ofMortgagecs must bc signed by all lien holdcrs on the property. Two clothback (or equivalent) and mylar (or equivalent) copies ofthe final plat must bc submitted f'Or final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-112" floppy disk. AMENDED PLAT OF LOTS 1-17, WEST HALF OF LOT 18, AND A PORTION OF THE VACATED ALLEY OF BLOCK C, TRACY'S FIRST ADDITION FINDINGS OF FACT AND ORDER PAGE 3 1 . ~ I 2. Joint access easements shall be filed with the fmal plat to ensurc adequate acccss to all affect propcrties. Thc preliminary approval of this subdivision shall be effective f'Or Q1}Q (1) year from thc date of adoption of this document by thc City Commission. At the end of this pcriod the City Commission may, at the written rcquest ofthe subdivider, extend its approval as provided for in the Bozcman Area Subdivision Regulations. DATED this 18th day of May ,1998. BOZEMAN CITY COMMISSION -~-~ . Stiff, Mayor ATTEST: fJL ;/~ Robin L. Sullivan Clerk of thc Commission AMENDED PLAT OF LOTS 1 -17, WEST HALF OF LOT 18, AND A PORTION OF THE VACATED ALLEY OF BLOCK C, TRACY'S FIRST ADDITION FINDINGS OF FACT AND ORDER PAGE 4