HomeMy WebLinkAbout04- Harvest Creek Subdivision Phases V-XI
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF HOMELANDS FINDINGS
DEVELOPMENT COMPANY, L.L.C.,FOR MODIFICATION OF FACT
OF A CONDITION OF PRELIMINARY PLAT APPROVAL OF AND ORDER
HARVEST CREEK SUBDIVISION, PHASE V-XI, CITY OF
BOZEMAN, GALLA TIN COUNTY, MONT ANA
This matter originally came before the Bozeman City Commission on August 16,200 I, for review
and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Master Plan, and
Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed preliminary
subdivision plat for three hundred (300) single-family residential lots, together with the required
supplementary plans and information. The Commission held a public hearing on the preliminary plat and
considered all relevant evidence relating to the public health, safety, and welfare, including the
recommendation of the planning board, to determine whether the plat should be approved, conditionally
approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this
application, the Commission made the Findings of Pact on the Harvest Creek Subdivision, as required and
signed on July 16,2001.
This matter came before the Bozeman City Commission on May 17, 2004, for review and decision
pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes
Annotated, and the Bozeman Area Subdivision Regulations, Bozeman 2020 Community Plan, and the
Bozeman Unified Development Ordinance. The applicant presented to the Commission a Major
I Harvest Creek Subdivision, Phase V-XI, Modification and Extension Findings of Fact and Order # P-03023A I
Subdivision Preliminary Plat Application requesting a Modification of a Condition of Preliminary Plat
Approval of Harvest Creek Subdivision, Phases 5-11; and requesting a one-year extension of preliminary
plat approval for Harvest Creek Subdivision, Phases 8-11, pursuant to Section 18.06040.D.6 ofthe City of
Bozeman Unified Development Ordinance (previously Section 16.12.040.1 of the Bozeman Area
Subdivision Regulations) as submitted in its original form on April 19, 2004, # P-03023A. The
Commission held a public hearing on the application and considered all relevant evidence relating to the
public health, safety, and welfare, including the recommendation of the planning board, to determine
whether the modification should be approved, conditionally approved, or disapproved; and the extension
granted.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this
application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On April 19, 2004, Homelands Development Company, L.L.c., (Walter Wolf), submitted an
application for preliminary plat review to request: 1) modifications to a condition of preliminary plat
approval set forth by the City Commission for Harvest Creek Subdivision, Phases 5-11, and 2) a one (1)
year extension of preliminary plat approval for Harvest Creek Subdivision, Phases 8-11. The property is
47.04* acres legally described as a portion of the SWl/4 of Section 2, '1'28, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana. The property is zoned R-l (Residential Single-Household, Low
Density District) and is generally located northwest of the intersection of Durston Road and North 2ih
Avenue, south ofthe extension of West Oak Street, and east of the future extension of Fowler Avenue.
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I Harvest Creek Subdivision, Phase V-XI, Moditication and Extension Findings of Fact and Order # P-03023A I
The subdivider is requesting to modify condition eighteen (18) that requires improvements to
Durston Road prior to filing the final plat for Harvest Creek Subdivision, Phasc 8-11.
18. The Traffic Impact Analysis (TIA) submitted with the preliminary plat states that the
addition of all traffic generated by Harvest Creek West to the current network will dcgrade
the Level of Service (LOS) on Durston Road from C to D. Section 16.18.050D.7 of the
Bozeman Municipal Code states that the street LOS may not be less than D. Since the
applicant's TIA does not consider the incremental or cumulative effect on the LOS as each
phase is built, the LOS on Durston Road at any intermediate point in the development of
this subdivision would be unknown. The TIA is also based on an assumption that at full
build-out, 43% of the traffic generated will use West Oak Street, which is not continuous
all the way to North 19th A venue at this time and may not be at the time of full build-out of
Harvest Creek West. The TIA also did not consider the effects of Fcrguson Meadows
Subdivision, where homes are now being built.
It is noted that the City Commission recently placed a condition on Annic Subdivision,
limiting which phases ofthat subdivision could be platted prior to the sale of bonds from an
SID to finance improvements to Durston Road.
As such, the applicant has requested that he be allowed to plat the first three phases of
Harvest Creek West, that is, Phases V, VI and VII, prior to completion of improvements to
Durston Road.
While traffic impact associated with cach phase was not evaluated in the TIA, considering
the issues noted above it appears reasonable to project that the LOS on Durston Road will
not dcgrade below D with the build out of the 127 lots contained in Phases V, VI and VII.
Therefore, the phasing schedule shall state that street improvements to Durston Road must
be completed prior to initiation of construction ofthe fourth phase of Harvest Creek West
(Phase 8).
The Engineering Departmcnt does wish to recognize that the applicant has provided
$10,000.00 to be used for creating an SID to fund improvements to Durston Road from the
west boundary of Harvest Creek to North 19th A venue, and the Engineering Department is
proceeding with procurement of a consultant to create that SID. We have committed
ourselves to trying to create this SID in the most expeditious manner.
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report. The minutes and the resolution of
the Bozeman Planning Board were attached to the Staff Report.
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IHarvest Creek Subdivision, Phase V-XI, Modification and Extension Findings ofFact and Order # P-03023A I
III.
Notice ofthe time and date of the public meeting and public hearing was posted at the site and also
sent to adjoining property owners on April 23, 2004. Said notice also served to inform interested persons
that materials were available for review at the Bozeman Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on May 4, 2004.
The Planning Board found that the application was properly submitted and reviewed under the procedures
of the Bozeman Area Subdivision Ree,JUlations and Bozeman Unified Development Ordinance. Staff
reviewed the staff report and the submittal.
The applicant made a formal presentation on the requested modification and stated reasons they are
asking to change condition #18 as it is impossible to complete the improvements to Durston Road within
the three years allowed by Preliminary Plat approval. The applicant has done everything he can in the last
three years to facilitate the improvements, including a traffic study which has been referenced by the other
two big developers - Laurel Glen and Valley West. She noted Gallatin County has refused to do ajoint
SID/RID to fund the improvements. Eight property owners have refused to sell their rights-of-way.
Appraisers have set values for the properties and new letters have been sent to those eight property owners
with a fair market value offer. Ifthe ofTers aren't accepted, the City may move forward with condemnation
procedures. The big three developers have offered to fund the condemnation proceedings. The applicant
has come to the City stating the condition is impossible. The applicant noted the traffic study was done
prior to the extension of Oak Street from North 25th A venue to the east edge of Harvest Creek. He
explained the current traffic study numbers. He noted the models on Ourston Road indicate the Level of
Service will remain at C.
One document of written testimony on the matter was received by the Planning Office expressing
concern with the traffic impacts on Ourston Road.
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I Harvest Creek Subdivision, Phase V-XI, Modiflcation and Extension Findings of Fact and Order # P-(l3~
The Planning Board then opcncd the public hearing. Three mcmbers of the general public
expressed concern with the current tratlic impacts along Hunter's Way and the need to improve Durston
Road with further development of Harvest Creek. Receiving no further response, the Planning: Board
closed the public hcaring.
The Planning Board discussed the need to improve the current conditions on Hunter's Way and
Durston Road, further improvements to West Oak Street, sequence of future phasing for Harvest Creek
Subdivision, and time schedule for construction of New Holland Drive.
The Planning Board then voted to recommend conditional approval of the application P-03023A,
with conditions recommended by Staff: I) The update to the traffic impact study for phases 8-11 idcntifies
several improvements to the signal at Oak and 19th that are necessary to improve the intersection to an
acceptable level of service. All improvements necessary to improve the level of service ofthe intersection
of Oak and 19th shall be installed or financially guaranteed prior to filing of the final plat for Phases 8-11.
No building permits shall be issued for any lots within the remaining phases until the improvements are
completed and accepted; 2) That the applicant be granted a one (I) year extension of preliminary plat
approval for Harvest Creek Subdivision, Phase 8-11.
And the following additional conditions: 3) That New Holland Drive and Hunter's Way are to be
completed with the next phase to be filed, with the recommendation that Phase II be the first phase to be
filed at the Clerk and Recorder's Office; 4) That Durston Road is maintained at a Level of Service C or
better to address safety issues; and 5) That the Planning Board encourages the City Commission to find a
solution to the current Hunter's Way problem with through-traffic. The motion carried 5-1. It was further
stated that the one-year extension of preliminary plat approval should be granted to May 31, 2005.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on May
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I Harvest Creek Subdivision, Phase V-XI, Modification and Extension Findings of Fact and Order # P-03023A I
17, 2004, at which time the recommendation of the Planning Board, prcsented in Planning Board
Rcsolution #P-03023A, and information compiled by City staff was reviewed.
The Commission discussed the fact that part of Oak Street did not exist at the time of preliminary
plat approval. And becausc part of Oak Street did not exist, the traffic study for the preliminary plat of
Harvest Creek had to route all of the future tratllc onto Durston Road. Now, the unfinished portion of Oak
Street has been developed and the traffic study shows that a portion ofthe traffic created by Harvest Creek
Subdivision will use Oak Street rather than Durston Road. Traffic on Oak Street will relieve traffic on
Ourston Road.
According to the applicant's traffic study, with full development of Harvest Creek, Ourston Road
will be at Level of Service C.
The Commission discussed the traffic situation on Hunter's Way. The applicant offered to pay for
stop signs to create fourMway stops at all intersections on Hunter's Way as a traffic calming measure.
The Commission discussed the cost of improvements to Durston Road and the process for
improvements. The applicant offered to remain financially involved in pursuing an SID on Durston Road.
V.
The application was considered by the Bozeman City Commission and weighed against the review
critcria established by Statutc pursuant to 76-3-608, MCA, and found as follows:
A) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The major subdivision was evaluated against this criterion during the original preliminary plat
application under Planning File No. P-Ol 05. It was determined at that time that the subject area is
appropriate for development at urban density.
2. Effects on Agricultural Water User Facilities.
The major subdivision was evaluated against this criterion during the original preliminary plat
application under Planning File No. P-0105. Condition twentYMtwo (22) of preliminary plat
approval already addresses this criterion. The necessary language shall be provided on the final plat
for cach ofthe remaining phases ofthe subdivision to be filed.
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I Harvest Creek Subdivision, Phase V-XI, Modification and Extension Findings of Fact and Order # P-03023A I
3. Effects on Local Services.
The Development Review Committee has reviewed the preliminary plat application and concluded
that adequate pubic services are available in the area to service the proposed major subdivision
based on the conditions of preliminary plat approval. This includes municipal infrastructure for
sanitary sewer and water, as well as police, fire, and other private emergency services.
4. Effects on the Natural Environment.
All physical or topographical features identified with the pre1iminaryplat application (i.e., Planning
Application No. P-OI05) have been addressed. This includes mitigating measures to enhance the
existing watercourse that bisects the major subdivision from south to north, which also defines the
general boundary between the initial subdivision review for phase 1-4 and the subsequent review in
2001 for phases 5-11.
5. F;ffects on Wildl~re and Wildlife Habitat.
It was determined during the review and approval ofthe original preliminary plat application that
limited evidence of significant wildlife and wildlife habitat existed in the area due the historical use
of the property as agricultural lands.
6. Effects on Public Health and Safety.
With preliminary plat approval for Harvest Creek Subdivision, Phase 5-11, the City Commission
conditionally approved the application with the stipulation that improvements to Durston Road
must be completed prior to issuance of building permits for Phase 8 (i.e., condition eighteen). The
City Commission concluded that improvements to Durston Road were necessary based on the
anticipated addition of traffic generated by Harvest Creek Subdivision, Phase 5-11, as well as the
general condition of the road, the lack of pedestrian facilities, and the desire to improve Durston
Road in its entirety, rather than a piece-meal project.
This same condition to allow for partial development until Durston Road is improved was placed
on at least five (4) other major subdivisions along Durston Road (i.e., Annie Subdivision, Diamond
Estates No.1, Diamond Estates No.2, Valley West, and Laurel Glen Subdivision) and has been
discussed with developers of at least four (4) future development proposals in the area (i.e., Metcalf
Annexation, McDonald Annexation, North Forty Annexation, and Rosa Annexation). The intent of
the condition was to allow developers the ability to proceed with partial development of the
subdivisions while maintaining some assurance that improvements to Durston Road would occur.
The D .R.C. considered the applicant's request to modify condition eighteen (18) of preliminary plat
approval and based on the infonnation provided in the updated traflic study recommended that
should the City Commission choose to act in favor of the applicant's request that improvements
necessary to improve the level of service at the intersection of Oak and North 19th A venue that
identified in the traffic study shall be installed or financially guaranteed prior to filing of the final
plat(s) for Phases 8-11. No building permits shall be issued for any lots within the remaining
phases until the improvements are completed and accepted.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONT ANA SUBDIVISION AND PLATTING ACT.
Prior to filing of any future plat(s) for this subdivision, said plats must comply with the survey
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I Harvest Creek Subdivision, Phase V-XI, Modification and Extension Findings of Fact and Order # P-03023A I
requirements in Part 4 ofthe Montana Subdivision and Platting Act and will be filed in the Gallatin
County Clerk & Recorder's Office upon review and approval by City staff.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The applicant's rcquest to modify a condition ofpreIiminary plat approval will be addressed by the
City Commission based on the recommendations ofthe advisory bodies, City stan: Planning Board,
public testimony and said findings against the criteria set forth for consideration of preliminary plat
review and approval under Chapter 18.06 of the Unified Development Ordinance.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
Based on the recommendation of the D.R.C. and other applicable review agencies, as well as any
public testimony received, the Bozeman Planning Board shall forward a recommendation in a
Resolution to the Bozeman City Commission who will make the final decision on the applicant's
request. The applicant has requested under Section 18.60.040.D.6 to extend the City Commission's
approval of the preliminary plat application for one (I) calendar year. Based on the applicant's
written narrative provided in the application, the D.R.C. had no objection to said request, finding
that a one (1) year extension of preliminary plat approval was reasonable based on the current
status of Durston Road and its need for improvements
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on April 23, 2004. The proposed project was noticed in
the Bozeman Daily Chronicle on April 25, 2004.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES.
This does not apply to the applicant's request. Said provisions have already been identified with
preliminary plat approval.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
This has been addressed based on the conditions of preliminary plat approval.
ORDER
After considering all mattcrs ofrecord presented at the public hearing, the City Commission found
that the proposed modification of a condition of preliminary plat approval would comply with the Bozeman
2020 Community Plan and the requirements ofthe Bozeman Area Subdivision Regulations, the Montana
Subdivision and Platting Act, and the Bozeman Unified Development Ordinance, if certain conditions were
imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the
conditions ordered herein to ensure that the final plat complies with all applicable regulations and all
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IHarvest Creek Subdivision, Phase V~XI, Modification and Extension Findings of Fact and Order # P-03023A I
required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Modification of Condition 18 of
Preliminary Plat Approval and Extension for Harvest Creek Major Subdivision, Phases 5-11 by Homelands
Development Company, L.L.C., (Walter Wolf), be approved, subject to the following conditions.
1. The update to the traffic impact study for phases 8-11 identi fies several improvements to the signal
at Oak and 19th that are necessary to improve the intersection to an acceptable level of service.
All improvements necessary to improve the level of service ofthe intersection of Oak and 19th shall
be installed or financially guaranteed prior to filing of the final plat for Phases 8-11. No building
permits shall be issued for any lots within the remaining phases until the improvements are
compIcted and accepted.
2. That the applicant be granted a one (1) year extension of preliminary plat approval for Harvest
Creek Subdivision, Phase 8-11.
3. That New Holland Drive and West Oak Street are to be completed with the next phase to be filed,
with the recommendation that Phase 11 be the first phase to be filed at the Clerk and Recorder's
Office.
4. That Durston Road is maintained at a Level of Service C or better to address safety issues.
5. That the Planning Board encourages the City Commission to find a solution to the current Hunter's
Way problem with through-traffic.
This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by
following the procedures of Section 76-3-625, M.C.A. The preliminary approval ofthis subdivision shall
be effective for four (4) years from the date of preliminary plat approval, April 30, 2005. At the end ofthis
period the City Commission may, at the written request ofthe subdivider, extend its approval as provided
for in the Bozeman Subdivision Regulations.
DATED this 23rd day of August, 2004.
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I Harvest Creek Subdivision, Phase V-XI, Modification and Extension Findings of Fact and Order # P-03023A I
BOZEMAN CITY COMMISSION
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
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Timothy A. Cooper
Acting City Attorney
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