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HomeMy WebLinkAbout19- Findings of Fact and Order - Bridger Vale Subdivision, Application 17231 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Bridger Vale Subdivision 17231 Public Hearing Date: City Commission, March 25, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Plat application to allow the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. The application is associated with a concurrent Preliminary Planned Unit Development(PUD) application to allow the mixed residential and commercial development with relaxations to regulations requested for required park frontage,REMU setbacks,public lands irrigation, street design and a request for concurrent construction. Project Location: 806 Manley Road. The parcels are legally described Remaining Tract GLR-1 of COS 221, located in the Southwest 1/4 of S 31, TO S,R06 E, P.M.M., Gallatin County, Montana. 17231, City Commission Findings of Fact—Bridger Yale Subdivision Page 2 of 34 Recommendation: Approval with conditions and code requirements Parks Plan Recommended Motion: Having reviewed and considered the parks master plan, I hereby adopt the findings presented in the staff report for application 17321 and move to approve the parks master plan for the Bridger Vale Subdivision with conditions and subject to all applicable code provisions. Project Overall 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 17321 and move to approve the Bridger Vale subdivision with conditions and subject to all applicable code provisions. Action Date: March 25, 2019 Staff Contact: Brian Krueger, Development Review Manager Anna Russell, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues If the PUD and associated relaxations are not approved,then the conditions and findings of this report will need to be modified. The analysis summarized in this report assumed approval of the requested relaxations. Staff has recommended approval of the PUD and associated relaxations. Project Summary The property owner and applicant made application to develop the vacant property directly north and adjacent to the East Gallatin Recreation Area(EGRA), accessed from Manley Road. The development proposes a townhouse development with a future commercial building lot. The proposal includes four townhouse clusters including four dwelling units each and two,two unit townhouses. The application includes a major subdivision of one parcel into twenty single household townhouse lots, one commercial lot, one common open space lot, one City Park lot with an associated street and alley The subject property is recently annexed to the City and is zoned Residential Emphasis Mixed Use District and Public Lands and Institutions. Environmental concerns related to the project's proximity to the City's almost closed East Gallatin Landfill have been addressed through the imposition of institutional controls. This subdivision proposes to meet its affordable housing requirement through cash in lieu instead of construction of housing. This is an allowed alternative. The subdivision provides a mix of uses in compliance with REMU zoning. The additional park area and publicly accessible open space provides the required neighborhood center. 17231, City Commission Findings of Fact-Bridger Yale Subdivision Page 3 of 34 The Development Review Committee(DRC)has reviewed the application. Based on its evaluation of the application against the criteria,the DRC found the application adequate for continued review on February 6, 2019. The Planning Board reviewed the application on March 5, 2019. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board recommended approval of the project with the conditions and code provisions outlined in this staff report. The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on March 8, 2019 and recommended approval of the applicant's parks plan with a condition to add a dog waste station. The Community Affordable Housing Board reviewed the application on March 13,2019 and recommended approval of the applicant's proposal to utilize cash in lieu(CIL) of affordable housing in order to meet code requirements. The Board recommended that the CIL fee be paid at the time of building permit issuance and that if the building permits are phased the CIL fee will be adjusted over time if there is a rate change. The public hearing date for the City Commission was March 25, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm.No public comment was received. The City Commission met to consider the application for a preliminary plat to allow the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. 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 Commission also considered and approved the parks master plan 5:0 for the project. 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 3/25/19: https://www.bozeman.net/services/city-tv-and-strearning-audio. 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. The Development Review Committee (DRC) deemed the'application adequate for continued review on February 6, 2019. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by April 18, 2019,unless there is a written extension from the developer,not to exceed one year. 17231, City Commission Findings of Fiat—Bridger Yale Subdivision Page 4 of 34 Conditions were revised for clarity and consistency with prior decisions between Planning Board and City Commission. Revised conditions are shown with an asterisk (*). TABLE OF CONTENTS EXECUTIVESUMMARY ............................................................................................................ 2 UnresolvedIssues ............................................................................................................... 2 ProjectSummary................................................................................................................. 2 SECTION 1 -MAP SERIES .......................................................................................................... 5 SECTION 2—VARIANCES......................................................................................................... 12 SECTION 3 - CONDITIONS OF APPROVAL........................................................................... 12 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 15 SECTION 5 -RECOMMENDATIONS AND ACTIONS........................................................... 17 SECTION 6 -ANALYSIS AND FINDINGS .............................................................................. 18 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC..................... 18 Primary Subdivision Review Criteria, Section 76-3-608 .................................................21 Preliminary Plat Supplements........................................................................................... 26 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 29 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY...................................... 32 APPENDIX B—NOTICING AND PUBLIC COMMENT ......................................................... 32 APPENDIX C—PROJECT BACKGROUND............................................................................. 33 APPENDIX D - OWNER INFORMATION................................................................................ 34 FISCALEFFECTS....................................................................................................................... 34 ATTACHMENTS......................................................................................................................... 34 17231, City Commission / Bridge Bridger Vale SuhdivisionPage 5 of 34 I SERIES REM Y • 1 `1 6ALLATIN PARK: _ � { -, GALLATIN PARK OR K - ` ' •III � ; �� f Zoning classifications 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 6 of 34 GALLATIN PARK DR a; i w .-1 TURTLE WAY r_ ("I1-1.ATIN PARK DR Legend Q Planning Projects selection 2 i Parcels Roads Alloys City Limits Community Plan Future Land Use Residential Residential Emphasis Mixed Use Suburban Resi&ntlal Regional Commercial and Services j Community Core Community Commercial Mixed Use Business Park Mixed Use Industrial Public Institutions Parks,open Space and Recreational Lands I Other Public Lends Golf Course Present Rural '.:If';of ho:xnan Growth policy designation 17231, City Commission Findings of Fact—Bridger Yale Subdivision Page 7 of 34 i. GALLATIN PARK DR " •T i. r t O Planning Projects egend 1RTLE selection 2 Tt [�City Limits(1/1119) htixed Usp. RostaurantMor 1 Commercial Retail Sales,Services,Banks HotellMotel Commercial Auto ` AdministrativeTrofesslonal Light Manufacturing Golf Course Park or Open Space Conservation Easement Church Public Facility I SchooAEducational Facility Single-Household Residential Ouplex%Triplex Residential Multi-Household Residential Mobile HomeWobile Park Q Right-of-Way Undeveloped Vacant Parcels Roads Alleys City Limits r Current land use .t t - u m •\'16 �. MD J 4r�y 0..of0. '• a v E • �s�, C7 m t W n� ( - • !!1 Q cn 02 U LLI ZID COO \ • 11 _ �t- M 4-- O hA Cd Q T KIYSSR S $ o.Ztt•rgs o(q�� i ., 4 Z •ro,r / 7 fz fYlff S8'66t As O eJ A a A zoa O `1 0 I� ^a —I < 41 O N x ef.fzsoo se z '� g l S Aav OL -PI 1Jl I lol LU � J . OC `\ ol: Q zs] tacisc:: —- - — I - c� J ,aj,14t Zt 61 t£.1f.18f @9 Yti' d SIH :03J,�10J9��: a: ———————— I R Q o VOH ------ — a n W6 UVOtl A3'WNW „b W --------------- ti Q W �15 ^ ———————— ---r� a V � y M ti \r� ji dh I !VH N y 'yI 99'661 •� eA{� �s� :1 7 " leV- 1 1 s ( t jjJ oz P I Av P Ll =1 a e tit t 9f ar k y � _ � 6f 66 QYOtl A3'WVW c a •� �li i � ��bk n�C�isa� � " � C�' w V S 5s a 4 aaz£ i d' M � 1 i I 5 4.a; 7?� ool ool W " O �y < I � . f z 1 � { 1 • � r k PL , M � I A i o I _ E t : � � I mi U CIVbUAYINVIT -i — t *y SECTION 2—VARIANCES There are no variances requested with this subdivision application. The concurrent Planned Unit Development(PUD)requests the following relaxations through the PUD 1. BMC 3 8.320.040 Table of Form and Intensity Standards REMIT to allow Townhouse clusters to exceed the maximum front setback of 15 feet. 2. BMC 38.420.060.A to not provide the minimum park street frontage. The application proposes no street frontage for the city park lot. 3. BMC 38.420.060.A.2.b or c the application proposes to not meet the requirements to mitigate for reduced park street frontage. 4. BMC 38.400.050.A.I the proposed primary access street,Bridger Vale Drive is requested to be constructed as a non-standard street section. 5. BMC 38.550.070 Landscaping of public lands. The application requests to not irrigate parkland, open space or other public lands landscaping with a well. The property's groundwater is impacted by VOC's and the environmental consultants recommend against using ground water for irrigation. The relaxations may be granted with a PUD.No action will be taken on these requested relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct,then additional analysis will be required. Condition 8 requires a notice to purchasers to inform them of the unusual development standards in this development. This will avoid confusion,purchase under misapprehensions, and future conflicts between owners and the City. As the plat requires approval of the PUD in order to conform to all regulations, condition 3 establishes the sequence of approvals needed to enable approval of a final plat. SECTION - 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 preliminary plat application. Additional conditions may apply to the planned unit development being processed concurrently. 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 waiver 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 planned unit development plan must be submitted, reviewed, and approved prior to the approval of the final plat. 4. The final plat must contain the following notation on the conditions of approval sheet in the final plat: "Ownership of all open space lots, areas and trails, and responsibility of 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 13 of 34 maintenance thereof and for city assessments levied on the open space lands shall be that of the property owners' association. Maintenance responsibility must include, in addition to the open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. All areas within the subdivision that are designated herein as open space including sidewalks and trails are for the use and enjoyment by residents of the development and the general public. The property owners' association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all open space lots, areas and trails. 5. Concurrent with the recording the final plat for the subdivision the subdivider must transfer ownership of all common open space areas within each phase to the property owners' association created by the subdivider to maintain all open space areas within the Bridger Vale Subdivision. 6. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication must be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements,parkland or parkland credits and areas not credited towards parkland(i.e., detention/retention areas, watercourse setbacks, wetlands, common open space,parking facilities) and the total area of each. 7. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 8. * A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bridger Vale Subdivision are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are a result of the planned unit development relaxation and are specific to the Bridger Vale Subdivision and the customized standards are in place of the general development standards of the City of Bozeman Zoning. If a revised development standard is not specifically established in the Bridger Vale approval documents the general standards of the City apply. The City's general standards may be revised over time. Modification of the special standards would require an amendment to the Bridger Vale Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 9. The property owners? association documents must include a listing of the Environmental Site Assessments conducted for this property, a summary of the findings of each report and a contact/location wherein the documents may be viewed. 10. * The declaration of covenants, conditions, and restrictions must contain provisions referencing the identified and potential environmental hazards on the property and the 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 14 of 34 required mitigation for the townhomes and the commercial building(s) and all other requirements of the recorded Institutional Controls. Said covenants must run with the land, bind all holders, owners, lessees, occupiers, and purchasers of the property, and must be included in all deeds, leases, and other instruments of conveyance of the property. No modifications to the covenants are allowed without prior written consent of the City. 11. * The final plat must contain a note on the conditions of approval sheet of the plat advising current and future property owners of the identified and potential environmental hazards on the property as provided for in the Institutional Controls. Said plat note must reference the Environmental Site Assessments by project number and the associated declaration of covenants conditions, and restrictions including all Institutional Controls. 12. * Per the annexation agreement for this parcel,the final plat must contain a note on the conditions of approval sheet of the plat that states "Any future structures must be built slab- on-grade and have a sub-slab vapor mitigation system or equivalent designed and certified by a professional engineer and certified to installation per design by a professional engineer to mitigate any environmental concerns from groundwater, soil, or soil vapor contamination." 13. * The city accepts maintenance responsibility for Bridger Vale Drive, except for the landscaping and stormwater facilities in the median which shall be the responsibility of the property owners' association. 14. An encroachment permit must be obtained for the landscaping and stormwater facilities in Bridger Vale Drive. 15. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. 16. * The declaration of covenants, conditions, and restrictions related to all required Institutional Controls must list the City and the Montana Department of Environmental Quality as intended beneficiaries, entitled to enforce the covenants related to the identified and potential environmental hazards and remediation on the property. 17. Due to the depth to groundwater at this location, no crawl spaces or basements will be allowed. The applicant must include a note on the plat that no crawl spaces or basements are allowed in this subdivision. 18. The alley must have curbing on both sides. A drop curb on the south side will be allowed while a standard 6"by 6" curb is required on the north side. 19. The applicant must include a note on the conditions of approval sheet of the plat that states that maintenance of all stormwater facilities is the responsibility of the property owners' association. 20. The applicant must coordinate with the City and the owners of the Park to the south to design and improve the transition from a paved road to existing road surface prior to final plat approval. 21. A construction management plan must be submitted with the infrastructure plans and the final plat application that maintains access to park at all times during construction. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 15 of 34 22. A fire hydrant flow test performed within the last 12 months must be used for Water and Sewer Design Report. This updated data can be submitted with the infrastructure plan review. 23. The extension of the sewer system must be designed and constructed as to allow for the future construction of Manley Road. Manholes may not be placed within vehicle wheel paths. 24. A dog waste station acceptable to the city parks department must be added to the parks master plan for the city park lot. 25. The CIL of affordable housing fee must be paid at the time of building permit issuance. 26. If the building permits are issued over time the CIL amount due will be adjusted based on the currently adopted rates at the time of permit issuance. 27. * A notice must be filed concurrently with the final plat requiring that all development on the property must comply with the recorded Declaration of Institutional Controls for the Bridger Vale Annexation (Document #2634483 in the records of the Gallatin County Clerk and Recorder). 28. *No wells for potable or irrigation use are permitted within the boundaries of the Bridger Vale subdivision. 29. * The applicant must execute at the Gallatin County Clerk&Recorder's Office in conjunction with the final plat, a waiver of right-to-protest creation of a City-wide special district for parks and trails, which would provide a mechanism for the fair and equitable assessment of costs for City parks and trails. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.220.300 and 310. The Property Owners' Association(POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. A common area and facility maintenance plan is not included. A common area and facility maintenance guarantee is not included. A guarantee for open space preservation is not provided. A final weed control plan must be provided. 2. BMC 38.240.450 requires a certificate of completion of improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 3. 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 stormwater open space lot. 4. 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 in and adjacent to public parks or other open space areas is required prior to final plat approval. 5. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with the final plat application and infrastructure plans. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 16 of 34 6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land,private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association(POA),the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space,the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4)For the transfer of ownership interest in water,the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 7. BMC 38.240.530 When irrigation of public facilities are to be installed prior to final plat approval,the final plat of the subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public facilities including parkland and public access open space. This certificate must be provided on the final plat. Irrigation by a well is prohibited by Condition of Approval 28. Therefore, and alternate means of irrigation must be provided. 8. 38.400.060.B.4 BMC requires all arterial and collector streets and intersections with arterial and collector streets to operate at a minimum level of service "C" unless specifically exempted by this section which allows an exception to the LOS standard if: a. Granting a waiver would not be contrary to the public health and safety and is in the public interest; i. As the intersection level of service operates at a LOS "D"in the AM peak- hour condition primarily due to left turn traffic from Manley onto Griffin and traffic generated by this project will impact the intersection LOS primarily in the PM peal-,hour condition as traffic leaves the project,the public health and safety are protected. b. Improvements to the intersection LOS are within the next three years of the City's capital improvement plan(CIP); i. The CIP lists this intersection for construction of improvements within three years. c. All right-of-way necessary for the intersection improvements are obtained; 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 17 of 34 i. The City has verified that all right of way is in public control. d. The Commission has approved a financing plan; i. The financing is provided through the City's Impact Fee Program and the applicant must verify if a local share is required for this intersection other than what is planned in the City's Arterial and Collector District Fund. ii. 9. BMC 38.410.130 Prior to a final approval of all development reviewed as a site plan, conditional use permit,planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price. The applicant must pay CIL of water rights due prior to final plat approval. 10. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services. 11. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger Vale Property Owners' Association(POA) documents must incorporate the stormwater maintenance plan and clearly state the property owners' association responsibility for stormwater maintenance for all stormwater facilities. 12. BMC 38.410.080. The applicant is proposing stormwater facilities in locations known to have a high groundwater table. The Stormwater Division recommends that the Engineer confirm that groundwater will not impact the function or maintenance of the facilities by completing a geotechnical analysis and seasonal high groundwater study. 13. BMC 38.270. Plans and Specifications for water and sewer main extensions, streets, and storm water improvements,prepared and signed by a professional engineer(PE)registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection,post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in Section 38.270.030.D of the Bozeman Municipal Code are met to allow for concurrent construction. The applicant must complete construction of off-site sanitary sewer upgrades prior to obtaining a building permit. SECTION 5-RECOMMENDATIONS AND ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions on February 6, 2019. The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on March 8, 2019 and recommended approval of the applicant's parks plan with a condition to add a dog waste station. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 18 of 34 The Community Affordable Housing Board reviewed the application on March 13,2019 and recommended approval of the applicant's proposal to utilize cash in lieu of affordable housing in order to meet code requirements. The Planning Board conducted a public hearing on March 5, 2019, for the subdivision application and made a recommendation for conditional approval to the City Commission. Board minutes and recommendations are attached to this report. The public hearing date for the City Commission was March 25, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission The Bozeman City Commission met to consider the application for a preliminary plat to allow the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. 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 Commission also considered and approved the parks master plan 5:0 for the project. 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 3/25/19: https://www.bozeman.net/services/city-tv-and-streaming-ag udio. SECTION 6-ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria,Section 38.240.130.A.S.b,BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 19 of 34 sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Staff recommends conditions no. 2-6, 8, and code requirements 1-3 and 5-7 to address necessary documentation and compliance with adopted standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on May 5, 2017 and was deemed inadequate for further review on May 10, 2017 as the property was not annexed into the City. The City denied the annexation of the property into the city on October 23,2017.The City notified the applicant again that the project was inadequate for further review on October 25, 2017 due to the property not being annexed and under the jurisdiction of the City. The City Commission approved the annexation of the property into the City on February 5, 2018. The applicant requested that the City review the application following the annexation proceedings, but did not update the application materials. The City deemed the application unacceptable for review on March 21,2018 as the application did not meet the submittal requirements. Revised application materials were received on June 22, 2018. The City deemed the application acceptable for initial review on June 29, 2018. The City reviewed the application through the Development Review Committee and on July 23,2018 the application was deemed inadequate for review. Revised materials were received on October 9, 2018 and the City deemed the revised materials acceptable for review. The Development Review Committee reviewed the application materials and deemed the application inadequate for review on November 1, 2018. The application was reviewed and found inadequate for further review on November 18, 2017.Revised materials were submitted on January 9,2019. The Development Review Committee reviewed the application and it was found adequate for continued review on February 6,2019.The application was found adequate for review on February 6, 2019. Public hearings were scheduled for March 5, 2019 and March 25, 2019. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter,the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. 17231, City Commission Findings of Fact—Bridger Yale Subdivision Page 20 of 34 The Planning Board conducted a public hearing and reviewed the application on March 5, 2019. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board recommended approval of the project with the conditions and code provisions outlined in this staff report. No public comment was presented at the public hearing. 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 BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by April 18, 2019, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and no comment was received as of the issuance of the City Commission staff report. On February 27, 2019 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval to the Planning Board. Planning Board made a favorable recommendation on March 5, 2019. The public hearing date for the City Commission was March 25, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission met to consider the application for a preliminary plat to allow the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. 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 Commission also considered and approved the parks master plan 5:0 for the project. 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 3/25/19: hgps://www.bozeman.net/services/city-tv-and-streaming-ag udio. 4) Compliance with Chapter 38,BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 21 of 34 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 7 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 will be located within dedicated street right of ways. Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards 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. Manley Road frontage is proposed to be dedicated with this plat to a collector standard. Manley Road provides access to the proposed Bridger Vale Drive to be dedicated as a public street. All of the proposed lots have frontage to Bridger Vale Drive, a public street proposed required to be constructed to a higher standard than the local street section in City standards. A PUD relaxation is requested to allow the alternative street section.Physical access to each lot is proposed via a city alley located to the rear of the commercial and townhome lots. The final plat musts contain a statement requiring lot accesses to be built to the standards contained in this section,the city design standards and specifications policy, and the city modifications to state public works standard specifications unless modified through the approval of the PUD. The City accepts maintenance responsibility for Bridger Vale Drive excepting the landscaping and stormwater facilities in the median as the street exceeds local street standards and will be used by the broader community to access the EGRA. Condition of approval 13 is related to this issue. Primary Subdivision Review Criteria, Section 76-3-608 1)The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as a residential mixed use and open space area according to the City of Bozeman Community Plan. The area is zoned for mixed use development. The site is currently use for grazing during the summer months. The forage quality is low and the site is bifurcated by the primary access road to the East Gallatin Recreation Area(EGRA). 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities.No irrigation facilities are on the site. There is an existing ditch on the west side of the lot that passes under the drive approach to the EGRA. The ditch is the outlet to Glen Lake and conveys water to the East Gallatin River. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 22 of 34 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way, of Manley Road, Turtle Way and Gallatin Park Drive. The subdivider proposes to extend water and sewer mains to the commercial and townhome lots within Bridger Vale Drive and within the alleyway. In order to meet water system requirements a water main loop must be constructed to connect to a water main in Turtle Way. 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 in order to provide a long term water supply for the project. Streets—The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout extends Bridger Vale Drive from Manley Road to the EGRA. The street is proposed to exceed local street standards through a PUD relaxation. Bridger Vale Drive includes two separated travel lanes,parking on both sides of the street and a stormwater treatment bioswale in a median separating the travel lanes. City standards sidewalks are provided on both sides of the street. The City accepts maintenance responsibility for Bridger Vale Drive excepting the landscaping and stormwater facilities in the median as the street exceeds local street standards and will be used by the broader community to access the EGRA. Condition of approval 13 is related to this issue. The certificate of dedication for the final plat will list specific duties for maintenance. Manley Road right of way is proposed to be dedicated with this plat to provide a full collector standard along the frontage. The Manley Road frontage is required to be improved with this project. A special improvement district is in process for the street, stormwater and pedestrian and lighting improvements to Manley Road from Griffin Drive north to the city limits north of this project site. The intersection of Manley Road and Griffin Drive operates under a level of service allowed by the code. The applicant requests a waiver to the requirement to upgrade the intersection as allowed by the code. The Director of Public Works will issue a waiver as the waiver criteria have been met. The improvement to Griffin Drive and the intersection are in the approved City Capital Improvement Plan for year 2020 for the intersection and 2021 for the street improvement to Griffin Drive between N. 7th Avenue and Rouse Avenue. An alley provides access to the commercial and townhouse lots. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Conditions of approval 18-21, 24, and 25 are related to these findings. Police/Fire—The area of the subdivision is within the service area of both these departments.No concerns on service availability have been identified. Stormwater- The subdivision will construct storm water control facilities to conform to municipal code. A bioswale is proposed in the landscape median of Bridger Vale Drive. A 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 23 of 34 detention pond is proposed on the west side of the open space. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners' association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions 4, 5, 14, 15, 19 ensures this will be satisfied according to standards with the final plat. Parklands - The proposal meets the required park dedication and improvement standards if relaxations are granted through the PUD. The Recreation and Parks Advisory Board will review the park master plan and the location and scope of improvements. A final park plan will be completed and approved with the final plat. The proposed park plan includes dedication of land with improvements to meet the obligation. The City Commission has approved a park master plan for the EGRA. Improvements proposed are in conformance to that plan. Plans and specification review by the Park Department will occur before installation of any work. Conditions of approval 4, 6 and 20 are related to this issue. BMC 3 8.42.090 authorizes the City to require waivers of right to protest creation of park maintenance districts. The new development will create two new parks and open spaces with public access with associated maintenance requirements. The residents will also be able to use other public parks throughout the City. A park maintenance special district facilitates maintenance in a manner that is proportionate to demand. The state recently changed the laws regarding creation of special districts. A waiver recorded with the final plat will ensure that the waiver is correctly drafted to meet state law requirements. Condition of approval 29 is related to this issue. 4) The effect on the Natural environment The subdivision will not significantly impact the natural environment. Manmade wetlands exist as part of a ditch along the west property boundary. The ditch is the outfall of Glen Lake to the south. A buffer is proposed from the wetlands associated with the outfall of Glenn Lake to protect their function. The proposed buffer to the Glen Lake outflow and associated wetlands exceeds code standards. An Army Corps of Engineers 404 permit is required to expand the access crossing of this ditch to construct Bridger Vale Drive at a width larger than the current crossing as the ditch flows into the East Gallatin River, a water of the United States under the jurisdiction of the Army Corps. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests,through a PUD relaxation,to not irrigate parkland, open space or other public lands landscaping with a well. Very low levels of vinyl chloride have been detected within the subdivision. Therefore,the environmental consultants recommend against using ground water for irrigation. Institutional Controls are established to address the presence of the vinyl chloride. Condition 29 prohibits the use of wells for irrigation or potable use. 17231, City Commission Findings of Fact—Bi-idger Vale Subdivision Page 24 of 34 The site is in an area of high groundwater,which may negatively impact future homes or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16 prohibits use of basements or crawl spaces and requires addition of a notation of this restriction on the condition of approvals sheet. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by grazing,which has reduced wildlife habitat. There are no known endangered or threatened species on the property. Birds,waterfowl, and other small animals utilize the overflow from Glen Lake. The wetlands and ditch will have a thirty foot buffer and will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects. 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 subdivision has been reviewed by the DRC,which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. To the east of the site exists the East Gallatin Landfill(EGL)which is designated by the Montana DEQ as a low-level Montana Comprehensive Cleanup and Responsibility Act (CECRA). The EGL accepted solid waste between 1962 and 1970 and is therefore approaching 50 years since it last accepted refuse. The Montana DEQ regulates cleanup of the site and the City has implemented a program for updating its monitoring of groundwater and soil vapor. In a recent study conducted by the Applicant in 2015,Volatile Organic Compounds (VOCs) were detected in groundwater and soil vapor along the southern and eastern margins of the property at low levels with one indication of vinyl-chloride which exceeded the human health standard. Recognizing on-site conditions during discussions with the property owner prior to and at the time of annexation, city staff recommended and the Commission required the imposition of numerous institutional controls to protect the health and safety of future residents of the proposed Bridger Vale development. The institutional controls were recorded as Document 2634483 at the Gallatin County Clerk and Recorder and a copy is attached to this staff report. The City and/or Montana Department of Environmental Quality may enforce the institutional controls. As noted,the City Commission previously reviewed the institutional controls at the time of annexation. See City Commission packet materials from the December 17. 2018 approval of the 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 25 of 34 Bridger Vale Annexation) A Term of Annexation(#11)was required to protect future residents from potential exposure to the identified VOCs, which states: "All lots shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns." See condition#12. To protect public health and safety from any potential groundwater contamination the institutional controls also prohibit groundwater wells for irrigation. The potable water for the subdivision will be City water. In addition to the sub-slab depressuriation systems, slab foundations are required on the lots, which will prevent potential groundwater damage that might otherwise occur on structures with a full basement and limit vapor intrusion of soil gases that may contain VOCs. Another condition of approval requires notice to future property owners. The notice must provide that the owners be notified of the development's classification of a PUD, and importantly, a listing of the environmental site assessments conducted for the property and a summary of the findings of each report and where the reports may be viewed. The conditions of approval also require a notice in the POA documents referencing the environmental conditions, and required mitigation along with a note on the conditions of approval sheet of the plat notifying property owners of the same. The purpose of noticing is to provide all available information to future residents at the time they determine to purchase a lot or a townhome. Another term of annexation required the institutional controls require the developer to establish a monitoring program that details sampling objectives and design, sampling location and frequency, sampling methods,testing methods, quality control and data storage to monitor ground vapor and the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality to conduct sampling. Subsequent requirements must be included in the property owners' association documents to provide sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues in effect until otherwise agreed to by the City. The annexation agreement and declaration of institutional controls are attached to this report. Conditions of approval 8-12 are related to these issues. Overall,related to possible environmental contamination of the site from the adjacent EGL,the City Staff has reviewed available data and determined public health and safety can be protected through several means. At the time of annexation,the Commission required the developer and future property owners' association to implement best practices for mitigating impacts through the imposition of institutional controls. The controls are already of record,run with the land, and are binding on all current and future owners.. During subdivision review the City must ensure that during development and platting the already required controls are implemented in the development process. This occurs through the use of covenants (enforceable by the City), through noticing to future purchasers, and notes on the face of the plat. Finally,the City 'Available at http://weblink.bozeman.net/WebLink8/0/doc/169930/Electronic.aspx. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 26 of 34 Engineering Division has contracted with Water&Environmental Technologies to continue to refine a conceptual site model and determine where additional monitoring data is needed. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,Mont Code Ann. and as a result,the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on September 12, 2016. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 "Additional Subdivision Preliminary Plat Supplements." Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220.060,BMC. 38.220.060.A.1 Surface Water This subdivision will not significantly impact surface water. Manmade wetlands exist as part of a ditch along the west property boundary. The ditch is the outfall of Glen Lake to the south. A buffer is proposed from the wetlands associated with the outfall of Glenn Lake to protect their function. The proposed buffer to the Glen Lake outflow and associated wetlands exceeds code standards. An Army Corps of Engineers 404 permit is required to expand the access crossing of this ditch to construct Bridger Vale Drive at a width larger than the current crossing as the ditch flows into the East Gallatin River, a water of the United States under the jurisdiction of the Army Corps. 38.220.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. There are no designated floodplains on the site. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections,the subdivision will not significantly impact groundwater. The geotechnical investigation report is included in the application submittal. Groundwater was encountered in all test pit excavations. Groundwater depth is at 5.8 feet. Condition 16 is proposed to restrict basements and crawl spaces due to high groundwater. The ground vapors and water is contaminated with volatile organic compounds A Term of Annexation(#11)has been required to protect future residents from potential exposure to the identified VOCs,which states: "All lots shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns."This is condition of approval recommended by the Development Review Committee for the PUD and preliminary plat. Slab foundations are proposed on the residential lots which will prevent potential groundwater damage that might otherwise occur on structures with a full basement. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 27 of 34 BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to not irrigate parkland, open space or other public lands landscaping with a well through a PUD relaxation. The property's groundwater is impacted by VOC's and the environmental consultants recommend against using ground water for irrigation. Condition of approval 28 prohibits the use of wells for irrigation or potable use. The City prefers not to use the municipal water supply for irrigation. Therefore,this relaxation is consistent with the on-site situation and City policy. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The site is a majority loam with slopes ranging from 04%. There are no hazardous features associated with this soil type,however it is recommended that a geotechnical engineer certify any foundation design prior to construction. Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements A condition of approval is recommended to address this issue. There are two small areas of the lot that are classified as sanitary landfill. Soil analysis confirms that the levels of 71 constituent chemical were below the minimum detection level. In an effort to eliminate the remaining environmental concerns, sub-slab vapor mitigation systems will be required on all lots. The NRCS soils report for the lot is attached to the application with a soils analysis. A term of annexation required that the application file a declaration of institution controls for the Bridger Vale Annexation that requires among other things that the developer establish a monitoring program that details sampling objectives and design, sampling location and frequency, sampling methods,testing methods, quality control and data storage to monitor ground vapor,the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality. Subsequent requirements are included to be included in the property owners' association documents to provide sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues in effect until otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls are attached to this report 38.220.060.A.5 Vegetation This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. The wetlands and ditch will have a thirty foot buffer that exceeds code standards and will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects. Wetlands are present along ditch outfall from Glen Lake. Other than the ditch and wetlands the area has been substantially disturbed by animals and grazing which has displaced most original plants. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife. See comments above under Criterion 5. 38.220.060.A.7 Historical Features No notable features are on the site. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 28 of 34 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction. 38.220.060.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. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities Required materials are provided. The Bozeman School District has identified that adequate capacity is available. 38.220.060.A.15 Land Use The use proposed is mixed use residential which conforms to the future land use designation and zoning purposes. The property has a future land use designation of the Parks, Open Space, and Recreational Lands and is zoned REMU, Residential Emphasis Mixed Use and PLI, Public Lands and Institutions. Table C-16 of the Bozeman Community Plan shows both REMU and PLI zoning as implementing districts of the Parks, Open Space, and Recreational Lands. Although not in obvious accordance with the growth policy map,the property is in accordance with the overall intent of the growth policy. The site is privately owned, and thus its current designation does not create any public right of use to the property. The applicant proposes to set aside a large portion of the property as park land and open space under PLI zoning and to substantially enhance the EGRA access drive by construction a street with on street parking, lighting, a landscaped median and pedestrian sidewalks. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 29 of 34 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Provided by the existing and expanded EGRA including the new parkland and publicly accessible open space provided by this development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City's requirement for cut-off shields as required by the City's specifications. A Special Improvement Lighting District(SILD)will be created prior to final plat application. 38.220.060.A.19 Miscellaneous The proposed subdivision will improve the access to public lands. Currently the project serves as an access to EGRA as stated in Section Q. The proposed subdivision will improve the access road to the EGRA, additionally it will promote connectivity adjacent developments and the EGRA. Paved trails through the open space and park in the subdivision will connect the EGRA to the neighboring developments. Potential hazards in the subdivision are levels of chemicals in the groundwater vapor in the site. While not at hazardous levels volatile organic compounds in the vapor of some groundwater are above the minimum detection levels. In an effort to alleviate the risk, sub slab vapor mitigation systems are required on all proposed structures. The proposed subdivision is outside of the Wildland Urban Interface (WUI). Fire hydrants located within the subdivision will mitigate the risk of fire spreading past the WUI. 38.220.060.A.20 Affordable Housing The subdivision application proposes to meet the requirements for price controlled affordable housing set by BMC 3 8.3 80,by payment of cash in lieu. This is an allowed alternative for compliance. The applicant proposes to make necessary payments with each building permit of the development. This is acceptable. See the attached memo form the Affordable Housing Manager for current data. 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. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 30 of 34 C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on March 25, 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, Bridger Vale, LLC, 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 March 25, 2019 and no members of the public offered testimony for 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 3 8, 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 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 3 8, 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. 17231, City Commission Findings of Fact—Bridget, Vale Subdivision Page 31 of 34 DATED this 6"' day of-Aprif;2019. Nl� BOZEMAN CITY COMMISSION THOX L. DRUS ayor ATTEST: Bo 17 0.• • • 4. ,^ ROBIN CROUGH City Clerk 9�• y1883 ,•4' •• 9TjN CO•S1p'` APPROVED AS TO FORM: ULLIVAN City Attorney 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 32 of 34 APPENDIXA PROJECT SITE ZONINGAND GROWTHPOLICY Zoning Designation and Land Uses:The property is zoned REMU,Residential Emphasis Mixed Use and PLI,Public Lands and Institutions. The intent of the REMU District is to promote neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live- work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. 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. The intent of the PLI district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district,however larger areas will be designated PLI. Adopted Growth Policy Designation: The property is designated as "Parks, Open Space and Recreational Lands" in the Bozeman Community Plan. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements which may not be open for public use. APPENDIX B—NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420,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 on February 15, 2019, and by legal advertisement publication in the Bozeman Daily Chronicle on February 17 and 24, 2019. Content of the notice contained all elements required by Article 38.220., BMC. The public hearing date for the City Commission was March 25, 2019. 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 33 of 34 The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public comment was received. The City Commission met to consider the application for a preliminary plat to allow the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. 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 Commission also considered and approved the parks master plan 5:0 for the project. 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 3/25/19: https://www.bozeman.net/services/city-tv-and-streaming-ag udio. APPENDIX C—PROJECT BACKGROUND The applicant,Bridger Vale,LLC. annexed the 6.49 acres into the City limits and establish initial zoning of REMU,Residential Emphasis Mixed Use on 4.67 acres of the property and PLI, Public, Open Space and Recreational Lands on the remaining 1.83 acres. The zoning was effective on February 7, 2019. The applicant previously proposed an application for a Growth Policy Map Amendment for the same property to change the future land use from Parks, Recreation and Open Space to Residential for the entire tract. The City Commission denied the request following a public hearing on May 11,2015. The site is currently vacant and being used for cattle grazing with the primary access road for the East Gallatin Recreation Area(EGRA)running through the property. Gallatin Park industrial subdivision is located across Manley Road from the subject property and contains office, service, warehousing, accessory apartments, commercial retail services and other mixed industrial uses. Sunfish Park Minor Subdivision is located to the south and is a 5-lot residential subdivision located on Turtle Way. To the east of the site,there is a former landfill that is a low-level Montana Comprehensive Cleanup and Responsibility Act(CECRA) site and is no longer in operation. Cleanup of the site is managed by the Montana DEQ. In a recent study conducted in 2015,Volatile Organic Compounds (VOCs)that are not naturally occurring were detected in groundwater and soil vapor along the southern and eastern margins of the property at low levels with one indication of vinyl- chloride which exceeded the human health standard. A Term of Annexation was adopted to protect future residents from potential exposure to the identified VOCs,which states: "All lots 17231, City Commission Findings of Fact—Bridger Vale Subdivision Page 34 of 34 shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns." Groundwater wells are restricted on this property. Another term of annexation required that the application file a declaration of institution controls for the Bridger Vale Annexation that requires among other things that the developer establish a monitoring program that details sampling objectives and design, sampling location and frequency, sampling methods,testing methods, quality control and data storage to monitor ground vapor,the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality. Subsequent requirements are included to be included in the property owners' association documents to provide sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues in effect until otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls are attached to this report. APPENDIX D - OWNER INFORMATION Owner/Applicant: Bridger Vale LLC,PO Box 930 Manhattan, MT 59741 Representatives: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Brian Krueger,Development Review Manager FISCAL EFFECTS The development will generate the typical costs and revenues of residential and commercial development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street,Bozeman,MT 59715.