HomeMy WebLinkAboutH4 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew C. Epple, AICP, Planning Director
Chris Kukulski, City Manager
SUBJECT: Laurel Glen Subdivision, Phase III, Request for One-Year Extension
Planning Application No. #P-02012
M E E T I N G DA T E: Monday, June 26, 2006
BACKGROUND: Hinesley Family Limited Partnership, represented by Susan B. Swimley, has
requested a second one-year extension of preliminary plat approval for Laurel Glen Subdivision, Phase
III. The first request for a one-year extension of preliminary plat approval was granted by the City
Commission on May 20, 2005. The one-year extension has now expired.
The applicant is currently processing an application for the filing of the final subdivision plat for Phase
II of Laurel Glen Subdivision that will allow issuance of building permits to proceed with construction
in the northwest quadrant of the four-phased major subdivision. In addition, there have been two
requests for modifications to the conditions of preliminary plat approval as it relates to the timing of
improvements to Durston Road, as well as an amended subdivision plat and zone map amendment in
Phase II.
UNRESOLVED ISSUES: The original preliminary plat application was reviewed and conditionally
approved on Monday, May 20, 2002 by the City Commission to subdivide 156.96± acres and create Laurel
Glen Subdivision, Phase I-IV, subject to forty-six (46) conditions (Planning Application No.P-02012). The
application for preliminary plat review was evaluated pursuant to Section 16.10.050.0 of the City of
Bozeman Interim Subdivision Regulations, which is no longer in effect. The Interim Subdivision
Regulations has been replaced by the City of Bozeman Unified Development Ordinance as a tool to
further implement the goals and policies of the City of Bozeman 2020 Community Plan. Extensive
development and improvements to the conditions of the immediate area along Durston Road, North
Cottonwood Road, and Oak Street have extensively changed in this area. For this reason, both Phase III
and IV of Laurel Glen Subdivision should be reviewed against the Unified Development Ordinance as
new applications for pre-application plan review and preliminary subdivision review.
RECOMMENDATION: That the City Commission deny the applicant's request for a second, one-
year extension of preliminary plat approval for Laurel Glen Subdivision, Phase III.
FISCAL EFFECTS: The Planning Office has determined that compliance with the Unified
Development Ordinance as it relates to the goals and policies of the adopted growth policy (density,
parkland, connectivity, alleys, maintenance, mixed land uses, etc.) is in the best interest of the
community.
Report compiled on June 21, 2006.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Andrew C. Epple, AICP, Planning Director Chris A. Kukulski, City Manager
Attachment: Applicant's Request for One-Year Extension
Report compiled on June 21, 2006.
SUSAN
1807 West Dickerson, #B SWIMLEY Bozeman, MT 59715
Attorney and Counselor At Law Phone: (406) 586-5544
Facsimile: (406) 586-3130
June 13, 2006
Andy Epple, Director Fax: 582-2263 `s � `
s
Tim Cooper, Asst. City Attorney Fax: 582-2302
P.O. Box 1230
Bozeman, Montana 59771-1230
RE: Laurel Glen Phase III - extension of preliminary plat approval
Dear Andy and Tim:
Laurel Glen Phase III received conditional preliminary plat approval on May 20, 2002.
The City granted extension of the conditional preliminary plat approval on May 20, 2005 for a
period of one(1) year.
Unfortunately, due to some circumstances beyond Mr. Hinesley's control, he was unable
to final plat Phase III on or before May 20, 2006. Mr. Hinesley has submitted to City
Engineering the plans for improvements in Phase IIl. However, City Engineering is unable to
review the same until such time as the preliminary plat approval has been extended.
As Tim and I discussed, it is within the City Commission's legal authority to extend the
conditional preliminary subdivision approval beyond the initial one (1)year period. I recognize
that the City does not see these extension requests routinely. I can only direct you to Gallatin
County and my experience with such requests. Based upon a County Attorney's opinion written
by then County Attorney Mike Salvagni, Gallatin County has granted extensions for one (1) year
followed by subsequent extensions for one or more years. Gallatin County requires a security for
the second extension. Mr. Hinesley stands ready to financially guarantee all of the improvements
to complete Laurel Glen Phase ITT.
Please process this request for an extension of the conditional preliminary plat approval
for Laurel Glen Phase III Ir a period of one (i) year.
Sine ely,
Susan B. Swimley /
cc: Chuck Hinesley