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HomeMy WebLinkAbout99- Jeff Aldworth at Aldworth Major Subdivison ..... . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF JEFF FINDINGS OF FACT ALDWORTH FOR PRELIMINARY PLAT APPROVAL AND OF ALDWORTH MAJOR SUBDIVISION ORDER PURSUANT to the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3- 625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Aldworth Major Subdivision to rearrange 9.703 acres into three (3) lots for single-family residential development. A portion ofthe subdivision is annexed to the City of Bozeman, and a portion lies outside of the City of Bozeman, within Gallatin County. The application was submitted by Jeff Aldworth, together with the required supplementary plans and information. The City Commission reviewed the proposed subdivision, together with the recommendation of the Bozeman City-County Planning Board concerning the application, to determine if the subdivision meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. It appeared to the City Commission that all parties and the public wishing to appear and comment at the public hearing before the Bozeman City-County Planning Board 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: FINDINGS OF FACT I. The application for the subject major subdivision was made on June 23, 1999. The application will subdivide a 9.703 acre tract into three (3) lots for single family residential development. A portion of the subdivision is annexed to the City of Bozeman and a portion lies outside the City of Bozeman, within Gallatin County. II. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City- County Planning Board at their public hearing on July 20, 1999. No written or oral public testimony was presented to the Board. The subdivider's representative was present at the hearing and indicated that the applicant agreed to the conditions recommended in the Staff Report. [AiirwoRTH. MAiORsfFBlJZVISIoifJ::"--PINDINGSOFFA.Cf AND ORDER ........ . PAGE 11 .... '. The Board considered the applicants' request for a waiver of completion of an Environmental Assessment for the subdivision, and found the waiver warranted as the major subdivision involves fewer than ten (10) parcels and less than twenty (20) acres and is located in an area for which a master plan has been adopted and the proposed subdivision will be in compliance with that plan. The Board found that the application had been properly noticed, as all adjacent property owners were notified of the hearing via certified mail, and the notice was published in the Bozeman Daily Chronicle on July 4, 1999. Upon three calls for additional public testimony, and hearing none, the public comment portion of the hearing was closed. As noticed in the public notice, no additional public testimony would be accepted by the City Commission. After finding the application in general compliance with the required criteria established in Section 76-3-608, M.C.A for the review of preliminary subdivision plats, the Board, on a vote of8-0, forwarded the application to the Bozeman City Commission and the Gallatin County Commission with a recommendation of conditional approval. m. The application was considered by the Bozeman City Commission at their regular meeting on August 2, 1999. IV. The subdivision was weighed against the review criteria established by Statute, and the following was found: A. PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property is currently vacant with natural grasses and does not have any agricultural use. 2. Effects on Agricultural Water User Facilities. There are no agricultural water user facilities located on the subject property. 3. Effects on Local Service. Easements: The current easement for the trail across Lots A & B shall be shown as depicted by the filed easement. Due to the fact that the trail was not built according to the filed easement, the physical location of the trail shall also be indicated on the Final Plat. An easement shall be provided for the existing trail as constructed. Upon filing of the Final Plat, the City of Bozeman will abandon the original easement that is not utilized. Water: Lot B will be served by an individual well. Lot A does not have access to city water at this time. Lot C does have access to city water. Fire: The Bozeman Fire Department has jurisdiction over the annexed portions of the subdivision. At this time, those lots are vacant. The Sourdough Rural Fire Department will provide services to Lot B. The Sourdough Fire Chief has been in contact with the applicant and is in agreement with the Fire protection covenant outlined on the Preliminary Plat. I . ... . .. . ... . . .. I ..'..'..,.,.,.,.,.,"...... '."".'.'.'.'.'..'.'."". .. ..'..' """".""".'.""'. ..' ""'.'.,.,.,.,.,.,..,',........, "."",."."., ",., ,.. ... . ...'.., .,.,",.,.,.,.,.'.'.'2.'.'.... ALtJWOR7'H MAJORSUBDIvtSION......l'tNtJINGSOFFACTANCf ORDER ",PAGE .... . -- . . Sewer: Lot B will utilize an individual septic system. Lot C currently has access to City sewer service, Lot A does not have access to city sewer service at this time. Streets: Access will be gained to Lots A & B from Sourdough Road. Encroachment permits must be obtained from the County Road Office. The subdivision will have a negligible effect on city street. 4. Effects on the Natural Environment. The hillside is covered with native grasses and provides a link between Burke Park and Kagy Boulevard via a public trail corridor. The trail will remain intact and usable. Weed control has been addressed on the Preliminary Plat Certificate of Dedication that outlines the conditions and covenants for this subdivision. These covenants also note that any areas disturbed by construction will be re-seeded with vegetation approved by the County Weed Control Officer. 5. Effects on Wildlife and Wildlife Habitat. There are no critical wildlife or wildlife habitat located neither at the subdivision site nor in the vicinity. 6. Effects on Public Health and Safety. Further review prior to development on Lot A shall provide for adequate protection of the public health and safety. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies with the survey requirements of the Act. c. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the final plat will comply with the Regulations. A. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The public hearing before the Planning Board was 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 July 4, 1999. All other process requirements have been followed. E. PROVISION OF EASEMENTS FOR THE 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 will be provided to each parcel. ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Aldworth Major Subdivision will comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, if certain conditions are met. The evidence, as specified in the Staff report and I AiEWCJRTH....HA.]'CJR......SIJBOIY I SICJN....Ui. ... PZNDIJilGS<Op.....PACX...ANO>biwER . .,,,,~AGEjl . , ~ . . - referenced in the Findings ofF act, justifies the conditions imposed on the subdivision to ensure that the subdivision's effects on the primary review criteria is mitigated by requiring the final plat to comply with all regulations, and that necessary and appropriate easements are provided. THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the subject subdivision be approved, subject to the conditions listed below. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County by following the procedures of Section 76-3-625, M.C.A Due to the minimal infrastructure requirements, this preliminary plat approval shall be effective for a period of one (1) year. Extensions may be requested by the subdivider, as provided in the Bozeman Area Subdivision Regulations. 1. The final subdivision 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, certification by the State Department of Environmental Quality Subdivision Program, a final platting certificate, and all required certificates. The Certificate of Dedication must be signed by all record owners of the property and Certificates of Mortgages must be signed by all lien holders on the property. Four clothback (or equivalent) copies 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 3 ~-inch disk. 2. Montana Department of Environmental Quality release of sanitary restrictions must be obtained for the subdivision prior to final plat approval. 3. The Final Plat shall show the location of both the existing trail and the filed trail easement. Because the trail on lots A & B is not built according to the existing recorded easement, the City of Bozeman shall abandon the incorrect easement once the applicant has filed the final plat with the Gallatin County Clerk and Recorder's Office. 4. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID' s!RID' s for the following a. Street improvements to Sourdough Road including paving, curb, gutter, sidewalk and storm drainage. b. Any water and sewer main extensions needed to serve Lot A The document filed shall specify that in the event SIDs/RIDs are not utilized for the completion of these improvements, the applicant 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. 5. The portions of the street rights-of-way for Sourdough Road that are within the boundaries of this subdivision shall be dedicated to the public on the final plat for this subdivision. This includes up to 60 feet in width where applicable adjacent to the north end of Lot A and 30 feet adjacent to Lot B and the south end of Lot A. 6. Prior to building on Lot A, encroachment permits must be obtained from the County Road Office. 7. A "no access" strip shall be shown on the Final Plat along Lots A & B, except at approved county road accesses. I ALDWOR'l'HMAJORSUBiJIvtsIoNf--l'INi)'tNCJsol'FAc'l'A1lL>OfWER PAGE4j . , .. .... If ._,. ._..... 8. A proportional reimbursement of paving costs shall be made for the paving of Sourdough Road prior to Final Plat approval. The County Road Department will provide a detail of the amount of the reimbursement and to whom it shall be paid. 9. Both Road and Fire Impact Fees, where applicable, shall be paid to Gallatin County, per Gallatin County Impact Fee standards for Lot B prior to Final Plat approval. 10. The Gallatin County standard covenants will apply to all non-annexed property as per Section 16.34.030 of the Bozeman Area Subdivision Regulations. The Covenants and a list of conditions of preliminary plat approval shall be submitted to the Gallatin County Attorney's Office at least 30 days prior to scheduling a hearing for final plat approval. The Attorney's Office shall review and approve the covenants prior to final plat approval. 11. The additional covenants noted below shall be added to the existing covenants listed on the Preliminary Plat and shall be filed with the Final Plat. a. No development or construction within the City limits which requires water or sewer service will be permitted without further review and approval by the City Engineering Department and the City Water/Sewer Department. B. City water and sewer service will not be provided to any portions of this subdivision that are not annexed into the City Of Bozeman. DATED this 16th day of August 1999. BOZEMAN CITY COMMISSION By ~IJ~ Marcia B. Young an, ayor ATTEST: APPROVED AS TO FORM: /7 {2~ Z~ ~I/q~~ Robin L. Sullivan Clerk of the Commission City Attorney rAtDWO,k1'!!MA.fORSUBDIV.rSZON..Qi/tN/)INGSOFFACT1!1lD ORD'E,k< ..PAGj:/$l