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HomeMy WebLinkAbout03-20-17 City Commission Packet Materials - C3. Findings of Fact for Glen Lake SubdivisionCommission Memorandum REPORT TO: Mayor & City Commission FROM: Mitch WerBell, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Glen Lake Commerce Subdivision Preliminary Plat Findings of Fact and Order, Application 16533 MEETING DATE: March 20, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Glen Lake Commerce Subdivision Preliminary Plat Application 16533. BACKGROUND: On March 6, 2017, the City Commission reviewed the application for preliminary plat approval for the Glen Lake Commerce Major Subdivision. The Commission voted unanimously 5:0 to approve the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a written statement to the applicant detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachments: Findings of Fact and Order Resolution #16533 Report compiled on: March 7, 2017 54 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Glen Lake Commerce Subdivision Preliminary Plat, Application 16533 Public Hearing Dates: City Planning Board public hearing was held on February 7, 2017 at 7:00 pm in the City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana. Bozeman City Commission public hearing was held on March 6, 2017 at 6:00 pm in the City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana. Project Description: A major subdivision preliminary plat application to subdivide a 5.49-acre parcel into 15 lots for industrial development, one common open space lot, and dedicated right-of-way. Project Location: The property is addressed as 93 Griffin Drive and is legally described as a Lot 1A, Minor Subdivision 154A, located in the SW ¼ of Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. The property is zoned M-1 (Light Manufacturing District). Recommendation: Approval with conditions and code provisions. City Commission 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 16533 and move to approve the Glen Lake Commerce Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Findings of Fact and Order Date: March 20, 2017 Staff Contact: Mitch WerBell, Assistant Planner Agenda Item Type: Consent (Quasi-judicial) 55 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 2 of 30 EXECUTIVE SUMMARY Unresolved Issues The applicant requested two deviations from drive access separation standards as allowed by the Bozeman Municipal Code. The City Engineer granted one of the requested deviations. This report includes related findings on page 18. The project representative stated that the project team is actively working with the Map Brewing landowner to coordinate the alignment of the northern drive access with the adjacent property, which would eliminate the requirement for a deviation or subdivision variance. At the February 7, 2017 Planning Board public hearing, Staff discussed potential revisions to an originally recommended condition pertaining to potential environmental hazard mitigation. Planning Staff worked collaboratively with the City Attorney’s Office and the Engineering Division to modify the recommended conditions and related findings to include some alternative directives. This report includes the recommended conditions of approval, as revised on February 24, 2017, on pages 9-11. Project Summary The Department of Community Development received a preliminary plat application for the subdivision of a 5.49-acre tract of record to create 15 light manufacturing lots, one common open space lot for stormwater, and dedicate 1.046-acres for right-of-way. The applicant did not request any subdivision variances with this application. The City did not receive any written public comment as of the writing of this report. The City Commission voted 5:0 at its March 6, 2017 public meeting to approve the subdivision with the recommended conditions and all applicable code provisions. Advisory Board Recommendations At its January 18, 2017 meeting, the Development Review Committee (DRC) voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. Major subdivisions require review and a recommendation by the Planning Board. State statute requires a public hearing before a City Commission decision. On February 1, 2017, the major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the Planning Board. On February 7, 2017, the City Planning Board voted 9:0 to recommend that the City Commission approve the preliminary plat subject to all conditions and code provisions. One member of the public testified in support of the application at the February 7, 2017 public hearing. Planning Board Resolution #16533 is hereby attached to this report. The governing body must make a final decision on a major subdivision preliminary plat within 60 working days of the date it was deemed adequate; in this case by April 13, 2017. 56 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 3 of 30 Commission Action The Bozeman City Commission held a public meeting on Monday, March 6, 2017 to review the application and hear public testimony. No public comment was received at the March 6, 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. The Commission found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for Application 16533 and unanimously voted to approve the preliminary plat application, with the conditions as outlined in the staff report, 5:0. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 57 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 4 of 30 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Advisory Board Recommendations .................................................................................... 2 Commission Action ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 – CODE PROVISIONS REQUIRING PLAT CORRECTIONS ............................ 12 SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 15 SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 16 SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19 Preliminary Plat Supplements ........................................................................................... 23 SECTION 8 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 27 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 29 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 29 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30 FISCAL EFFECTS ....................................................................................................................... 30 ATTACHMENTS ......................................................................................................................... 30 58 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 5 of 30 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 59 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 6 of 30 Exhibit 3 – Plat 60 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 7 of 30 Exhibit 4 – Utility layout 61 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 8 of 30 Exhibit 5 – Aerial 62 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 9 of 30 Exhibit 6 –Manley Road conditions (looking SE) 63 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 10 of 30 SECTION 2 – REQUESTED VARIANCES The applicant did not request any subdivision 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 applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The 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 record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. The final plat must include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners’ association noted below for the owners’ use and enjoyment: (LIST ITEMS). Unless specifically listed in the Certificate of Dedication, the City accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision platted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE ‘NONE’). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners’ association created by Document Number ______________________(To be filled in when recorded) By: (Subdivider) Date: ____________________________ 4. The property owners’ association declaration of covenants, conditions, and restrictions must address the requirements for street trees (a City of Bozeman planting permit for street trees, and obtaining utility locations) before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at 64 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 11 of 30 least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 5. Concurrent with recording the final plat for the subdivision, the applicant must transfer ownership of all common property and areas to the property owners’ association. 6. The final plat must contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands must be that of the property owners’ association. Maintenance responsibility must include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to other common open space areas. All areas within the subdivision that are designated herein as common open space, including trails, are for the use and enjoyment by the owners of the development and the general public. The property owners’ association is responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails.” 7. If not already filed, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) prior to final plat approval for the following: a. Street improvements to Manley Road including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to East Griffin Drive including paving, curb/gutter, sidewalk, and storm drainage; c. Intersection improvements to the intersection of Manley Road and East Griffin Drive; d. Intersection improvements to the intersection of West Griffin Drive and N. 7th Avenue; e. Intersection improvements to the intersection of East Griffin Drive and Bridger Drive; f. Railroad crossing improvements on East Griffin Drive. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. This must be provided prior to final plat approval. 8. On-site wells that are not in use must be properly abandoned prior to final plat approval. 9. The property owners’ association documents must include full copies of the Phase I and Phase II Environmental Site Assessments conducted for this property. 10. The declaration of covenants, conditions, and restrictions must contain provisions referencing the identified and potential environmental hazards on the property. Said covenants must run with the land, bind all holders, owners, lessees, occupiers, and purchasers of the property, and must be included in all deeds, leases, and other instruments of conveyance of the 65 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 12 of 30 property. No modifications to the covenants are allowed without prior written consent of the City. 11. The final plat must contain a note on the face of the plat advising current and future property owners of the identified and potential environmental hazards on the property. Said plat note must reference the Environmental Site Assessments by project number and the associated declaration of covenants conditions, and restrictions. 12. Prior to any disturbance of subsurface strata and soils, the applicant must contact the Montana Department of Environmental Quality and obtain a formal determination of whether a remedial investigation work plan or institutional control is required for the existing contaminated surface soil. If the Montana Department of Environmental Quality requires a remedial investigation work plan or institutional control consistent with Montana environmental statutes and regulations for the existing contaminated surface soil, said work plan and/or institutional control must be submitted to the City with assurance of appropriate financing to secure any required remediation prior to construction and final plat approval. Thereafter, any on-site contamination must be managed in accordance with any required work plan and/or institutional control consistent with Montana environmental statutes and regulations. 13. The declaration of covenants, conditions, and restrictions must list the City and the Montana Department of Environmental Quality as intended beneficiaries, entitled to enforce the covenants related to identified and potential environmental hazards and remediation on the property. 14. The applicant must submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire final plat submittal. This narrative must sufficiently direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. SECTION 4 – CODE PROVISIONS REQUIRING PLAT CORRECTIONS A. Section 38.06.070, requires the city commission or their designated agent to certify approval of the plat of the subdivision. The applicant must eliminate the certificate of governing body from the final plat. B. Section 38.06.020, requires that all plats of subdivisions must contain a certificate of dedication or certificate of consent. The certificate of dedication on the final plat must include the specific names of the streets dedicated to the public for which the City accepts responsibility. C. Section 38.23.060, requires the provision of public and/or private easements for private and public utilities, drainage, vehicular or pedestrian access, etc. The final plat must provide all necessary utility easements, which must be described, dimensioned and shown on the final plat in their true and correct location. 66 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 13 of 30 D. Sections 38.27.020.B and 38.27.020.C, discuss exemptions to required park land dedication requirements and future requirements upon further development. The applicant must add a note to the conditions of approval sheet that states, “No park land dedicated with this subdivision. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption.” Any future residential use will require the transfer of park land or cash in-lieu. E. Section 38.27.090, requires the filing of a waiver of right to protest the creation of a park maintenance district with final subdivision plats when appropriate. Unless already filed, the applicant must sign and file a waiver of right to protest the creation of a park maintenance district at the Gallatin County Clerk and Recorder’s Office with the final plat. F. Sections 38.38.020 and 38.38.030, discuss the requirements for supplementary documents including property owners’ association documents and covenants. The applicant must provide the necessary declarations and recitals to facilitate the property owners’ association declaration of covenants, conditions, and restrictions. Any cost sharing agreements for maintenance must be included with the final plat. The final plat and property owners’ association (POA) declaration of covenants, conditions, and restrictions must not include any reference to “dedicated” open space. The POA must own and maintain the stormwater lot. The plat and POA documents must specifically designate Lot 9, Block 2 as common open space owned and maintained by the POA. The property owners’ association declaration of covenants, conditions, and restrictions must incorporate the stormwater maintenance plan, to inform the property owners of maintenance responsibilities associated with the stormwater detention pond on the common open space lot for the subdivision. Additionally, the applicant is encouraged to include the City Stormwater Division guidance document for maintenance of stormwater ponds in the POA documents. G. Section 38.23.180, states that the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. Cash in-lieu of water rights must be paid prior to final plat approval. H. 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, allows an exception to the LOS standard if: 1. Granting a waiver would not be contrary to the public health and safety and is in the public interest; As the intersection level of service operates at a LOS “D” in the AM peak-hour condition primarily due to left turn traffic from Manley onto Griffin and traffic generated by this project will impact the intersection LOS primarily in the PM 67 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 14 of 30 peak hour condition as traffic leaves the project, the public health and safety are protected. 2. Improvements to the intersection LOS are within the next three years of the City’s capital improvement plan (CIP); The CIP lists this intersection for construction of improvements within three years. 3. All right-of-way necessary for the intersection improvements are obtained; The applicant must verify all right of way is in public control prior to approval of a waiver. 4. The Commission has approved a financing plan; The financing is provided through the City’s Impact Fee Program and the applicant must verify if a local share is required for this intersection other than what is planned in the City’s Arterial and Collector District Fund. I. Section 38.23.030.A states, the developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The applicant must provide detention volume in the proposed detention pond to accommodate runoff from the portion of Manley Road that can drain to the pond, which will be one half of Manley Road south of the pond. Upon construction of curb and gutter, Manley Road will no longer drain to borrow ditches. J. 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. Manley Road must be constructed to a full collector street standard where adjacent to the project prior to final plat approval. As an alternative, the applicant has been working with City Engineering staff to implement a special improvements district (SID) for Manley Road from the intersection of Manley and Griffin to the northern City Boundary on Manley. The SID must be approved by the City Commission and financing secured for the improvements to Manley Road prior to final plat approval. A mid-block pedestrian crossing of Manley Road with appropriate warning signals at the northern local street intersection and Manley Road must be constructed. The mid- 68 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 15 of 30 block pedestrian crossing may be included in the SID project for Manley Road, if approved. K. Section 38.24.110.B.1.a, states developers shall install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways shall be ADA accessible, and include the following types of facilities: Sidewalks. City standard sidewalks must be constructed where Manley Road is adjacent to the project as well as both sides of the local street through the project. The sidewalk adjacent to Manley Road may be included in the SID, if approved. L. Section 38.24.090.D.3, lists access separation standards: These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses. The proposed local street does not meet the access separation standards where it intersects with Manley Road at two locations. The applicant applied for an access deviation per BMC 38.24.090.H.3. That access deviation request is granted for the southern intersection, but the deviation is not granted for the northern intersection. The northern intersection must be aligned with the Map Brewing Company access across Manley Road. Additionally, the City prefers the southern intersection to be aligned with the Mergenthaler access across Manley Road if possible, but that is not a requirement. SECTION 5 – DRC ADVISORY COMMENTS I. All notes, restrictions and conditions of approval must be relocated from the plat and transferred to the final plat conditions of approval sheet. II. The certificate of completion must be properly updated prior to final plat approval to list all completed and accepted improvements and financially guaranteed improvements. III. The applicant 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 applicant and provided prior to final plat approval. IV. 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 applicant shall also provide professional engineering services for 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. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.B of the Bozeman Municipal Code are met. 69 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 16 of 30 V. 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 Dedication: a. All water mains; b. All sanitary sewer mains; c. The local street through the project and associated drainage improvements within the right-of-way; and d. Improvements to Manley Road. SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS Project Name: Glen Lake Commerce Subdivision Preliminary Plat File: 16533 Development Review Committee The Development Review Committee (DRC) reviewed the proposed minor subdivision preliminary plat application on January 18, 2017. The DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. As a result, the DRC found that the application, with the recommended conditions of approval, complies with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. Planning Board The Planning Board conducted a public hearing on the related subdivision on February 7, 2017 and made a recommendation to the City Commission. The Planning Board voted 9:0 to recommend that the City Commission approve the preliminary plat subject to conditions and code provisions. City Commission The Bozeman City Commission held a public meeting on Monday, March 6, 2017 to review the application and hear public testimony. No public comment was received at the March 6, 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. The Commission found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for Application 16533 and unanimously voted to approve the preliminary plat application, with the conditions as outlined in the staff report, 5:0. SECTION 7 – STAFF ANALYSIS 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 70 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 17 of 30 review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat 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 the Platting Act, 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). This report includes several code provisions requiring corrections before final plat approval. The applicant 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. After the required corrections are provided the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act Staff properly noticed the City Planning Board and Bozeman City Commission public hearings. Based on the recommendations of the Development Review Committee (DRC) and the Planning Board, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. The Department of Community Development received a preliminary plat application on December 21, 2016. Staff deemed the application acceptable for initial review in writing on December 29, 2016. The DRC reviewed the preliminary plat application on January 18, 2017 and determined the submittal contained detailed, supporting information that allowed for the continued review of the proposed subdivision. 71 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 18 of 30 Staff scheduled public notice for this application on January 19, 2017 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, January 22, 2017. Staff posted public notice on the subject property on January 23, 2017. 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 January 23, 2017. The City did not receive any public comment on this application as of the writing of this report. On February 1, 2017, Staff completed and forwarded the staff report for this major subdivision preliminary plat application with a recommendation of conditional approval for consideration by the Planning Board at its February 7, 2017 public meeting. The Planning Board made a formal recommendation that the City Commission approve the subdivision. Pursuant to Section 38.03.040.A.5.a(4), the City Commission must approve, conditionally approve or deny the subdivision application by April 13, 2017, unless there is a written extension from the developer, not to exceed one year. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations. The application after identified code corrections and conditions complies with the Unified Development Code and all other relevant regulations. This report includes Conditions of Approval and code provisions 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 Subdivision Review Criteria No. 2 above, and required by Section 38.23.060.A, the final plat and application materials must depict and address all easements, existing and proposed. The preliminary plat shows 10-foot wide utility easements along the street frontage of all lots. 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 have frontage to public streets with lot frontage meeting minimum standards shown on the preliminary plat. The plat notes a no access strip along all lots fronting Manley Road to reduce any risk of pedestrian and vehicular conflict along the curve of this collector street. The proposed local street will provide legal and physical access for all parcels. 72 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 19 of 30 Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not significantly affect agriculture. The growth policy designates the subject property as an industrial area and the property’s M-1 zoning allows for a broad range of development. No agricultural uses remain in the immediate vicinity. The application materials note that agricultural activity has not occurred on this parcel for at least the last 40 years. 2) The effect on Agricultural water user facilities This subdivision will not affect agricultural water user facilities. The growth policy and zoning designate this property for industrial development. No agricultural water user facilities exist on the property. 3) The effect on Local services Water/Sewer – This subdivision will not significantly affect sanitary sewer or water infrastructure. Municipal water and sewer mains exist in the Manley Road right-of-way. The existing downstream sanitary sewer mains and wastewater treatment facility have adequate capacity to serve the subdivision. The applicant proposes installing a new sanitary sewer main with stubs to serve each individual lot through the subdivision. The new sewer line will connect to the trunk main to the north. The applicant plans to install a new water main with stubs to serve each individual lot through the subdivision. The new water line will connect to the existing 10- inch main near the northern and eastern intersections with Manley Road. The Engineering Division will review the final infrastructure design prior to final plat approval. Streets – The proposed major subdivision will include an internal public street with two intersections along Manley Road. The local street does not meet the access separation standards where it intersects with Manley Road at two locations. The applicant requested two deviations from access separation standards. Section 38.24.090.H allows modifications from access standards at the discretion of the City Engineer when a more efficient design can be accomplished without jeopardizing the public’s health, safety, and welfare. The City Engineer granted the deviation request for the southern access along Manley Road but not for the northern access. Map Brewing Company generates significant vehicular, bicycle and pedestrian trips during operating hours. Code Provision L requires the applicant to align the northern drive access with the Map Brewing drive access prior to final plat approval. A coordinated alignment will reduce the potential for vehicular conflicts from peak hour left turning movements and will allow for a proper mid block pedestrian crossing with the improvements to Manley Road. The adopted transportation plan designates Manley Road as a collector street. Collector streets provide a link between the arterial network and local streets. Collector streets both move traffic efficiently and allow for on-street parking in some situations to serve neighboring residential, commercial, and industrial areas. Manley Road currently does not meet the urban collector standards for on-street parking, curb and gutter, and boulevard sections. As the northeast quadrant of the City continues to develop, the Department of Public Works requires correction of 73 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 20 of 30 existing deficiencies to support additional demands. Upgrading Manley Road to a full collector standard will improve safety for pedestrians and drivers and add needed on-street parking, sidewalks, lighting, boulevards, and stormwater control. The development code requires construction of perimeter streets to the most current standards adjacent to a project prior to final approval. The applicant and the Department of Public Works are designing a potential Special Improvement District (SID) for improvements to Manley Road from Griffin Drive to the northern City limits. The City Commission must adopt a resolution of intent to create the SID and the SID must be properly approved with sufficient financing prior to final plat approval. Creation of the Manley Road SID will satisfy Code Provision J. If the creation of the SID fails, Manley Road must be constructed in accordance with the collector street standard adjacent to the subdivision boundaries prior to final plat approval. Construction of Manley Road in its entirety as a single phase will reduce costs and the potential for delays if construction mobilization occurs in multiple phases. The City’s recent transportation master planning document identified the intersection of Manley Road and Griffin Drive within one half-mile of the proposed subdivision as operating at a level of service (LOS) less than “C.” The intersection operates at a LOS “D” in the AM peak-hour condition primarily due to left turn traffic from Manley Road onto Griffin Drive. Traffic generated by this project will impact the intersection LOS primarily in the PM peak hour condition as traffic leaves the project. The public health and safety are protected. The Capital Improvements Plan identifies project SIF 110 as the construction of intersection improvements in Fiscal Year 2019. This project will add capacity to the intersection. Street Impact Fee and Arterial & Collector District funds will provide financing for the intersection improvements. The Arterial & Collector District provides the local share for capacity expanding infrastructure projects. The applicant will work with the Public Works Department to determine if a separate local share is required for this project. Code Provision H addresses the requirements for an intersection level of service waiver approval prior to final plat approval. Police/Fire – This subdivision will not significantly affect Police and Fire services. The City’s Police and Fire emergency response area includes the subject property. The applicant will obtain preliminary addresses for the new lots from the City Engineer’s Office to facilitate emergency response to the site once the final plat is filed. Stormwater – This subdivision will not significantly affect stormwater infrastructure. The applicant proposes a detention basin located on the common open space lot at the northwest corner of the subdivision. The detention pond will hold surface runoff captured by the curb inlets and stormwater mains. The applicant will construct the stormwater infrastructure and detention basin according to the City Design Standards and Specifications Policy. The detention facility will capture surface runoff from Manley Road once sized appropriately. 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 code provisions note this requirement. 74 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 21 of 30 Parkland – This subdivision will not significantly affect parkland. Section 38.27.020.B provides that land dedication or cash donation in-lieu may be exempted for certain subdivisions. Subdivision of land into parcels which are all nonresidential does not require parkland dedication. The proposed subdivision is zoned industrial and is therefore entirely nonresidential at this time. Subsection C of the above-referenced section requires park dedication if further development of the site does not continue to meet the criteria for exemption. Any future development of the proposed subdivision with accessory residential uses requires park dedication or cash or improvements in-lieu. The DRC advised the applicant accordingly. The City may recommend improvements in-lieu based on the close proximity to the East Gallatin Recreation Area. Code Provision D requires a note on the conditions of approval sheet of the final plat that states “No park land dedicated with this subdivision” to put future property owners on notice that park land may be required. Improvements to Manley Road in association with this subdivision will improve access to the East Gallatin Recreation Area. 4) The effect on the Natural environment This subdivision will not significantly affect the natural environment. No significant physical or topographical features (e.g., outcroppings, geological formations, steep slopes) were identified on the subject property. The Code also requires the applicant 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 applicant must obtain any required permits and provide them to the Engineering Division prior to any construction of the infrastructure. 5) The effect on Wildlife and wildlife habitat This subdivision will not significantly affect wildlife and wildlife habitat. The property falls within an area planned for industrial development. Prior uses heavily disturbed the site. No significant habitat exists for fish or large wildlife. The applicant contacted the Montana Department of Fish, Wildlife, and Parks about the proposed subdivision but did not receive a response. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, this subdivision will not significantly affect 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 Development Review Committee reviewed the major subdivision preliminary plat and determined that, with conditions, it complies with the title. This staff report notes all other conditions deemed necessary to ensure compliance. The applicant submitted Phase I and Phase II Environmental Site Assessments (ESA) for the subject property. The applicant’s consultant, Terracon, identified an existing environmental condition in the Phase II assessment completed on April 28, 2016. The report indicates this 75 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 22 of 30 property is subject to potential hazard from contaminates found in the surface soil, including petroleum constituents. The results of the ESA “do not require regulatory notification.” See page 4 of the Phase II ESA. The ESA suggests that the property was previously used for the temporary storage of sand and gravel and several soil and gravel piles were located on-site. One pile included weathered asphalt. The applicant’s consultant took soil samples from several of these locations and submitted the samples for laboratory analysis. The results showed petroleum constituents in the soil. The City’s Engineering Division expressed concern over what is not included in the assessments. The subject property is located adjacent to a heavily used railroad line in an industrial area. Additional dumping may have occurred on the property that was not identified in the assessments. In addition, the applicant’s consultant did not drill and sample soils and groundwater below the surface with the Phase II assessment. The study found that the risk on contamination is low but precautionary measures should occur in the future. The applicant’s consultant incorporated the following recommendations in the ESA: 1) The soil & gravel piles are not suitable for future use at the site; 2) Future work involving the disturbance of soil piles should require notice for workers; and 3) Periodic review should occur for regulatory status and results of groundwater monitoring at Exxon facility to the south. Implementing the recommendations of the applicant’s consultant will help protect public health and safety. While the location and extent of environmental contamination of the property have not been fully assessed, the steps required in order to do so are included as recommended Condition of Approval No. 12. The Montana Department of Environmental Quality’s (DEQ) website states that DEQ “is charged with protecting a clean and healthy environment as guaranteed to our citizens by our State Constitution. Our ultimate goal to protect public health and to maintain Montana's high quality of life for current and future generations.” The recommended conditions related to remedial investigation work plans and other appropriate institutional controls are consistent with the DEQ goals and the regulations of Chapter 38 of the Bozeman Municipal Code. Recommended conditions of approval 9, 10, 11, and 13 require advisory notice for the identified and unknown environmental hazards on the property through the property owners’ association documents and on the face of the plat. The applicant routed application materials and received non-significant comments from the following agencies and utility providers: Department of Environmental Quality, Army Corps of Engineers, Department of Natural Resources and Conservation, State Historic Preservation Office, Charter Communications and NorthWestern Energy. The Gallatin Conservation District and Fish, Wildlife, and Parks did not provide comments. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed major subdivision. 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 76 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 23 of 30 of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on December 16, 2015. With the pre-application plan review application, the applicant 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: 14) educational facilities; 15) land use; 16) parks and recreation facilities; 17) neighborhood center; and 20) affordable housing. The DRC did not grant waivers for: 1) surface water; 2) floodplains; 3) groundwater; 4) geology- soils-slopes; 5) vegetation; 6) wildlife; 7) historical features; 8) agriculture ; 9) agricultural water user facilities; 10) water and sewer; 11) stormwater management; 12) streets, roads and alleys; 13) utilities; 18) lighting plan; and 19) miscellaneous. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water No surface water features exist on the property. The City and the Montana Department of Environmental Quality require preparation and approval of a Stormwater Pollution Prevention Plan (SWPPP) prior to any infrastructure construction on the property. 38.41.060.A.2 Floodplains No mapped 100-year floodplains affect the subject property as depicted in the current Flood Insurance Rate Map No. 30031C0808D. 38.41.060.A.3 Groundwater Several piezometers identified groundwater on the property at a minimum of 9-feet below ground surface. Periods of high groundwater will not impact future development due to the average depth. Wells exist on-site. The existing wells that are not in use must be properly abandoned prior to final plat. The municipal water distribution system will serve the subdivision. Condition of Approval No. 7 relates to this matter. 38.41.060.A.4 Geology, Soils and Slopes No unusual geology, soils or slopes exist on the subject property. The underlying geology and soils will not limit infrastructure construction and future development in the subdivision. The property gradually slopes down to the northwest. Based on the existing topography, Staff does not anticipate any significant cuts and fills to accommodate future development. 77 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 24 of 30 38.41.060.A.5 Vegetation The vacant property does not contain any trees, shrubs, wetlands, or critical plant communities. Grasses cover the property. The applicant provided an approved Noxious Weed Management Plan to provide mitigation measures for noxious weeds existing on the property. 38.41.060.A.6 Wildlife The property falls within an area planned for industrial 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. No significant habitat exists for fish or large wildlife. The applicant contacted the Montana Department of Fish, Wildlife, and Parks about the proposed subdivision but did not receive a response. 38.41.060.A.7 Historical Features The applicant contacted the State Historic Preservation Office (SHPO) and received written comments prior to submitting this application. As no structures exist on the property, this subdivision will not impact any cultural properties. The SHPO advised the applicant to contact the office if any cultural materials are discovered during the physical construction. 38.41.060.A.8 Agriculture The Bozeman Community Plan and municipal zoning designate the subject property for industrial development. Agricultural uses existed on the property but ceased approximately 40- years ago. The property is currently vacant. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities exist on or adjacent to the property. 38.41.060.A.10 Water and Sewer This application proposes new municipal water and sanitary sewer mains with individual stubs for each developable lot. The new facilities will connect with the existing municipal water and sewer mains in the Manley Road right-of-way. The existing downstream sanitary sewer mains and wastewater treatment facility have adequate capacity to serve the subdivision. The new municipal water facilities will include three new fire hydrants at the appropriate spacing at both intersections and along the internal local street. The Engineering Division will analyze the final municipal water and sanitary sewer layout and design during the infrastructure review stage prior to construction and final plat. 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 City must receive the associated cash in-lieu of water rights payment prior to final plat approval. 38.41.060.A.11 Stormwater Management The applicant proposes a detention basin located on the common open space lot at the northwest corner of the subdivision. The detention pond will hold surface runoff captured by the curb inlets 78 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 25 of 30 and stormwater mains. The applicant will construct the stormwater infrastructure and detention basin according to the City Design Standards and Specifications Policy. The property owners’ association will own and maintain the common open space lot and stormwater facility in accordance with the Bozeman Municipal Code. Recommended Condition of Approval No. 5 and Code Provisions H address this matter. The Engineering Division will analyze layout and design of the storm sewer system during the infrastructure review phase prior to construction and final plat. Code Provision I requires the applicant to provide adequate capacity in the detention basin. 38.41.060.A.12 Streets, Roads and Alleys This subdivision requires the expansion of the municipal street and sidewalk network to provide legal and physical access to all parcels. This report includes findings for the MCA Section 76-3- 608 Primary Subdivision Review Criteria on the effect of this subdivision on local services. The proposed major subdivision will include an internal public street with two intersections along Manley Road. The City Engineer granted one deviation request for the southern access along Manley Road but did not grant an access spacing deviation for the northern access. Code Provision L requires the applicant to align the northern drive access with the Map Brewing Company drive access prior to final plat. Creation of the Manley Road SID will satisfy Code Provision J. If the creation of the SID fails, Manley Road must be constructed in accordance with the collector street standard adjacent to the subdivision boundaries prior to final plat approval. Code Provision H addresses the requirements for an intersection level of service waiver, which must be approved by the Director of Public Works prior to final plat. 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 The plat indicates a 10-foot wide utility easement along all street frontages. As required by Code Provision C, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. With the 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. The code limits subsequent floor accessory residential uses in industrial zoning districts to no more than 50% of the gross floor area. Mixed-use and live-work buildings provide housing units primarily for residents involved in the daily operations of the primary industrial use. Staff does not expect significant numbers of school age children living in any future buildings on the subject property. 38.41.060.A.15 Land Use The DRC did not identify any significant impacts to land use and waived supplemental information. The proposed 15 industrial lots comply with the existing zoning designation of M-1, 79 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 26 of 30 (Light Manufacturing District) and the underlying future land use designation in the growth policy. 38.41.060.A.16 Parks and Recreation Facilities The DRC did not identify any significant impacts to parks and recreation facilities and waived supplemental information. Section 38.27.020.B provides that land dedication or cash donation in-lieu may be exempted for subdivisions that are all nonresidential. The proposed subdivision is zoned industrial and is therefore entirely nonresidential at this time. Subsection C of the above- referenced section requires park dedication if further development of the site does not continue to meet the criteria for exemption. Any future development of the proposed subdivision with accessory residential uses requires park dedication or cash or improvements in-lieu. Code Provision D requires a note on the conditions of approval sheet of the final plat that states “No park land dedicated with this subdivision” to put future property owners on notice that park land may be required. 38.41.060.A.17 Neighborhood Center Plan The DRC waived supplemental information regarding a neighborhood center plan. Pursuant to Section 38.23.020.A, BMC, only residential developments that are ten net acres in size or greater, shall have a neighborhood center. 38.41.060.A.18 Lighting Plan Section 38.23.150.B, requires street lighting for this subdivision. The application includes a street lighting layout plan with fixture cut sheets and a photometric analysis plan in conformance with code requirements. The applicant proposes LED street lights at both street intersections. 38.41.060.A.19 Miscellaneous The subdivision will improve access to public lands as Manley Road is upgraded to include pedestrian facilities and there are no identified hazards in proximity to the subject property. The Environmental Site Assessment indicated a minor risk of soil contamination on-site. Recommended Condition of Approval No. 8 requires the applicant to coordinate with the City Attorney to properly indemnify the City from any environmental related impact on the subject property. 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 industrial subdivisions. 80 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 27 of 30 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 5.49-acres into fifteen lots for development, one common open space 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 Glen Lake Commerce Subdivision was considered by the City Commission at a public meeting on March 6, 2017 at which time the Department of Community Development Staff reviewed the project and stated that one member of the public testified in support of the application at the February 7, 2017 Planning Board public hearing in response to the noticing on the matter of this preliminary plat application. D. Todd Mitchell from TM Designs presented the project and background information and acknowledged agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on March 6, 2017 and none was presented. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. 81 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 28 of 30 H. 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 two (2) years 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 _____________________, 2017 BOZEMAN CITY COMMISSION _________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 82 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 29 of 30 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned M-1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Industrial.” The “Industrial” designation provides for areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description The Development Review Committee (DRC) reviewed the pre-application plan for the Glen Lake Commerce Subdivision and provided written comments to the applicant on December 21, 2015. The applicant and landowner, Glen Lake Holdings, LLC, and project representative, TM Designs submitted this major subdivision preliminary plat application to the Department of Community Development on December 21, 2016. Staff deemed the application acceptable for initial review on December 29, 2016. The application proposes the subdivision of a 5.49-acre tract of record to create 15 light manufacturing lots, one common open space lot for stormwater, and dedicate 1.046-acres of right-of-way. Major subdivisions require review and a recommendation by the Planning Board. State statute requires a public hearing before a City Commission decision. At its January 18, 2017 meeting, the Development Review Committee (DRC) voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. 83 16533, Finding of Fact and Order – Glen Lake Commerce Subdivision Preliminary Plat Page 30 of 30 The City Planning Board voted 9:0 to recommend the City Commission approve the subdivision on February 7, 2017. One member of the public testified in support of the subdivision at the February 7, 2017 public hearing. The applicant did not request any subdivision variances with this application. The City did not receive any written public comment as of the writing of this report. The City Commission voted 5:0 at its March 6, 2017 public meeting to approve the subdivision with the recommended conditions and all applicable code provisions. The final decision for a major subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by April 13, 2017. APPENDIX C – NOTICING AND PUBLIC COMMENT In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on January 19, 2017 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, January 22, 2017. Staff posted public notice on the subject property on January 23, 2017. 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 January 23, 2017. The City did not receive any written public comment on this application as of the writing of this report. One member of the public testified in support of the subdivision at the February 7, 2017 Planning Board public hearing. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Glen Lake Holdings, LLC, c/o Dan Alexander, 145 Jeana Lei Court, Bozeman, MT 59715 Applicant: Glen Lake Holdings, LLC, c/o Dan Alexander, 145 Jeana Lei Court, Bozeman, MT 59715 Representative: TM Designs, c/o Todd S. Mitchell. P.E., 31 Saler Street, Belgrade, MT 59714 Report By: Mitch L. WerBell, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified. This subdivision will not change any presently budgeted funds. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Planning Board Resolution 16533 84 85 86