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HomeMy WebLinkAbout90- Conditional Approval of Minor Site Plan Application No. Z-9060 r I BEFORE THE CITY COMMISSION OF BOZEMAN, MONTANA IN THE MATTER OF THE APPEAL OF CONDITIONAL APPROVAL OF FINDINGS OF FACT -- MINOR SITE PLAN APPLICATION AND DECISION - 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 - 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 1 .. 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 -- 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 2 . 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. : 3 . , . . . , , . , 1 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 4 . . . . . . , . . . . . . . , approving the minor site plan is hereby upheld. Dated this 5th day of November, 1990. ATTEST: R~~~ Clerk ot the Commission 5