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HomeMy WebLinkAbout00- Gillespie Minor Subdivision 06-05-00 IOOlespie Minor Subdivision Findin~sof Fact and Order .. i> HP..OOO9.. ,. '," '.<, ,,, '",' '", <11 "<j":; '~'''!:'>';~';':;<;;'<i' , BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF ED ADAMSON FOR PRELIMINARY PLAT APPROVAL OF GILLESPIE MINOR SUBDIVISION, ON BEHALF OF NORMA GILLESPIE FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on April 17, 2000, and was continued until May 1, 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 proposed Preliminary Subdivision Plat for a residential three lot minor subdivision as submitted in its original form on March 3, 2000, along with the required supplementary plans and information. 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 environmental assessment and 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: . ..--.-- 1 Gillespie Minor Subdivision Findings of Fact and Order . '#P~OOO9'" "" . ",:!~ "\", ' ,.,.., '.'.'1 ,,,,:. ..'",: "':"2. FINDINGS OF FACT On March 3, 2000, Ed Adamson submitted an application for approval to create GiJ1espie Minor Subdivision, a minor subdivision dividing 0.4479 acres into three lots on property owned by Norma GiJ1espie, located in the NE1j.~, NWlA of Section 7, T.2S, R.6E, PMM, City of Bozeman Gallatin County, Montana. The subject property is located at 636 East Davis Street, legally described as Lot B, Amended Subdivision Plat of a portion of Block 3, Babcock and Davis Addition and a portion of Block 43, Northern Pacific Addition to the City of Bozeman, Montana, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and is zoned R-3 A "Residential Two Family Medium Density". All lots in the subdivision are for residential purposes and other uses as allowed by the applicable zoning regulations. The applicant requested a waiver from the Environmental Assessment Statement requirement. 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. m. Notice of the time and date of the public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on April 16, 2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. .Gilles ieMinorSubdivisionFindin s of Fact and Order The Bozeman Planning Board considered the application on the consent agenda at its regular meeting on April 4, 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. Although on the consent agenda staff reviewed the project. The applicants stated they were not in opposition to the conditions presented in the Staff Report The Planning Board then opened the public hearing. The proposed condition regarding the applicant's Waiver of Right to Protest the creation of a Special Improvement District for street and sidewalk improvements to East Davis Street and Plum A venue prompted a member of the public to question the creation of such a district. Following call for additional public input and receiving no response the Planning Board closed the public hearing. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed ort a unanimous vote of 8 in favor and o in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on May 1,2000, at which time the recommendation of the Planning Board and information requested by the Planning Board and compiled by City staff was reviewed by the Planning & Community Development Department Staff. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: I Gillespie MinorSubdivision FindinKs of Fact and Order #p.(I009 . ......J' .... "II' ....1 ' ,...' ii"I.'. >>':""::>:'. i. ,4 A. PRIMAR Y REVIEW CRITERIA The basis for the Governing Body's decision to approve, conditionally approve, or disapprove a subdivision is whether the preliminary Plat, applicable environmental assessment, planning board recommendation, public hearing, or additional information demonstrates that the development ofthe subdivision meets the requirements of the Montana Subdivision and Platting Act. When a minor subdivision complies with the adopted master plan, the subdivision is exempt from the primary review criteria listed in Section 76-3-608(3)(a), MCA, 1999 (effects on agriculture, agriculture water users facilities, local services, natural environment, wildlife and wildlife habitat, and public health and safety). This minor subdivision does comply with the Bozeman Area Master Plan and is therefore exempt from review of the primary criteria. The subdivision must be reviewed against the remaining criteria of the MCA, and the review of this required criteria follows. A) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or wi11 comply with survey requirements of the Act. B) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the subdivision wi11 comply with the Bozeman Area Subdivision Regulations. As with all Final Plats, a Platting Certificate must be submitted with the Final Plat. C) COMPLIANCE WITH THE REOUIRED SUBDIVISION 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, and the notice was published in the Bozeman Daily Chronicle on April 16, 2000. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements wi11 be provided. !OOlespieMinor Subdivision Findings of Fact and Order HP..oooo "",,>>: ""''',,'''''' """j/:' "~:I " II ':; ,," p "',, , ' ", I ~ ~ ' F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel will be provided. All drive approaches must be constructed in accordance with the City's standard approach. Two parcels will have access from East Davis Street. The existing residential parcel has an access drive on East Davis and a driveway accessing a garage on Plum. ORDER After considering al1 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Gillespie Minor Subdivision be approved, subject to the fol1owing conditions: GENERAL: 1. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, required certificates, and a platting certificate. Two cloth back (or equivalent) and Two mylar copy of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high density 31/2" floppy disk and five (5) paper prints. 2. The applicant shall change the Certificate of Dedication and Certificate of Waiver, to the correct Certificate of Consent on the Final Plat. 3. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations 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 two (2) signed IOOlespieMinor SubdivisioIIFindings of Fact and Order #JLOOO9 ).>.\!<;,..,.' " ........1 .6 clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. WATER AND SEWER: 4. The final location of the water and service lines shall be approved by the Water and Sewer Superintendent prior to the installation of service lines with written documentation that the locations have been approved and submitted to the Planning Department prior to Final Plat. Installation of the water and sewer service by the city will be completed following the filing of permit applications and payment of estimate fees at the Building Department. Location of the water meter and backflow protection must be approved by the Water Department. STREETS, CURB & GUTTER AND SIDEWALKS: 5. Unless already filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of S.lDo's for the following: a. Street improvements to East Davis Street, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Street improvements to Plum A venue including paving, curb and gutter, sidewalks and storm drainage The document filed shall specify that in the event an S.lD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 6. New sidewalks shall be installed where lacking along East Davis Street frontage adjacent to this subdivision prior to final plat approval 7. Any existing sidewalk panels adjacent to the subdivision which are cracked or otherwise unserviceable shall be replaced, prior to final plat. MISCELLANEOUS: 8. Since most of the infrastructure serving this subdivision is already in place, preliminary plat approval is effective for one year. IOillespieMinor Subdivision Findings ofFact8J1d Order #P.ooo9 1 :" :, ~" , : ' I ~:; ,..~" '" : : , : :" "~' .. ...:'."(>11 ',', :;;Ii~;',:,: :;'~'<1 ~,<>"; 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 1 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 Subdivision Regulations. DATED this 5th day of June, 2000. BOZEMAN CITY COMMISSION By: ~B 'to Marcia B. Youngman, Mayor (1JZ oy~ Robin L. Sullivan Clerk of the Commission