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19219, Planning Board Staff Report for the Gran Cielo Subdivision
Public Hearing Date: Planning Board, September 3, 2019 at 7:00 pm in the City
Commission Room 121 N. Rouse Avenue, Bozeman, Montana
City Commission, September 23, 2019 at 6:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana
Project Description: A Preliminary Plat application for a proposed 48.754-acre major
subdivision to create 124 residential lots, 3 open space lots, 1 park and the
associated right-of-way. This subdivision has already received preliminary plat
approval with a Findings of Fact signed on July 16, 2018; this review is due to
changes to parkland and density.
Project Location: The subject parcel is located northwest of the intersection of S. 27th
Avenue and Graf Street and legally described as Tracts 3&4 of Certificate of Survey
2725, located in Section 23, Township 2 South Range 5 East.
Recommendation: Approval with conditions and code requirements
Planning Board 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 19219 and move to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
Commission 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 19219 and move to approve the
subdivision with conditions and subject to all applicable code provisions.
Report Date: August 29, 2019
Staff Contact: Danielle Garber, Associate Planner
Griffin Nielsen, Review Engineer
Agenda Item Type: Action (Quasi-judicial)
19219, Planning Board Staff Report – Gran Cielo Subdivision Page 2 of 15
EXECUTIVE SUMMARY
Unresolved Issues
1) In addition to the unresolved issues listed in this report, all unresolved issues in the
Findings of Fact originally reviewed with the Gran Cielo Major Subdivision preliminary
plat application no. 17522 remain.
2) The Parks Department is still reviewing final details for the proposed “central park” and
infrastructure-in-lieu of parkland proposal. The master park plan as it stands meets
minimum requirements, but the overall density calculation and exact dollar value of
required improvements is still being reviewed and does not yet have a recommendation
from the Recreation and Parks Advisory Board.
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on October 25, 2017, requesting a major subdivision. The project and
subsequent revisions were reviewed by staff and on June 18, 2018, this subdivision was
approved by the City Commission.
On February 1, 2019, a new Pre-Application was received and reviewed by the Development
Review Committee (DRC). On May 22, 2019, this preliminary plat was received. Since the
preliminary plat approval by the City Commission in 2018, the second park in Phase IV, Block
14 has been removed triggering this new review cycle. The applicant proposes
approximately 21 units be placed on lot 4 instead and enhanced amenities as improvements-
in-lieu be provided in the “central park” totaling 4.24 acres.
The Parks Department provided corrections and comments attached to this report and noted
in code correction 2 below. When corrections are received from the applicant, the RPAB will
provide a recommendation to the City Commission.
With the exception of the Parks Department, the DRC did not provide any additional
comment or corrections, noting that the code corrections and conditions of approval
provided for the original pre-plat no. 17522 are all still relevant.
All staff findings in the attached finding of facts for this subdivision still stand. This
report aims to provide supplementary information and findings based on the proposed
changes.
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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. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items. This
alternative is requested if the Commission wishes to amend or add conditions of
approval.
TABLE OF CONTENTS
EXECUTIVE SUMMARY...........................................................................................................................................2
Unresolved Issues......................................................................................................................................2
Project Summary........................................................................................................................................2
Alternatives...................................................................................................................................................2
SECTION 1 - MAP SERIES......................................................................................................................................4
SECTION 2 – REQUESTED VARIANCES...........................................................................................................6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL.................................................................6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS..........................................6
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS.................................................................7
SECTION 6 - STAFF ANALYSIS AND FINDINGS............................................................................................7
Applicable Subdivision Review Criteria, Section 38.03.040, BMC........................................7
Primary Subdivision Review Criteria, Section 76-3-608..........................................................9
Preliminary Plat Supplements...........................................................................................................10
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY..........................................................12
APPENDIX B – NOTICING AND PUBLIC COMMENT...............................................................................14
APPENDIX C - OWNER INFORMATION.........................................................................................................14
FISCAL EFFECTS.....................................................................................................................................................14
ATTACHMENTS.......................................................................................................................................................14
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SECTION 1 - MAP SERIES
Figure 1: Growth Policy Designation
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Figure 2: Zoning Map
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Figure 3: Subdivision Map (Changes Highlighted in Red)
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SECTION 2 – REQUESTED VARIANCES
No variances are requested with this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report. These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval:
1. In addition to the conditions of approval listed in this report, all conditions of approval
in the Findings of Fact originally reviewed with the Gran Cielo Major Subdivision
preliminary plat application no. 17522 remain.
2. The plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM), and must be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application must include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one
(1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. The applicant must submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and must include a digital copy
(pdf) of the entire Final Plat submittal. This narrative must in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. 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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
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1. In addition to the code provisions listed in this report, all code provisions in the Findings
of Fact originally reviewed with the Gran Cielo Major Subdivision preliminary plat
application no. 17522 remain.
2. Bozeman Municipal Code (BMC) 38.420.020.A.2 – Revise the parkland table and parkland
proposal to reflect correspondence from the Parks and Planning Manager (Addi Jadin)
dated July 23, 2019 requiring parkland dedication and Cash or Improvements-in-lieu to
be based off the 8 DU/Acre density cap for unknown density of mixed multi-household
and single-household lots.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application was inadequate for continued review due to the
remaining required corrections for the Parks Department on August 15, 2019.
The Planning Board will conduct a public hearing on the related subdivision and make a
recommendation to the City Commission. Public hearing date for the Planning Board is
September 3, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse
Avenue at 7:00 pm.
Public hearing date for the City Commission is June 23, 2019. The hearing will be held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm.
SECTION 6 - STAFF 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 38.03.040, 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 No. 2, the final plat must comply
with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or State law. Sections 3 and 4 of this report identify conditions and code corrections
necessary to meet all regulatory 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 22, 2019. The application was reviewed and found
inadequate for further review on August 15, 2019. Public hearings were scheduled on August
18, 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 shall forward a recommendation in a report to the City Commission who will
make the final decision on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be
made within 80 working days of the date it was deemed adequate, pursuant to Section
38.240.130.A.5.a(4), BMC, 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 this staff report.
On August 29, 2019, this major subdivision staff report was completed and forwarded with
a recommendation of conditional approval for consideration by the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met 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.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
No change with this application, see attached Findings of Fact for the Gran Cielo Subdivision,
application no. 17522.
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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
No change with this application, see attached Findings of Fact for the Gran Cielo Subdivision,
application no. 17522.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
2) The effect on Agricultural water user facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
3) The effect on Local services
Also see attached Findings of Fact for the Gran Cielo Subdivision, application no. 17522
Parklands - The proposal meets the required park dedication and improvement standards.
The Recreation and Parks Advisory Board is waiting on revisions to the required parkland
calculation and itemization of improvements beyond the minimum for the improvements-
in-lieu calculation being used to replace the originally planned second park in Lot 4, Block
14. A final park plan will be completed and approved with the initial final plat. The
proposed park plan includes dedication of land with additional improvements to meet the
total obligation. Plans and specification review by the Parks Department will occur before
installation of any work. Preliminary Plat supplement P contains the current park plan and
demand calculations.
Water/Sewer – Municipal water and sewer can be provided to this site. The Engineering
Division reviewed changes to demand created by changing Lot 4, Block 14 to residential
units from parkland.
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. This application proposes no changes to the originally approved street
alignment. The Engineering Division found that the traffic impact statement originally
reviewed with application 17522 is still valid.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No changes to these circumstances were presented with the change in
density with this application.
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Stormwater - The subdivision will construct stormwater control facilities to conform to
municipal code. With changes to density presented with this application the detention
pond in the northwest corner of block 14 has been expanded and this condition was
reviewed by the Engineering Division. 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.
4) The effect on the Natural environment
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
5) The effect on Wildlife and wildlife habitat
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
6) The effect on Public health and safety
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on March 6, 2019.
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 38.41, BMC.
38.220.060.A.1 Surface Water
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.2 Floodplains
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.3 Groundwater
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
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38.220.060.A.4 Geology, Soils and Slopes
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.5 Vegetation
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.6 Wildlife
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.7 Historical Features
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.8 Agriculture
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.9 Agricultural Water User Facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.10 Water and Sewer
See discussion above under primary review criteria.
38.220.060.A.11 Stormwater Management
See discussion above under primary review criteria.
38.220.060.A.12 Streets, Roads and Alleys
See discussion above under primary review criteria.
38.220.060.A.13 Utilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.14 Educational Facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
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38.220.060.A.15 Land Use
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
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 creation of the central park. Additional features within the park are identified
in Supplement P.
38.220.060.A.18 Lighting Plan
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.19 Miscellaneous
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.20 Affordable Housing
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522. No detached homes or townhomes proposed with the
conversion of Lot 4, Block 14 to residential uses.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential
Medium Density District) and R-4 (Residential High Density District). The intent of the R-3
residential medium density district is to provide for the development of one- to five-
household residential structures near service facilities within the city. This purpose is
accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings,
two to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect of
nonresidential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
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The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated
service functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building
area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial
districts, and/or served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification 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.
19219, Planning Board Staff Report – Gran Cielo Subdivision Page 15 of 15
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. Per Article 38.40, Notice was provided by posting the site,
mailing by certified mail to adjacent property owners and by first class mail to all other
owners within 200 feet, and by legal advertisement publication in the Bozeman Daily
Chronicle. Content of the notice contained all elements required by Article 38.40, BMC.
APPENDIX C - OWNER INFORMATION
Owner: Bozeman Haus LLC, c/o CP Manage LLC 8401 Wagon Boss Road Bozeman MT
59715
Applicant: Cadius Partners LLC 8401 Wagon Boss Road Bozeman MT 59715,
Representative: Madison Engineering 895 Technology Boulevard Suite 203 Bozeman MT
59718.
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential 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.
Application materials – Available through the Laserfiche archive linked agenda materials.
Public Comment:
None to date