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Home My WebLink About01- Kagy Crossroads Subdivison - - . IKagy Crossroads Amended CondItIon l:'l hndmgs of i"act and Order #P-9151a I BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF DA VID FINDINGS CECICH, REPRESENTED BY MARK CHANDLER, OF FACT C&H ENGINEERING & SURVEYING, INC., FOR AND ORDER AMENDING CONDITION 8 OF THE KAGY CROSSROADS SUBDIVISION. This matter came before the Bozeman City Commission on July 9,2001, for review and decision pursuantto 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 modi fication to Condition 8 of the Preliminary Subdivision Plat approval for a ten lot major subdivision originally approved on November 18, 1997. The Commission held a public hearing on the requested modification to the condition and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the requested modi fication 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: FINDINGS OF FACT I. On May 25, 2001, David Cecieh represented by Mark Chandler of C&H Engineering and Surveying, Inc., submitted a request to modify Condition of Approval number 8 tor the Ka.b'Y Crossroads Major Subdivision. The property is located in the Southeast ~ of Section 14, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R -4 (H igh Density Residential) and B-2 (Community Commercial). . ; . IKagy Crossroads Amended ConditIOn 8 Fmdmgs of t-act and Order #P-l)/)Ia I II. The comment<; of the Development Review Conunittee, 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. IlL Notice ofthe time and date of the public meeting and public hearing was posted at the site on June 8, 2001 and also sent to adjoining property owners on June 15, 200]. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on July 3,2001. 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. After discussion and finding no members ofthe public present to comment on this item, the Planning Board took action on the requested modification. The motion, to recommend approval of the modi fied condition 8 with amended language as recommended by Staff~ passed on a unanimous vote of 6 in favor and 0 in opposition. IV. The public hearing was opened and continued on July 9,2001 to allow time to forward the recommendation of the Planning Board to the City Commission. The application was considered by the Bozeman City Commission at its regular meeting on July 16,200 I, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: -2- . . . A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The proposed modification to condition relates to infrastructure financing and will not change the use or nature of the previously approved subdivision. Therefore, no effect on agriculture ha'i been identified. 2. ~Jlects on Agricultural Water User Facilities. The proposed modification to condition relates to infrastructure financing and will not change the use or nature of the previously approved subdivision. Therefore, no effect on agricultural water user facilities has been identified 3. ~Yfects on Local Services. Water/Sewer: Sewer services will be unaffected by the proposed modification to condition. The provision of water may be enhanced, however the modification sought is principally related to the financing of certain improvements and will not modify the scope or nature of the improvements. PolicelFire: The financing of the infrastructure, which is the subjeci of the modification of condition, will support the provision of adequate fire flows throughout the community. No detrimental impacts have been identified from the modification to condition requested. Streets: The proposed amendment to the condition will not impact streets. 4. Effects on the Natural Environment. The proposed modification to condition relates to infrastructure financing and will not change the use or nature of the previously approved subdivision. Therefore, no effect on the natural environment has been identified that was not prcviously addressed during the initial review ofthe subdivision. 5. Effects on Wildlife and Wildl(fe Habitat. The proposed modification to condition relates to infrastructure financing and will not change the use or nature of the previously approved subdivision. Therefore, no effect on the natural -3- . . . environment has been identified that was not previously addressed during the initial review ofthe subdivision. 6. Effects on Public Health and Safety. Public health and safety will not be direct! y impacted by the requested change to Condition 8. However, the provision ofthe water main related to the condition will help to ensure adequate water volume supply, redundancy and security of water supply, and necessary fire flows; and will therefore enhance public safety. B) COMPLIANCE WITH SURVEYREOUIREMENTS PROVlDEDFORINPART40FTHE MONT ANA SUBDIVISION AND PLA TIING ACT. The subdivision complies or will comply with survey requirements of the Act. The modification of condition being considered does not affect the survey requirements. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The final plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED 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 on June 15, 2001. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements wcrcprovided through the original platting process. -4- . ~ ;. er F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel will be provided from streets in the subdivision established with the original subdivision review. ORDER After considering all 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. THEREFORE, IT IS HEREBY ORDERED that the Conditions of Approval for the Preliminary Subdivision Plat ofKagy Crossroads be modi lied to change the wording in a specified condition, to read as follows: 8. Regarding any over-sizing agreement with the City for installation of the required 24-inch water main; any such agreement must be approved by the City Commission and must be executed prior to City acceptance ofthe water main extension. If such agreement is approved, this agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained by the developer. Only the water main in South 19th A venue will be considered in the agreement. The City will pay onl y for the cost difference between the main size needed to serve this development and the 24 inch master-planned water main. The calculations and assumptions used to establish the main size required by the development shall be approved by the City Engineering Department prior to plan and specification approvaL 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 ofthese Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval ofthis subdivision shall be effective for three years from the date of adoption ofthese Findings by the City Commission. At the end ofthis period the City Commission may, at the written request ofthe subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. -5- - ------ -.-- . .. ;, IKagy Crossroads Amended Condition 1:1 hndmgs of Fact and Order #1'-9751 a I DA TED this 20th day of August, 2001. BOZEMAN CITY COMMISSION By: ~OtiF= Marcia B. Y oungrnan, ay ATTEST: ~/.L~ Robin L. Sullivan Clerk of the Commission -6-