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HomeMy WebLinkAbout11-17-20 City Commission Packet Materials - C2. Final Plat for Icon at Ferguson Farms Subdiv App 20027 Report compiled on: October 29, 2020 Attachments: Final Plat, Staff Memorandum Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Jacob Miller, Assistant Planner SUBJECT: Approve the Final Plat for the Icon at Ferguson Farms Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 20027. MEETING DATE: November 17, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Icon at Ferguson Farms Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. BACKGROUND: On June 22, 2020, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Icon at Ferguson Farms Subdivision and voted 5-0 to conditionally approve the preliminary plat application. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Jacob Miller, Assistant Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 7 Report compiled on: October 29, 2020 Attachments: Final Plat, Staff Memorandum FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: October 29, 2020 Attachments: Final Plat, Findings of Fact 8 ICON AT FERGUSON FARM SUBDIVISION V:\17007_03_BKCP_Apartments_Boz_Minor_Sub_Plat_Minor_Sub\CADD_C3D\PRODUCTION_DWG\17007_03_FINAL_Major_Plat.dwg, 10/16/2020 3:07:33 PM, DWG To PDF.pc39 1203060 LEGEND NORTH 0 60 SCALE: 1" = 60' ICON AT FERGUSON FARM SUBDIVISION ” ” AREA SUMMARY V:\17007_03_BKCP_Apartments_Boz_Minor_Sub_Plat_Minor_Sub\CADD_C3D\PRODUCTION_DWG\17007_03_FINAL_Major_Plat.dwg, 10/16/2020 3:04:12 PM, DWG To PDF.pc310 ICON AT FERGUSON FARM SUBDIVISION 40'10'20' LEGEND NORTH 0 20' SCALE: 1" = 20' ” ”V:\17007_03_BKCP_Apartments_Boz_Minor_Sub_Plat_Minor_Sub\CADD_C3D\PRODUCTION_DWG\17007_03_FINAL_Major_Plat.dwg, 9/22/2020 4:06:01 PM, DWG To PDF.pc311 ICON AT FERGUSON FARM SUBDIVISION PUBLIC PARK LAND DEDICATION TRACKING TABLE CURRENT PREVIOUS PHASES TOTAL FOR SUBDIVISION THIS PROPOSAL (MASTER SITE PLAN) PHASE/LOT ________ PARK DED, AC, CIL &/or IIL PHASE/LOT PHASE A PARK DED, AC, CIL &/or IIL PHASE/LOT* PHASE B PARK DED, AC, CIL &/or IIL SUBDIVISION NAME: PROJECT NAME: NUMBER OF RES. UNITS PER PHASE/LOT/SITE PLAN:336 216 120 ACREAGE PARK LAND AND/OR CIL REQUIRED:** 15.6 AC*8DU/AC = 3.74 AC 15.6AC*4DU/AC=1.87 CILP TOTAL = 5.61 9.46AC*8DU/AC=2.27 AC 9.46AC*4DU/AC= 1.13 TOTAL=3.4AC 6.14AC*8DU/AC=1.47 6.14AC*4DU/AC=0.74 TOTAL= 2.21 VALUE OF IMPROVEMENTS IN LIEU PROPOSED: $475,722 VS. VALUE OF CODE-REQD. BASIC PARK IMPROVEMENTS: $320,076.20 PROPOSED: $475,722.70 REQUIRED: $320,076.20 PROPOSED: $320,076.20 REQUIRED: $201,231.91 PROPOSED: $155,646.50 REQUIRED: $118,844.09 CASH IN LIEU $100,192.11 $79,844.22 $47,137.78 ACREAGE PARK LAND PREVIOUSLY DEEDED: ACREAGE PARK LAND YET TO BE CONVEYED:1.61AC 1.61 AC 0 AC PARK MASTER PLAN APPROVAL DATE:___________V:\17007_03_BKCP_Apartments_Boz_Minor_Sub_Plat_Minor_Sub\CADD_C3D\PRODUCTION_DWG\17007_03_FINAL_Major_Plat.dwg, 9/22/2020 4:05:23 PM, DWG To PDF.pc312 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 1 of 20 Bozeman City Commission Findings of Fact and Order for the Icon at Ferguson Farms Major Subdivision 20027 Public Hearing Date: Planning Board meeting was held on June 2, 2020 at 6:00 pm. Via WebEx. https://www.bozeman.net/services/city-tv-and-streaming-audio City Commission meeting was held on June 22, 2020 at 6:00 pm. Via WebEx. https://www.bozeman.net/services/city-tv-and-streaming-audio Project Description: A subsequent Major Subdivision to allow the subdivision of 19.86 acres into two residential lots, two dedicated parkland lots, three 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: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board 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 recommend approval of the subdivision with conditions and subject to all applicable 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 20027 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: June 22, 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 DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 13 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 2 of 20 subdivision of an existing 19.86 acre lot, to create two residential lots, two dedicated parkland areas, three open space storm water lots and dedicated street right-of-way. This project is unique in that the subdivision request was made after a Master Site Plan and Site Plan for the property were reviewed by staff and approved by the Director of Community Development and while the project was nearly halfway built out. At the time the Master Site Plan was submitted, staff had recommended subdivision but the applicant felt it wouldn’t be necessary. While the timeline of this project is generally atypical of a subdivision, it is allowed by code. The subject property is host to the Icon Apartments and has entitlements from the 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. 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 Planning Board held a public hearing on the application on June 2, 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. No public comment was received. The Planning Board proceedings video may be viewed here under the date June 2, 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. The Development Review Committee (DRC) deemed the application adequate for continued review on April 27, 2020. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by June 27, 2020, unless there is a written extension from the developer, not to exceed one year. The City did receive three written public comments on the application as of the writing of this report. They have been included with the packet materials. The public hearing date for the City Commission was June 22, 2020. The hearing was held via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 19.86 acres into seven lots: two residential lots, two city parkland lots, and three open space stormwater lots, and streets and rights of way. No members of the public spoke at the hearing. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 14 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 3 of 20 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 paged filed under June 22, 2020: https://www.bozeman.net/services/city-tv-and-streaming-audio Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 9 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 SECTION 7 - FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 15 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 4 of 20 Preliminary Plat Supplements ........................................................................................... 14 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 20 DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 16 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 5 of 20 SECTION 1 – MAP SERIES Exhibit 1 – Zoning DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 17 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 6 of 20 Figure 2 – Current land use DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 18 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 7 of 20 Exhibit 2 – Community Plan future land use DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 19 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 8 of 20 Exhibit 3 – Preliminary Plat DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 20 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 9 of 20 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). DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 21 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 10 of 20 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 The Planning Board held a public hearing on 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. The Planning Board recommended 7:0 approval of the project with the conditions and code provisions outlined in this staff report. No public comments were presented during the hearing. The Planning Board proceedings may be viewed here under the date June 2, 2020: https://www.bozeman.net/services/city-tv-and- streaming-audio The City Commission held a public hearing on this major subdivision preliminary plat on June 22, 2020 at 6 p.m. via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 19.86 acres into seven lots: two residential lots, two city parkland lots, and three open space stormwater lots, and streets and rights of way. No members of the 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 paged filed under June 22, 2020: https://www.bozeman.net/services/city-tv-and-streaming-audio 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: DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 22 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 11 of 20 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 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 23 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 12 of 20 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 was held on June 22, 2020. On June 22, 2020 the City Commission met to consider the application for a preliminary plat for the subdivision of 19.86 acres into seven lots: two residential lots, two city parkland lots, and three open space stormwater lots, and streets and rights of way. No members of the 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 paged filed under June 22, 2020: https://www.bozeman.net/services/city-tv-and-streaming-audio 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. 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 24 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 13 of 20 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. 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 25 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 14 of 20 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. 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 26 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 15 of 20 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. 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 27 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 16 of 20 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. 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. DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 28 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 17 of 20 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. 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 June 22, 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, Sanderson Stewart, 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 June 22, 2020 and no members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 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 DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 29 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 18 of 20 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 15th day of September, 2020 BOZEMAN CITY COMMISSION ____________________________ CYNTHIA L. ANDRUS Mayor ATTEST _______________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 30 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 19 of 20 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 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 DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 31 20027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 20 of 20 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. Three public comments have were received on this application as of the writing of this report. No members of the public spoke at the City Commission public hearing. 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. 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: Available through the Laserfiche archive linked agenda materials DocuSign Envelope ID: 9357B342-6E33-4088-8428-18D9159A6545 32