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HomeMy WebLinkAbout07- Baxter Meadows PUD Phase 4 Minor Subdivision BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF BAXTER MEADOWS DEVELOPMENT LP., OWNERS, FOR PRELIMINARY APPROVAL OF THE PLAT OF BAXTER MEADOWS PUD PHASE 4 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on April 2, 2007, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide - 67 acres into 4 lots for further subdivision, as submitted in its original form on January 16,2007, (#P-07004) and found to be adequate and sufficient for continued review on February 12, 2007. 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 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 this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On January 16, 2007, the applicant / owner, Baxter Meadows Development LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102., submitted an application for approval to subdivide the Baxter Meadows PUD Phase 4 Minor Subdivision, a subsequent minor subdivision to divide - 67 acres into 4 lots for further subdivision, on property zoned R-3 (Residential Medium Density District), B-2 (Community Business District) and PLI (Public Lands and Institutions District). The property is Baxter Meadows PUD Phase 4 Minor Subdivision Findings of Fact legally described as Lot 4A-l of COS 2202B, located in the SE 1,4 of Section 34, Tl S, R5E and in the NE % of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report with suggested conditions of approval, which was provided to the Bozeman Planning Board. III. Notice of the time and date of the public hearings was posted at the site. The notice was mailed to all adjoining property owners by certified mail on February 16, 2007. Notice of the time and date of the public hearings was published in the Bozeman Daily Chronicle on February 21,2007. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on March 6, 2007. The Planning Board found that the application was properly submitted and reviewed under the procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public hearing. No members ofthe public were present speaking in favor of or opposition to said Subdivision Preliminary Plat. The Board closed the public hearing. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with the conditions as recommended by Staff, passed on a vote of 5 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on April 2, 2007, at which time the recommendation of the Planning Board, presented in Planning Board Resolution # P-07004, and information compiled by City staff was reviewed. The applicant made a formal presentation in favor of the requested subdivision, and indicated agreement with all conditions. There was no comment from the general public. v. Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 20f6 The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. 1. Effects on Agriculture. Historically, the subject property has been used for agricultural purposes with the majority of parcel in cultivated crops or pastureland, most recently barley. 2. Effects on Agricultural Water User Facilities. The applicant has indicated that agricultural water levels in the Spring Ditch will be maintained. 3. Effects on Local Services. Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal water and sewer systems. Streets: Access to the subdivision will be from the existing Baxter Lane and Davis Lane. 4. Effects on the Natural Environment. Stormwater management will be addressed at the time of further subdivision. Applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historical uses and the development of surrounding lands, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because municipal sewer will service future development in the subdivision, the threat of groundwater degradation from on site sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision complies or will comply with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 30f6 or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Bozeman Municipal Code and shall be addressed on the final plat: a. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the executed documents shall be submitted with the final plat. b. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5) paper prints. c. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single- phased major subdivisions and three years for multi-phased major subdivisions. 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 Commission 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, provided for in ~18.74.060, BMC. d. 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. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The hearings before the Planning Board and the City Commission have been properly noticed, as required in the Bozeman Municipal Code. The notice was mailed to all adjoining property owners by certified mail on February 16, 2007. The proposed project was noticed in the Bozeman Daily Chronicle on February 21, 2007. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 40f6 All lots within the subdivision will have direct access to the dedicated public streets or easements. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Montana Subdivision and Platting Act, and Title 18 of the Bozeman Municipal Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Baxter Meadows pun Phase 4 Minor Subdivision, for Baxter Meadows Development LP., be approved subject to the following conditions: 1. Building Permits will not be issued for any lot in this subdivision until all required on and off- site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be utilized on any lot in this subdivision until this restriction, is liftt(f"1bis restriction runs with the land and is revocable only by further subdivisi9'r{or~~lnten.consent of the City of Bozeman. - - . '\. - -~....- -....-,.- ----- , -- -- "- - - - -....- ~ ~.......~ 2. The zoning ~ a~eri.! shall be approved by the Commission, but the ordinance need not be finalized, ~~ ~~~nal Plat approval. . . --:-. _. ,.... \.. ' 3. As further subdiv1S~review is required before any portion of this subdivision can be developed; th~ion of water rights or cash in-lieu thereof as required in the Annexation Agreement, shitUkue1ayed until the property is further subdivided. If, through any relaxation of this requirement, any portion of this minor subdivision is developed for any reason or use, ALL water rights or cash in-lieu thereof for the entire minor subdivision must be provided prior to issuance of final site plan approval and/or a building permit, whichever first occurs. Water rights, or if water rights are not available cash-in-lieu thereof, are calculated by the City Engineer. 4. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 5. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to filing of the final plat. This City Commission order may be appealed by bringing an action in the Eighteenth District Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 50f6 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. Pursuant to Section 18.06.040.D.6 of the Bozeman Municipal Code, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions effective 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 Title 18 of the Bozeman Municipal Code. DATED this 16th day of April 2007. BOZEMAN CITY COMMISSION BY:(~- {( IL-..-r Jef au ayor _'~. .. . -.>, _..".----,........ .." ~".,r :-.. _,,-,, ........... "* v............ -- . Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 6of6