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HomeMy WebLinkAbout031 Appendix Y.1 - Variance Request NarrativeWest Park Neighborhood Preliminary Plat Application RC2 Variance Requests 11.14.2022 OPENING STATEMENT West Park 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. West Park is proposed to be subdivided into 7 total lots (4 development lots) that will be developed in phases. The West Park Preliminary Plat was submitted on May 10th and a meeting with the engineering department was held on July 14th to discuss the application comments. The outcome of that meeting is this request for 4 subdivision variances. Variance 1 and 2 are related to the extension of Cascade St. to the east border of the property. Variance 3 is related to the extension of Water Lily Drive to West Babcock Street on the south. Variance 4 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.1 - Code Reference – BMC 38.400.010.A.1 - Documentation Supporting Variance 1: o Previous Norton Ranch Planning Efforts o Covenant of Dedication o Protection of Critical Lands o Response to Subdivision Variance Approval Criteria 3- Variance Request 2 – BMC 38.400.010.A.2 - Code Reference – BMC 38.400.010.A.2 - Documentation Supporting Variance 1: o Previous Norton Ranch Planning Efforts o Covenant of Dedication o Protection of Critical Lands o Response to Subdivision Variance Approval Criteria 4- Variance Request 3 – 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 5- Variance Request 4 – 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.1 and related to the extension of Cascade St. to the East boundary of the Property. The extension of the road will significantly impact critical lands surrounding the Baxter Creek corridor, is not consistent with previous planning efforts associated with the Norton Ranch Subdivision, and is restricted by a Covenant of Dedication with the Army Corps of Engineers that was entered into as mitigation for filling wetlands based on previously approved plans within Norton Ranch. The applicant is requesting not to extend Cascade St. to the east boundary of the property. Right-of-way will be provided on the plat for the future extension of the roadway if it becomes necessary in the future. It is noted that an easement for Cascade Street was provided on the Norton East Ranch Phase 6 Final Plat. This easement extends to the east boundary of the West Park Neighborhood through the wetland corridor but does not line up with Cascade Street on the West Side of Baxter Creek. The easement was placed simply to facilitate the platting of Phase 6 without a variance. Code Reference: BMC 38.400.010.A.1 Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. If the development being reviewed is not a subdivision, a request for an alteration of this standard must be reviewed against the criteria of section 38.250.080.B, but will not alter the review authority who would otherwise decide upon the application. Documentation Supporting Variance 1: Early Norton Ranch Planning Efforts During the early stages of Norton Ranch planning, the Baxter Creek corridor was envisioned as a passive wetland area bordered by trails to provide a pedestrian corridor connecting West Babcock Street to the north boundary of the project and, in cooperation with Valley West Subdivision to the north, eventually to Durston Road. This corridor was intended to provide an important pedestrian and bicycle connectivity in the area. A such a Covenant of Dedication restricting the use of this corridor has been entered into with the Army Corps of Engineers restricting activities and the use of this area. Covenant of Dedication In May of 2008 Norton Ranch entered into a Covenant of Dedication with the Army Corps of Engineers. During the development of the beginning phases of Norton Ranch it was necessary to fill some low quality wetlands to construct the Norton Ranch road system. As mitigation for the filling of these wetlands Norton Ranch placed the Covenant of Dedication, basically a deed restriction, over some of the higher quality wetlands within the Norton Ranch boundary including the Baxter Creek corridor. This Covenant of Dedication restricts all construction activities within its boundary and protects these critical lands from future development. Norton Ranch agreed to the conditions of this document based on the planning efforts during the early phases of the project. A copy of the Covenant of Dedication is included with this request. We draw attention to the following items in the Deed and Use Restrictions: • Item 2. “There shall be no filling, draining, excavating, dredging, mining, drilling or removal of topsoil, loam, peat, sand gravel, rock, minerals or other materials”. • Item 3. “There shall be no building or roads or paths nor any change in the topography of the land”. • Item 5. “There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles or any type of motorized vehicles on the Land”. These items specifically restrict the extension of Cascade St. The construction of a road across the area covered by the Covenant of Dedication would require that the document be modified and that an Individual 404 Permit be obtained as the impact would be greater than 0.5 acre. A requirement of the Army Corp of Engineers of authorizing an individual permit is that a LEDPA (Least Environmentally Damaging Practicable Alternative) analysis be completed. It is probable that Army Corp of Engineers would determine that the existing road networks provide access to the various parcels in the vicinity and that not building a road would be the Least Environmentally Damaging Practicable Alternative. During the planning stages of the West Park Neighborhood the Army Corps of Engineers was contacted to consider the construction of some trails and a footbridge across Baxter Creek. The response from the corps was not favorable. We have included a copy of this email correspondence between our wetland consultant Christine Pearcy and Tim McNew, Senior Project Manager with the Army Corps of Engineers relating to this issue. Protection of Critical Lands BMC 38.400.010.A.1 states: “Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions”. We believe the critical lands associated with the Baxter Creek corridor in conjunction the associated Covenant of Dedication provide topographic and physical conditions restricting the construction of streets and alleys to the boundary line of the tract. 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. 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 surrounding road network provides access by West Babcock St. and Durston Road via Laurel Parkway. Local access will be provided by Pond Lilly, Vaugh 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. Due to the presence of critical land, it would be detrimental to the general welfare of the community to require a road to be constructed across that wetland. In the event that a road is desired in the future an easement will be dedicated to the city on the final plat for this east west connection. 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 interpretation of this chapter is enforced; An undue hardship has been placed upon this property by the topographical critical lands and also the covenant of dedication to the Army Corps of Engineering along this wetland corridor. The covenant was placed on the property to mitigate the filling of wetlands in the early phases and was a result of the overall master planning of the project. The Army Corps of Engineers was contacted in the planning stages of this process to consider construction of a road across the Baxter Creek corridor as well as a trail and pedestrian foot bridge. The response from those conversations was not favorable. 3. The variance will not cause a substantial increase in public costs; and If the City follows the requirements of the approved Covenant of Dedication with the Army Corps of Engineers the extension of Cascade St. will not be necessary and the requested allowance to not build Cascade Street will not impact public costs. An easement is provided if the future connection becomes necessary. If required the Applicant is willing to include Cascade St. in the Waiver of Right to Protest the Creation of Special Improvement Districts for this project to fund the connection at a future date. 4.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.A.2 and related to the extension of Cascade St. to the East boundary of the Property. The extension of the road will significantly impact critical lands surrounding the Baxter Creek corridor, is not consistent with previous planning efforts associated with the Norton Ranch Subdivision, and is restricted by a Covenant of Dedication with the Army Corps of Engineers that was entered into as mitigation for filling wetlands based on previously approved plans within Norton Ranch. The applicant is requesting not to extend Cascade St. to the east boundary of the property. Right-of-way will be provided on the plat for the future extension of the roadway if it becomes necessary in the future. 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 2: Early Norton Ranch Planning Efforts During the early stages of Norton Ranch planning, the Baxter Creek corridor was envisioned as a passive wetland area bordered by trails to provide a pedestrian corridor connecting West Babcock Street to the north boundary of the project and, in cooperation with Valley West Subdivision to the north, eventually to Durston Road. This corridor was intended to provide an important pedestrian and bicycle connectivity in the area. A such a Covenant of Dedication restricting the use of this corridor has been entered into with the Army Corps of Engineers restricting activities and the use of this area. Covenant of Dedication In May of 2008 Norton Ranch entered into a Covenant of Dedication with the Army Corps of Engineers. During the development of the beginning phases of Norton Ranch it was necessary to fill some low quality wetlands to construct the Norton Ranch road system. As mitigation for the filling of these wetlands Norton Ranch placed the Covenant of Dedication, basically a deed restriction, over some of the higher quality wetlands within the Norton Ranch boundary including the Baxter Creek corridor. This Covenant of Dedication restricts all construction activities within its boundary and protects these critical lands from future development. Norton Ranch agreed to the conditions of this document based on the both the Norton Ranch and Valley West approved Master Plans. A copy of the Covenant of Dedication is included with this request. We draw attention to the following items in The Deed and Use Restrictions: • Item 2. “There shall be no filling, draining, excavating, dredging, mining, drilling or removal of topsoil, loam, peat, sand gravel, rock, minerals or other materials”. • Item 3. “There shall be no building or roads or paths nor any change in the topography of the land”. • Item 5. “There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles or any type of motorized vehicles on the Land”. These items specifically restrict the extension of Cascade St. The construction of a road across the area covered by the Covenant of Dedication would require that the document be modified and that an Individual 404 Permit be obtained as the impact would be greater than 0.5 acre. A requirement of the Army Corp of Engineers of authorizing an individual permit is that a LEDPA (Least Environmentally Damaging Practicable Alternative) analysis be completed. It is probable that Army Corp of Engineers would determine that the existing road networks provide access to the various parcels in the vicinity and that not building a road would be the Least Environmentally Damaging Practicable Alternative. During the planning stages of the West Park Neighborhood the Army Corps of Engineers was contacted to consider construction of some trails and a footbridge across Baxter Creek. The response from the corps was not favorable. We have included a copy of this email correspondence between our wetland consultant Christine Pearcy and Tim McNew, Senior Project Manager with the Army Corps of Engineers relating to this issue. Protection of Critical Lands BMC 38.400.010.A.1 states: “Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions”. We believe the critical lands associated with the Baxter Creek corridor in conjunction the associated Covenant of Dedication provide topographic and physical conditions restricting the construction of streets and alleys to the boundary line of the tract. 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. 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 critical lands alongside a covenant of dedication provides topographic and physical conditions restricting the ability to construct a street to the boundary of the property. Additionally, 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, Vaugh 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. Due to the presence of critical land, it would be detrimental to the general welfare of the community to require a road to be constructed across that wetland. In the event that a road is desired in the future an easement will be dedicated to the city on the final plat for this east west connection. 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 interpretation of this chapter is enforced; An undue hardship has been placed upon this property by the topographical critical lands and also the covenant of dedication to the Army Corps of Engineering along this wetland corridor. The Army Corps of Engineers was contacted in the planning stages of this process to consider construction of a road across the Baxter Creek corridor as well as a trail and pedestrian foot bridge. The response from those conversations was not favorable. 3. The variance will not cause a substantial increase in public costs; and If the City follows the requirements of the approved Covenant of Dedication with the Army Corps of Engineers the extension of Cascade St. will not be necessary and the requested allowance to not build Cascade Street will not impact public costs. An easement is provided if the future connection becomes necessary. If required the Applicant is willing to include Cascade St. in the Waiver of Right to Protest the Creation of Special Improvement Districts for this project to fund the connection at a future date. 4.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 3: 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. 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 interpretation of this chapter is enforced; 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. 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. 4.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 4: 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. 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 interpretation of this chapter is enforced; 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. 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. 4.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.