HomeMy WebLinkAbout07-24-17 City Commission Packet Materials - C4. HRDC Beall Street Sub Findings of Fact and OrderCommission Memorandum
REPORT TO: Mayor & City Commission FROM: Mitch WerBell, Associate Planner
Martin Matsen, Director of Community Development
SUBJECT: HRDC’s Beall Street Minor Subdivision Preliminary Plat Findings of Fact and Order, Application 17246
MEETING DATE: July 24, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for HRDC’s Beall
Street Minor Subdivision Preliminary Plat, Application 17246.
BACKGROUND: On July 10, 2017, the Bozeman City Commission reviewed the application for preliminary plat approval for HRDC’s Beall Street Minor Subdivision. The Commission voted 4:1 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 Report compiled on: July 12, 2017
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Return to:
City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for HRDC’s Beall
Street Minor Subdivision Preliminary Plat, Application 17246
Public Hearing Date: Bozeman City Commission public hearing held on July 10, 2017 at 6:00
pm in the City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana.
Project Description: A preliminary plat application proposing a subsequent minor subdivision
of an existing 0.127-acre tract of record to create two lots located at 214 North 24th
Avenue. The application includes requests for incentives and reductions allowed through
the provisions of the Unified Development Code Article 43, Affordable Housing.
Project Location: The subject property is located at the intersection of North 24th Avenue and
West Beall Street and is legally described as Lot 9, Block 3, West Babcock Subdivision,
situated in the NE ¼ Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana. The property is zoned R-3 (Residential Medium Density 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 17246 and move to approve HRDC’s Beall Street Minor
Subdivision Preliminary Plat with conditions and subject to all applicable code
provisions.”
Findings of Fact and Order Date: July 24, 2017
Staff Contact: Mitch WerBell, Associate Planner
Agenda Item Type: Consent (Quasi-Judicial)
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EXECUTIVE SUMMARY
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on May 17, 2017, requesting a subsequent minor subdivision from a 0.127-acre tract
of record to create two lots for affordable housing development. At its June 14, 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. The subdivider did
not request any subdivision or zoning variances with this application. State law requires a public
hearing before a City Commission decision.
The City Commission approved this preliminary plat and the Director of Community
Development must approve the accompanying affordable housing plan prior to final plat
approval, as this subdivision relies upon affordable housing relaxations to lot area and width. The
recommended conditions of approval establish requirements for recordation of the affordable
housing plan. The final decision for a subsequent minor subdivision preliminary plat was made
within 60 working days of the date it was deemed adequate.
Commission Action
The Bozeman City Commission held a public meeting on Monday, July 10, 2017 to review the
application and hear public testimony. Members of the public offered oral testimony for and
against the minor subdivision with the majority advocating against approval. 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 17246
and unanimously voted to approve the preliminary plat application, with the conditions as
outlined in the staff report, 4:1. The dissenting vote was cast based on oral findings related to
neighborhood character and potential adverse impacts from future lot development based on
adjustments of lot orientation to accommodate building setbacks.
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Project Summary ................................................................................................................. 2
Commission Action ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 –MAPS AND EXHIBITS .......................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 – CONDITIONS OF APPROVAL ............................................................................ 8
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8
SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 10
SECTION 6 – RECOMMENDATION AND ACTIONS ............................................................ 10
SECTION 7 – ANALYSIS and findings ...................................................................................... 11
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13
Preliminary Plat Supplements ........................................................................................... 15
SECTION 8 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 18
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 21
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 21
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 22
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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SECTION 1 –MAPS AND EXHIBITS
Exhibit 1 – Zoning
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Exhibit 2 – Plat
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Exhibit 3 – Concept plan
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Exhibit 4 – Aerial view
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
The subdivider requested relaxations for minimum lot area and lot width in accordance with the
Article 43, Affordable Housing provisions. Additionally, the subdivider applied for several
incentives available through Article 43. These incentives include concurrent construction of
housing and infrastructure, expedited building permit review, impact fee subsidy, and down
payment assistance. The impact fee subsidy and down payment assistance may only be granted
for the future unit proposed for sale as a lower-priced home, based on 70% Area Median Income
(AMI). The Community Affordable Housing Advisory Board (CAHAB) recommended approval
of the financial incentive requests on June 14, 2017. This final plat may still be filed in the event
the City Commission does not appropriate Affordable Housing funds through a budget
amendment. The financial incentive requests and review are separate from the subdivision plat
review.
SECTION 3 – 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.
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 deviation 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 affordable housing plan obligating the subdivider to meet the requirements of Article 43 of the Unified Development Code must be approved by the Director of Community
Development prior to final plat approval and recorded with the Gallatin County Clerk and Recorder’s Office.
4. The affordable housing plan and document number must be referenced on the final plat conditions of approval sheet.
5. The final plat must provide a notation and description to eliminate the existing West
Babcock Subdivision plat note that restricts access to West Beall Street from Lot 9, Block 3. The final plat notation must reference West Babcock Subdivision Plat J-189 and document number 29068.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. Section 38.030.060.A provides the final plat submittal requirements.
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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.
B. Section 38.06.020, requires signature blocks under all plat certificates.
The final plat must include a signature block under the Certificate of Consent.
C. Section 38.08.040, sets minimum lot area and minimum lot width in residential zoning districts, with allowable reductions for lots conforming to Article 43, Affordable
Housing.
The application requests reductions for minimum lot area and width pursuant to the
provisions of this section. Accordingly, the affordable housing plan must be approved to
grant these reductions as part of the allowable affordable housing incentives. The
affordable housing plan must be approved prior to final plat approval.
The applicant is advised that if the affordable housing plan is not approved, the final plat
may not be approved.
D. 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.
The final plat must reference the recorded document used to vacate the existing 10-foot
side lot utility easement. That document does not specifically release interest in the
existing rear yard (east) easement. The subdivider must provide written confirmation
from all utility companies to the Planning Division that the rear yard easement is not
necessary prior to final plat approval.
E. 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 conditions of approval sheet must include an updated parkland tracking table for the
West Babcock Subdivision.
F. Section 38.27.080.A, requires subdividers to improve parks to minimum standards in accordance with the citywide park plan and any approved park master plan prior to final plat.
The subdivider must confirm that the required park improvements are installed for the
West Babcock Subdivision prior to final plat.
G. Section 38.39.030.B.1, states that all subdivision improvements, including parks, shall
be constructed and completed as approved by the city.
The water and sewer services to Lot 9B must be constructed or financially guaranteed
prior to final plat approval.
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H. Section 38.43.100.a, requires affordable housing plans to be incorporated by reference
in the recorded subdivision plat, when approved by the city.
The affordable housing plan must be referenced on conditions of approval sheet of the
final plat.
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. One large canopy street tree is required in the boulevard for each 50-feet of total street frontage. A City of Bozeman planting permit for street trees and utility location is required before any excavation begins in the City of Bozeman right-of-way. The planting hole must be
at 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.
SECTION 6 – RECOMMENDATION AND ACTIONS
Project Name: HRDC’s Beall Street Minor Subdivision Preliminary Plat
File: 17246
Development Review Committee
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application on June 14, 2017 and 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 and required plat corrections, will comply with the adopted growth policy, the
Montana Subdivision and Platting Act, and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record but does not
require Planning Board review. The City Commission held a public hearing and made a decision
on the minor subdivision preliminary plat on July 10, 2017. The meeting began at 6 p.m. at 121
N. Rouse Avenue.
Director of Community Development
Having reviewed the application against the criteria established for a minor subdivision, Staff
recommended conditional approval as submitted.
City Commission
The Bozeman City Commission held a public meeting on Monday, July 10, 2017 to review the
application and hear public testimony. Members of the public offered oral testimony for and
against the minor subdivision with the majority advocating against approval. 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
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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 17246
and unanimously voted to approve the preliminary plat application, with the conditions as
outlined in the staff report, 4:1. The dissenting vote was cast based on oral findings related to
neighborhood character and potential adverse impacts from future lot development based on lot
orientation to accommodate building setbacks.
SECTION 7 – 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
review period. Collectively this information is the record of the review. The analysis in this
report 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
A Professional Engineer registered in the State of Montana prepared the preliminary plat in
accordance with the surveying and monumentation requirements of the Montana Subdivision and
Platting Act. As noted in recommended Condition of Approval No. 2, the final plat must comply
with the Montana Subdivision and Platting Act, the Administrative Rules of Montana, and the
Bozeman Municipal Code. Required minor plat corrections include moving all conditions and
notes to the conditions of approval sheet of the final plat and providing a signature block under
the certificate of consent.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
regulatory standards. The final plat must comply with the standards identified and referenced in
the Unified Development Code (UDC). Recommended Condition of Approval No. 1 advises the
subdivider 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. The proposed lot layout relies upon relaxations offered
for compliance with Article 43 of the Bozeman Municipal Code. Staff recommends Conditions
of Approval No. 3 and No. 4 to require approval and documentation of an affordable housing
plan, which will be a binding agreement. Therefore, upon satisfaction of all conditions and code
corrections the subdivision will comply with the local subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
Staff properly noticed the Bozeman City Commission public hearing 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 public testimony received on
the matter, the City Commission made the final decision on the subdivider’s request.
The Department of Community Development received a preliminary plat application on May 17,
2017. Staff deemed the application acceptable for initial review in writing on May 24, 2017. The
DRC reviewed the preliminary plat application on June 14, 2017 and determined the submittal
contained detailed, supporting information that is sufficient to allow for the continued review of
the proposed subdivision.
Staff scheduled public notice for this application on June 14, 2017 for publication in the legal
advertisements section of the Bozeman Daily Chronicle on Sunday, June 25, 2017. The project
representative posted public notice provided by Staff on the subject property on June 16, 2017.
Staff sent public notice to physically contiguous landowners via certified mail, and to all other
landowners of record within 200-feet of the subject property via first class mail, on June 16,
2017. Staff did not receive any written public comment on this application.
On June 21, 2017, Staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval by the
Director of Community Development for consideration by the City Commission, which made a
decision on the application at its July 10, 2017 public meeting. The City Commission made 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 September 8, 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. The subdivision
includes two lots reduced in area and width. Section 38.08.040.A provides a 5,000-square foot
minimum lot area for single household dwellings in all residential zoning districts. If a plan or
plat complies with Chapter 38, Article 43, lot area may be reduced to 2,700-square feet. The
subject subdivision proposes lots at 2,743 and 2,794-square feet respectively. Section
38.08.040.B provides minimum lot widths for newly created lots in the city. The minimum lot
width for single household dwellings is 50-feet or 40-feet when alley access is available. If a
plan or plat complies with Chapter 38, Article 43, lot width may be reduced to 30-feet. The
subject subdivision proposes 43 and 45-foot wide lots respectively. The provisions of Article 43
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of the Unified Development Code allow the proposed reductions through compliance with the
affordable housing regulations and approval of an affordable housing plan.
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 and required by Section 38.23.060, all
easements, existing and proposed, must be accurately depicted and addressed on the final plat
and in the final plat application. There are existing utility easements shown on the plat, proposed
for vacation. Plat Correction D requires documentation from all easement holders releasing
interest in the existing easements and approval of the new easement configuration prior to final
plat approval. Staff recommends approval of the plat with the easements as depicted.
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 allowed through the Article 43, Affordable Housing
provisions. The plat notes the access for proposed Lot 9A from North 24th Avenue. The plat will
formally vacate an existing 30-foot-by-30-foot temporary road easement located on the subject
property. The West Babcock Subdivision plat depicted the easement for a temporary turn around
until such time West Beall Street was constructed to City standards. West Beall Street is fully
constructed and provides legal and physical access for Lot 9B. Engineering staff approved of the
easement vacation. The West Babcock Subdivision plat also included a note restricting access
from West Beall Street to Lot 9. As this subdivision will create a parcel with sole frontage on
West Beall Street, this plat will eliminate the existing plat note. Recommended Condition of
Approval No. 5 addresses the elimination of the existing plat note.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subsequent minor subdivision will not significantly affect agriculture. The adopted growth
policy and zoning designate the area for residential development. The subject tract is part of an
existing residential subdivision. No agricultural uses exist on the property.
2) The effect on Agricultural water user facilities
The subsequent minor subdivision will not significantly affect agricultural water user facilities.
The adopted growth policy and zoning designate this property for residential development. No
irrigation ditches exist on or near the subject property.
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3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way. The
subdivider proposes to extend water and sewer services from the mains in North 24th Avenue to
the proposed “Lot 9B.” The plat notes a 10’ utility easement along the north of “Lot 9B” and 14’
wide utility easements along the frontages of “Lot 9A.” The Engineering Division reviewed the
proposed utility layout. The 14-foot utility easement provides adequate area for the servicing of
water, sewer, and dry utilities.
Streets – The subsequent minor subdivision will not significantly affect streets. The existing
public street network will accommodate this subdivision. The lot layout provides adequate
separation for drive accesses from the intersection of North 24th Avenue and West Beall Street.
Perimeter public sidewalks are in place.
Stormwater – The subsequent minor subdivision will not significantly affect stormwater
facilities. The existing public stormwater infrastructure was sized and constructed to
accommodate drainage from this subdivision.
Parkland – The subsequent minor subdivision will not significantly affect parkland. The West
Babcock Subdivision provided parkland in excess of the required minimums. Plat Correction F
requires the subdivider to provide confirmation that all park improvements are installed in the
existing park area. There is adequate parkland credit to accommodate single household
development on these proposed lots. Outside of the existing subdivision park, Kirk Park is less
than 350-feet away. Additionally, minor subdivisions do not require parkland dedication.
4) The effect on the Natural environment
The subsequent minor subdivision will not significantly affect the natural environment. No
significant physical or topographical features (e.g., outcroppings, geological formations, steep
slopes) exist on the subject property.
5) The effect on Wildlife and wildlife habitat
The subsequent minor subdivision will not significantly affect wildlife and/or wildlife habitat.
The City reviewed the West Babcock Subdivision for impacts to wildlife and wildlife habitat
prior to approval. The subdivision is mostly developed as residential and the subject property is
the last remaining undeveloped lot. The property falls within an area identified and zoned for
residential development within the municipal limits.
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 affect public health and safety. The subject property is
designated for residential development in the adopted growth policy and is zoned for medium
density residential development. Future residential development is subject to review under the
Bozeman Municipal Code in effect at the time of application. The intent of the regulations in
Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety, and general
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welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined
that it complies 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.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on April 12, 2017. 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: 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; 11) stormwater management; 14) educational facilities; 15) land
use; 17) neighborhood center; 18) lighting plan; and 19) miscellaneous.
The DRC did not grant waivers for: 10) water and sewer; 13) utilities; 16) parks and recreation
facilities; 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
The DRC did not identify any significant impacts to surface water and waived supplemental
information. No surface water exists on the subject property.
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 affect the subject property.
38.41.060.A.3 Groundwater
The DRC did not identify any significant impacts to groundwater and waived supplemental
information. United States Geological Survey data indicates nearby groundwater ranging from
depths of 12-feet to 6-feet below the surface of the ground.
38.41.060.A.4 Geology, Soils and Slopes
The DRC did not identify any significant impacts from geology, soils, and slopes and waived
supplemental information. No significant geologic or topographic features exist on the property.
38.41.060.A.5 Vegetation
The DRC did not identify any significant impacts to vegetation and waived supplemental
information. This subsequent minor subdivision will not significantly affect vegetation. The
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subdivider provided a Noxious Weed Management Plan identifying mitigation measures for
noxious weeds.
38.41.060.A.6 Wildlife
The DRC did not identify any significant impacts to wildlife and waived supplemental
information. This subsequent minor subdivision will not significantly affect wildlife. The
property falls within an urban area developed as residential. No critical wildlife species are
known to exist on the property.
38.41.060.A.7 Historical Features
The DRC did not identify any significant impacts to historical features and waived supplemental
information. No significant cultural, historic, or archaeological features are known to exist on the
subject property.
38.41.060.A.8 Agriculture
The DRC did not identify any significant impacts to agriculture and waived supplemental
information. The growth policy and municipal zoning designate the subject property for
residential development. The subdivision is mostly constructed with residential dwelling units.
This is the last vacant parcel.
38.41.060.A.9 Agricultural Water User Facilities
The DRC did not identify any significant impacts to agricultural water user facilities and waived
supplemental information. No agricultural water user facilities exist on or nearby the subject
property.
38.41.060.A.10 Water and Sewer
The subdivision requires the extension of water and sewer services from the mains in North 24th
Avenue to serve “Lot 9B.” There is adequate capacity in the water supply and downstream
sanitary sewer mains to accommodate future residential development. The projected water
demands from this subdivision will not exceed the demand threshold to require an additional
payment of cash-in-lieu of water rights.
38.41.060.A.11 Stormwater Management
The DRC did not identify any significant impacts to stormwater management and waived
supplemental information. There are existing public stormwater facilities that adequately capture
stormwater from this property.
38.41.060.A.12 Streets, Roads and Alleys
The DRC did not identify any significant impacts to streets, roads, and alleys and waived
supplemental information. This subdivision does not require any expansion of the municipal
street and sidewalk network to accommodate future residential development. Perimeter public
sidewalks are in place.
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38.41.060.A.13 Utilities
This subsequent minor subdivision will not significantly affect utilities. The plat indicates a 10-
foot wide utility easement along the street frontage of “Lot 9B.” “Lot 9A” includes a 14-foot
wide utility easement along the North 24th Avenue and West Beall Street frontages to
accommodate both water and sewer services and dry utilities. The subdivider proposes to vacate
the rear and side yard utility easements on the existing lot due to the new lot configuration. One
utility provider recorded a letter releasing interest in the existing utility easement on the south
side of the property. The letter does not specifically release interest in the east yard utility
easement. Plat Correction D requires the provision of all necessary easements, existing and
proposed, on the final plat and written verification from all easement holders to accommodate
the new configuration and release of existing easements.
38.41.060.A.14 Educational Facilities
The DRC did not identify any significant impacts to educational facilities and waived
supplemental information. While future development will provide additional housing units, the
school district already serves the neighborhood. The City reviewed educational facilities impacts
at the time the underlying subdivision was platted.
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 R-3
(Residential Medium Density District). Any future residential development will be subject to the
R-3 zoning standards in effect at the time of application.
38.41.060.A.16 Parks and Recreation Facilities
This subsequent minor subdivision will not significantly affect parks and recreation facilities.
The West Babcock Subdivision provided excess parkland, which will accommodate this
subdivision. While minor subdivisions do not require parkland dedication, Plat Correction E
requires an updated subdivision parkland tracking table on the final plat to document the
provided parkland and remaining credits.
38.41.060.A.17 Neighborhood Center Plan
The DRC waived supplemental information for a neighborhood center plan.The subdivision is
less than 10-acres and does not require a neighborhood center.
38.41.060.A.18 Lighting Plan
The DRC did not identify any requirements for a lighting plan and waived supplemental
information. Public street lights are already in place. Any building or site lighting will be
reviewed through the building permit process.
38.41.060.A.19 Miscellaneous
The DRC waived miscellaneous supplemental information. The subdivision will not affect
access to any public lands and there are no identified hazards in proximity to the subject
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property. The landowner previously paid all associated payback area fees. The subdivider
worked with the City Engineering Division to establish addresses for the property.
38.41.060.A.20 Affordable Housing
The application will comply with the Affordable Housing regulations in Article 38.43, with the
recommended conditions of approval and cited plat corrections. The subdivision application
proposes reduced lot area and width, which are allowed for compliance with the Article 43
regulations. At the time of the adequacy determination of this subdivision, compliance with
Article 43 was not mandatory. However, the proposed future construction of two dwellings on
the existing lot is not feasible without subdivision, due to the required minimum lot area per
dwelling. The subdivision will allow the construction of two small, affordable homes, if the
Director of Community Development approves the accompanying affordable housing plan.
The affordable housing plan states that the entire subdivision will provide two affordable
housing units. One unit will fall into the lower priced home category with a sale price cap based
on 70% of the Area Median Income (AMI). The second unit will fall into the moderate priced
home category with a sale price cap based on 90% AMI. The affordable housing plan requests
incentives outlined in the Article 43, Affordable Housing. Both units are eligible for expedited
building permit review. The 70% AMI unit is the only unit eligible for the requested impact fee
subsidy, down payment assistance, and simultaneous construction of housing and infrastructure.
Staff presented the financial incentive requests to the Community Affordable Housing Advisory
Board (CAHAB) on June 14, 2017. Following the Staff presentation and discussions, CAHAB
recommended approval of the requests. The City Commission will make the final decision on the
financial incentives and associated Affordable Housing Fund budget amendments. The
preliminary plat is not contingent upon the requested incentives. Additionally, if the City
Commission does not appropriate funds for the financial incentives, the affordable housing plan
may still be approved by the Department of Community Development.
As this subdivision relies upon relaxations in exchange for conformance with the affordable
housing regulations, Staff recommends Conditions of Approval No. 3 and 4 to address approval
and recordation requirements. Section 38.43.100.E, requires a condition of approval on any
affordable housing subdivision plat to tie the final plat to a recorded affordable housing plan. The
approval and recordation of an affordable housing plan is a binding agreement for a subdivision.
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
0.127-acre lot into two lots for residential development.
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
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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 HRDC’s Beall Street Minor Subdivision was
considered by the City Commission at a public meeting on July 10, 2017 at which time the
Department of Community Development Staff reviewed the project and stated that no public
comment was submitted to the City prior to the public hearing.
D. Brian Guyer from HRDC and Susan Riggs from GroundPrint, LLC, presented the project and
background information, clarified additional questions and concerns, and acknowledged
agreement with the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on July 10, 2017 and
several members of the public offered testimony for and against the subdivision. The nature of
the public comment was predominately against the proposal based on concerns of traffic
impact, neighborhood character, dwelling unit design, occupants, and affordable housing.
F. Staff and the project representative responded to the City Commission’s questions based on
issues raised during the public comment period.
G. The City Commission discussed the application and findings in the staff report. The dissenting
voter framed his findings around neighborhood character, expectations of development, and
concerns over lot orientation and future building setbacks.
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 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.
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
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.
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
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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 _____________________, 2017
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3
district is “to provide for the development of one- to five-household residential structures near
service facilities within the City. It should provide for a variety of housing types to serve the
varied needs of households of different size, age and character, while reducing the adverse effect
of nonresidential uses.”
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates
that:
“This designates places where the primary activity is urban density dwellings. Other uses which
complement residences are also acceptable such as parks, low intensity home based occupations,
fire stations, churches, and schools. High density residential areas should be established in close
proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this
category by residential zoning should provide for and coordinate intensive residential uses in
proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.”
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The Department of Community Development reviewed informal renderings and proposed site
development concept plans for property located at the intersection of West Beall Street and
North 24th Avenue in early 2017. Staff provided summary comments to the Human Resource
Development Council, the landowner and subdivider. On April 6, 2017, the Department of
Community Development received a minor subdivision pre-application plan. Staff reviewed the
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proposal and scheduled a Development Review Committee meeting for April 12, 2017. The
DRC reviewed the application and granted waivers to most supplementary materials, with the
exception of utilities, water and sewer, affordable housing, and parks and recreation.
Staff held several discussions with the project representative and a preliminary plat application
was received on May 17, 2017. The DRC reviewed the proposed HRDC Beall Street Minor
Subdivision on June 14, 2017. The DRC determined the submittal contained detailed, supporting
information sufficient to allow for the continued review of the proposed subdivision on June 14,
2017. The application proposes a two lot affordable housing subdivision with relaxations for
minimum lot area and width. Final plat approval is contingent upon approval and recordation of
the affordable housing plan. The application also requests several incentives, which are allowed
through compliance with the Article 43, Affordable Housing regulations. The Community
Affordable Housing Advisory Board recommended approval of the requested financial
incentives, which include a $5,150 impact fee subsidy and down payment assistance not to
exceed $10,000. At the time of the DRC determination of project adequacy, the Affordable
Housing ordinance was not a mandatory program.
On June 21, 2017, 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 made a decision
at its July 10, 2017 public hearing. The City Commission voted 4:1 at its July 10, 2017 public
meeting to approve the subdivision with the recommended conditions and all applicable code
provisions. The final decision for a subsequent minor subdivision preliminary plat was made
within 60 working days of the date it was deemed adequate; or in this case by September 8,
2017.
APPENDIX C – NOTICING AND PUBLIC COMMENT
In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on
June 14, 2017 for publication in the legal advertisements section of the Bozeman Daily Chronicle
on Sunday, June 25, 2017. The project representative posted a public notice board provided by
the City on the subject property on June 16, 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 June 16, 2017. No written public comment had been received on
this application as of the writing of the staff report. Public comments were received as recorded
in the City Commission minutes and video record of the public hearing.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Human Resource Development Council of District IX, 32 South Tracy Avenue,
Bozeman, MT 59715
Subdivider: Human Resource Development Council of District IX, 32 South Tracy Avenue,
Bozeman, MT 59715
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Representatives: GroundPrint, LLC, 1262 Stoneridge Drive, Bozeman, MT 59718; and
TD&H Engineering, 234 East Babcock Street, #3, Bozeman, MT 59715
Report By: Mitch WerBell, Associate 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.
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