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HomeMy WebLinkAbout033 Appendix X.1 - Variance NarrativeLaurel Meadows Neighborhood Preliminary Plat Application Variance Requests 03.10.26 OPENING STATEMENT Laurel Meadows is a 40.83-acre property that is located south of The Lakes at Valley West and north and east of Norton (east) Ranch. Directly to the east of the property is a significant linear park and perpetual wetland easement encompassing Baxter Creek. Laurel Meadows is proposed to be subdivided into 108 total lots, 99 developable lots, 5 open space lots, 2 park lot and 2 restricted lots. The Laurel Meadows Preliminary Plat is this requesting 2 subdivision variances. Variance 1 is related to the extension of Water Lily Drive to West Babcock Street on the south. Variance 2 is related to the block length between the existing Cottonwood Road and the proposed Pond Lily Dr along West Babcock St. The code references related to the variance requests are: BMC 38.400.010.A.1 Relation to undeveloped areas. BMC 38.400.010.A.2 Relation to developed areas. BMC 38.400.010 Block Length The information below documents our requests and provides documentation to support the requests to satisfy the City’s review criteria per BMC 38.250.080. The following is included: 1- Opening Statement 2- Variance Request 1 – BMC 38.400.010.A.2 - Code Reference – BMC 38.400.010.A.2 - Documentation Supporting Variance 1: o Existing Gravel Pit o Response to Subdivision Variance Approval Criteria 3- Variance Request 1 – BMC 38.400.010.B - Code Reference – BMC 38.400.010.A.2 - Documentation Supporting Variance 1: o Existing Gravel Pit o Existing Development East of Baxter Creek Corridor o Protection of Critical Lands o Response to Subdivision Variance Approval Criteria Variance Request 1: The requested variance is to BMC 38.400.010.A.2 and related to the extension of Water Lily Drive to West Babcock St. along the southern boundary of the Property. The intersection of Water Lilly and West Babcock St. is located directly south of an existing gravel pit/borrow area that was excavated by the previous developer. This area is not conducive to construction of foundations or roads. Code Reference: BMC 38.400.010.A.2 Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. Documentation Supporting Variance Request 3: Existing Gravel Pit The intersection of Water Lilly and West Babcock St. is located directly south of an existing gravel pit/borrow area that was excavated by the previous developer. During the planning of this project extensive geotechnical investigations were completed to consider construction of building foundations and the extension of Water Lily to the north. These investigations show that this area is not conducive to construction of foundations or roads. These results are documented in the Geotechnical Study performed as part of, and included with this preliminary plat submittal (reference test pits 10, 11, and 12). As the remnants of the gravel pit still exist we propose an enhanced constructed wetland for this area. Based on the underlying soils in this area we feel the constructed wetland is the best use for this portion of the project. It will enhance the existing Baxter Creek Corridor providing and the critical linear park corridor connecting Durston Road to West Babcock Street. A letter, from Andy Pilskalns of Castlerock Engineering, specifically addressing this issue is included with this submittal. RESPONSE TO SUBDIVISION VARIANCE APPROVAL CRITERIA In response to the specific subdivision variance approval criteria identified in the Bozeman Municipal Code we offer the following: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; This requested variance will not have an impact to the public health safety, general welfare or be injurious to other adjoining properties. The presence of the gravel pit in the southwest corner of the property provides topographic and physical conditions restricting the ability to construct a street to the boundary of the property. An extensive Geotechnical Study included in the preliminary plat application shows that the remnants of a gravel pit have created a soil condition that is not conducive to foundations or roads The surrounding road network provides access by West Babcock St. and Durston Road via Laurel Parkway. Local access will be provided by Pond Lilly, Vaughn drive via Laurel Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. 2. The variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions The presence of the gravel pit in the southwest corner of the property provides topographic and physical conditions restricting the ability to construct a street to the boundary of the property creating a hardship to the construction of Water Lily to West Babcock Street. An extensive Geotechnical Study included in the preliminary plat application shows that the remnants of a gravel pit have created a soil condition that is not conducive to foundations or roads 3. strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self- imposed; The presence of the gravel pit in the southwest corner of the property provides topographic and physical conditions restricting the ability to construct a street to the boundary of the property creating a hardship to the construction of Water Lily to West Babcock Street. An extensive Geotechnical Study included in the preliminary plat application shows that the remnants of a gravel pit have created a soil condition that is not conducive to foundations or roads 4. The variance will not cause a substantial increase in public costs; and The request to not extend Water Lilly Dr. to West Babcock St. will does not impact public costs. 5. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city’s growth policy. Outside of the requested variances the subdivision will be in compliance with the UDC and the Growth Policy. This is demonstrated through the Preliminary Plat Application and City Review. Variance Request 2: The requested variance is to BMC 38.400.010.B Block Length and related to the extension of Water Lily Drive to West Babcock St. along the southern boundary of the Property. This request is related to the block length between Pond Lily and Cottonwood Road. Without the extension of Water Lily the distance between Pond Lily and Cottonwood along West Babcock St. will be around 2000 ft. The extension of Water Lily will reduce this distance but it will remain significantly longer than the 1320 feet allowed in 38.410.040.B. The intersection of Water Lilly and West Babcock St. is located directly south of an existing gravel pit/borrow area that was excavated by the previous developer. This area is not conducive to construction of foundations or roads. Also, area to the east of the Baxter Creek Corridor is currently occupied by the Springhill Presbyterian Church and an undeveloped commercial node at the intersection of West Babcock St. and Cottonwood Road which is currently undeveloped. The entrance to the church provides access to the developed portion of the site and as the property develops there will be opportunities to add to the road network between the two parcels helping to reduce the block length. Code Reference: BMC 38.410.040.B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Existing Gravel Pit The intersection of Water Lilly and West Babcock St. is located directly south of an existing gravel pit/borrow area that was excavated by the previous developer. During the planning of this project extensive geotechnical investigations were completed to consider construction of building foundations and the extension of Water Lily to the north. These investigations show that this area is not conducive to construction of foundations or roads. These results are documented in the Geotechnical Study performed as part of this preliminary plat submittal (reference test pits 10, 11, and 12). As the remnants of the gravel pit still exist we propose an enhanced constructed wetland for this area. Based on the underlying soils in this area we feel the constructed wetland is the best use for this portion of the project. It will enhance the existing Baxter Creek Corridor providing and the critical linear park corridor connecting Durston Road to West Babcock Street. A letter, from Andy Pilskalns of Castlerock Engineering, specifically addressing this issue is included with this submittal. Existing Development East of the Baxter Creek Corridor Another consideration is the area to the east of the Baxter Creek Corridor is currently occupied by the Springhill Presbyterian Church and an undeveloped commercial node at the intersection of West Babcock St. and Cottonwood Road. As the property develops there will be opportunities to add to the road network between the two parcels helping to reduce the block length. It needs to be considered that over 1300’ of the separation is adjacent to this property. Protection of Critical Lands BMC 38.400.010.A.1 states: “Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space.” We believe the critical lands associated with the Baxter Creek corridor provide topographic and physical conditions restricting the construction of Water Lily. This corridor is now a feature of this area providing a north-south pedestrian and bicycle transportation corridor along a pristine wetlands corridor and providing vital connections to the area trails. It needs to be considered that only 325’ of the separation is adjacent to this property. RESPONSE TO SUBDIVISION VARIANCE APPROVAL CRITERIA In response to the specific subdivision variance approval criteria identified in the Bozeman Municipal Code we offer the following: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; This requested variance will not have an impact to the public health safety, general welfare or be injurious to other adjoining properties. An extensive Geotechnical Study included in the preliminary plat application shows that the remnants of a gravel pit have created a soil condition that is not conducive to foundations or roads. Furthermore, when looking at the two master planned communities surrounding this critical land, neither of them contemplated crossing this land with a road throughout their history. The surrounding road network provides access by West Babcock St. and Durston Road via Laurel Parkway. Local access will be provided by Pond Lilly, Vaughn drive via Laurel Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the future extension Cascade St. will be provided on the final plat if the connection of Cascade St. becomes necessary in the future. Access to the existing Church is provided via Cottonwood Road and West Babcock St. If and when development continues on the east side of the Baxter Creek Corridor further access to that area can be considered. 2. The variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions; An undue hardship has been placed upon this property by the soil conditions associated with the existing gravel pit located directly north and directly in conflict with the extension of Water Lily Drive. 3. strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self- imposed; An undue hardship has been placed upon this property by the soil conditions associated with the existing gravel pit located directly north and directly in conflict with the extension of Water Lily Drive. 4. The variance will not cause a substantial increase in public costs; and The request to increase the block length between Cottonwood Rd and Pond Lily Drive does not impact public costs. 5. The variance may not place the property in nonconformance with any other regulations. Outside of the requested variances the subdivision will be in compliance with the UDC and the Growth Policy. This is demonstrated through the Preliminary Plat Application and City Review.