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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:
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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:
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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.
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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
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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
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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:
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Marcia B. Youngman, Mayor
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Robin L. Sullivan
Clerk of the Commission