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HomeMy WebLinkAbout94- Roger H. and Rosalind Smith , .. . .. .. . , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT ROGER H. AND ROSALIND SMITH FOR PRELIMINARY AND ORDER SUBDIVISION PLAT APPROVAL OF ANNIE SUBDIVISION, PHASE II 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, a public hearing was held, after notice given, before the Bozeman City-County Planning Board on June 7, 1994, and a public meeting before the Bozeman City Commission on November 7, 1994, on the above-entitled application. The purpose of the public hearing and meeting was to review the proposed Preliminary Subdivision Plat of Annie Subdivision, Phase II, 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 and to consider written comments. It appeared to the City Commission that all parties wishing to appear and comment were given the 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: 1 , ,; , , FINDINGS OF FACT I. The application for preliminary plat review and approval for the subdivision of 94.934 acres located in the Annie Annexation, being more particularly described as being in the NE~ and the SE~ of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, was made on April 28, 1994. The subdivision will create five tracts for future subdivision/development, dedicate existing easements for Oak Street and Annie Street, and dedicate 18.512 acres of park land. The lots will be served by City of Bozeman water and sewer services, and will be accessed from Durston Road, Annie Avenue, and Oak Street. II. Notice of a public hearing before the City~County Planning Board and of a public meeting before the City Commission was published in the Bozeman Daily Chronicle, on May 22, 1994, and the Notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The matter was heard before the Bozeman City-County Planning Board on June 7, 1994. The developer indicated his acceptance of the conditions recommended in the Staff Report. There were no members of the public present to testify at the hearing. 2 , . . ,; . . IV. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and was in accordance with the Bozeman City Zoning Regulations and Master Plan, the Planning Board reviewed and considered the five criteria established in Title 76- 3-608, M.C.A. , 1993. The Planning Board found that the preparation of a Community Impact Statement and Environmental Assessment were not necessary as most of this information can be found in the Bozeman Area Master Plan, and the studies are not relevant at this time. Therefore, the Board granted a waiver of these requirements with the understanding that full studies may be required with the development of each lot, if a need is determined by City Staff. The Planning Board found that the subdivision complied with the review criteria, and therefore referred the application to the Bozeman City Commission for their final decision, with a recommendation of conditional approval. V. The matter was scheduled to be considered by the City Commission at a public meeting at 3:00 p.m. on June 20, 1994. At the request of the applicants' representative, attorney Donald E. White, the application was continued indefinitely to give the applicants, their attorney, and appropriate City Staff the opportunity to review and discuss the wording of recommended Waivers of Right to Protest SIDs. 3 . . . . . . . , VI. The matter was then scheduled to be considered at a public meeting before the City Commission on November 7, at the request of the applicants' representative. The developers' representative indicated to the Commission that the developers concurred with all conditions recommended by the Planning Board, including condition no. 7 , regarding Waiver of Right to Protest SIDs. VII. The Bozeman City Commission considered the minutes, record and recommendation of the Planning Board and weighed the proposed subdivision against the five review criteria established by State Statute, and found as follows: AGRICULTURE: The property is currently farmed with rotating crops of wheat and alfalfa. Further subdivision of this land will remove 94+ acres from agricultural production. However, the property was annexed 14 years ago and is zoned and planned for residential development. LOCAL SERVICES: The subdivision will have no immediate effects on local services as no homes can be constructed until streets, sewer and water are provided. NATURAL ENVIRONMENT: No effects to the natural environment have been identified. The reviews required for further development of lots will ensure that any negative impacts on the environment will be adequately mitigated. WILDLIFE AND WILDLIFE HABITAT: As no wildlife or wildlife habitat has been identified on the property, the subdivision will have no impact on wildlife or their habitat. 4 . . . ,. . . PUBLIC HEALTH AND SAFETY: The development of this property should not create any adverse effects on public health and safety. There will be effects from the volume of traffic added to the existing street system as each lot develops, more specifically to Durston Road. Proposed street improvements in the area, such as the construction of Oak Street to North 19th and North 19th from the interchange to Durston Road will reduce some of this traffic. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Annie Subdivision, Phase II, has been found to comply with the review criteria, Subdivision Regulations and Zoning Ordinance, and is therefore approved, subject to the conditions listed below: 1. That the Final Plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. 2. The following notes shall be added to the plat: A) Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed. B) No structure(s) may be built on any lot until water and sewer services are provided to the lot and until an adjoining public or private street is improved to access the lot. 3. That the County Weed Control Officer approve a Weed Control Plan for the subdivision, and a signed copy of the Plan be submitted to the Planning Office prior to Final Plat approval. 4. That the sanitary restrictions be lifted on Lots 1, 3, 4 and 5 unless provisions are made to restrict any construction on the lots until further platted. 5. That the Final Plat indicate the intended use of the property, and acreage of the sUbdivision, gross and net. All existing irrigation ditches (unless ditches are vacated by owner(s)) must also be shown. A 35-foot setback note shall be placed on the plat indicated that no construction can occur within 35-feet of the high water mark of the stream/ditch, and that five feet of that setback 5 -;- . . ~ . . . must remain in natural vegetation. A 10-foot maintenance easement shall be provided along both sides of all irrigation ditches. 6. That the street rights-of-way shown on the preliminary plat for Oak Street and Annie Street shall be dedicated to the City of Bozeman on the final plat, and the existing street easements on the north and west boundary shall be properly identified on the final plat. 7. The property owners shall provide and file with the County Clerk and Recorder's Office an executed Waiver of Right to Protest Creation of SIDs (unless already filed on the property). The Waivers shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage. b. Signalization improvements at Durston and North 19th. c. Street improvements to Oak Street from North 19th westerly to the center line of Section 2, including paving, curb/gutter, sidewalk, and storm drainage. d) Water Main extension improvements for Oak Street from North 19th to the center line of Section 2. e) Park maintenance and/or improvement district(s). Said Waiver shall be a covenant running with the land and shall not expire. 8. That the park boundaries shall be delineated at the survey pins with 4-foot steel posts, prior to final plat approval. 9. That the developer shall have three years from the date of preliminary approval to complete the above conditions and apply for final plat approval. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, November 7, 1994. At the end of this period the City corrunission may, at the request of the subdivider, extend its 6 . .. .. ,; . . . .. approval for not more than one ( 1 ) calendar year. However, preliminary approval may be extended for more than one calendar year if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this 21st day of November, 1994. BOZEMAN CITY COMMISSION ATTEST: 9~;/ ~ Robin L. Sullivan Clerk of the Commission APPROVED AS TO FORM: 7