Loading...
HomeMy WebLinkAboutLegends at Bridger Creek II, Phase III Major Subdivision_10 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Legends at Bridger Creek II, Phase III Major Subdivision, P14022 MEETING DATE: August 11, 2014 AGENDA ITEM TYPE: Action (Quasi-judicial) RECOMMENDATION: That the City Commission continue its discussion of the Legends at Bridger Creek II, Phase III Major Subdivision (P14022) and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all applicable code provisions as described in July 21, 2014 staff report. RECOMMENDED MOTION: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14022 and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all applicable code provisions. BACKGROUND: This is an application for preliminary plat approval for a major subdivision to allow the subdivision of 24.69 acres into 51 single-household residential lots, related streets, an alley, open space and the re-platting of two lots from Phase 2 of the Legends at Bridger Creek II Subdivision. The Planning Board took public comment and considered this request at their June 17, 2014 meeting. Subsequently, the Applicant requested additional time to consider the Planning Board’s recommendation and comments. On July 7, 2014 the Commission continued the public hearing on application P14022 to July 21, 2014. On July 21, 2014 the Commission held a public hearing to consider the Legends at Bridger Creek II, Phase III Subdivision application. At the hearing the Commission heard the staff presentation, applicant presentation, took public comment, and applicant rebuttal. The Applicant’s legal representative submitted a several page legal comment dated July 21, 2014. During discussion after close of the public comment portion of the hearing the Commission, using its authority, continued discussion and final action on the application to August 11, 2014 to allow the City to consider the information presented by the Applicant and requested clarification 211 on two questions prior to making their final decision on the application. Those questions include: 1. Whether or not the Neighborhood Center was approved under the auspices of the now expired Legends at Bridger Creek II Planned Unit Development (PUD)? 2. Whether or not the variance granted for the level of service at the intersection of Bridger Canyon Drive and Story Mill Road was a part of the Legends at Bridger Creek (PUD)? If so, the Commission may want to re-evaluate the function of the intersection. No motion on the proposed subdivision was made at the July 21, 2014 hearing. The recommended motion is included in this memo for your convenience and is included with the July 21, 2014 staff report. Staff Response In response to the Commission’s questions Staff respectfully offers the following comments. 1. The Neighborhood Center for Legends at Bridger Creek II, Phase I was dedicated and developed with Bridger Creek II, Phase I. Legends at Bridger Creek II, Phase I was granted final plat approval in August 2007 and was platted while the original PUD and subdivision approval were still in force. Parkland banking was explicitly called out with the original plan as allowed Pursuant to Section 38.27.100.A.4, BMC which allows the developer to provide for land outside of the subdivision (Legends II, Phase I) to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. The Commission approved the park plan on January 16, 2007. Complete analyses of the parkland dedication needs are included in the staff report on pages 18 and 22. Legends at Bridger Creek II Subdivision and PUD were granted preliminary approval on April 17, 2006 to create 127 residential lots with parkland, open space and rights-of-way to be developed in a number of phases. The purpose of the PUD was to allow the following relaxations from: a) 18.16.050, Yards; to allow lots fronting on a greenway corridor to have a minimum rear yard of 15 feet, b) 18.44.010.A, Relation to Undeveloped Areas; to allow the construction of street and other public improvements to not be extended to the property line, c) 18.44.020.A.2, Private Streets; to allow a 31-foot right of way for Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes, and d) 18.44.080, Sidewalks; to not construct sidewalks on private streets. No relaxations were requested or needed for parkland development. No additional density is being proposed with the current application. Phase I included 47 lots, Phase II included 27 lots, and Phase II will add another 51 for a total of 125 residential lots. Subsequently, the original Legends at Bridger Creek II PUD approval expired on March 23, 2012. Legends at Bridger Creek II, Phase II final plat approval was granted on January 27, 2014 acknowledging and accepting the banked parkland credit dedicated with Phase I. Both Phase II and III are stand alone subdivisions within the bounds of the original Legends II at Bridger Creek PUD that utilize the original Park Plan reviewed and approved by the City Commission on January 16, 2007. 212 Staff considered the following items in determining the appropriateness of the existing park and neighborhood center: • Amount of parkland dedicated – exceeds minimum standards for all three phases. • Design of amenity – located adjacent to previously developed parkland with Legends at Bridger Creek II, sensitivity to river corridor and sensitive lands associated with the river corridor, and public access. • For phases I and II the following improvements have been installed which include all required landscaping: 1) Landscaping (trees, shrubs, all items called out in the Planting Legend). 2) Drip / Turf Irrigations system. 3) Irrigation system wells. 4) Leveling Park Area – amending the soil and installing a Multi-purpose field. 5) Seeding turf grass. 6) Sidewalks and trails. 7) The as-built irrigation system drawings have been turned in with the Final Plat for phase II. 8) According to the Applicant, due to market conditions the originally proposed the club house will not be constructed. Excerpts from the Legends at Bridger Creek II, Phase II Staff report dated June 3, 2013. These comments are mimicked in the staff report for Legends at Bridger Creek II, Phase III dated July 21, 2014. 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision block were satisfied with public parklands dedicated with the filing of final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be 0.78 acres. The Legends at Bridger Creek II Subdivision Phase 1 was platted in 2007. The parkland dedicated with that phase was 5.304 acres. The required parkland dedication for Phase 1 was 1.41 acres (47 lots at 0.03 acres/lot). Therefore there is still a 3.11 acre parkland reserve for future phases. A master parks plan was approved by the City Commission on January 16, 2007. The proposed open space and public right-of-way improvements are in conformance with this plan. 38.41.060.A.17 Neighborhood Center Plan The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan Road and Northview Street is identified as satisfying the requirements of a neighborhood center for the Legends at Bridger Creek II Subdivision. The dedicated park is of a size and layout that allows for both passive and active recreation, and includes a trail along the Bridger Creek watercourse. The platted location of the park does not meet the following criteria detailed in Section 38.23.020.A.1 or 38.23.020.A.3: the geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along 100% of its perimeter. Staff recommends and finds that these requirements be waived due to the site constraints and the presence of critical lands. The Bridger Creek watercourse corridor is a critical habitat and constrains the site. A public trail is provided in the watercourse corridor parallel to Bridger Creek. Staff 213 recommends condition to clarify ownership and maintenance of open space areas and public right-of-way landscape improvements. 2. The Commission reviewed and approved Legends at Bridger Creek II, Phase II on May 7, 2013 including granting a variance from Section 38.24.060.B.4, BMC “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Canyon Drive to operate below the minimum level of service allowed. The original Legends at Bridger Creek II PUD approval expired on March 23, 2012. The Legends at Bridger Creek II, Phase II was submitted to the Department of Community Development on March 8, 2013, therefore, was not a part of the original PUD design. Pursuant to Section 38.24.060.B.4, BMC: The review authority may accept an LOS an intersection may function at a level less than “C” at a specific intersection if: 1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to be adequate for review; Staff Response – As noted above the Commission granted a variance from this section on June 13, 2013. 2) The request was made in writing with the application; and Staff Response – The request was made in writing and included with the Legends at Bridger Creek II, Phase II preliminary plat Application. 3) The circumstances are in the professional judgment of the review authority substantially the same as when the variance was granted Staff Response – The original development contemplated 127 single-household residential lots. The current proposal will create 125 single-household residential lots. Correspondence from Montana Department of Transportation (MDOT) indicate that there are no changes in warrants for the signalization of Bridger Canyon Drive and Story Mill Road. Findings from Legends II, Phase II preliminary plat staff report dated June 3, 2013, pages 15 – 16. Section 38.35.070 Subdivision Variance Criteria The application includes one request for variance to the Unified Development Code (UDC) from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. Per 76-3-506, MCA, a variance to the UDC must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that the following review criteria are adequately addressed. 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. The variance request is from the Level of Service standard in the code. Although related, Level of Service is not a direct indication of the safety of an intersection but rather the delay associated with a movement at the intersection. The traffic impact study for the subdivision showed that at build 214 out the delay would increase, but the intersection would still not meet warrants to allow for signalization. Other means of mitigating the level of service were explored, but would not be allowed by the Montana Department of Transportation. Given this, there will be no change to the traffic control at the intersection until growth in the area causes warrants to be met regardless of whether or not the variance is granted. 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretations of this title is enforced. Although not due to physical surroundings, shape or topographical conditions, an undue hardship would result in a strict interpretation of this title because it will create a condition that the applicant cannot meet. The level of service for the northbound left turning movement is less than C which is the minimum allowed by the code. In this case, however, the intersection does not meet warrants necessary to allow for signalization. The applicant investigated two other means of mitigating the level of service which were to install a “pork chop” on the southern leg to prohibit the problem movement or install a 4 way stop. Neither those proposed mitigation solutions were acceptable to the Montana Department of Transportation who have jurisdiction over the intersection. 3. The variance will not cause a substantial increase in public costs. No funding source has been identified for the future signalization of this intersection. If the City chose to fund the future improvements through the creation of a Special Improvement District, the properties within this subdivision would participate since they have provided a waiver. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this title or with the City’s growth policy. No, staff has not identified any other nonconformity with the granting of these variance requests. Based on the findings outlined above, the Development Review Committee considered the applicants’ variance requests to the Unified Development Code; and as a result, recommends approval of the variance request. UNRESOLVED ISSUES: None. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Please refer to page 2 of the staff report for alternatives. FISCAL EFFECTS: None identified at this time. Report compiled on: August 1, 2014 Attachments: None 215