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HomeMy WebLinkAbout18- Findings of Fact and Order - Gran Cielo Subdivision, Application 17522 Page I of 26 17522, Findings of Fact for the Gran Cielo Subdivision Public Hearing Dates: Planning Board, June 5, 2018 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, June 18, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Plat application for a proposed 48.754-acre major subdivision to create 124 residential lots, 3 open space lots, 2 parks and the associated right-of-way. Project Location: The subject parcel is located northwest of the intersection of S. 27th Avenue and Graf Street and legally described as Tracts 3&4 of Certificate of Survey 2725, located in Section 23, Township 2 South Range 5 East. Action: Approval with conditions and code requirements Planning Board 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 17522 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. 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 17522 and move to approve the subdivision with conditions and subject to all applicable code provisions. Staff Contact: Chris Saunders, Community Development Manager Shawn Kohtz,Interim Public Works Director Agenda Item Type: Action(Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1) This project depends on several easements for off-site installation of streets and water mains. The general format of those easements has been agreed between the applicant and the City. The completion of those easements between applicant and other land owners is needed in order to meet all required standards. Conditions 20-22 address this issue. See additional discussion in Section 6 of this report. 17522, Findings of Fact— Gran Cielo Subdivision Page 2 of 26 Project Summary The City of Bozeman Department of Community Development received a preliminary plat application on October 25, 2017, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on February 2, 2018 and March 15, 2018. The application was deemed adequate on March 22, 2018 and review continued. The application was deemed to be adequate prior to the effective date of the recently revised Chapter 38, Unified Development Code. Therefore,this review is based on the regulations in effect on the date it was deemed adequate for review. This subdivision proposes to meet its affordable housing requirement through payment of money instead of construction of housing. This is an allowed alternative. The subdivision provides a mix of lot types to support a variety of housing alternatives within the subdivision. A large central park provides the required neighborhood center. Planning Board The Planning Board held its public hearing on June 5, 2018. Two members of the public offered testimony. See Appendix B. The Planning Board recommended approval of the subdivision on a vote of 7-0. A recording of the Planning Board is available at https://www.bozeman.net/services/city-tv-and-streamin -ag_udio. TABLE OF CONTENTS EXECUTIVE SUMMARY............................................................................................................ 1 Unresolved Issues ............................................................................................................... I ProjectSummary.................................................................................................................2 PlanningBoard....................................................................................................................2 Alternatives........................................................................Error! Bookmark not defined. SECTION I -MAP SERIES ..........................................................................................................4 SECTION 2—REQUESTED VARIANCES ................................................................................. 8 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 12 SECTION 5 -RECOMMENDATIONS AND FUTURE ACTIONS.......................................... 13 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 14 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 14 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16 Preliminary Plat Supplements........................................................................................... 19 17522, Findings of Fact—Gran Cielo Subdivision Page 3 of 26 SECTION 7—FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS.........................22 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY...................................... 24 APPENDIX B— NOTICING AND PUBLIC COMMENT........................................................25 APPENDIX C - OWNER INFORMATION................................................................................ 25 FISCALEFFECTS.......................................................................................................................26 ATTACHMENTS.........................................................................................................................26 17522, Findings of Fact— Gran Cielo Subdivision Page 4 of 26 SECTION 1 -MAP SERIES �t 'R-4 R-3 Legend 0 Planning Project Parcels —1V-G RA F-ST- Roads Alleys City Limits Q Zoning Districts Gran Cielo Major Subdivision Proposed Preliminary Plat Application 17522 Submitted 10/25/2017 BOZ E MAN"' '^�_�� /1 Planning 17522, Findings of Fact— Gran Cielo Subdivision Page 5 of 26 RI MINGTON-WAYS` �[ ; 11' Cl RIND � P L I s,rl crl •1(n. RENA U :Irks DR - SP j� i Ln W-GRAD-ST .s I S0l;1IIBRID(;L DR f,cz1 ...hUKK'DIl G/ R `3 J:ICORS til' UANCE DR Legend - Planning Projects selection ParcelsC� CHIPS I S'1 Roads Alleys f I City Limits ; ...... RLACKNODD.RD......... .............IiI,;AC:KUn.xDL Q Zoning Districts 1 T:u rapv,-.n oP.�!ed b/1-n Gran Cielo Major Subdivision uv a tso:emsn Ftann:!a GG.Ivon - Proposed Preliminary Plat Rn:,�,tos,:en Application 17522 Mr B O Z E M A N t tmn=e33rcct Extended Vicinity Map� Planning 17522, Findings of Fact— Gran Cielo Subdivision Page 6 of 26 Legend C3 Planning Project Parcels Roads Alleys City Limits Community Plan Future Land Use Residential Residential Emphasis Mixed Use Suburban Residential Regional Commercial and Services Community Core Community Commercial Mixed Use Business Park Mixed Use Industrial Public Institutions N' G RAF 5P Parks.Open Space and Recreational Lands I Other Public Lands Golf Course Present Rural ���y�xar� bfr° Gran Cielo Major Subdivision cey of tfoie"n _ Aa ig DM ion Proposed Preliminary Plat newee r,.9rro,� Application 17522 Submitted 10/25/2017 BOZ E MANMT 11nre=:-'0 fe�a A Planning 17522, Findings of Fact—Gran Cielo Subdivision Page 7 of 26 GRAN'C'.IELOSUBDIVISION SITUATED IN THE E1.-'.NEF4NWU•IAT:D1'IIE -- til'.INNtY'ILK'OFSECTIUN�3,'1'ON'NSHIYTMTt.171, RANUE t EAti T,P M.M. CITY OF WZFAIAN,(;AIA-ATIK COLINM MONTAN.4 11.6T I{I'TR,LNiC:I:R i r +� , ICTi ARL4 I LICADL'UACT3. 3R-,U4 5� l955 ACRES WS!-Z'.TiACTa 1. oK'"'451 Jrn5 ACRES r I _ - 1_ _ E'�''�C'-,z� � •+'��::: opa�i+x � 1-= J t-l,.�...,•} �_ I i - I IhIYI`I IIX�cr - I i aNV' I '� 1F �,r•.. it __� a. �_ I _�__=_•9_,t'—c __����e__—,'sj—J _�_-� -__ I i L V�'_�`��N''rS4`-i 31 (— T. SA 17522, Findings of Fact— Gran Cielo Subdivision Page 8 of 26 SECTION 2-REQUESTED VARIANCES There was one variance regarding block length requested with this subdivision application. In the course of review and revisions, it was determined that the variance was not required. Therefore, there is no material provided for the variance and no analysis of variance criteria. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Conditions of Approval: 1. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include three(3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent);two (2) digital copies; one (1)PDF copy; and five(5)paper prints. The Gallatin County Clerk&Recorder's office has elected to continue the existing medium requirements of 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 must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf)of the entire Final Plat submittal. This narrative must in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet,note, covenant, etc. in the submittal. 3. 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. 4. The final plat must provide 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. Any rear or side yard utility easements not provide will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 5. Should the subdivider propose subdivision perimeter fencing or fencing adjacent to the open space or public parks, a fencing plan that includes plans and specifications to fence the perimeter of the project must be provided for review and approval prior to final plat approval. Fences located in the front, side or rear yard setback of properties adjacent to 17522, Findings of Fact—Gran Cielo Subdivision Page 9 of 26 any park or open space must not exceed a maximum height of 4 feet, and must be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types must be addressed and illustrated in the home owner's association documents. 6. Trees may not be located within 10 feet of sewer and water services. Sewer and water services must be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 7. Property owner's association documents must address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at 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. 8. The final plat must include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A,B,C,and D.unless specifically listed in the Certificate of Dedication,the city accepts no responsibility for maintaining the same.I, (Subdivider),hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number (To be filled in when recorded) By: (Subdivider) Date: 9. Deeds and realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 17522, Findings of Fact— Gran Cielo Subdivision Page 10 of 26 10. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. Locations must provide for accessible access. 11. The final plat must contain the following notation on the conditions of approval sheet in the final plat: "Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands must be that of the property owners' association. Maintenance responsibility must include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to 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 must be responsible for levying annual assessments to provide for the maintenance,repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for the subdivision,the subdivider must transfer ownership of all common open space to the property owners' association created by the subdivider to maintain all common open space areas within the Pine Meadow Subdivision. 12. A conditions of approval sheet must be added to the plat. 13. 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. 14. Covenants, Conditions, and Restrictions a) The property owners association shall be created for the entire property with the first platting so that all elements of common maintenance are included. 15. The special improvement lighting district for the entire subdivision shall be formed with the initial final plat. 16.No basements or crawl spaces may be constructed within the subdivision.An advisory note to this effect shall be added to the Conditions of Approval sheet. 17. The applicant must adjust the draft note to the plat indicating, "The Homeowner's Association(HOA) is responsible to maintain all stormwater facilities located in the common open space." 18.A signed waiver of right to protest a city-wide park maintenance district shall be completed for filing with the final plat. 19.Any well, including the equipment and associated permitting, used for open space or park irrigation must be transferred to the City or Home Owners Association as applicable. 17522, Findings of Fact—Gran Cielo Subdivision Page 11 of 26 20. Easements meeting City standards must be provided to the City and executed prior to commencement of infrastructure construction for Graf Street, S. 27th Avenue, Bennett Boulevard, and South 29th Avenue. 21. The full street section for S. 27th Avenue must be constructed to the northern boundary of phase 1 as shown on the preliminary plat prior to final plat approval for Phase 1. 22. The applicant must either construct the full section of S. 27th Avenue upon construction of Phasing beyond Phase I on the applicant's property, or,the subdivider must construct half of the S.27th Avenue on the applicant's property as indicated on the preliminary plat and provide to the city a 45 foot-wide public street and utility easement from the adjacent property owner that would allow S. 27th to be constructed 45 feet further to the east than is shown on the preliminary plat providing a total width of 90 feet. The off-site 45-foot wide public street and utility easement for S. 27th located north of Phase I must be guaranteed to be provided upon sale or transfer of the adjacent property. 23. The applicant must construct a looped water system to provide redundant water connection to the proposed project as well as increase the capacity of the existing water mains to accommodate the proposed demands from the project. The proposed dead-end water system with only one connection at the intersection of S. 27th Avenue and Graf Street does not constitute a looped water system. The water main connection to Kurk Drive proposed with the revised submittal is an acceptable alignment. Alternate alignments may be accepted. An easement meeting City standards must be provided to the City and executed prior to commencement of infrastructure construction for the looped water main. 24. 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 W. Graf Street including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to S. 27f Avenue including paving, curb/gutter, sidewalk, and storm drainage c) Street improvements to Stucky Road including paving, curb/gutter, sidewalk, and storm drainage d) Street improvements to Fowler Lane including paving, curb/gutter, sidewalk, and storm drainage e) Street improvements to S. 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage f) Intersection improvements to Graf Street and 27th Avenue g) Intersection improvements to 27th Avenue and Stucky Road 17522, Findings of Fact— Gran Cielo Subdivision Page 12 of 26 h) Intersection improvements to Stucky Road and S. 19th Avenue i) Intersection improvements to Graf Street and S. 19th Avenue j) Intersection improvements to Stucky Road and Fowler Lane k) Intersection improvements to Graf Street and Fowler Lane 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. SECTION 4- CODE REQ UIREMENTS REQ UIRING PLA T CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. Bozeman Municipal Code (BMC) 38.24.010.A states: All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent,width, grade and location of all streets shall be considered in their relation to existing and planned streets,to topographical conditions,to public convenience and safety, and to the proposed uses of the land to be served by such streets. • The applicant's proposed half street section for S. 27th Avenue does not include curb and gutter with installation of the half street. The applicant must construct curb and gutter on both sides of the half street section of S. 27th Avenue. 2. BMC Section 38.23.060.A states: Where determined to be necessary,public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. The applicant must provide executed street and utility easements for all offsite streets prior to commencement of construction of any public infrastructure including the following: • Graf Street • S.27th Avenue • S. 29th Avenue • Bennett Boulevard • Apex Drive 17522, Findings of Fact— Gran Cielo Subdivision Page 13 of 26 3. 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. The applicant must construct a looped water system to provide redundant water connection to the proposed project as well as increase capacity in the water system to accommodate the proposed demands from the project. 4. BMC Section 38.23.060.C.1 States: A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. The applicant must provide any necessary, executed off-site utility easements for looping the water system prior to commencement of construction of any public infrastructure. 5. There are several minor grammatical errors in the certificate of dedication and certificate of exclusion from DEQ review. Please correct the errors. 6. BMC 38.39 requires that any financial securities for improvement agreements must be valid for longer than the period of the work. 7. BMC 38.43 requires provision of price limited affordable housing. The applicant has proposed to meet this requirement with payment of money. Compliance is proposed to occur coincident with phased final plat filings. Updated values shall be calculated at the time of each final plat. SECTION S-RECOMMENDATIONS AND ACTIONS The DRC determined that the applications are adequate for continued review and recommended approval with conditions on March 22, 2018. 17522, Findings of Fact— Gran Cielo Subdivision Page 14 of 26 The Planning Board conducted a public hearing on the related subdivision and recommends approval to the City Commission.Public hearing date for the Planning Board was June 5,2018. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 7:00 pm. Public hearing date for the City Commission was June 18,2018. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. SECTION 6-STAFFANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria,Section 38.03.040,BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition of Approval No. 1,the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. Condition of approval 12 requires addition of a conditions of approval sheet so that the required notations can be added as required by conditions or code. 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. Staff recommends Conditions No. 2-4, 9, and code requirements 1-4 and 6- 7 to address necessary documentation and compliance with adopted standards. 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 October 25, 2017. The application was reviewed and found inadequate for further review on November 18, 2017. Revised materials were submitted on 17522, Findings of Fact— Gran Cielo Subdivision Page 15 of 26 February 2,2018.The application was reviewed and found inadequate for further review on March 1,2018.Revised materials were submitted on March 15,2018.The application was found adequate for review on March 22, 2018. Public hearings were scheduled on April 4, 2018. 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 and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board forwards a recommendation of approval to the City Commission who will make the final decision on the applicant's request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 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 July 12, 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 B.Public comment received as of the issuance of this staff report is summarized in Appendix B. On May 30, 2018, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. A revised staff report was submitted to the City Commission on June 6, 2018. The required public hearing prior to decision was held on June 18, 2018. After conducting the public hearing the Commission approved the subdivision on a vote of 5-0. 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 if all code requirements are satisfied. 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, must 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. Code Requirements 1, 2, and 4 require performance of these obligations as do Conditions 20-23. There are several easements necessary to provide necessary connections to water and sewer services and to meet the transportation connections required by Article 38.24,BMC.These include easements for Graf Street extension to the west for the southern half of the street; a connection of S. 27th to Stucky Road; and the creation of the western section of Bennett Boulevard. The required 17522, Findings of Fact— Gran Cielo Subdivision Page 16 of 26 easements are located outside of the bounds of the area to be subdivided; and therefore cannot be dedicated with the plat. These easements are necessary to meet the requirements to extend streets to adjacent boundaries, avoid half-streets,and provide emergency access as required in 38.24.010,BMC.These easements must be provided prior to the City's approval of any infrastructure construction or else this application cannot meet the requirements of 38.23.060 and 38.23.070 of the municipal code and the application cannot be approved. See conditions 20-23 for actions to meet these requirements. The City has established minimum widths for streets of various classifications. The required easements and streets must be of proportions and character to complete the widths established by the long range transportation plan and municipal code as established in 38.24.050,BMC. 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 proposed public streets required to be constructed to City standards per 38.24 and associated design standards. Construction of these streets relies upon off- site easements for S.27th,Graf Street,and Bennett Boulevard.If these easements are not provided, then the requirements are not met and the application cannot be approved. 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. Conditions 20-22 require provisions of the necessary off-site easements to meet the legal standard for legal and physical access. The construction of W. Graf will be a full cross section. The construction of S. 27th Avenue will occur with differing cross sections. The southern portion adjacent to Phase 1 must be constructed as a full width cross section to provide the necessary two way access to the site to meet City standards. The portion adjacent to Phases 2 and 4 will be constructed on the western side of the right of way. There is an existing home to the east of this area. The applicant is working to obtain a necessary easement for the eastern width of the S. 27th Avenue right of way. If that easement is not available the alignment of 27th will need to shift to the west.Proceeding north from the end of Phase 4, s. 27th will follow the alignment of the existing utility easement. It will be paved for two lane traffic but will not be developed as a full street with curb and gutter. This will provide that S. 27th will connect between Graf Street and Stucky Road which will provide the necessary secondary access for emergency services. Primary 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 annexed but vacant since 2007. The soils are primarily Turner Loam. 17522, Findings of Fact— Gran Cielo Subdivision Page 17 of 26 2) The effect on Agricultural water user facilities Agricultural water user facilities are along the western edge of the subdivision. The ditch serves properties to the north. The City of Bozeman Community Plan designates the subject property as a residential area. The area is zoned for residential development, and has begun to develop in all directions despite the adjacent County properties immediately to the west. The applicants have contacted the beneficiaries of the ditch and the beneficiaries have no objection to the proposed development. 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 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. Irrigation facilities to support the proposed parks must be transferred to the City. The application includes correspondence from DNRC in Supplement C that the property has two authorized wells existing on the property. Condition 19 requires the transfer of the well and equipment. Conditions 22 and 23, and Code requirement 2 and 3 outline the required completion of easements and physical installation of water and sewer mains. The applicant must construct a looped water system to provide redundant water connection to the proposed project as well as increase capacity in the water system to accommodate the proposed demands from the project. The initial application showed a proposed dead-end water system with only one connection at the intersection of S. 27th Avenue and Graf Street does not constitute a looped water system. The revised application depicted a water main connection to Kurk Drive in an acceptable location aligned with South 30th Avenue. At the Planning Board hearing,the applicant's representative shared that the South 30th alignment was no longer proposed as the landowner was not willing to grant the easement for the water main. An alternate route is proposed to connect to the water main in Enterprise Boulevard. The landowner of that property offered public testimony that they supported the project.An Easement meeting City standards must be provided to the City and executed prior to plan and specification approval and commencement of infrastructure construction for the looped water main as the submitted materials shows the water main loop constructed at least in part outside the bounds of the proposed subdivision. 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 Graf Street, Cielo Way, and Bennett Boulevard to provide east to west connectivity. Several north to south streets, notably S. 27th Avenue are provided. Example easements are provided for Graff, Bennett, and S 27th to place the streets in locations serving both this development and adjacent properties. The project is well connected as proposed. Conditions 20 -22 require provision of the necessary easements prior to approval of plans and specifications and any commencement of construction as the submitted plat shows 17522, Findings of Fact— Gran Cielo Subdivision Page 18 of 26 these streets being constructed least in part outside the bounds of the proposed subdivision and secondary access to Stucky Road is proposed in the revised submittal materials. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Condition 15 ensures that the SILD will be formed and effective before final plat. The requirement for a single SILD will simplify long term maintenance of the street lights and provide a cost that is more equitably shared. 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. The certificate of dedication for the final plat will list specific duties for maintenance. Police/Fire—The area of the subdivision is within the service area of both these departments.No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. 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. Condition 17 ensures this will be carried through the final plat. Parklands-The proposal meets the required park dedication and improvement standards. The Recreation and Parks Advisory Board recommends approval of the park master plan and the location and scope of improvements with minor adjustments. A final park plan will be completed and approved with the initial final plat. The proposed park plan includes dedication of land with additional improvements to meet the total obligation.Plans and specification review by the Parks Department will occur before installation of any work.Preliminary Plat supplement P contains the park plan and demand calculations. The two park areas of 4.24 and 1.85 acres provide physical space for recreation. The additional 1.42 acres equivalent to be met with improvements in lieu of land will create more functional parks immediately to provide improved recreation functions for the residents. Additional park mitigation may be required as the multi-household parcels are developed. Should such occur, there are additional items in the proposed park master plans that can further enhance the dedicated land. Section 38.27.100 authorizes the City to require waivers of right to protest creation of park maintenance districts. The new development will create two new parks with associated maintenance requirements. The residents will also be able to use other public parks throughout the City. A park maintenance district facilitates maintenance in a manner that is proportionate to demand. The state recently changed the laws regarding creation of special districts.A waiver recorded with each phased final plat will ensure that the waiver is correctly drafted to meet state law requirements. 17522, Findings of Fact—Gran Gelo Subdivision Page 19 of 26 4) The effect on the Natural environment Wetlands exist along the property boundary to the west which are related to the adjacent irrigation ditch. Such wetlands are not protected by City of Bozeman regulations. There are small areas of wetland onsite 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. 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 19 requires that necessary ownership and rights be transferred to the HOA or City as appropriate. 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. Condition 16 prohibits use of basements or crawl spaces and requires addition of a notation of this restriction on the condition of approvals sheet. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat The site has been substantially impacted already, which has reduced wildlife habitat. There are no known endangered or threatened species on the property. Comment from state FWP found no immediate negative effects but noted proximity(2 miles)to elk winter range and recommending buffering from watercourses.No federal agencies comment was received with the exception of the approval for wetland impact from the Army Corps of Engineers. 6)The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on August 28, 2017. With the pre-application plan review application,waivers were requested from the materials required in Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements." Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 17522, Findings of Fact— Gran Cielo Subdivision Page 20 of 26 38.41.060.A.1 Surface Water There are irrigation ditches and wetlands on or adjacent to the property. The necessary approval from the Army Corps of Engineers has been received to modify or remove the wetland and from the ditch beneficiaries to pipe the ditch. 38.41.060.A.2 Floodplains There are no designated floodplains 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 3-6 feet.Adjacent development has experienced very high groundwater with negative impacts on individual homes and the City and it is reasonable and probable that similar events would happen in this development. The geotechnical report from the Meadow Creek Subdivision also included this area and concluded similar conditions existed here with depths as shallow as two feet. Condition 16 restricts basements and crawl spaces for this reason. 38.41.060.A.4 Geology, Soils and Slopes A new report was not required. The area was considered as a possible phase on an earlier development. Plat supplement D provides details.No substantial restrictions on development on site are indicated. 38.41.060.A.5 Vegetation No substantial native vegetation was identified. Some overstory is present along ditch corridor. The area has been substantially disturbed for agriculture which has displaced most original plants 38.41.060.A.6 Wildlife See comments above under Criterion 5. 38.41.060.A.7 Historical Features No notable features are on the site. 38.41.060.A.8 Agriculture See discussion above under primary review criteria. 38.41.060.A.9 Agricultural Water User Facilities See discussion above under primary review criteria. 38.41.060.A.10 Water and Sewer See discussion above under primary review criteria. The required design report has been provided.Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 17522, Findings of Fact—Gran Cielo Subdivision Page 21 of 26 38.41.060.A.11 Stormwater Management See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction. 38.41.060.A.12 Streets, Roads and Alleys See discussion above under primary review criteria. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.41.060.A.14 Educational Facilities Required materials are provided. Adequate capacity appears available. 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 See discussion above under primary review criteria. 38.41.060.A.17 Neighborhood Center Plan Provided by creation of the central park. Additional features within the park are identified in Supplement Q. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.13, BMC. All street lights installed must use LED light heads and must conform to the City's requirement for cut-off shields as required by the City's specifications. A Special Improvement Lighting District(SILD) will be created prior to final plat application. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing The subdivision application proposes to meet the requirements for price controlled affordable housing set by 38.43,BMC by payment of money. This is an allowed alternative for compliance. The applicant proposes to make necessary payments with each phase of development. This is acceptable. 17522, Findings of Fact— Gran Cielo Subdivision Page 22 of 26 The City has recently updated its affordable housing pricing alternative. The result is a substantial reduction in the cost to this project.A memo from the Affordable Housing Manager was provided to the City Commission summarizing the current pricing structure and anticipated obligation from this development.As provided in the ordinance, each phase will recalculate costs at time of final plat for each phase and the then current amount will be due. The ordinance allows several alternatives to meet the required outcome. The preliminary approval of this plat does not bind the applicant to use or another alternative or combination of alternatives. The Affordable Housing Manager has considered the proposed project and provided an estimated amount needed for each phase. Compliance will be verified with each final plat. If phasing is changed then the proportion of affordable housing provided must adjust equally. Final costs of the payment per affordable dwelling will be determined at the time of each final plat. SECTION 7—FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38,Article 3,BMC, and other applicable sections of Chapter 38, BMC,public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. 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 was considered by the City Commission at a public hearing on June 18,2018 at which time the Department of Community Development Staff reviewed the project and summarized the public comment submitted to the City prior to the public hearing. D. Greg Allen of Cadius Partners,LLC acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on June 18,2018 and one member of the public offered testimony for or against the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33,BMC, and considering all matters,of record presented with the application and during the public comment period defined by Chapter 38,BMC,the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore,being fully advised of all matters having come before her regarding this application,the City Commission makes the following decision. 17522, Findings of Fact—Gran Cielo Subdivision Page 23 of 26 G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 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. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625,MCA. The preliminary approval of this subdivision shall be effective for three (3)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 16th day of July, 2018 BOZEMAN CITY COMMISSION Z C S MEHL Deputy Mayor ATTEST: �g B 02'' to ROBIN CROUCH City Clerk ._ill•, 1��3 ,• APP D AS O FORM: GRE ULLIVAN City Attorney 17522, Findings of Fact— Gran Cielo Subdivision Page 24 of 26 APPENDIX A PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential Medium Density District) and R-4 (Residential High 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. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings,two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character,while reducing the adverse effect of nonresidential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use,measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Adopted Growth Policy Designation: 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 17522, Findings of Fact—Gran Cielo Subdivision Page 25 of 26 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 — 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. Three written public comments were received before the Planning Board public hearing began. Two were from the same person (Kerwick) and addressed the participation of Gran Cielo in infrastructure funding in the area.At the public hearing, (Ullman) a representative of Kerwick indicated that they had resolved their concerns with the project and no longer requested the proposed changes to Condition 23. The other written comment was from Hill and addressed the need for additional commercial services in the southwest quadrant of the community.All written comments were provided to the Planning Board. Two oral comments were offered at the Planning Board public hearing. Ullman spoke regarding resolution of the Kerwick comment. Bennett, adjacent landowner, spoke in favor of the project. One written comment was received after the Planning Board and before the City Commission hearing.A copy was provided to the Commission and discussion of each raised issue was had before the City Commission made their decision. One oral comment was provided at the City Commission public hearing. The video of both public hearings is available at htips://www.bozeman.net/services/city-tv-and-streaming-ag udio. APPENDIX C- OWNER INFORMATION Owner: Bozeman Haus LLC, c/o CP Manage LLC 8401 Wagon Boss Road Bozeman MT 59715 17522, Findings of Fact— Gran Cielo Subdivision Page 26 of 26 Applicant: Cadius Partners LLC 8401 Wagon Boss Road Bozeman MT 59715, Representative: Madison Engineering 895 Technology Boulevard Suite 203 Bozeman MT 59718. FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street,Bozeman,MT 59715.