Loading...
HomeMy WebLinkAbout18- Findings of Fact and Order - PT Land Phase 3 Minor Subdivision Preliminary Plat, Application 17315 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the PT Land Phase 3 Minor Subdivision Preliminary Plat, Application 17315 Public Hearing Date: City Commission public hearing was held July 16, 2018 at 6:00 pm. Project Description: A subsequent minor preliminary plat application to allow the subdivision of a 32.51 acre restricted development lot to create two lots for commercial development, two common open space lots and one restricted development lot, and dedicate rights of way within the boundaries of the PT Land Planned Unit Development. Project Location: The properly is legally described as Lot 6A of the PT Land Phase 2 Minor Subdivision, located in the NW 1/4 of Section 1,Township 2 South,Range 5 East, P.M.M., City of Bozeman, Gallatin County,Montana. The property is zoned B-2, Community Business District. Action: Approval with conditions and code provisions. 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 17315 and move to approve the PT Land Phase 3 Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions." Report Date: July 31, 2018 Staff Contact: Brian Krueger,Development Review Manager Agenda Item Type: Action(Quasi-judicial) 1731 S Findings of Fact for the PT Land Ph. 3 Minof•Subdivision Prelinritrary Plat Page 2 of 26 EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application requesting a subsequent minor subdivision from a 32.5 acre restricted development lot to create two commercial development lots totaling 8.24 acres, dedicate 3.3 acres of right of way, create 7 acres of open space, and restrict a 13.93 acre future subdivision lot. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On May 24,2018,the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The proposed subdivision conforms to the PT Land Planned Unit Development Z-06230 that the City Commission approved in 2006. The subdivider did not request any subdivision or zoning variances with this application. Staff did not receive any written public comment on the application.No members of the public spoke at the public hearing review. The City Commission voted 4:0 at its July 16, 2018 public meeting to approve the subdivision with the recommended conditions and all applicable code provisions. This report includes the oral findings made by the Commission and Staff in Sections 7 and 8. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by August 20, 2018. Commission Action The Bozeman City Commission held a public hearing on Monday, July 16, 2018 to review the application and hear public testimony.No public comment was received at the July 16,2018 public hearing. The City Commission discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and reviewed the application against the requirements of the Montana Subdivision and Platting Act. The Commission found that,with conditions,the Minor Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for Application 17315 and unanimously voted to approve the preliminary plat application,with the conditions as outlined in the staff report and one amended condition, 4:0. Mayor Andrus was absent during the July 16, 2018 meeting. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 3 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 UnresolvedIssues. .............................................................................................................. 2 ProjectSummary................................................................................................................. 2 SECTION 1 —MAP SERIES.......................................................................................................... 4 SECTION 2—REQUESTED VARIANCES ................................................................................. 7 SECTION 3 —CONDITIONS OF APPROVAL............................................................................ 7 SECTION 4—CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS..................... 10 SECTION 6 —RECOMMENDATIONS AND ACTIONS.......................................................... 12 SECTION 7—STAFF ANALYSIS and findings......................................................................... 12 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC..................... 12 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15 Preliminary Plat Supplements........................................................................................... 17 SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 22 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 25 APPENDIX B—DETAILED PROJECT DESCRIPTION .......................................................... 25 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 26 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 26 FISCAL EFFECTS....................................................................................................................... 26 ATTACHMENTS......................................................................................................................... 26 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 4 of 26 SECTION 1 -MAP SERIES SISWANDMILL&LN r,T_ Aj(�477ml! 90 r \ I ` 1 R-2 'i - - PATRlcx _ST • Legend 0 Selected Prujucl Parcels z x = 1 Roads Alleys City LlmilS a W Q Zoning Districts Exhibit I —Zoning 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 4 of 25 BA r>•:Iz LN 1 4w MANDEN,ILLE L\ r �yT LN a Rsr�T�90 90�i . r r I Legend 0 Selected Project 1':�TRIEK ti 1' �a Parcels - Roads F Alleys .r ic City Limits � 7. Community Plan future Land Use Residential Residential Emphasis Mixed Use Suburban Residential r: ® Regional Commercial and Services `. Community Core Community Commercial Mixed Use i Business Park Mixed Use ., Industrial rL Publ c Institutions y Parks.Open Space and Recreational Lands Other Public Lands Golf Course Present Rural — \Y OAK ST — Exhibit 2—Community Plan future land use 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 4 of 25 PRELIMINARY PLAT OF PT LAND SUBDIVISION PHASE 3 LOT 6A OF PT LAND PHASE 2 SUBDIVISION LOCATED IN THE NWV%of SECTION 1, FOR: MONTANA KEYS]ONE VENTURES,LLC DATE: APRIL,201; TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M., 17 LOCK'•JOOD DRIVE,STE.400 CITY OF BOZEMAN,GALLATIN COUNTY, MONTANA CHARLESTON,SC 29401-1155 AMA SWVAAV ,•,np,��, � `'�� [i,Q55 A91:A t.l•9,1J/CI, }?.•.10 ACFfS ti.r.Y�Bi FO W• ,•t07 9�0 ACWLS NZ AiFI: I,iT;175!!S.F.s 29.703 AGILS •\ w,w.r air.+ "e "" •a V�bS ,'1' R-47E279' CA-N537C'SL'W a-Iw.rr / . i nIW24-W ef S � � t.�� �` t. Lam_-.`+� '•, ra rtin %�� �nY+Ss+ ti` V OQ.N0997JI'M f I rkwal Cp rditiL'� uAeIrWw i - ��P��!r1 � r f�,,., ��, � �� y� � `� 1 % � � a�istr� �..S.Y•,R7,3 0 •:F� \ \ '•�� ,.179a'y'.- l'L;!Fr I 'jl:� aY' o^.'v—''( f'=�� C. r-: -J � , ! 1 m-,w�cgrys'r� 1 i \ 6-In.IB. 11 �l; J1 rw.anisln, � m DLCCK j 'a� �(• f MW a I u._r�w."ate•. J t.t ` .:1,•r.F; S i Il.a..xr lnan�ti ar t l ._—'"�\ `X i dl _1 1', 1 ''��O.FrPoV/4T ',•, y,"�, l l "�-' 1�1� �L . --__�•� I • ' .�� 1•' � ♦ j ......... �—`�. Y --- _---_.-- ----•- .— •I ItYY•4 J `aiA➢rY Ir71 rl !i 1�1l I cu auu or oM v / 7aJ / 1 I -i:a) I.I!Lt? wv4Y MAW Jok • - -- -- - `' Exhibit 3—Preliminary Plat 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 4 of 25 SECTION 2—REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 — CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. The remainder Lot 4 of Block 3 of the PT Land Subdivision Phase 3 must be platted as an undevelopable lot in accordance with Section 38.270.030 BMC, with the following language placed on the undevelopable lot of the final plat: "Lot development subject to further subdivision review." No public improvements shall be required for the undevelopable lot until it is subdivided as a lot not subject to this restriction. This language must be placed on the conditions of approval sheet of the final plat or in a separately executed document to be recorded with the final plat: "NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 4, Block 3 of the PT Land Subdivision Phase 3, City of Bozeman, Gallatin County, Montana,that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THREREFORE, BE ADVISED,that Building Permits will not be issued for Lot 4, Block 3 of the PT Land Subdivision Phase 3, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." 4. The applicant must include a note on the conditions of approval sheet of the plat regarding high groundwater conditions prior to final plat approval, "The proposed development falls within a known area of high groundwater.No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be 1731 S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliininaly Plat Page 8 of 26 connected to the drainage system. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." 5. If not already filed with the planned unit development,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 Baxter Lane b. Street improvements to Oak Street c. Intersection improvements to N. 15th Avenue and Baxter Lane d. Intersection improvements to N. 19th Avenue and Baxter Lane e. Intersection improvements to N. 7th Avenue and Oak Street f. Intersection improvements to N. 7th Avenue and Baxter 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. 6. The final plat must include a note advising the property owners' association of its responsibility for maintenance of the private street along the east boundary of Lot 1,Block 4 and Lot 2, Block 4 between Baxter Lane and Tschache Lane. 7. The City will accept ownership of the following improvements and will maintain these improvements in perpetuity,which must be called out on the Certificate of Consent and Dedication: a. Tschache Lane and associated stormwater sanitary sewer mains in the dedicated right of way; b. Baxter Lane and associated stormwater sanitary sewer mains in the dedicated right of way; c. N.15th Avenue and associated stormwater sanitary sewer mains in the dedicated right of way; d. All water mains; e. All sanitary sewer mains. 8. The final plat shall contain the following notation on the conditions of approval sheet: "Ownership of all common open space areas, 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 common open space, 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 I73I S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 9 of 26 adjacent to public parks or other common open space areas. 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. At the same time of recording the final plat the subdivider must transfer ownership of all common open space areas to the property owners' association in order to maintain all common open space areas within the subdivision." 9. Per the approved PT Land PUD, Application Z-06230 Common Open Space 1, Block 5 must be publicly accessible as PUD performance points were granted in that entitlement based upon public accessibility. A public access easement for the Common Open Space 1, Block 5 must be provided as a separate document at final plat describing the scope of the grant of easement and naming a custodian of the public's interest in the easement. The final plat must be updated to note this lot as public access per the associated easement. 10. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider(or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners' association all open space proposed to be conveyed to the property owners' association and all its right,title, and interest in any improvements made to such 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 owners' 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 owners' 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. 11. 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. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the PT Land Phase 3 Subdivision. As each final plat within the PT Land Phase 3 Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as restricted development lots shall not be assessed a fee or if it is determined that a fee must be charged to restricted development lots the lot shall be assessed as a single lot. 12. All necessary utility easements must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from utility companies providing service indicating that rear or side yard easements are not needed. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Prelindnary Plat Page 10 of 26 SECTION 4— CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS All references below to the Bozeman Municipal Code. A. The final plat must contain updated references to the newest version of the Unified Development Code, Chapter 38 of the Bozeman Municipal Code (BMC), effective March 31, 2018. B. BMC 38.240.450 requires a certificate of completion of improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. C. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. These will include landscaping in common open space 1, block 5 and common open space 2, block 2. D. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips and adjacent to public parks or other open space areas is required prior to the final plat application of that phase. E. BMC 38.400.050 states: All streets and roads providing access to, and within,the proposed development must meet the following standards: 1. Right-of-way width and construction standards contained in this chapter: the most recently adopted long range transportation plan; the City of Bozeman Design Standards and Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard Specifications. The applicant is responsible for the local share of upgrades to Baxter Lane including curb and gutter on both sides of Baxter Lane and sidewalk on the southwest side of Baxter lane adjacent to the property boundary. The local share also includes utilities and any necessary engineering and permitting for the improvements. The applicant must be pay cash-in-lieu of infrastructure for upgrades to Baxter Lane per BMC 38.270.070 prior to final plat approval. F. BMC 3 8.410.040.13 states: Block length shall not be designed,unless otherwise impractical,to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. The applicant's preliminary plat drawing indicates construction of the private north/south street to be constructed with the subdivision. However, the preliminary engineering plans indicate the private street will be constructed upon future site plan development. The private street must be constructed with the subdivision improvements. G. BMC 38.410.070.A.1 states: The developer must install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.350.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems must 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 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 11 of 26 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 must 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's preliminary plat drawing indicates construction of the private north/south street and associated water main loop to be constructed with the subdivision. However, the preliminary engineering plans indicate the water main loop will be constructed upon future site plan development. The water main loop must be constructed with the subdivision improvements. H. BMC 38.410.060.A states: Where determined to be necessary,public and/or private easements must be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. a. The applicant must obtain an offsite public street and utility easement for completion of N. 15th Avenue near the intersection of Patrick Street and N. 15th Avenue prior to final plat approval. b. The applicant must provide all other executed easements defined in the preliminary plat application prior to final plat approval. c. The applicant must provide any necessary easements, or alternatively, right- of-way dedication, for improvements to Baxter Lane prior to final plat approval. I. BMC 38.410.130 requires transfer of water rights or the payment of cash-in-lieu(CIL) of water rights must be provided. The applicant must contact the City Engineering Division for an analysis of CIL of water rights for the proposed project. The applicant must pay any CIL of water rights due prior to final plat approval. J. BMC 38.410.080.A states: The developer must 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. a. The applicant must provide a stormwater maintenance plan for all elements of stormwater infrastructure not located in public right-of-way and include that maintenance plan in the property owners' association documents prior to final plat approval. b. The property owners' association must maintain all stormwater infrastructure not in the public right-of-way. The applicant must include 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 12 of 26 language in the property owners' association documents referencing the stormwater maintenance plan. Additionally, the applicant must include a note on the plat to the effect that the property owners' association is responsible to maintain all stormwater infrastructure within the subdivision not located in public right-of-way. SECTION 6—RECOMMENDATIONS AND ACTIONS The Development Review Committee (DRC) reviewed the proposed minor subdivision preliminary plat application and determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on May 24, 2018; and as a result, found that the application, with the recommended conditions of approval and required plat corrections, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission held a public hearing on this minor subdivision preliminary plat on July 16, 2018. The meeting was held at 121 N. Rouse Avenue, Bozeman. The meeting began at 6 p.m. No public comment was received at the July 16, 2018 public hearing. The City Commission discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and reviewed the application against the requirements of the Montana Subdivision and Platting Act. The Commission found that, with conditions, the Minor Subdivision Preliminary Plat Application would comply with those requirements; and adopted the findings presented in the staff report for Application 17315 and unanimously voted to approve the preliminary plat application, with the conditions as outlined in the staff report and one amended condition, 4:0. Mayor Andrus was absent during the July 16, 2018 meeting. SECTION 7—STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e,BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 13 of 26 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition of approval No. 2,the final plat must comply with State statute,Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Unified Development Code (UDC). The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all municipal standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee(DRC) and other applicable review agencies, as well as any public testimony received on the matter,the City Commission will make the final decision on the subdivider's request. The Department of Community Development received a preliminary plat application on June 27, 2017. Staff deemed the application acceptable for initial review in writing on July 6,2017. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on July 26,2017. A wetland consultant representing the City's wetland review process reviewed the wetland delineation and supporting materials and presented required corrections to the applicant on August 14, 2017. i application was received on February 26 2018. The DRC determined the application A revised app y pp was again inadequate for further review on March 26, 2018. A revised application was received on May 2,2018. The DRC determined the application was adequate for continued review on May 24, 2018 and recommended conditions of approval and code corrections for the staff report. The City's wetland consultant reviewed the revised wetland materials an issued comments and a recommendation for approval on June 10, 2018 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 14 of 26 Staff scheduled public notice for this application on June 21, 2018 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, June 24, 2018. The applicant posted public notice on the subject property on June 22, 2018. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on June 21, 2018.No public comment had been received on this application as of the writing of this report. On June 29, 2018 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission, which is scheduled to make a final decision at its July 16, 2018 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; in this case by August 20, 2018. 4) Compliance with Chapter 38,BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the Unified Development Code and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and code provisions requiring plat corrections as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. As detailed under the Subdivisions Review Criteria No. 2 above,required by Section 38.23.060.A. and recommended as Condition of approval No. 12, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Plat correction H requires the subdivider to demonstrate the feasibility of the proposed street network to the Department of Public Works by providing a public street easement for Northl5'h Avenue adjacent to the proposed subdivision signed by all property owners of record in order to construct North 15th Avenue from its current terminus north to Baxter Lane. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 15 of 26 Condition of approval No. 9 requires that Common Open Space 1, Block 5 to be publicly accessible. PUD performance points were granted in the PT Land PUD based upon public accessibility to this lot. A public access easement for the Common Open Space 1, Block 5 must be provided as a separate document at final plat describing the scope of the grant of easement and naming a custodian of the public's interest in the easement. The final plat must be updated to note this lot as public access per the associated easement. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subsequent minor subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as a Regional Commercial and Services and the property's B-2, Community Business zoning allows for residential and commercial development. The property falls within the boundaries approved for development in the PT Land PUD,2006 and is approved and planned for commercial uses. 2) The effect on Agricultural water user facilities This subsequent minor subdivision will not impact agricultural water user facilities. The two primary surface water features on this site are Mandeville Creek and Farmers Canal. All construction including buildings, sewer systems and streets will be constructed outside of the 50 foot watercourse setback. No water body alterations are proposed. 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way,North 15th Avenue, Tschache Lane and Baxter Lane. The subdivider proposes to extend water and sewer mains to and through the commercial lots. In order to meet water system requirements a water main loop must be constructed in the north/south private street. See comments under street for the timing of construction requirements. The existing water system and downstream sanitary sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be provided per code provision I in order to provide a long term water supply for the project. Streets—The proposed subsequent minor subdivision necessitates an additional street extensions to provide access and meet code requirements. The City is currently constructing Baxter Lane along the north property boundary of this project with a stub for a future connection with North 15th Avenue. Code provision E requires that the subdivider provide a local share contribution of the Baxter Lane construction prior to final plat approval. North 15th Avenue, a collector,is a critical north-south connection in the City's street grid. Construction of North 15'Avenue will provide an alternate route between Baxter Lane and West Main Street. This alternate route will serve not only vehicular traffic,but will also include improved facilities and safety for pedestrians and cyclists. Currently, few options exist for continuous north-south travel between North 7th Avenue and North 19th Avenue. Tschache Lane 1731 S Findings of Fact for the PT Laud Plt. 3 Minor Subdivision Preliminary Plat Page 16 of 26 will be constructed from its east terminus through the intersection to North 15th Avenue to the boundaries of the commercial lots in this subdivision. Tschache will be extended to North 11 th Avenue with the further subdivision of the restricted development lot in this subdivision. A north/south private street with a fifty foot public access easement serves as a block delineation for this large block with an access for pedestrians and vehicles between North 15th Avenue and North 1 Ph Avenue. Code provision F requires that the private street be constructed with the subdivision in order to meet block length requirements. The DRC recommends site-specific Conditions of approval Nos. 5, 6, 7 to address transportation facility ownership and maintenance responsibility and impact mitigation. Police/Fire—The City's Police and Fire emergency response area includes the subject property. The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to filing the final plat to facilitate emergency response to the site. The City will review addressing of future residential buildings during site plan review. The construction of Baxter Lane,North 15th Avenue and Tschache Lane will improve emergency response times. Stormwater—The subsequent minor subdivision will not significantly impact stormwater infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains, which will tie into existing mains. The existing mains convey stormwater to retention ponds, which were installed with the PT Land Phases 1-2 Minor Subdivisions. A new retention pond will be installed to provide adequate capacity to accept new flows from this proposed subdivision. Temporary stormwater infrastructure is proposed on the restricted development lot until such time that Tschache Lane is extended with the further subdivision of this lot. The property owners' association is required to maintain the stormwater infrastructure and a maintenance plan is required prior to final plat approval. The plat corrections note this requirement. Parkland—No parkland dedication is proposed with this subdivision as it is proposed for commercial uses. 4) The effect on the Natural environment The subsequent minor subdivision will impact the natural environment. Wetlands will be impacted by construction. The applicant has filed a 404 permit with the Army Corps of Engineers to impact wetlands in order to construct streets, stormwater facilities and future parking and circulation areas. The impacts are estimated at 5.0 acres. The Corps of Engineers has completed a review of the wetland delineation and has issued a jurisdictional determination for the project area. The subdivider has elected to utilize an offsite mitigation bank for the impacts. A joint permit application has been submitted to the Corps of Engineers and a permit is anticipated to be issued. Four surface waters are located on site,two stream/ditches and two surface stormwater ponds in the proposed common open spaces. The two primary surface water features on this site are Mandeville Creek and Farmers Canal. All construction including buildings, sewer systems and streets will be constructed outside of the 50 foot watercourse 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 17 of 26 setback.No water body alterations are proposed.No other significant physical or topographical features (e.g., outcroppings, geological formations, steep slopes)were identified on the subject property. The Unified Development Code mandates a watercourse setback planting plan that will aid in bank stabilization, sediment nutrient and pollution removal, and flood control. The Code also requires the subdivider to contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.)for the construction of the proposed infrastructure. The subdivider must obtain any required permits and provide them prior to any construction of the infrastructure. 5) The effect on Wildlife and wildlife habitat The subsequent minor subdivision will not significantly impact wildlife and wildlife habitat. The property falls within a planned unit development identified for commercial development in close proximity to a large urban area. Past agricultural uses limited the amount of wildlife and wildlife habitat on the property. The watercourses host the most significant wildlife on the property. All construction including buildings, sewer systems and streets will be constructed outside of the 50 foot watercourse setback. No water body alterations are proposed. The installation of additional wetland shrub and tree plantings will help mitigate any additional impacts from future development. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections,the subsequent minor subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,Montana Code Annotated(MCA). As a result,the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee(DRC) completed a subdivision pre-application plan review on February 22,2018. With the pre-application plan review application,the subdivider requested waivers from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements"for several of the standard preliminary plat supplements. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 18 of 26 The DRC granted waivers to the supplemental information under 38.41.060,BMC with the pre- application plan review application for: 7)historical features; 8) agriculture; 8) agricultural water user facilities; 14) educational facilities; 15) land use;parks and recreation;neighborhood center plan; 19)miscellaneous; and 20) affordable housing. The DRC did not grant waivers for: 1) surface water; 2) floodplains; 3) groundwater; 4) geology- soils-slopes; 5)vegetation; 6)wildlife; 7)historical features; 10)water and sewer; 11) stormwater management; 13)utilities; and 18) lighting plan.. Staff offers the following summary comments on the supplemental information required with Article 3 8.41, BMC. 38.41.060.A.1 Surface Water This subsequent minor subdivision will not significantly impact surface water. Surface water exists on the subject property. Mandeville Creek runs through the northeast corner of the site. Farmer's Canal runs along the western boundary of the site. The proposed subdivision will not impact the water bodies but will impact the surrounding wetlands with construction. The wetland impacts are covered under a joint permit to be issued by the Army Corps of Engineers for the impacts. 38.41.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. An analysis of the 100 year storm effects on the property was included in the application. The project engineer determined no significant impacts to this property from a 100 year flood event. 38.41.060.A.3 Groundwater Groundwater was monitored in November and groundwater monitoring wells cumulatively located groundwater between 8-feet deep to 2.5 feet deep in the wetlands. Seasonally groundwater is highest in the spring. The DRC did determine this area included high groundwater around lots proposed for development within the master plan. The DRC recommends condition of approval No. 4 to address this issue. This area lies within the Bozeman Solvent Site Controlled Groundwater area.No irrigation wells are permitted in this area. 38.41.060.A.4 Geology, Soils and Slopes This subsequent minor subdivision will not significantly impact the geology, soils or slopes. The subdivision application includes a geotechnical report conducted for the property in November, 2016. The property exhibits soil characteristics consistent with the surrounding Bozeman area. No significant geologic or topographic features exist on the property. Future development will necessitate the submittal of a site-specific soil analysis and geotechnical evaluation for building foundation engineering. Dewatering is required for the installation of infrastructure. 38.41.060.A.5 Vegetation This subsequent minor subdivision will not significantly impact vegetation. Past agricultural uses significantly changed the vegetation found on the property. The proposed subdivision area consists of heavily tilled soil and grasses. The watercourses: Farmers Canal and Mandeville 1731 S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 19 of 26 Creek exhibit the most critical plant communities. The common open space areas preserve the watercourse setback areas and some of the wetlands from development. The subdivider provided a Noxious Weed Management Plan to identify mitigation measures for noxious weeds which requires control measures over the development period. 38.41.060.A.6 Wildlife This subsequent minor subdivision will not significantly impact wildlife. The property falls within a master planned area identified for commercial development. Proximity to an urban area and past agricultural uses limit the amount of wildlife on the property. Occasionally birds, deer and small mammals visit the property, as is common in the Bozeman area. However, the area is generally less desirable to wildlife. The protected watercourse areas host the most significant wildlife on the property. The 50-foot watercourse setback along the Farmers Canal and Mandeville Creek watercourse and wetlands will protect any riparian environment already established on the property. Staff contacted the Montana Department of Fish Wildlife and Parks during subdivision review but did not receive any comment. 38.41.060.A.7 Historical Features The DRC did not identify any significant impacts to historical features and waived supplemental information. The property has been disturbed significantly by previous agricultural use and the installation of stormwater infrastructure for Phase 1-2 of the PT Land PUD. No significant cultural,historic or archaeological features exist on the subject property. 38.41.060.A.8 Agriculture The DRC did not identify any significant impacts to agriculture and waived supplemental information. The Bozeman Community Plan,municipal zoning and PT Land PUD designate the subject property for development. Agricultural uses historically existed on the property but ceased in areas of planned development. 38.41.060.A.9 Agricultural Water User Facilities This subsequent minor subdivision will not significantly impact agricultural water user facilities. As noted above in the 76-3-308, MCA Primary Subdivision Review Criteria, agricultural water user facilities exist in conjunction with the subject property. This subsequent minor subdivision will not impact agricultural water user facilities. The two primary surface water features on this site are Mandeville Creek and Farmers Canal. All construction including buildings, sewer systems and streets will be constructed outside of the 50 foot watercourse setback.No water body alterations are proposed. 38.41.060.A.10 Water and Sewer Municipal water and sewer mains exist in the adjacent street rights of way,North 15th Avenue, Tschache Lane and Baxter Lane. The subdivider proposes to extend water and sewer mains to and through the commercial lots. In order to meet water system requirements a water main loop must be constructed in the north/south private street. See comments under street for the timing of construction requirements. The existing water system and downstream sanitary sewer mains have 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 20 of 26 adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be provided per code provision I in order to provide a long term water supply for the proj ect. No infrastructure is planned to be provided for Lot 4 of Block 3, as such this lot must be platted as a restricted development lot subject to further subdivision review. Condition of approval No. 3 applies to this issue. 38.41.060.A.11 Stormwater Management The subsequent minor subdivision will not significantly impact stormwater infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains, which will tie into existing mains. The existing mains convey stormwater to retention ponds, which were installed with the PT Land Phases 1-2 Minor Subdivisions. The a new retention ponds will be established to include adequate capacity to accept new flows from this proposed subdivision. Temporary stormwater facilities proposed on the restricted development lot until such time that Tschache is extended with the further subdivision of this lot. The property owners' association is required to maintain the stormwater infrastructure and a maintenance plan is required prior to final plat approval. The plat corrections note this requirement. 38.41.060.A.12 Streets, Roads and Alleys This subdivision requires the expansion of the municipal street and sidewalk network to accommodate the planned future commercial development. The approved PT Land PUD provides the planned transportation system for the district. The final plat will provide dedicated right of way for perimeter streets and other street easements in conformance with the planned unit development. This preliminary plat application includes a Traffic Impact Study (TIS)prepared by KLJ in December, 2016. Two off-site improvements were identified as necessary prior to development. The City is constructing both improvements that include right hand turn lanes at the eastbound leg of the intersection of Baxter and North 19th Avenue and the west bound leg at North 7ch Avenue and West Oak Street. The proposed subsequent minor subdivision necessitates street extensions to provide access and meet code requirements for the subdivision. The City is currently constructing Baxter Lane along the north property boundary of this project with a stub for a future connection with North 15th Avenue. Code provision E requires that the subdivider provide a local share contribution of the Baxter Lane construction prior to final plat approval. North 15th Avenue, a collector, is a critical north-south connection in the City's street grid. Construction of North 15th Avenue will provide an alternate route between Baxter Lane and West Main Street. This alternate route will serve not only vehicular traffic, but will also include improved facilities and safety for pedestrians and cyclists. Currently, few options exist for continuous north-south travel between North 7th Avenue and North 19th Avenue. Tschache Lane will be constructed from its east terminus through the intersection to North 15th Avenue to 1731 S Findings of Fact for the PT Laird Ph. 3 Minor Subdivision Prelimitimy Plat Page 21 of 26 the boundaries of the commercial lots that include a private street in this subdivision. Tschache will be extended to North 11th Avenue with the further subdivision of the restricted development lot in this subdivision. A north/south private street with a fifty foot public access easement serves as a block delineation for this large block with an access for pedestrians and vehicles between North 15th Avenue and North 1 lth Avenue. Code provision F requires that the private street be constructed with the subdivision in order to meet block length requirements. The DRC recommends site-specific Conditions of Approval Nos. 5, 6, 7 to address transportation facility ownership and maintenance responsibility and impact mitigation. As required in Section 38.273.030.B.2,lot frontage and perimeter sidewalks must be constructed along all street frontages prior to final plat approval or must be financially guaranteed for a period not to exceed three years. No infrastructure is planned to be provided for Lot 4 of Block 3, as such this lot must be platted as a restricted development lot subject to further subdivision review. Condition of approval No. 3 applies to this issue. 38.41.060.A.13 Utilities This subsequent minor subdivision will not significantly impact utilities. The plat indicates a 10- foot wide utility easement along all street frontages. As recommended in site-specific Condition of approval No.12, all easements, existing and proposed,must be accurately depicted and addressed on the final plat and in the final plat application. With the recommended condition and code requirements,the plat will provide and depict all necessary utilities and required utility easements. 38.41.060.A.14 Educational Facilities The DRC did not identify any significant impacts to educational facilities and waived supplemental information. Future development will not provide residential units. 38.41.060.A.15 Land Use The DRC did not identify any significant impacts to land use and waived supplemental information. The proposed subdivision complies with the existing zoning designation of B-2, Community Business and the approved PT Land PUD. A hotel and hospitality uses are planned for the property. 38.41.060.A.16 Parks and Recreation Facilities The DRC did not identify any significant impacts to parks and recreation and waived supplemental information. This is a commercial subdivision. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 22 of 26 38.41.060.A.17 Neighborhood Center Plan The DRC did not identify any significant impacts to parks and recreation and waived supplemental information. This is a commercial subdivision. A neighborhood center plan is not required. 38.41.060.A.18 Lighting Plan The application includes a street lighting layout plan with fixture cut sheets and a photometric analysis plan in conformance to code requirements. The subdivider proposes LED street lighting per city requirements. A special improvement lighting district is anticipated to be created to fund the construction and operation of the subdivision lighting. Condition of approval No. 11 requires the creation of the lighting district prior to final plat application. 38.41.060.A.19 Miscellaneous The DRC waived miscellaneous supplemental information. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing The DRC waived supplemental information regarding affordable housing. The Affordable Housing provisions in Article 38.43,BMC do not apply to commercial subdivisions. SECTION 8 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. The applicant presented to the City a proposed preliminary plat to allow the subdivision of one restricted development lot of approximately 32.5 acre restricted development lot to create two commercial development lots totaling 8.24 acres, dedicate 3.3 acres of right of way, create 7 acres of open space, and restrict a 13.93 acre future subdivision lot. 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 PT Land Phase 3 Subdivision was considered by the City Commission at a public meeting on July 16,2018 at which time the Department of Community Development Staff reviewed the project and stated that no public comment had been received in response to the noticing on the matter of this preliminary plat application. D. Shane Strong, KLJ Engineering representing Bennet Hospitality and Montana Ventures, LLC presented the project and background information about the applicant and acknowledged agreement with the recommended conditions of approval. E. The City Commission requested public comment and none was presented. 17315 Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 23 of 26 F. The City Commission discussed the merits of the project and reviewed the staff report and applicable subdivision criteria. 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 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 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. 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 one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. 1731 S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Pagc 24 of 26 DATED this 13'h day of August, 2018. BOZEMAN CITY COMMISSION T DRUS Mayor ATTEST: Bo ROBIN CROUGH City Clerk 9TrN�o Flo APP E A O FORM: GA&SULLIVAN City Attorney 1731 S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 25 of 26 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2, Community Business. The intent of B-2 is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services in the Bozeman Community Plan. Bozeman is a retail, education, health services,public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development. APPENDIX B —DETAILED PROJECT DESCRIPTION Project Background and Description The PT Land Planned Unit Development(PUD) was formally approved by the City Commission in 2006. Phases 1 and 2 were platted and site development has occurred on five lots within phase 1.No development has occurred in phase 2. This phase 3 subdivision is on a restricted development lot remaining from PT Land Phase 1 and 2. Subdivision review is required to be completed on this lot prior to development. The city has reviewed informal review applications for the future site development to occur on this site. A hotel and other hospitality uses are proposed for the site. This is in conformance to the PT Land PUD which is approved for a larger hospitality use on this site. The common open spaces represent the required open space for the PUD which, when complete, will be 30% of the overall development area. The subdivider, Bennet Hospitality is a hotel developer and plans a large hotel and other hospitality uses on the two commercial lots proposed to be platted wit this application. Bennett Hospitality also owns all the lots in phase 2 of the PT Land subdivision and plans further commercial development on those lots and lots to be created with the further subdivision of the restricted development Lot 4, Block 3 of this subdivision. 1731 S Findings of Fact for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 26 of 26 APPENDIX C—NOTICING AND PUBLIC COMMENT In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on June 21, 2018 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, June 24, 2018. The applicant posted public notice on the subject property on June 22, 2018. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on June 21, 2018. No written public comment was received on this application. No members of the public offered oral testimony at the July 16, 2018 City Commission meeting. APPENDIX D — OWNER INFORMATIONAND REVIEWING STAFF Owner: Montana Keystone Ventures, LLC 17 Lockwood Drive, Suite 400, Charleston, SC 29401 Subdivider: Bennet Hospitality, 17 Lockwood Drive, Suite 400, Charleston, SC 29401 Representative: KLJ, 1982 Stadium Drive, Suite 3, Bozeman, MT 59715 Report By: Brian Krueger, Development Review Manager FISCAL EFFECTS No unusual fiscal effects have been identified.No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.