The URL can be used to link to this page

Home My WebLink About14- Grindley The Fowler Place Findings of Fact and Order Return To: p�ATTE� City of Bozeman Clerk's Office P.O. Box 1230 Bozeman, MT 59771-1230 2500643 Page: 1 of 7 12/31/2014 09:35:07 AM Fee: $49 00 Charlotte Mills - Gallatin County, MT MIsc I IIIIIII IIIIII III IN 1111111111111111111 INIIII IIIII IIIII IIIIIII III II,III IIIII IIII IIII BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF JIM AND SYLVIA GRINDLEY PRELIMINARY PLAT REVIEW FINDING OF FACT OF THE FOWLER PLACE MINOR SUBDIVISION, CITY AND ORDER OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76- 3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified Development Code, A public hearing was scheduled, after notice given, before the Bozeman City Commission on July 14, 2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide one (1) existing lot, containing approximately 0.328 acres. The project is generally located 308 Fowler Avenue and is located at the sound end of the Fowler Place Subdivision, northeast of Cascade Street, east of Fowler Avenue. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required supplemental information to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact, as required: Fowler Place Minor Subdivision—Findings of Fact and Order 1 recommended conditions of approval and stating the emergency access easement will remain until the required further roadways are developed. V. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. No members of the public commented on the application. Seeing no further public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. VI. The City Commission then considered the Department of Community Development staff report, public record, the applicant's submittal and testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows: A. Primary Review Criteria 1. Effects on Agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, has previously undergone subdivision review and approval and has begun to be developed. Therefore, this subsequent subdivision will not have adverse effects on agriculture. 2. Effects on Agricultural Water User Facilities The original Fowler Place subdivision had a Section Line Ditch located on the western edge of the property. During the 2006 approval process, the Farmer's Canal Company recommended that the ditch be piped and located under Fowler Avenue. The Fowler Place minor subdivision will not impact the current ditch as it is piped on the west side of Fowler Avenue. 3. Effects on Local Services Water/Sewer — The minor subdivision will not have any adverse impacts to existing water and sewer capacities as the current systems will be able to adequately handle the flows from the additional single-household lot. Lot 9-A has existing water and sewer service lines. However, Condition 3 notes that water and sewer connections and other service utilities shall not be required at this time as part of the plat; however, utilities shall be stubbed into Lot 9-B prior to the no build restriction being lifted as required by the City Engineering and Water/Sewer Department. Streets — Access to the subdivision is from Durston Road and Fowler Avenue. However, vehicular access to Lots 9-A and 9-B will be from the alley; pedestrian access will be from the sidewalk fronting Fowler Avenue. Police/Fire — The property is located within the City's Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to filing the final plat to facilitate emergency response to the site. Fowler Place Minor Subdivision—Findings of Fact and Order 3 D. CompIiance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act A preliminary plat application was submitted on May 7, 2014. The Application was amended and deeded acceptable on May 14, 2014. The application was reviewed by the DRC on May 28, June 4 and June 11, 2014 and the DRC provided a favorable recommendation on the application to the City Commission. A notice of public hearing for this application was published in the Bozeman Daily Chronicle on Sunday, June 8, 2014. The site was posted with a public notice on June 8, 2014. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on June 8, 2014. One public comment was received prior to the public hearing expressing concern that the emergency access remain on the proposed Lot 9-B. On July 3, 2014 this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission is scheduled to make a final decision at their July 14, 2014 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by August 7, 2014. E. Provision for easements for the location and installation of any planned utilities All utilities and necessary utility easements will be provided and depicted accordingly on the final plat. F. Provisions of legal and physical access to each parcel All of the proposed lots have legal and physical access meeting minimum standard shown on the preliminary plat pursuant to Section 38.24.090.B.2, BMC. Pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. VII. After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for Lot 9 of Fowler Place Subdivision would comply with the primary review criteria, City of Bozeman Growth Policy, requirements of the Bozeman Unified Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this 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. Fowler Place Minor Subdivision—Findings of Fact and Order 5 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 this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant individual extensions to its approval by the Community Development Director for a period of not more than two years, or for more than two years by the City Commission. DATED this 25th day of August, 2014. BOZEMAN CITY COMMISSION C) J..O1' F Y . KRAUSS ayor ATTT�f B 0 . ♦ Mc M✓s R R • ° r " APPROVED AS TO FORM: 4' C'X E LLIVAN City Attorney Fowler Place Minor Subdivision—Findings of Fact and Order 7