HomeMy WebLinkAbout07- Old Chicago Minor Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF
GARDEN CENTER INN, LLC, REPRESENTED BY
HYALITE ENGINEERS, FOR PRELIMINARY
APPROVAL OF THE OLD CHICAGO MINOR
SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commisslon on December 4, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivlsion Plat for a 2-lot Second or Subsequent Minor Subdivision from a Tract of Record, as
submitted in its original form on October 3,2006, #P-06054. The Commission held a public hearing
on the preliminary plat and considered all relevant evidence relating to the public health, safety, and
welfare, including the recommendation of the Bozeman Planning Board, to determine whether the plat
should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
thts application, the Commisslon makes the following Findings of Fact, as required:
FINDINGS OF FACT
1.
On October 3, 2006, Garden Center Inn, LLC, represented by Hyalite Engineers, submitted an
application for approval to create a Second or Subsequent Minor Subdivision from a Tract of Record
for 3.4 acres. The subject properties are legally described Lot 55 of the Stoneridge P.U.D. Minor
Subdivision #2, situated in the northeast one-quarter of Section 2, T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana. The subject property is zoned "B-2" (Community Business District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated lllto a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
III.
Public notice was provided via publication of a legal notice in the newspaper, posting the subject
property, certified mailing of notices to adjacent property owners, and first class mailing of notices to
other property owners within 200 feet of the subject property.
The City of Bozeman Planning Board held a public hearing on November 21, 2006. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence which justified the imposition of conditions.
The Planning Board then opened the public hearing for public comment and no members of the
public spoke.
The City of Bozeman Planning Board then moved to recommend conditional approval of the
subdivision with conditions as recommended by Staff and passed on a vote of 7-0.
IV.
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The application was considered by the Bozeman City Commission at its regular meeting on
December 4,2006, at wmch time the recommendation of the Planning Board and information compiled
by City staff was reviewed.
v.
A. Primary Review Criteria
1. Effects on Agriculture
The property has planned, zoned and developed for commercial uses. The area has
been platted and developed for many years, and does not support agricultural uses.
There are no adjacent agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. Water and Sewer services are currendy obtained from Commerce Way
and a 35-foot utility easement along the eastern property boundary. No modifications to
these services are proposed. Existing water and sewer service lines must be accurately
depicted on the flllal plat. This has been included as a condition for Final Plat approval.
Police/Fire. The property is well within the City's Police and Fire emergency response
area. The subdivider must obtain an address for the new lot from the City Engineering
Division prior to filing of the final plat to facilitate fire and police response to the site.
Streets. No modification to the access and street configuration is proposed. A perpetual
reciprocal easement for access, driveways, parking, snow storage, drainage, etc. must be
executed prior to flllal plat approval. This has been included as a condition for Final Plat
approval.
All existing and proposed easements, including adjacent right-of-ways, shall be depicted
upon the preliminary plat. This has also been included as a condition for Final Plat
approval.
Stormwater. Stormwater facilities have been provided with the development of
Stoneridge P.U.D. Subdivision.
Parks. Parkland dedication was provided with the Stoneridge P.U.D. Parkland
dedication cannot be required with minor subdivisions.
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Utilities. There are existing power, cable and phone utilities that were installed with
initial development of the subject property. This includes a 35-foot utility easement
along the eastern property boundary. No mollifications are proposed.
4. Effects on the Natural Environment
The existing weed plan, as approved through the original subdivision, is found to be
acceptable.
5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. The subject property has
been developed for commercial uses for some time.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the tide. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a prelimmary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. In accordance with UDO Section 18.42.060, all easements, existing and proposed, shall
be accurately depicted on the final plat.
2. A final copy of the covenants, restrictions, and articles of incorporation, with language
that indicates that these lots are included in the homeowner's association, shall be
submitted with the flllal plat application for review and approval by the Planning
Department and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/ open
space corridors, stormwater facilities, public trails, snow removal, and other areas
common to the association pursuant to Chapter 18.72 of the Bozeman Unified
Development Ordinance.
3. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
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that as-built drawmgs for public improvements were received, a platting certificate, and
all required and correct certificates. The final plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester ftlm (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk;
and five (5) paper prints.
4. Pursuant to Section 18.06.040.0.6, conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the
Planning Director for the City Commission's consideration. The City Commission
may, at the written request of the developer, extend its approval for no more than one
calendar year, except that the City Commisslon may extend its approval for a period of
more than one year if that approval period is included as a specific condition of a
written subdivision improvements agreement between the City Commission and the
developer, provlded for 1ll ~18.74.060, BMC.
5. Pursuant to Section 18.7 4.030.B, if it is the developer's intent to fue the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into 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 fmal plat is
filed prior to the installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150 percent of the cost of the
rema1ll1llg nnprovements.
6. Pursuant to Section 18.06.060, the applicant shall submit with the application for final
plat review and approval, a written narrative stating how each of the conditions of
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on August 7, 2006. The pre-application was
reviewed by the DRC on August 16th, 23rd, and 30th, 2006, and the final pre-application letter
was mailed on August 30th, 2006. The applicant had until August 30th, 2007 to submit a
preliminary plat application.
A preliminary plat application was submitted on October 3rd, 2006 and the required
completeness letter was sent on October 6th, 2006. The preliminary plat was reviewed by the
DRC on October 25th, November 181, and 8th, 2006, and the required adequacy letter was mailed
on November 8th, 2006. On the third and final week of DRC review, a favorable
recommendation was forwarded for consideration by the Planning Board and City Commission.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
November 5th, 2006. The site was posted with a public notice on November 3rd, 2006. Finally,
notice was sent to adjacent property owners via certified mail, and to all other property owners
of record within 200 feet of the subject property via ftrst class mail, on November 3rd, 2006.
On November 14th & 15th, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its
November 21st, 2006 public hearing. The City Commission made a flllal decision at a
December 4th, 2006 public hearing.
E. Provision of easements for the location and installation of any planned utilities.
No modifications are proposed.
F. Provision of legal and physical access to each parcel.
Both lots gain access from Commerce Way. A perpetual reciprocal easement for access,
driveways, parking, snow storage, drainage, etc. will be required. This must be executed prior
to Final Plat approval. This has been included as a condition for Final Plat approval.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Growth
Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the Montana
Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced
in the Findings of Fact, justifies the imposition of the conditions ordered herelll to ensure that the flllal
plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Old
Chicago Minor Subdivision for the property owner Garden Center Inn, LLC, be approved, subject to
the following conditions:
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Conditions of Approval:
1.
When two lots are created, each lot will be expected to provide adequate landscaping to comply
with the landscape performance standards contained in Section 18.48.060 of the UDO. A
revised landscaping plan illustrating how the performance standards will be satisfied must be
submitted with the flllal plat application. Any additional landscaping that is required shall be
installed or flllanClally guaranteed prior to final plat approval.
2.
The perpetual reciprocal easement for access, driveways, parking, snow storage, drainage, etc.
must be executed prior to fmal plat approval.
All existing and proposed easements (including adjacent right-of-way) shall bedeprcteJ upon
the flllal plat. . :-
3.
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4.
5.
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Existing water and sewer service lines shall be accurately deplcted upon the. final prato ':
The flllal plat shall comply with the standards identified and refereric~ ~..t?e Unified
Development Ordinance. The applicant is advised that unmet code pr@vi~tbni,: Qr,.:~e .
provisions that are not specifically listed as conditions of approval, does not, ill ahyway, cie~.te a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal'CoCle or state
law.
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 these Findings by the City Commission,
by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of this subdivision
shall be effective for one year from the date of adoption of these Findings by the City Commission. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
DATED this 8th day of January, 2006.
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ATTEST:
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BRfT FONTEb:bT
CI'tY CLERK .
BOZEMAN CITY COMMISSION
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MAYR
APPROVED AS TO FORM:
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