HomeMy WebLinkAbout04-17-17 City Commission Packet Materials - C3. Findings of Fact for West Winds Phase 7 and 8
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Planning and Policy Manager Martin Matsen, Director of Community Development
SUBJECT: Findings of Fact and Order for the West Winds Phase 7 & 8 Change
to Conditions MEETING DATE: April 17, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
West Winds Phase 7 & 8 Change to Conditions.
BACKGROUND: The Bozeman City Commission held a public meeting on Monday, April 10,
2017 to review the application and hear public testimony. The Commission made findings as
provided in the subsequent pages of this document and revised Condition No. 17 of the West
Winds Phase 7 and 8 Preliminary Plat application as requested by the applicant. 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.
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: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: April 11, 2017
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Return to:
City of Bozeman
City Clerk
PO Box 1230 Bozeman MT 59771-1230
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Bozeman City Commission Findings of Fact and Order for West Winds Phase
7 & 8 Change to Conditions, Application P14063
Public Hearing Date: City Commission public hearing was held April 10, 2017 at 6:00 pm.
Project Description: The Subdivider has provided written request to replace Condition No. 17 of
the West Winds Phase 7 and 8 Preliminary Plat approval. The difference with the revised condition
is that building permits within West Winds Phases 7 and 8 may be issued after completion of the
final plat process rather than after construction of the south half of Baxter Lane.
Project Location: The property is zoned R-3 (Residential Medium Density District). The site is
generally located southeast of the intersection of Davis Lane and Baxter Lane. The parcel is
legally described as Lot R3 of the West Winds Major Subdivision Phase 6, located in the NW ¼
of Section 2, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, MT.
Action: Approval of the change to preliminary plat condition of approval #17.
Motion: Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the memo for application
P14063, find that changes beyond the control of the developer have rendered the existing
condition wording unnecessary, and move to revise Condition No. 17 of the West Winds Phase 7
and 8 Preliminary Plat application.
Findings of Fact and Order Date: April 17, 2017
Staff Contact: Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action (Quasi-judicial)
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 2 of 11
EXECUTIVE SUMMARY
Project Summary
On March 23, 2015, the Bozeman City Commission conducted their review of West Winds Phase
7 and 8 Major Subdivision Preliminary Plat application and voted 4-0 to conditionally approve the
preliminary plat application and on April 27, 2015, the Mayor was authorized to sign the Findings
of Fact and Order. Page 12 of the Findings of Fact addresses streets. The Findings note that the
widening of Baxter Lane to meet minimum standard as a minor arterial is required to be
constructed or financially guaranteed and condition no. 17 specifically coordinates the
improvements to Baxter Lane adjacent to the subdivision with City controlled improvements to
the intersection of Baxter Lane and Davis Lane, and states that no building permits will be issued
until construction is complete. In August 2015, city commissioners approved the creation of the
arterial and collector district to fund upgrades to roads and intersections, including the intersection
of Baxter and Davis which forms the northwest corner of the proposed West Winds Phase 7 and 8
subdivisions. Therefore, the City staff informed the Applicants that by paying the project's "local
share" of the Baxter Lane project, Mahar Homes would fulfill the requirements of preliminary plat
condition no. 17. The applicant proceeded with the installation of all other required infrastructure
based on the direction given by staff.
In October of 2016, the City’s project to expand the intersection of Baxter Lane and Davis Lane
was halted after a judge ruled against the City’s eminent domain claim to acquire the necessary
easement north of Baxter Lane. In December 27, 2016, the Department of Community
Development received the West Winds Phase 7 and 8 final plat and because all improvements to
the south half of Baxter Lane were not complete as required by condition no. 17, staff informed
the applicants that building restrictions would be required for all the lots in Phases 7 and 8. On
February 24, 2017, a written request from the Subdivider was received requesting replacement of
Condition No. 17 so that building permits within West Winds Phases 7 and 8 may be issued after
completion of the final plat process.
Commission Action
The Bozeman City Commission held a public meeting on Monday, April 10, 2017 to review the
application and hear public testimony. The Commission made findings as provided in the
subsequent pages of this document and moved to revise Condition No. 17 of the West Winds
Phase 7 and 8 Preliminary Plat application as requested by the applicant.
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 3 of 11
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Project Summary ................................................................................................................. 2
Commission Action ............................................................................................................ 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – STAFF ANALYSIS AND FINDINGS .................................................................. 5
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 5
SECTION 3 - CONDITIONS OF APPROVAL ............................................................................. 6
SECTION 4 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ........................... 6
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY....................................... 9
APPENDIX B – DETAILED PROJECT DESCRIPTION ............................................................ 9
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 11
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 11
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 4 of 11
SECTION 1 – MAP SERIES
Exhibit 1 – West Winds Major Subdivision Phase 7 Final Plat
Exhibit 2 – West Winds Major Subdivision Phase 8 Final Plat
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 5 of 11
SECTION 2 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
Section 38.03.040.A.5.h., BMC – Changes to conditions after approval. Upon written request of
the developer, the city commission may amend conditions of subdivision application approval
where it can be found that errors or changes beyond the control of the developer have rendered a
condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary,
impossible or illegal shall be subject to the provisions of section 38.01.070.
1) The written request shall be submitted to the planning department.
A written request was received on February 24, 2017.
2) The written consent of all purchasers of land (via contract for deed, etc.) shall
be included with the written request to amend conditions.
The property owner’s signature was provided in the application materials.
3) If it is an application for a major subdivision, the city commission shall conduct a public hearing on the request. If it is an application for a minor subdivision, the city commission shall consider the request at a regularly
scheduled meeting.
a. If a public hearing is held, public notice of the hearing shall be given in
accordance with this chapter.
The Bozeman City Commission held a public meeting on Monday, April 10, 2017 to
review the application and hear public testimony.
In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on
Monday, March 20, 2017 for publication in the legal advertisements section of the Bozeman
Daily Chronicle on Sunday, March 26, 2017. Public notice was posted by the applicant on the
subject property on March 23, 2017. Staff sent public notice to physically adjacent landowners
via certified mail, and to all other landowners of record within 200-feet of the subject property
via first class mail, on March 23, 2017. One written public comment letter was received as of the
writing of this report and there was no oral testimony during the April 10, 2017 City
Commission meeting during the advertised public comment period.
4) The city commission may approve the requested change if it meets the criteria set forth in this chapter.
The city commission found that errors or changes beyond the control of the developer have
rendered a condition unnecessary, impossible or illegal.
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 6 of 11
5) The city commission shall issue written findings of fact as required in this chapter.
SECTION 3 - CONDITIONS OF APPROVAL
Please note that the following modified condition is in addition to those included in the Findings
of Fact for West Winds Phase 7 and 8 Preliminary Plat approval, which were signed by Mayor
Taylor on April 27, 2015.
Conditions of Approval:
17. The developers shall pay the proportionate "local share" of the City of Bozeman Baxter Lane
Improvement project for the improvements specific to the south half of Baxter Lane from the end
of the widening completed with Phase 6 to the end of the future City improvements associated
with the intersection of Baxter and Davis. The "local share" amount shall be determined by an
engineer's opinion of cost prepared by the City's design consultant. The payment of the "local
share" shall fulfill this condition and permit the issuance of building permits within West Winds
Subdivision Phases 7 & 8.
SECTION 4 - 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 written request to change preliminary plat condition of approval
described in these findings of fact was conducted.
B. The purposes of the change of condition 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; and to determine whether the
written request to change preliminary plat condition of approval be approved, conditionally
approved, or denied.
C. The matter of the change of condition to West Winds Phase 7 and 8 Major Subdivision
Preliminary Plat was considered by the City Commission at a public meeting on Monday, April
10, 2017 at which time the Department of Community Development Staff reviewed the project
and stated that one public comment had been received prior to the meeting in response to the
noticing on the matter of this request to change preliminary plat condition of approval.
D. Clint Litle, P.E., Dowl, HKM, presented the request and background information about the
applicant and acknowledged agreement with the recommended conditions of approval.
E. The City Commission requested public comment and none was presented.
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 7 of 11
F. 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.
G. The change of preliminary plat condition #17 has been found to meet the criteria of Chapter
38, BMC, and is therefore approved. The evidence contained in the submittal materials,
advisory body review, public testimony, and this report, justify the change of condition to 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.
H. 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 an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 8 of 11
DATED this 17th day of April, 2017.
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
KAREN STAMBAUGH
Assistant City Attorney
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 9 of 11
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3 residential medium density. 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:
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. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
On March 23, 2015, the Bozeman City Commission conducted their review of West Winds Phase
7 and 8 Major Subdivision Preliminary Plat application and voted 4-0 to conditionally approve the
preliminary plat application. Among conditions suggested by the Engineering Department and
imposed by the City Commission, was Condition No. 17 which states:
The south half of Baxter Lane shall be constructed to the 2 lane option minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan from the end of the
widening completed with Phase 6 to the end of the improvements to be completed by the
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Phase 7 and 8 Major Subdivision Page 10 of 11
City to the intersection of Baxter and Davis. The improvements shall be installed or
financially guaranteed prior to final plat approval. All improvements shall be complete
prior to issuance of a building permit.
On April 27, 2015, the Mayor was authorized to sign the Findings of Fact and Order. Page 12 of
the Findings of Fact addresses streets. The Findings note that the widening of the street to meet
minimum standard as a minor arterial is required to be constructed or financially guaranteed. The
Findings also note the construction of Baxter Lane to a county standard road.
Condition 17 specifically coordinates the improvements to Baxter Lane adjacent to the subdivision
with the City controlled improvements to the intersection of Baxter Lane and Davis Lane. No
obligation to improve the intersection was assigned to West Winds Phases 7 and 8 major
subdivision. The Findings assign to the City the responsibility for intersection expansion. As has
been discussed by the Commission and Staff several times, a coordinated construction of major
road projects results in a more cost effective, less disruptive, and safer construction process.
In August 2015, city commissioners approved the creation of the arterial and collector district to
fund upgrades to roads and intersections. Among intersections identified for improvement was
the intersection of Baxter and Davis which forms the northwest corner of the proposed West Winds
Phase 7 and 8 subdivisions. The project was expanded to include all corridor improvements
between 19th Avenue and Davis Lane. This includes the area for which West Winds Phases 7 and
8 are responsible.
In February of 2016, the developer’s representative, Clint Litle, PE, DOWL Engineering, began
preparing for design, permitting and construction of the improvements related to West Winds
Phase 7 and 8. The City’s plan to proceed with the design and construction of Baxter Lane
improvements was also commencing. As noted above, there are substantial benefits to coordinated
street improvements. As a result, City staff informed the Applicants that by paying the project's
"local share" of the Baxter Lane project, Mahar Homes would fulfill the requirements of
preliminary plat condition # 17 regarding Baxter Lane. The applicant proceeded with the
installation of all other required infrastructure based on the direction given by staff. The
Application submittal includes documentation of the conversations regarding Baxter Lane
improvements.
In October of 2016, the City’s project to expand the intersection of Baxter Lane and Davis Lane
was halted after a judge ruled against the City’s eminent domain claim to acquire the necessary
easement north of Baxter Lane. All required right of way for the widening of Baxter Lane that is
the obligation for West Winds Phase 7 and 8 will be provided with the final plat.
The Department of Community Development received the West Winds Phase 7 and 8 final plat
application on December 27, 2016. The final plat has not been approved or filed with the Gallatin
County Clerk and Recorder. It is scheduled for Commission action on April 17, 2017. After
reviewing the final plat application, staff informed the applicants that a building restriction would
be required for all lots in West Winds Phase 7 and 8. Staff’s determination was made because all
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P14063, Findings of Fact and Order – Change of Preliminary Plat Condition #17 for West Winds
Phase 7 and 8 Major Subdivision Page 11 of 11
improvements to the south half of Baxter Lane were not complete as required by condition of
approval No. 17. The criteria for proposals of cash in-lieu of capital facilities (Section
38.39.070.C.1, BMC) apply. Specifically, criterion b. requires that the project for which cash in-
lieu is proposed shall be scheduled for commencement within three years from the date of
submittal of the final plat application. Due to the court case regarding eminent domain, the
commencement date of Baxter Lane improvements by the City is unknown. The project is
scheduled on the CIP for 2020 but could begin earlier if the right of way issue were resolved. The
Staff believe that the required right of way can be obtained before the end of fiscal year 2020.
On February 24, 2017, a written request from the Subdivider was received requesting replacement
of Condition No. 17. See the application for full reference. The difference with the revised
condition is that building permits with West Winds Phases 7 and 8 may be issued after completion
of the final plat process. The City will have required funds to coordinate the required work at such
time as the expansion of the Baxter Lane and Davis Lane intersection proceeds.
APPENDIX C – NOTICING AND PUBLIC COMMENT
In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on
Monday, March 20, 2017 for publication in the legal advertisements section of the Bozeman
Daily Chronicle on Sunday, March 26, 2017. Public notice was posted by the applicant on the
subject property on March 23, 2017. Staff sent public notice to physically adjacent landowners
via certified mail, and to all other landowners of record within 200-feet of the subject property
via first class mail, on March 23, 2017. One written public comment letter was received as of the
writing of this report and there was no oral testimony during the April 10, 2017 City
Commission meeting during the advertised public comment period.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Mahar Montana, LLC, 13447 Hwy 238, Jacksonville, OR 97530
Subdivider: Mahar Montana, LLC, 13447 Hwy 238, Jacksonville, OR 97530
Representative: Clint Litle, P.E., Dowl HKM, 2090 Stadium Drive, Bozeman, MT 59715
Report By: Addi K. Jadin, Associate Planner, and Chris Saunders, Policy and Planning
Manager
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