Loading...
HomeMy WebLinkAbout16- Findings of Fact and Order - Cowdrey-Kagy Minor Subdivision 16086 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1-230 2548403 Page: 1 of 24 06/17/2016 03:14!20 PM Fee: $168.00 Charlotte Mills - Gallatin County, MT MISC 111111111111111111111111111111111111111 IN 1111111111111111111111111111111111111111 OF 1111 IN Bozeman City Commission Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Application 16086 Public Hearing Date: City Commission meeting was held April 25,2016. Item: A Minor Subdivision Preliminary Plat Application Requesting A Subsequent Minor Subdivision From A 4.995 Tract of Record to Create Two Lots And Dedicated Rights-of- Way on the Property Addressed as 1450 West Kagy Boulevard.No Parkland or Open Space Is Proposed. Project Location: The property is addressed as 1450 West Kagy Boulevard and is legally described as a tract of land being part of Lot 1 of the Boylan Addition and subject tract of Plat 21,Film 869, located in the Southwest One-Quarter of Section 13, Township Two South,Range Five East,P.M.M., City of Bozeman, Gallatin County,Montana. The property is zoned R-4,Residential High Density District. Recommendation: Approval with conditions and code provisions. 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 16086 and move to approve the Cowdrey-Kagy Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions." Findings of Fact and Order Date: Wednesday, April 27, 2016 Staff Contact: Mitch L. WerBell,Assistant Planner Shawn Kohtz,Development Review Engineer Agenda Item Type: Action(Quasi Judicial) 16086 Findings of Fact and Order for the CoWrey-Kagy Minor Subdivision Page 2 of 24 EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues at this time. Project Summary A Preliminary Plat Application was submitted to the Department of Community Development requesting to subdivide a 4.995-acre tract of record into two lots and dedicate rights-of-way for future extensions of State Street and South 15th Avenue. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing was required before a Commission decision. At its March 30, 2016 meeting,the Development Review Committee (DRC)voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. No parkland dedication is required for this subdivision. No subdivision or zoning variances are requested with this application. The final decision for a Subsequent Minor Subdivision Preliminary Plat was made within 60 working days of the date it was deemed adequate, in this case by June 23, 2016. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission's findings of non-compliance with the applicable criteria contained within the staff report; or 4-. -Continue the public hearing on the application,with specific direction to staff or the applicant to supply additional information or to address specific items. Commission Action The Bozeman City Commission held a public hearing on Monday,April 25, 2016 to review the application and hear public testimony. One commenter offered oral testimony in opposition to the subdivision during the public comment period of the City Commission review of this item. The City Commission discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions,the Minor Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for application 16086 and voted to approved the preliminary plat application,with the conditions as outlined in the staff report, 5:0. 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 3 of 24 TABLE OF CONTENTS EXECUTIVE SUMMARY............................................................................................................ 2 UnresolvedIssues ...............................................................................................................2 ProjectSummary................................................................................................................. 2 Alternatives......................................................................................................................... 2 SECTION 1 —MAP SERIES..........................................................................................................4 SECTION 2—REQUESTED VARIANCES ................................................................................. 9 SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL............................................ 9 SECTION 4—CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS..................... 11 SECTION 5 —RECOMMENDATIONS AND FUTURE ACTIONS ......................................... 12 SECTION 6—STAFF ANALYSIS and findings......................................................................... 13 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13 Preliminary Plat Supplements........................................................................................... 14 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 19 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 22 APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 22 APPENDIX C—NOTICING AND PUBLIC COMMENT......................................................... 23 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 24 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 4 of 24 SECTION I -MAP SERIES LIN( M ti i BOBCAT al 1( Ili s•fit -'cam .. o _mil .fntS 1W. r si r r � z R— a LEN DR B—2 CAMPUS,BI\"D i REM, Legend Selected Project p t City Limits R—'3 Zoning Districts Parcels 16086 Cowdrey-Kagy Proposed R Minor Subdivision Preliminary Plat BOZ E MANMT Submitted 03/02/2016 P1unnlnq A Figure I -Zoning 16086 Findings of Fact and Order for the Corvdrey Kagy Minor Subdivision Page 5 of 24 KAGY IIIND ALLEN DR t STADIUM r r. CAMPUS BLYD Legend Selected Project City Limits Parcels Community Plan Future Land Use Residential Residential Emphasis Mixed Use Suburban Residential Regional Commercial and Services 1 Community Core Community Commercial Mixed Use Business Park Mixed Use J Industrial Public Institutions Parks,Open Space and Recreational Lands Other Public Lands Golf Course Present Rural me e�«os aered bi me Rids- 16086 Cowdrey-Kagy Proposed Minor Subdivision Preliminary Plat BOZEMANPT Submitted 03/02/2016 Worming Figure 2—Future land use rf�r��igOUS ,t&4t. ILI ILL a. �j-.+ cn �k' LL•. - ? is— cn i # rz tt -i M CL Lj uj LA r- s L b op - O 16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 7 of 24 KAGY BLVD.W RIGHT OF WAY --- 2'ALUt4.CAP 2'ALU1A CAP '..... --._ �.w- ,.• Y�—�. k _ __V_____4_____ MT DDT IdT G<JT I pT ar��=:'or'— L..o (TA}35i dt ttlj_ur—w -- — — NH3'275d'£ N92'1&2YE 84.00' w 979.95 45.C/' dS.tPL .01 E71A0—' 10'UImTY€A:E#,EfJT 19� FILM�27 P 2"75;J. ¢ GAS PPEL14E EASEMENT t0'LP t-Iry ENEi'fi t.'.'.^..^ : % { Ill 22,PAGE 1619 ! ACCESS E ESTAIMISHEDTH "FIVEY ""'. '"". " 3 A5EN:ENT t` AT 121 PAGE 32W ESS LEAIEkT F y„ �.R..f..X. "1 r It 'g00UTILITY F EAS'E.'#,ENT LOT 1 1,000 ACRES 43,550SQ,FT,.#-- 9 ro sm 4$ 3,34 LOT ACRES C::A16wkI�ASHED p 6 145,800SQ,FT, V �� o ,�Q ye evl spf RaAn oEcIcATIaN ' 30RiY 10 CITY Df CO2Eil•W C Erfet T97H E. _ \ r.83'27Tf' C\ h TVAER ' .•'fiALY4 T044ER 17425 L 1 1 I)EpICATI0NT4 j CITY OF 802FMAN 1P 1 0,648ACRES I 2-ALUM.cAP 28206 SO.FT. T MT DDT I t' RGAD Opal GITYUF r TOITVapso'zEtAIJ1 .'� 4� r FOR STATE STREET 19•GO'Cf'kUY i EASEtlEk1 FOLIO 1141 n xa sYktm _-___,_ _ � __. 4 •RAY C€N7ER'YVC see ' ��`• _. IV a519 IRI EDU.11,,1 OD r. 9TQu PIPE1 o ° AiAsle OF BEARING Tna NCi1E?�Odal)'M fia s,�h}art Cacl cf Plat 21,€im�'U 0 40 bo 123 Figure 4—Proposed lot exhibit s 3s yyyyyg •� - 3B ppa y :1 y 16 ®®® Y 'u os Q- t5 ono i � 5 �• ��� /� � ®®Eg Cd WR ;# It -KN IN ^1 fill !Mil�jgitt 5=� pQ f I I I i bo $o i fill il��6 . .►s f.. m ti p.,r v n I 11 i l � I I � I � a € ��� 3$oa 4 W lkEG Z ;�C $fit a ,l t i S tOff QZ 5 r• � t; ! IL oco o 0 vzz C�j < t `x 3 H('(,�yt� S$i1� {� !� S g j 6i Oo m o z ? E,; n] cjLE a4 se I°� 4i � z ! + g1jp a g$JJ. 1'p$p,�F{{ tfit 43� ���; f t + iY gg gg v� d o o°LL° yp5 8 �� fLSilp�s+ ifii ! Y ;" B n 1 �5i bq z z w o �� �t 31.es gt :[+ If [L N o'o— a � $ y : i `;6 ;j ; iq� , 4#�;= <i� a i ? l A� pi'_ ► a m N;S F *"�S !�li��p ; B � t1t z m w i z #� `fib l s6s =i P,`f b O_X 5 e ^ ° tC6t Z t; g�Ft �� I'�� ° 9=t° { O z o' � Ia ''. f�$ e }FgBg \� RU�L QlAm z t. t `�I p 6 At SE it :{ LY F . S LEi `16086 Findings of Fact and Order for the Coivdrey Kagy Minor Subdivision Page 9 of 24 SECTION 2—REQUESTED VARIANCES No subdivision or zoning variances are requested with this preliminary plat application. SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104, ARM; 24.183.1107, ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements, a platting certificate, and all required and corrected certificates were received. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy, and five (5)paper prints. The Gallatin County Clerk&Recorder's Office has elected to continue the existing medium requirements of two mylars with a 1%2"binding margin on one side for both plats and COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same-sized mylar sheet in the plat set. 3. All notes, restrictions and conditions of approval must be relocated from the plat and transferred to the final plat conditions of approval sheet. 4. Lot 2 must be platted as an undevelopable lot in accordance with Section 38.39.080.B.6, BMC, with the following language placed on each undevelopable lot of the final plat: "Lot development subject to further subdivision review."No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: "NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2, of the Cowdrey-Kagy Minor Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED that Building Permits will not be issued for Lot 2, of the 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 10 of 24 Cowdrey-Kagy Minor Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." 5. The final plat must provide a mutual access easement that allows access between Lot 1 and Lot 2 for the service of the radio tower,radio tower shed and communications shed. The easement must be described, dimensioned and shown on the final plat in its true and correct location. 6. The final plat must provide all necessary utility easements, which must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from utility companies providing service indicating that rear or side yard easements are not needed. 7. The final plat application must contain the following notation on the conditions of approval sheet in the final plat: "No parkland dedicated with this subdivision. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption." 8. Unless already filed, and prior to final plat approval, an executed waiver of right to protest the creation of special improvement districts (SIDS) for a park maintenance district must be filed and recorded with the Gallatin County Clerk and Recorder. 9. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter and sidewalks)prepared by a professional engineer (PE)must be provided to and approved by the City Engineer at the time of development. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must provide professional engineering services for construction inspection,post-construction certification, and preparation of mylar record drawings. Construction must not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of required infrastructure improvements. 10. A stormwater master plan must be submitted for review at the time of the further subdivision of Lot 2. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan must include sufficient site grading and elevation information(particularly for the basin sites, drainage ways, and lot finished grades),typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 11 of 24 11. Prior to any building permit approval, an erosion and sediment control permit must be obtained from the City's Stormwater Program Coordinator. 12. The applicant must execute and file the draft waiver of right to protest special improvement districts included with the application materials prior to final plat approval. 13. The downstream capacity limited sewer mains must be upgraded prior to any increases in flows from Lot 1. 14. In accordance with an arterial street right-of-way, 15-feet of road dedication must be provided east to west along the northern property boundary of Lots 1 and 2 with the final plat application to allow for planned upgrades to Kagy Boulevard. 15. The applicant must provide a financial guarantee for the required City standard sidewalk along the front of Lot 1 and enter into an improvements agreement with the City to complete the sidewalk per BMC 38.39.060. Construction of the sidewalk must be delayed and coordinated with planned improvements on Kagy Boulevard. 16. Construction of a replacement City standard driveway access for Lot 1 must be delayed and coordinated with the planned improvements on Kagy Boulevard. The applicant must provide a financial guarantee for the drive access on Lot 1 and enter into an improvements agreement with the City to complete the access per BMC 38.39.060. 17. The applicant must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions has been satisfactorily addressed, and must include a digital copy(pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet, note, covenant, etc. in the submittal. SECTION 4— CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. Section 38.23.060 requires that all public or private easements shall be described, dimensioned and shown on the plat. The existing 30'street easement along the western 619.39'boundary line must be shown on the final plat. B. Section 38.41.050.A.5 - Documents and Certificates. The revised draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owner's association and the exhibit therein must be submitted for review at least 30 days prior to final plat application. C. Section 38.06.060 -Improvements. The Certificate of Completion of Improvements must be revised to reference Lot 1 in the Financially Guaranteed Improvements List for the sidewalk and driveway access along Lot 1. D. Section 38.06.070 - Governing body. The Certificate of Director of Public Works must stay on the plat, as the Public Works Director is the designated agent for the City 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 12 of 24 Commission to certify approval of the plat of the subdivision. The Certificate of Governing Body must be removed from the final plat. E. Section 38.03.050 -Notice of certification that water and waste services will be provided by local government. The Municipal Facilities Exclusion Checklist indicates the Department of"Public Services." This checklist must read the Department of"Public Works." F. Section 38.41.050.A.8 - Preliminary plat supplements required for all subdivisions.A Noxious Weed Management Plan must be submitted with the Final Plat Application for this subdivision. SECTION 5-RECOMMENDATIONS AND FUTURE ACTIONS Project Name: Cowdrey-Kagy Minor Subdivision Preliminary Plat File: 16086 Development Review Committee The Development Review Committee (DRC) reviewed the proposed minor subdivision preliminary plat application on March 16, 23 and 30, 2016. On March 30, 2016,the DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, found that the application, with the recommended conditions of approval, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. Planning Board This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing was required before a Commission decision. City Commission The Bozeman City Commission held a public hearing on Monday, April 25, 2016 to review the application and hear public testimony. One commenter offered oral testimony in opposition to the subdivision during the public comment period of the City Commission review of this item. The City Commission discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Minor Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for application 16086 and voted to approved the preliminary plat application, with the conditions as outlined in the staff report, 5:0. '16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 13 of 24 SECTION 6—STAFFANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria,Section 38.03.040,BMC In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition 2,the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Therefore,the subdivision will be in compliance with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The public hearing before the City Commission was properly noticed as required by the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter,the City Commission made a final decision on the applicant's request. A preliminary plat application was submitted to the Department of Community Development on March 2, 2016 and was deemed acceptable for initial review on March 9, 2016. The preliminary plat was reviewed by the DRC on March 16,23 and 30,2016. The DRC determined the submittal contained detailed, supporting information sufficient to allow for the review of the proposed subdivision on March 30, 2016. 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 14 of 24 Public notice for this application was scheduled on March 30, 2016 to be posted in the legal advertisements section of the Bozeman Daily Chronicle on Sunday,April 10, 2016. The site was posted with a public notice on March 31, 2016. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on March 31,2016.No public comment was received as of the writing of the staff report. On April 11, 2016 this subsequent minor subdivision preliminary plat application staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission,which was scheduled to make a final decision at its April 25, 2016 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate,in this case by June 23,2016. 4) Compliance with Chapter 38,BMC and other relevant regulations Community Development staff and the Development Review Committee reviewed the preliminary plat against all applicable regulations and compliance with all regulations appears to be met. Recommended conditions of approval and code provisions requiring plat corrections are included to complete the application processing for final plat approval. Site-specific conditions and plat corrections are included in this report for consideration by the City Commission. 5) The provision of casements to and within the subdivision for the location and installation of any necessary utilities As detailed under Criteria 2 above and required by Section 38.23.060.A, BMC and recommended as Conditions 5 and 6 , all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. All necessary utilities and required utility easements will be provided and depicted accordingly on the final plat with the recommended conditions. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards,with lot frontage meeting minimum standards shown on the preliminary plat. Pursuant to Section 38.24.090.A, BMC,plats shall contain a statement requiring lot accesses to be built to the standard contained in this section,the City Design Standards and Specifications Policy, and the City modifications to state public works standard specifications. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the Development Review Committee on December 16, 2015. With the pre-application plan review application,waivers were requested by the applicant from Section 38.41.060,BMC"Additional Subdivision Preliminary Plat Supplements"for several of the standard preliminary plat supplements due to 16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 15 of 24 the nature of this previously platted/developed property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-application plan review application for: 6)wildlife, 7)historical features, 8) agriculture, 9) agricultural water user facilities, 12) street, roads and alleys 14) educational facilities, 17)neighborhood center, 18) lighting plan, 19)miscellaneous and 20) affordable housing. Waivers were not granted to the supplemental information for: 1) surface water, 2) floodplains, 3) groundwater, 4) geology-soils- slopes, 5) vegetation 10) water and sewer, 11) stormwater management, 13)utilities, 15)land use and 16)parks and recreation facilities. Staff offers the following summary comments on the supplemental information required with Article 38.41,BMC. 38.41.060.A.1 Surface Water Surface water exists on the subject property. Mandeville Creek crosses the site along the western property boundary. As recommended in Condition 4, Lot 2 will have a no-build restriction placed on the face of plat until further subdivision review occurs. Further subdivision of Lot 2 will require an analysis of site conditions at that time, including watercourses and wetlands. 38.41.060.A.2 Floodplains FEMA map 30031C08161), dated 9/2/2001, indicates Mandeville Creek does not include a mapped 100-year floodplain;therefore, no flood hazards will affect the subject property. 38.41.060.A.3 Groundwater Previously completed Geotechnical Investigation and Reports for adjacent properties revealed groundwater at approximately 6-8 feet deep. With recommended Condition 4, Lot 2 will be subject to further subdivision review where supplementary information on groundwater will be required. 38.41.060.A.4 Geology, Soils and Slopes Previously completed Geotechnical Investigation and Reports for adjacent properties did not reveal any unusual geologic hazards on the property.No significant physical features or topographical conditions have been identified. The majority of the subject property is relatively flat. A slope in excess of 15% exists in the southeast quadrant of Lot 2 and small cuts and fill may be necessary to adequately grade the property for future street construction and residential development. 38.41.060.A.5 Vegetation No changes in use are proposed within this application for Lot 1 that would impact existing vegetation. Further development of Lot 1 is subject to review by the City of Bozeman. With recommended Condition 4,Lot 2 will be subject to further subdivision review requiring a detailed analysis of any significant or critical vegetation that may exist on the subject property. The site is predominately covered in maintained grasses, small shrubs and willow trees. Due to snow cover and lack of vegetative growth on the site during the winter, a Noxious Weed Management Plan was not prepared for the preliminary plat application. Code Requirement E requires a Weed Management Plan to be submitted with the final plat application. 16086 Findings of Fact and Order for the Coivdrey-Kagy Minor Subdivision Page 16 of 24 38.41.060.A.6 Wildlife Supplemental information waived by the DRC.No critical wildlife or large mammals appear to be present on the subject property. The property is adjacent to developed urban areas,roadways and a large park to the south. The past agricultural uses and proximity to the City make the property less desirable to wildlife. Montana Department of Fish Wildlife and Parks was notified of the preliminary plat and did not provide comment on the proposal. The 50-foot watercourse setback along the Mandeville Creek watercourse and wetlands will protect any riparian environment already established on the property. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. The State Historic Preservation Office(SHPO) conducted a cultural resource file search in March 2016. SHPO found that no significant cultural,historic or archaeological features exist on the property and recommendation for a cultural resource inventory is unwarranted at this time. If cultural materials are discovered during further site development, SHPO has requested the representative to contact the office and arrange a site investigation. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area. No known agricultural use occurs on the site. Periodic maintenance of the existing grasses on-site occurs but no known adverse effects on adjacent agricultural use will occur with this subdivision. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a developing area and there are no known agricultural water user facilities on-site. 38.41.060.A.10 Water and Sewer As recommended in Condition 4,Lot 2 will have a no build restriction placed on the face of the plat until further subdivision review occurs and all public facilities are provided for the site. Upon development of Lot 2, an 8-inch water main and a 10-inch sewer main must be constructed in the trail corridor on the west side of the property to allow extension and looping of water mains to the adjacent property to the south and extension of sewer service to the south. Adequate sizing and construction of on-site water and sewer services for future development will be ensured during future plan review. The downstream sanitary sewer mains do not have adequate capacity to accept new flows from Lot 1. The City is currently designing upgrades to the capacity-limited sewer mains. The associated downstream sanitary sewer mains must be upgraded to ensure adequate capacity for increased flows and must be completed prior to any development on Lot 1 and is recommended as Condition 13. An off-site extension of sewer mains is required to provide sewer service to Lot 2 when it is subdivided in the future. '16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 17 of 24 The calculated sewer demands for development of Lot 2 indicated large peaking demands. Upon identification of a connection location to the City sanitary sewer system in the future, allowable demand on the sewer system will be analyzed at that time for available capacity. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of infrastructure and final plat review of further subdivision of Lot 2 by the City Engineering Division, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management There are no known stormwater issues with the development located on Lot 1. A stormwater management plan was not submitted with this preliminary plat application. Lot 2 will have a no build restriction placed on the plat until further subdivision review occurs prior to any subsequent development. A stormwater master plan will be required at the time of the subdivision of Lot 2 with recommended Condition 10. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan must include sufficient site grading and elevation information(particularly for the basin sites, drainage ways, and lot finished grades),typical stormwater retention/detention basin and discharge structure details,basin sizing calculations, and a stormwater maintenance plan. 38.41.060.A.12 Streets,Roads and Alleys Supplemental information waived by the DRC. Bozeman Municipal Code Section 38.24.060.B.4 states that all arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service"C". Level of service(LOS)values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year,which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. The intersection at Kagy Boulevard and South 7th Avenue is a failing intersection within one half- mile of site. This intersection must be upgraded or placed on the City's 5-year capital improvement plan prior to final approval of any development on Lot 2. Any future development on Lot 2 is contingent upon further subdivision review with recommended Condition 4. Future local streets adjacent to the property are not required at this time. The applicant has indicated a 30-foot right-of-way dedication along the western and southern property boundaries for the potential future extensions of South 15th Avenue and State Street. At this time,the City has no right-of-way dedication or street easement on the adjacent property to the south for the future extension of State Street. Kagy Boulevard is currently planned for upgrades as a future arterial street. City of Bozeman Public Works and Montana Department of Transportation staff met to discuss the upgrades to 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 18 of 24 Kagy Boulevard and future shared use pathways. In accordance with an arterial street right-of- way, 15-feet of road dedication must be provided east to west along the northern property boundary of Lots 1 and 2 with the final plat application to allow for planned upgrades to Kagy Boulevard. This road dedication is recommended as Condition 14. City standard sidewalks do not exist adjacent to Lot 1 or Lot 2. Installation of sidewalk adjacent to Lot 2 is a code requirement for site development. With recommended Condition 4, further subdivision of Lot 2 will be required prior to any subsequent site development. A City standard sidewalk must be constructed along the front of Lot 1 on Kagy Boulevard. Delaying the installation of the required sidewalk to coordinate with planned upgrades to Kagy Boulevard is recommended as Condition 15 of final plat approval. A substandard drive access exists for the day care center currently located on proposed Lot 1.A City standard driveway access must be constructed for Lot 1. Delaying the installation of the required driveway access to coordinate with planned upgrades to Kagy Boulevard through an improvements agreement mechanism is recommended as Condition 16 of final plat approval. 38.41.060.A.13 Utilities The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision.No development is proposed at this time requiring extension of private utilities. Dry utilities will likely be relocated with the planned upgrades to Kagy Boulevard. The final plat must provide the location of all public utility easements along all front, side and rear lot lines as required by Section 38.23.050,BMC. An existing radio tower and shed exist on Lot 2. Guy wires and underground power lines cross into Lot 1 where a communications shed is located. Recommended Condition 5 requires an access easement to be shown on the final plat between Lots 1 and 2 to allow for access and maintenance of the existing radio tower. 38.41.060.A.14 Educational Facilities Supplemental information waived by the DRC. The impacts to Bozeman School District educational facilities from this subdivision are expected to be minimal to nonexistent. As recommended in Condition 4,prior to any further development of Lot 2, additional subdivision review will be required and impacts to educational facilities will be further evaluated. 38.41.060.A.15 Land Use The subject property is zoned R-4,Residential High Density District, and development of Lot 2 will be subject to the R-4 zoning requirements set forth in the Bozeman Municipal Code. Lot 1 currently contains a day-care facility and associated surface parking.No changes to this land use are proposed at this time. The subdivision complies with the zoning designation of R-4, Residential High Density District. 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 19 of 24 38.41.060.A.16 Parks and Recreation Facilities Land dedication or cash donation in lieu of land dedication is not required for a minor subdivision. To create a clear record for future development review, Condition 7 recommends that the final plat conditions sheet note that no parkland is dedicated with this subdivision. 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC. A Neighborhood Center is not required for subdivisions less than 10 acres,nor for minor subdivisions. 38.41.060.A.18 Lighting Plan Supplemental information waived by the DRC.No subdivision lighting plan is included with this minor subdivision preliminary plat application. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. Article 43 of Chapter 38 of the Bozeman Municipal Code is not applicable to this minor subdivision. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a minor subdivision to allow the subdivision of one tract of approximately 4.995 acres into two lots and dedicated rights-6f-way. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application for Cowdrey-Kagy Minor Subdivision was considered by the City Commission at a public hearing on April 25, 2016 at which time the Department of Community Development Staff reviewed the project and stated that no public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. D. Chris Budeski from Madison Engineering, representing the applicant/property owner, discussed the design of the subdivision and indicated agreement with the recommended conditions of approval. I6086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 20 of 24 E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38,BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. 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 this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this day of MCA , 2016. ' 16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 21 of 24 BOZEMAN CITY COMMISSION CARSON TAYLOR Mayor ATTEST: Bo , • r o PEARL MICHA�SPN_ -.� City Clerk mil•• ��83 ••� l�?IhCO •4'1� APPROVED AS TO FORM: 65 GiG SULLIVAN City Attorney 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 22 of 24 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4. The intent of the R-4,Residential High Density District, is to provide for high-density residential development through a variety of housing types within the City,with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. Adopted Growth Policy Designation: The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land use designation category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing,height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses.Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large,non-residential uses are discouraged.Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development. APPENDIX B—DETAILED PROJECT DESCRIP TION AND BACKGROUND Project Description: A Preliminary Plat Application was submitted to the Department of Community Development requesting to subdivide a 4.995-acre tract of record into two lots and dedicate rights-of-way for future extensions of State Street and South 15th Avenue. 16086 Findings of Fact and Order for the Cowdrey Kagy Minor Subdivision Page 23 of 24 This subdivision is a second or subsequent minor subdivision from a tract of record and did not require Planning Board review. A public hearing was required before a Commission decision. At its March 30, 2016 meeting, the Development Review Committee (DRC)voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. No parkland dedication was required for this subdivision. No subdivision or zoning variances were requested with this application. Project Background: A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on December 16, 2015 for a two lot minor subdivision. With the pre- application plan review application, waivers were requested by the applicant from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements"for several of the standard preliminary plat supplements, due to the nature of this previously platted property. The City's summary review comments were forwarded to the applicant in preparation of the preliminary plat application and the DRC granted numerous supplemental information waivers under 38.41.060, BMC. A preliminary plat application was submitted to the Department of Community Development on March 2, 2016 and was deemed acceptable for initial review on March 9, 2016. The preliminary plat application proposed three residential lots. The preliminary plat was reviewed by the DRC on March 16 and 23, 2016. Upon further review by staff and the DRC, it was determined that the application would be deemed inadequate for continued review as a three lot subdivision. The proposed Lot 3 did not have legal and physical access. The project representative expressed urgency to staff to move forward with the application as a two lot subdivision so that proposed Lot 1 may be subsequently transferred to the day care center currently in operation on that lot. Revisions occurred and the DRC made a recommendation based upon the two lot minor subdivision. The DRC determined the submittal contained detailed, supporting information sufficient to allow for the review of the proposed subdivision on March 30, 2016. APPENDIX C—NOTICING AND PUBLIC COMMENT Public notice for this application was scheduled on March 30, 2016 to be posted in the Bozeman Daily Chronicle on Sunday, April 10, 2016. Public notice was placed on-site on March 31, 2016 and was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on March 31,2016. No public comment has been received as of the writing of this report. On April 11, 2016 this minor subdivision preliminary plat application staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community 16086 Findings of Fact and Order for the Cowdrey-Kagy Minor Subdivision Page 24 of 24 Development for consideration by the City Commission which was scheduled to make a final decision at its April 25, 2016 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat was made within 60 working days of the date it was deemed adequate, in this case by June 23, 2016. The Bozeman City Commission held a public hearing on Monday, April 25, 2016 to review the application and hear public testimony. One commenter offered oral testimony in opposition to the subdivision during the public comment period of the City Commission's review of this item. The commenter noted concerns over environmental degradation and the future expansion of Kagy Boulevard. The commenter requested denial of the subdivision. The City Commission discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions,the Minor Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for application 15526 and voted to approved the preliminary plat application, with the conditions as outlined in the staff report, 5:0. APPENDIX D — OWNER INFORMATIONAND REVIEWING STAFF Owner: MJC/Kagy LLC, 32300 Frontage Rd. Bozeman, MT 59715-8607 Applicant: MJC/Kagy LLC, 32300 Frontage Rd. Bozeman, MT 59715-8607 Representative: Madison Engineering LLC, 895 Technology Blvd. Ste. 203. Bozeman, MT 59718 Findings of Fact Drafted By: Mitch L. WerBell,Assistant Planner The full application and file of record can be viewed at the Community Development Department, Planning Division at 20 E. Olive Street, Bozeman, MT 59715.