HomeMy WebLinkAbout11-04-19 City Commission Packet Materials - C5. Findings of Fact and Order for the Gran Cielo Subdivision Preliminary Plat
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Danielle Garber, Assistant Planner
SUBJECT: Norton Ranch Phase 4 Findings of Fact and Order, Application 17490
STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high
quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and
parks, and walkable neighborhoods. MEETING DATE: November 4, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Gran Cielo Preliminary Plat Application 19219.
BACKGROUND: On June 18, 2018 the Gran Cielo Major Subdivision was approved by the
City Commission. On July 16, 2018 the mayor was authorized to sign the findings of fact.
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.
On September 23, 2019, the City Commission held a public hearing on an application for
preliminary approval for the revised Gran Cielo preliminary plat.
The Commission voted 4-0 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: All unresolved issues in the Findings of Fact originally reviewed
with the Gran Cielo Major Subdivision preliminary plat application no. 17522 remain
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
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Commission Memorandum
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order Application No. 19219
Findings of Fact and Order Application No. 17522
Report compiled on: October 24, 2019
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Page 1 of 19
19219, City Commission Findings of Fact 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: The application conforms to standards and is sufficient for approval with conditions and code provisions.
Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19219 and move to approve the subdivision with conditions and subject to all applicable code provisions.
Findings Date: October 24, 2019
Staff Contact: Danielle Garber, Associate Planner
Griffin Nielsen, Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues 1) All unresolved issues in the Findings of Fact originally reviewed with the Gran Cielo Major Subdivision preliminary plat application no. 17522 remain.
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
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 2 of 19 subsequent revisions were reviewed by staff and the Planning Board 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 Planning Board reviewed the application on September 3, 2019 and voted 7-0 to recommend approval of the subdivision with conditions and code provisions. Discussion involved the density cap for parkland dedication at known and unknown densities, the park master plan and cash-in-lieu approval process moving forward, what has triggered this new application, proximity to commercial centers, availability of bike lanes, transit, trails, etc., and proximity of the entire subdivision to the proposed central park and nearby parks. Video of the meeting can be found here. On September 9, 2019, the Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee voted 3-0 to approve the recommendation of cash-in-lieu for 2.58 acres, with the exact amount of improvements to be adjusted based upon the appraisal in place at the time of final plat. The discussion involved comments by Parks staff regarding the timing of the final plat and the updated appraisal value of $1.60 per square foot value of parkland, the requirement for a city standard park sign, and questions to the applicant regarding the proposed improvements above and beyond the minimum required value as it can be estimated at this time. Board members asked questions regarding the size of the central park, can the central park be expanded, the condition of approval for a city-wide park maintenance district waiver, the cash-in-lieu criteria of review, and whether improvements are more favorable than cash-in-lieu. The full RPAB board will review that recommendation and the subdivision review committee report on September 12, 2019. The Director of Parks and Recreation is the review authority for the improvements-in-lieu proposal based on staff findings and the recommendation of the RPAB. The City Commission is the review authority for the master park plan proposed with this preliminary plat application. With the exception of some Parks Department corrections, 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. This amendment only affects a multi-household lot and therefore does not impact any affordable housing standard, condition of approval, or requirement for compliance. The City Commission reviewed the preliminary plat at their September 23, 2019 public hearing. No public comment was received at this meeting. The Commission requested
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 3 of 19 clarification on the cash in lieu calculation, nearby parks and what minimum improvements to the remaining central park would be. City Staff clarified that the proposed master park plan currently shows improvements above and beyond the minimum, but the applicant is not required to construct above the minimum required improvements. See staff analysis of this topic on page 12 of this report. The City Commission voted to approve the subdivision 4-0 with recommended conditions and code corrections, with all Commissioners present voting in favor. The Commission meeting can be found here
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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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 4 of 19
TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 SECTION 1 - MAP SERIES.............................................................................................................. 5 SECTION 2 – REQUESTED VARIANCES ....................................................................................... 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ..................................................... 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS .................................. 9 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 10 SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................................ 10 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ........................... 10 Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 12 Preliminary Plat Supplements ....................................................................................... 13
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 15 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 17 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 18 APPENDIX C - OWNER INFORMATION ..................................................................................... 18 FISCAL EFFECTS .......................................................................................................................... 19 ATTACHMENTS ........................................................................................................................... 19
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 5 of 19
SECTION 1 - MAP SERIES
Figure 1: Growth Policy Designation
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 6 of 19
Figure 2: Zoning Map
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 7 of 19
Figure 3: Subdivision Map (Changes Highlighted in Red)
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 8 of 19
Figure 4: Gran Cielo Park
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
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 9 of 19 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. 5. The proposed park signage plan must meet the design guidelines in Appendix G of the Parks, Recreation, Open Space and Trails Plan (contact the Parks Department for specifications).
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 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. Section 37.420.030.C – Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city's established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete.
For the purposes of calculating minimum required improvements-in-lieu of
parkland as proposed by the applicant, the applicant must provide an updated
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 10 of 19
required cash-in-lieu amount based on the city’s established fair market value at
the time of final plat, or as an alternative provide an alternate market valuation
provided by a certified real estate appraiser. 3. Section 38.420.030. B - When a combination of land dedication and cash donation in-lieu of land dedication is required, the required cash donation may not exceed the proportional amount of the total required mitigation not covered by the land dedication. Nothing in this section prohibits a developer from offering more than the required minimum.
The applicant must acknowledge in writing that the master park plan includes
improvements beyond the required improvements-in-lieu amount should the
improvements exceed the minimum required amount at the time of final plat.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application was adequate for continued review on September 6, 2019 after receiving a revised parkland calculation and cost estimate satisfying a code correction required by the parks Department. The Planning Board conducted a public hearing on September 3, 2019 to review the preliminary plat and recommended approval of the application with the conditions outlined in this report to the City Commission. The City Commission reviewed the application at the public hearing on September 23, 2019 and approved the application 4-0 with the conditions outlined in this report.
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 38.240.130, 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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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 11 of 19
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. Revisions received September 6, 2019 were reviewed and the application was found to be adequate on this date. 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.
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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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 12 of 19
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 Subdivision Review Committee recommended approval of the combination land dedication and improvements-in-lieu proposed by the applicant. A summary of their discussion can be found on page 2 of this report. The proposed park plan includes dedication of land with additional improvements to meet the total obligation. Based on an unknown density cap of 8 dwelling units per acre, 6.82 acres of parkland is required. The applicant proposed 4.24 acres of land dedication and 2.58 acres of improvements-in-lieu of dedication. The current dollar value of the remaining required 2.58 acres of parkland is $168,577 at the valuation of $1.50 per square foot in effect during preliminary plat submittal. The applicant proposed an additional $1.1 million in improvements beyond the minimum required cash-in-lieu value. Preliminary Plat supplement P contains the current park plan and demand calculations. A final park plan will be completed and approved with the initial final plat. The applicant is required by code only to install the minimum required improvements. Plans and specification review by the Parks Department will occur before installation of any work.
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
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 13 of 19 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.
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.
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 14 of 19
38.220.060.A.3 Groundwater No change with this application, see attached Findings of Fact for the Gran Cielo Subdivision, application no. 17522. 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.
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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.
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 additional detached homes or townhomes are proposed with the conversion of Lot 4, Block 14 to residential uses. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, 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 September 23, 2019 at which time the Department of Community Development Staff reviewed the project and stated that no written public comment was submitted to the City prior to the public hearing.
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 16 of 19 D. Chris Budeski of Madison Engineering acknowledged agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on September 23, 2019 and no members of the public offered testimony for or against the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 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 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 them regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plat 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) years from the date of the signed Findings of Fact and Order approval. At the end of this period, the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2019 BOZEMAN CITY COMMISSION _________________________________
CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 17 of 19 City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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. 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.
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19219, City Commission Findings of Fact – Gran Cielo Subdivision Page 18 of 19 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.
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.
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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 No. 17522 Findings of Fact signed by Deputy Mayor Chris Mehl July 16, 2018
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