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HomeMy WebLinkAbout20- Findings of Fact and Order - Allison Phase 4 Major Subdivision Preliminary Plat 19002 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Allison Phase 4 Major Subdivision 19002 Public Hearing Dates: Planning Board January 7,2020 at 7:00 pm in the City Commission Room 121 N.Rouse Avenue,Bozeman,Montana City Commission,February 10,2020 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue,Bozeman,Montana Project Description: Application for the subdivision of 48.21 acres into thirty two residential single household, nine townhouse, five residential multi-household and three restricted development lots,and including streets and rights of way.The site is located at South 1 lth Avenue and Arnold Street. The project site is generally located SE of the intersection of South 1 lth and Opportunity Way and extends past Graf Street to the south and to the Morning Star School east of the site. Project Location: Located in the Northeast one-quarter and the Southeast one-quarter of Section 24,Township 2 South,Range 5 East, City of Bozeman, Gallatin County,Montana 111 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 2 of 29 Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Commission Recommended Motion: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19002 and move to approve the subdivision with conditions and subject to all applicable code provisions. Action Date: February 10,2020 Staff Contact: Brian Krueger,Development Review Manager Griffin Nielsen,Project Engineer Agenda Item Type: Action(Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. 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 subdivide the existing 48.21 acres of the Allison Phase 4 Major Subdivision. The subdivision will create thirty two residential single household,nine townhouse,five residential multi-household and three restricted development lots, and including streets and rights of way. The property includes a mix of zone designations. The subject property is zoned primarily for R- 1,with smaller portions of R-2 and R-3 at the north of the site. The R-3 portion is located SE of the intersection of South I Ith and Opportunity Way and is roughly 5 acres. The R-2 portion is located SE of the intersection of University Drive and Opportunity Way and is roughly 8.8 acres. The development will construct Bon Ton Avenue from Opportunity Way, south past Arnold Street where it will terminate at the future phase line. Arnold Street will be constructed from South 1 Ph Ave to its terminus at the eastern property line. Student drive will be constructed from South 1 lth to the proposed South 7th Ave. and Vollmer Street will be constructed from Student Drive to Bon Ton Avenue. Parkland dedication through cash in lieu of land dedication is proposed and is recommended for approval by the Recreation and Parks Advisory Board.No additional parkland development is proposed at this time. The three remaining lots are proposed as restricted development lots which will require further subdivision review prior to development and infrastructure installation. 112 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 3 of 29 The Planning Board held a public hearing on the application on January 7, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 7:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. Four members of the public spoke at the hearing. The oral comments at the meeting were regarding generally concerning potential impacts to Figgins Creek and the associated recreational trail, change in character to the area and potential student residents, increase in traffic, stormwater infrastructure,wetlands, and the potential future use of the restricted development lots. Staff responses are provided in Appendix B. The Planning Board proceedings may be viewed here under the date January 7, 2020: https://www.bozeman.net/services/city-tv-and-streamin -ag udio 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. The Development Review Committee (DRC) deemed the application adequate for continued review on December 11,2019. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by February 11,2020,unless there is a written extension from the developer,not to exceed one year. No written public comment was received. The public hearing date for the City Commission was February 10,2020. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission met to consider the application for a preliminary plat for the subdivision of 48.21 acres into thirty two residential single household,nine townhouse, five residential multi- household and three restricted development lots, and including streets and rights of way. The site is located at South 1 lth Avenue and Arnold Street. The project site is generally located SE of the intersection of South 11th and Opportunity Way and extends past Graf Street to the south and to the Morning Star School east of the site. One member of public spoke at the hearing. 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 February 10, 2020: https://www.bozeman.net/services/city-tv-and-stream ina-audio Alternatives 1. Approve the application with the recommended conditions; 113 19002, City Commission Findings of Fact Allison Phase 4 Major Scrbdivision Page 4 of 29 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission's findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. TABLE OF CONTENTS EXECUTIVESUMMARY............................................................................................................ 2 UnresolvedIssues...............................................................................................................2 ProjectSummary................................................................................................................. 2 Alternatives......................................................................................................................... 3 SECTION1 -MAP SERIES .......................................................................................................... 5 SECTION 2—REQUESTED VARIANCES ............................................................................... 10 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL.......................................... 10 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 12 SECTION 5 -RECOMMENDATIONS AND FUTURE ACTIONS.......................................... 15 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 16 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC..................... 16 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19 PreliminaryPlat Supplements...........................................................................................22 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 25 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY......................................26 APPENDIX B—NOTICING AND PUBLIC COMMENT......................................................... 27 APPENDIX C - OWNER INFORMATION................................................................................28 ATTACHMENTS......................................................................................................................... 29 114 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 5 of 29 SECTION 1 -MAP SERIES .w PL.I CAMPUS BLVD � __ Z - ,, O`��6ROOK DR OPPORTUNITY y �EMI�J • � �� - low- R a �r STUDENT DR Q O ti F{ � STAU tAD IER�S7• m � �< \1' CRAF ST N' CH`IF m ■k7 O \1'rCR.\F�T _ < ,IELDSTON� DR Legend D�AI:E�DR� Planning Project City Limits R��� L CON 000RD DR Zoning Districts ,` 7t7, LA Parcels mp Roads E, Alleys Zoning classification 115 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 6 of 29 CANUTS HIND W BP F OPPORTUNITY—N'A"Y t- R-3 41 '1:l STUDF,NT DR R_2 T 2 � F � to R-1 ARNOLD ST x c Ca w P= R-1 w n ' u Legend 0: C3 Planning Project N' C k;I C 17 City Limits Sir mil 0: Parcels W O N' G RA F ST Roads < W Alleys Lj tY F- Community Plan Future Land Use Residential Alp STONE DU Residential Emphasis Mixed Use Suburban Residential Regional Commorcial and Services Community Core tY _ _/I Community Commercial Mixed Use C W Business Park Mitred Use p <O\(ORD DR Industrial C Public Institutions a m C Parks,Open Space and Recreational Lands W J Z. „ :., 7 Other Public Lands R-2 r W Golf Course r 0 Present Rural Z W — LEx1NcTON Dts ALDER CREEK DR v � Growth policy designation 116 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 7 of 29 CAIIIPUS Iii:VD w Q BP � URPOR-TUNIT•Y - STUDENT DR R-1 ._ A M R Legend Planning Project City Limits I.Lxed Use !' Roslaurant%Bar J Commercial Retail Sates,Services.Banks y HotelNotel �I pr 1 •" x� Commercial Auto AdministralivelProfessional Light Manufacturing Golf Course H Park or Open Space V F Conservation Easement 'r Church g �vntiT B DR' ON � Public Facility F� ® SchoollEducational Facility �- — ——-- -�- single-Household Residential - Dupiex%Triplex Residential 3 Q Multi-Household Residential Q YI ; Mobile Home%labile Park (.ONCOItT)r DR4 l Right-of-Way F ~ < w Undeveloped z Vacant U 7 •�+� 14 - Parcels R_2 w v) , Roads Alleys ran -W L'EXIN- N DR .ALDER CRF.E DR Current land use 117 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 8 of 29 1 BP ZONE 1 i N 69'05'0(r E(R) Opportunity Way S89"45-17"E(M)1509.40'(R&M) ,�jo gT I13 ZONE i \ ¢ Phase 4A j Future yy��o y Lot 1 � Phase Lot 1 C Lot 2 c B IL. G G K 1 R 1 ZONE L•34D.46(RdN Cl ° Lot 2 1 R=1432.5D(R& ( m Lot dovalopmaN 1 O•13.3ror(R i subject to ruthet 1 CH BRO.•B 24 _ subdivision review S 23 see—' —, N),,. CH L.•339.6G Student Drive ; N73�33"'W(R) Lot 1 `ry6 1 i �,\ 80'98' 4�YM Lot 1 Lot 2 Lot 3 Lot 4 ; R2 ZONE �R�M) 5' Lot �L Lot 2 R1 ONE 1 m' J* 4�i Lot �'° U L U G 4 Lot5 t Lot8 Lot?Loth Lots 1 Lott �O 1r ybroy�. a 1 / L ZONE t Lots ���� Vollmer Street 1 0 // �, o�� Sheet 2 & 5 ° Lot 8 tiry ,��. '� �9 r�0 .�1 1 yry Lot 9 �a v� d d d v� 1 j/ yh A o q TCH LINE Nk e\�S\o'ry ry TA►�v CH Lot 10 �� R 1 )L < ` h 6 1 / ���\ LINE Sheet 3 & G —'— Phase 4A Arnold Street / s21.45.3r WtR) S22"55'21'W 182.93'(R&M) Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 N89'2374'E(R) JF 13 o C K C. Lot S89'26'42'E 37.09'(R&M) •tl BL. S00'40'18'E(R) zo S00°29-25"WM ,0 60.00'(R&M) w n o Future a 8? Phase 0 z Z Lot 2 Lot tlavelopmsnt atbjecl to rulhor wbdrviwn rovlmv � ? L x GGG h, B W E �H LINE MATCH LINE R170NF �y1 A, S 1v sit �a S891etsW1R) 0' 200' 400' 600, y yryp y'" N89°32'02'W(M) 32.75'(RSM) SCALE:1'=200' N W4825"E(R) 6 o a S89'01'52'E(M) BASIS OF BEARINGS: b 115.33'(R&M) N o o Phase 4B Montane State Plane Coordinate System Grid North Phase 4A G 10 t' s DO'i I'll 8'E 70.75'(R) (NAD83,Single Zone),established through �@st Lott S 00'58'25"W 70.71'(M) GPS observations. raiSre@t S 89°48'42'W 59.44'(R) r; y N 89°01'll 1"W 58.41'(M) N Lot 1 Lot development subject to w lulhor subdivision to 631'49'03'W 106.14'(R) W �P$ S32"58'46'W 106.20'(M) to N c Future V- �'o Phase Z N89"00'58"W(M)396.7V(R&M) S B9'49'18'W(R) Preliminary Plat 118 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 9 of 29 N 119 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 10 of 29 SECTION 2—REQUESTED VARIANCES There are no variances requested with this subdivision 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. 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 from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. Lot 2 Block 2;Lot 2 Block 7 and Lot 1 Block 9 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 2 Block 2; Lot 2 Block 7 and Lot 1 Block 9 of the Allison Subdivision Phase IV, 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. THREREFORE,BE ADVISED,that Building Permits will not be issued for Lot 2 Block 2; Lot 2 Block 7 and Lot 1 Block 9 of the Allison Subdivision Phase IV, 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 must 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." 4. The final plat must contain the following notation on the conditions of approval sheet in the final plat: "The responsibility of maintenance for the stormwater facilities and street frontage landscaping for the perimeter streets must be that of the property owners' association. Maintenance responsibility must include,all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter 120 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 11 of 29 development streets. 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 stormwater facilities." 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. A ten foot front setback utility easement must be provided along the Arnold Street frontage of Lot 2,Block 7. 8. The subdivider must install perpetual wetland boundary fiberglass markers on the watercourse setback line on Lot 1,Block 8 of Phase 4B prior to final plat approval. 9. A water course setback planting plan must be submitted with the final plat application and must be implemented and installed on Lot 1, Block 8 of Phase 4B prior to final plat approval. 10. A building envelope must be provided for Lot 1, Block 8 of Phase 4B that is in conformance to the form and intensity standards and water course setbacks within the Bozeman Municipal Code.An exhibit on the conditions of approval sheet for this lot must be provided with the allowable building envelope depicted. 11.A separate recordable document must be submitted with the final plat application for Lot 1, Block 8 for review and city approval that describes the limited buildable area on the lot,the building envelope,the requirement for the watercourse setback plantings, and perpetual boundary markers for the setback and describing the limitations on development and activities in the setback area per BMC 38.410.100.A.2. The document must be recorded with the final plat. 12. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. 13. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be"This subdivision is subject to affordable housing requirements. The subdivision's requirements and obligations can be found in the Allison Subdivision,Phase W Affordable Housing Plan recorded as document no. at the Gallatin County Clerk and Recorders Office." 14. The alley must be extended to the east the width of the lot on the south side of Lot 1, Block 7,Phase 4A and may be in the form of an alley easement. 15. Unless high groundwater conditions are determined to not be present by the engineering department(depth to groundwater exceeding 48"across the property)the following note 121 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 12 of 29 must appear on the final plat:No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system or the stormwater drainage system. Sump pumps may not discharge onto streets or into the curb and gutter. 16.A 1 foot no access strip must be placed along the property frontage fronting on South 11th Avenue. 17. A 1 foot no access strip must be placed along the property frontage fronting on Arnold Street. 18. The property falls within the payback created for the recently completed South 11"'Avenue, see Resolution 5003. Payment for the properties proportional share must be provided prior to final plat approval. 19. The property falls within the payback created for the recently completed Graf Street, see Resolution 4740.Payment for the properties proportional share must be provided prior to final plat approval. 20. If they do not already exist 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. a. Street improvements to South I Ith Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to West Graf Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to South 7th Avenue including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to South 1 I'Avenue and West Graf Street e. Intersection improvements to South 1 Ith Avenue and Kagy Boulevard f. Intersection improvements to South 7th Avenue and Kagy Boulevard The applicant may obtain a copy of the template SID waiver from the City Engineering Department(Griffin Nielsen). The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to final plat approval. 21. 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. 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). 122 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 13 of 29 1. BMC 38.220.050.A.3. Groundwater supplement. The seasonal high groundwater elevations must be verified prior to final plat approval. The provided groundwater data was collected outside of the seasonal high. Staff recommends condition of approval 15 related to this issue. 2. 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. 3. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 4. 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. 5. 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 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. 6. 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. 7. 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 123 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 14 of 29 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. 8. 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. 9. BMC 38.270.090. 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. 10. BMC 38.380.100.A Affordable housing plan as binding agreement.An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval. 11. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed.A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 12 related to affordable housing. 12. BMC 38.410.070. Municipal water, sanitary sewer and storm sewer systems. a. A downstream sewer constriction exists in South Yd Ave.just north of the intersection of South 3rd and Westridge Drive. The constriction must be addressed with the subdivision infrastructure in order to accommodate the first two phases of the proposed subdivision. b. The water main in Bon Ton Drive must connect the existing main in Opportunity Way. c. Fire hydrants must spacing per the requirements of the City's Design Standard and Specifications Policy Manual (DSSP) and be approved by the Fire Department. 13. BMC 38.410.080. Grading and drainage. a. The subdivision must account for stormwater runoff collected within the "temporary retention" onsite collecting water from South 1 lth Ave. b. A stormwater maintenance plan must be provided with the subdivision infrastructure submittal for review and approval. The approval maintenance plan must be incorporated into the property owners' association(POA) documents prior to final plat approval. c. The applicant must include a note on the plat that the POA is responsible for maintenance of all stormwater infrastructure located outside public right-of-way. 124 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 15 of 29 d. A 12 foot all weather access road must be constructed from Bon Ton Avenue to the temporary stormwater on the north end of Lot 2 of Block 2. The access road must be maintained by the POA. 14. BMC 38.410.130. The transfer of water rights or the payment of cash-in-lieu(CILWR) of water rights shall be provided. The applicate must contact the Engineering Division,for a determination of payment. The payment of CILWR is required prior to final plat approval. 15. BMC 38.420.030.C.The currently adopted fair market value of cash in-lieu of land dedication for parkland is $1.60 per square foot. The park plan must be updated to reflect the fair market value at the time of final plat approval. The next appraisal is scheduled for March 2020. The cash donation accepted in-lieu of land dedication for parkland must be paid prior to final plat approval. 16. BMC 38.420.030.D. Where a cash donation has been accepted in-lieu of land dedication for parkland,the amount of cash donation must be paid prior to final plat approval and stated on the final plat or plan as appropriate. 17. BMC 38.420.080.B Boundaries. The park boundary bordering all private lots must be delineated at the common private/public corner pins,with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 18. 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. 19. BMC 38.570.030. The applicant must construct street lights per the DSSP and setup a special improvement lighting district (SILD) for maintenance of the lights with the City Finance Department prior to final plat approval. 20. BMC 38.600. Lot 1, Block 8, Phase 4B is subject to a Federal Emergency Management Agency(FEMA)mapped special flood hazard area,Zone A.E.Unless and until a letter of Map Change application is approved by FEMA, mandatory flood insurance applies for federally backed mortgage structures built within the FEMA mapped Zone AE flood plain on this lot. This note must appear on the final plat or obtain a Letter of Map Change(LOMC)from FEMA prior to final plat approval. SECTION 5-RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the applications are adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on December 11,2019. The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed subdivision and cash in lieu of land dedication as outlined in the application and with the conditions and code provisions in this report. 125 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 16 of 29 The Community Affordable Housing Board reviewed the proposed affordable housing plan related to this subdivision and recommends approval of the plan. The Planning Board held a public hearing on the application on January 7,2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 7:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. Four members of the public spoke at the hearing. The oral comments at the meeting were regarding generally concerning potential impacts to Figgins Creek and the associated recreational trail,change in character to the area and potential student residents, increase in traffic, stormwater infrastructure,wetlands, and the potential future use of the restricted development lots. The Planning Board proceedings may be viewed here under the date January 7,2020: https://www.bozeman.net/services/city-tv-and-streaming-audio The public hearing date for the City Commission is February 10,2020. The hearing will be held in the City Commission room, 121 N Rouse Avenue at 6 pm. SECTION 6-STAFFANALYSIS 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 126 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 17 of 29 conditions and code corrections necessary to meet all regulatory standards. Staff recommends conditions no. 1-5, 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 in September,2018. The initial preliminary plat application was received on January 3, 2019 and was deemed inadequate for further review on February 11,2019.A revised application was submitted on April 2, 2019. The City reviewed the application through the Development Review Committee and on April 10,2019 the application was deemed inadequate for review.Revised materials were received on May 20,2019.The City reviewed the application through the Development Review Committee and on June 19, 2019 the application was deemed inadequate for review. A revised application was submitted on October 10, 2019. The Development Review Committee reviewed the application materials and deemed the application adequate for review on December 11, 2019. Public hearings were scheduled for January 7,2020 and February 10,2020. 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 Planning Board held a public hearing on the application on January 7, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board 7:0 recommended approval of the project with the conditions and code provisions outlined in this staff report. Four members of the public spoke at the hearing. The oral comments at the meeting were regarding generally concerning potential impacts to Figgins Creek and the associated recreational trail,change in character to the area and potential student residents,increase in traffic, stormwater infrastructure,wetlands,and the potential future use of the restricted development lots. Staff responses are provided in Appendix B.The Planning Board proceedings may be viewed here under the date January 7,2020: https://www.bozeman.net/services/city-tv-and-streaming-audio 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 February 11, 2020,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 B and public comment is summarized and a staff response is provided. 127 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 18 of 29 On January 31, 2020 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 February 10,2020. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission met to consider the application for a preliminary plat for the subdivision of 48.21 acres into thirty two residential single household,nine townhouse, five residential multi- household and three restricted development lots, and including streets and rights of way. The site is located at South l lth Avenue and Arnold Street. The project site is generally located SE of the intersection of South 1 lth and Opportunity Way and extends past Graf Street to the south and to the Morning Star School east of the site. One member of public spoke at the hearing. 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 February 10, 2020: 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 3 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Condition of approval & is requested by NorthWestem Energy in order to provide adequate private utility service to the subdivision.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. 128 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 19 of 29 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. Collector streets South 1 lth Avenue and Graf Street, and the local street Opportunity Way provide access to the proposed subdivision. The subdivision proposes to construct local streets including Arnold Street, Bon Ton Avenue, Vollmer Street, and South 7th Avenue. 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 16-20 are related to this issue. Primary Subdivision Review Criteria,Section 76-3-608 1)The effect on agriculture The subdivision will not impact agriculture. The subject property is planned and zoned for residential use according to the City of Bozeman Community Plan.The property has previously been used for agriculture and is currently a stubble field. The property is not a viable agricultural unit. The surrounding properties are proposed for urban development. 2)The effect on Agricultural water user facilities The subdivision will not impact agricultural water user facilities. No irrigation facilities exist on the site proposed for subdivision. 3)The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way, of Arnold Street, South 1 lth Avenue and Opportunity Way. The subdivision water supply will be sourced from existing water facilities in S. 11th Ave and Arnold St and extended through Arnold Street to the local streets constructed in the subdivision. The wastewater system for the proposed subdivision will flow north into the existing sanitary sewer manhole located in Opportunity Way. 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 with exceptions.A downstream sewer constriction exists in South 3rd Ave.just north of the intersection of South 3rd Avenue and Westridge Drive. The constriction must be addressed with the subdivision infrastructure in order to accommodate the first two phases of the proposed subdivision. In order to meet city design standards,the water main in Bon Ton Drive must connect the existing main in Opportunity Way. Code provision 12 is related to this issue. 129 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 20 of 29 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. Arnold Street will be extended from the East by the current termination at Morning Star School to the existing South 1 Ith Avenue at the roundabout to the west. Local streets, Bon Ton Avenue, Vollmer Street, Student Drive, and South 71h Avenue,will extend from these streets through the subdivision. The certificate of dedication for the final plat will list specific duties for maintenance. The streets are proposed to be constructed to city standard and will be maintained by the City. South 1 lth Avenue and West Graf Streets are collectors based on the 2018 Bozeman Transportation Plan.Arnold is a local plus street with a 70' right of way width,parking and bike lanes.An alley is proposed in the subdivision to separate the lots in Block 5. The proposed alley is 30' wide with a 20' wide asphaltic concrete drive and 5' wide shoulders on each side. Vollmer Street, Student Drive, South 71h Avenue, and Bon Ton Avenue are 60' right of way width local streets with two travel lanes and on street parking. The subdivision lies within two payback districts for recently completed street projects: South 1 It"Avenue and West Graf Street. Code provisions require payment of the payback prior to final plat approval. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Conditions of approval 16-20 are related to these findings. Code provisions 3, 7, 8, 14, and 19 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. The fire department is requesting that the east west alley be extended from Block 6 to behind Lot 1,Block 7 per condition of approval 14. Stormwater-The subdivision will construct storm water control facilities to conform to the City's design standards and municipal code. The stormwater facilities are proposed in restricted development lots per requirements and with appropriate easements. 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 4 and 12 and code provisions 2, 3, and 13 ensures this will be satisfied according to standards with the final plat. Parklands—This phase is required to dedicate 2.46 acres of parkland. The applicant proposes to use the 1.80 acre parkland balance from prior phases and pay the remaining 0.66 acre cash-in- lieu fee. Further subdivision review of the restricted development lots will require parkland in 130 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 21 of 29 order to meet the required park dedication and improvement standards for the development of those lots. The lots to be dedicated with this subdivision are in accordance with that plan. The Recreation and Parks Advisory Board reviewed the subdivision parks proposal and parkland cash in lieu and recommends approval with conditions of approval 5 and code provisions 9 andl5-17 related to this issue. BMC 38.420.090 authorizes the City to require waivers of right to protest creation of park maintenance districts. The residents will be able to use 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 districts. A waiver recorded with the final plat will ensure that the waiver is correctly drafted to meet state law requirements. Code provision 9 is related to this issue. 4) The effect on the Natural environment The subdivision will not significantly impact the natural environment. Figgins Creek is the only surface water located in this phase. Minimal street crossings of this natural feature are proposed in order to meet public safety and general welfare standards. Lot 1, Block 8 of Phase 4B is located in close proximity to Figgins Creek. The wetland boundary and watercourse setback overlie this lot. In order to mitigate impacts to the watercourse and to implement code required improvements to the watercourse staff recommends four conditions and one code provision related to this lot. Conditions 8-11 and code provision 19 are related this issue. 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 Figgins Creek corridor. The wetlands and watercourse will be protected as the majority of these areas are on restricted development lots and City parkland and will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects,but recommended protection of water resources during construction and through ongoing maintenance of the stormwater system. 6)The effect on Public health and safety With the recommended conditions of approval and required plat corrections,the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The 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 131 19002, City Commission Findings of Fact Allison Phase 9 Major Subdivision Page 22 of 29 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 Section 38.220.060 "Additional Subdivision Preliminary Plat Supplements." Some items were not waived and all required materials have been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220.060,BMC. 38.220.060.A.1 Surface Water The subdivision will not significantly impact surface water. The subject property encompasses Figgins Creek, a Jurisdictional Wetland(W-1) classified as a lower perennial riverine wetland that runs along the east border of the property. A portion of Figgins Creek will be impacted with the extension of Arnold Street. The impacts will be mitigated off-site as allowed by the Army Corps of Engineers. The majority of the water course and wetlands on this property will remain undeveloped on restricted development lots which will require further analysis and subdivision review prior to any further development. See the comments under the primary review criteria 4 related to the natural environment for comments on Lot 1, Block 8 which overlies the watercourse setback. 38.220.060.A.2 Floodplains The subdivision will not significantly impact floodplains. Staff has determined the subdivision, with code provisions, meets floodplain requirements. The majority of the subject property lies within Zone D,which is a designation indicating where there are possible but undetermined flood hazards. A portion of the east side of the site lies within Zone AE. Which is defined as an area subject to inundation by the 1-percent-annual-flood event determined by detailed methods. The 100 year flood zone is shown on the preliminary plat and a 50-foot watercourse setback has been established for properties abutting the inundation area. This area is primarily on the restricted development lots. Code provision 19 is related to Lot 1,Block 3 which lies within Zone AE in order to provide notice to that property owner and/or to require a map revision to remove the property from the zone. 38.220.060.A.3 Groundwater The subdivision will not significantly impact groundwater. The groundwater data submitted with the subdivision is out of date. The applicant included monitoring reports with older data. The reports show varying groundwater levels. The Engineering Division recommends conditions of approval related to groundwater that requires updated monitoring information prior to final plat 132 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 23 of 29 approval. If the data shows high seasonal groundwater, a plat note is required restricting subgrade foundations. Condition of approval 15 and code provision 1 are related to this issue. 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 Arnold Street will cross Figgins Creek. 38.220.060.A.5 Vegetation The subdivision will not significantly impact vegetation.No substantial native vegetation was identified. The Figgins Creek corridor and wetlands will not be significantly impacted. Other than the creek and wetlands the area has been substantially disturbed by agriculture. 38.220.060.A.6 Wildlife The subdivision will not significantly impact wildlife. See comments under primary subdivision criteria 5 above. 38.220.060.A.7 Historical Features There are no known or notable historic or archaeological features are on the site. 38.220.060.A.8 Agriculture The subdivision will not significantly impact agriculture. See comments under primary subdivision criteria 1 above. 38.220.060.A.9 Agricultural Water User Facilities There are no agricultural water user facilities on the property. 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. The applicant will dedicate and construct new public streets to support he subdivision. The proposed street sections are in accordance with design standards. Student Drive,Bon Ton 133 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 24 of 29 Avenue,Vollmer Street, and South 7ch Avenue are all proposed to be 60' right of way local streets. An alley is proposed to run through Block 5, connecting Student Drive and Bon Ton Avenue.Arnold Street is proposed to be constructed as a local plus standard with a 70' right of way in order to accommodate a shared use pathway. Access to the subdivision will be from South 1 lth Avenue, West Graf Street, and Opportunity Way. 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 and private utility requirements.All private utilities are available in the area.Easements will be provided per code requirements. 38.220.060.A.14 Educational Facilities The subdivision will not significantly impact educational facilities. A letter from the school district's director of facilities is provided stating the system's ability to accommodate the increased enrollment. 38.220.060.A.15 Land Use The property is zoned and planned for residential development.Residential development is proposed. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. Utilization of a previous parkland balance is proposed in combination with cash in lieu of parkland. The Recreation and Parks Advisory Board recommends approval of this parkland proposal for this subdivision. 38.220.060.A.17 Neighborhood Center Plan The subdivision proposes Morning Star School as the subdivisions neighborhood center. The Allison Subdivision surround the Morning Star School. The school is directly adjacent to the Allison Phase IV subdivision, is a civic center, is more than one acre in size, includes street frontage and includes active and passive recreation areas. 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. 38.220.060.A.19 Miscellaneous 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). 134 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 25 of 29 38.220.060.A.20 Affordable Housing The proposal from the subdivider is to provide ten percent of the total market rate homes proposed in the development. Thirty seven market rate units are proposed within the subdivision; with thirty two detached homes and five townhomes. The proposal is to provide four townhomes as lower priced homes @70%AMI for a total of forty one homes within the subdivision. The subdivider proposes to provide the four lower priced homes in phase IV to be developed concurrent with the market rate homes. The multi-household lots are not subject to the affordable housing ordinance. With the provided conditions of approval and code provisions the Affordable Housing Program recommends approval of the Affordable Housing Plan for this subdivision. The proposal has been reviewed by the Community Affordable Housing Board and they recommend approval of the affordable housing plan for the subdivision. The City Commission is the approval authority for the affordable housing plan and the overall subdivision approval. 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 February 10, 2020 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, Madison Engineering, 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 February 10, 2020 and one member 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 135 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 26 of 29 submittal materials, advisory body review,public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of this document by the City Commission,by following the procedures of Section 76-3-625, MCA. The preliminary approval of this 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 3 ra day of � , 2020 BOZEMAN CITY COMMISSION 0a"2, CHRIS MEHL Mayor ATTEST: 01 ti MUZE �. . MAAS � City Clerk . ��•, 1883 .• ��,`' ''9jN•CO.r1o�t APPROVED AS TO FORM.,,.,, ,,.„, 6A�.� G SU LIVAN City Attorney APPENDIX A PROJECT SITE ZONING AND GROWTH POLICY ZoninQDesignation and Land Uses:The property is zoned R-1,Residential Low Density District; R-2, Residential Moderate Density District; and R-3, Residential Medium Density District and is proposing residential development. 136 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 27 of 29 The intent of the residential zoning designations within the subject property is to provide for the development of diverse residential structures, from single-household homes to up to five- household structures.This allows for variations in residential densities throughout the subdivision, providing housing to fit varying household needs and income levels and providing community facilities and park land. Adopted Growth Policy Designation:The property is designated as"Residential"in the Bozeman Community Plan. 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. 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 December 20, 2019. The site was posted with a notice on December 22, 2019,and a legal advertisement was published in the Bozeman Daily Chronicle on December 22,2019. Content of the notice contained all elements required by Article 38.220.,BMC. Four individuals spoke at the Planning Board public hearing. The oral comments at the meeting were regarding generally concerning the following topics. The staff response follows the issue. 1. Potential impacts to Figgins Creek and the associated recreational trail,wetlands, and the potential future use of the restricted development lots. 137 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 28 of 29 a. The Figgins Creek wetlands and watercourse corridor and trail will be minimally disturbed with this subdivision. The crossing at Arnold Street and the development of Lot 1,Block 8,Phase 4B will create disturbances to the creek that will be mitigated and controlled. Stormwater releases will occur into the creek in minor areas as allowed and approved by the City of Bozeman stormwater regulations. The other portions of the corridor will not be developed at this time and will be platted as restricted development lots. Further subdivision review and public notice is required prior to development and impacts to those areas. 2. Change in character to the area and potential student residents. a. The area is planned for residential development at urban densities. The farm field has been long planned to be converted to residential uses. b. The City does not control who occupies individual dwellings. 3. Increase in traffic. a. Traffic increases occur with all development. The City's Engineering Division requires a traffic study of development of this type. The study did not identify any significant offsite improvements required for this development according to city standards. Graf Street and South 11th Avenue have been constructed by the City ahead of development to facilitate traffic in this area. Kagy Boulevard,between South Willson Avenue and South 19th Avenue is on the City's capital improvement plan for construction in 2024 and 2025. 4. Stormwater infrastructure. a. Stormwater infrastructure is designed to city standard. There are temporary surface retention ponds on the restricted development lots that will convey water to Figgins Creek as allowed in the regulations. The ponds are temporary and will be finalized with further subdivision review and development of the restricted development lots once a final design is known. This is allowable per city regulation and regular practice for phased development. No written public comment was received. APPENDIX C- OWNER INFORMATION Owner/Applicant: Bon Ton Inc.,PO Box 906 Bozeman,MT 59771-0906 Representatives: Madison Engineering, LLC, 895 Technology Blvd. Suite 203 Bozeman, MT 59718 Report By: Brian Krueger, Development Review Manager 138 19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 29 of 29 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: Four individuals spoke at the Planning Board public hearing,no written public comment has been received. 139