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HomeMy WebLinkAbout19- Findings of Fact and Order - Amended Plat of the Knolls at Hillcrest Minor Subdivision Preliminary Plat, Application 18359 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Amended Plat of the Knolls at Hillcrest Minor Subdivision Preliminary Plat 18359 Public Hearing Date: City Commission meeting is May 13, 2019 at 6:00 pm. Project Description: A subsequent minor preliminary plat application to allow the subdivision of two lots of 1.84 acres for nonresidential restricted development to create two lots of 1.84 acres for residential development. Project Location: The property is legally described as Lots and 3 of the Knolls at Hillcrest Subdivision, located in the NE 1/a of Section 18, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County,Montana. The property is zoned RO, Residential Office District. Recommendation: Approval with conditions and code provisions. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 2 of 20 Recommended Motion: "Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18539 and move to approve the Amended Plat of the Knolls at Hillcrest Subdivision with conditions and subject to all applicable code provisions." Report Date: May 1, 2019 Staff Contact: Brian Krueger, Development Review Manager Agenda Item Type: Action(Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application requesting a subsequent minor subdivision of two existing lots consisting of 1.84 acres that are restricted for non residential development to create two identical lots for residential development totaling 1.84 acres. The lot use restriction was self-applied by the subdivider during the original subdivision and was not a city requirement. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On March 27,2019 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. Cash in lieu of parkland dedication is proposed with this subdivision as it is proposed for residential uses and parkland was not provided for these lots as they were restricted for nonresidential uses. Cash in lieu for .58 acres of parkland is proposed for these lots in the amount of$37,897. The Recreation and Parks Advisory Board recommends the use of cash in lieu of parkland for this subdivision. A memorandum from their review meeting is attached to this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. Three members of the public provided testimony on the subdivision at the City Commission meeting on May 13, 2019. The City Commission met on May 13,2019 to consider the application and hold a public hearing for a preliminary plat to allow the subdivision of two lots of 1.84 acres for nonresidential restricted development to create two lots of 1.84 acres for residential development. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 3 of 20 After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations,public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore,the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/13/19: https://www.bozeman.net/services/city-tv-and-streaming-audio. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by June 20, 2019. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission's findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 4 of 20 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 UnresolvedIssues. ..............................................................................................................2 ProjectSummary................................................................................................................. 2 Alternatives......................................................................................................................... 3 SECTION 1 —MAP SERIES.......................................................................................................... 5 SECTION 2—REQUESTED VARIANCES ................................................................................. 8 SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL............................................ 8 SECTION 4—CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS....................... 8 SECTION 5 —RECOMMENDATION AND FUTURE ACTIONS.............................................. 9 SECTION 6—STAFF ANALYSIS and findings........................................................................... 9 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC....................... 9 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11 Preliminary Plat Supplements........................................................................................... 13 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 18 APPENDIX B—DETAILED PROJECT DESCRIPTION .......................................................... 18 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 19 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 19 FISCAL EFFECTS....................................................................................................................... 19 ATTACHMENTS......................................................................................................................... 19 City Commission Findings of Fact Amended Plat of the Knolls at HiUcrest Subdivision Page 5 of 20 SECTION 1 -MAP SERIES 1 � , • ` Ir. ti i k.. is KNOLLS PR T'i x R.T 3 . Legend D Planning Protects%election Parcels -- e Roads t Alloys City Limits Ij _ ❑Zoning Districts ■ ■ I Exhibit I —Zoning P J CO A a a s r� rz O .a 0 a 0 KNOLLS DR Legend Q Planning Pruiucts sulcutiuri Parcels 1 Reads -� Alleys Cih/Limits Community Plan Future Land Use Residential T Residential Emphasis Mixed Use Suburban Residential Regional Commercial and SerVices Community Core Community Commercial Mined Use Business Park Mixed Use Industrial Public Institutions Parks,Open Space and Recreatonal Lands Other Public Lands Golf Course Present Rural Exhibit 2—Community Plan future land use H" M N 7-2 2 2e . 4 Ni Mai ,H C) -------------- ----- ---------------------- tit, af A I F sE --I z C)C) jz" rya: �'� � � -� ` \ � ,Ak � �.. % 3afro \ Ya„�°% it Via i�_ 3�{a jv 3'-a jai••§ 4<dq§ \.`��L \ ��g� .4 Mi 21 �,.Qg i gg3TM iq A Exhibit 3—Preliminary Plat SECTION 2 —REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 —RECOMMENDED CONDITIONS OFAPPR0VAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. The final plat must show and provide all existing utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 4. The applicant must include a note on the final plat sheet that clarifies that the easement along the north side of Lot 3A is a city sewer pipeline and access easement per filed Document #2284594 in the records of the Gallatin County Clerk and Recorder. 5. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Highland Boulevard including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Ellis Street including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Highland Boulevard and Ellis Street d. Intersection improvements to Highland Boulevard and East Main Street e. Intersection improvements to Highland Boulevard and East Kagy Boulevard The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. SECTION 4— CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS All references below to the Bozeman Municipal Code (BMC). City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 9 of 20 A. BMC 38.240.430.A. Cash-in-lieu of parkland. Where there will be a cash donation in-lieu of parkland dedication the final subdivision plat must provide the applicable certificate. The Director of Public Works must be corrected to the Director of Parks and Recreation for the Certificate Accepting Cash Donation In-Lieu-of Land Dedication. B. BMC 38.420.030 Cash in lieu of land dedication for parkland. Cash in lieu of parkland has not been paid. The cash in lieu amount due is required to be paid prior to final plat approval. SECTION S—RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was adequate for continued review and recommended approval with conditions on March 27, 2019. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission is scheduled for a public hearing on this minor subdivision preliminary plat on May 13, 2019 at 121 N. Rouse Avenue, Bozeman at 6 p.m. SECTION 6—STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards,plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition of approval No. 2,the final plat must comply with State statute,Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. Staff recommends Conditions of approval No. 1 and 2 to address necessary City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 10 of 20 documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter,the City Commission will make the final decision on the subdivider's request. The Department of Community Development received a preliminary plat application on August 1, 2018. Staff deemed the application acceptable for initial review in writing on August 7, 2018. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on August 31, 2018. A revised application was received on February 27, 2019. The DRC determined the application was adequate for continued review on March 27, 2019 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application on April 18, 2019 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Tuesday April 23 and Sunday April 28, 2019. The applicant posted public notice on the subject property on April 21, 2019. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on April 19, 2019. No public comment had been received on this application as of the writing of this report. On May 1, 2019 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which is scheduled to make a final decision at its May 13, 2019 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; in this case by June 20, 2019. The public hearing date for the City Commission was May 13, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission The City Commission met to consider the application for a preliminary plat to allow the subdivision of two lots of 1.84 acres for nonresidential restricted development to create two lots of 1.84 acres for residential development. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 11 of 20 The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore,the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/13/19: https://www.bozeman.net/services/city-tv-and-streamin -ag udio. 4) Compliance with Chapter 38,BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and code provisions requiring plat corrections as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval No. 3,requires that all easements, existing and proposed,must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as residential and the property's RO, Residential Office zoning allows for residential development.No agricultural land is present on the lots. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities.No irrigation facilities are present on the lots.No water body alterations are proposed. City Conunissioir Fittditrgs of Fact Amended Plat of'the Knolls at Hillcrest Subdivision Page 12 of 20 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way, Post Drive and Knolls Drive. Sewer exists along the north side of Lot 3A within a city sewer easement.No changes to the proposed water and sewer system are proposed. The engineering division provided advisory comments during DRC review for the future review of development on these lots. The project engineer noted: 1. The downstream sewer collection system serving the lots is at capacity. Future development will not be approved until upgrades are made to the collection system. The City is working to upgrade the Front Street Interceptor which upon completion will create additional capacity. 2. The Bozeman Health hospital is planning a significant expansion,which will increase demand on the existing 8-inch sanitary sewer main downstream of the hospital. An upgrade may be required downstream of the service at the hospital. Upon future development an estimate must be provided for the proposed development to the City in order to determine if an upgrade is required. 3. Upon future development the City will require the applicant to submit the analysis for the pump system servicing subdivision updated for the proposed development's water demand. 4. Prior to future development the applicant must provide water rights and/or payment of cash-in-lieu of water rights for usage that of the existing 10 acre feet. Streets—Existing city standard streets are adjacent to the lots.No street improvements are proposed. Future demands to the transportation system may require an SID to construct improvements to support the subdivision and the residential uses. The DRC recommends site-specific Condition of approval No. 5 to address transportation impact mitigation. Police/Fire—The City's Police and Fire emergency response area includes the subject property. This subdivision does not impact the City' ability to provide emergency services to the property. Stormwater—The subsequent minor subdivision will not significantly impact stormwater infrastructure. Stormwater infrastructure is existing for the Knolls at Hillcrest Subdivision. Parkland—Cash in lieu of parkland dedication is proposed with this subdivision as it is proposed for residential uses and parkland was not provided for these lots as they were restricted for nonresidential uses. Cash in lieu for .58 acres of parkland is proposed for these lots in the amount of$37,897. The Recreation and Parks Advisory Board recommends the use of cash in lieu of parkland for this subdivision. A memorandum from their review meeting is attached to this report. Parks and publicly accessible open space exist within and adjacent to the proposed subdivision to provide recreational amenity. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 13 of 20 4)The effect on the Natural environment The subdivision will not impact the natural environment.No changes to the existing lot configuration or subdivision infrastructure are proposed. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. No changes to the existing lot configuration or subdivision infrastructure are proposed. 6)The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections,the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated(MCA). As a result,the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on January 24,2018. With the pre-application plan review application,the subdivider requested waivers from BMC 38.220.060 "Additional Subdivision Preliminary Plat Supplements"for several of the standard preliminary plat supplements. The DRC granted waivers to the supplemental information under BMC 38.220.060 except for water and sewer, land use and parks and recreation. Staff offers the following summary comments on the supplemental information required with Article 38.220.060,BMC. 38.41.060.A.1 Surface Water This subdivision will not significantly impact surface water. The DRC waived supplemental information.No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. The DRC waived supplemental information.No changes to the existing lot configuration or subdivision infrastructure are proposed. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 14 of 20 38.41.060.A.3 Groundwater Groundwater will not be impacted. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The DRC waived supplemental information.No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.5 Vegetation This subdivision will not significantly impact vegetation. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.6 Wildlife This subdivision will not significantly impact wildlife. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.7 Historical Features This subdivision will not significantly impact historic features. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.8 Agriculture This subdivision will not significantly impact agriculture. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. The DRC waived supplemental information. No changes to the existing lot configuration or subdivision infrastructure are proposed. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 15 of 20 38.41.060.A.10 Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria.No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City's street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. No changes to the existing lot configuration or subdivision infrastructure are proposed. 38.41.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision are existing and installed underground. The DRC waived supplemental information. 38.41.060.A.14 Educational Facilities This subdivision will not significantly impact educational facilities. The subdivision is age restricted. The DRC waived supplemental information. 38.41.060.A.15 Land Use The subdivision will not significantly impact land use. The City of Bozeman Community Plan designates the subject property as residential and the property's RO, Residential Office zoning allows for residential development. Residential uses are planned for the property. 38.41.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.41.060.A.17 Neighborhood Center Plan A neighborhood center is provided by the Knolls at Hillcrest Subdivision and the Bozeman Health Master Plan. The DRC waived supplemental information. 38.41.060.A.18 Lighting Plan No new subdivision lighting is required or proposed. The DRC waived miscellaneous supplemental information. 38.41.060.A.19 Miscellaneous The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. The DRC waived miscellaneous supplemental information. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 16 of 20 38.41.060.A.20 Affordable Housing The DRC waived supplemental information regarding affordable housing. The lots are proposed as multi-household and cannot be developed as single household lots subject to the code requirements. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38,Article 3,BMC, and other applicable sections of Chapter 38, BMC,public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on May 13, 2019 at which time the Department of Community Development Staff reviewed the project, submitted and summarized changes to the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Thomas, Dean and Houking Engineering, Inc., acknowledged understanding and agreement with the recommended conditions of approval, code provisions including the changes to the conditions of approval. E. The City Commission requested public comment at the public hearing on May 13, 2019 and three members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38,Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC,the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore,being fully advised of all matters having come before her regarding this application,the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review,public testimony, and this report,justify the City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 17 of 20 conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of this document by the City Commission,by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this day of JJ-AA— , 2019 BOZEMAN CITY COMMISSION / 4C HIA L ANDRU Mayor ATTEST: O � BOZ A � ROBIN CROUGH City Clerk ��•,y I1 8 �' gTIN co.rto•. APPR A RM: GRE LIVAN City Attorney City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 18 of 20 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned RO, Residential Office. The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by: Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. Use of this zone is appropriate for areas characterized by office or multi- household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas. Adopted Growth Policy Designation: The subject property is designated as Residential in the Bozeman Community Plan. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B —DETAILED PROJECT DESCRIPTION Project Background and Description The Knolls at Hillcrest Subdivision was formally approved by the City Commission in 2006 and the final plat was filed on November 21, 2007. The plat restricted two lots for nonresidential uses. This was not required by the City. This plat seeks to remove the restriction. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 19 of 20 APPENDIX C—NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on April 18, 2019 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Tuesday April 23 and Sunday April 28, 2019. The applicant posted public notice on the subject property on April 21, 2019. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on April 19, 2019.No public comment had been received on this application as of the writing of this report. The City Commission met on May 13, 2019 for the public hearing to consider the application for a preliminary plat to allow the subdivision of two lots of 1.84 acres for nonresidential restricted development to create two lots of 1.84 acres for residential development. Three member of the public provided testimony on the subdivision. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations,public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore,the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/13/19: https://www.bozeman.net/services/city-tv-and-streaming-audio. APPENDIX D — OWNER INFORMATIONAND REVIEWING STAFF Owner: Bozeman Deaconess Real Estate Development Corporation, PO Box 10490 Bozeman, MT 59719 Subdivider: Same as owner Representative: TD and H Engineering 234 E. Babcock, Suite 3, Bozeman, MT 59715 Report By: Brian Krueger, Development Review Manager FISCAL EFFECTS No unusual fiscal effects have been identified.No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. City Commission Findings of Fact Amended Plat of the Knolls at Hillcrest Subdivision Page 20 of 20 Application and Preliminary Plat RPAB memorandum Knolls at Hillcrest 2007 Final Plat Sheet 3 of 3