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HomeMy WebLinkAbout19- Findings of Fact and Order - South University District Phase 3 Major Subdivision, Application 19090 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the South University District Phase 3 Major Subdivision 19090 Public Hearing Dates: Planning Board, October 1, 2019 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, October 21, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Major Subdivision Application to further subdivide the existing 74.87- acre Lot 2 of the South University District, Phase 2 Minor Subdivision into ten lots and rights of way for South 17"'Avenue, State Street, Campus Boulevard and the east side of South 19th Avenue. Project Location: South University District Phase 3 Major Subdivision Located in the SW '/4 of S13 &the NW '/4 of S24, T2S, R5E, P.M.M City of Bozeman Gallatin County, Montana City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 2 of 30 Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. City Commission Recommended Motion: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19090 and move to approve the subdivision with conditions and subject to all applicable code provisions. Action Date: October 21, 2019 Staff Contact: Brian Krueger,Development Review Manager Anna Russell,Project Engineer Agenda Item Type: Action(Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues The Planning Board held a public hearing on the application on October 1, 2019. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 6:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. In addition to the overall recommendation to approve the subdivision the Board made a motion to modify the recommendation on the application for staff and the applicant to investigate as to whether alternative bicycle infrastructure could be considered for this phase. Street sections were specifically approved for the South University District(SUD)Master Plan. The master plan was vetted through a public review process and approved by the City Commission and is an entitlement that the property owner holds. The master plan has been implemented through two phases and the Development Review Committee,including the Engineering Division,relies upon the adopted street sections within that plan to review development. The staff does not consider the approved street sections for the SUD as eligible for modification with this application. The City must review this application for consistency and conformance to the approved SUD master plan as part of the subdivision criteria. The proposed subdivision design,including the street sections and bicycle infrastructure are in accordance with the approved SUD master plan. The SUD master plan will require an extension next year. Staff will work with the property owners of the SUD during that process to determine whether alternative bicycle infrastructure that is closer to current best practice may be instituted into the development at this stage of its development cycle. The Director of Community Development is the authority for master plan extensions. Below are two of the adopted street sections for the SUD that apply to this phase. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 3 of 30 rM7 N'tu:.. y Yid'exsrr-a� f[GF+rerf _ Pn"ne•-c,?.T. 1 JIJ�,TIi �� I ' 111 r•a•. r�• 1 �.�. .! s.s• w+c- �e•t �n-ir. �•c- -sw. ►�IYF,S�.. s..F. - 5(rVt r QIVrN. Ml'db dq¢ 1Cr'Q i'IEP 4l L"ALti �•T';' 1 �T�Ir t Lf1L LYL JI.[ 00 1 I �1 I oho = i•cry .0 i► SUD South 17t"Local Plus 70'Section City Commission Findings of Fact South. University District Phase 3 Major Subdivision Page 4 of 30 CAM vx wu a rr POWM-8.0 rw ru>Lerw ��r�u rur•'+,•w a.a I .AX ." Yi L" rI� � • fI SSAA 1 I r I I I t i I I i I � i 1 i f' SUD Campus Boulevard Collector 90' Section Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop a Major Subdivision to further subdivide the existing 74.87-acre Lot 2 of the South University District,Phase 2 Minor Subdivision. The subdivision will create one lot for commercial development,three restricted development lots, four open space lots,two city park lots and dedicated rights-of-way within the boundaries of the South University District Master Plan. The property is zoned REMU, Residential Emphasis Mixed Use and is currently used for agriculture. The lot to be platted for commercial development is at the southeast corner of West Kagy Boulevard and South 19th Avenue. The development will construct Campus Boulevard between the South 19th Avenue and Stucky Road intersection and its current terminus at South 14th Avenue. South 17th will be constructed from West Kagy Boulevard south to Campus Boulevard and State Street will be constructed between South 19th Avenue and South 17th Avenue. Parkland is being dedicated with this subdivision consistent with the South University District Master Plan, but not improved at this time as there is no residential development proposed. The three remaining lots are proposed as restricted development lots which will require further subdivision review prior to development and infrastructure installation. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 5 of 30 The Development Review Committee determined the application adequate for continued review on July 30, 2019. The Planning Board held a public hearing on the application on October 1, 2019. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 6:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. One member of the public spoke at the hearing. The same member of the public submitted the only written comment received to date in response to the public notice. The oral comments at the meeting were similar to the written comment provided. In addition to the overall recommendation to approve the subdivision the Board made a motion to modify the recommendation on the application for staff and the applicant to investigate as to whether the alternative bicycle infrastructure could be considered for this phase. See the discussion under unresolved issues for a summary and response to that issue. The Planning Board proceedings maybe viewed here: https://media.avcgptureall.com/session.html?sessionid=4bc49f98-b105- 41 e6-b82e-5c 17f3352242&prefilter=654,3835 One public comment letter was received. It is attached to this report. The public hearing date for the City Commission was October 21, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm.No public comment was received. The City Commission met to consider the application for a preliminary plat to further subdivide the existing 74.87-acre Lot 2 of the South University District,Phase 2 Minor Subdivision into ten lots and rights of way for South 17th Avenue, State Street, Campus Boulevard and the east side of South 19th Avenue. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations,public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore,the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date October 21, 2019: https://www.bozeman.net/services/citv-tv-and-streaminp--audio Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission's findings of non-compliance with the applicable criteria contained within the staff report; or I City Commission Findings of Fact South University District Phase 3 Major Subdivision. Page 6 of 30 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 UnresolvedIssues ...............................................................................................................2 ProjectSummary.................................................................................................................4 Alternatives......................................................................................................................... 5 SECTION 1 - MAP SERIES .......................................................................................................... 7 SECTION 2—REQUESTED VARIANCES ............................................................................... 12 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 14 SECTION 5 -RECOMMENDATIONS AND FUTURE ACTIONS.......................................... 18 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 18 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC..................... 18 Primary Subdivision Review Criteria, Section 76-3-608 .................................................21 Preliminary Plat Supplements...........................................................................................23 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 27 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY...................................... 29 APPENDIX B—NOTICING AND PUBLIC COMMENT ......................................................... 30 APPENDIX C—PROJECT BACKGROUND............................................................................. 30 APPENDIX D - OWNER INFORMATION................................................................................ 30 ATTACHMENTS......................................................................................................................... 30 City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 7 of 30 SECTION 1 -MAP SERIES Zoning classification J B-2 .�I—EN DR P LI 3 F f� "1'UCKY Rll CAh1YUS BL'VD REMU STir°DE1�T>�DR F- 1 F Legend Planning Projects selection City Um;ts R-1 i Parcels �+ Roads Alleys Q Zoning Districts R-1 City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 8 of 30 Growth Policy Designation .a AN KAM RIND iFA 1)1[�1i w t r. _ L)ptF01 UM7T1. W�1t A rJ IJ :rY�d iknhC ?' _Ittr L'mL .rJ i htaY wrr�rj fYn�.a!1�Lu C+J:aWW Lmphr Wild L" L 4a&x.ICCfVM IJAId%dMM CMUVAMy es. Dwok"I Psi LI"d iY. W CTME -T -4F ST r�Wll rY z kubA & C••Irm,ti^.01 r4am Ird pwr..ioWAI la d. I JC-OarPuNcL %Im ::WCw1w BRO41:DAU DF Ar'.t ,:rvd. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 9 of 30 Current Land Use r 3 a z vi w KAGY BL'YD r w S h STITC 6ANP.U$ BLA rn 4 ' OPPORTUNITY WAY 7 n STUDENT DR E� 1 S iv ti LaOaM Seecrd Frjett &R�¢d Use --;Goi Cure .DtVWTper Reriderfu Gt1 L'mt: gTj RelblM6Ear M Park orCrenSwe M MAHiouxL o Re-AerAa iG Q GU L'mrs 1111112.1 COi MUCW ReCal Conxnabon Ea,;enerl mome HanoAdme Pak HoleklAaW C3•vrU RU*WA%* f: _ GRAF CLmWnCC9Aub Po.t_cFadity ©UndrvatMed r;�• �s '4 Ad- 5&VVVPmreOOnS Eem?.2dumRomV FacMj Ff7.'t1 Ya_a•C 1 �t7 �3.11 1 wyjacrlry Et•3e•Hou7-_na]Rt Yd ntai I_I Pane: ..U Z RaW: rr At e,- C BROOhI7LdiLE DR c d3' A'_ City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 10 of 30 South University District Master Plan KAGY BLVDCEtITER STADIJ%- F41 I• I �-- fIOBCAi STADIU_Y' FUTURE 11. 1 e ye SOUTH UNIVERSITY DISTRICT le e � -------rI uORTH PARKS i I MASTER PLAN MAP AL I �1 OCTOBER 2012 I I B��C � I I —li: I Blodll 1SN I - /• I I O.d 1 1LOS I I Block J 11.77 1 3e CAL11'll$jHLVU _ •®•- I tTul. nn a&ws� ..Iww 19 IWE a .%/ iie154 TURE i Todd Pak. 3OA7 I LI UEVE U dENI I _ Road 11101-O(-1l.y 1L40 PHASE 1 PARK BLOEK 2 T.W 11L07 CASEMENT ; >) FUFWUTRE x QE} LI o I IN I GI:1' It ` n[so[NTntENnus13 E 4f.U/T�YRE rl �CCWYIRCNLLWIWq { T 1 ( ; UF.YEI UVAIENI SOUTH PARK 13 7:57 AC.'1 `=hRNOLOSTREF:T= _ �. NULD_STRBE-T— ✓USSIWI, .9—--- I_ I O MvRu(tE1ONN[LSaMtNA4tw[l M[1gO�UU4DItI t i I(ITUNI I'.%TENSIUNS I I I I I I ' I I SP'N,PAgk FLJB0IVI SI ISM U(ARNOLD Si REE( ALLII I SUBDIVISION F.I. )I 11 i I%'1.LIIDLD PNIII['INANl1'IAI IA-SEDPREtl LII ANY PLAT /5lr I' I I I I N I ' I City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 11 of 30 South University District Phase 3 Preliminary Plat SOUTH UNIVERSITY DISTRICT PHASE 3 MAJOR SUBDIVI LOCATED IN THE SW1/4 OF S13&THE NW1/4 OF S24,T2S,RE roe z nrd R-. UPON LOT 2 OF SOUTH UNIVERSITY DISTRICT PH.2(PLAI Cr.,As9�d_ 5896 344 Add llnlo7 573 Bb lt� &tt� 8,allq. y r. B „ 29 Sus CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA 7'W 6 CA 57 '0'E 40.00' NIIY9'45'E SO11W29'W S691D2'37E 15.24' 40�• Kagy Blvd.(90� ROW) 29.90'(R3&Y) II 10.00' 589n2'40'E 100.00' j 70' �mOCKO / �+p' 3[50� zoto.00' BLOCK 1 H Space Lott.w�. 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SY4 LESS RV MAY, ILI.d• CREEK ANNEX 70 BOB City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 12 of 30 SECTION 2—REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3-RECOMMENDED CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval,does not,in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification fiom the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. Lot 1 Block 2; Lot 1 Block 3, and Lot 1 Block 4 must be platted as undevelopable lots in accordance with Section 38.270.030 BMC,with the following language placed on the undevelopable lot of the final plat: "Lot development subject to further subdivision review." No public improvements must be required for the undevelopable lot until it is subdivided as a lot not subject to this restriction. This language must be placed on the conditions of approval sheet of the final plat or in a separately executed document to be recorded with the final plat: "NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 1 Block 2; Lot 1 Block 3, and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana,that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of the Bozeman Municipal Code. As such,this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot must occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED,that Building Permits will not be issued for Lot 1 Block 2; Lot 1 Block 3, and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana, until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." City Commission Findings of Fact South. University District Please 3 Major subdivision Page 13 of 30 4. The final plat must contain the following notation on the conditions of approval sheet of the final plat: "The responsibility for the maintenance of the stormwater facilities and associated landscaping in the open space lots and street frontage landscaping for the perimeter streets must be that of the property owners' association. Maintenance responsibility must include the functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and any vegetative ground cover and landscaping on the open space lots. The property owners' association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and open space lots and stormwater facilities. The perimeter streets of this subdivision include West Kagy Boulevard, South 19th Avenue, South 17ti,Avenue and Campus Boulevard." 5. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication must be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements,parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space,parking facilities) and the total area of each. 6. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 7. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. 8. The subdivision improvements shown on the subdivision improvements plan, sheets, C 1.0, C1.1, C4.1 and C4.2. must be installed prior to final plat approval or guaranteed and installed within 1 year of final plat approval per BMC 38.270.030.B. 9. The applicant must pay the Meadow Creek Payback District Assessments for the parcel prior to final plat approval. 10. If not already filed for the subject site,the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's)for the following: a. Street improvements to South 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to West Kagy Boulevard including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to West Kagy Boulevard and South 19th Avenue 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 City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 14 of 30 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 preliminary plat approval. 11. The applicant must obtain the necessary approvals from the Montana Department of Transportation(MDT) for all improvement within and impacts to the MDT system prior to final plat approval. 12. 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 final approval. 13. West Kagy Boulevard from South 19th Avenue to South 3rd Avenue must either be fully constructed or cash-in-lieu of infrastructure for a proportionate share of the widening must be paid per BMC 38.270.070.0 prior to site plan approval on Lot 1,Block 1. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. All references are to the Bozeman Municipal Code (BMC). 1. BMC 38.220.300 and 310. The POA documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 2. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 3. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. (1)For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. (2)For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. (4)For the transfer of ownership interest in water,the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 4. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public City Commission. Findings of Fact South University District Phase 3 Major Subdivision. Page 15 of 30 improvements.A certificate for all improvements related to the perimeter street and open space lot landscaping and irrigation must be provided on the final plat. 5. BMC 38.240.530 When irrigation of public facilities are to be installed prior to final plat approval,the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate must be provided on the final plat. 6. BMC 38.270.030.B.2.a and b. Completion of Improvements, Sidewalks. a. The subdivider must install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas must be installed prior to final plat approval, or must be subject to an approved improvements agreement and financially guaranteed. b. Except as provided in subsection c. below,upon the 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 upon the lot. This must be provided as a note on the conditions of approval sheet of the final plat. 7. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall 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. 8. BMC 38.410.060.D.1 Easements for agricultural water user facilities. 1. Except as noted in subsection D.2 of this section,the developer must establish appropriate agricultural water user facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement must facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements must ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement without the written permission of the facility owner. The conditions of approval sheet must provide this code language as it applies to the proposed agricultural water user facility easements proposed on the plat. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 16 of 30 9. BMC 38.410.060.D.3 Easements for agricultural water user facilities. Agricultural water user facility easements are required, a notice must also be recorded with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70- 17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-221 land 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. The easements must be provided and the applicable notations must be provided on the conditions of approval sheet of the final plat. 10. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with any future site development. 11. BMC 38.550.070. Perimeter street landscaping. In accordance with the requirements of this section,installation by the developer of vegetative ground cover,boulevard trees,and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to public parks or other open space areas is required prior to final plat approval. 12. BMC 38.420.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDS) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder,unless already filed with annexation or prior development. 13. BMC 38.400.050. All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement,type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets,to topographical conditions,to public convenience and safety, and to the proposed uses of the land to be served by such streets. The subdivision improvements shown on the subdivision improvements plan, sheets, C1.0, C1.1, C4.1, and C42 must be installed prior to final plat approval or guaranteed and installed within 1 year of final plat approval per BMC 38.270.030.B. Condition of approval 11 which requires an SID waiver is related to this issue. 14. BMC 38.400.050. The Transportation Master Plan identifies West Kagy Boulevard from South 19th Avenue to South 3rd Avenue as a recommended Major Street Network project. In order to receive future site plan approval on Lot 1, Block 1, West Kagy Boulevard from South 19th Avenue to South 3rd Avenue must either be fully constructed or cash-in-lieu of Infrastructure for a proportionate share of the widening has been paid. Condition of approval 13 is related to this issue. 15. BMC 38.270.070.C. In order to utilize the cash-in-lieu of infrastructure option, available because the construction of West Kagy Boulevard is on the Capital Improvement Plan within the next three years,the applicant must submit a request to pay cash-in-lieu of capital facilities and receive approval prior to site plan approval. City Commission Findings of Fact South University District Phase 3 Major Subdivision. Page 17 of 30 16. BMC 38.270.070.C.6. Include a portion of following based on total project frontage length in the cash-in-lieu of infrastructure request: one travel lane, a bike lane, curb and gutter, a boulevard, and sidewalk. Provide the estimated costs to the Engineering Division for review. Estimates must be based on City bid prices. 17. BMC 38.410.060.D.3 Easements for agricultural water user facilities. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an agricultural water user facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer must certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. This certification must be provided with the final plat application. The applicant must obtain the approval of the Middle Creek Ditch Company for any alterations to the existing irrigation water conveyance system prior to final plat approval. 18. BMC 38.410.070. The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. The proposed project is reliant on completion of an off-site sanitary sewer project to be constructed from the intersection of South 19th Avenue along Lincoln Street to the proposed connection point at Willow Way and West Kagy Boulevard. That offsite sanitary sewer improvement must be complete prior to final plat approval. 19.BMC 38.410.080 Grading and Drainage. The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The applicant must provide a stormwater maintenance plan prior to final plat approval. The applicant must also incorporate that stormwater maintenance plan in the property owner's association documents and demonstrate incorporation of the maintenance plan in those documents prior to final plat approval. 20. BMC 38.410.130 Water Rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment must be made to the city of a payment-in-lieu of water rights (CIL), calculated based on the annual City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 18 of 30 demand for volume of water the development will require multiplied by the most current annual unit price; or other option allowed by code. The applicant must contact the City Engineering Department for an analysis of CIL of water rights for the proposed project and pay any cash-in-lieu of water rights due prior to final plat approval. SECTION 5-RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application was adequate for continued review on July 30, 2019. The Planning Board will conduct a public hearing on the related subdivision and make a recommendation to the City Commission. Public hearing date for the Planning Board is October 1, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 7 pm. Public hearing date for the City Commission is October 21, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. SECTION 6-STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b,BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Staff recommends City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 19 of 30 conditions no. 2-5, 12, and code requirements 1-9 to address necessary documentation and compliance with adopted standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act A subdivision pre-application plan was reviewed by the City and the City issued comments on that application on January 19,2019. The initial preliminary plat application was received on February 12, 2019 and was deemed inadequate for further review on February 27,2019.A revised application was submitted in March 2019. The City reviewed the application through the Development Review Committee and on April 18,2019 the application was deemed inadequate for review.Revised materials were received on June 11, 2019 and the City deemed the revised materials acceptable for review. The Development Review Committee reviewed the application materials and deemed the application adequate for review on July 30, 2019. Public hearings were scheduled for October 1, 2019 and October 21, 2019. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter,the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by October 21, 2019,unless there is a written extension from the developer,not to exceed one year. Public notice for this application was given as described in Appendix C and one public comment has been received as of the issuance of this staff report. The Planning Board held a public hearing on the application on October 1, 2019. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 6:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. One member of the public spoke at the hearing. The same member of the public submitted the only written comment received to date in response to public notice. The oral comments at the meeting were similar to the written comment provided in response to the notice. In addition to the overall recommendation to approve the subdivision the Board made a motion to modify the recommendation on the application for staff and the applicant to investigate as to whether the alternative bicycle infrastructure could be considered for this phase. See the discussion under unresolved issues for a summary and response to that issue.The Planning Board proceedings may be viewed here: https://media.avcaptureall.com/session.html?sessionid=4bc49f98-bl05- 41 e6-b82e-5 c 17f3 3 52242&prefilter=654,3 83 5 City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 20 of 30 On October 10, 2019 this major subdivision staff report was completed and forwarded with a recommendation for consideration by the City Commission. The public hearing date for the City Commission was October 21, 2019. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public comment was received. The City Commission met to consider the application for a preliminary plat to further subdivide the existing 74.87-acre Lot 2 of the South University District,Phase 2 Minor Subdivision into ten lots and rights of way for South 17th Avenue, State Street, Campus Boulevard and the east side of South 19th Avenue. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations,public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore,the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date October 21, 2019: https://www.bozeman.net/services/city-tv-and-streaming-audio 4) Compliance with Chapter 38,BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for 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 The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 6 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Ten foot front setback utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. 6)The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. Streets providing legal and physical access are proposed to be dedicated and constructed with this plat. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 21 of 30 West Kagy Boulevard, Campus Boulevard, and South 19th Avenue provide access to the proposed subdivision. All of the proposed lots have frontage and physical access to a public street. The final plat must contain a statement requiring lot accesses to be built to the standards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Conditions 8, 10, 11, and 13 are related to this issue. Primafy Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subdivision will not impact agriculture. The subject property is designated as a residential emphasis mixed use according to the City of Bozeman Community Plan. The area is zoned for mixed use development. The subdivision was anticipated in and is being developed according to the approved master site plan for the South University District. The site is currently used for agriculture during the summer months. The agricultural unit is not large enough to provide a viable farm on this property. 2) The effect on Agricultural water user facilities The subdivision will not impact agricultural water user facilities. Irrigation facilities exist on the site proposed for subdivision. There is an existing lateral ditch on the south property line of the South University District and another facility exists along the South 19th Avenue right of way. The ditches convey irrigation water to downstream users and are maintained by the Middle Creek Ditch Company. The ditch along South 19th Avenue will be piped along its current alignment. Code provisions are required in order to provide adequate ditch maintenance areas and notice to property owners of the agriculture water user facilities. Code provisions 8, 9, and 17 are related to this issue. 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way, of South 19th Avenue,West Kagy Boulevard and Campus Boulevard. The subdivider proposes to extend water and sewer mains in all new subdivision streets in accordance with city design standards. The existing water system and downstream sanitary sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be provided per code provision in order to provide a long term water supply for the project. Condition of approval 8 is related to this issue. Streets—The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The development will construct Campus Boulevard between South 19th Avenue and its current terminus at South 14th Avenue. South 17th will be constructed from West Kagy Boulevard south to Campus Boulevard and State Street will be constructed between South 19th Avenue and South 17th Avenue. The City will maintain these street following dedication and construction. The certificate of dedication for the final plat will list specific duties for maintenance. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 22 of 30 The Campus Boulevard right of way is proposed to be dedicated with this plat to provide a full collector standard connecting South 19'h Avenue/Stucky Road intersection to the Campus Boulevard/South 11"'Avenue intersection. The South 191h Avenue frontage is required to be improved with this project. Special improvement district waivers are provided by the applicant for future street and intersection improvements. West Kagy Boulevard is to be reconstructed to current standards in 2024. The project is identified as a major recommended project in the City's Transportation Plan and is on the City's Capital Improvement Plan for year 2024. A conditional of approval requires that the street be completed or a cash in lieu of infrastructure for the proportionate share for Lot 1, Block 1 be provided prior to any site plan approval on that lot. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Conditions of approval 4, 8, 9, 10, 11, and 13 are related to these findings. Code provisions 2, 6, 7, 11, 13, 14, 15, and 16 apply to these issues. Police/Fire—The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to the City's design standards and municipal code. Multiple small Stormwater facilities are proposed in open space lots per requirements. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners' association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions 7, 8, and 10 ensures this will be satisfied according to standards with the final plat. Parklands-No parkland is required with this minor subdivision as no residential development is proposed. To assure the orderly development of the South University District the application proposes to dedicate,but no fully approve parkland with this subdivision. Two City park lots are proposed that,when dedicated, complete the parkland area for the South University District in accordance with the South University District Master Plan. Further subdivision review of the restricted development lots will require parkland and street frontage improvements in order to meet the required park dedication and improvement standards for the development of those lots. The parks master plan was approved with the South University District Master Plan. The lots to be dedicated with this subdivision are in accordance with that plan. Conditions of approval 5 is related to this issue. BMC 3 8.420.090 authorizes the City to require waivers of right to protest creation of park maintenance districts. The new development will create two new parks with public access and with future associated maintenance requirements. The residents will also be able to use other public parks throughout the City. A park maintenance district facilitates maintenance in a manner that is proportionate to demand. The state recently changed the laws regarding creation of special City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 23 of 30 districts. A waiver recorded with the final plat will ensure that the waiver is correctly drafted to meet state law requirements. Code provision 12 is related to this issue. 4) The effect on the Natural environment The subdivision will not significantly impact the natural environment. The Mandeville creels and associated wetlands that exist on this property will be reserved as City parkland. Minimal street crossings of this natural feature are proposed in order to meet public safety and general welfare standards. The ditches known as the Middle Creek ditches along the property boundaries will be protected by being piped in certain locations and agricultural user facility easements and will not be impacted. The applicant is actively working with impacted parties on this issue. Approval of the ditch company is required prior to final plat approval per code provisions. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application proposed to irrigate parkland, open space or other public lands landscaping with a well. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by agriculture which has reduced wildlife habitat. There are no known endangered or threatened species on the property. Birds and waterfowl and other small animals utilize the Mandeville Creek corridor. The wetlands and watercourse will be protected as City parkland will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections,the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 3 8 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result,the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC in January 2019. With the pre-application plan review application, waivers were requested from the materials required in BMC 38.220.060 Additional Subdivision Preliminary Plat Supplements. Some items were not waived and all required materials have been addressed. City Commission Findings of Fact South. University District Please 3 Major Subdivision Page 24 of 30 The following summary comments and findings are provided on the supplemental information required with by BMC 38.220.060. 38.220.060.A.1 Surface Water The subdivision will not significantly impact surface water. Mandeville Creek, and two laterals of the Middle Creek Ditch go through boundaries of this project. Wetlands exist in the proposed parkland, as delineated with the South University District Master Plan and Phase 1 Minor Subdivision. An updated delineation was performed in the Fall 2018. A Middle Creek Ditch lateral within the South 19th Ave right-of-way on the west boundary of this project;this ditch will be piped along its current alignment and connected to the existing piped inlet, approximately 500 feet south of West Kagy Boulevard. A 404 permit has been prepared and submitted for approval. Perpetuating the two water courses in the park through the Campus Blvd right-of-way will also require permitting. The realignment and culverted crossing of The Middle Creek Ditch lateral within the park parcel will need to be realigned slightly and the ditch will be piped under the proposed road. Mandeville Creek will also be piped under the Campus Blvd right-of-way; both of these crossings will require a 404 permit, in addition to a 310 permit. The permits for the alteration concerning this work are in the process of review and approval. 38.220.060.A.2 Floodplains The DRC waived this supplement.No mapped 100-year floodplains impact the subject property. 38.220.060.A.3 Groundwater The subdivision will not significantly impact groundwater. The applicant provided groundwater monitoring data that shows that high ground water is not an issue with this subdivision. 38.220.060.A.4 Geology, Soils and Slopes The subdivision will not significantly impact the geology, soils or slopes. The soil constraints are typical of Bozeman. There are no hazardous features associated with this soil types,however it is recommended that a geotechnical engineer certify any foundation design prior to construction. No significant cuts or fills are anticipate other than where Campus Boulevard will cross Mandeville Creek where six feet of fill is required. 38.220.060.A.5 Vegetation The DRC waived this supplement. The subdivision will not significantly impact vegetation. No substantial native vegetation was identified on the to be developed lot. The Mandeville Creek corridor and wetlands will not be significantly impacted. Other than the ditch and wetlands the area has been substantially disturbed by agriculture. 38.220.060.A.6 Wildlife The DRC waived this supplement. The subdivision will not significantly impact wildlife. See comments under primary subdivision criteria#5 above. City Commission Findings of Fact South. University District Please 3 Major Subdivision Page 25 of 30 38.220.060.A.7 Historical Features The DRC waived this supplement. A previous cultural resources study done for the South University District found that no notable features are on the site. 38.220.060.A.8 Agriculture The DRC waived this supplement. The subdivision will not significantly impact agriculture. See comments under primary subdivision criteria#1 above. 38.220.060.A.9 Agricultural Water User Facilities The subdivision will not significantly impact agricultural water user facilities. There are two agricultural water courses that will be affected by the subdivision improvements: both are laterals of the Middle Creek Irrigation Ditch. The irrigation ditch located adjacent to the South 19th Avenue ROW is approximately 2-feet wide and 2-feet deep running north from the south end of the property until approximately 500 feet south of West Kagy Boulevard, where the ditch is piped as it continues north. There is no plan to alter the alignment outside of its existing easement. It is proposed to pipe the ditch along the property frontage. Access structures for periodic maintenance will be installed at a spacing agreed to with Montana State University (MSU). The second irrigation ditch is located within the park parcel and will need to be realigned slightly and put through a culvert as it crosses the Campus Boulevard. The intent is to perpetuate the existing irrigation water through the property in an altered alignment to avoid the proposed stormwater facilities located in the park lot. The applicant is working with Craig White at the Middle Creek Ditch Company, E.J. Hooke at MSU, and Cheryl Boylan (water user) concerning the proposed improvements to the two Middle Creels Ditch Laterals. 38.220.060.A.10 Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. The required design reports have been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. The required stormwater design report was provided. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets,Roads and Alleys The subdivision will not significantly impact the City's street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. In addition to the dedicated and constructed streets in the subdivision,the applicant will will dedicate new public street easements for South 171h Avenue from State Street to Arnold Street. The proposed street sections are in accordance with the South University District Master Plan. South 17th Avenue is proposed to be a 47'-wide"local plus" street, which is a local street plus bike lanes. State Street will be a local street with a 35'-ft width to better accommodate on- street parking. Campus Boulevard is proposed to be a 48'-wide road including bike lanes. Access to the proposed development will be through the aforementioned subdivision roads. The City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 26 of 30 intersection and signal at South 19th Avenue and Campus Boulevard will be upgraded, and right- in, right-out accesses are being proposed at the intersections of South 19th Avenue and State Street, and West Kagy Boulevard and South 17th Avenue, and West Kagy Boulevard and the mid-block access (South 18th Avenue). West Kagy Boulevard is planned to be improved in the existing Capital Improvements Plan(CIP). South 19th Avenue is a principal arterial and a Montana Department of Transportation(MDT) secondary highway. A portion of South 19th Avenue will be widened to accommodate the new intersections. MDT approval will be required for improvements to South 19th Avenue. No alleys are proposed in this development. A traffic impact study was conducted for the proposed development and reviewed by the Engineering Division. 38.220.060.A.13 Utilities The subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. Easements will be provided per code requirements. 38.220.060.A.14 Educational Facilities The DRC waived this supplement. No residential development is proposed in this phase of the subdivision. 38.220.060.A.15 Land Use The DRC waived this supplement. The property is zoned REMU, Residential Emphasis Mixed Use and is being developed consistent with the approved South University District Master Plan. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. A master parks plan was included with the South University District Master Plan. Phases 1 and 2 of the South University District subdivisions have dedicated 14.05-acres of park. 15.87 acres of park are proposed to be dedicated with this subdivision. Park improvements will occur concurrent with the subsequent subdivision and development of the restricted development lots in this subdivision. 38.220.060.A.17 Neighborhood Center Plan The DRC waived this supplement. The Mandeville Creek South University District Park is the neighborhood center for this district as approved in the South University District Master Plan. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City's requirement for cut-off shields as required by the City's specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. This area will be added to the existing South University District SILD. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 27 of 30 38.220.060.A.19 Miscellaneous The DRC waived this supplement. The subdivision will improve the access to public lands. No know hazardous conditions exist on the property. The proposed subdivision is outside of the Wildland Urban Interface (WUI). 38.220.060.A.20 Affordable Housing The subdivision does not meet the thresholds for requiring an affordable housing plan per BMC 38.380.030.A.1. This subdivision is a commercial subdivision. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 3 8, Article 2, BMC, and other applicable sections of Chapter 3 8, 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 October 21, 2019 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Stahly Engineering and Associates, acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on October 21, 2019 and no members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC,the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore,being fully advised of all matters having come before her regarding this application,the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 3 8, BMC. City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 28 of 30 H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission,by following the procedures of Section 76-3-625,MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this 2nd day of December, 2019. BOZEMAN CITY COMMISSION RUS Mayor ATTEST: .5,, ' ROB ROUGH :* = = •z City Clerk + �''• �aa3 ,••��' L� IN co �1 APPROVED AS TO FORM: G SULLIVAN Ci ttorney City Commission Findings of Fact South University District Phase 3 Major Subdivision Page 29 of 30 APPENDIX A PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use and PLI,Public Lands and Institutions. The intent of the REMU District is to promote neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live- work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development. Adopted Growth Policy Designation: The property is designated as Residential Emphasis Mixed Use. The REMU land use designation category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses,such as retail,offices,and civic uses,are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Standalone, large, non-residential uses are discouraged. Non-residential spaces City Commission Findings of Fact South University District Please 3 Major Subdivision Page 30 of 30 should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready access within and to adjacent development. APPENDIX B —NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420,Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on September 13, 2019, and by legal advertisement publication in the Bozeman Daily Chronicle on September 15 and 22, 2019. Content of the notice contained all elements required by Article 38.220.,BMC. One public comment letter was received, one member of the public spoke at the Planning Board public hearing. The letter writer and the commenter were the same individual. APPENDIX C—PROJECT BACKGROUND The South University District was formally annexed to the City of Bozeman in 2011. The City Commission approved a zoning master plan for the entire district in 2012, which was later modified on November 11, 2013. The approved master plan remains valid until November 11, 2019. Two phases of the subdivision have been previously subdivided and developed and include group living developments for Montana State University students with both projects on the east side of the South University District. Phase 3 is the first phase of the development on the west side of the South University District. APPENDIX D - OWNER INFORMATION Owner/Applicant: RTR Holdings II, LLC 22 Turtle Rock Court, Tiburon CA 94920 Representatives: Stahly Engineering & Associates 851 Bridger Drive, Suitel, Bozeman MT 59715 Report By: Brian Krueger, Development Review Manager ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street,Bozeman, MT 59715. Application materials—Available through the Laserfiche archive linked agenda materials. Public Comment: Dratz 9-27-19