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HomeMy WebLinkAbout19- Findings of Fact and Order - Parklands at Village Downtown Subdivision Page 1 of 31 19135, City Commission Findings of Fact for the Parklands at Village Downtown Subdivision Public Hearing Dates: Planning Board,August 6, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana. City Commission,August 19, 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 10 lot residential subdivision with stormwater tract, park, and rights-of-way on 4.6558 acres. Project Location: The subject property is zoned R-4 residential high-density district. The property is legally described as Lot 4A, Minor Subdivision 344C, located in the NE 1/4 of section 7 and W 1/2 Section 8, Township Two South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Action:Approval with conditions and code requirements Planning Board 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 19135 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions; and to recommend the staff and applicant to meet and seek resolution of the disagreements regarding conditions 20 and 26. City Commission Motions: 1) Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 19135 and move to approve the Parklands at Village Downtown subdivision with conditions and subject to all applicable code provisions. 2) Having reviewed and considered the application materials, public comment, Recreation and Parks Advisory Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for the park master plan associated with application 19135 and move to approve the Parklands at Village Downtown subdivision park master plan subject to all applicable conditions and code provisions. Staff Contact: Chris Saunders, Community Development Manager Griffin Nielsen, Engineer Agenda Item Type:Action (Quasi-judicial) 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 2 of 31 EXECUTIVE SUMMARY Project Summary The proposed subdivision occurs within the existing Village Downtown planned unit development. The project includes 9 lots described as for individual homes and 11ot for future development for multi-household residential. The individual lots on Block 2 can also be developed for more intensive uses as allowed in the R-4 zone.Access to the individual homes is provided by an alley and a greenway as allowed by municipal code. The proposed park is located adjacent to other property and will provide pedestrian connections to existing and proposed trail connections. The subdivision is proposed to be constructed in one phase with all infrastructure installed or financially guaranteed as allowed by City code. Relocation and expansion of a large sewer trunk (WWIF11) is associated with this project. Several conditions and code requirements address coordination between this subdivision and the larger sewer project. The configuration of the intersection of Village Downtown Boulevard and Front Street is addressed to facilitate future development in the area. Planning Board The Planning Board conducted their public hearing on August 6, 2019. Two members of the public gave testimony regarding traffic, pedestrian crossings at the intersection of Village Downtown Boulevard and Broadway Avenue, and density. The applicant noted objections to Condition 20 regarding configuration of the intersection of Village Downtown Boulevard/Front Street/alley and referenced a letter submitted that afternoon; and Condition 26 regarding timing of sewer construction and filing of a final plat.After consideration of the application and all public comment the Planning Board recommended approval with conditions. The Board suggested applicant and staff meet to seek resolution to the objections. The video of the Planning Board meeting is available for review at https://media.avcaptureall.com/session.html?sessionid=06eec863-7960-4caO-839a- 5fc86674c5bb&prefilter=654.3835.The review of this subdivision was the first action item in the meeting. 19135, City Commission Findings of Fact-Parklands at Village Downtown Subdivision Page 3 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY................................................................................................................. 2 ProjectSummary................................................................................................................. 2 PlanningBoard.................................................................................................................... 2 SECTION I - MAP SERIES.............................................................................................................. 4 SECTION 2 - CONDITIONS OF APPROVAL.................................................................................. 8 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 11 SECTION 4 - RECOMMENDATIONS AND ACTIONS.................................................................. 14 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................................ 14 Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................... 14 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19 Preliminary Plat Supplements........................................................................................... 25 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 27 APPENDIX A-PROJECT SITE ZONING AND GROWTH POLICY............................................... 30 APPENDIX B - NOTICING AND PUBLIC COMMENT................................................................. 31 APPENDIX C - OWNER INFORMATION ..................................................................................... 31 ATTACHMENTS........................................................................................................................... 31 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 4 of 31 SECTION 1 - MAP SERIES i t f Legend g3 Planning Protect City Llmitc Zoning Distr cts Parcels ' Roads r FJleye This e by the ClYdR The Parklands at Village Downtown aly d Bozemwn a V Proposed Preliminary Plat ReN,ed VMWS Application 19-13 5 " Submitted 04/05/2019 B O Z E M A N MT t inch=zoo feet A Planning Current zoning map 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 5 of 31 T_ °. - i' 4y� I Legend Planning Project City Limits Parcels Roads Alleys Community Plan Future Land Use Residential Residential Emphasis Mixed Use Suburban Residential Regional Commercial and Services Community Core Community Commercial Mixed Use Business Park Mixed Use Industrial Public Institutions Parks,Open Space and Recreational Lands �J Other Public Lands Golf Course Present Rural _ ' City of Bozeman Ths maPvrascrea[eeman d by the Cdy of Boz The Parklands at Village Downtown Planning Division Proposed Preliminary Plat R.vNed:03M2019 Application 19-135 N Submitted 04/05/2019 B O Z E M A N MT 1 irKh=200 teat Ilk Planning Future land use map 19135, City Commission Findings of Fact—Parklands at Village Downtoivn Subdivision Page 6 of 31 SUBDIVISION PRELMNARY PLAT-LOT ENMrr ti ov Plat drawing 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 7 of 31 Q � � E+ASPEN-ST, Z E'ASPEN'ST E COTTO'NWOOD-ST E:PEACH S _r_Q 4 y� d a rD,Al IS-ST q / cP� W � I O O s Z E LAMME=ST.. ............... yQCi *�,�.■*'°04 E-MENDENHALL-ST MAIN ST WW ■ E.BABCOGK--,ST kC S ST R E-C d a a U � ���„♦ Legend PARKLANDS Trails&Shared Use Paths Proposed Bike Lane 00 Proposed Shared Use Path .� 0 41 ♦� Proposed Trail Corridor Off' Frl Parks e o This r p was created by the Cfi/of Bozeman Deparbwtol Plaminp and Cormunity Development tn:endetlltr PBnn,iypu�ppsps oroy Trail and Park Proximity s,t,.,4 2I6 may ru rY.t up p•pperty Revhed; N l inch=8001eet 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 8 of 31 SECTION 2 - CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 3. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from all utility companies providing service indicating that rear or side yard easements are not needed. Release of the existing sewer easement and provision of all new easement depicted on the plat or needed to provide utility services must be provided or completed prior to or simultaneously with the final plat. 4. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. S. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. 6. Trees may not be located within 10 feet of sewer and water services. Sewer and water services must be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 7. All Irrigation wells located within the exterior boundaries of the development must include Montana DNRC certificates which must be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner's association must be transferred to the property owner's association in conjunction with the final plat.All wells must include a meter or other device to determine consumption. 8. The final plat must contain the following notation on the conditions of approval sheet: "Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners' association. Maintenance responsibility includes, in addition to the common 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 or other common open space areas.All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners' association shall be responsible for levying annual assessments to provide 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 9 of 31 for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of 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 common open space areas within Nelson Meadows subdivision. 9. Property owner's association documents must address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at least twice the diameter of the root ball,that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. 10. Prior to acceptance of publically owned infrastructure,the contractor must provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman must be named as dual oblige on the bond. 11.Subdivision lighting SILD information must be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 12.All proposed private utilities to serve the subdivision must be shown on the public infrastructure plans and specifications. 13.The developer must make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 14.The applicant must add a note to the Conditions of Approval sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner's association. 1S.The applicant must add a note to the Conditions sheet of the plat to the effect City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must,without further notice, construct within 30 days,the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. 16.The required connections from the individual lots to the trail in the park must all be installed at the same time as the trail in the park and the park plan must be updated to reflect this timing. 17.A note must be added to the conditions of approval sheet advising future purchasers of Lot 1, Block 1 of the potential of additional parkland and water rights to be provided at time of development of the parcel. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 10 of 31 18.An open work fence, acceptable to the Parks Department, suitable to demarcate the southern edge of the park and to restrict animal entrance to the adjacent wetland must be constructed simultaneously with other park improvements. 19.A sign, acceptable to the Parks Department, must be placed at each of the pedestrian entrances into the trail and park providing notice of on-leash requirement in park and trails per the original planned unit development covenants and City code. 20.The intersection of Village Downtown Boulevard and Front Street must be reconfigured to remove the cul-de-sac and construct a"T" intersection meeting City standards. The applicant may propose an alternate design that meets City adopted engineering standards so long as the intersection facilitates future extension of Front Street to the northwest and must include a City standard transition to the alley proposed to be constructed in the Front Street right of way to the southeast. 21.The applicant may request that the excess right of way resulting from the reconfiguration of the intersection be vacated. 22.The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to North Broadway Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Front Street including paving, curb/gutter, sidewalk,and storm drainage d. Intersection improvements to North Broadway Avenue and East Mendenhall Street and Village Downtown Blvd. e. Intersection improvements to Village Downtown Blvd and Front Street. f. Intersection improvements to East Main Street and North Broadway Avenue. g. Intersection improvements to East Main Street and Highland Blvd. h. Intersection improvements to East Main Street and Haggerty Lane. i. Intersection improvements to East Main Street and Front Street. The document filed must specify that in the event an SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 23.The sidewalk within the liner park shall be 10 feet wide with one foot of all-weather surface on either side and be designed to support the loading from the City's sewer maintenance vehicles. 24.The proposed development falls within a known area of high groundwater. No basements or crawl spaces may be constructed within the subdivision. In addition, sump pumps are not allowed to be connected to the sanitary sewer 19135, City Commission Findings of Fact—Parklands at Village Doivntown Subdivision Page 11 of 31 system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. This noted must be added to the plat. 25.Due to the high groundwater and increased rate of corrosion within the clay soils all water mains must be zinc coated. This condition may be met if the applicant can demonstrate to the engineering department that the additional cathodic protection is not required. 26.The applicant must pay cash in lieu of infrastructure per 38.270.070 BMC for the incremental additional cost of rerouting the Front Street sewer from its current alignment across the property to the alignment proposed with this subdivision. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. BMC 38.270.030 a. All public dedicated improvements including streets,water mains, sewer mains, parkland, and related improvements, and public streets be installed or financially guaranteed prior to final plat approval. The certificates on the final plat must be updated to reflect those elements completed or to be guaranteed at the time of final plat. No building permit may be issued until the final plat is filed and required infrastructure including the 21 inch Front Street sewer trunk expansion (WWIF11) downstream from and across this subdivision has been completed and accepted by the City. 2. BMC 38.570.030. Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City of Bozeman Design Standards and Specifications Policy. a) The applicant must construct street lights per the DSSP and setup a special improvement lighting district(SILD)for maintenance of the lights with the City Finance Department prior to final plat approval. 3. Bozeman Municipal Code (BMC) 38.400.010. a) The arrangement of the lots and alley must be done in such a way to provide adequate turning radii to facilitate emergency vehicle access. The alley must be designed and constructed with an adequate horizontal and vertical cross-section to support the vehicle movement and loading from the City's emergency service vehicles.A pavement design must be provided with the subdivision infrastructure submittal. b) Front Street and shared uses path identified with in the City of Bozeman Transportation Master Plan and PROST Plan must be installed to the 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 12 of 31 northwestern property boundary. The shared use path must extend along the Front Street right of way adjacent to Blocks 1 and 2 to connect with the sidewalk along the greenway corridor/linear park. Front Street must extend sufficiently as to provide full access to the alley. c) A drive approach and lockable service gate must be installed at the end of Front Street to allow for the access of the City maintenance vehicles and prevent private vehicle access to the linear park. 4. BMC 38.400.030. a) A City standard intersection must be installed at the intersection of Village Downtown Boulevard and Front Street. The intersection must meet the requirements of BMC 38.400.030. and the City Design Standard and Specification Policy manual.Any permitting require for the reconfiguration of the intersection must be obtained prior approval of the infrastructure plans. 5. BMC 38.410.O6O.A. a) The portion of the existing sanitary sewer easement encompassing the proposed abandon main must be released prior to or concurrently with the final plat. 6. BMC 38.410.O7O.A.1. a) The 21" sewer main being realigned with this project is part of the Front Street Sewer upgrade project.The project (No.WWIF11) is scheduled for this current fiscal year and is currently in design with construction anticipated for the spring of 2020. i) The Front Street sewer is at capacity and cannot accept additional flow until the upgrade is completed. No building permit may be granted until the Front Street sewer upgrade has been completed. ii) The applicant must coordinate the proposed alignment with the design engineer (Stably Engineering and Associates) and provide documentation of the viability of the proposed sewer with the design of the Front Street Interceptor. iii) A City standard sewer easement must be provided for the reroute of the sewer main prior to final plat approval. b) The sewer must be aligned with the reconfiguration of the intersection of Village Downtown Boulevard and Front Street to ensure City design standards are met. c) A maintenance plan, including snow removal,for the 12 ft. all weather access to the manhole must be approved by the City and incorporated into the property owner's association (POA)/home owner's association (HOA) documents and demonstrate inclusion in the documents prior to final plat approval 7. BMC 38.410.08O.A. a) The stormwater infrastructure must meet or exceed the City's stormwater requirements when the seasonal high groundwater elevation is reached. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 13 of 31 Sufficient information must be provided with the subdivision's infrastructure submittal such that this can be verified. b) The applicant may not discharge drainage to an agricultural water user facility without the express approval from the agricultural water user. c) A stormwater maintenance plan must be submitted and approved by the City with the subdivision's infrastructure submittal. The approval plan must incorporated into the property owner's association (POA)/home owner's association (HOA) documents and demonstrate inclusion in the documents prior to final plat approval 8. BMC 38.410.130. a) Water rights or cash in lieu of water rights must be provided prior to final plat approval. 9. BMC Section 38.540.020.M. a) Adequate snow storage must designated for all public and/or common space. If snow storage is proposed at the end of the alley and/or Front Street, snow storage easements must be executed and recorded with the county clerk and recorder prior to final plat approval. 10.BMC Section 38.600.130.C. a) A floodplain permit is required for any development occurring in the floodplain. City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. Advisory Comments 1. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310,404,Turbidity exemption, etc.) must be obtained by the applicant. 2. The applicant must submit 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, which must be provided to and approved by the City Engineer.Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must 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. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 14 of 31 SECTION 4 -RECOMMENDATIONS AND ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions and code corrections on June 14, 2019. The Recreation and Parks Advisory Board subdivision review committee considered the proposed park on July 5, 2019. They recommended approval for the design as proposed on a vote of 3:0. The Planning Board held a public hearing on August 6, 2019 to review the preliminary plat. They recommended approval on a vote of 7-0. The public hearing and action by the City Commission was on August 19, 2019. SECTION 5 -STAFFANALYSISAND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria,Section 38.240.130,BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission considered the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. 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 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 2 and 3 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. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 15 of 31 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on April 5, 2019, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on May 22, 2019. On June 14, 2019, the DRC determined the application contained adequate information for continued review. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.240.130.A.5.a(4), BMC,the City Commission must approve, conditionally approve or deny the subdivision application by September 5, 2019, unless there is a written extension from the developer,not to exceed one year; or if new and credible information is submitted that requires additional review time per state law. The City Commission reviewed the preliminary plat and made a decision at their August 19, 2019 public hearing. The application was brought before the Development Review Committee (DRC) and Recreation and Parks Advisory Committee for review and recommendation. The hearings before the Planning Board and City Commission were 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 forwarded a favorable recommendation to the City Commission who will make the final decision on the applicant's request. Public notice for this application was given as described in Appendix C. On July 31, 2019,the major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the City Planning Board.An updated staff report was prepared to reflect public comment, Planning Board action, and other appropriate revisions on August 12, 2019 and provided to the City Commission. 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 are met if all conditions and code requirements are satisfied. Pertinent code provisions and site specific requirements are in Sections 2 &3 of this report. Specific references to conditions and code requirements are provided throughout this report. The property is zoned as R-4, Residential High Density district. The R-4 district allows a wide variety of housing types. Section 38.310.030 of the municipal code contains the complete list of authorized uses. The R-4 district requires construction of homes to be 8 homes per net acre or more. Block 2 is configured for single homes, although accessory 19135, City Commission Findings of Fact—Parklands at Village Downtofvn Subdivision Page 16 of 31 dwellings,two-household, or three household buildings may also be constructed. Such additional intensity will be reviewed under the appropriate zoning processes. The subdivision has 2.87 acres of net lot area. Section 38.700.130, BMC defines net residential density.Applying the minimum standard,the subdivision as a whole must have a minimum of 23 homes. Should all of Block 2 be constructed only as individual homes then Block 1 must have a minimum of 14 homes. More than this minimum number of homes is allowed on Block 1. Should portions of Block 2 develop more intensively than individual homes it reduces the minimum number of homes that must be constructed on Block 1; but does not lessen the total number allowed on Block 1. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat.All city utilities will be located within dedicated street right of ways or utility easements. Condition 3 requires performance of these obligations. The subdivision application relies upon a change in the route of an existing 12 inch diameter sewer main which crosses the area to be subdivided.A new easement is depicted on the plat for the new route. The new easement must be provided before the pipe can be relocated to the new location.The older easement can be released and reconveyed at request of the landowner as described in Code Requirement 5.As the proposed alignment meets City standards no condition of approval is required. The City relies upon the proposed alignment and proposed easement in finding that the application meets standards. The realignment is occurring in association with a City project to increase the sewer pipe to 21 inches in diameter. The current 12 inch diameter is currently at capacity and cannot accept additional sewer flows. The replacement sewer is presently in design and construction is expected to begin in spring of 2020. It is necessary to coordinate any work by the subdivider with the planned work under project WWIF11.As the realignment and additional length of new pipe construction is caused by the desired lot layout by the subdivider, per 76-3-510 MCA and 38.270.070 the subdivider shall bear the incremental additional costs resulting from the realignment as stated in Condition 26. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to existing public streets or to a combination of a proposed public alley and pedestrian access in a greenway. Either is an acceptable option and are required to be constructed to City standards per 38.400 and associated design 19135, City Commission Findings of Fiat—Parklands at Village Downtown Subdivision Page 17 of 31 standards. In addition, pursuant to Section 38.400.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section,the city design standards and specifications policy, and the city modifications to state public works standard specifications. There will be some changes to the right of way configuration for Front Street and Village Downtown Boulevard. Such changes are acceptable or are subject to specific conditions of approval 20 and 21 and Code requirement 4. The required reconfiguration of the intersection enables the intersection to meet the City's design standards, remove excess right of way and associated maintenance costs, make extension of Front Street to the northwest easier with future development,and improve the emergency circulation utilizing the proposed public alleyway. Code Requirement 4 describes the standards the design must meet. The intersection design shown on the preliminary plat drawing does not meet engineering design standards of the City. Cul-de-sacs are generally prohibited by 38.400.010.A.9.A cul-de-sac was allowed with the original Village Downtown project.With this subdivision,the alley provides for emergency circulation and turn around circulation without the cul-de-sac. It is therefore appropriate for the cul-de-sac to be removed in order to comply with the section. An image conceptually showing how these conditions might change the infrastructure associated with the plat is provided below.An engineering design and review must be completed prior to any construction.Alternate designs which comply with the City's engineering standards may also be proposed and approved. Revisions to exact alignment of right of way, curbing, and other design elements are to be expected before a final design is approved. No change to the number or configuration of new residential lots is caused by conditions of approval 20 and 21. Pedestrian access to and within the subdivision is also required. This will be provided in part by the sidewalk along Village Downtown Boulevard, in part by the trail to be provided in the linear park and in the easement on the west, and in part by the construction of the path in the Front Street right of way. The trail and shared use path are described in Code Requirement 3.As shown in Section 1 of this report,the development fits into the developing pedestrian and bicycle network in the area. Future development to the southeast will be able to connect to the public trails developed with this subdivision further expanding the public circulation network. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 18 of 31 SUBDIVISION PRELIM/NARY PLA T - LOT EXHIBIT I \� \ eo oa 04,4/ ) \ (N41'47'28 ••�' ISIING.80'WIDE EMERGE NCY�•• ACCESS AND/UIILIIY EASEMEM� •.�• Illustrative Image Only \ �. \ '/ '`. Possible Revised w a \ �� •p�� Ei1S+;STDR4PI�QE P" •: 7�7 ROW boundary 3W�.� . R- a69`i;6 �••� ROW for possible �( vacation Possible Curb line Y�` \ �\ ••• \ •..; •.u.......� Applicant LOCKABLE proposed alley l'1 •� /J� surface �\ `�IEXISRNG 8'WATER \ S AWN STUB REC�NfIGPOND I/ � ll` POND / p /�\. •,/p i 'EX.STORMWATER PONEP•as '��. / �\ •i� (TO DE RECONFIGURED) EX SSMIi 00420 \ RIM 477A.88 \ FL�LLU1y NA') 4766.02 k7('SE)- 4766.27 _ \ \ \` ' An additional image is provided below showing how the vehicle and pedestrian access to the lots in the subdivision will be provided. Each type of travel is shown in a different color. The pedestrian access connect to the larger network as shown in the last map in Section 1. 19135, City Commission Findings of Fact-Parklands at Village Downtown Subdivision Page 19 of 31 StBDlVISlON PRELMARY PLAT - LO^T�EXhW / 'l-• .mot, � j Vehicle AccessNN = - ; ' f • , ter• � 1, I11 f �Ali . •,`.: `'� ', a1 P 1 Pedestrian Access ;>< ► "��,; ail cra wirT- 20 J Twnw •1; '.•� r i Q'p i•� �!( '� ,. K 1. (,' , !1.•�• AN _ � ..( 1 r= tires_ _.rf !• rr..�. 3:v 1+71 LMall#.JU' — \ , ` u. � !• � WMr..r.err. _ ,4r, Y, •,r� �(�J it �� .141� - \-. Primary Subdivision Review Criteria,Section 76-3-608 1) The effect on agriculture The subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. The property was subdivided for residential development as part of Minor Subdivision 344. There have been no agricultural operations on the site since at least the recording of Minor 19135, City Commission Findings of Fact-Parklands at Village Downtown Subdivision Page 20 of 31 Subdivision 344 in June 2004. Therefore,further subdivision of the property will have no effect on agriculture. 2) The effect on Agricultural water user facilities The Mill Ditch is adjacent to Village Downtown project as a whole. There are no known agricultural water user facilities on the land to be subdivided into lots. Stormwater will be captured,treated, and released at predevelopment rates. Therefore,there is no effect on such facilities from the subdivision. 3) The effect on Local services Water/Sewer-Municipal water and sewer can be provided to this site with construction of additional water/sewer services internal to the property and with expansion/realignment of the existing sewer trunk. Sewer Collection of wastewater from the proposed development will consist of lot sewer services, gravity sewer main piping and manholes. Services and local main will primarily be located within the proposed alley. There is a 12 inch diameter existing sewer main that must be relocated to remove development limitations on Lot 1, Block 1 and Lots 3-5, Block 2. If not removed at least one lot will be undevelopable and the rest heavily impacted. Engineering has reviewed the proposed alignment and finds it generally acceptable. The realignment is occurring as the City is pursuing a project to increase the sewer pipe to 21 inches in diameter.The current 12 inch diameter is at capacity and cannot accept additional sewer flows. Project WWIF11 will increase sewer capacity for a large area north and south of this site as well as for this subdivision. Section 38.350.030.D requires that any new building lots be provided with municipal water and with sanitary sewer collection services.As the sewer line is presently at capacity no final plat can be filed until additional capacity for sewer service can be provided.While a financial guarantee of an improvement is available in some circumstances the City has discretion to determine when such guarantees are acceptable. Plats filed with such a financial guarantee carry restrictions filed with the plat prohibiting issuance of building permits. Even if a financial guarantee were to be acceptable in this circumstance it would not enable issuance of building permits prior to completion and acceptance of the sewer main expansion. Section 38.270.030.13 requires that all improvements (including sewer mains) must be installed prior to the issuance of a building permit for any lot within a subdivision. There can be an exception for this requirement,however,the applicant has not submitted the type of application required to authorize such an exception; nor has concurrent construction of infrastructure and buildings been proposed or reviewed. To do so would require an entirely new application submittal. 19135, City Commission Findings of Fact—Parklands at Village Downtolvir Subdivision Page 21 of 31 Sections 38.270.030A.2 and 38.270.060.D allow the City to require certain improvements to be installed rather than financially guaranteed. Due to the public health and safety impacts of inadequate sanitary sewer the City Engineer has determined that the completion of the expanded sewer trunk must be constructed before any building permit is issued. Should a financial guarantee be proposed it must address the entirety of the work necessary to provide the needed service.As applied to this subdivision,that includes all costs of the expansion of the sewer from 12 to 21 inches from the southern edge of this development to the northern end of the WWIF11 project. The replacement sewer is presently in design and construction is expected to begin in late 2019 or early 2020. It is necessary to coordinate any work by the subdivider with the planned work under project WWIF11.As the realignment and resulting cost increase is caused by the desired lot layout by the subdivider, per 76-3-510 MCA and 38.270.070 the subdivider shall bear additional costs resulting from the realignment as stated in Condition 26. Coordination between construction of the expanded and relocated sewer trunk and the local services required for this development is required. Conflict between work timing and contractors can result in damage or demolition of recently installed public infrastructure. Condition 26 facilitates this coordination with a resulting lower cost of infrastructure to both the City and the subdivider. The state law authorizing local subdivision regulations specifically calls out such coordination is discussed above. That language reads: 76-3-501. Local subdivision regulations. The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for: ... (9) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services. Local ordinance has implemented that authorization with the following language: Paragraph 38.200.010.H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards 19135, City Commission Findings of Fact-Parklands at Village Downtown Subdivision Page 22 of 31 of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums,the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. A sewer access road will be provided to the new manhole location in the park. The proposed plat shows the road in the correct location and general configuration to meet standards. Condition 23 and Code requirement 6 address the necessary configuration details of the sewer access road needed to access the manholes in the new sewer location. The City must have access to conduct maintenance on the sewer. Water Supply Municipal water is available to the property by extensions from 8 inch diameter water main in the Village Downtown Boulevard.A new 8 inch diameter water main extension will create a loop through the alleyway and Front Street right of way.Water supply is adequate to anticipated demand at this location.At the time of final plat the requirement for water rights must be satisfied by transfer of adequate water rights to the City or payment of money. See code requirement 8 in Section 3 of this report. The soils in the area have a high clay content and a high water table is present.These conditions require additional protection for water mains. Condition 26 requires mitigation for potential pipe damage to ensure that service can be maintained. Irrigation Water for irrigation of open spaces/park is required and proposed to be provided by a well as depicted on Sheet L-1 of the submittal.The applicant must provide transfer of ownership to the Property Owners'Association (POA) or City as may be applicable so that body charged with maintenance legally has the water resources necessary to maintain the open space. Irrigation facilities to support the proposed open space must be transferred to the City. Condition 7 requires DNRC certificates be included with the final plat submittal to ensure that the necessary legal status of the well is established and can be properly transferred. Streets-The Growth Policy, Bozeman Transportation Master Plan, and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public,provide adequate safety, and alleviate congestion. The preliminary plat layout creates two connections to the Village Downtown Boulevard through the new alley. The new alley creates a loop for emergency circulation and access to Block 2. Therefore,the cul-de-sac is no longer required for emergency service turn around. To improve the connection to Front Street and support its eventual connection to the northwest Conditions 20 and 21 and Code Requirement 4 require reconfiguration of the intersection. 19135, City Commission Findings of Fact-Parklands at Village Downtown Subdivision Page 23 of 31 Maintenance and use of public streets is subject to the terms of the municipal code. The certificate of dedication for the final plat must specify responsibilities for maintenance of all streets, parks and open spaces. Code provisions apply to this issue. Previously,the intersection of Highland Boulevard and Main Street operated at a less than allowable level of service for vehicle travel. That intersection was reconfigured and expanded in the summer of 2019 and now operates within the required standard. The requested level of service waiver for that intersection submitted with the application materials is therefore no longer required. The development of the additional homes will place incrementally greater demand on the street network. Per Condition 22, an special improvement district waiver is deemed appropriate to offset the increased demand. Should it become necessary to create an SID or alternate financing method be used to improve one or more of the listed street elements an analysis for proportional contribution to costs will occur. Police/Fire-The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified.The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Fire protection standards require the installation for fire hydrants at designated spacing.The proposed alley will provide adequate circulation for fire engines and other emergency vehicles. Stormwater-The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners' association. This responsibility is addressed in the covenants proposed with the subdivision. Condition 14 also requires this requirement to be noted on the conditions of approval sheet of the plat so that the ongoing obligation is disclosed to all future purchasers. The applicant is proposing contracting one pond on an individual lot located downstream of all lots and rights of way to serve this purpose. Public utility, access, and maintenance easements are required and are shown in code provision 7 along with the installation of drainage facilities in accordance with state DEQ and City standards. Parklands-The property was approved to dedicate land to meet its required park mitigation.At this time the final density of development on Lot 1, Block 1 is not known. Condition 17 requires placement of a note to advise future purchasers of the potential for additional park mitigation at the time of development of Lot 1, Block 1. The proposed park is to be dedicated as a linear park separating lots 2-10 and the adjacent wetland areas. Condition 18 requires a fence be placed to visually and physically separate the developed park from the adjacent property. This will lessen impacts on the adjacent property which has recently been acquired for a wetland preserve. Control of access by 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 24 of 31 persons and domestic animals will help maintain the functional habitat value of the adjacent property.The proposed park plan and amount of land to be dedicated meets standards with revisions and code corrections.A final park plan responding to required changes must be provided with or prior to the final plat. 4) The effect on the Natural environment The subdivision will displace some existing wetlands and has been approved to provide mitigation by purchase of wetland credits through a wetland bank in the Madison Valley. An individual Clean Water Act 404 permit was requested and approval for the changes was granted by the US Army Corps of Engineers. The required wetland delineation, review, and approval documentation is included with the application materials.A 401 permit for water quality has also been obtained from the Montana Department of Environmental Quality and is included with the application materials. The area to be subdivided into home lots is primarily in the upland area of the site. Much of the area has been disturbed over the years. For discussion of the various activities on the site see the Historical Overview included with the application materials. There will be some floodplain impact by this subdivision. However,the location of impact will occur within the existing Front Street right of way. Impacts on floodplains and wetlands are allowed by municipal code for construction of public streets. In conclusion,this development will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain. Code requirement 10 notes certain constraints on the issuance of floodplain permits. 5) The effect on Wildlife and wildlife habitat Development of the proposed platted lots as urban intensity residences will remove almost all existing wildlife and habitat from the platted area. The proposed linear park will provide somewhat of a buffer to the adjacent property. Conditions of approval have been proposed to help constrain impacts on wildlife. There are no known endangered or threatened species on the property. See discussion above. 6) The effect on Public health and safety The intent and purpose 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. Conditions deemed necessary to ensure compliance are noted throughout this staff report.All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The project area is subject to a high water table. High groundwater can be overcome for utility installation with proper techniques. However,the ongoing impacts on individual 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 25 of 31 homes can be substantial if groundwater enters crawl spaces or basements. Use of sump pumps in private homes often contributes to excessive flows into sewer or storm drainage systems which reduces their designed effectiveness. Once constructed,it is very difficult to retrofit homes to remove crawl spaces or basements. Therefore, Condition 24 prohibits crawl spaces and full basements. This will remove the need for sump pumps, illicit discharges of water into the storm drainage systems, and reduce impact on nearby wetlands. Primary subdivision review criteria 3 addresses the replacement and expansion of the sewer main that serves this property. Inadequate sanitary sewer is a direct risk to public health and safety.As discussed above,there are proposed conditions to ensure that adequate sewer capacity is provided prior to construction of new home. These conditions therefore address possible hazards to public health and safety from inadequate sewer capacity. Preliminary Plat Supplements The Department of Community Development reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Two subdivision pre-application plan reviews were completed by the DRC evaluating alternative configurations for the site. Several subdivision submittal waivers were requested from the materials required in Section 38.220.060, "Additional Subdivision Preliminary Plat Supplements"which request was granted in part and denied in part. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. See the application materials for full details. 38.220.060.A.1 Surface Water Surface waters are near but not within the area to be platted into residential lots. Therefore, minimal impacts to surface waters are identified. 38.220.060.A.2 Floodplains A floodplain has been identified lying to the eastern side of the subdivision.The floodplains lie within the Front Street right of way. Most of the right of way will be developed as an alley which has a narrower width than a standard street and therefore will have less impact on the floodplain. 38.220.060.A.3 Groundwater The groundwater in this area is high. There are large nearby wetlands and the elevation of the area to be subdivided has little differentiation. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 26 of 31 38.22O.O6O.A.4 Geology, Soils and Slopes No unusual geological features are present. Soil present is Blackmore silt loam. There are limitations on use of this soil type as outlined in the attached report.All can be overcome with proper engineering and architectural design. 38.22O.O6O.A.5 Vegetation The site has lain fallow for over a decade. Most vegetation on the site is grasses with some clusters of trees near the property boundaries. Some wetlands are present on the site and will be removed during construction as described in the primary review criteria. Some noxious weeds are present and a weed management plan has been submitted. 38.22O.O6O.A.6 Wildlife See discussion in the primary review criteria above. 38.22O.O6O.A.7 Historical Features Although its initial ownership and development was associated with early figures in Bozeman's history no notable features remain on the site. 38.22O.O6O.A.8 Agriculture Waived, see discussion under primary review criteria above. 38.22O.O6O.A.9 Agricultural Water User Facilities See discussion above under primary review criteria. 38.22O.O6O.A.1O Water and Sewer New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. 38.22O.O6O.A.11 Stormwater Management An on-site collection and treatment system is proposed with Mill Ditch being the receiving street. Permits from the state for stormwater control will be required prior to any onsite construction. 38.22O.O6O.A.12 Streets, Roads and Alleys See discussion above under primary review criteria. 38.22O.O6O.A.13 Utilities All private utilities servicing the subdivision will be installed underground. City standards require a minimum 10 foot utility easement in the front yard pursuant to section 38.410.060. Side and rear yard utility easements (PUE) are not requirements but are allowed. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 27 of 31 38.220.060.A.14 Educational Facilities Exclusively residential use is proposed at this time. Required materials are provided. Adequate capacity is available per School District#7. 38.220.060.A.15 Land Use The property is zoned R-4 (High Density Residential District) and the use proposed is exclusively residential. Please refer to Appendix A for more information. 38.220.060.A.16 Parks and Recreation Facilities See discussion above in the primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Pursuant to section 38.410.020.A a neighborhood center or plan is not required. 38.220.060.A.18 Lighting Plan 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 No additional impacts or hazards have been identified or are anticipated based on the analysis contained in this report. 38.220060.A.20 Affordable Housing No affordable housing is required for this subdivision. There are fewer than ten single household residential lots. SECTION 6- 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 August 19, 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. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 28 of 31 D. The applicant 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 August 19, 2019 and one member 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 Article 3 8.210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC,the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application,the City Commission makes the following decision. r 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 2 of this report and the correction F 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 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 subdivision shall be effective for three (3)year 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. 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 29 of 31 DATED this 16th day of September, 2019 BOZEMAN CITYY.COMMISSION YNTHIA L.A DRUS Mayor ATTEST: ��,�,�, F B Q ' ROBIN CROUG City Clerk 1883 r•s�z APPROVED AS TO FORM: GREG S L IVAN City Attorney 19135, City Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 30 of 31 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4 (High Density Residential District). 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 The uses allowed in the R-4 district are described in Section 38.310.030, BMC.The setbacks and other form and intensity standards for the R-4 district are established in Section 38.320.030, BMC. Adopted Growth Policy Designation: he 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 19135, Cite Commission Findings of Fact—Parklands at Village Downtown Subdivision Page 31 of 31 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 - 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 38.220, 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 38.220, BMC. Two public comment were received at the Planning Board hearing. Neither spoke in opposition but asked some questions and requested that traffic, density, and pedestrian safety be considered. These items are addressed in this report and City standards. One public comment was received at the City Commission hearing. The person addressed the relationship of the City's strategic plan to preservation of wetlands and this project. The Army Corp of Engineers has approved the revisions to wetlands proposed on this site. The City Commission public hearing is available at: httl2s:-I/media.avcaptureall.com/session.html?sessionid=b4bc7c6f-f5d1-4f58-9826- f40397a6b75d&prefilter=654,3835. APPENDIX C- OWNER INFORMATION Owner/Applicant:Village Investment Group and John W. Murdoch Revocable Trust, 1010 E Main Street, Ste. D, Bozeman, MT 59715 Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.