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Home My WebLink About97- Richard Shanahan at Bridger Creek Subdivision l I .. . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT RICHARD SHANAHAN, FOR PRELIMINARY PLAT AND ORDER REVIEW OF A TWO-LOT MINOR SUBDIVISION OF LOT 46, BRIDGER CREEK SUBDIVISION, PHASE I, CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, and the Bozeman Area Master Plan, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat of a two-lot minor subdivision, as submitted by the applicant, together with the required supplementary plans and information, to determine if the submitted information 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 comment were given the opportunity to do so, and as the City Commission was fully advised of aU matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT 1. The complete application for the preliminary subdivision plat review of the two-lot minor subdivision, was submitted to the Bozeman City-County Planning Office on May 28, 1997. The preliminary subdivision plat, as proposed, will create two (2) townhouse subdivision lots. The units will be served by City of Bozeman water and sanitary sewer services, and will be accessed from Par Court, a City standard street. No park land dedication or open space is proposed with this application. Finding that the subdivision met with the criteria outlined in Section 16.08.030 of the Bozeman Area Subdivision Regulations the subdivision was eligible for minor subdivision review and approval. The Bozeman City-County Planning Office caused the subdivision submittal to be reviewed by applicable agencies and departments. Those comments, along with those of the City- County Planning Staff, were incorporated into the review forwarded to the Bozeman City-County SgN~jl.NMf&Qi,$p;tljjIJ$tQNiRmQ$Qfj,EA~mRQKtJEit 1 - , , . . Planning Board for their review and recommendation to the Bozeman City Commission. II. The matter was considered by the Bozeman City-County Planning Board on June 17, 1997. No members of the public spoke at the meeting and no written comment was received. The applicant identified a need to clarify the language in condition two and three prior to the City Commission meeting. As there was no public testimony the Planning Board discussed with the Planning Staff how the minimum lot width of each pie-shaped lot was determined. After finding that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and Montana Subdivision and Platting Act, the Planning Board voted 7 to 0 to recommend conditional approval of the application to the City Commission. III The application was considered by the Bozeman City Commission at their regular meeting of July 7, 1997. the Commission weighted the proposed subdivision against the applicable review criteria established by Statute, and found as follows: 76-3-608.3.b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed two-lot minor subdivision has complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act. (ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The proposed two-lot minor subdivision is in compliance with the Bozeman Area Subdivision Regulations. (iii) - Compliance with the local subdivision review procedures. The application complies with the subdivision review procedures for a minor subdivision established in the Bozeman Area Subdivision Regulations. 76-3-608.3.c, M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. Appropriate easements shall be indicated on the Final Plat and the appropriate certificate on the plat grants the use of the easements to the necessary entities. As noted previously, the Superintendent of Water/Sewer notes that an easement must be provided on the Final Plat for sewer and water lines crossing Lot 46A to serve Lot 46B. SiANA.NmNQ&:sWipiJ$tQN)fiiNQ$Qflh\q'f~pii$R 2 ~ . . .. 76-3-608.3.d. M.C.A. (d) - Provisions ofIegal and physical access to each parcel. Legal and physical access to this application for Preliminary Plat review is currently provided by Par Court, which was constructed to full City standard street standards prior to Final Plat approval of Bridger Creek Subdivision, Phase 1. IV. After weighing the public interest criteria and the recommendation of the Bozeman City- County Planning Board, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence that justifies the conditions is that the subdivision must comply with the above referenced documents, and adverse impacts created by the subdivision, which requires mitigation, justify the imposition of the conditions below. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat application to subdivide Lot #46, Bridger Creek Subdivision, Phase I, into two (2) townhouse lots, be therefore approved subject to the following conditions: 1. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback copies ofthe 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 1/2" floppy disk; 2. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805. A.R.M.; 3. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for both lots, 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, and that the Final Plat contain a twenty (20) foot wide utility easement for sewer and water service lines crossing Lot 46A to serve Lot 46B; 4. That the applicant submit protective covenants for creation of a homeowner's association for the two townhouse lots containing the applicable provisions outlined in the staff report, and that the covenants be reviewed and approved by the Planning Office prior to the applicant submitting for Final Plat review and approval; 5. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to installation of all improvements, the developer 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; 6. That the developer shall have three (3) years from the date of preliminary plat approval to $UN~~NmNQi.'$tf#PJYt$liN;,.,:'_WG$.Qij::ij~GW:~..Qi1ui:R 3 .. . ... "ill .IIi .4' . complete the conditions of Preliminary Plat approval and apply for Final Plat approval for the two-lot minor subdivision; and 7. That the applicant submit with the application for Final Plat review of the two-lot minor subdivision a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, July 7,2000. At the end ofthis period the City Commission may, at the request of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary approval may be extended for more than one (1) calendar year if the developer enters into, and secures, an Improvements Agreement for the Subdivision. 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. DATED this 2nd day of September , 1997. BOZEMAN CITY COMMISSION ( O~ ;: h~o~~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: (2~J ~ Robin Sullivan, Clerk of the Commission $il.$'~i\N,~ait'sPipIJ$tQN;:,'~iQ$'PFF*GT$NQ'Q~ij[t{ 4