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HomeMy WebLinkAbout17- Findings of Fact and Order - South University District Phase 2 Minor Subdivision Preliminary Plat Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the South University District Phase 2 Minor Subdivision Preliminary Plat, Application 16469 Public Hearing Date: City Commission public hearing was held January 23, 2017 at 6:00 pm. Project Description: A preliminary plat application requesting the subsequent minor subdivision of a 108-acre tract of record to create one lot for residential development, one restricted development lot, and dedicate rights of way and parkland within the boundaries of the South University District Master Plan. Project Location: The property is legally described as Lot 3 of the South University District Phase 1 Minor Subdivision, located in the SW 1/4 of Section 13 and NW 1/4 of Section 24, Township 2 South, Range 5 East,P.M.M., City of Bozeman, Gallatin C6unty,Montana. The property is zoned REMU (Residential Emphasis Mixed-Use District). Recommendation: Approval with conditions and code provisions. Recommended Motion: "Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 16469 and move to approve the South University District Phase 2 Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions." Findings of Fact and Order Date: February 6, 2017 Staff Contact: Mitch WerBell,Assistant Planner Agenda Item Type: Action(Quasi-judicial) 16469, Findings of Fact and Order—South University District Ph.2 Mirror Subdivision Page 2 of 38 EXECUTIVE SUMMARY Unresolved Issues No unresolved issues exist at this time. Project Summary The Department of Community Development received a Preliminary Plat Application requesting a subsequent minor subdivision from a 108-acre tract of record to create one 16.05-acre lot for residential development, dedicate 3.32-acres of right of way and 14.05-acres of parkland, and restrict a 74.87-acre remainder lot. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. At its November 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. The proposed subdivision and parkland dedication conform to the South University District Master Plan and Parks Master Plan that the City Commission approved in 2012. The subdivider did not request any subdivision or zoning variances with this application. Staff did not receive any written public comment on the application as of the writing of this report. One member of the public offered oral testimony in opposition to the subdivision at the January 9, 2017 City Commission meeting. The City Commission voted 5:0 at its January 23,2017 public meeting to approve the subdivision with the recommended conditions and all applicable code provisions with one modified condition. Section 3 of the findings of fact and order reflects the amended condition of approval. This report includes the oral findings made by the Commission and Staff in Sections 7 and 8. 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 March 3, 2017. 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 subdivider to supply additional information or to address specific items. 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 3 of 38 Commission Action The Bozeman City Commission held a public meeting on Monday, January 23, 2017 to review the application and hear public testimony. No public comment was received at the January 23, 2017 public hearing. 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. After Commission questioning, staff responses and recommendations,Deputy Mayor Andrus offered an amended motion with a modification to Condition of Approval No. 4. The strike- through and underline below note the change. Sections 7 and 8 of this report include the findings. "In accordance with the approved zoning entitlement called the "South University District Master Plan,"the subdivider-must eam„let one of the following two options must be completed prior to final plat approval: The subdivider must,,onst,. et South l I'll Avenue must be constructed from its current terminus to Graf Street to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City strongly prefers this option; OR, The subdivider must construct Campus Boulevard from its current terminus to South 19`h Avenue to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City will only consider the extension of Campus Boulevard if completion of South I Vh Avenue is not a viable option." The Commission 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 16469 and unanimously voted to approve the preliminary plat application, with the conditions as outlined in the staff report and one amended condition, 5:0. 16469, Findings of Fact and Order—South University District P11.2 Minor Subdivision Page 4 of 38 TABLE OF CONTENTS EXECUTIVESUMMARY ............................................................................................................ 2 UnresolvedIssues ............................................................................................................... 2 ProjectSummary.................................................................................................................2 Alternatives......................................................................................................................... 2 SECTION 1 —MAP SERIES.......................................................................................................... 5 SECTION 2—REQUESTED VARIANCES ............................................................................... 11 SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL.......................................... l l SECTION 4—CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS..................... 13 SECTION 5 —DRC ADVISORY COMMENTS......................................................................... 15 SECTION 6—RECOMMENDATION AND FUTURE ACTIONS............................................ 16 SECTION 7— STAFF ANALYSIS and findings......................................................................... 17 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 20 Preliminary Plat Supplements........................................................................................... 24 SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 34 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 36 APPENDIX B—DETAILED PROJECT DESCRIPTION .......................................................... 36 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 38 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 38 FISCALEFFECTS....................................................................................................................... 38 ATTACHMENTS......................................................................................................................... 38 16469, Findings of Fact and Order—South University District P11.2 Mil:or Subdivision: Page 5 of 38 SECTION I —MAP SERIES �_ P P9ir i I'rl'R—^ y� 00 B-1 6j \\ VBI.\'U !R-V'r+ME- SIt'CKY RD CAMPUS BLVI RE M U I Proposed Block 2 R-3 w . BP T Legend 0 Planning Projects selection t, R 1Al Roads Alleys City Limits 0 Zoning Districts 1 Parcels 'naa map as treated by Ne �0 h.__.,,,I FT--; ram.zSM,. Phase 2 South University District ReWed:IJ14201d Proposed Preliminary Plat Application 16469, Submitted 11/01/2016 B O Z E M A N M T 14tM=30Dlaat Planning Exhibit I —Zoning 16469, Findings of Fact and Order—South University District P11.2 Mirror Subdivision Page 6 of 38 W KAGN HIND ALIEN DR F 'J CALLNIPUS.BL)-D OPPORWINTfY WXY Legend Panning Project::e)ecten Road: Mays City Limit: Parce'. Community Plan Future Lana Uce Residential Reaaenlla,Emr,,ois.t/,sea U:e Ouburtan Re:'denbal Regional Comlrerc,al ana Cer.ce: CoT.mun O Cere Cc�mun d Cem,ercm:tl sea U:e Su:r,e:s Part Allred Use It1du:7ta1 Public Institution: Pans.Open apace and Recrevcr.al Lar 7c C[tier Putic Lands Gb'Coarse Present Rural nrr,rp L.,.u, Phase 2 South University District Proposed Preliminary Plat Application 16469, Subnutted 11/01/2016 B O Z E M A N MT Exhibit 2—Community Plan ficture land use 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 7 of 38 IN L KAGY BLVD KAGY BLVD - w I �I�I� I '- �- r+ Z, LU I� u c, I I CENTER �. - � I SUB0IVIS10N co BOBCAT STADIUM- I � =UTURE >I -EM'Y^I 9CJYO- -_--__ _ BLOCK 5 -I 18 A ORTH I - SOUTH UNIVERSITY DISTRICT I 'v[ C N I i .;. 1 PARK r_ I MASTER PLAN MAP I %//.�,�% I {i � •i^-- I ` OCTOBER2012 ' r ;BLOCK 1 // C I / i DATA AArva(m) Lot L--.----_�•- J,' _ Block 1 (FMdU) 13.49 Black 2 REMU) 16.06 ��' ; Jr' ,� "•:�.' 1`��•' 9ock 3�RELU) 11.n :ok CAP,1PU-S-^B-L-�V_D. �- I Total Lobe RB1U) 17771 •` South Pa wt k( /o"nand bock) 16.19 North Pork(w/o wenand eetbock) 3.40 MWA`\ II 1 i.'` '•— Ci '— �— —' I Mold ssttloDk 5.78 �r ! FUTURE I Total PQIa 30.53 T I I s. Road Right-Of-Way 1&40 it P^ASE 1 PARK - BLOCK 2 _ '_� - Total 12693 EASE_IOENTI- w Lj ;- IU R E _J> ;� — —I '—I -- — a-� ( -i 5 C. - S DE\;ELO?lo'EN.T_ - - (1S - v: TN FFT7 I� BLOCK a Hi HIGH DENS-,CRO- .-__._ _.. I /// 1^ , `1`•• �� - I+ RESIDENTIAL EMPHASIS r � I FU I'U RE CONIICI LRAL L5IPHASIS SOUTH PARK yl,� ; D'E j O�P-P1EN1 7c 57 AC BLOCK 3 11 '7 A- a��C�c. RESIDENTIAL E1rJNASIS -ARNS D_S-T:REET = ==-----`-=`-====r ----- .R LF]rSTtE'ET- OPEN uN�AnoPUeuc PARK •� - ------- Y------------- -� ICSSIB3� F,JTURE EXTENSIONS I j ".a EN PARK SU3DIV1510N CF ARNOLO S-REET ALLISO•N�l1QD�P_H�CS Ip ExdENDEr D P.RE'_11JIta.Rv VLA7 LAk EDiPREtIMINARV-PL'AT- IJ ' Exhibit 3—South University District Master Plan 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 8 of 38 tL gy B(VCL. -E- Trv<:1 ...�• Cos 2661d Jr Lot 2 „J•.M.-{ r CJtwd'�3a9if I i .� a{i ar sub _ Ra{481 - I ,Etter hndfvm ��� � I •• COS 2661A ur < i I R.'7472 p ----�` J— St�{c _J I G P COS 2723 _ c SE9M.<. E -_ Tram 3 - -H5 gRr;g.S.�cr'S1'N CDs 26611 _ :N L_TH-:-e.:<' Lot 1 no,Gh ..ity rr {y =J E Pha.>e�!Ptnr Phaw !Ptat +rr`ti.. --- - -.. e�-06 '.39' _ •�'r'---.E L- •Z173Ru^.-c.g?0'..•E �1 ___-___ _----_-__. _-_-___ JQ10 LCiM�,<6.26' _II 'I L� j/ __ ___ __-_ _ .. _-- __. -\u9 C,'37•N '059.82' wJ'ti--w IV �90'widt Jbllc -y -L-3-55'- �St• - dh' SLfaM a[utIIKY L- 2�`{ - '31 0wurar•a2at0<'6 _ •-L�7•.57r Lot Z 1'fae C � 3711 Lot p Lot 3P(Formerly Lot 3 or - ,6. Sae: J J if-- S-*urivenity 0i-ict I OS s � _U__ 'bane t Not J-518) 74.87 A— Park 2 i volE la+d.v.Iw+eme.fbi+n n - e,99 aerr V<r'0*.Ide ut®KY tJr7.r da _ e+mar-pn tl a eN+Nat. <a:em<rt , I krlQa;hn easement -RDYJ-3.32.ve <7800d a t hn per 9ocu•,mt I's k. J '�9"':,•7,..q 'W"o- '" I �J .66=ac. =s wrae p.Euc :trCt dr utliltY easement per I � Document Qa'0et6 � 20'wide Irrigatiob =Me^a90m<rt I: per t)<curant �i +2<78008 I ``New 70'wrae p+Llre New N'wide pubic_ rle I. black 2 I e ee{a utifrcy street h utaity IltJxon "'b .L- easem<rt vasemert Pk 9i P1ar 1-584 sR1/4_'k7/. .M14,rl,+ ,e-- -- ut;>aw s,Jb .S-14 BW M.L DEb7LLE Anne: CRE'EE ILVI ES rO BOL Exhibit 4—Plat 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 9 of 3 8 not �/yI/' r ��.- .- -..�. •�.7..+�..v+r-'•ice — - I / � - ._ \ll M N FOR yd#'I ! ;/;,{� I ! Ail I I �', i „ ,. °;!; _ _ II STA_HLY tn r s _ _ STAHLY ENGINEERING > - i d ASSOCIATES PIGINEE0NAL __-. R OFFMI ENOINEER48 SURVEYOR L SeMER� • \\ / EW r.BReAeRAT TO.V _ CCT TO !� mI BICT TTO CO`tYECI TO STORM i r 3WO OD DRI! f..(tl1Y.lR- / STE 1 / LLI �tb wTba-tl]F PHASE P \ � ISSUE/REVISION .38 T 6. A mP / PROJMN PLAT Ao. WlC BY i C s n OAIE eT NNS CESOBPTION SUD PHASE 2 ' I mws�na Na GATE er LOT 1 — bN r 16.05 aC. No. OAIC eY \ � 2`LVIrIICW M, \ e° fo SUBDIVISION / - IMPROVEMENTS 1 PLAN SLID PHASE 2 PHASE 2 PARK - so DISTHRIICCTT slTr 4.63 ACRES TbTA i 1 cAPsroNE 3.86 ACRES NET ------ COLLEGIATE / .r.e UATCA N7 sTw M>a I'd��nFV STUB rARl1 is F1M zTu6 rAlO1 i0R FUTURE COYUNMES,LLC EMMM \FOR iuTURE ! DtTCNSW REMAINDER PARCEL FOR.POTURE EYlp:l(H FOR FunwE , ,. '°"�'="' I 2YiD1 ERtEi•9u, STUB SEYFil _ EulE19a ExiEN90N •+:+.. oP 88.91 ACRES ! I FM FnTUrn"E anemia■MOLT -N-E F: ! lZ7W90R � �� � I C%TCNSION I [xlD+Sta i � wh -;;- I -� C 1.0a Exhibit 5—Lot I of Phase 2 detail 16469, Fiiidings of Fact and Order•—Soiith Univeisity District Pli.2 Minor Subdivision Page 10 of 3 g E TPA�_ F i SPAr , it ri Fr �'r - 1 i �1 ,�� �. i!`_ .r.• - `'gyp _- _ SU ;PFkSE SUD,PHASE: PIT- SUD PHASE 1 PARK AREA III SUD PHASE 2 } 16.05 ACRES SUD PHASE 2 (HATCHED) PARK AREA UTH UNIVERSITY DISTRICT 126.93 ACRES ' 1�7' - , _ . tj Exhibit 6—Aerial 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page l l of 38 SECTION 2 —REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances 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 subdivider 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 final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM,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 were received, a platting certificate, and all required and corrected certificates. i 3. All necessary utility easements 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. 4. In accordance with the approved zoning entitlement called the"South University District Master Plan,"one of the following two options must be completed prior to final plat approval: South 11'll Avenue must be constructed from its current terminus to Graf Street to allow a secondary emergency ingress and egress to the project as { well as improve the transportation network in this critical area. The City strongly prefers this option; OR, The subdivider must construct Campus Boulevard from its current terminus to South 19"'Avenue to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City will only consider the extension of Campus Boulevard if completion of South 11 th Avenue is not a viable option. 5. If the subdivider chooses Campus Boulevard for construction prior to final plat approval, the subdivider must provide a public street easement with the final plat to accommodate a roundabout at the intersection of South 17t1'Avenue and Campus Boulevard in accordance with the South University District Master Plan. 4 2 i a 16469, Findings of Fact attd Order—South University District Plt.2 Minor Subdivision Page l 2 of 3 8 6. "Lot 3A"must be titled"Lot 2" as part of the South University District Phase 2 Minor Subdivision. 7. The remainder Lot 2 of the South University District Phase 2 Minor Subdivision must be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC,with the following language placed on the 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 not subject to this restriction. This language must be placed on the face of the plat or in a separately executed document to be recorded with the final plat: "NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2, of the South University District Phase 2 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. THREREFORE,BE ADVISED, that Building Permits will not be issued for Lot 2, of the South University District Phase 2 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." 8. The final plat must label proposed"Park 1"as "City Park 1"as part of the South University District Phase 2 Minor Subdivision. 9. The subdivider must plat proposed"Park 2" and"Park 3"as a single tract of record and label the tract on the final plat as "City Park 2"as part of the South University District Phase 2 Minor Subdivision. The warranty deed transferring ownership to the City of Bozeman must include the same legal descriptions as shown on the final plat. 10. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider(or owner of the property being subdivided if the owner is not the subdivider)must transfer ownership to the City of all dedicated parkland proposed to be conveyed to the City and all its right,title, and interest in any improvements made to such parkland or open space. For the transfer of real property,the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the City. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon dedicated parkland or City owned open space,the subdivider must provide the City an instrument acceptable to the City Attorney transferring all its 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 13 of 38 rights,title and interest in such improvements including all applicable warranties to such improvements. An executed realty transfer certificate must be provided along with any deed. 11. The subdivider 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 .pdf digital copy 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 38.41.060.A.16,requires the submittal of a park plan with supplementary information about park maintenance and irrigation information. The final plat application must include updated park plan supplementary information to show conformance with the existing South University District Master Park Plan and include cost estimates of the future park improvements required for installation prior to building occupancy on Lot 1 of Phase 2. B. Section 38.23.100.A.1.f,requires a watercourse setback planting plan. The watercourse setbackplanting plan must detail the current boundaries of the wetlands area and the required number ofplantings in conformance with this section prior to final plat approval. C. Section 38.23.060.E,requires public access easements for streets to be provided in accordance with Articles 24 and 27. The final plat application must provide a 35 foot wide public street easement along the entire length of the southern boundary of Lot 2 for the future extension of Arnold Street consistent with the South University District Master Plan for a "Local Street. +Pedestrian"street section, or the subdivider must eliminate the proposed partial easement from the final plat, as Lot 2 will be subject to further subdivision review. If the public street easement is provided, the subdivider must include written approval from the underlying irrigation ditch access easement holder with the final plat application. D. Article 38.38,discusses the requirements for supplementary documents including property owners' association documents and covenants. The South University District Covenants, Conditions and Restrictions filed with the Gallatin County Clerk and Recorder's Office does not include a written date for expiration. The document must be amended to reflect the valid duration. E. Section 38.23.180, states that the transfer of water rights or the payment of cash-in-lieu (CII,) of water rights shall be provided. i4 z ti i a 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 14 of H The subdivider must pay CIL of water rights due prior to final plat approval, or if deferred to a future site plan application, the plat must include a note regarding building permit restrictions for lots that require payment of CIL of water rights. The subdivider must review the CIL of water rights analysis provided by the Engineering Division for this project and coordinate intended water use and sources with the Engineering Division to finalize that analysis. F. Section 38.24.060.B.4,requires all arterial and collector streets and intersections with arterial and collector streets to operate at a minimum level of service "C" unless specifically exempted. Section 38.24.060.B.4.b, gives the review authority discretion to grant a waiver from a LOS of less than"C"at a specific intersection. The intersections of South 7h Avenue and Kagy Boulevard and South 1 Ph Avenue and Kagy Boulevard are within one half-mile of the proposed project and are identified as operating at a level of service (LOS) less than "C" in the City's recent master planning document and per the traffic impact study for the future design condition. Per the section, the subdivider submitted a request to the Director of Public Works for a waiver of the intersection LOS requirement. The Director of Public Works granted the LOS waiver prior to preliminary plat approval. The waiver is valid for the initial entitlement period of the subdivision and applies only to the real property described as Lot 3 of the South University District Phase I Minor Subdivision. G. Section 38.23.060.A, states that where determined to be necessary,public and/or private easements shall be provided for private and public utilities, drainage,vehicular or pedestrian access, etc. The subdivider must provide an off-site public street easement signed by all property owners of record for South I Ph Avenue adjacent to Lot 1 of Phase 2 to the Department of Public Works prior to preliminary plat approval to verify feasibility of the proposed street network. The subdivider must provide separate easements for public infrastructure not located in dedicated rights of way prior to final plat approval, or the final plat must indicate the utility easements. H. Section 38.23.070.A.1, states that the developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the City to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state Department of Environmental Quality and the City, and shall conform to any applicable facilities plan. The City's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 15 of 3 8 proposed facilities to the City and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. The subdivider must construct the off-site sanitary sewer improvements to the property as outlined in the application prior to final plat approval. The plans note a number of 12-inch storm sewer mains for public dedication. A 12-inch storm sewer main does not comply with City standards. The subdivider must provide minimum I5-inch storm sewer mains in accordance with the City of Bozeman Design Standards and Specifications Policy. I. Section 38.24.010.A, states all streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent,width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions,to public convenience and safety, and to the proposed uses of the land to be served by such streets. The proposed parking lane width on S. 14'h Avenue must be increased from seven feet to eight feet to accommodate the bike lane and promote safety for bicyclists on this street where cyclists have priority. The City will accept a reduction in the boulevard width to accommodate this change. The subdivider must indicate the adjusted street section in the application prior to final plat approval. SECTION S—DR CAD VISOR Y COMMENTS I. All notes,restrictions and conditions of approval must be relocated fiom the plat and transferred to the final plat conditions of approval sheet. II. The final plat must note existing right of way widths in accordance with the ARM rules for final subdivision plats. III. The certificate of completion must be properly updated to list all completed and accepted improvements and financially guaranteed improvements prior to final plat approval. IV. The subdivider must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project, and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the subdivider and provided prior to final plat approval. a. It is specifically noted that the subdivider's wetlands delineation has expired per the five-year limitation required by the Corps of Engineers. b. The subdivider must demonstrate DNRC approval of the proposed exempt wells for irrigation prior to final plat approval. This relates to Plat Correction E. V. Plans and Specifications for water and sewer main extensions, streets, and stormwater improvements,prepared and signed by a professional engineer(PE)registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The subdivider shall also provide professional engineering services for .I i 16469, Findings q f Fact wid Order—South University District Ph.2 Mirror Subdivision Page l 6 of 3 8 construction inspection,post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. VI. The City Engineering Department will review sizing and extent of the off-site sanitary sewer main extension with the subdivider's engineer, as these may need to be altered relative to what is indicated in the preliminary plat submittal. Additional sanitary sewer capacity analysis is needed to verify main sizing,particularly for the main on W. Lincoln Street. Where necessary, sanitary sewer main sizes must be increased to accommodate additional sanitary sewer demands. VII. The Conditions of Approval for the South University District Master Site Plan outlined in the approval letter dated April 17, 2012 apply to this project. VIII. The City will accept ownership of the following improvements and will maintain these improvements in perpetuity, which must be called out on the Certificate of Consent and Dedication: a. South 1 lth Avenue and associated stormwater sanitary sewer mains in the dedicated right of way; b. South 14ffi Avenue and associated stormwater sanitary sewer mains in the dedicated right of way; c. Campus Boulevard and associated stormwater sanitary sewer mains in the dedicated right of way; d. All water mains; e. All sanitary sewer mains. SECTION 6—RECOMMENDATIONAND FUTURE ACTIONS Project Name: South University District Phase 2 Minor Subdivision Preliminary Plat File: 16469 Development Review Committee The Development Review Committee(DRC)reviewed the proposed minor subdivision preliminary plat application on November 30, 2016 and 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 and required plat corrections, 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 minor subdivision from a tract of record and does not require Planning Board review. 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page l 7 of 3 8 City Commission having reviewed the application against the criteria established for a minor subdivision, Staff recommends conditional approval as submitted. The Bozeman City Commission held a public meeting on Monday, January 23,2017 to review the application and hear public testimony.No public comment was received at the January 23, 2017 public hearing. 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. After Commission questioning and staff responses and recommendations,Deputy Mayor Andrus offered an amended motion with a modification to Condition of Approval No. 4. The strike through and underline below note the change. Sections 7 and 8 of this report include the findings. I "In accordance with the approved zoning entitlement called the "South University District Master Plan,"the subdivider must complete one of the following two options must be cam 1p eted prior to final plat approval: The subdivider must consue et South I Ph Avenue must be constructed from its current terminus to Graf Street to allow a secondary emergency ingress and r. r egress to the project as well as improve the transportation network in this a critical area. The City strongly prefers this option; OR, The subdivider must construct Campus Boulevard from its current terminus to South 191h Avenue to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City will only consider the extension of Campus Boulevard if completion of South 1 Ph Avenue is not a viable option." is The Commission 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 16469 and voted 5:0 to approve the preliminary plat application,with the conditions as outlined in the staff report and one amended condition. SECTION 7—STA FF ANAL YSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards,plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review.The analysis in this report is a summary of the completed review. i= 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: 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Pagel 8 of 3 8 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition of Approval No. 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 subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all municipal standards. Therefore,upon satisfaction of all conditions and code corrections the subdivision will comply 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 Bozeman City Commission public hearing was properly noticed in accordance with 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 will make the final decision on the subdivider's request. The Department of Community Development received a preliminary plat application on November 1, 2016. Staff deemed the application acceptable for initial review in writing on November 9, 2016, The DRC reviewed the preliminary plat application on November 30, 2016 and determined the submittal contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. On December 7, 2016, Staff provided the subdivider with written comments in addition to summary conditions and code corrections identified by the DRC. Staff scheduled public notice for this application on December 14,2016 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 18,2016. Staff posted public notice on the subject property on December 16, 2016. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 15,2016.No public comment had been received on this application as of the writing of this report. On December 21, 2016, Staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval by the 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 19 of 3 8 Director of Community Development for consideration by the City Commission, which was scheduled to make a final decision at its January 9, 2017 public hearing. The City Commission formally continued the public hearing on this application from January 901 to January 23, 2017. The City Commission voted 5:0 to approve the minor subdivision at the January 23,2017 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; or in this case by March 3, 2017. 4) Compliance with Chapter 38,BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations and the application appears to comply with the Unified Development Code and all other relevant regulations. This report includes Conditions of Approval and code provisions requiring plat corrections as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5)The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. As detailed under the Subdivisions Review Criteria No. 2 above,required by Section 38.23.060.A. and recommended as Condition of Approval No. 5, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. 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 The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Plat Correction G requires the subdivider to demonstrate the feasibility of the proposed street network to the Department of Public Works by providing a public street easement for South 1 Ph Avenue adjacent to proposed Lot 1 of Phase 2 signed by all property owners of record. The City received the easement on January 23, 2017. The plat notes the access from South 1 Ph Avenue. Condition of Approval No.4 recommends the requirement for the subdivider to construct South I Ph Avenue or Campus Boulevard prior to final plat to provide secondary emergency ingress and egress to the subdivision as allowed by Section 38.24.010.A.8.The City park parcels will front on South 14th Avenue. As recommended in site-specific Condition of Approval No. 10,the landowner must provide an acceptable instrument transferring the park parcels to the City with the final plat application. 16469, Findings q f Fact and Order—South University District Ph.2 Minor Subdivision Page N of H Primary Subdivision Review Criteria,Section 76-3-608 1) The effect on agriculture This subsequent minor subdivision will not significantly impact agriculture. The City of Bozeman Community Plan designates the subject property as a residential emphasis mixed use area and the property's REMU zoning allows for residential and commercial development. The property falls within the boundaries approved for development in South University District Master Plan and a residentially-developed block exists to the direct north of proposed Lot 1 of Phase 2. The South University District previously went through subdivision review and approval and the Development Review Committee(DRC) evaluated agricultural effects at that time. Agricultural uses remain to the west on an unannexed parcel,to the south on a different landowner's property and on the proposed restricted development lot within this subdivision. Staff properly noticed all adjoining landowners. The agricultural uses on the proposed restricted development lot will likely continue until the time of future subdivision review and site development. 2) The effect on Agricultural water user facilities This subsequent minor subdivision will not significantly impact agricultural water user facilities. The growth policy and zoning designate this property for residential development and the property has been partially developed as such. A well (GWIC Id: 285793) currently provides irrigation for the existing park. In addition,the Middle Creek Ditch Company may possess water rights appurtenant to the land proposed for subdivision and the subject landowner holds a share of the Middle Creek Ditch Company. The City Engineering and Water Conservation Divisions encourage the subdivider to explore options for using the landowner's share of the water right to irrigate the proposed parkland and residential parcel or potentially transfer the share to the City for credit against required cash in-lieu of water rights or a direct payment of cash. A Montana State University irrigation ditch lies within the future right of way for South 1 Ph Avenue. Staff learned that this irrigation ditch is likely a jurisdictional waterway. The U.S. Army Corps of Engineers makes formal jurisdictional determinations on waterways. If a jurisdictional determination shows the ditch classification as a"water of the U.S." subject to the Clean Water Act, additional permitting may be required at the discretion of the U.S. Army Corps of Engineers. This irrigation ditch must be piped or relocated to accommodate future street expansion to allow for the proper street alignment identified by the Engineering Division. Staff advised the subdivider to provide all necessary permits to the City for piping or relocation. 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way, South 1 Ph Avenue and Campus Boulevard. The subdivider plans for intensive residential development on proposed Lot 1 of Phase 2. The planned residential development requires significant capital facility extensions to mitigate the anticipated impacts from development. The subdivider proposes to extend water and sewer mains to the proposed residential lot. The existing downstream sanitary sewer mains do not have adequate capacity to serve the subdivision. The 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 21 of 3 8 subdivider proposes to construct an off-site capacity expansion sewer main along Willow Way from West Lincoln Street to Kagy Boulevard in accordance with the City's Wastewater Collection Facilities Plan Update. This trunk main will extend south through the proposed restricted development lot and future South 141h Avenue right of way. The subdivider proposes connecting an eight inch sewer main from Campus Boulevard to the new trunk main to the west to accommodate future development. The City will review the final layout of on-site water and sewer mains during the site plan development review stage for Lot 1 of Phase 2. The plat corrections note this requirement. Future development will require additional capital facility improvements to support future uses on the undeveloped large western parcel in the South University District. The subdivider proposes platting this 74.87-acre parcel as an undevelopable lot in accordance with Section 38.39.080.B.6. Recommended site-specific Conditions of Approval No. 6 and No. 7 address this matter and detail the labeling requirements for the final plat. Streets—The proposed subsequent minor subdivision necessitates an additional street extension to provide secondary emergency ingress and egress to proposed Lot 1 of Phase 2 to mitigate future impacts from the planned high-density residential development. The City is currently constructing Graf Street from Macnab Street to South 19th Avenue with a stub for a future South 1 lth Avenue connection. The City's capital improvement plan (CIP) includes an item in Fiscal Year(FY) 2018 to complete South 1 lth Avenue from Kagy Boulevard to Graf Street, which may be constructed in conjunction with the South University District Phase 2 subdivision to provide a more efficient project than if South 1 I d'were constructed in several phases. This will reduce the long-term cost to construct South 11th Avenue by eliminating multiple construction mobilization costs, obtaining an improved economy of scale and obtaining the local share contribution of South 1 lth Avenue from the South University District development. South 1 l th Avenue is a critical north-south connection in the City's street grid. Construction of South 11 th Avenue will provide an alternate route into the Montana State University campus from the southern portion of the City and subsequently reduce the current demand on portions of Kagy Boulevard. An alternate route will serve not only vehicular traffic, but will also include improved facilities and safety for pedestrians and cyclists. Currently, few options exist for north- south travel south of Kagy Boulevard. In addition, the City expects substantial construction traffic associated with the South University District Phase 2 project. Construction traffic must be routed around campus to the project site to limit impacts to traffic on Kagy Boulevard and improve the safety of pedestrian and bike traffic on campus. Extension of the street network may reduce impacts on the transportation system from game day traffic to and from Montana State University. If the City is unable to acquire the necessary right of way for the extension of South 1 lth Avenue, Campus Boulevard must be constructed from its current terminus to South 19th Avenue to provide secondary emergency ingress and egress to the subject property and reduce construction 16469, Findings of Fact and Order—South University District Ph.2 Mirror Subdivision Page 22 of 3 8 traffic and projected residential traffic impacts. The DRC recommended site-specific Conditions of Approval No. 4 and No. 5 to address transportation impact mitigation options. During the preliminary review of the project this subdivision,the City Commission had not yet adopted the Street Impact Fee Fund Capital Improvement Plan for FYI 8-22. Staff drafted an original condition which required the subdivider to construct either South 1 lt"Avenue or Campus Boulevard to provide secondary emergency access. The City Commission subsequently approved the CIP for FYI 8-22 which includes SIF project#102 (construction of South 1 Ph Avenue from Kagy to Graf).Now that the funding is secure and the construction of South 1 Ph Avenue is planned for 2018,the subdivider associated with this project is only responsible for the proportionate share of South 1 1"'Avenue as it is a funded public street construction project. The City Commission considered the subdivision at its January 23, 2017 public meeting and asked questions about the proportionality of the costs and responsibility of the construction of South l Ith Avenue. The code requires streets to be constructed to City standards where adjacent to real property associated with zoning and subdivision applications. The Public Works Director offered for the record that this project will be eligible for street impact fee reimbursement for the full construction of South 1 lt"Avenue if the subdivider makes a formal request. Planning Staff also responded that the wording of the condition should be revised to ensure that the subdivider is not solely responsible for the construction of South 1 lth Avenue in its entirety. Staff offered a suggestion of revised language to Deputy Mayor Andrus which is reflected in this report. Deputy Mayor Andrus made a motion and included an amendment to use the revised Condition of Approval No. 4 language. The Commission voted 5:0 to approve the subdivision with the recommended conditions. Police/Fire—The City's Police and Fire emergency response area includes the subject property. The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to filing the final plat to facilitate emergency response to the site. The City will review addressing of future residential buildings during site plan review. The construction of South 1 Ph Avenue or Campus Boulevard will improve emergency response times. Stormwater—The subsequent minor subdivision will not significantly impact stormwater infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains, which will tie into existing mains. The existing mains convey stormwater to retention ponds, which were oversized and installed with the South University Phase 1 Minor Subdivision. The retention ponds have adequate capacity to accept new flows from this proposed subdivision and future site development. The plans formerly indicated the publicly dedicated mains as 12-inch in diameter. The subdivider corrected the stormwater infrastructure plans to show 15-inch mains in accordance with the City of Bozeman Design Standards and Specifications Policy. The City has a standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, as part of the infrastructure plan and specification review process prior to final plat approval. The plat corrections note this requirement. 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 23 of 38 Parkland—Minor subdivision does not require parkland dedication. A large City park easement exists to the west of the proposed Lot 1 of Phase 2, provided in excess by the Phase 1 subdivider to bank parkland for future South University District phases. The Phase 1 (Stadium View Apartments) developer used a potion of the existing acreage total towards the required minimum parkland dedication for that development. With this plat,the subdivider proposes to dedicate those 14.05 acres currently protected for public use under the existing public park easement. The final plat will memorialize the optional land dedication by acreage with a tracking table on the conditions of approval sheet but will not offer an entitlement for required parkland for Phase 2 buildings. The parkland transfer will simply deed the existing parkland protected by easement to the City. The City will review any future site plan submittal against the parkland dedication standards found in the Unified Development Code and confirm that the proposal meets regulations prior to any zoning entitlement. Recommended site-specific Conditions of Approval No. 8, No. 9 and No. 10 address procedural real property transfer and plat labeling requirements for the parkland. In 2012,the City Commission approved a parks master plan with the South University District Master Plan. The South University District Parks Master Plan details park phases and park improvement review occurring with site plan development for subsequent phases in the South University District. The subdivider proposes to formally transfer the existing parkland by deed to the City of Bozeman. The subdivider must provide additional supplementary information for park improvement cost estimates and watercourse setback planting prior to final plat. At the site development stage, documentation and acceptance of all installed off-site park improvements must occur prior to building occupancy as required in 38.27.080.A. 4)The effect on the Natural environment The subsequent minor subdivision will not significantly impact the natural environment.No significant physical or topographical features (e.g., outcroppings, geological formations, steep slopes)were identified on the subject property. Mandeville Creek bisects the South University District through the park. The subdivider does not propose any construction that will impact Mandeville Creek other than the crossing of the stream for the extension of Campus Boulevard. The Unified Development Code mandates a watercourse setback planting plan that will aid in bank stabilization, sediment nutrient and pollution removal,and flood control. The Code also requires the subdivider to contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) for the construction of the proposed streets. The subdivider must obtain any required permits and provide them prior to any construction of the infrastructure. 5) The effect on Wildlife and wildlife habitat The subsequent minor subdivision will not significantly impact wildlife and wildlife habitat. The property falls within a master planned area identified for residential development in close I proximity to a large urban area. Past agricultural uses limited the amount of wildlife and wildlife �I 16469, Findings of Fact and Ordef•—Soiitli Urrivetsity District Ph.2 Minor Subdivision Page N of 38 habitat on the property. The wetlands host the most significant wildlife on the property. The wetland areas lie within the park and those areas are protected by existing vegetation.No construction is proposed that impacts wetlands. The installation of additional wetland shrub and tree plantings will help mitigate any additional impacts from future development. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections,the subsequent minor subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,Montana Code Annotated (MCA). As a result,the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Staff routed application materials with a request for comments during the pre-application plan review to the following entities: Montana Department of Transportation(MDT), Gallatin Valley Land Trust and the Middle Creek Ditch Company. Staff received comments from MDT on the proposed minor subdivision. Staff provided these comments to the subdivider and attached them to this report. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on April 13,2016. With the pre-application plan review application,the subdivider requested waivers from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements"for several of the standard preliminary plat supplements. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre- application plan review application for: 2) floodplains; 3) groundwater; 8) agriculture; 14) educational facilities; 19)miscellaneous; and 20) affordable housing. The DRC did not grant waivers for: 1) surface water; 4) geology-soils-slopes; 5)vegetation; 6) wildlife; 7)historical features; 9) agricultural water user facilities; 10)water and sewer; 11) stormwater management; 13)utilities; 15) land use; 16)parks and recreation facilities; 17) neighborhood center; 18) lighting plan; and 20) affordable housing. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water This subsequent minor subdivision will not significantly impact surface water. Surface water exists on the subject property. Mandeville Creek runs through the middle of the South University District and is largely contained within the existing parkland. The proposed subdivision will not 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 25 of 38 impact the surrounding wetlands. As the South University District continues to develop, additional parkland dedication will protect the creek and wetlands areas in conformance with the approved master plan. A Montana State University irrigation ditch lies on the eastern edge of the property and bisects the location of the planned extension of South 11 th Avenue. This irrigation ditch must be piped or relocated to accommodate future street expansion. The DRC advised the subdivider to obtain and provide any necessary ditch mitigation permits. 38.41.060.A.2 Floodplains The DRC did not identify any significant impacts to floodplains and waived supplemental information. No mapped 100-year floodplains impact the subject property. Mandeville Creek does not pose a flooding threat for the developable lots due to a small drainage basin at this property, and the large surrounding park area. 1 i 38.41.060.A.3 Groundwater i The DRC did not identify any significant impacts to groundwater and waived supplemental information. Groundwater was initially monitored during the summer of 2011 for this property. Groundwater monitoring wells cumulatively located groundwater between 13-feet deep and less than 1-foot deep in the wetlands. The depth of high groundwater near the proposed Lot 1 of Phase 2 varied between 6-feet to 13-feet deep. The survey did not find areas of high groundwater around lots proposed for development within the master plan. In addition,recent data indicates that groundwater has receded around the subject property. One existing well (GWIC Id; 285793)provides park irrigation. The subdivider must provide well information including flow rate data from the Montana Department of Natural Resources and Conservation to the City Engineering Division for projected water use calculations to aid in the required cash in-lieu of water rights analysis and determination. 38.41.060.A.4 Geology, Soils and Slopes This subsequent minor subdivision will not significantly impact the geology, soils or slopes. The subdivision application includes a geotechnical report conducted for the property in August of 2011. The property exhibits soil characteristics consistent with the surrounding Bozeman area. No significant geologic or topographic features exist on the property. Future development will necessitate the submittal of a site-specific soil analysis and geotechnical evaluation for building foundation engineering. 38.41.060.A.5 Vegetation This subsequent minor subdivision will not significantly impact vegetation. Past agricultural uses significantly changed the vegetation found on the property. The proposed Lot 1 of Phase 2 consists of heavily tilled soil and grasses. The wetlands along Mandeville Creek exhibit the most r critical plant communities. The park preserves the wetlands from development. The subdivider provided a Noxious Weed Management Plan to identify mitigation measures for noxious weeds. 16469, Findings of Fact and Order—South University District Pir.2 Minor Subdivision Page 26 of H Prior to final plat approval,the subdivider must provide a watercourse setback planting plan identifying any additional required plantings. The plat corrections note this requirement. 38.41.060.A.6 Wildlife This subsequent minor subdivision will not significantly impact wildlife. The property falls within a master planned area identified for residential and commercial development. Proximity to an urban area and past agricultural uses limit the amount of wildlife on the property. Occasionally deer and small mammals visit the property, as is common in the Bozeman area. However,the area is generally less desirable to wildlife. The protected wetlands host the most significant wildlife on the property. The 50-foot watercourse setback along the Mandeville Creek watercourse and wetlands will protect any riparian environment already established on the property. Staff contacted the Montana Department of Fish Wildlife and Parks during subdivision review of previous South University District phases but did not receive any comment. 38.41.060.A.7 Historical Features This subsequent minor subdivision will not significantly impact historical features.Anthro Research, Inc. conducted a Cultural Resource Evaluation in April of 2012 prior to the initial annexation of the South University District to the City. The study found that no significant cultural,historic or archaeological features exist on the subject property. The subdivider provided a copy of the study with the preliminary plat application materials. 38.41.060.A.8 Agriculture The DRC did not identify any significant impacts to agriculture and waived supplemental information. The Bozeman Community Plan,municipal zoning and South University District Master Plan designate the subject property for development. Agricultural uses historically existed on the property but ceased in areas of planned development. Agricultural uses remain to the west on an unannexed parcel and to the south of the proposed subdivision. Staff properly noticed the adjoining landowners of record. Some agricultural use occurred on the proposed restricted development lot during the summer of 2016. However, Staff anticipates the remaining agricultural uses will cease as the South University District continues to develop with subsequent subdivisions and site development. 38.41.060.A.9 Agricultural Water User Facilities This subsequent minor subdivision will not significantly impact agricultural water user facilities. As noted above in the 76-3-308,MCA Primary Subdivision Review Criteria, agricultural water user facilities exist in conjunction with the subject property. The Middle Creek Ditch Company historically possessed water rights appurtenant to the land proposed for subdivision. The current landowner holds a share of the ditch company. In addition, a groundwater well supplies irrigation water for the existing park. Section 38.23.180 requires the transfer of water rights or cash in-lieu with annexation, subdivision and site development. The Department of Public works encouraged the subdivider to explore options for using the water right share to irrigate the park and future on-site landscaping in exchange for a credit against anticipated cash in-lieu of water rights 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 27 of 38 requirements. As an alternative, the Department of Public Works expressed an interest in acquiring the water right share for municipal use in exchange for a cash in-lieu credit or cash payment. Due to the significant anticipated water demand to serve the planned high-density residential development, Staff anticipates a large cash in-lieu payment to mitigate the costs of new municipal water appropriations. A Montana State University irrigation ditch lies on the eastern edge of the subject property. The current location of the ditch necessitates piping or relocation to accommodate the future extension of South 11'h Avenue. The DRC put the subdivider on notice to obtain all required permits and submit verification to the City to accommodate the required piping or relocation of the irrigation ditch. 38.41.060.A.10 Water and Sewer The planned future residential construction requires the expansion of the municipal water system to serve the new lots in accordance with Section 38.23.070.A.1,the South University District Master Plan and the Montana Department of Environmental Quality. This subdivision application includes an extension of the 12-inch water main under South 1Ph Avenue with stubs for main extensions to future South University District phases. A 12-inch water main lies in the Campus Boulevard right of way. The plat corrections note the requirements. The Engineering Division will review the final water infrastructure layout for proposed Lot 1 of Phase 2 during the site plan review process. The new municipal water facilities will include nine fire hydrants at one-block intervals in the perimeter streets around the South University District Phase 2. The application also indicates two future internal hydrants for fire protection on the looped mains internal to Lot 1 of Phase 2 for later installation during the site plan stage. As noted above,the Bozeman Municipal Code requires water rights or cash in-lieu for annexation, subdivision and site development pursuant to Section 38.23.180. The projected water demands will likely require a substantial cash in-lieu payment to offset the future intensive residential development. The proposal necessitates accurate calculations for water demands for Phase 2 of the South University District. A significant period of water meter records may not yet exist for the Phase 1 project(Stadium View Apartments). Vacancy rates affect per capita demand per residential occupant. Due to the variables in calculating projected water demand based on comparable developments, the City may require a separate agreement to track actual water usage for a period of time following future Phase 2 building occupancy. Staff determined the appropriate time to require cash in-lieu of water rights payment is prior to site plan approval. The subdivider must record a deed restriction on proposed Lot 1 of Phase 2 to put all landowners on notice of the requirement of cash in-lieu of water rights payment prior to development approval. This staff report includes a memorandum from the City Engineering Division regarding water rights in the Attachments section. The subdivider must upgrade associated downstream sanitary sewer mains prior to final plat approval to ensure adequate capacity for future increased flows in accordance with the City's Wastewater Collection Facilities Plan Update, Section 38.23.070.A.1, and the regulations of the 16469, Fiirdirrgs of F(rct sand Order—Sordh University District PIr.2 Minor SrrGdrvr.srotr Page M of 3 8 Montana Department of Environmental Quality. The downstream municipal sanitary sewer mains do not have adequate capacity to accept new flows. The application includes a Sewer Main Extension Engineer's Report proposing the construction of a capacity expansion 10-inch off-site sanitary sewer main from West Lincoln Street to Kagy Boulevard. This trunk line will extend south along Willow Way and up through the proposed restricted development lot and future South 14'h Avenue right of way. The subdivider proposes connecting an 8-inch sewer main with stubs from Campus Boulevard to the new trunk main to the west to accommodate planned development on Lot 1 Phase 2 and subsequent phases of the South University District. The plat corrections note the requirements. The City will review the final on-site sanitary sewer facility layout during the site plan development review stage for Lot 1 of Phase 2. 38.41.060.A.11 Stormwater Management The planned future residential construction requires the expansion of municipal storm sewer facilities to serve the new lots in accordance with Section 38.23.070.A.1,the South University District Master Plan and the Montana Department of Environmental Quality. The park hosts two large stormwater detention facilities,which were oversized and installed with Phase 1 of the South University District with the anticipation of future development. The application includes a Storm Drainage Engineer's Report,which proposes the installation of new storm sewer mains in Campus Boulevard which will transport surface runoff to the existing detention basins. The analysis accounts for the future Phase 3,with improvements scheduled for construction prior to the final plat approval of Phase 2. The application noted several dedicated 12-inch mains. The City of Bozeman Design Standards and Specifications Policy requires 15-inch storm sewer mains. The subdivider corrected this item. The City Engineering Division will review the on-site storm sewer mains prior to site plan approval. Future on-site mains will connect to the facilities proposed for construction prior to final plat approval of this subdivision. 38.41.060.A.12 Streets, Roads and Alleys This subdivision requires the expansion of the municipal street and sidewalk network to accommodate the planned future residential development. The approved South University District Master Plan provides the planned transportation system for the district. The final plat will provide dedicated right of way for perimeter streets and other street easements in conformance with the master plan. The plans propose traffic calming bulbs at street intersections to provide reduced speeds, shorter crosswalks and better sighting of pedestrians entering the crosswalks. This preliminary plat application includes a Traffic Impact Study(TIS)prepared by Marvin& Associates on October 25, 2016. The study found that the anticipated vehicular and pedestrian traffic generated by future residential development of Lot 1 of Phase 2 will amplify existing capacity deficiencies at the intersections of South 7`h Avenue and Kagy Boulevard and South 111h Avenue and Kagy Boulevard. South 111h Avenue south of Kagy Boulevard will likely see up to a 256%increase in total traffic impacts according to the report. The TIS identifies the intersection 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 29 of 3 8 of South 71h Avenue and Kagy Boulevard as operating at a level of service(LOS) of less than "C"and located within one half-mile of the proposed subdivision. The City's most recently adopted transportation impact fee capital improvement plan(CIP) found that the LOS on Kagy Boulevard has "degraded far beyond what is acceptable. Peak hour backups are now stretching across the entire corridor between 191h and Willson, affecting adjacent roadways and the overall performance of the network." Under project number SIF130, the City plans to add interim capacity to these intersections and adjacent roadways during Fiscal Year(FY) 2018 until a full reconstruction of Kagy Boulevard occurs. Pursuant to Section 38.24.060.B.4.b,the subdivider submitted a request to the Director of Public Works for a waiver from the LOS requirements at these intersections. The Director of Public Works approved the waiver request based on the provided information and findings in accordance with 38.23.060.B.4.b. The proposed subdivision necessitates the extension of an adjacent roadway for secondary emergency ingress and egress to serve Lot 1 of Phase 2. Given the anticipated number of residents,there must be two points of egress from the site in case of a fire or other emergency. Kagy Boulevard, a principal urban arterial is an important element of the City's perimeter street system and is currently the southernmost complete east-west connection.New development in the area will compound existing transportation delays. The City anticipates the completion of the Graf Street extension from Macnab Street to South 191h Avenue in 2017.No significant north- south connections exist between South 19th Avenue and South 3`d Avenue. The South University Master Plan details future extensions of both Campus Boulevard and South 11 th Avenue with associated street section designs to add critical connectivity to the City's transportation grid. Construction of South 11th Avenue will provide an alternate route into the Montana State University campus from the southern portion of the city and subsequently reduce the current demand on portions of Kagy Boulevard. The alternate route will serve not only vehicular traffic, but will also include improved facilities and safety for pedestrians and cyclists. The City's CIP includes project SIF130 in FYI to complete South 11th Avenue from Kagy Boulevard to Graf Street, which may be constructed in conjunction with the South University District Phase 2 subdivision to provide a more efficient project than if South 1 lth were constructed in several phases. This will reduce the long-term cost to construct South 1 lth Avenue by eliminating multiple construction mobilization costs, obtaining an improved economy of scale and obtaining the local share contribution of South 11th Avenue fiom the South University District development. The City anticipates significant construction traffic associated with the South University District project. Construction traffic must route around campus to the project site to limit impacts to traffic on Kagy Boulevard and improve the safety of pedestrian and bike traffic on campus. The subdivider must provide all necessary off-site public street easements for South 11th Avenue adjacent to proposed Lot 1 of Block 2 to the Department of Public Works. The plat corrections note this requirement. The extension of South 1 lth Avenue or Campus Boulevard will provide secondary emergency ingress and egress to Lot 1 of Phase 2, a detour route for future Kagy Boulevard construction, 16469, Findings of Fact and Order—Sorrth University District Ph.2 Minor Subdivision Page H of H and a construction traffic route for Phase 2 of the South University District, and will improve emergency responses times. In addition,the construction of either street may reduce impacts on the transportation system from game day traffic to and from Montana State University. The recommended site-specific Condition of Approval No. 4 addresses the requirement for the completed extension of either South l Ph Avenue or Campus Boulevard prior to final plat approval at the discretion of the subdivider. The subdivider must demonstrate all necessary off- site public street easements to accommodate the construction of South 1 Ph Avenue or Campus Boulevard prior to final plat approval. The City strongly prefers the extension of South 1 lth Avenue. During the preliminary review of the project this subdivision,the City Commission had not yet adopted the Street Impact Fee Fund Capital Improvement Plan for FYI 8-22. Staff drafted an original condition which required the subdivider to construct either South 1 lth Avenue or Campus Boulevard to provide secondary emergency access. The City Commission subsequently approved the CIP for FYI 8-22 which includes SIF project#102 (construction of South 11tt' Avenue from Kagy to Graf).Now that the funding is secure and the construction of South 11 th Avenue is planned for 2018,the subdivider associated with this project is only responsible for the proportionate share of South 1 Ph Avenue as it is a funded public street construction project. The City Commission considered the subdivision at its January 23, 2017 public meeting and asked questions about the proportionality of the costs and responsibility of the construction of South l Ph Avenue. The code requires streets to be constructed to City standards where adjacent to real property associated with zoning and subdivision applications. The Public Works Director offered for the record that this project will be eligible for street impact fee reimbursement for the full construction of South l lth Avenue if the subdivider makes a formal request. Planning Staff also responded that the wording of the condition should be revised to ensure that the subdivider is not solely responsible for the construction of South 11th Avenue in its entirety. Staff offered a suggestion of revised language to Deputy Mayor Andrus which is reflected in this report. Deputy Mayor Andrus made a motion and included an amendment to use the revised Condition of Approval No. 4 language. The Commission voted 5:0 to approve the subdivision with the recommended conditions. The proposed preliminary plat does not indicate an easement for a roundabout at the future intersection of South 17th Avenue and Campus Boulevard. If the subdivider chooses to construct Campus Boulevard to provide secondary access,the subdivider must construct the street in accordance with the approved South University District Master Plan. The recommended site- specific Condition of Approval No. 5 addresses this requirement. The proposed preliminary plat shows a seven foot wide parking lane along South 14'h Avenue. The plans must demonstrate an increase of the parking lane to eight feet wide to accommodate the bicycle lane and promote safety for bicyclists on this street,where bicyclists have priority. The plat corrections note the requirement to update the street section prior to final plat approval. 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 31 of 38 The proposed preliminary plat shows a partial 30-foot wide public street easement for the future extension of Arnold Street. The South University District Master Plan designates Arnold Street as a"Local+Pedestrian" street section with a 70-foot right of way including a 10-foot wide pedestrian pathway. In conformance with the approved master plan, the subdivider must provide a 35-foot wide easement for future Arnold Street extension from South 1 Ph Avenue to South 19rh Avenue. The City did not receive written approval from the underlying irrigation ditch access easement holder. The subdivider must submit written approval from the easement holder to indicate the full public street easement, or the subdivider must eliminate the proposed easement from the final plat, as Lot 2 will be subject to further subdivision review. The plat corrections note this requirement. As required in Section 38.24.080,perimeter sidewalks must be constructed along all street frontages prior to final plat approval or must be financially guaranteed for a period not to exceed three years. 38.41.060.A.13 Utilities This subsequent minor subdivision will not significantly impact utilities. The plat indicates a 10- foot wide utility easement along all street frontages. As recommended in site-specific Condition of Approval No. 3, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. With the recommended condition and code requirements,the plat will provide and depict all necessary utilities and required utility easements. 38.41.060.A.14 Educational Facilities The DRC did not identify any significant impacts to educational facilities and waived supplemental information. Future development will provide additional housing units,which will likely be utilized by students, educators and professionals at Montana State University. The City expects minimal to nonexistent impacts to the Bozeman Public School District#7. 38.41.060.A.15 Land Use The DRC did not identify any significant impacts to land use and waived supplemental information. The proposed subdivision complies with the existing zoning designation of REMU, (Residential Emphasis Mixed-Use District)and the approved South University District Master Plan. 38.41.060.A.16 Parks and Recreation Facilities This subsequent minor subdivision will not significantly impact parks and recreation facilities. The Bozeman City Commission approved a complete parks master plan with the South University District Master Plan. The City Commission granted a zoning variance for the South University District Parks Master Plan to allow the park street frontage below the minimum of 50 percent as required by code, due to the phased nature of the development and the location of Mandeville Creek, which bisects the entire district. 16469, Findings of Faet and Order—SouN University DISt/7Ct PI1.2 Miltor SIlbdlVlsio/1 Page 32 of 3 8 Minor subdivisions do not require the dedication of parkland or cash in-lieu of land dedication. However,the South University District Phase 1 Minor Subdivision provided a 9.38-acre park easement. The completion of the Phase 1 park resulted in 4.66-acres of improved parkland after netting out the wetlands, watercourse setbacks and stormwater detention facilities. An additional 3.86-acres of improved parkland proposed with Phase 2 will result in a total of 10.59-acres of improved parkland. The application includes a parkland tracking table which the final plat conditions of approval sheet will depict. The recommended site-specific Conditions of Approval No. 8,No. 9 and No. 10 outline the labeling, monumentation and procedural requirements for the formal dedication of the parkland to the City with the final plat application. While this minor subdivision does not require the dedication of parkland,the subdivider must submit additional information including cost estimates of future park improvements to show conformance with the approved parks master plan prior to final plat approval. The original South University District wetlands delineation expired. Staff met with the subdivider and learned that a new wetlands delineation was completed and the final plat application will include the updated data. The subdivider must update the watercourse setback planting plan to reflect the current wetland boundaries. The plat corrections note these requirements. Staff does not anticipate any impacts to the existing wetlands and watercourse setback areas. The DRC will review a future site plan for conformance with all applicable parkland and residential open space requirements prior to plan approval. The subdivider or other site developer must install future park improvements prior to the occupancy of any building on Lot 1 of Phase 2. 38.41.060.A.17 Neighborhood Center Plan The proposal confoims to the South University District Master Plan. The South University District Master Plan calls out the large central park as the neighborhood center for the entire district. This proposed subdivision will formally dedicate 14.04-acres of land yielding 10.59- acres of improved park. With this subsequent phase of the South University District, the subdivider proposes the installation of a centralized pavilion to serve the public and all residents of the district. The Department of Parks and Recreation will determine the final location of the pavilion prior to building occupancy of Lot 1 of Phase 2. 38.41.060.A.18 Lighting Plan The application includes a street lighting layout plan with fixture cut sheets and a photometric analysis plan in conformance to code requirements. The subdivider proposes LED street lighting along the extension of South 11 h Avenue adjacent to Lot 1 of Phase 2 and at the street intersections and site access on South 14th Avenue and the future street to the south. The City will review the future on-site street lighting layout during the site plan review stage. 38.41.060.A.19 Nfiseellaneous The DRC waived miscellaneous supplemental information. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 33 of 3 8 property. Staff found that the South University District Covenants, Conditions and Restrictions filed with the Gallatin County Clerk and Recorder's Office did not include a written date for expiration. The landowner amended the document to reflect a valid duration period and filed the amended documents with the Clerk and Recorder prior to preliminary plat approval. 38.41.060.A.20 Affordable Housing The DRC waived supplemental information regarding affordable housing. The Affordable Housing provisions in Article 38.43,BMC do not apply to group living housing units at this time. In addition,minor subdivisions do not trigger requirements for the currently voluntary Affordable Housing program. Community Development Staff and the DRC will evaluate Affordable Housing requirements at the time of future site development. Future development will add new housing units to the existing city inventory and will supplement housing needs for students and professionals in the area with close access to Montana State University. I m m a 16469, Findings of Fact and Order—South University District PIO Minor Subdivision Page 34 of 38 SECTION 8-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 to allow the subdivision of one tract of approximately 108 acres into one lot for development, two parks, one restricted development lot and dedicated rights-of-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 South University District Phase 2 Minor Subdivision was considered by the City Commission at a public meeting on January 23, 2017 at which time the Department of Community Development Staff reviewed the project and stated that one public comment had been received prior to the meeting in response to the noticing on the matter of this preliminary plat application. D. Davis Maxwell from Capstone Collegiate Communities presented the project and background information about the applicant and acknowledged agreement with the recommended conditions of approval. E. The project engineer, Cordell Pool from Stahly Engineering and Associates agreed with the Staff suggestion to modify the language in Condition of Approval No. 4. F. The City Commission requested public comment and none was presented. G. The City Commission discussed the merits of the project and added a revision to the conditions of approval prior to voting. H. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given theopportunity 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. I. 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 16469,Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 3 5 of 3 8 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 3 8, BMC. J. 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 FtAPA ,2017 BOZEMAN CITY COMMISSION CARSON TAYLOR Mayor ATTEST: • ROBIN CROUG `. 1��� /. ��• City Clerk JCL' . . • ' ti° APPROVED AS TO FORM: GRE4ALLIVAN City Attorney 16469, Findings of Fact and Order—South University District Ph.2 Minor Subdivision Page 3 6 of 3 8 APPENDIXA —PROJECT SITE ZONING AND GR0WTHPOLICY Zoning Designation and Land Uses: The subject property is zoned REMU. The intent and purpose of the Residential Emphasis Mixed-Use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment,retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 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. Standalone,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 that encourages pedestrian activity and provides ready access within and to adjacent development. APPENDIX B—DETAILED PROJECT DESCRIPTION Project Background and Description The South University District was formally annexed to the City of Bozeman in 2011. The City Commission approved a zoning master plan for the entire district in 2012, which was later 16469, Findings of Fact and Order—Soutli University District Ph.2 Minor Subdivision Page 37 of 3 8 modified on November 11, 2013. The approved master plan remains valid until November 11, 2018. A first minor subdivision created Lot 1 in Phase 1, which was subsequently developed with high-density group living residential housing units,known as Stadium View Apartments. The buildings received certificates of occupancy in fall of 2015. The Commission approved a subsequent minor subdivision to create an additional residential development lot for the second phase of the Stadium View project. Due to the success of the first phases and the increasing demand for housing near Montana State University, a developer and the landowner submitted another subsequent minor subdivision pre-application plan and informal review application for Block 2 of the South University District. The Development Review Committee(DRC)reviewed the applications and provided comment to the developer and landowner on April 6, 2016. The Department of Community Development received an additional zoning application for an informal review on August 10,2016 to gather feedback and advice on site layout and building design for a proposed group living residential development on Block 2. The application proposed 268 dwelling units hosting 887 bedrooms. The DRC provided written comments to the landowner and subdivider on September 26,2016. The landowner, RTR Holdings II,LLC, and the national student housing developer(subdivider), Capstone Collegiate Communities,LLC submitted a subsequent minor subdivision preliminary plat application to the Department of Community Development on November 1, 2016. Staff deemed the application acceptable for initial review on November 9,2016. The application proposes the subdivision of a 108-acre tract of record to create one 16.05-acre lot for residential development, dedicate 3.32-acres of right of way and 14.05-acres of parkland and restrict a 74.87-acre remainder lot to further subdivision review. The DRC reviewed the proposed South University District Phase 2 Minor Subdivision on November 30,2016. The DRC determined the submittal contained detailed, supporting information sufficient to allow for the continued review of the proposed subdivision on November 30, 2016. On December 21,2016, Staff completed this minor subdivision preliminary plat application staff report. Staff forwarded the report 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 January 9, 2017 public hearing. The City Commission continued the public hearing to January 23,2017 at the request of Staff. Staff updated the staff report to include the most recent information related to the project on January 17, 2017. The City Commission i voted 5:0 at its January 23,2017 public meeting to approve the subdivision with the recommended conditions and all applicable code provisions with one modification to a recommended condition. Section 3 of the findings of fact and order reflects the amended condition of approval. This report includes the oral findings made by the Commission and Staff in Sections 7 and 8.The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; or in this case by March 3, 2017. 16469, Finrliitgs of Fact acid Order—Sotitb Uiiii,ersity District Pli.2 Miiior Stibdii,isioii Page 38 of 38 APPENDIX C—NOTICING AND PUBLIC COMMENT In accordance with Chapter 38.40,BMC, Staff scheduled public notice for this application on December 14, 2016 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday,December 18,2016. Staff posted public notice on the subject property on December 16,2016. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 15, 2016. The continuation of the public hearing from January 9 h to January 23,2017 was included on the City Commission agenda of January 9, 2017.No written public comment was received on this application as of the writing of this report. One member of the public offered oral testimony at the January 9, 2017 City Commission meeting during the advertised public comment period. APPENDIX D— OWNER INFORMATIONAND REVIEWING STAFF Owner: RTR Holdings II,LLC, c/o Robert L. Emery, 22 Turtle Rock Court,Tiburon, CA 94920-1300 Subdivider: Capstone Collegiate Communities, LLC,431 Office Park Drive, Birmingham,AL 35223 Representative: Stably Engineering&Associates, 851 Bridger Drive, Suite 1,Bozeman,MT 59715 Report By: Mitch WerBell, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified.No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street,Bozeman, MT 59715.