HomeMy WebLinkAbout90- Conditional Approval of Minor Site Plan Application No. Z-9060
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BEFORE THE CITY COMMISSION OF
BOZEMAN, MONTANA
IN THE MATTER OF THE APPEAL
OF CONDITIONAL APPROVAL OF FINDINGS OF FACT
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MINOR SITE PLAN APPLICATION AND DECISION
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NO. Z-9000.
BACKGROUND
An application tor Minor Site Plan Review was presented to
the Bozeman City-County Planning Otfice On September 0, 1990, by
Clair W. Daines, I nc . , Developer, tor the development of eight
condominium units to be constructed in two tri-plexes and one
duplex, on Lot 2B, Westridge Meadows No. 5 minor Subdivision,
beIng a portion ot Westridge Meadows Planned Unit Development.
The application was revIewed pursuant to Sections lH.51 and lH.52
et ~ of the Bozeman Municipal Code (B.M.C.) , and was
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conditionally approved by the City ot Bozeman Development Review
Committee (DRC) on September 25, 1990.
An appeal ot the DRC's decision to the Bozeman City-County
Planning Board was timely filed by Mr. and Mrs. Don Kreitz
pursuant to section lH.51.020 F. B.M.C. On October 10, 1990,
following due notice and a public hearing on the appeal, the
Bozeman City-County Planning Board upheld the decision ot the DRC
to conditionally approve the Minor Site Plan application.
An appeal was timely made to the City Commission, pursuant to
Section 18.51.020 F. and Chapter lH.58 et ~ ot the Bozeman
Municipal Code (BMC) .
On Monday, the 29th day of October, 1990, the Bozeman City
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Commission conducted a public hearing on the appeal of the City-
County Planning Board's decision upholding the decision of the
Development Review Committee's decision conditionally approving
Minor Site Plan No. Z-~lc:lbrJ to allow the construction ot eight ( 13 )
residential dwelling units ot Lot :LE, Westridge Meadows No. 5
Minor Subdivision, being a portion ot Westridge Meadows Planned
Unit Development. FOllowing a statt report, attached hereto as
Exhibit A and incorporated by this reterence as though tully set
torth herein, the Appellant, Don Kreitz, appeared and presented
testimony and then the Developer, Clair Daines, appeared and
presented testimony. No other comments were made. From the
testimony and report presented, the City Commission makes its
findings ot tact.
FINDINGS OF FACT
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1. The Developer, Clair Daines, tiled an applicatIon tor
minor site plan review tor the development ot eight ( 13 )
condominium units to be constructed in two tri-plexes and one
duplex, on Lot 2B, Westridge Meadows No. 5 Minor Subdivision
being a portion ot the Westridge Meadows P.U.D.
2. A zone change tor the subject property occurred in 1~131
when the zoning designation was changed trom RS-l to R-L As
part of the consideration tor the zone change, the city
considered the impact ot brJ units (tull development) on city
services, including transportation:
liThe proposed development could generate a
total ot 413rJ trips per day at full development.
The existing road systems are primarily City
gravelled accesses in need of substantial
repair. A tully tunded road improvement
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program is planned for Kagy Boulevard within
three ( 3) to five (5 ) years that will accomodate
the anticipated traffic volumes reasonably for
this area. II (Staff Report-Weaver request for
Zone Change trom RS-l to R-l, dated 19lH) .
3. In 191:Ll, the City approved the P.D.D. of 53 dwelling
units for said property, consisting of 1:' acres to be developed
in four phases. The P.D.D. was exempted trom Environmental
Impact and Community Impact Statement requirements. Phase 3 of
this approved P.D.D. was initiated in 1989 when a minor
subdivision was approved creating Lots 2A and 2B of Westridge
Meadows No. 5 Minor Subdivision consisting ot two building sites
tor 12 dwelling units.
4 . In January 1990, Lot 2A was approved by the City for the
construction of two duplexes bringing the total number ot
dwelling units to 37.
5. The application for lot 2B which is the subject ot this
appeal, contains 8 dwelling units (two tri-plexes and one duplex)
on 1.7 acres which, if approved, would bring the total dwelling
units to 45 of the 53 previously approved units.
6. The Appellants objected citing concerns over the traffic
impact to his property caused by the construction of new dwelling
units estimating an increase of 100% ln trattlc. The objection
was formulated as a general assertion, unsupported by data or
other information. No other residents living in the noticed area
objected to the proposal.
7. Tne Trip Generatlon Report prepared by the Institute of
Transporation Engineers, 3rd Edition, used by the City indicates
the ADTs for condominiums to be 5.2. :
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ADT
Maximum P.U.D. Development: 53 units x 5.:l = :l75.6 ADTs
Present: 37 units x 5.2 = 19:1.4 ADTs
As proposed: 45 units x ~.2 = 234 ADTs
The 8 unit increase would cause approximately a 21% ADT increase
over the current residential rate. Full development to the 53
residential unit maximum, would result in an approximate 43%
increase over the current residential ADT.
IL After reviewing traffic on Fairway Drive and Kagy
BOUlevard, city staff concluded that saId streets are capable of
carrying the anticipated increase in ADTs created by the
proposal, and which ADT increase is still below what was
predicted in the 19lH zone change.
9. The appellants' property is part of the previously
approved P.U.D.
HJ . The minor site plan for Lot 2B is one of the scheduled
phases of the previously approved P.U.D. and complies with the
P.U.D.
DECISION
The presentatIon of argument by the appellants was not
persuasive in overcoming the decision of the City-County Planning
Board and the ORC. The appellants' assertions concerning the
traffic impact upon his property are unsupported by any evidence
and appellants' assertions are in conflict witn the 'frIp
GeneratIon Report promulgated by traffic engineers and the
oberservations of city staff.
Therefore, the decision of the City-County Planning Board
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approving the minor site plan is hereby upheld.
Dated this 5th day of November, 1990.
ATTEST:
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Clerk ot the Commission
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