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Home My WebLink About99- Western General Enterprises revocable trust for amended plat of West Park Manor 1st Addition subdivision findings of fact and order , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF WESTERN FINDINGS OF FACT GENERAL ENTERPRISES REVOCABLE TRUST AND FOR PRELIMINARY PLAT APPROVAL OF THE AMENDED ORDER PLAT OF LOT 3, BLOCK 1, WEST PARK MANOR 1sT ADDITION SUBDIVISION 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 3, Block 1, West Park Manor 101 Addition Subdivision to subdivide a 0.1885 acre lot into two (2) townhouse lots as submitted by the applicant, Western General Enterprises Revocable Trust, 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 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 meeting before the Bozeman City-County Planning Board 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. The application for the subject minor subdivision was made on April 9, 1999. The application will subdivide a 0.1885 acre lot into two (2) townhouse lots for residential use. n. 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 meeting on May 4, 1999. No written or oral public testimony was presented to the Board. After finding the application in general compliance with the required criteria established in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats, and considering the public comments, both oral and written, the Board, on a vote of 6-0 forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. fJVESTPA'ilif"J!A,NORMlfl!.OR SUBD{VISJON-il!'fDINGS OF~fACT ANDyjlf!JER .",. ................2LD .. P",q~f , III. The application was considered by the Bozeman City Commission at their regular meeting on May 17, 1999. At the public meeting, the applicant was not present and no members of the public came fOlWard to speak either for or against the application. IV. The subdivision was weighed against the review criteria established by Statute, and the following was found: A. PRIMARY REVIEW CRITERIA As this is a minor subdivision in compliance with an adopted master plan, the subdivision is exempt from the primary review criteria listed in Section 76-3-608(3)(a), MCA. 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 further complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The proposed two lot minor subdivision is in compliance with the Bozeman Area Subdivision 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 notice was mailed to all adjoining property owners and as there were no variances requested, a notice was not required to be published in the Bozeman Daily Chronicle. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All utility easements shall be depicted on the Final Plat for review and approval by the Planning Office prior to Final Plat approval unless the applicant can formally confirm that all private utility services (power, telephone, cable) have already been installed to the subject property and additional utility easements are not necessary. The applicant shall contact the Montana Department of Transportation (MDT) regarding the minor subdivision, and any permits or approval required by MDT, including but not limited to a utility occupancy permit for the service lines, access permit for the drive approach and/or a street cut permit, shall be obtained prior to filing of the amended plat. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel. All drive approaches must be constructed in accordance with City's standard approach, and curb cut permits must be obtained prior to installation of the improvements. The drive accesses off of North 19111 Avenue to the newly created lots shall be combined into a single, shared access. A city standard residential access shall be installed. IJVJiS;1'PJRfCMANQl1Jf1IN6R.YUBD1VIS16N-FIN1"!INGSOFFA(Jl'ANDOJU)ER . _L ... ~~_..r. I Jl1\Gj) 2 , . 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 3, Block 1, West Park 1 Sl Addition Subdivision 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 specified in the staff report and referenced herein, justifies the conditions imposed on the subdivision to ensure that the subdivision's effects on the primary review criteria is mitigated by requiring the final plat to comply with all regulations, that necessary and appropriate easements are provided, and that safe access is provided to the lots. THEREFORE, IT IS HEREBY ORDERED, on a vote of5-0, 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 by following the procedures of Section 76-3-625, M.C.A ( Due to the minimal infrastructure requirements, 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 Plat shall comply with all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including a Platting Certificate issued not more than 30 days prior to submittal. Two mylar and two cloth back copies of the 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 1Iz'1 diskette. 2. The developer shall have one(1) year from the date of Preliminary Plat approval to complete the conditions of Preliminary Plat approval and apply for Final Plat approval for the two-lot minor subdivision. 3. If the Final Plat is filed prior to the installation of all improvements, the developer shall enter an Improvements Agreement with the City ofBozeman guaranteeing the completion of all improvements and shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. 4. All utility easements shall be depicted on the Final Plat for review and approval by the Planning Office prior to Final Plat approval unless the applicant can formally confirm by letterhead that all private utility services (power, telephone, cable) have already been installed to the subject property and additional utility easements are not necessary. 5. The drive accesses off of North 19th Avenue to the newly created lots shall be combined into a single, shared access. A city standard residential access shall be installed. 6. The applicant shall contact the Montana Department of Transportation (MDT) regarding this minor subdivision. Any permits or approvals required by MDT induding but not limited to a utility occupancy permit for the service lines, access permit for the drive approach and/or a street cut permit, shall be obtained prior to filing of the amended plat. IJf1tsi')pAkKMANORMllVOR SUhDrvisYoN- FINDING.ft OFFXCTAlVJJ O@ER) i).'AGE3 I . ' ( J DATED this 7th day of June ,1999. BOZEMAN CITY COMMISSION BY~4 ~ ~ Alfi . Stiff, Mayor ATTEST: APPROVED AS TO FORM: C)~ J~ ;J2 Robin L. Sullivan Clerk of the Commission IJ.f!PS'lPARKMANQRMI'NORSCJBiJivis/(JN - FIND/NGS OF FACT.4N1J()RDER./ .PAGI) 4 I