HomeMy WebLinkAbout18- Findings of Fact and Order - Hoover Way Subdivision, Application 17117 Page 1 of 31
Bozeman City Commission Findings of Fact and Order foi. the Hoover. Way
Subdivision, Application 17117
Date: Planning Board,February 6, 2018 at 7:00 pm in the City Commission Room 121 N. Rouse
Avenue,Bozeman,Montana
City Commission,February 26,2018 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue,Bozeman,Montana(continued from February 12,2018)
Project Description: A Preliminary Plat application for a proposed 2.72-acre major subdivision to
create 24 residential townhouse lots, 3 open space lots and the associated right-of-way. The
application includes requests for incentives and reductions allowed through the provisions of
the Unified Development Code Article 43,Affordable Housing. The subdivision is associated
with a Preliminary Planned Unit Development(PUD) application requesting nine relaxations.
Project Location: The subject parcel is located approximately 1/4-mile northwest of the intersection
of Baxter Lane and N.27a'Avenue/Thomas Drive and legally described as the East Half
(El/2) of the West Half(WI/2) of the Southeast Quarter(SEl/4) of the Southwest Quarter
(SW1/4) of Section 35,Township One South(TOTS),Range Five East(R05E),Less a
Portion of the Baxter Square Subdivision Phase 1 and 2,P.M.M., City of Bozeman,Montana.
Action: Approval with conditions
City Commission 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 17117 and move to approve the subdivision with conditions and subject
to all applicable code provisions.
Staff Contact: Addi Jadin, Community Development
Shawn Kohtz,Development Review Engineer
Agenda Item Type: Action(Quasi-judicial)
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 2 of 31
EXECUTIVE SUMMARY
Unresolved Issues
The subdivider is interested in working with City staff to determine whether affordable housing
units provided above the required number may be "banked"for future projects. Upon initial
discussion, staff considered whether this may be allowed if the PUD and preliminary plat
applications were modified to expand their existing border to include adjacent subdivisions
where the additional affordable housing units could be applied. However,because there is no
language currently in the code authorizing banking for future development, staff has determined
this is not be allowed for the Hoover Way subdivision.
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on March 15, 2017,requesting a major subdivision on a 2.72-acre tract of record to
create 30 lots for affordable housing development, 2 open space lots and street right-of-way. Due
to unforeseen wetland requirements and wetland growth in the area of the subdivision, applicants
revised the preliminary plat application and submitted it along with a Planned Unit Development
(PUD) application in November 2017 (see Appendix B for further details). The City Commission
unanimously approved the PUD at a separate hearing on March 6, 2018. The resulting plat
proposed 24 townhouse lots, 3 open space lots and the associated right-of-way.
This subdivision proposes 100% affordable housing meeting the requirements of the Unified
Development Code,Article 43, and utilizes incentives as allowed for affordable housing. If the
City Commission approves this preliminary plat, the Director of Community Development must
approve the accompanying affordable housing plan prior to final plat approval, as this
subdivision relies upon affordable housing incentives for lot size. The recommended conditions
of approval establish requirements for recording the affordable housing plan.
Parkland for the Hoover Way subdivision was provided at the filing of the final plat for Baxter
Square Subdivision Phases 1 and 2. A parkland balance remains after the recording of Baxter
Square Phase 3. Further background is provided in Section 6 and Appendix B of the staff report
and in the Applicant Narrative item#3.
Advisory Board Recommendations
CAHAB recommended approval of the financial incentive requests for affordable housing on
June 14, 2017.
At its December 13, 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.
On February 2, 2018, the major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 3 of 31
consideration by the Planning Board. The Planning Board recommended approval with conditions
and code provisions on February 6, 2018. One letter of public comment was receive and one
member of the public testified against the application at the February 6, 2018 Planning Board
hearing.
After Planning Board's recommendation, one condition was amended and two new conditions of
approval were added for the Commission's consideration. Condition of approval #27 was added
to clarify that an overhead power line easement would not be required on the final plat if the power
line is removed. Condition of approval#13 which requires the documentation of compliance with
parkland requirements on the final plat has been amended to allow the affordable housing incentive
for parklands to be reflected in the table and a statement at the end of condition#13 was removed
and added as a separate condition of approval #28 requiring a park maintenance plan(see further
information provided in staff report Section 6: Primary Review Criteria 3 and Appendix B and in
the Applicant Narrative item#3).
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 March 13, 2018.
Commission Action
The Bozeman City Commission held a public meeting on Monday, February 26, 2018 to review
the application and hear public testimony. Seven public comment letters were received and one
member of the public provided testimony at the hearing. In addition, five people provided
testimony during the PUD hearing which was entered into the public record for the preliminary
plat application. The City Commission discussed the proposed preliminary plat application in
regards to the character of the area,public comment, and the intent of the subdivision and zoning
district; and reviewed the application against the requirements of the Montana Subdivision and
Platting Act (MSPA). 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 17117 and the February 26, 2018 presentation for the
associated Hoover Way PUD, Application 17548, 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
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 4 of 31
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items. This alternative is
requested if the Commission wishes to amend or add conditions of approval.
TABLE OF CONTENTS
EXECUTIVE SUMMARY............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
ProjectSummary................................................................................................................. 2
Advisory Board Recommendations.................................................................................... 2
CommissionAction............................................................................................................ 3
Alternatives......................................................................................................................... 3
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2—REQUESTED VARIANCES, incentives and relaxations...................................... 8
SECTION 3 - CONDITIONS OF APPROVAL............................................................................. 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 14
SECTION5 -ACTIONS.............................................................................................................. 16
SECTION 6 -ANALYSIS and findings....................................................................................... 17
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19
Preliminary Plat Supplements........................................................................................... 22
SECTION 8 —FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS......................... 26
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY...................................... 29
APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 29
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 31
FISCALEFFECTS....................................................................................................................... 31
ATTACHMENTS......................................................................................................................... 31
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 5 of 31
SECTION I -MAP SERIES
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Parks,Open Space and Recrealanel Lands
Other Public Lands
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Proposed Preliminary Plat
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Submitted 03/15/2017 B O Z E M A N"T
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17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 6 of 31
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17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 7 of 31
PRELIMINARY PLAT OF
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P.M.M., CITY OF SOZEMAN, GALLATIN COUNTY, MONTANA
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17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 8 of 31
SECTION 2—REQUESTED VARIANCES, INCENTIVES AND
RELAXATIONS
There are no variances requested with this subdivision application. The applicants initially
submitted a Variance for the wetland buffer but it was withdrawn with the submittal of the PUD.
Likewise, a Variance submitted for intersection Level of Service requirements has been
withdrawn and a code correction in Section 4 of the staff report requires issuance of a waiver
prior to final plat application.
The subdivider requested affordable housing incentives in accordance with Article 43,
Affordable Housing. These incentives include impact fee subsidy, reduction in parkland,reduced
minimum lot sizes, concurrent construction, expedited building permit review, and reduced
parking requirements. The impact fee subsidy 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 project may still be approved 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.
The associated PUD has requested nine relaxations. Seven of the nine relaxations affect
dimensions which are reflected on the plat. As mentioned previously in the staff report,no
action regarding the relaxations will be taken through the subdivision review and the subdivision
analysis assumes that the requested relaxations have been approved; however, Condition 8
requires a notice to purchasers to inform them of the unusual development standards in this
development. This will avoid confusion,purchase under misapprehensions, and future conflicts
between owners and the City. As the plat requires approval of the PUD in order to conform to all
regulations, Condition 7 establishes the sequence of approvals needed to enable approval of a
final plat.
Summary List of PUD Relaxations:
1) 38.08.040.A. Reduce Minimum Lot Area;
2) 38.23.100.A.2.c.(4)(d) Reduce Watercourse Setback for Connected Wetlands;
3) 38.23.100.A.2.e. Alter Watercourse Setback Zone Widths
4) 38.23.100.A.2.e.(2)(b) Allow a Non-spur Trail in Zone 1 (Open Space Lot 3);
5) 38.24.020 Reduce Right-of-Way Width(Hoover Way);
6) 38.08.050.A.Le. Reduce Front Yard Setback(Lot 6, Block 2);
7) 38.08.050.A.4. Reduce the Garage Entry Setback(Lot 6, Block 2);
8) 38.25.020.A. Reduce Minimum Parking Space Length(Lot 6, Block 2); and
9) 38.26.060.A.1. Allow Alternate Methods for Providing Landscape Plan
Points.
The summary of each relaxation,the customized zoning district incorporating those relaxations,
and the overall reasoning behind the relaxations is in Section 7 of the application narrative.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 9 of 31
The Design Review Board reviewed the PUD application on January 24, 2018 and forwarded a
recommendation of approval to the City Commission. A full recording of the meeting has been
published on the City of Bozeman website.
SECTION 3 - CONDITIONS OFAPPR0VAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Additional conditions
apply to the planned unit development being processed concurrently.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code (BMC)and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies on
a 3 mil or heavier stable base polyester film(or equivalent); two (2) digital copies; one (1)
PDF copy; and five (5)paper prints. The Gallatin County Clerk&Recorder's office has
elected to continue the existing medium requirements of 2 mylars with a 1%2"binding
margin on one side for both plats and COS's. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
2. 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.
3. The final plat and all associated improvements must be completed consistent
with the application as submitted except where required to be changed by the
City of Bozeman.
4. The applicant shall 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 shall include a digital copy(pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer
to the appropriate plat,plan, sheet,note, covenant, etc. in the submittal.
5. 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. If the affordable housing plan is not approved,the final plat cannot be
approved.
6. The affordable housing plan and document number must be referenced on the final plat
conditions of approval sheet.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 10 of 31
7. The Planned Unit Development Final Plan shall be completed and approved by the City of
Bozeman before the approval of the final plat.
8. A notice prepared by the City shall be filed concurrently with the final plat so that it
will appear on title reports. It shall read substantially as follows: Lots within the
Hoover Way Subdivision are subject to specific design standards, unique building
setbacks from property lines, and additional covenants to manage impacts to the
adjacent wetlands. These standards may be found in [insert correct reference to design
standard location]. Lot owners are advised that these are specific to the Hoover Way
Subdivision and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the
Hoover Way approval documents the general standards of the City apply. Modification
of the special standards would require an amendment to the Hoover Way Planned Unit
Development. Modifications are strongly discouraged. It is the obligation of the lot
owner to be fully informed as to these standards before beginning any home or site
design process. Approval by the design review entity established in the covenants of
the development does not bind the City of Bozeman to approve a construction plan.
9. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications,the subdivider(or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owner's association of any open
space proposed to be conveyed to the property owner's association and all its right,title,
and interest in any improvements made to such parkland or open space.
For the transfer of real property,the subdivider or owner of the property shall submit with
the application for final plat a warranty deed or other instrument acceptable to the City
Attorney transferring fee simple ownership to the property owner's association and
associated realty transfer certificate. The subdivider or owner of the property must record
the deed or instrument at the time of recording of the final plat. For personal property
installed upon open space owned by the property owner's association,the subdivider shall
provide an instrument acceptable to the City Attorney transferring all its rights,title and
interest in such improvements including all applicable warranties to such improvements.
10. A public access easement for the common open spaces must be provided as a separate
document describing the scope of the grant of easement and naming a custodian of the
public's interest in the easement.
11. The open space maintenance plan required as part of the covenants must
explicitly include all trails,paved or unpaved,within the common open space#3.
12. The final plat shall 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 shall be that of the
property owners' association. Maintenance responsibility shall include, in addition to the
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 11 of 31
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 public parks or 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 residents of the development and the general public.
The property owners' association shall be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all common open space areas and
trails."
13. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet.
14. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
15. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
16. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat application will not
be deemed complete until the resolution to create the SILD has been approved by the City
Commission.
17. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two-year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
18. The applicant has requested allowance of occupancy permits prior to completion of asphalt
paving of public streets per BMC Section 38.39.030.D. If asphalt is not complete prior to
occupancy permits and per BMC 38.39.030.D, the applicant must also be responsible for
maintenance of the public streets in the project until asphalt paving is complete per City
DSSP requirements. The applicant must also construct and maintain stormwater best
management practices (BMPs)to limit tracking of sediments onto adjacent, completed
streets as well as limit discharge of stormwater pollutants from the site per City of
Bozeman Stormwater Division requirements and the Montana Department of
Environmental Quality requirements.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 12 of 31
19. The proposed project is located in the Baxter/N. 191h Signal Payback District. The
applicant must pay the payback district assessment prior to final plat approval.
20. 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 (SID's) for the
following:
a. Street improvements to Thomas Drive including paving, curb and gutter, sidewalk,
and storm drainage
b. Street improvements to N.27th Avenue including paving,curb and gutter,sidewalk,
and storm drainage
c. Street improvements to Baxter Lane including paving, curb and gutter, sidewalk,
and storm drainage
d. Street improvements to Cattail Street including paving, curb and gutter, sidewalk,
and storm drainage
e. Intersection improvements to N. 27th Avenue (Thomas Drive) and Baxter Lane
f. Intersection improvements to N. 271h Avenue (Thomas Drive) and Cattail Street
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. The applicant must provide a copy of the filed
SID waiver prior to final plat approval.
21. All irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City with the final plat
submittal. Ownership of any well and associated water right within common open space
owned by the property owner's association shall be transferred to the property owner's
association in conjunction with the final plat. All wells shall include a meter or other device
to determine consumption.
22. 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.
23. The Conditions and Notes sheet of the final plat shall contain the following language that is
readily visible with lettering, at a minimum size of 12 point type,placing future landowners
of individual lots on notice of the presence of high groundwater in the area of the
subdivision:
"The subdivision is in a known area of high groundwater. No crawl spaces or basements
may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 13 of 31
system or the drainage system. Sump pumps may not be discharged onto streets or into
the curb and gutters."
24. Building finished floor grades must be at a higher finished grade calculated by a minimum
of 2% slope above the adjacent curb and gutter to allow drainage and avoid placement of
spoil materials onto adjacent lots as homes are constructed. Lots may not be constructed at
significantly higher grades than the adjacent lots, which subsequently creates a drainage
issue from one lot to another.
25. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
26. The final plat shall 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 their use and enjoyment: Common Open Space parcels 1, 2, and
3. Unless specifically listed in the Certificate of Dedication, the city accepts no
responsibility for maintaining the same. 1, (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 plotted herewith, have been installed in conformance with any
approved plans and specifications prepared in accordance with the standards of
Chapter 3 8 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 OR STATE NONE).
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:
27. Applicants have provided an easement for overhead power lines on the northern boundary
of the property. If overhead power lines are removed, the easement would not be required
on the final plat.
28. A cost-sharing agreement for park maintenance shall be included with the final plat.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 14 of 31
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
A. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector
streets and intersections with arterial and collector streets shall operate at a minimum level of
service "C" unless specifically exempted by this subsection. Level of service (LOS) values
shall be determined by using the methods defined by the most recent edition of the Highway
Capacity Manual. A development shall be approved only if the LOS requirements are met in
the design year, which shall be a minimum of 15 years following the development application
review or construction of mitigation measures if mitigation measures are required to maintain
LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a
whole.
The intersection of Davis Lane and Baxter Lane operates at a LOS "F" and LOS "D"for the
AM Peak Hour and PM Peak Hour conditions, respectively. The proposed project may not
receive final plat approval until the intersection of Baxter Lane and Davis Lane is upgraded
or a waiver is granted per BMC 38.24.060.B.4.b.
B. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary
sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the city
to install municipal storm sewer system facilities. These systems shall be installed in
accordance with the requirements of the state department of environmental quality and the city,
and shall conform with any applicable facilities plan. The city's requirements are contained in
the Design Standards and Specifications Policy and the City of Bozeman Modifications to
Montana Public Works Standard Specifications, and by this reference these standards are
incorporated into and made a part of these regulations. The developer shall submit plans and
specifications for the proposed facilities to the city and to the state department of
environmental quality and shall obtain their approvals prior to commencing construction of
any municipal water, sanitary sewer or storm sewer system facilities.
Per a January 4, 2018 meeting with DRC staff, the applicants have updated site drawings to
illustrate water and sewer services, gas and electric services and landscaping for each lot in
preparation for approval of infrastructure plans and specifications which will occur after
preliminary plat approval.
C. Building permits will not be issued prior to City acceptance of the site infrastructure
improvements per BMC Section 38.39.030.13 and 38.39.030.D as applicable.
The applicant must submit plans and specifications for water and sewer main extensions,
streets, and storm water improvements,prepared and signed by a professional engineer (PE)
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 15 of 31
registered in the State of Montana, which must be provided to and approved by the City
Engineer. Water and sewer plans must also be approved by the Montana Department of
Environmental Quality. The applicant must 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.
D. BMC 38.23.150.0 states: Street lighting consists of street lighting and pathway intersection
lighting, and shall comply with the City of Bozeman Design Standards and Specifications
Policy (DSSP).
The applicant must install street lighting per the DSSP prior to final plat approval.
E. Bozeman Municipal Code (BMC) 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.
1) The applicant's stormwater analysis has not demonstrated that the capacity of the
stormwater infiltration chambers will meet the stormwater retention volume
requirements. The applicant must monitor the seasonal high groundwater level
(SHGWL) during the peak groundwater months. The stormwater retention volume of the
underground infiltration chambers must be located above the SHGWL. If this cannot be
accomplished, the applicant must adjust the design of the storm drainage system to
provide sufficient stormwater retention volume. The applicant must demonstrate
sufficient stormwater retention volume prior to approval ofpublic infrastructure plans
and specifications for the project including groundwater measurements during the
months corresponding to the SHGWL.
2) The applicant must provide an updated maintenance manual that provides specific
instructions for the proposed subsurface stormwater retention system prior to final plat
approval. The maintenance manual that was provided is specific to the Ferguson Farms
Subdivision Block 2 not the Hoover Way Subdivision.
3) The applicant must adjust Note 7 on the plat to state, "The Homeowner's Association
shall be responsible for the maintenance of all stormwater management facilities
including the Underground Stormwater Infiltration Chambers. "prior to final plat
approval.
4) Stormwater from the northern half of Sartain Street currently drains onto the property
into a small detention basin. The on-site subdivision stormwater retention system must
accommodate that runoff from Sartain Street. The applicant must demonstrate runoff
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 16 of 31
from Sartain Street is accommodated in the stormwater system design prior to approval
of engineering plans and specifications.
F. BMC Section 38.23.180 states:the transfer of water rights or the payment of cash-in-lieu(CIL)
of water rights shall be provided.
The applicant must contact the City Engineering Department for an analysis of CIL of water
rights and pay CIL of water rights due prior to final plat approval.
G. 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 mustprovide all necessary utility easements and must be described, dimensioned
and shown on each subdivision block of the final plat in their true and correct location.
H. 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.
I. See. 38.27.090. - Waiver of park maintenance district. When required,the developer
shall sign, and file at the county clerk and recorder's office, a waiver of right to protest
the creation of park maintenance district.
The waiver is required and must be filed with the final subdivision plat.
J. Sections 38.38.020 and 38.38.030, discuss the requirements for supplementary documents
including property owners' association documents and covenants.
The subdivider must provide the necessary declaration and recitals to facilitate the property
owners'association bylaws and/or declaration of covenants, conditions and restrictions. Any
cost sharing agreements for maintenance must be included with the final plat.
SECTION S-ACTIONS
The DRC discussed the preliminary plat application on April 12, 2017, August 30, 2017 and
after the associated PUD was submitted,reviewed final revisions to the preliminary plat on
December 13, 2017. The DRC determined the application submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision on
December 13, 2017. As a result, the DRC found that the application, with the recommended
conditions of approval, complies with the adopted growth policy,MSPA and the Unified
Development Code.
17117, City Commission Findings of Factfor the Hoover Way Subdivision Preliminary Plat
Application Page 17 of 31
CAHAB recommended approval of the financial incentive requests for affordable housing on
June 14, 2017.
The Planning Board conducted a public hearing on February 6, 2018 and voted unanimously to
recommend approval with conditions and code provisions.
Public hearing date for the City Commission is February 26, 2018. The hearing will be held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm.
The Bozeman City Commission held a public meeting on Monday, February 26, 2018 to review
the application and hear public testimony. Seven public comment letters were received and one
member of the public provided testimony at the hearing. The City Commission discussed the
proposed preliminary plat application in regards to the character of the area; public comment
regarding parklands, adjacent subdivision infiastructure and maintenance impacts, parking
concerns, and wetland impacts;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 17117 and the February 26, 2018 presentation for the associated Hoover Way PUD,
Application 17548, and unanimously voted to approve the preliminary plat application, with the
conditions as outlined in the staff report, 5:0.
SECTION 6-ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040,BMC.
In considering applications for subdivision approval under this title,the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in recommended Condition of Approval No. 1,the final plat must comply with State statute,
Administrative Rules of Montana, and BMC.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 18 of 31
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
regulatory standards. The proposed lot layout relies upon incentives offered for compliance with
Article 43 of the Bozeman Municipal Code and relaxations requested in the associated PUD
application. Staff recommends Conditions No. 5 and 6 to require approval and documentation of
an affordable housing plan, which will be a binding agreement. Also Condition of Approval 7
ensures passage of the PUD prior to approval of the Final Plat. Therefore, upon satisfaction of all
conditions and code corrections 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
The application was received on March 15, 2017. The application was reviewed and found
inadequate for further review on April 12, 2017 and August 30, 2017. Additional materials were
provided in response to the requests for additional information along with a PUD application on
August 31, 2016. The application was found adequate for review on December 13, 2017.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC, Planning Board and
other applicable review agencies, as well as any public testimony received on the matter,the City
Commission shall make the final decision on the applicant's request.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to Section
38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the
subdivision application by March 13,2018,unless there is a written extension from the developer,
not to exceed one year.
Public notice for this application was given as described in Appendix C.
On February 20, 2018 the major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the City Commission. Seven public
comment letters were received and one member of the public provided testimony at the hearing.
The subdivision relies upon the associated PUD to meet the required zoning standards. The final
plan for the planned unit development must be finished and receive final approval before the final
plat is approved. Therefore, Condition 7 ensures that the final timing of the two applications will
be properly coordinated.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 19 of 31
4) Compliance with Chapter 38,BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are included
in this report for City Commission consideration in Sections 3 and 4.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, shall be accurately depicted and addressed on the final plat
and in the final plat application. Therefore, all utilities and necessary utility easements will be
provided and depicted accordingly on the final plat. All public utilities will be located within
dedicated street right of way. Conditions 14 and 15 and Code Requirement G require performance
of these obligations.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards as approved
through the associated planned unit development. In addition, pursuant to Section 38.24.090.A,
BMC,plats shall contain a statement requiring lot accesses to be built to the standard contained in
this section,the city design standards and specifications policy, and the city modifications to state
public works standard specifications. Access to the overall subdivision is provided via Thomas
Drive, Sartain Street, Renee Way, Buckrake Avenue, Hoover Way, and Georgia Marie Lane; all
streets available for public use.
Primafy Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and has been vacant for over 10
years. Property to the south and east has been developed for non-agricultural uses and the
adjacent properties to the north and west are rural residential. Therefore, this subdivision will not
have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and has begun to develop in all directions despite
the adjacent County properties immediately to the west. Therefore, the proposed subdivision
will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer—Municipal water and sewer can be provided to this site. Internal water and sewer
mains will be installed prior to final plat approval. Water for irrigation of open spaces is required
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 20 of 31
and proposed to be provided by a well. The applicant must provide transfer of ownership to the
HOA so that the HOA can legally have the water resources necessary to maintain the open space.
Condition 15 and Code Requirements B and G ensure that adequate width utility easements are
provided to enable safe installation of water and sewer mains. Condition 18 requires that an
adequate warranty is provided and secured to ensure that installed infrastructure is set viceable.
Inoperable infrastructure is a hazard and inhibits development of the site. Conditions 14 and 15
coordinate between private and public utility locations and avoid conflicts between utilities and
other objects.
Streets—The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout extends Hoover Way to the north property boundary and
completes Georgia Marie Lane. Outside of the subdivision,the street grid is incomplete due to
several large undeveloped areas that fall between the subdivision and the primary shopping
center along N. 19th Avenue. Therefore, condition of approval 20 requires the subdivider to file
SID waivers for street improvements to several incomplete streets in the vicinity of the proposed
subdivision.
The proposed project is within '/2 mile of the Baxter-Davis intersection with a Level of Service
rating less than C. Code correction A requires that a waiver be issued prior to final plat
application. The Public Work Director is authorized to issue such a waiver.
Street lighting is a component of the required street improvements and one street light is
proposed at the corner of Hoover Way and Georgia Marie Lane. A special improvement lighting
district is proposed to maintain these facilities. Condition 16 ensures that the SILD will be
formed and effective before final plat and Code Requirement D ensures that the lighting will be
LED which will reduce long term costs and improve reliability for the residents.
The City will be responsible to maintain Hoover Way and Georgia Marie Lane. Maintenance and
use of public streets is subject to the terms of the municipal code. It is important to have clear
responsibilities for access and use by the public. Condition 27 and Code Requirement J establish
the responsible parties.
Public comment regarding parking concerns, emergency circulation and cost-sharing for road
maintenance was received in writing and in public testimony during the PUD hearing. Staff
presented information regarding road maintenance requirements for subdivisions and provided
clarity on public access easements over privately-maintained roads. After discussion,the
Commission adopted staff s findings and presentation,thus determining that requirements for the
provision of streets and legal and physical access have been met as proposed and with the
conditions of approval.
17117, City Commission Findings of Factfor the Hoover Way Subdivision Preliminary Plat
Application Page 21 of 31
Police/Fire—The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Condition 25 requires that the necessary
addresses are provided to enable 911 response to individual homes.
Stormwater- The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that standards have
been met. Maintenance of the storm water facilities is an obligation of the home owners
association. This responsibility is addressed in the covenants proposed with the subdivision.
Conditions 19, 24, and 25 and Code Requirements B, C, and E ensure that the stormwater system
will be integrated with the individual developed lots to prevent flooding and stagnant water.
Applicants have been in conversation with DRC staff to resolve any issues prior to submittal of
infrastructure plans and specifications.
Parklands - The previous phases of Baxter Square Subdivision dedicated excess park land to
service the entirety of the proposed Baxter Square Subdivision including the area of land now
considered for subdivision. After the platting of Baxter Square Phase 3, the remaining balance is
0.56 acres. This phase draws on that excess dedication and no new park land is proposed with
this phase. Condition of approval 13 requires an updated parkland calculation to be provided on
the final plat. Condition of approval 28 requires a cost sharing agreement for park maintenance
prior to final plat.
The required parkland for the subdivision prior to affordable housing incentives is 0.47 acres
(20,473 square feet). The affordable housing incentive allows a reduction in parkland area at a
1:1 ratio for the required affordable housing lot sizes. Since 3 lots are required to meet the 10%
affordable housing requirements of Section 38.43, it is appropriate to reduce the parkland
requirements by the three largest lot sizes which total 8814 square feet or 0.20 acres; therefore,
the final required parkland area is 11,659 square feet or 0.27 acres. Drawing from the remaining
parkland in Baxter Square Park after Baxter Square Phase 3,the final remaining balance will be
0.29 acres (see further information in Appendix B).
Public comment regarding the parkland was received and discussion occurred during the
associated PUD hearing regarding requirements for parkland dedication in MSPA, Section 76-3-
621, MCA, and Bozeman Municipal Code, Article 38.27. Staff presented images of the plat of
Baxter Square Subdivision Phase 1 and 2 and the Master Park Plan for Baxter Square Park which
included within their boundaries the land now proposed for subdivision. Staff also reiterated that
the applicants are required to contribute to park maintenance due to the Condition of Approval
#28. The Commission adopted the findings in the staff report and the staff presentation to
conclude that the parkland requirements of local and state law had been met. Multiple options
exist under Article 38.27 to satisfy the requirement for provision of recreational facilities. Use of
any of the options meets the requirements of Article 38.27.
Three private open space lots are proposed; open spaces 1 and 2 will contain stormwater
management facilities and open space 3 includes a wetland area and railroad berm with trail.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 22 of 31
These areas will be in the ownership of the HOA and will be maintained by the HOA per
Conditions 9, 11, and 12. A public access easement is required as Condition No. 10 to enable
public access to the open space.
4) The effect on the Natural environment
Wetlands exist within the property boundary that will be impacted by street right-of-way and lot
configuration. A 404 permit has been obtained for offsite mitigation in an approved wetland
mitigation bank and open space 3 is provided to maintain wetland areas in the vicinity of the
railroad berm. With approval of the associated PUD,the Commission approved a relaxation
from the wetland buffer setback. In response to public concern regarding the reduced wetland
buffer, staff emphasized that the remaining PUD relaxations were intended to ensure that the
subdivision's impact to wetland buffers would be minimized and that several of the reductions
were site specific and not creating a relaxation that could be used for future development.
The City encourages use of wells or surface water rights to irrigate parks rather than municipal
water supply. There is a lesser energy and infrastructure cost to this approach. However, in order
for the City to rely on these sources to meet the code requirement there must be the rights to the
water. Condition 21 requires that necessary ownership and rights are transferred to the HOA.
The site is in an area of high groundwater which may negatively impact future homes or cause
illicit discharges into the sanitary sewer and over burden the surface drainage system. Conditions
23 and 24 require notification of owners of potential hazard of groundwater, restrict placement of
discharges from sump pumps and put a procedure in place to avoid inappropriate grade changes.
5) The effect on Wildlife and wildlife habitat
The site has been substantially impacted already which has reduced wildlife habitat. FWP
offered comment at the time Baxter Square Subdivision encompassed the subject property and
did not identify any barriers to this development. FWP was contacted regarding the proposal and
no comment was received.
6) The effect on Public health and safety
The intent of the regulations in Chapter 3 8 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result,the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on January 25, 2017.
With the pre-application plan review application, waivers were requested from the materials
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 23 of 31
required in Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements." The
waiver requests from Surface Water; Floodplains; Groundwater; Water and Sewer;
Stormwater Management; Streets, roads and alleys; Utilities; Educational Facilities; Land
use; Parks and recreational facilities; and Affordable Housing were not granted.
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no watercourses on or immediately adjacent to this site. Cattail Creek flows in a
northwesterly direction approximately 110 feet west of the southwest corner of the property.
There is a groundwater-fed pond in the existing Baxter Square Subdivision Common Open
Space parcel immediately to the east of the proposed subdivision which discharges to Cattail
Creek. Depression wetlands exists on both sides of an abandoned railroad grade and are
connected to Cattail Creek.
38.41.060.A.2 Floodplains
There are no designated Foodplains on or immediately adjacent to the site.
38.41.060.A.3 Groundwater
The geotechnical investigation report is included in Appendix C of the application submittal.
Groundwater was encountered in all test pit excavations. Groundwater depths ranged from 5.1
feet below ground surface (bgs)to 6.5 feet bgs. Evidence of seasonally high groundwater
elevations were overserved ranging from 2.3 feet bgs to 3.9 feet bgs. Due to the high level of
ground water, conditions are recommended to inform potential buys, to restrict sump pump
discharge and to ensure appropriate site drainage during construction.
38.41.060.A.4 Geology, Soils and Slopes
Material waived
38.41.060.A.5 Vegetation
Depression wetlands exist within the proposed subdivision as shown in the wetland delineation
provided as Appendices D.1 and D.2 of the application materials. The PUD application includes
landscaping revegetation plan for areas of disturbed wetlands.
38.41.060.A.6 Wildlife
Material waived.
38.41.060.A.7 Historical Features
The railroad berm was identified in the Baxter Square Subdivision as being historic. The berm
will be retained in open space lot#3 with a trail as recommended in the Parks Recreation Open
Space and Trails Plan(FROST).
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 24 of 31
38.41.060.A.8 Agriculture
Material waived.
38.41.060.A.9 Agricultural Water User Facilities
Material waived.
38.41.060.A.10 Water and Sewer
The site will be served with municipal services as discussed under Criteria 3 of the Primary
Review Criteria. The proposed water mains will connect to existing water mains in
Sartain Street and Georgia Marie Lane.
Sanitary sewer service will be provided through connection to the City of Bozeman's existing
sanitary sewer collection system. The sewer system will connect to the 8" main stub at the
intersection of Hoover Way and Sartain Street and the existing sewer stub at the western end of
Georgia Marie Lane. From there, sanitary sewage will be conveyed to and treated at the City of
Bozeman's Water Reclamation Facility.
Adequate information was provided with the application to facilitate review. Additional design
details will be provided during the plan and specification review conducted by the Engineering
division prior to construction.
38.41.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite. Further analysis will occur during the
plans and specifications review by the Engineering Division.
The application states that a Stormwater Pollution Prevention Plan(S WPPP)will be submitted to
the Montana Department of Environmental Quality prior to construction.
38.41.060.A.12 Streets, Roads and Alleys
A traffic study was provided. This proposed development is within one half mile radius of an
intersection operating at a level of service less than C;however, it is likely that waiver conditions
will be met prior to final plat approval. Code correction A. in Section 4 of the staff report and
Conditions Nos. 17-20 in Section 3 will ensure adequate capacity within and maintenance of the
nearby street grid to accommodate this project.
The proposed Hoover Way Subdivision has legal access onto Sartain Street and Georgia Marie
Lane. Hoover Way is currently platted within a 33-foot private road and public utility easement
per Document Number 2200900 south of Sartain Street. This subdivision proposes via the PUD
relaxation to expand that to a 50 foot right-of-way north of Sartain Street, and gradually increase
the right-of-way width to the standard 60 foot as required.
Public comment regarding parking concerns, emergency circulation and cost-sharing for road
maintenance was received in writing and in public testimony during the PUD hearing. Staff
from Community Development and Public Works presented information regarding road
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 25 of 31
maintenance requirements for subdivisions and provided clarity on public access easements over
privately-maintained roads. After discussion, the Commission adopted staff s findings and
presentation, thus determining that requirements for the provision of streets and access have been
met as proposed and with the conditions of approval.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The project
representatives have been working with the DRC and local review agencies regarding overhead
power lines running along the north property boundary. Condition of approval#26 pertains to the
overhead power lines.
38.41.060.A.14 Educational Facilities
Material waived.
38.41.060.A.15 Land Use
The use proposed is exclusively residential which conforms to the future land use designation
and zoning purposes.
38.41.060.A.16 Parks and Recreation Facilities
The project has a surplus balance of parkland from prior dedications. No additional park land is
proposed. See additional information provided in staff report Section 6: Primary Review Criteria
3 and Appendix B and in the Applicant Narrative item#3. Public comment regarding the
parkland was received and discussion occurred during the associated PUD hearing regarding
Montana Subdivision and Platting Act requirements for Parkland Dedication(Section 76-3-621,
MCA) and Bozeman Municipal Code requirements in Section 38.27. Staff presented images of
the plat of Baxter Square Subdivision Phase 1 and 2 and the Master Park Plan for Baxter Square
Park which included within their boundaries the land now proposed for subdivision. The
Commission adopted the findings in the staff report and the staff presentation to conclude that
the parkland requirements of local and state law had been met.
Individual open space by unit is met because rear yards are provided; however,the PUD
application includes the following site plan enhancements to ensure privacy and to ensure the
long-term affordability of the lots: fencing, large covered patios, individual lot landscaping.
38.41.060.A.17 Neighborhood Center Plan
Material waived.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.13, BMC at the
intersection of Hoover Way and Georgia Marie Lane. All street lights installed shall use LED
light heads lights, including bollard light, and shall conform to the City's requirement for cut-off
shields. A Special Improvement Lighting District (SILD) will be created prior to final plat
application.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 26 of 31
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
The subdivision application proposes to provide 100% affordable housing, going above and
beyond the required 10%. An additional 20%is used to meet the PUD performance
requirements. More information is available in the application's Affordable Housing Plan and
Conditions of Approval 5 and 6 ensure compliance with the requirements of Article 43 of the
UDC prior to final plat approval and notification of potential future property owners.
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.
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 Hoover Way Subdivision was considered by
the City Commission at a public meeting on February 26, 2018 at which time the Department
of Community Development Staff reviewed the project.
D. Staff entered into the public record the staff report, seven public comment letters, and the staff
presentation for the associated Hoover Way Planned Unit Development application 17546
which included discussion regarding public comment.
E. Tracy Menuez from the Human Resources Development Council provided further detail about
the project and acknowledged agreement with the recommended conditions of approval and
code provisions.
F. The City Commission requested public comment at the public hearing on February 26, 2018.
One member of the public gave testimony during the Preliminary Plat hearing.
G. 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
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 27 of 31
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.
H. The preliminary plat has been found to meet the criteria of Chapter 3 8, 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.
I. 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 19th day of March,2018.
BOZE COMMISSION
A . AN R
Mayor
ATTEST: `' 130
. •
, �
CVO • ��,�
ROBIN CROUGH °
City Clerk ���•• • • • �10 .
Co. APPROVED AS TO FORM:
G G ULLIVAN
City Attorney
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 28 of 31
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 29 of 31
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 residential medium density 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 Desi,-nation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as "Residential. " The "Residential"
classification 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 DESCRIPTIONAND BACKGROUND
The Hoover Way Subdivision Pre-application and Preliminary Plat applications were initially
reviewed by the Development Review Committee in January and April of 2017, respectively. At
that time, wetland delineation work had not been completed to replace the expired delineation
provided at the time the same area of land was included as Phase 4 of the Baxter Square
Subdivision. Upon completion of the wetland delineation, it was revealed that the wetland area
had grown significantly since the prior subdivision review. In addition, as is noted in the
application materials, a buffer of wetland areas offsite is being enforced with this application that
was not included in the prior review.
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 30 of 31
Due to the increased wetland area which would either need to be mitigated offsite or provided
with a 50-foot buffer,the applicants first proposed a Variance application seeking to reduce the
wetland buffer to 20 feet. At the suggestion of Development Review Committee staff,the
applicants withdrew the Variance application and instead submitted a PUD application. The
resulting PUD and subdivision applications create the same number of affordable units as first
proposed with the Variance application and now include added site plan features and maintain no
less than 30-foot wetland buffers.
The subject parcel was created in its current configuration with the recording of Baxter Square
Subdivision P.U.D. —Phases 1 and 2 in 2005 and in 2015, Baxter Square Subdivision Phase 3.
The Plat of Baxter Square Subdivision P.U.D—Phases 1 and 2 included the platting and
dedication of the entire Baxter Square Park and open spaces to meet the parkland requirements
for the entire four phase subdivision and PUD. The subject parcel is depicted on the plat and is
described in the Baxter Square PUD materials as "Phase 4 (Future)". The area of the current
subdivision is also included in the Master Park Plan for Baxter Square Park adopted by the City
May 16, 2005. Prior to the approval of Baxter Square Subdivision Phase 3,the City discovered
that the land used to meet the park requirements for the subdivision and PUD had not been
transferred to the City as is currently required. Prior to approval of Baxter Square Subdivision
Phase 3,this was corrected and it was then determined that Baxter Square Park Phase 3 could
utilize parkland from the prior dedication in Phase 1 and 2. The Phase 3 plat shows a balance of
0.56 acres (24,396.6 SF) of parkland remaining which meets the current parkland requirement
for Hoover Way Subdivision and PUD of 11,659 square feet or 0.27 acres. Drawing from the
remaining parkland in Baxter Square Park after Baxter Square Phase 3, the final remaining
balance will be 0.29 acres (see further information in Appendix B). Conditions of approval#13
and#28 and code provision"I"will ensure that the park requirements are documented with the
final plat and that the proposed subdivision is contributing to the ongoing maintenance of the
park.
APPENDIX C—NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. Per Article 38.40,Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the
notice contained all elements required by Article 38.40, BMC.
Seven public comment letters were received and one member of the public provided testimony at
the preliminary plat hearing. In addition, five people provided testimony during the associated
PUD hearing. The discussion that occurred during the PUD hearing, having been entered into
the public record for the preliminary plat application, contributed to the City Commission's
approval of the preliminary plat. The topics addressed in the public comment include the
following: parkland dedication, impacts to the adjacent subdivision infrastructure and
17117, City Commission Findings of Fact for the Hoover Way Subdivision Preliminary Plat
Application Page 31 of 31
maintenance costs,parking concerns, and wetland impacts. The subject matter of public
comment is addressed under the relevant subdivision review criteria in staff report Section 6.
APPENDIX D - OWNER INFORMA TION AND REVIEWING STAFF
Owner/Applicant: Human Resources Development Council of District IX, 32 S. Tracy Ave.,
Bozeman MT 59715-4659
Representative: Intrinsik Architecture, 111 N. Tracy Avenue, Bozeman, MT 59715 and C&H
Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718
Report By: Addi Jadin, Associate Planner
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential development. In
addition, the affordable housing plan requests use of impact fee subsidies. This project may still
be approved 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.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.