HomeMy WebLinkAbout00- Farmhouse Partners Subsequent Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FARMHOUSE FINDINGS
PARTNERS, REPRESENTED BY C&H ENGINEERING AND OF FACT
SURVEYING, FOR PRELIMINARY PLAT APPROVAL OF AND ORDER
SUBSEQUENT MINOR SUBDMSION.
This matter came before the Bozeman City Commission on June 19,2000, 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 Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and
Bozeman Zoning Ordinance. The applicant presented to the Commission a Preliminary Plat for a
subsequent Minor Subdivision of 1.906 acres as submitted in its original form on May 16, 2000, P-0024.
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 May 16, 2000, Farmhouse Partners, represented by C&H Engineering and Surveying, submitted
an application for approval to subdivide 1.906 acres into two lots. The property is located in the SE 1/4
of Section 8, T.2S, R.6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is
zoned R-O (Residential Office District). The applicant requested a waiver from the Environmental
Assessment and Community Impact Statement requirements per Section 16.18.020 (B).
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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 meeting and public hearing was posted at the site and also
sent to adjoining property owners on May 26, 2000. 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 June 6, 2000.
The Planning Board found that the application was properly submitted and reviewed under the procedures
of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed
the staff report and the evidence which justified the imposition of conditions.
The representative for the applicant made a formal presentation in favor of the requested
subdivision and agreed to all conditions presented in the Staff Report. The Planning Board then opened
the public hearing. There were no comments from the general public in favor of or in opposition to the
proposed subdivision. Receiving no response, the Planning Board closed the public hearing.
The Planning Board agreed, pursuant to Section 16.18.060 of the Bozeman Subdivision
Regulations, to waive the requirement for an environmental assessment/community impact study, accepting
in lieu thereof a summary of probable impacts.
The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with conditions as recommended by Staff, passed on a vote of8 in favor and
o in opposition.
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IV.
The application was considered by the Bozeman City Commission at its regular meeting on June
19,2000, at which time the recommendation of the Planning Board and information compiled by City staff
was reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the review
criteria established by Statute, and found as follows:
A PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision will have no effect on agricultural production because there is no present
commercial raising of livestock or crops.
2. Effects on Agricultural Water User Facilities.
There are no agricultural water uses on the proposed subdivision. There is one stormwater
retention area located on the proposed Lot 1 A-2. The retention area is proposed to be relocated
slightly to the west to accommodate a future proposed 4 unit apartment building.
3. Efftcts on Local Services.
Water/Sewer: Water and sewer services can be provided by connection to existing lines located
on the site. General capacity limitations for water and sewer facilities are not anticipated by the
Engineering Department staff as a result of the subdivision. The design and approval of water and
sewer stub extensions have been addressed in conditions #3 and #4.
PolicelFire: With prior annexation, police and fire protection have been available to the site. The
subdivision into two lots will not increase the likelihood of emergency services being required.
Streets: Ajoint access/parking easement location between Lots 1 A-I and 1 A-2 for access, parking,
and utilities will be depicted on fmal plat.
4. Effects on the Natural Environment.
Stormwater and drainage concerns have been addressed through condition # 1. An agreement
which binds the owners of Lots 1 A-I and 1 A-2 to the maintenance, operation and any liability
associated with the stormwater facilities shall be provided and filed with the County Clerk and
Recorder's office.
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5. Effects on Wildlife and Wildlife Habitat.
Due to its historically residential use, its lack of any natural bodies of water located on subject
property, the development ofadjacent properties, and its proximity to Haggerty Lane, no significant
adverse effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF 1HE
MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply
with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions addressing effects on local services, natural environment, and public health and
safety, the final plat will comply with the regulations.
D) COMPLIANCE WITH THE REOUIRED SUBDNISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on May 25, 2000.
E) PROVISION OF EASEMENTS FOR 1HE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES. All utilities and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the subdivision.
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 Area Master Plan and the requirements of
the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman
Zoning Ordinance, 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.
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TIlEREFORE, IT IS HEREBY ORDERED that the Subsequent Minor Preliminary Subdivision
Plat for Fannhouse Partners, be approved, subject to the following conditions:
GENERAL:
1. The Stonnwater, Grading, and Drainage Plan for the subdivision for a system designed to remove
solids, silts, oils, grease, and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The plan must depict the maximum sized retention/detention basin location, and locate and provide
easements for adequate drainage ways within the subdivision to transport both on and off-site
runoff to the stonnwater facilities. Stonn water receiving channels shall be clearly identified for
all ponds, and any easements necessary to convey stormwater to receiving channels shall be
provided. The plan shall include sufficient site grading and elevation infonnation for the basin sites,
drainage ways, and lot finished grades, typical stonnwater retention/detention basin and discharge
structure details, basin sizing calculations, and a stonnwater maintenance plan.
Any stonnwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the nonnal use and maintenance of the park or open space.
Applicant shall provide and file with the County Clerk and Recorder's office an agreement which
binds the owners of both Lots lA-I and IA-2 to the maintenance, operation and any liability
associated with the stonnwater facilities.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the site plan review process.
2. Building pennits for Lot 1 A-2 will not be issued prior to approval of a site plan for the lot created
by this subdivision.
3. Existing water and sewer services are located for the two existing apartment buildings. Applicant
will need to stub off these main lines for the future development of the 4 unit apartment building.
4. The City of Bozeman will install the required domestic and sanitary sewer services to the edge of
the easement with all costs borne by the owner.
5. The Final Plat must show joint access/parking easement location between Lots I A-I and I A-2 for
access, parking, and utilities. Existing easement is not sufficient.
6. Final plat must be appropriately titled, Minor Subdivision No. Amended Plat of Lot lA.
7. Final Plat must show all correct certificates of city agencies since property has been annexed into
city.
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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 three years 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 Subdivision Regulations.
DATED this 6th day ofJuly, 2000.
BOZEMAN CITY COMMISSION
By /i?1~(J~
Marcia B. Youngman, a r
A TIEST: APPROVED AS TO FORM:
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Robin L. Sullivan
Clerk of the Commission