Loading...
HomeMy WebLinkAbout98- Hi Land Properties . , . HI LAND MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 1 BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF HI LAND FINDINGS OF FACT PROPERTIES, FOR PRELIMINARY SUBDIVISION AND ORDER PLAT APPROVAL OF THE HI LAND MINOR SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 76~3.1 01 through 76-3-614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat to divide 2.182 acres into a two lot Minor Subdivision 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 listen to public testimony concerning the application. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and that all parties wishing to appear and comment were given the opportunity to do so at the Bozeman City~County Planning Board, 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 approval for the creation of a two lot minor subdivision dividing 2.182 acres, owned by Hi Land Properties, into two lots on property located in the NW% of Section 8, T2S, R6E, PMM, Gallatin County, Montana, was made on March 6, 1998. The property has one existing single family dwelling unit and five existing multi-family structures served by the City water and sewer systems. The subdivision will create two lots, one for the existing single family residential use, and one for the existing multi~family structures. II. The subdivision of five or fewer parcels may be eligible for minor subdivision review and approval when criteria as outlined in Section 16.12 of the Bozeman Area Subdivision . , HI LAND MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 2 Regulations are met. It was found that because of the size of the lots, the previously approved uses of the land, and the existing infrastructure, the subdivision will create a low impact on the area. The Bozeman City-County Planning Office forwarded the subdivision submittal to other appropriate agencies, for their review and comment, per Section 16.12,040.B of the Subdivision Regulations. Those comments, along with those of the City-County Planning Staff, were then incorporated into a Staff Report which was forwarded to the City Commission and City Attorney for their consideration at the April 20, 1998 regular meeting of the Bozeman City Commission. III. The Bozeman City-County Planning Board considered the application at their regular meeting on April 7, 1998. After finding that the application was properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and Bozeman Area Subdivision Regulations, the City-County Planning Board, upon finding no opposition to the approval of this subdivision and finding that the subdivision complied with the Bozeman Area Master Plan, forwarded this application with a recommendation of approval, with conditions as recommended by Staff, to the City Commission for final decision. IV. The matter was heard before the Bozeman City Commission on April 20, 1998, at which time the Staff Report was reviewed by the City-County Planning Staff, with Staff conditions of approval provided for consideration by the Commission. A request for public comment was made by the Commission, with no members of the public testifying in favor of or in opposition to the proposed minor subdivision. The Applicant made a short presentation in favor of the proposal and noted that they were in agreement with the proposed conditions. The public testimony portion of the public hearing was closed by the City Commission, V. The Commission would normally review the five criteria established in the Montana Subdivision and Platting Act to determine whether the Preliminary Subdivision Plat complied with the criteria. This minor subdivision falls under the scope of Section 76-3- 608(6.a) M.C.A. which exempts minor subdivision in some circumstances from full review, "When a minor subdivision is proposed in an area where a master plan has been adopted... . HI LAND MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 3 and the proposed subdivision win comply with the plan, the subdivision is exempt from the review criteria contained in subsection (3)(a) but is subject to applicable zoning regulations." The criteria in subsection (3)(a) mentioned above are "the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety," It was determined that the proposed subdivision was in compliance with the master plan and that this subdivision was eligible for exemption from the review criteria listed above. VI. 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 MONTANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. B: COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The proposed plat will be in compliance with the subdivision regulations. C. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures of the Bozeman Area Subdivision Regulations. D. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES, Section 18.50.030,D of the Bozeman Zoning Ordinance requires all newly created building lots and/or building sites inside the City limits to be provided with central water and sanitary sewer systems. The property is receiving all urban services from the City of Bozeman at this time. The creation of an additional lot requires the placement of compliant easements, If the utility companies all agree, in writing, that the existing easements are adequate to provide service, no additional easements will be required. F: PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal access will be provided along a compliant street easement. The access easement does not have the appearance of a City Standard street, nor is it provided with identification signage. In order to prevent confusion with the easement and a dedicated public street the easement shall remain unnamed. The easement leads from a dedicated right-ofwway, E. Main Street, to the property to be divided. Adequate frontage along the easement has been provided for each lot. The easement is currently paved and a property owners association will be formed who will be responsible for the maintenance of the paved street easement. Because the private association will be responsible form maintaining the easement upon which access to the parcels relies the association must receive City of Bozeman approval prior to disincorporating and a replacement maintenance procedure established. This will ensure that the required physical access to the parcels is maintained. In order to ensure the correct legal form of the easement and ensure its long term viability for its declared purpose the easement shall be submitted to the City Attorney and approved as to form prior to the submittal of the . . HI LAND MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 4 final plat application. VII. Additional items were also considered by the City Commission. The City of Bozeman is experiencing rapid growth and change. This leads to a situation where long delays in implementation of subdivision approvals may fail to adequately address the extant situations at the time of final platting. To ensure that this project will proceed in a timely fashion the time of approval for final plat without application for extensions must be shortened. Therefore the duration of approval for this application is set for one (1) year, The property is currently receiving water and sewer services from the City of Bozeman. The City has established service standards to ensure the safe, efficient, and effective delivery of services. The standards for delivery of services to multiple buildings on a single lot is different than that for separate buildings. on separate lots. The subdivision of this parcel will lead to a change in the allowable service connection to be provided to the existing single family home. For this reason, the water service extending from the shop to the house shall be capped and a new water service extended from the water main. For this same reasons discussed above subsequent subdivision of Lot 2, Block 1, will need to receive additional subdivision review which may reveal the need to further modify the water and sewer services and mains. After review of the proposed subdivision it was found that the subdivision will meet these requirements when the approved conditions of approval are met. VII I. Following discussion by the Commission, the Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, and as modified with conditions does not detrimentally affect the primary review criteria established by State statute. ORDER THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat application to subdivide 2.182 acres into a two lot minor subdivision for Hi Land Properties be therefore 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 after the adoption of this document by the , . ..' HI LAND MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 5 City Commission, by following the procedures of Section 76-3-625, M.C.A. The conditions of approval for this subdivision are as follows: 1. Section IX of the Articles of Association shall be amended to include a statement that the Association may not be disbanded without the written approval of the City Commission of the City of Bozeman. This is because the Association is responsible for maintaining the legally required physical access to the property. If the Association wishes to disincorporate in the future some other mechanism for maintenance of the public road easement must be provided. 2, A utility easement shall be provided along the north boundary of lot 1 and a corresponding easement of lot 2 or the applicant shall submit with their final plat written agreement from the utility companies to utilize easements as depicted on the preliminary plat. 3. The public road easement shall be submitted to the City Attorney and approved as to form prior to the submittal of the final plat application. 4. The street easement shall not be named. 5, The water service presently serving the house from the shop shall be disconnected and capped. A new water service to the house shall be provided after application for service has been approved. 6. The further subdivision of the proposed Block 1, Lot 2 shall require additional review. Changes to the existing water and sanitary sewer service connections may be required at that time. 7. The Developer shall have one (1) year from the date of preliminary approval to complete the above conditions and apply for final plat approval. DATED this 6th day of July ,1998. BOZEMAN CITY COMMISSION BV:~-t:/ ~ -<4P Pi. fred Stiff, Mayor ATTEST: APPROVED AS TO FORM: //-) ~2~ // /1 1 . I 'X p;~t(!'/(' ~~p Robin L. Sullivan / , Paul J, L~' Clerk of the Commission City Attorney