HomeMy WebLinkAbout06-03-19 City Commission Packet Materials - C6. Findings of Fact and Order for Amended Plat of the Knolls at Hillcrest
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
SUBJECT: The Amended Plat of the Knolls at Hillcrest Subdivision Findings of Fact and Order, Application 18359 MEETING DATE: June 3, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Amended Plat of the Knolls at Hillcrest Subdivision Application 18359.
BACKGROUND: On May 13, 2019, the City Commission held a public hearing on an application for preliminary approval for the Amended Plat of the Knolls at Hillcrest Subdivision.
The Commission voted 5:0 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: May 16, 2019
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Return to:
City of Bozeman City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Amended Plat
of the Knolls at Hillcrest Minor Subdivision Preliminary Plat 18359
Public Hearing Date: City Commission meeting is May 13, 2019 at 6:00 pm.
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of two lots of 1.84 acres for nonresidential restricted development to create two lots of
1.84 acres for residential development.
Project Location: The property is legally described as Lots1 and 3 of the Knolls at Hillcrest
Subdivision, located in the NE ¼ of Section 18, Township 2 South, Range 6 East,
P.M.M., City of Bozeman, Gallatin County, Montana. The property is zoned RO,
Residential Office District.
Recommendation: Approval with conditions and code provisions.
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Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 18539 and move to approve the Amended Plat of the Knolls at
Hillcrest Subdivision with conditions and subject to all applicable code provisions.”
Report Date: May 1, 2019
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi-judicial)
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 of two existing lots consisting of 1.84 acres that are restricted for
non residential development to create two identical lots for residential development totaling 1.84
acres. The lot use restriction was self-applied by the subdivider during the original subdivision
and was not a city requirement. 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 March 27, 2019 the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
Cash in lieu of parkland dedication is proposed with this subdivision as it is proposed for
residential uses and parkland was not provided for these lots as they were restricted for
nonresidential uses. Cash in lieu for .58 acres of parkland is proposed for these lots in the amount
of $37,897. The Recreation and Parks Advisory Board recommends the use of cash in lieu of
parkland for this subdivision. A memorandum from their review meeting is attached to this
report.
The subdivider did not request any subdivision or zoning variances with this application.
The City did not receive any written public comment on the application as of the writing of this
report. Three members of the public provided testimony on the subdivision at the City
Commission meeting on May 13, 2019.
The City Commission met on May 13, 2019 to consider the application and hold a public hearing
for a preliminary plat to allow the subdivision of two lots of 1.84 acres for nonresidential
restricted development to create two lots of 1.84 acres for residential development.
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After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 5/13/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
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 June 20, 2019.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ...................... 9
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11
Preliminary Plat Supplements ........................................................................................... 13
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 19
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 19
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a 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 final plat must show and provide all existing utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in their true and correct location.
4. The applicant must include a note on the final plat sheet that clarifies that the easement along
the north side of Lot 3A is a city sewer pipeline and access easement per filed Document
#2284594 in the records of the Gallatin County Clerk and Recorder.
5. If not already filed for the subject site, 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 Highland Boulevard including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to Ellis Street including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Highland Boulevard and Ellis Street
d. Intersection improvements to Highland Boulevard and East Main Street
e. Intersection improvements to Highland Boulevard and East Kagy Boulevard
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 site plan approval.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
All references below to the Bozeman Municipal Code (BMC).
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A. BMC 38.240.430.A. Cash-in-lieu of parkland. Where there will be a cash donation in-lieu of
parkland dedication the final subdivision plat must provide the applicable certificate.
The Director of Public Works must be corrected to the Director of Parks and Recreation for
the Certificate Accepting Cash Donation In-Lieu-of Land Dedication.
B. BMC 38.420.030 Cash in lieu of land dedication for parkland. Cash in lieu of parkland has
not been paid. The cash in lieu amount due is required to be paid prior to final plat approval.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on March 27, 2019.
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 is scheduled for a public hearing on this minor subdivision preliminary
plat on May 13, 2019 at 121 N. Rouse Avenue, Bozeman at 6 p.m.
SECTION 6 – 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:
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 Bozeman
Municipal Code. 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 provisions necessary to meet all municipal
standards. Staff recommends Conditions of approval No. 1 and 2 to address necessary
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documentation and compliance with 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 August
1, 2018. Staff deemed the application acceptable for initial review in writing on August 7, 2018.
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 August 31, 2018.
A revised application was received on February 27, 2019. The DRC determined the application
was adequate for continued review on March 27, 2019 and recommended conditions of approval
and code corrections for the staff report.
The City scheduled public notice for this application on April 18, 2019 for publication in the
legal advertisements section of the Bozeman Daily Chronicle on Tuesday April 23 and Sunday
April 28, 2019. The applicant posted public notice on the subject property on April 21, 2019.
The City 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 April 19,
2019. No public comment had been received on this application as of the writing of this report.
On May 1, 2019 staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which is scheduled to make a final decision at its May
13, 2019 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 June 20, 2019.
The public hearing date for the City Commission was May 13, 2019. The hearing was held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission
The City Commission met to consider the application for a preliminary plat to allow the
subdivision of two lots of 1.84 acres for nonresidential restricted development to create two lots
of 1.84 acres for residential development.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
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The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 5/13/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
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 BMC 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. Condition of approval No. 3, requires that all easements, existing and proposed, must
be accurately depicted and addressed on the final plat and in the final plat application. Public
utilities are located within dedicated street right of ways.
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.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as residential and the property’s RO, Residential Office zoning allows for
residential development. No agricultural land is present on the lots.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
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3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, Post
Drive and Knolls Drive. Sewer exists along the north side of Lot 3A within a city sewer
easement. No changes to the proposed water and sewer system are proposed. The engineering
division provided advisory comments during DRC review for the future review of development
on these lots. The project engineer noted:
1. The downstream sewer collection system serving the lots is at capacity. Future
development will not be approved until upgrades are made to the collection system. The
City is working to upgrade the Front Street Interceptor which upon completion will create
additional capacity.
2. The Bozeman Health hospital is planning a significant expansion, which will increase
demand on the existing 8-inch sanitary sewer main downstream of the hospital. An
upgrade may be required downstream of the service at the hospital. Upon future
development an estimate must be provided for the proposed development to the City in
order to determine if an upgrade is required.
3. Upon future development the City will require the applicant to submit the analysis for the
pump system servicing subdivision updated for the proposed development’s water
demand.
4. Prior to future development the applicant must provide water rights and/or payment of
cash-in-lieu of water rights for usage that of the existing 10 acre feet.
Streets – Existing city standard streets are adjacent to the lots. No street improvements are
proposed. Future demands to the transportation system may require an SID to construct
improvements to support the subdivision and the residential uses.
The DRC recommends site-specific Condition of approval No. 5 to address transportation
impact mitigation.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. Stormwater infrastructure is existing for the Knolls at Hillcrest Subdivision.
Parkland – Cash in lieu of parkland dedication is proposed with this subdivision as it is proposed
for residential uses and parkland was not provided for these lots as they were restricted for
nonresidential uses. Cash in lieu for .58 acres of parkland is proposed for these lots in the amount
of $37,897. The Recreation and Parks Advisory Board recommends the use of cash in lieu of
parkland for this subdivision. A memorandum from their review meeting is attached to this
report. Parks and publicly accessible open space exist within and adjacent to the proposed
subdivision to provide recreational amenity.
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4) The effect on the Natural environment
The subdivision will not impact the natural environment. No changes to the existing lot
configuration or subdivision infrastructure are proposed.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the 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 January 24, 2018. With the pre-application plan review application, the subdivider
requested waivers from BMC 38.220.060 “Additional Subdivision Preliminary Plat
Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under BMC 38.220.060 except for
water and sewer, land use and parks and recreation.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.41.060.A.1 Surface Water
This subdivision will not significantly impact surface water. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
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38.41.060.A.3 Groundwater
Groundwater will not be impacted. The DRC waived supplemental information. No changes to
the existing lot configuration or subdivision infrastructure are proposed.
38.41.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.7 Historical Features
This subdivision will not significantly impact historic features. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
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38.41.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion
above under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria. No changes to the existing lot configuration or subdivision infrastructure are proposed.
38.41.060.A.13 Utilities
This subdivision will not significantly impact utilities. All private utilities servicing the
subdivision are existing and installed underground. The DRC waived supplemental information.
38.41.060.A.14 Educational Facilities
This subdivision will not significantly impact educational facilities. The subdivision is age
restricted. The DRC waived supplemental information.
38.41.060.A.15 Land Use
The subdivision will not significantly impact land use. The City of Bozeman Community Plan
designates the subject property as residential and the property’s RO, Residential Office zoning
allows for residential development. Residential uses are planned for the property.
38.41.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is provided by the Knolls at Hillcrest Subdivision and the Bozeman
Health Master Plan. The DRC waived supplemental information.
38.41.060.A.18 Lighting Plan
No new subdivision lighting is required or proposed. The DRC waived miscellaneous
supplemental information.
38.41.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified hazards in
proximity to the subject property. The DRC waived miscellaneous supplemental information.
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38.41.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The lots are proposed
as multi-household and cannot be developed as single household lots subject to the code
requirements.
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 May 13, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized changes to the
conditions of approval, and summarized the public comment submitted to the City prior
to the public hearing.
D. The applicant, Thomas, Dean and Hosking Engineering, Inc., acknowledged
understanding and agreement with the recommended conditions of approval, code
provisions including the changes to the conditions of approval.
E. The City Commission requested public comment at the public hearing on May 13, 2019
and three members of the public offered testimony on 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.
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 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
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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 single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider, grant an extension to its approval by
the Community Development Director for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2019
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
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_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned RO, Residential Office. The intent of the R-O residential-office
district is to provide for and encourage the development of multi-household and apartment
development and compatible professional offices and businesses that would blend well with
adjacent land uses. These purposes are accomplished by: Providing for a mixture of housing
types, including single and multi-household dwellings to serve the varying needs of the
community's residents. Use of this zone is appropriate for areas characterized by office or multi-
household development; and/or areas along arterial corridors or transitional areas between
residential neighborhoods and commercial areas.
Adopted Growth Policy Designation:
The subject property is designated as Residential in the Bozeman Community Plan. This
category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
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APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The Knolls at Hillcrest Subdivision was formally approved by the City Commission in 2006 and
the final plat was filed on November 21, 2007. The plat restricted two lots for nonresidential
uses. This was not required by the City. This plat seeks to remove the restriction.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on April 18,
2019 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Tuesday April 23 and Sunday April 28, 2019. The applicant posted public notice on the subject
property on April 21, 2019. The City 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 April 19, 2019. No public comment had been received on this application as
of the writing of this report. The City Commission met on May 13, 2019 for the public hearing to
consider the application for a preliminary plat to allow the subdivision of two lots of 1.84 acres
for nonresidential restricted development to create two lots of 1.84 acres for residential
development. Three member of the public provided testimony on the subdivision.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 5/13/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bozeman Deaconess Real Estate Development Corporation, PO Box 10490
Bozeman, MT 59719
Subdivider: Same as owner
Representative: TD and H Engineering 234 E. Babcock, Suite 3, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
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City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 20 of 20
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.
Application and Preliminary Plat
RPAB memorandum
Knolls at Hillcrest 2007 Final Plat Sheet 3 of 3
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