HomeMy WebLinkAbout20027 Icon Apartments Prelim Plat PB SR20027 Staff Report for Amended Plat Icon Apartments Major Subdivision Page 1 of 17
20027 Staff Report for the Icon Apartments Major Subdivision
Public Hearing Date: Planning Board meeting is June 22, 2020 at 6:00 pm. Via WebEx. City
Commission meeting is June 2, 2020 at 6:00 pm. Via WebEx link:
https://bozeman.webex.com/bozeman/onstage/g.php?MTID=e34b51b5c9864a7f898659e
ac39cb5373
Project Description: A subsequent Major Subdivision Preliminary Plat Application to allow the
subdivision of 19.86 acres into two residential lots, two dedicated parkland lots, two open
space storm water lots, and street right-of-way.
Project Location: The property is legally described as Lot 3A of Minor Subdivision 365,
Section 10, Township 2 South, Range 5 East, City of Bozeman, Gallatin County,
Montana
Recommendation: Approval with conditions and code provisions.
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 20027 and move to approve the Icon Apartments Preliminary
Plat with conditions and subject to all applicable code provisions.”
Report Date: June 2, 2020
Staff Contact: Jacob Miller, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application from
Sanderson Stewart on behalf of Bozeman Apartment Group, LLC, requesting a subsequent major
subdivision of an existing 19.86 acre lot, to create two residential lots, two dedicated parkland
areas, two open space storm water lots and dedicated street right-of-way. The subject property is
host to the Icon Apartments and has entitlements from an approved master site plan and Phase A
Site Plan that is nearing completion. Phase B is in the public comment period. This subdivision is
a second or subsequent major subdivision from a tract of record and does require Planning Board
review. State statute requires a public hearing before a City Commission decision.
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On April 27, 2020 the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
Parkland dedication of 1.6 acres, improvements in-lieu and cash in-lieu have been provided with
the associated Master Site Plan.
The subdivider did not request any subdivision or zoning variances with this application.
The City did receive two written public comments on the application as of the writing of this
report.
The final decision for a subsequent major subdivision preliminary plat must be made within 60
working days of the date it was deemed adequate; in this case by June 27, 2020.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ...................... 9
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11
Preliminary Plat Supplements ........................................................................................... 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 15
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 15
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 16
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 16
FISCAL EFFECTS ....................................................................................................................... 16
ATTACHMENTS ......................................................................................................................... 17
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Figure 2 – Current land use
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
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 this project.
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. 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, stormwater open
space lots, pedestrian open space lots 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 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 and all open space landscaping.”
4. 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 each phase. This table must 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.
5. 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.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
All references below to the Bozeman Municipal Code (BMC).
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A. BMC 38.410.13 – Water rights. Payment must be made to the city of a payment-in-
lieu of water rights, calculated based on the annual demand for volume of water the
development will require multiplied by the most current annual unit price.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on April 27, 2020
This subdivision is a second or subsequent major subdivision from a tract of record and does
require Planning Board review. The Planning Board will review the application on June 2, 2020.
The Planning Board is the advisory body to the City Commission on this subdivision application.
The Planning Board will make a recommendation to the City Commission.
A public hearing is required before a City Commission decision. The City Commission is
scheduled for a public hearing on this major subdivision preliminary plat on June 22, 2020 at 6
p.m. via WebEx.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, 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 was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in recommended Condition of approval No. 2, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
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 Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do 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 provisions necessary to meet all municipal
standards. Staff recommends Conditions of approval No. 1 and 2 to address necessary
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documentation and compliance with standards. Therefore, upon satisfaction of all conditions and
code corrections the subdivision will comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission and Planning Board public hearings were properly noticed in
accordance with the Bozeman Municipal Code. Based on the recommendation of the
Development Review Committee (DRC), the Planning Board, and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The Department of Community Development received a preliminary plat application on January
28, 2020. Staff deemed the application acceptable for initial review in writing on February 5,
2020. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on March 4, 2020.
A revised application was received on March 25, 2020. The DRC determined the application was
adequate for continued review on April 27, 2020 and recommended conditions of approval and
code corrections for the staff report.
The City scheduled public notice for this application on May 14, 2020 for publication in the legal
advertisements section of the Bozeman Daily Chronicle on Sunday, May 17 and Sunday May 24,
2020. The applicant posted public notice on the subject property on May 17, 2020. The City sent
public notice to physically adjacent landowners via certified mail, and to all other landowners of
record within 200-feet of the subject property via first class mail, on May 14, 2020. One public
comment had been received on this application as of the writing of this report.
On May 29, 2020 staff completed and forwarded the staff report for this subsequent major
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which is scheduled to make a final decision at its June
22, 2020 public hearing. The City Commission must make a final decision on a subsequent
major subdivision preliminary plat within 60 working days of the date the application was
deemed adequate; in this case by June 27, 2020.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and code
provisions requiring plat corrections as recommended by the DRC for consideration by the City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
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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 No. 3, 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 are located within dedicated street right of ways.
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. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The subject property is designated as residential
according to the City of Bozeman Community Plan. The area is zoned for residential mixed use
high density development.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – Water and sewer capacity exists to serve the subdivision. Through an approved
Master Site Plan application 17542, the subdivider proposed to extend water and sewer mains
within all local and collector streets within the subdivision. The construction of sanitary sewer
and water infrastructure is currently under way through the Phase A Site Plan. The existing water
system and downstream sanitary sewer mains have adequate capacity to serve the subdivision.
No water rights exist for the subject property. Cash in lieu of water rights is proposed and must
be provided per code provision in order to provide a long term water supply for the project.
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 subdivider recorded access easements for Palisade Drive and Stafford Avenue
through the Master Site Plan application 17542 and proposes to dedicate them as right-of-way
with this subdivision. Several other access easements have been recorded for internal roadways
to serve the development. All streets are proposed to be constructed to city standards and the
City accepts maintenance for all streets. The applicant will construct the widening of West
Babcock from Stafford Rd to Ferguson Street with Phase B of the project.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
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Stormwater – The subdivision will construct storm water control facilities to conform to
municipal code. Surface stormwater facilities are proposed on open space lots and within city
parkland. 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. Condition of approval 3 ensures this will be satisfied according to standards with the
final plat.
Parkland – The proposal meets the required park dedication and improvement standards. The
subdivider has dedicated 1.61 acres and provided $126,982 cash-in-lieu of parkland. They have
also provided $475,722.70 in improvements which is substantially more than the required
amount of $320,076.20. The 1.61 acres of dedicated park, called Ferguson Park will be
constructed in two phases, along with the rest of the development. A park public easement has
been recorded with the Master Site Plan application 17542.
4) The effect on the Natural environment
The subdivision will not significantly impact the natural environment. No changes to the existing
lot configuration or subdivision infrastructure are proposed.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
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
DRC reviewed the subsequent major subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed major subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review and provided comments on July 18, 2018. With the pre-application plan review
application, the subdivider requested waivers from BMC 38.220.060 “Additional Subdivision
Preliminary Plat Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under BMC 38.220.060 except for
water and sewer, land use and parks and recreation.
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Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
This subdivision will not significantly impact surface water. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.3 Groundwater
Groundwater will not be impacted. The DRC waived supplemental information. No changes to
the existing lot configuration or subdivision infrastructure are proposed.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.7 Historical Features
This subdivision will not significantly impact historic features. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
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38.41.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
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. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. Street improvements
are currently underway. See discussion above under primary review criteria. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. All private utilities servicing the
subdivision are existing and installed underground. The DRC waived supplemental information.
38.220.060.A.14 Educational Facilities
The applicant has requested comment from the Bozeman School District on capacity for the
development.
38.220.060.A.Land Use
The subdivision will not significantly impact land use. The City of Bozeman Community Plan
designates the subject property as residential and the property’s RO, Residential Office zoning
allows for residential development. Residential uses are planned for the property.
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38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
A neighborhood center is provided in the form of a public park within the proposed subdivision.
See discussion above under primary review criteria. DRC waived supplemental information.
38.220.060.A.18 Lighting Plan
A site lighting plan was provided with the approved Master Site Plan, Phase A Site Plan and
Phase B Site Plan. The DRC waived supplemental information.
38.220.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified hazards in
proximity to the subject property. The DRC waived supplemental information.
38.220.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The units are
proposed as rental units and are not subject to the Affordable Housing Ordinance.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned RO, Residential Office. The intent of the R-O residential-office
district is to provide for and encourage the development of multi-household and apartment
development and compatible professional offices and businesses that would blend well with
adjacent land uses. These purposes are accomplished by: Providing single-household apartment
rentals, in an area with mixed housing types and a commercial node just south of the project. Use
of this zone is appropriate for areas characterized by office or multi-household development;
and/or areas along arterial corridors or transitional areas between residential neighborhoods and
commercial areas.
Adopted Growth Policy Designation:
The subject property is designated as Residential in the Bozeman Community Plan. This
category 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 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
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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 – DETAILED PROJECT DESCRIPTION
Project Background and Description
The Icon Apartments Master Site Plan and Phase A Site Plan were approved on May 24, 2018,
Phase A is currently under construction. Phase B was granted adequacy on 5/27/2020 and is
currently in the public notice period. The subsequent Preliminary Plat was submitted on January
28, 2020 to subdivide the 19.36 acres of Lot 3A, Minor Subdivision 365 into two lots in order to
phase the construction of the Icon Apartment project. The project consists of 336 apartment
rental units, with right-of-way dedication and access and utility easements. Cash-in-lieu and
improvements-in-lieu of parkland were approved with the Master Site Plan to go along with the
1.6 acre dedication.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on May 17,
2020 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, May 17 and Sunday May 24, 2020. The applicant posted public notice on the subject
property on Sunday May 17, 2020. The City sent public notice to physically adjacent
landowners via certified mail, and to all other landowners of record within 200-feet of the subject
property via first class mail, on May 14, 2020. Two public comments have been received on this
application as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bozeman Apartment Group, LLC, PO Box 11890 Bozeman, MT 59719
Subdivider: Same as owner
Representative: Sanderson Stewart, 1610 Ellis Street, Suite 2B, Bozeman, MT 59715
Report By: Jacob Miller, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
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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
Noticing
Preliminary Plat
Master Site Plan
Phase A Site Plan
Phase B Site Plan
Park Plan