HomeMy WebLinkAboutC6. Hanson Findings
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Heather Davis, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Hanson Minor Subdivision Preliminary Plat Findings of Fact and
Order, Application P14030 MEETING DATE: June 1, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Findings of Fact and Order for the Hanson Minor
Subdivision Preliminary Plat, Application P14030. BACKGROUND: On July 14, 2014 the City Commission held a public hearing to review the
application for preliminary plat approval for the Hanson Minor Subdivision. The Commission
unanimously (5:0) approved the proposed subdivision application subject to conditions and code
provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a written statement to the
applicant detailing the circumstances of the condition imposition.” The statement must include:
1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. To proceed with
submitting a final plat application for the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted
funds will be changed by the preliminary plat application.
Attachment: Findings of Fact and Order
Report compiled on: May 19, 2015
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City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
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Bozeman City Commission Findings of Fact and Order P14030, Staff Report
for Hanson Lot 163 Subsequent Minor Subdivision
Public Hearing Dates: City Commission meeting was on July 14, 2014
Project Description: Subsequent minor subdivision of an existing lot to remove the Restricted
Size Lot (RSL) designation. The physical lot size and dimensions are not proposed to be
modified. The property is zoned R-3 (Residential Medium Density District).
Project Location: The property is located at 4276 Brenden Street, described as Lot 163 of
Valley West Subdivision Phase 3A, in the City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P14030 and move to approve Hanson Lot 163 Subsequent
Minor Subdivision with conditions and subject to all applicable code provisions.
Report Date: Wednesday, May 27, 2015
Staff Contact: Heather Davis, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
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Project Summary
The property owner submitted a preliminary plat application for a subsequent minor subdivision
approval requesting to remove the Restricted Size Lot (RSL) designation from Lot-163 within
the Valley West Subdivision. A single-household residence is currently on the 5,000 square foot
lot. No parkland is required for this subdivision. No subdivision or zoning variances are
requested. No public comment has been received.
At the time of Valley West Subdivision approval, the Restricted Size Lot (RSL) designation was
a provision of the affordable housing requirement. The RSL provision had a built in sunset date
which has since passed and no new RSL lots are being created. RSL designation required the
total floor area of a unit on a RSL lot to not exceed a floor area ratio of 1:3.3. For example, if the
lot is 5,000 square feet the square footage of the house cannot exceed 1,515. The RSL
designation also prohibited accessory dwelling units. By removing the RSL designation from the
plat, the property owners will be able to construct an addition to their home/or build an accessory
dwelling unit.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11
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Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 13
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 18
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 19
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 19
FISCAL EFFECTS ....................................................................................................................... 19
ATTACHMENTS .......................................................................... Error! Bookmark not defined.
SECTION 1 - MAP SERIES
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Map 1: Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Single-family dwelling units, zoned R-3 (Residential Medium Density District).
South: Single-family dwelling units, zoned R-3 (Residential Medium Density District).
East: Single-family dwelling units, zoned R-3 (Residential Medium Density District).
West: Single-family dwelling units, zoned R-3 (Residential Medium Density District).
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City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Page 5 of 19
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Page 7 of 19
Map 4: Aerial View
Source: Google Maps
Brenden St
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View of Hanson Parcel from Brenden Street
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Figure 1: Proposed Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
No variances are requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. 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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Hanson Lot-163 Subsequent Minor Subdivision preliminary plat
File: P4030
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on June
18 and 25, 2014. On June 25, 2014, the DRC determined the submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision; and
as a result, finds that the application, with conditions, is in compliance with the adopted growth
policy, the Montana Subdivision and Platting Act and the Unified Development Code. On June
25, 2014, the DRC recommended conditional approval of the preliminary plat application.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana.
2) Compliance with 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 Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed as required by the
Bozeman UDC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the applicant’s request.
A preliminary plat application was submitted on May 27, 2014. The application was deemed
acceptable for initial review on June 2, 2014. The preliminary plat was reviewed by the DRC
June 18 and 25, 2014. The DRC determined the submittal contained detailed, supporting
information that is sufficient to allow for the review of the proposed subdivision on June 25,
2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, June
15, 2014. The site was posted with a public notice on June 12, 2014. Public notice was sent
certified mail to property owners of record within 200 feet of the subject property on June 12,
2014. No comment has been received as of the production date of this report.
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On June 30, 2014 this subsequent minor subdivision staff report was drafted and forwarded with
a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission 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 September 19, 2014.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review by the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As required Section 38.23.060.A, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application. Therefore, all utilities
and necessary utility easements will be provided and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
There is no modification to the existing property lines of the original plat proposed for this
project. The property is currently accessed off Brenden Street.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect 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, and 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) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. As noted under
criteria one above the 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 agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains currently serves the existing single-family
structure. No additional water and sewer mains are required to service the proposed subdivision
at this time.
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Streets – The adjacent streets are up to City standards and have capacity to accommodate this
change to the plat.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat.
Parklands – No parkland is required for this subdivision. Valley West subdivision has already
provided the required parklands.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. The property is already developed
and the proposal is to remove the RSL designation.
5) The effect on Wildlife and wildlife habitat
The minor subdivision of the existing lot will have minimal impacts on wildlife and wildlife
habitat. The impacts to important habitat areas were addressed and mitigated during the review
of the original subdivision and are preserved as open space and/or parklands. Further, the project
location is already developed and is in a developing area.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. In addition, all subdivisions must
be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the
Department of Community Development has reviewed this application against the listed criteria
and further provides the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on May 7, 2014. With the
pre-application plan review application, waivers were requested by the applicant from Section
38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard
preliminary plat supplements due to the nature of this previously platted/developed property.
The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-
application plan review application for: : 1) surface water, 2) floodplains, 3) groundwater, 4)
geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9)
agricultural water user facilities, 9) land use, 10) parks and recreational facilities, 12)
neighborhood center 13) miscellaneous, and 14) affordable housing. A waiver to the
supplemental information for 1) water and sewer, 2) stormwater management, 3) streets, roads
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and alleys, utilities, and lighting plan were not granted. Staff offers the following summary
comments on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. There are no known geologic hazards associated with the site.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area. There is no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and there no agricultural water user facilities on or
adjacent to the site.
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38.41.060.A.10 Water and Sewer
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Water for domestic and fire protection is be provided by connections to the
City of Bozeman water system.
38.41.060.A.11 Stormwater Management
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Stormwater facilities currently exist and have been designed to meet
minimum requirements of the City of Bozeman stormwater requirements.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The proposed project location is accessed by Brenden Street which currently
exists and meets city standards.
38.41.060.A.13 Utilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The lot dimensions comply with the zoning designation of R-3.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Required parkland and recreation facilities were dedicated with the original
Valley West subdivision.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
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38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The subdivision will not impact access to any public lands and there are no
identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The RLS designation was an Affordable Housing
requirement at the time of Valley West Subdivision Phase 3a plat approval. The Workforce
Housing (also known as affordable housing) requirements, Section 10.8, BMC, have been
deferred by the City Commission.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a minor subdivision to
allow the subdivision of 3.8 acres into two lots with a common open space lot for stormwater
facilities generally located southeast of the intersection of Cottonwood Road and West
Babcock Street.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
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E. 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 three (3) years 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 an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R-
3 residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owners, Theodore and Vanessa Hanson, 4276 Brendon Street, Bozeman, MT
59718, represented by Madison Engineering, 895 Technology Blvd., Bozeman, MT 59718
submitted a preliminary plat application for a subsequent minor subdivision approval requesting
to remove the Restricted Size Lot (RSL) designation from Lot 163 within the Valley West
Subdivision. A single-household residence is currently on the 5,000 square foot lot. No parkland
is required for this subdivision. No subdivision or zoning variances are requested. No public
comment has been received.
At the time of Valley West Subdivision approval, the Restricted Size Lot (RSL) designation was
a provision of the affordable housing requirement. The RSL provision had a built in sunset date
which has since passed and no new RSL lots are being created. RSL designation required the
total floor area of a unit on an RSL lot to not exceed a floor area ratio of 1:3.3. For example, if
the lot is 5,000 square feet the square footage of the house cannot exceed 1,515. The plat also
established that Accessory Dwelling Units/Auxiliary Apartments are not allowed on RSL lots.
The RSL designation also prohibited accessory dwelling units. By removing the RSL designation
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from the plat, the property owners will be able to construct an addition to their home and/or build
an accessory dwelling unit.
Project Background
The existing lot was platted in February 2006 with the Valley West Subdivision Phase 3a final
plat. A note on that plat states that the purpose of the plat is to create a traditional neighborhood
for mixed density housing. At the time of platting, 39 lots out of 192 lots were designated with
Restricted Lot Size (RSL). The RLS designation was an affordable housing requirement at the
time of the Valley West Subdivision Phase 3a plat approval. At this time, no other parcels
within the Valley West Subdivision have requested removal of the RSL designation.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, June
15, 2014. The site was posted with a public notice on June 12, 2014. Public notice was sent
certified mail to property owners of record within 200 feet of the subject property on June 12,
2014. No comment has been received as of the production date of this report.
On June 26, 2014 this subsequent minor subdivision staff report was drafted and forwarded with
a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission 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 September 19, 2014.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Theodore and Vanessa Hanson, 4276 Brenden Street, Bozeman, MT 59718
Representative: Madison Engineering, Attn Chris Budeski 895 Technology Blvd., Bozeman,
MT 59718
Report By: Heather deBethizy Davis, Associate Planner
Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified.
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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