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HomeMy WebLinkAbout99- Harrington Bottling Co. . , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT HARRINGTON BOTTLING CO. FOR PRELIMINARY AND PLAT APPROVAL OF THE AMENDED PLAT OF LOT 2, ORDER MINOR SUBDIVISION NO. 71 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, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Amended Plat of Lot 2, Minor Subdivision No. 71 to divide the 12.249 acre lot into two lots for business park development, as submitted by the applicant, Harrington Bottling Co., 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. The City Commission also considered 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 at the public hearing before the Bozeman City-County Planning Board were given the opportunity to do so, and being fully advised of all matters having come before it regarding this application, the City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for the subdivision, which is a second or subsequent minor subdivision from a tract of record, was made on November 25, 1998. The applicant granted an extension of the preliminary plat approval period through February 3, 1999. The application will divide Lot 2, minor Subdivision No. 71, a 12.249 acre lot that was originally created in 1988 and one lot ofa two-lot minor subdivision, into two lots. Lot 2A will consist of 5.496 acres and contains the Harrington Pepsi Distributing operation, and Lot 2B will consist of6.753 acres and is a vacant parcel. ~~~~~.~svBDIVISIONuJlO,~l ~2J 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 at their public hearing on January 20, 1999. No public testimony, written or oral, was received by the Board. The subdivider's representative was present at the hearing and indicated that the applicant agreed to the conditions recommended in the Staff Report, and as modified by Staff to eliminate a proposed condition regarding a drainage easement. The Board considered the applicant's request for a waiver of completion of an Environmental Assessment for the subdivision, and found the waiver warranted as the subdivision is located in an area for which a master plan has been adopted and the proposed subdivision will be in compliance with the Plan, and the subdivision contains fewer than 10 parcels and is less than 20 acres in size. Further, the proposal is to further divide an existing 12.249 acre parcel into two parcels, one of which has already been constructed on. The Board granted the waiver of the Environmental Assessment. The Board found that the application had been properly noticed, as all adjacent property owners were notified of the hearing by certified mail, and the notice was published in the Bozeman Daily Chronicle on January 3, 1999. Upon three calls for public testimony, and hearing none, the public comment portion of the hearing was closed. As noticed in the public notice, no additional public testimony would be accepted by the City Commission. 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 of 9-0, 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 February 1, 1999. The City Attorney requested that a wndition be added to the preliminary plat approval to require the subdivider to enter into a hold harmless agreement indemnifying the City against any liability, claim, judgment, cost or damage on account of any refund of revenue a:ljudged to be collected in violation of Article VIII, Section 17 of the Montana Constitution (CI-75). The ~D.PLA1'OF.L07.'4/ . JIIlf().1tSrmD~V::$IONNO. 7.1 "~WJ~NGS~F FAC1'AND ORDER . _...__ .__ . . . Commission found that in all cases of discretionary land use approval, it is typical, appropriate and legitimate to impose conditions upon the granting of approval to assure that police power concerns of health, safety, and welfare are met. They further found that in addition to on-site or adjacent facilities and services, conditions may also include the payment of fees and agreements to defend subdivision approval challenges or to indemnify the municipality for liability arising from the development. IV. The Commission weighed the subdivision against the review criteria established by Statute, and the following was found: A. PRIMARY REVIEW CRITERIA (Effects on Agriculture, Agricultural Water User Facilities, Local Services, Natural Environment, Wildlife and Wildlife Habitat, and Public Health and Safety) This is a minor subdivision proposed in an area where a master plan has been adopted, and the proposed subdivision complies with the adopted master plan. Therefore, the subdivision is exempt from the primary review criteria. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies with the survey requirements of the Act, and the survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the subdivision will comply with the requirements of the Bozeman Area Subdivision Regulations. A. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The public hearing before the Planning Board was properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by Certified Mail, and the notice was published in the Bozeman Daily Chronicle on January 3, 1999. All other process requirements have been followed. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. The subdivision provides all necessary easements for the installation of utilities. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. East lot is or will be provided with legal and physical access via East Frontage Road =r~6:~~~~ ~IVISI~_NO. ~i ;"':':::: ,', ',',:"'..",:,' I ' ',-:...,,,, """",': , ..PAGB '3 . . . ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Amended Plat of Lot 2, Minor Subdivision No. 71 will comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, if certain conditions are imposed. The evidence, as stated and referenced in these Findings, justifies the conditions imposed on the subdivision to ensure that the final plat will comply with all regulations and necessary criteria, and that the City will be indemnified for liability arising from the development based on the potential implications ofCI-75 that may be generated by the subdivision. THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, 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 of the date of this document by following the procedures of Section 76-3-625, M.C.A. As no installation of infrastructure is required for this subdivision, this preliminary plat approval shall be effective for a period of one (1) year. Extensions may be requested by the subdivider, as provided in the Bozeman Area Subdivision Regulations. 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including certification from the City Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) 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 3-1/2" floppy disk. 2. The following Certificates shall be corrected on the final plat: a) the Certificate of Consent, to use the correct owner's name - Harrington Bottling Co., per the Platting Certificate; and b) amend the Treasurer's Certificate to eliminate the reference to "or C.o.S.... 3. The final plat must show utility easements, existing and proposed, and the utility statement per Section 16.14.050., Bozeman Area Subdivision Regulations. 4. A Waiver of Right to Protest SIDs for improvements to East Frontage Road shall be filed with the final plat. 5. That the applicant shall comply with Article VIII, Section 17, of the Montana Constitution (CI-75), insofar as it may be found applicable to this application, and shall pay any and all costs and expenses associated with any election or other cost borne by the city deemed necessary for such compliance. ~.1>~ O;.U)'Z 4, JmI'OIl WBP:mS:CQN BO. -- }~~~B...........4................1 71. II"%ND%NGSOF . J'AC'ZAND. o.RDBR ,,,.,',~".._---- ".,,,~......' , "" ,," ~',."~'.- '"'' '" '.^,~"-,~ ' " ",," ~~"._,.,.,"" , ~.~'''---'-- ... jL.. ,t Prior to final plat approval, the landowner shall sign a hold harmless agreement indemnifying the City of Bozeman against any liability, claim, judgment, cost (including attorney fees and interest) or damage on account of any refund of revenue adjudged to be collected in violation of Article VIII, Section 17 of the Montana Constitution (CI-7S) and further, against all claims, liability, costs and expenses associated with holding an election or arising out of failure to hold an election pursuant to CI-75. The City Attorney's Office shall review and approve the Hold Harmless/Indemnity agreement. DATED this ~ day of March ,1999. BOZEMAN CITY COMMISSION BY:~~ ~-4ff Alfr . Stiff, Mayor ATTEST: APPROVED AS TO FORM: e~ 0( ~ tif!41 cf~kV!~{! Robm L. SullIvan Paul . Luwt . .', Clerk of the Commission City Attorne1 I...AMENDJ:......',.,.ND.'..-. ..... ... .....~.R1i~Ji"oJ"LO'Z .4,. JIlNQB'S~IVZ~ION No.i .......,.......,'.......................i.1 J"INDINGSOJ" ,.J"AC'Z AND. ORDER . . .., ..'. ' fAGBS '.,. ...'. " ' '~~''',._--- '",' '" ',-, " , ,","-- -,.,..'''''''.".-, ' " ..." , -"'-'''~,-_.,~