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HomeMy WebLinkAbout19- Findings of Fact and Order - Valley West Square Subdivision Preliminary Plat, Application 19049 Page 1 of 22 19049, Findings of Fact for the Valley West Square Subdivision Preliminary Plat Dates:Planning Board,April 2, 2019 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission,April 8, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking and public access, located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The lot is a remainder parcel within the Valley West Square Subdivision and Valley West Square Planned Unit Development (PUD). Project Location: Tract 3A, Block 1,Amended Plat of Valley West Subdivision, located in the northwest one-quarter of Section 10, Township 02 S, Range 05 E, Block 1, Tract 3A, PMM, City of Bozeman, Montana. Action:Approval with conditions Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19049 and move to approve the subdivision with conditions and subject to all applicable code provisions. Finding of Fact Date: April 22, 2019 Staff Contact: Chris Saunders, Community Development Manager Griffin Nielsen, Development Review Engineer Agenda Item Type:Action (Quasi-judicial) EXECUTIVE SUMMARY Project Summary A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking, public access, and drainage,located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The project is located within the Valley West Planned Unit Development (PUD) and future buildings are planned to comply with the design requirements. The subdivision creates 6 lots to coincide with a recently approved Master Site Plan, application 18355 (see Map Series). 19049, Valley West Square Subdivision Findings of Fact Page 2 of 22 The project will coordinate improvements with a Capital Improvement Project (CIP) within the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be paid prior to final plat for the local cost share of the street improvements including one vehicular travel lane, curb and gutter, and sidewalk adjacent to the property boundary on Cottonwood Road. Planning Board reviewed the subdivision preliminary plat application on April 2, 2019 and recommended approval unanimously. One public comment was received at the hearing. TABLE OF CONTENTS EXECUTIVE SUMMARY................................................................................................................. 1 ProjectSummary............................................................................................................... 1 SECTION1 - MAP SERIES.............................................................................................................. 3 SECTION 2 - REQUESTED VARIANCES ....................................................................................... 7 SECTION 3 - CONDITIONS OF APPROVAL................................................................................... 7 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS................................ 10 SECTION 5 - RECOMMENDATIONS AND ACTIONS.................................................................. 11 SECTION 6 - STAFF ANALYSIS and findings ............................................................................. 12 Applicable Subdivision Review Criteria, Section 38.03.040, BMC. ............................. 12 Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 13 Preliminary Plat Supplements ....................................................................................... 15 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................................... 18 APPENDIX A-PROJECT SITE ZONING AND GROWTH POLICY............................................... 20 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND............................... 21 APPENDIX C - NOTICING AND PUBLIC COMMENT ................................................................. 22 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .......................................... 22 FISCALEFFECTS.......................................................................................................................... 22 ATTACHMENTS........................................................................................................................... 22 19049, Valley West Square Subdivision Findings of Fact Page 3 of 22 SECTION 1 - MAP SERIES \4'A'I'ERSaT"_ Q _ PF.RRI' ST 1 CASCADE ST � ,O AI;EX�AtiDER ST a �Y BABCV'K Ss B_ w O � O �.. 5 d' R-O Legend 1 Planning Projects selection 2 Parcels Roads Alleys City Limits e 0 Zoning Districts 1"nls map waS maledtma 6y lM Valley West Square Subdivision PUm1ny MAW �^ Y aev",�I9 Application 19-049 Submitted 02/01/2019 B O Z E M A N"T tied,=s0f-t A Plonning Zoning Vicinity Map N N 4-I O p( bb `t i Nil!$d � n: R j a.d it If SqN jZ o7 t {_ Jill (t1 a a Y$��j({i t{� f ��` 1� � kZa$F 'a�) I I t'[jz► p�{ ;� f I! f' � \��•'J ' l "�110 Sa=� aY �� � zY° f(`l � � R�3 °at � � } [ z 35 �a; • aF ,{t� Yi (( t a � R a ys q, f t !� � zY €d � � s �t� li �t' 6� s'd °�:� 't• 3s!ia{s �EE F�t�t� Y ai ��, � �IY z i 1 III ii j ° B+!'i ija �; !'f,S[S ■ �t �,�{i � a t2 �d � zS � Jdd {is d! a k!� °u F {u. a bs'ko t{ o 1010 F 3o yF�y�at { a { IYrb IFt °z pf+[ i o id��'f !ei ,� ' Ill� ii31$�! oi�Y�a ��$, Et $, as=- a _ !F °°u I. } �` Y•} dt d { �Yn° t� i} i j k ilia, d {Ea 'o{fd'3(( [ ff� 13 ( �af = t'aat �tl�• a,� '{ I€!15thii 11i !i[tt d1191 It+� i A ki ���; 011'11 I I I I I i I � 1 y l I at I I 3 � I b8I ff m10815 and A31-IVA YAA{Od V1S I I 1 o a --- - 4- I----- ---II--------- 7----___ l cz ct -- I ,�a�`; e �i Ir r�� •I a1L---j i a cz a rrF I I - i 1 $d.ixt�. 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E Y _ - -- - - a af�adddn§€al" M i���#]s �-1 1 '' " IIIIIIIII I ' �g ' „� f• WN ]�k S! �� } • "I I i i I 6 a a H e Y r 78®®® kEo`erc"�`,ay®�xti eo® „ r• t t., , I " � �:i1 N N 4-� O N bb cd I r 7-1 1[ FA i cz U O Hill a _ cz o 00 v � lay � q �•"�"� -• � A • ` w - m Vff 3u_ Vk Ln 0 Page 7 of 22 SECTION 2 —REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate,and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk&Recorder's office has elected to continue the existing medium requirements of 2 mylars with a IY2" binding margin on one side for both plats and COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal.This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. S. All references on the final plat and within easement documents must be changed from "Common Open Space Lot"to "Common Lot A". 6. Simultaneously with filing of the final plat, in conjunction with required or offered dedications,the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owner's association of the common lot proposed to be conveyed to the property owner's association and all its right,title, and interest in any improvements made to such common lot. 19049, Valley West Square Subdivision Findings of Fact Page 8 of 22 7. For the transfer of real property,the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owner's association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon property owned by the property owner's association,the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights,title and interest in such improvements including all applicable warranties to such improvements. 8. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 9. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 10.The final plat shall contain the following notation on the conditions of approval sheet: "Ownership of all common areas, and responsibility of maintenance thereof and for city assessments levied on the common lands shall be that of the property owners' association. Maintenance responsibility shall include,in addition to the common lot, all vegetative ground cover and irrigation systems. The property owners' association shall be responsible for levying annual assessments to provide for the maintenance,repair, and upkeep of all common areas.At the same time of recording the final plat for the subdivision,the subdivider shall transfer ownership of the common lot to the property owners' association created by the subdivider. 11.Water and sewer services must be installed prior to final plat. 12.Prior to acceptance of publically owned infrastructure,the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 13.All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 14.All clear distances between the City utilities and right of way lines,gutters,trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 15.The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 16.The applicant must add a note to the Conditions sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner's association. 17.The applicant must add a note to the Conditions sheet of the plat to the effect that this development falls within a known area of high groundwater. No crawl spaces 19049, Valley West Square Subdivision Findings of Fact Page 9 of 22 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 connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharge onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 18. The existing power pole located at the proposed right in right out access onto Cottonwood must be relocated outside of the street visions triangle to avoid conflict with the subdivision access. 19.The applicant must add a note to the Conditions sheet of the plat to the effect City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. 20.If not already filed, 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 North Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to West Babcock Street including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to North Cottonwood Road and West Babcock Street. d. Intersection improvements to North Cottonwood Road and Durston Road e. Intersection improvements to North Cottonwood Road and Huffine Lane f. Intersection improvements to Ferguson Avenue and West Babcock Street. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 19049, Valley West Square Subdivision Findings of Fact Page 10 of 22 21.A 1 foot"No Access" strip shall be placed on the North Cottonwood Road frontage of Lots 1, 2, and 3. 22.A 1 foot"No Access" strip shall be placed on the West Babcock Street frontage of Lots 3,4, and Common Lot A. 23.The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP &COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Lot parcels designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication,the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith,have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS OR STATE NONE). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number (To be filled in when recorded) By: (Subdivider) Date: 24. The applicant must add a note to the Conditions sheet of the plat to the effect that future property owners will be responsible for cash-in-lieu of water rights upon applicable site development. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. A. Bozeman Unified Development Code Section 38.400.050.A.1: 19049, Valley West Square Subdivision Findings of Fact Page 11 of 22 b. The applicant is responsible for the local cost share of the street improvements including one vehicular travel lane, curb and gutter, sidewalk adjacent to the property boundary on Cottonwood Road.A cash-in-lieu of infrastructure payment is required per Bozeman Municipal Code (BMC) 38.270.070 prior to final plat. B. Bozeman Unified Development Code Section 38.410.060: a. The shared parking and drainage easements must be provided prior to final plat. If the easements are to be defined within the property owners association documents the final plat must contain a note referencing the document. C. Bozeman Unified Development Code Section 38.410.080: a.A City standard stormwater pipeline easement must be provided for the existing stormwater main location onsite. The proposed onsite underground system may not encroach into the easement. The easement must be provided prior to final plat and the extent shown on the plat. b.The subdivision is responsible for maintaining the stormwater system. The stormwater maintenance plan must be incorporated into the property owner's association (POA) documents and demonstrate inclusion in the documents prior to final plat approval. E. Bozeman Unified Development Code Section 38.22.070.A 7.The applicant must provide the necessary documents to complete transfer of all water rights and ownership of water improvements associated with any exempt well to the property owners association as part of final plat approval. SECTION 5 - RECOMMENDATIONS AND ACTIONS The Development Review Committee (DRC) considered the application on February 27, 2019. The DRC found the application adequate for review. The Planning Board conducted a public hearing April 2, 2019 on the subdivision and made a recommendation for approval to the City Commission. Changes to the required timing for payment of cash-in-lieu of water rights have been incorporated at the recommendation of Development Review Committee staff. As indicated in the Master Site Plan approval, cash- in-lieu of water rights payments will be required at the time of applicable site development. Public hearing date for the City Commission was April,8, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. 19049, Valley West Square Subdivision Findings of Fact Page 12 of 22 SECTION 6 -STAFFANALYSISAND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria,Section 38.03.040,BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission considered the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, 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 shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Additional compliance and data necessary to verify compliance with Chapter 38 will be required with Conditions of Approval. Section 4 of this report identifies specific corrections necessary to comply with the municipal code. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on February 1, 2019. The application was found adequate for further review on March 14, 2019. The hearings before the Planning Board and City Commission have been properly noticed as required by the municipal code. Based on the recommendation of the DRC, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by June 10, 2019, unless there is a written extension from the developer,not to exceed one year. The City Commission acted on April 8, 2019. 19049, Valley West Square Subdivision Findings of Fact Page 13 of 22 Public notice for this application was given as described in Appendix C. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. Section 4, items A-D address corrections required to comply with chapter 38, BMC. The conditions ensure that identified regulations are met. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements,existing and proposed,must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat.All public utilities will be located within dedicated street right of way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards. The applicant proposed use of a common lot with parking and internal driveway to provide legal and physical access for the subdivision lots. Easements establishing legal and physical access to each parcel must be approved and created prior to or concurrent with the final plat. Primary Subdivision Review Criteria,Section 76-3-608 1) The effect on agriculture The subject property is designated for community commercial mixed use according to the City of Bozeman Community Plan. The area is zoned for commercial development. Property to the north, east, and south has also been or is in the process of being developed for non-agricultural uses. Therefore,this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a commercial area according to the City of Bozeman Community Plan; the area is zoned for commercial development, and has begun to develop. 19049, Valley West Square Subdivision Findings of Fact Page 14 of 22 3) The effect on Local services Water/Sewer- Municipal water and sewer can be provided to this site.Water and sewer mains will be installed prior to final plat approval.An exempt well is located on the site which may be used for irrigation. Streets- Existing street grid will serve the subdivision.Adequate street capacity is available for this project. Existing street lights will serve the subdivision. Police/Fire-The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified.A condition of approval requires that the necessary addresses are provided to enable 911 response to individual buildings. A public utility easement is provided for a hydrant that will be required with subsequent development as identified in the Master Site Plan. Stormwater- The subdivision will construct stormwater control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the stormwater facilities is an obligation of the property owners association. This responsibility is addressed in the covenants proposed with the subdivision and ensured through Conditions 16 and 23 and code correction C in Section 4 of the staff report. Parklands- No parklands are required as it is an entirely commercial development. 4) The effect on the Natural environment The property is a remainder tract of a large multi-phase development that is nearly built out.The property has no surface waters or wetlands. The project site has high ground water which can flood crawl spaces.Water removed from crawl spaces must go somewhere. Illicit discharges to the sanitary sewer consumes pipe capacity and can overburden the system. Discharge to streets can overburden the surface drainage system. The subdivision includes stormwater controls to offset this concern and conditions of approval to inform future landowners of the high ground water. 5) The effect on Wildlife and wildlife habitat The property is a remainder tract of a large multi-phase development that is nearly built out. The property has no forests, surface waters or wetlands providing animal habitat. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, 19049, Valley West Square Subdivision Findings of Fact Page 15 of 22 Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on October 10, 2018. With the pre-application plan review application,waivers were requested from the materials required in Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements." The waiver requests for certain elements of the supplement checklist were granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Material waived. No surface water impacts are expected. 38.41.060.A.2 Floodplains Material waived. No floodplain impacts are expected. 38.41.060.A.3 Groundwater Supplemental information was provided showing location of groundwater. Condition of approval 17 notifies future lot owners of high ground water and requirements for construction of crawl spaces and basements. 38.41.060.A.4 Geology, Soils and Slopes Soils appear adequate to carry the burden of infrastructure and commercial development. No steep slopes exist. 38.41.060.A.5 Vegetation Material waived. No major vegetation types or critical plant species are present. 38.41.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be present on this site. 38.41.060.A.7 Historical Features Material waived. There are no identified historical features on the site. 38.41.060.A.8 Agriculture Material waived. The site is a remainder tract within a nearly built-out subdivision. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities are in the vicinity. 19049, Valley West Square Subdivision Findings of Fact Page 16 of 22 38.41.060.A.10 Water and Sewer The site will be served with municipal services as discussed under Criteria 3 of the Primary Review Criteria.Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction. Cash-in-lieu of water rights will be provided upon future site development per Condition of Approval #24. Sanitary sewer service will be provided through connection to the City of Bozeman's existing sanitary sewer collection system.The sewer system will connect to the 8" mains in Cottonwood Road, Babcock Street, and Stafford Avenue. From there, sanitary sewage will be conveyed to and treated at the City of Bozeman's Water Reclamation Facility. 38.41.060.A.11 Stormwater Management The application proposes to manage stormwater onsite with underground infiltration chambers in the public access and parking common lot. Review of the proposed methods of treatment appears to comply with adopted standards. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys A traffic study was waived based on estimates for peak hour trips for the proposed development. The development will not alter the existing alley directly north of the property off of Stafford Avenue. 38.41.060.A.13 Utilities All private utility easements are shown on the plat in accordance with the Master Site Plan. 38.41.060.A.14 Educational Facilities No residential units are proposed. 38.41.060.A.15 Land Use The subdivision implements a Master Site Plan showing 5 commercial lots and one common lot for parking,vehicular access and drainage. Subsequent site development will require site plan applications. The development is located within a large area designated as community commercial mixed use within the Bozeman Community Plan. Although it is part of this large area that extends down Cottonwood Road to Huffine and east on along Huffine and Main Street, the configuration of the B-1 zoning district in this area coupled with the Valley West PUD design standards and parking relaxation should distinguish this development as a unique, smaller scale development more appropriate for adjacent residential properties. 19049, Valley West Square Subdivision Findings of Fact Page 17 of 22 Despite the shared parking access and lot, underground stormwater facility, and significant parking relaxation allowed by the PUD,the projected floor area ratio (FAR) for the development as a whole will be 0.34:1. This is less intense than the .5:1 FAR identified in the growth policy as an aspirational minimum target for the community commercial mixed use land use designation. A balance must be achieved with the intensity goals and the required site plan elements such as parking, landscaping, pedestrian connections, and open space.The approved master site plan established the balance for this site. 38.41.060.A.16 Parks and Recreation Facilities Material waived. No parkland is required for commercial development. 38.41.060.A.17 Neighborhood Center Plan Material waived. 38.41.060.A.18 Lighting Plan No lights are proposed. Street lights are in place to serve the subdivision. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing No residential uses are proposed. 19049, Valley West Square Subdivision Findings of Fact Page 18 of 22 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 April 8, 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's representative, Kardar, LLC, acknowledged understanding and agreement with the recommended conditions of approval and, code provisions. E. The City Commission requested public comment at the public hearing on April 8, 2019 and one member of the public offered testimony on the subdivision. One member of the public testified at the Planning Board hearing on April 2, 2019. 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 Division 38.210, 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 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. 19049, Valley West Square Subdivision Finn-ings of Fact Page 19 of 22 H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for 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 or City Commission as applicable for a period of mutually agreed upon time as authorized by the municipal code. DATED this aKday of , 2019 BOZEMAN CITY COMMISSION CY HIA L. ND S Mayo ATTEST: V Bo2�,J. ROBIN CROUGH �� -;_i��.• ___:= ,,� City Clerk �'.• 883 ,• �. 9 ,, tN CO• � ,. APPROVED AS TO FORM: GREG IVAN City Attorney 19049, Valley West Square Subdivision Findings of Fact Page 20 of 22 APPENDIX A -PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned "134" (Neighborhood Business District). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose,while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods. Adopted Growth Policy Designation; The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as community commercial mixed use. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly.A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the "center-based"land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors,including transit and non-automotive routes,to facilitate efficient travel opportunities.The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings.A Floor Area Ratio in excess of.5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes,plazas, outdoor seating,public art, and hardscape�d_open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections,an equal emphasis on vehicle,pedestrian,bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including rt . residential units on sites within this category,typically on upper floors,will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10- 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius.These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. 19049, Valley West Square Subdivision Findings of Fact Page 21 of 22 They should typically be located on one or two quadrants of intersections of arterials and/or collectors.Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed,building height transitions should be provided to be compatible with adjacent development. APPENDIX B —DETAILED PROJECT DESCRIPTIONAND BACKGROUND A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking, public access, and drainage,located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The project is located within the Valley West Planned Unit Development(PUD) and future buildings are planned to comply with the design requirements of the PUD. The use of this property for commercial purposes has been intended and documented by adopted zoning since initial development of the Valley West subdivision. The subject parcel is a remainder lot of the Valley West Subdivision platted in 2002 and then further reduced with the platting of Valley West Subdivision phase 3B. The development is located within a large area designated as community commercial mixed use within the Bozeman Community Plan. Although part of this large area that extends down Cottonwood Road to Huffine and east on both sides of Huffine and Main Street,the configuration of the B-1 zoning district in this area coupled with the Valley West PUD design standards should distinguish this development as a unique, smaller scale development more appropriate for adjacent residential properties. Despite the shared parking access and lot, underground stormwater facility, and significant parking relaxation allowed by the Valley West PUD,the projected floor area ratio (FAR) for the development as a whole will be 0.34:1.This is less intense than the.5:1 FAR identified in the growth policy as a minimum target for the community commercial mixed use zoning district. As a comparison,the recently approved Ruh Building within the B-2M zoning district and Midtown Urban Renewal District has a FAR of 1.05:1. The Ruh Building has no parking minimums, is served by an alley, and was able to base stormwater management facilities on the predevelopment runoff rates at the site. Additionally,without residential adjacency,the Ruh Building did not have to provide for additional landscape screening. The preliminary plat application was reviewed concurrently with a recently approved Master Site Plan, application 18355 (see Map Series). Subsequent development will require individual site plan applications. The common lot will be required before or 19049, Valley West Square Subdivision Findings of Fact Page 22 of 22 concurrently with the first commercial lot development in order to provide parking, access and drainage control. An access easement for parking and drainage is also provided within commercial Lot 5 for the benefit of the other commercial lots. The project will coordinate improvements with a Capital Improvement Project (CIP) within the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be paid prior to final plat for the local cost share of the street improvements including one vehicular travel lane, curb and gutter, and sidewalk adjacent to the property boundary on Cottonwood Road. APPENDIX C—NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle.Additionally, notice of the project was published on the City of Bozeman website. Content of the notice contained all elements required by Article 38.40, BMC. One public testimony was given at Planning Board regarding future building heights and screening. One public comment was given at the City Commission regarding building heights,parking,traffic and pedestrian circulation. No written comments were received. APPENDIX D - OWNER INFORMA TION AND REVIEWING STAFF Owner/Applicant: Kardar, LLC, 2001 Stadium Drive, Bozeman, MT 59715 Representative: C &H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718 Findings of Fact By: Chris Saunders, Community Development FISCAL EFFECTS The development will generate the typical costs and revenues of commercial development. Other than these items no unique fiscal effects or impact on budgeted items have been determined. 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 materials were made available to the public through the Laserfiche archive linked agenda materials.