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HomeMy WebLinkAbout98- Holly P. Brown at Willowbrook .,ii -, . . . .. BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT HOLLY P. BROWN FOR AMENDMENTS AND ORDER TO THE PREVIOUSLY-APPROVED A PRELIMINARY PLAT OF WTLLOWBROOK CONDOMINIUM MAJOR SUBDIVISION, ON BEHALF OF THE WILLOWBROOK CONDOMINIUM ASSOCIATION PURSUANT to 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 Bozeman City Commission reviewed the Application to Amcnd the Previously-Approved Preliminary Plat, submitted by the applicant on August 4, 1998, together with the required supplementary plans and information, to detennine ifthe information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. The City Commission also considered the recommendation of the City-County Planning Board. It appeared to the City Commission that all parties and the public wishing to appear and comment before the 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 1. The application submitted by Holly P. Brown, Attorney, for approval to Amend a Previously- Approved Preliminary Plat for Willowbrook Condominiums, to create 85 condominium units in ten phases on 19.09 acres, owned by the Willowbrook Condominium Association and described as CO.S. No. 1917, situated in the NW l/4 , NEl/4, Section 11, T2S, R5E, PMM" was made on August 4, 1998. In early 1995, the Preliminary Plat for Willowbrook Condominiums underwent extensive review as a major subdivision proposal, complete with Community Impact Statement and Environmental Assessment, and an analysis of all applicable public interest criteria by staff. The Planning Board held a public hearing on the proposal on March 21, 1995, and forwarded a favorable recommendation of approval to the City Commission. Willowbrook Condominiums received Major Subdivision Preliminary Plat approval from the City Commission April 3, 1995. The contents and analysis of the previous review and action regarding Willowbrook Condominiums is on record in Planning Office File #P-95 I 0 and will not be repeated here. However all such information is available fore review upon request. The Findings of Fact and Order, with a total of27 conditions of approval, was signed on April 17, 1995. The application #P-951OA, submitted on August 4, 1998, requested that conditions #4 and #16 ofthe Commission Findings of Fact and Order (original staff conditions #6 and #19) of the Previously-Approved Preliminary Plat #P-951O be modified to .;,:; , , . . allow for continued construction of Willowbrook Condominium units prior to the completion of West Beall Street and North 25th Avenue. II. Notice of a public hearing before the City-County Planning Board and of a public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on August 16, 1998, and the Notice was mailed by Certified mail, retwn receipt requested, to all adjoining property owners. Thc comments of the Development Review Committce, along with those of the City-County Planning Staff, including suggested revised conditions of approval, were incorporated into a StaffRcport and provided to the Bozeman City-County Planning Board for consideration at its September 15, 1998, regular meeting. III. The Bozeman City-County Planning Board considered the application at its regular mceting on Septcmber 15, 1998. The Planning Board found that the application was properly submitted and rcviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and noted its support of thc waiver of the Community hnpact Statement and Environmental Assessment as the required information had been provided with the original Willowbrook Condominium Major Subdivision Review, #P-9510. The applicant's representative made a presentation in favor of the requested Amendment to the Previously-Approved Preliminary Plat, and presented changes to revised wording provided by staff in thc Staff Report, noting that the additional requirement for the applicant to provide 12' driving lanes for opposing traffic on both Beall Street and North 25th A venue were not requirements of the original approval #P-9510 and asking that original language allowing the cost of design to be included in the waivers of right to protest SIDIRIDs not be eliminated. No members of the public were present to tcstify at the hearing. However, two letters were received by the Planning Office in opposition to the proposed Amendment to a Previously-Approved Preliminary Plat, asking that street improvements be installed by the time the condominium development is completed or prior to any additional construction. The City-County Planning Board considered public safety and usefulness of the street network, finding that, in addition to condition #28 recommended by staff, the applicant should be required to construct North 25th Avenue to a 28.5' paved width with curb, gutter and sidewalk from Beall Street to the existing pavement at the intersection of Villard prior to issuancc of building pennits for Phase 10. The City-County Planning Board further found that the applicant should be required to sign waivers of right to protest the creation of SID/RIDs for improvements including curb, gutter and sidewalk from the existing pavement at the intersection of North 25thNillard north to the existing pavement in Durston Road; that language in conditions #4 and #16 pertaining to the additional 12' of pavement for opposing lanes should be omitted; and that language allowing the cost and design of construction to be included in the SID and/or RID be reinserted. The City-County Planning Board considered and granted the request by the applicant for a waiver of the requirement of the Environmental Assessment and Community Impact Statement, finding that .' .:.i....\ . , information was adequately addressed in the original submittal #P-951 O. The City-County Planning Board then voted on a motion regarding the Amendmcnt to the Previously-Approved Preliminary Plat. The motion, to recommend approval of the proposed Amendment to the Previously-Approved Preliminary Plat with the original conditions of approval of #P_ 9510, modifications to conditions #4 and #16 as discussed, and the additional condition #28 as presented in thc Staff Report, passed on a vote of 7 for and 1 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on October 19, 1998, at which time thc recommendations of the Planning Board and the Development Review Committee were reviewed by the City-County Planning Staff. V. The application was considered by the Bozeman City Commission, which found the contents and analysis of the original review and action regarding Willow brook Condominiums accurate, and because it is on record in Planning Office File #P-951 0 and available on request, will not be repeated here as all such information is available for review upon request. VI. Following a presentation by City-County Planning staff and hearing the applicant's concurrence with conditions as recommended by the City-County Planning Board and the Development Review Committee, the City Commission found that the proposed Amendment to the Previously-Approved Preliminary Plat complies with the Bozeman Area Master Plan, the Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions are imposed. The evidence as stated or referenced in these Findings justifies the conditions ordered herein to ensure that the final plat complies with all necessary criteria. ORDER IT IS HEREBY ORDERED that the Amendment to the Previously-Approved Preliminary Subdivision Plat of Willow brook Condominiums tor Willowbrook Condominium Association (File #P-9510A) as presented by Holly B. Brown, Attorney, be therefore approved, subject to the following amended and revised conditions: 4. The developer shall design and construct West Beall Street to a City-standard from the existing improved end of West Beall Street to connect with the existing North 251h Avenue presently traveled way. The developer shall be responsible for the costs of one-half of a City standard street consisting of 16.5 feet of pavement, curb, gutter, storm drainage appurtenances and sidewalk adjacent to this property from the existing improved end of West Beall Street to the centerline of North 25th A venue. The cost of design and construction shall be included in the SID and/or RID, if these options are selected. An SID for the financing of the requirement improvements has been created., however in the event that for unforeseen reasons the street is not constructed through the SID, construction of West Beall Street shall be completed prior to the .. ... . .. -' -....J issuance of building pennits for Phase 10. 16. The developer shall design and construct North 25th Avenue from the existing improved edge of Durston Road to West Beall Street. The improvements constructed shall be a minimum of one- half a City-standard street, i.e., 16.5. feet of pavement curb, gutter, storm drainage appurtenances, sidewalk, and "No Parking" signs adjacent to this property, plus 7.5 feet of additional paving for an opposing lane. Said paving improvements may incorporate to the maximum extent possible existing paving in that portion of North 25th Street lying north of Villard Street. These improvements must be complete prior to issuance of building pennits for Phase 10. A waiver of right to protest the creation of an SID and/or RID shall be signed for all North 25th A venue improvements, for possible utilization in the event the developer does not proceed beyond Phase 9 of the Willowbrook development. However, any SID and lor RID waiver shall specify that the extent of the developer's participation shall be limited to one-half a local street standard, and that no SID and/or RID participation will be necessary if improvements described above have already been made to North 25th A venue by the developer. The cost of design and construction shall be included in the SID and/or RID if these options are selected. 28. The applicant shall agree in writing to keep that portion of West Beall Street free of snow from its intersection with the private internal street near the southeast comer of the Willowbrook development east to North 23rd A venue, as an interim measure, until West Beall Street improvements are completed. 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, M.C.A. DATED this 21st day of December ,1998. BOZEMAN CITY COMMISSION {]lL/~ Robin L. Sullivan Clerk of the Commission