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Home My WebLink About97- Robert Nelson at Parkway Plaza Subdivison . , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF ROBERT NELSON FOR PRELIMINARY SUBDIVISION PLAT APPRO V AL TO AMEND FINDINGS OF FACT THE FINAL PLAT OF P ARKW A Y PLAZA SUBDIVISION TO AND AGGREGATE LOTS 1A AND IB, BLOCK 4, AND TO MODIFY ORDER THE USE AND PURPOSE NOTES ON THE PLAT PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Arca Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat to amend the final plat of Parkway Plaza Subdivision to aggregate Lots lA and IB, Block 4, to create one 11,947 square foot lot for multi-family use, and to modify the use and purpose notes on the plat to reduce the number of townhouse lots from 60 to 58 and to increase the number of multi-family lots from two to three, as submitted by the app1ieant, togethcr with thc 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. It appeared to the City Commission that all parties wishing to appear and comment were given thc 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 1. The application to amend the final plat of Parkway Plaza Subdivision was made on April 29, 1997. The Bozeman City-County Planning Office caused the subdivision submittal to be reviewed by applicable agencies and dcpartments. Those comments, along with those of the City-County Planning Staff, were incorporated into the review forward to the Bozeman City-County Planning Board for their review and rccommendation to the Bozeman City Commission. II. The matter was considered by the City-County Planning Board on June 3, 1997. No members of the public spoke at the hearing and no written comment was reeeived. The developer indicated that the rationale for the proposed amendmcnt was that there was an over-sight on the part of the developer when the original plat was filed, which caused Lots IA and IB, B10ek 4 to be oversized. FINDINGS OF FACT AND ORDER - AMENDED PLAT OF PARKWAY PLAZA PAGE 1 ---~-~ . . . . III. The Planning Board reviewed the application and determined that one existing 3/4" water service could possibly supply adequate serviee to a tri-plex, and that if a larger service were needed, the City should consider allowing the street to be cut or allow the two existing 3/4" water service lines to serve the structure. The Planning Board waived the completion of an Environmental Assessment and Community Impact Statement, as the property has been granted final subdivision plat approval and the subject amendment will not affect the issues reviewed under these studies. The Planning Board then voted to recommend conditional approval of the applieation to the City Commission, after finding that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision and Montana Subdivision and Platting Aet. IV. The application was considered by the Bozeman City Commission at their regular meeting on June 16, 1997. The Commission weighed the proposed subdivision against the applicable review criteria established by Statute, and found as follows: A. PRIMARY REVIEW CRITERIA. 1. Effects on Agriculture. The subdivision has been platted, and all infrastructure is in place, including streets, water and sewer. There is no agricultural use on the property; therefore, there will be no effect on agriculture. 2. Effects on Agricultural Water User Facilities. No agricultural water user facilities have been identified on the property. Therefore, there will be no effeet on agricultural water user facilities. 3. Effects on Local Services. The proposed amendment to aggregate the lots could effect the supply of water to the property as only one existing 3/4" water service line could be utilized. If the lot line is left in place, construction of a three-unit townhouse structure could potentially occur, with one duplex apartment on Lot lA, and one single-family townhouse on Lot lB. Then, each lot could be served by an existing 3/4" water service line, which would be adequate in size to provide ample water to all units, and would not negatively effect local services. 4. Effects on Natural Environment. No negative effects on the natural environment will oceur with the amended plat. 5. Effects on Wildlife and Wildlife Habitat. No negative effeets on wildlife and wildlife habitat will occur with the amended plat. FINDINGS OF FACT AND ORDER - AMENDED PLAT OF PARKWAY PLAZA PAGE 2 -- . . . ~ . 6. Effects on Public Health and Safety. No negative effects on public health and safety will occur if the lots are not aggregated and each lot is served by individual water service lines. Construction on the two lots should be limited to a tri-plex due to the size of the property and the fact that the two lots are too small in area for a four-unit structure, per the R-4, Residential High Density Zoning District lot area regulations. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN P ART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The proposed plat is in compliance with the regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures of the Bozeman Area Subdivision Regulations. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Appropriate easements are indicated on the preliminary plat. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel. ORDER After considering all matters of record presented at the public hearing and meeting, the Bozeman City Commission found that, with conditions, the proposed subdivision is in complianee with the Montana Subdivision and Platting Act, and complies with the criteria established for review. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat application to amend the use and purpose notes on the final plat of Parkway Plaza Subdivision to allow Lots lA and IB, Block 4, to be used for multi-family use is approved, subjeet to the condition listed below. The request to aggregate the lots to create one 11,947 sq.ft. lot is denied, as construction under the townhouse and/or zero lot line provisions of the Zoning Ordinanee would better aecommodate water service to the structure. The evidence that justifies the reeomrnended conditions is to ensure that the final plat complies with all regulations, to ensure that adequate water service ean be provided to the lots with the existing water service lines, and that a future purchaser ofthe lots is not misled into thinking more than a tri-plex could be constructed on the property. FINDINGS OF FACT AND ORDER - AMENDED PLAT OF PARKWAY PLAZA PAGE 3 . .. \ ,. - ". 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 procedures of Section 76-3-625, M.C.A. The condition of approval for this subdivision are as follows: 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats shall eontain all required certificates, existing easements, and corrected notes, as well as a note regarding the purpose of the amended plat, and a note indieating that Lots lA and IB, Bloek 4, are limited to a maximum of a tri-plex structure, with two units on Lot 1A and one unit on Lot IB. Two cloth baek (or equivalent), two mylar, and a digital copy of the plat must be submitted for [mal plat review, along with a Platting Certificate. 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 developer, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this 7th day of July. 1997. BOZEMAN CITY COMMISSION By: ( a c! ~~ Don E. Stueck, Mayor ATTEST: APPROYJ7D AS TO FORM: a~ ~~ . ' " I /7 " (\ I l,/' /' 1_'; , . ~---- - ,/ 4 (~ I/Pf t{iI~_Lf? Robin L. Sullivan Paul 1. Luwei I . Clerk ofthe Commission City Attom~ FINDINGS OF FACT AND ORDER - AMENDED PLAT OF PARKWAY PLAZA PAGE 4