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HomeMy WebLinkAbout17- Findings of Fact and Order - West Winds Phase 7 & 8 Change to Conditions Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 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 '/a 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 P 14063, 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) P14063, Findings of Fact and Order—Change of Preliminwy 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. 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 EXECUTIVESUMMARY............................................................................................................ 2 ProjectSummary.................................................................................................................2 CommissionAction ............................................................................................................ 2 SECTION1 —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 P14063, Findings of Fact and Order—Change of Preliminary Plat Condition #17 for West Winds Phase 7 and 8 Major Subdivision Page 4 of I I SECTION I -MAP SERIES Exhibit I--- West Winds Major Subdivision Phase 7 Final Plat ^";^�> FINAL PLAT OF THE '' •� ; u ,35 WEST WINDS MAJOR SUBDIVISION PHASE 7 132'I)'S1-N 25H.G7' N RSR j a MME B PBG¢YB Rsa SITUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, P.;1LM_ 1 uv.wren GALLATIN COUNTY. MONTANA [M[.SL�nB12LB34MkAlYlHvar, PXAER PA Lw w„!, PR.1.�'is RUM i s ILL iTRR GINS Pius 5 PH=2A n,e do aR ✓ Location Map of the WEST WINDS SUBDIVISION a in the NW 3;of Section 2,TZS, R5E, P.M.U. liy ill �TRABF WIND JANR numl s M el 3 §? ss §I •I' 5; i a' a ..rm-'i-•-.np� I. e:-w•.- ars.' u.;�. �., !➢ [. C 5 �[t § > 5n t 'sq 5j ,9 gj.:�5; a SW1 Ix yS ��.•.�.. .�� P'L2JRN)'L2N6 ,l',u �I€ � n.r ,.w. ---- ,.,}, §I FSI 51IL 5` 43 eLyrt>M I ` �A 4 !4 S 5# S ' �naq:s'1 wwv Y.�u.�Nr'O VIESTVMD'SUBDNL9NN1 '-'�•o C w L -• FI.NAL PLAT WESTWINDSKUORSLBDI VISIONPHASET wVxwm 2 Exhibit 2— West Winds Major Subdivision Phase 8 Final Plat FINAL PLAT OF THE + WEST WINDS MAJOR SUBDIVISION PHASE 8 SITUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, PALM. GALLATIN COUNTY, MONTANA rA,Lr_¢no�LaneawclsLm:_a A4;JCR 5!lBntWSiGV t!•MunW 1 P^•�n .PHASF,!1 ."..`b"i'"�.: ao� "" .. ... .•'+^ »]n19re 251s.fiY n R58 2 PRASC A PlLISS 1'B r' 1i66 34 36 .�.naLYR r.WS PRAM 7 C. •r• i-unn cv T } 8 fe ,d mon. PIG447't e�crve.-,c- 3 2 •c PHGSb'PA wquv r-,w, G•a. .r • PNa%'6 a i. ;•� m w.e....;';;�.,,nw ..�.. c � FBAu.2j'tl�C:OCti•I�. a �~ I PBA52•.5 PNGSS lA SSi'/]•!YN 2B]412' e .n.-:niRdPF,,,'•s�LYD IAXFo--•�'F k Location Map of the �W~ 1 a„ •ter' . BII i BEST RINDS SUBDIVISION nr�a v @ in the NWY of Section Z.T2S,R5 P.M.L. ' v No-�ll� fr- T §�U i . 5c 15, sa r ,., i ry _............_....... ........... ......... _.._-....._. ._...........-- U �L< jW i:1•mu.t.�. � WE9T�:VWS SUBDNISICf1 — BOZB.WI.LKLYiNI.: w pcswL FINAL PLAT •� _— WESTWINDS MAJOR SUBONISION PHASE 8 2 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 3 8.40,BMC, Staff scheduled public notice for this application on Monday,March 20,2017 for publication in the legal advertisements section of the Bozeman 3 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. d 4) The city commission may approve the requested change if it meets the criteria set forth in this chapter. 4 The city commission found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. g x I 4 V 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 - 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. P14063, Findings of Fact and Order—Change of Preliminary Plat Condition #17for West Winds Pliase 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. 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 17"' day of April, 2017. BOZEMAN CITY COMMISSION C/�"O':3� CARSON TAYLOR Mayor ATTEST: 3O >. 2 O.• • • • .�' �� 4 ` • ti ROBIN CROUG, City Clerk '�• APPROVED AS TO FORM: KAREN STAMB UGH Assistant City Attorney P14063,Findings of Fact and Order—Change of Prelinrinauy Plat Condition #17for 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 v 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 i 3 8 S s (`I li r P14063, Findings of Fact and Order—Change of Preliminary Plat Condition#17 for West Winds 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 19f'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 PX 4063, Findings of Fact and Order—Change of Preliminary Plat Condition W 7 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 Rill 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. I 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 INFORMATIONAND 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 3 Report By: Addi K. Jadin,Associate Planner, and Chris Saunders, Policy and Planning Manager i 1 a i f