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Home My WebLink About21158 Staff ReportPark View Crossing Major Subdivision Preliminary Plat; 21158 Page 1 of 44 Bozeman City Commission Findings of Fact and Order for the Park View Crossing Major Subdivision Preliminary Plat; Project No. 21158 Public Hearing Date: City Commission, February 15, 2022 at 6:00 PM via Webex Project Description: This is a major subdivision application seeking to subdivide the 7-acre Lot 4 of Minor Subdivision 400 into 47 lots, including 44 residential townhouse lots. Project Legal Description: Lot 4 of Minor Subdivision 400 located in the NE ¼ of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: This property is not addressed. It is located on Vaquero Parkway north of W. Oak Street, west of Davis Lane, east of N. Ferguson Avenue, and south of Baxter Lane. Development Review Committee (DRC) Recommendation: On November 19, 2021, the DRC determined that the application conformed to Bozeman Municipal Code (BMC) standards and was sufficient for approval with staff-recommended conditions and code provisions. Community Development Board (CDB) Recommendation: On December 20, 2021, the Community Development Board, serving as the City’s Planning Board, reviewed and considered the application materials, public comment, and all the information presented and, by a vote of 6 to 1, recommended approval of the Park View Crossing Preliminary Plat major subdivision with the conditions recommended by staff and all applicable code provisions. This recommendation did not include support of the Applicant’s requested subdivision variance to waive installation of a sidewalk along the west side of Stokes Lane. The Applicant withdrew this variance request on December 23, 2021 and it is not referenced herein. https://weblink.bozeman.net/WebLink/DocView.aspx?id=258464&dbid=0&repo=BOZEMAN Parks Plan Status: The required parkland contribution for this subdivision is still under discussion by the Applicant, the Bozeman Recreation and Parks Department and the Gallatin County Parks Department. Condition of Approval No. 2 requires the parkland plan to be approved by the Bozeman Recreation and Parks Department and submitted with the final Plat application. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 2 of 44 City Commission Decision: On January 25, 2022, having reviewed and considered the application materials, public comment, and all the information presented, the City Commission, by a vote of 5 to 0, adopted the findings presented in the staff report for application 21158 and approved the Park View Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Commission Recommended Motion for this Finding of Fact and Order: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in Section 7 of this staff report for application 21158 and move to authorize the Mayor to sign the Findings of Fact and Order on behalf of the City Commission, approving the Park View Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Report Date: February 2, 2022 Staff Contact: Susana Montana, Senior Planner, Development Review Division, Community Development Department Karl Johnson, Project Engineer, Engineering Department Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues Unresolved issues at this Preliminary Plat stage are related to parklands contributions and stormwater/water quality management issues which must be resolved prior to submittal of the final plat application. The final plat must satisfy all of the recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC) code provisions noted on pages 10 through 21 of this report. Project Summary This report is based on: (1) the September 24, 2021 revised plat maps; (2) the November 19, 2021 revised application documents; (3) the November 19, 2021 Development Review Committee recommendation for conditions and code provisions; (4) the December 20, 2021 Community Development Board recommendation; (5) the Applicant’s December 23, 2021 withdrawal of a sidewalk variance request; (6) the December 27, 2021 staff report to the City Commission which evaluated the application’s code compliance; (7) public comment received to date; (8) staff recommendations of conditions of approval and code provisions; (9) all information provided to the City Commission at their January 25, 2022 public hearing on this application; and (10) staff evaluation of the Montana Code Annotated (MCA) subdivision Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 3 of 44 statutes and relevant Bozeman Municipal Code (BMC) subdivision statutes described in this report. Application. The property owner/Applicant made application to develop the vacant property on the west side of Vaquero Parkway, south of Baxter Lane, north of W. Oak Street, west of Davis Lane and east of the Gallatin County Regional Park. The application proposes the subdivision of 7-acres into 47 lots: 44 residential lots consisting of nine fourplex lots, two triplex lots and one duplex lot; one common area stormwater facility lot; two common open space (mid-block crossing) lots; and associated streets and rights of way. Off-site improvements by the Applicant include a shared-use pathway along the west side of Vaquero Parkway along the subdivision’s frontage as partial fulfillment of his parkland contributions. The two mid-block crossing open space lots would be publicly-accessible and owned and maintained by the Homeowners Association (HOA). The stormwater pond lot would be owned and maintained by the HOA. The subject property was annexed to the City in 2000 and is zoned R-3, Medium-density Residential District. The property is currently vacant and includes limited natural features. Montana subdivision law requires Applicants to provide information about wildlife and habitat that may be affected by the subdivision. A small section of the Spring Ditch irrigation facility is located near the northern property boundary and encroaches into the northern portion of the subdivision’s stormwater easement. The Spring Ditch agricultural water facility would continue to flow and the existing irrigation easement located completely within the adjacent Gallatin County Regional Park would not be abandoned or altered with this subdivision. A neighbor of the proposed subdivision commented that a flock of partridges are frequently seen wandering about the Site and the adjacent 97-acre Gallatin County Regional Park. She asked if the Applicant conducted an environmental impact study to determine the effect of the development on these avian neighbors. The Applicant provided information regarding wildlife on the Site (see page 25 of this report). In response to this public inquiry, staff researched the Montana Natural Heritage Species of Concern and Potential Species of Concern lists and found that the partridge species of bird is not a Species of Concern and, therefore, is not subject to mitigation should their habitat be altered or removed. Due to the State Legislature’s passing of HB 259, MCA Section 76-3-514 prohibits the requirement for a subdivision to provide affordable housing per BMC Section 38.380 and this subdivision does not provide such affordable housing. However, the subdivision provides a mix of residential lot sizes and configurations which offer a mix of townhouse sizes and, one would expect, prices. All lots are in compliance with the R-3 zoning. Eighteen of the lots are sized to accommodate the addition of an Accessory Dwelling Unit (ADU). The subdivision is proposed for on- and off-site private and public infrastructure and utility construction in a single phase. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 4 of 44 Prior to issuance of a building permit for an individual lot, completion of required on- and off- site infrastructure and utilities for the subdivision is required, as is payment of impact fees and sketch plan review of proposed structures on the lot. Neighborhood centers are required for subdivisions of 10-acres or more per 38.410.020. This subdivision is 7-acres and, therefore, exempt from this requirement. However, the County Regional Park abuts the subdivision along its western frontage. The subdivision’s 44 homes would require 1.31-acres of parkland per BMC 38.420.020.A. The Applicant proposes to meet this requirement by providing both cash-in-lieu (CIL) and parkland-related improvements-in lieu of parkland within the subdivision, due to the proximity of the Site to the 97-acre Regional Park. One of the improvements would be the installation of a 10-foot wide, paved, shared use path along the subdivision’s eastern frontage within the Vaquero Parkway right-of-way (ROW). The Recreation and Parks Department continues to work with the Applicant to enable him to satisfy this requirement; please see Condition of Approval No. 2. The Community Development Board, acting as the Planning Board, held a public hearing on the application on December 20, 2021. The Planning Board is the advisory body to the City Commission on this subdivision application. The Board, by a vote of 6 to 1, recommended approval of the project with the conditions and code provisions outlined in this staff report. One public comment expressing concern about increased traffic and parking congestion on Vaquero Parkway was received during the Board public comment period. The Community Development Board/Planning Board proceedings may be viewed here under the date December 20, 2021: https://www.bozeman.net/services/city-tv-and-streaming-audio Pursuant to BMC 38.240.130A.5.a.(4), Preliminary Plat, 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 November 19, 2021. The City Commission was required to approve, conditionally approve or deny the subdivision application by January 19, 2022, unless there is a written extension from the developer, not to exceed one year. The City Commission hearing to consider this preliminary plat was scheduled for January11, 2022. The Applicant provided a written request to postpone the hearing until the January 25, 2022 City Commission hearing. This was granted by the City Commission on January 11, 2022 and the application was re-scheduled for their January 25, 2022 hearing. The January 25, 2022 hearing was held in the City Commission chambers, 121 N Rouse Avenue at 6 pm as well as on Webex. No member of the public spoke at the hearing. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, previous public comment, and all the information presented, they made individual findings and voted 3 to 0 to approve the motion to approve Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 5 of 44 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 for this preliminary plat application may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date January 25, 2022: https://www.bozeman.net/services/city-tv-and-streaming-audio Alternatives 1. Approval of the Findings of Fact and Order as drafted; 2. Approval of the Findings of Fact and Order with modifications; or 3. As determined by the City Commission. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 6 of 44 TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................................................... 2 Unresolved Issues .......................................................................................................................... 2 Project Summary ........................................................................................................................... 2 Alternatives .................................................................................................................................... 5 SECTION 1 - MAP SERIES................................................................................................................................... 7 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 ............................................................. 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS ....................................................................................... 21 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROCEDURES…………… .37 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 39 APPENDIX B – NOTICING AND PUBLIC COMMENT .......................................................... 42 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF .................................. 42 ATTACHMENTS ......................................................................................................................... 43 Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 7 of 44 SECTION 1 - MAP SERIES Figure 1. Zoning classification: R-3, Medium-density Residential District Site shown in white circle Figure 2. Vicinity Map; subdivision Site noted in the white circle Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 8 of 44 Figure 3. Proposed Preliminary Plat (9/24/21 plat revision) Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 9 of 44 Figure 4: Graphic image of the proposed subdivision Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 10 of 44 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to the required code provisions identified in this report. The conditions are specific to the preliminary plat application. The City Commission considered the impacts as identified in the staff analysis and application materials and finds that the conditions of approval are deemed reasonably-related and roughly-proportionate to the development of this subdivision. 1. BMC 38.400.110. Transportation Pathways. Concurrent with the Applicant’s construction of the west side of Vaquero Parkway along the subdivision’s frontage, the Applicant shall install a paved ten-foot wide “shared-use path” along the east side of the subdivision within the Vaquero Parkway right-of-way (ROW). The shared-use path shall meet City standards. The Applicant is advised that the City of Bozeman will accept responsibility for the maintenance of this shared-use path within the Vaquero Parkway ROW once the path has been installed, inspected and accepted by the City. Details of this shared-use path shall be submitted with the final plat application. 2. BMC 38.420.020 and 080, Parkland Mitigation. a. Park improvements or parkland improvements-in-lieu required by 38.420.020 and 080 and the Bozeman Parks, Recreation, Open Space and Trails (PROST) Plan must be approved by the Park and Recreation Department (PARKS) prior to final plat approval or an improvements agreement for such shall be executed. Applicants may not financially guarantee the requirements per 38.420.080.A.1 and 2. b. The shared-use path along the Vaquero Parkway west side ROW may extend further north and south of the subdivision frontage as part of the Applicant’s parkland cash-in-lieu and parkland improvements-in-lieu negotiated with PARKS, pursuant to BMC 38.420.020. Final details of the Applicant’s parkland cash-in-lieu and parkland improvements-in-lieu commitments must be provided with the final plat application submittal. c. Documentation of compliance with the parkland dedication requirements of Section 38.420 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 (1) the parkland requirements of the subdivision; (2) the methods for satisfying this requirement ( e.g. cash- in-lieu (CIL) or improvements-in-lieu); (3) how much parkland credit was allocated for each lot within each phase; (4) all areas within the subdivision qualifying for exemption from parkland requirements (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities); and (5) the total area of each above category. The table and its contents must be approved by PARKS. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 11 of 44 d. Where CIL has been accepted in-lieu of parkland, the amount of the cash donation must be paid prior to final plat approval and must be stated on the final plat sheet. 3. 38.400.080.B. Sidewalks adjacent to public lands. The sidewalk along the west side of Stokes Lane shall be built to City standards as part of the subdivision public improvements. The applicable City standard sidewalk on the west side of Stokes Lane must be shown on the plat sheets at final plat application submittal and must be shown on infrastructure plans prior to infrastructure approval. 4. BMC 38.240.130.A.5.e (1) (a), Compliance with survey requirements. The proposed perimeter lines of the subdivision do not match the most recent plat for the subdivision (Minor Subdivision No. 400, Lot 4). However, a recent Subdivision Exemption Application, No. 20312, proposes a land swap to adjust these lot lines. That lot line adjustment consists of relocating the common boundary between the two lots allowing the County to have more area at the northern access point from Baxter Lane, and Lot 4 (this subdivision land area) to have a more aligned tie-in/approach with the newly constructed intersection of Vaquero Parkway & Tschache Lane. That revised plat, per Application 20312, must be recorded prior to final plat approval. A digital copy of the recorded plat must accompany the final plat submittal. 5. Public Infrastructure Payback Obligations. Prior to final plat approval, the Applicant shall pay the appropriate “pay back” cost for the N. 19th and Baxter Intersection Payback District traffic signal improvements. The subject property lies within this District and the owner did not participate in the original cost of construction of improvements and, therefore, the current owner will be assessed a payback charge which must be paid prior to final plat approval. The Applicant must contact the City Engineering Department (kajohnson@bozeman.net) for a determination of the payback amount. 6. City of Bozeman Resolution 5076, Policy 1 - 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) on City standard form for the following: a. Street improvements to N Ferguson Avenue between W Oak Street and Kimberwicke Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Davis Lane between Baxter Lane and Kimberwicke Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Vaquero Parkway and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Caspian Avenue and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Tschache Lane and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 12 of 44 f. Intersection improvements at Flanders Mill Road and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by 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 recorded SID waiver prior to final plat 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. 1. BMC 38.100.080.A. Compliance with regulations required. 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. BMC 38.220.040.A.3. Easements. All easements, existing and proposed, must be accurately described, dimensioned and shown on each subdivision block of the final plat in their true and correct location on the final plat application. Public utilities must be located within dedicated street right of ways. Utility easements must be provided and granted with the final plat in accordance with public and private design standards. 3. BMC 38.220.070. Final Plat notations. Among others, the final plat must contain the following notation on the Conditions of Approval sheet: a. All public stormwater facilities not on property dedicated to the City of Bozeman shall be located within public stormwater drainage easements that provide for storm water facility maintenance responsibility by the Home Owners’ Association (HOA) and which is so noted in the HOA Conditions, Covenants and Restrictions (CC&R) document. b. Due to known high groundwater conditions in the area, no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data to the City Engineering Department prior to the release of any building permit for the development. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged on streets, such as into the curb and gutters, where they may create a safety hazard for pedestrians and vehicles. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 13 of 44 c. In order to disclose to future purchasers their obligations regarding open space established in the Municipal Code, the following language shall be included on the Conditions of Approval Sheet of the final plat: “Ownership of Common Open Space, trails and the common area stormwater management facility, and responsibility for maintenance thereof and for maintenance of the alley or other City assessments levied on these common lands shall be that of the Home Owners’ Association (HOA). Maintenance responsibility shall include, in addition to the common open space, trails and the private alley, snow removal for those assets and irrigation of all vegetative ground cover, boulevard trees and maintenance of irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common areas, exclusive of the Lot CA-1 stormwater drainage facility, are for the use and enjoyment by residents of the development and the general public. The common area Lot CA-1 shall be used by this subdivision for stormwater management and shall be owned and maintained by the HOA. The HOA shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common areas inclusive of open space lots, trails, Lot CA-1 and the private alley. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common areas to the HOA created by the subdivider to maintain all common areas within the Park View Crossing Major Subdivision.” d. Approval by any design review entity established in the HOA CC&Rs does not bind the City of Bozeman to approve any construction plan. e. All open space, trails and public access areas shall be owned and maintained by the Home Owners’ Association (HOA). f. Lots 3D, 4A, 7D and 8A within Block 2 of the Park View Crossing Major Subdivision are subject to a ten-foot building setback from the side property lines abutting the Open Space Lots OS-1 and OS-2. It is the obligation of the lot owner to be fully informed as to this additional standard before beginning any home or site design process. g. The alley shall be a public right-of-way that is maintained by the HOA. h. No landscaping, such as trees or woody shrubs, beyond ground cover or fencing shall be installed within a utility or access easement, per BMC 38.410.060. 4. 38.220.050.8. Noxious Weed Control. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the County Weed Control District (District) in accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). Prior to final plat approval, the developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be recorded with the County Clerk and Recorder prior to final plat approval. This plan must ensure the control of noxious weeds upon final plat approval and the revegetation of any land disturbed during the construction Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 14 of 44 of subdivision improvements. The subdivision’s HOA, via the CC&R document, shall insure that the plan is implemented and enforced in perpetuity. 5. BMC 38.220.060.A.10.a. Water rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. Prior to final plat approval, the Applicant must satisfy Section 38.410.130 and provide documentation of all water rights pertaining to the proposed subdivision; e.g. previous estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc.. 6. BMC 38.600.120. Floodplain disclosure. The current plans are unclear as to whether the proposed stormwater facility will encroach into the mapped floodplain. If encroachment is proposed, the Applicant shall provide an analysis of the impacts of the provided fill with the formal infrastructure submittal. Per 38.600.120, the base flood elevation may not be increased by more than 0.50 ft. Any fill encroachment must be designed to prevent erosion from the 100-year event. This condition must be addressed in the final plat application submittal and approved by the City Engineer prior to final plat approval. 7. BMC 38.220.070. Final Plat. a. The Applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions herein have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. b. The final plat must conform to all requirements of the Bozeman Municipal Code (BMC) and the State of Montana Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (ARM 24.183.1101, 24.183.1104 and 27.183.1107) and shall be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, including a platting certificate, and all required and corrected certificates. 8. BMC 38.220.070.A.7. Final Plat documents. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the Home Owners’ Association (HOA) of open space lots OS-1 and OS-2, the stormwater drainage common area Lot CA-1, and the stub-out trail connecting the open space Lots OS-1 and OS-2 across Stokes Lane to the County Regional Park property line to the west. These assets shall be conveyed to the HOA and all its right, title, and interest in any improvements made to such open space, trail or drainage lot. For the transfer of real property, the subdivider or owner of the property shall submit with the application for the final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the HOA and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the HOA, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 15 of 44 9. BMC 38.220.070. Final Plat. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of two (2) Mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized Mylar sheet in the plat set. 10. BMC 38.220.300 & 310. The Home Owners’ Association (HOA) documents must be finalized and recorded with the final plat. The HOA documents must include the requirements of Section 38.220.300 and 320. 11. BMC 38.220.320. Covenants. a. A Draft Conditions, Covenants & Restrictions (CC&Rs) document must be submitted with initial final plat submittal to be reviewed and approved by the City and, when approved, recorded with the County Clerk and Recorder. b. In order to disclose to future purchasers their obligations regarding open space established in the Municipal Code, the following language shall be included in the CC&R document: “Ownership of Common Open Space, trails and the common area stormwater management facility, and responsibility for maintenance thereof and for maintenance of the alley or other City assessments levied on these common lands shall be that of the Home Owners’ Association (HOA). Maintenance responsibility shall include, in addition to the common open space, trails and the private alley, snow removal for those assets and irrigation of all vegetative ground cover, boulevard trees and maintenance of irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common areas, exclusive of the Lot CA-1 stormwater drainage facility, are for the use and enjoyment by residents of the development and the general public. The common area Lot CA-1 shall be used by this subdivision for stormwater management and shall be owned and maintained by the HOA. The HOA shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common areas inclusive of open space lots, trails, Lot CA-1 and the private alley. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common areas to the HOA created by the subdivider to maintain all common areas within the Park View Crossing Major Subdivision.” 12. BMC 38.220.320. Covenants. A notice prepared by the City shall be recorded concurrently with the final plat so that it will appear on title reports. This note shall read substantially as follows: “Lots 3D, 4A, 7D and 8A within Block 2 of the Park View Crossing Major Subdivision are subject to a ten-foot building setback from the side property lines abutting the Open Space Lots OS-1 and OS-2. It is the obligation of the lot owner to be fully informed as to this additional standard before beginning any home or site design process. Approval by any design review entity established in the HOA CC&Rs does not bind the City of Bozeman to approve any construction plan.” Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 16 of 44 13. BMC 38.220.320. Covenants. Conditions, Covenants, Restrictions (CC&Rs), and articles of incorporation for the creation of a home owners’ association and the CC&R document shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: (1) the orientation and setbacks for corner lots, (2) all additional setbacks required when lots are adjacent to pathway corridors, such as Lots OS-1 and OS-2, (3) provisions for fences, (4) provisions for snow removal, maintenance and upkeep of the alley ROW, all common areas, public trails and storm water runoff facilities, (5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision related to placement of landscaping and boulevard trees within the ROW at a regular spacing for each residential lot, (6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all common open space, trails, etc., (7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., (8) mitigation of groundwater with established floor elevations, (9) noxious weed control, and (10) assessment of existing and future Special Improvement Districts, if applicable. These documents shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the final plat to be recorded with the Gallatin County Clerk and Recorder at the time of final plat recordation. 14. BMC 38.240.150.A.3. Review of Covenants. Deeds and Realty transfer certificates must be provided for transfer of any platted public travelway or tract to the City or other entity in association with filing of the final plat. It is noted that the alley that bisects the subdivision shall be a public right-of-way (ROW) that would be maintained by the HOA. 15. 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. a. 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 home owners' association (HOA), 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 HOA. b. For the transfer of personal property installed upon City-owned rights-of-way (ROW) or HOA-owned parkland improvements or open space, the subdivider must provide the City with 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 HOA. c. 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 HOA as applicable. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 17 of 44 d. 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 HOA, along with all required State Department of Natural Resources and Conservation documentation, certification and authorization. 16. BMC 38.240.410. Dedication of Lands to the City of Bozeman. Stokes Lane and the extension of Tschache Lane within the subdivision shall be dedicated to the City of Bozeman. The north-south alleyway between Vaquero Parkway and Stokes Lane shall be a privately- maintained alley located within a public right-of-way (ROW) dedicated to the City. Prior to final plat approval, the certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility and shall reflect all such dedications and applicable private maintenance agreements. 17. BMC 38.240.420. Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 18. BMC 38.240.430 and BMC 38.420.030.D. Cash donation in-lieu of parkland. Where a cash donation or combination of cash and improvement donation has been accepted in-lieu of on-site parkland by the City, the amount of the cash donation must be stated on the final plat. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: “Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of the Park View Crossing Subdivision would be undesirable for park and playground purposes, it is hereby ordered by the City Commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, and improvements-in-lieu with an estimated value of $___________ , be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _______ day of _______, 20____. _______________________ Signature City of Bozeman Director of Parks and Recreation” 19. BMC 38.240.450 Improvements. This code requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 20. BMC 38.240.450 and 38.240.520. Certificate of Completion of Improvements. The Applicant is advised where non-public and/or public improvements are to be installed prior to final plat approval, the final plat of the subdivision must contain a Certificate of Completion for these improvements. Prior to final plat approval, Sheet One certificates must list all completed and accepted improvements, as applicable. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 18 of 44 21. BMC 38.240.510. Conditions of approval notifications and certifications. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section of the BMC. 22. BMC 38.240.520 Certificate of completion of non-public Improvements. This code requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 23. BMC 38.240.530. Completion of water-related improvements. 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. This certificate must be provided on the final plat. 24. BMC 38.270.030. Completion of improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is to be filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 25. BMC 38.270.030. Completion of improvements. The Applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The Applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of Mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 26. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If a Subdivision Lighting Improvement District (SLID) is utilized for the lighting the Subdivision, the SLID 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 SLID has been approved by the City Commission. 27. 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 Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 19 of 44 will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation or prior development. 28. BMC 38.400.110.B.1, Transportation pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development as part of the required development improvements. Transportation pathways must meet Americans with Disabilities Act (ADA) accessibility standards and include the following types of facilities: a. Sidewalks (also see 38.400.080.B and 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails. 29. BMC 38.410.040. Blocks. a. This subdivision includes a mid-block pedestrian crossing in-lieu of a street in order to meet the Block length and width standards of 38.410.040.B and C. This mid-block crossing is represented by the open space Lots OS-1 and OS-2. These lots must be delineated at their corner pins in accordance with 38.410.040 to distinguish them from the abutting private lots. b. With the final plat submittal, the Applicant shall provide design sections for the mid-block pedestrian crossing Lots OS-1 and OS-2 as well as for the stub-out trail along that alignment on the west side of Stokes Lane. These lots require 1 tree for every 50 feet per 38.550.050.D. 30. BMC 38.410.060.A. Easements. The final plat must provide all necessary utility and public access easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. All written easements indicated below must be provided on City standard easements templates. Drafts must be prepared for review and approval by the City with the final plat submittal. Signed hard copies of the easements must be submitted to the City Engineering Department. Recorded easement numbers must be provided on the final plat prior to final plat approval. The Applicant may contact the review engineer to receive the standard templates. a. The Applicant must provide a ten foot wide utility easement (power, gas, communication, etc.) along the development’s property frontage in accordance with the Bozeman Municipal Code (BMC). The required 10-foot front yard utility easement required along the lots on Vaquero Parkway, Stokes Lane and Tschache Lane must be recorded prior to final plat approval. b. The Applicant must provide a stormwater drainage easement over the proposed storm water facility on Lot CA-1; Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 20 of 44 c. Prior to final plat approval, the Applicant shall record an irrevocable public access easement on the two open space Lots OS-1 and OS-2A as well as the short stub-out connection of this trail to the County Regional Park located on the west side of Stokes Lane; and d. The Applicant is advised that all dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please use the following names: Jeff Mihelich, City Manager; Mike Maas, City Clerk; Cynthia L. Andrus, Mayor. If a new member is established, the easement documents must be updated. 31. BMC 38.410.120. Mail delivery. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for a vehicle to pull out of the vehicle or pedestrian travelway to access cluster mailboxes, in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way (ROW). If cluster boxes are used a dedicated area for a vehicle to pull up and access the boxes outside of the ROW must be shown and labeled on the final plat map. 32. BMC 38.410.130. Water rights. Compliance with BMC 38.410.130, Water Rights, shall be met prior to final plat approval. The Applicant shall provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment - in-lieu of water rights, certified well logs, decrees or adjudications, etc. The Applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash-in-lieu of water rights determination. 33. BMC 38.410.080.H. Landscape amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. 34. BMC 38.550.070. Landscaping of public lands. 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 City park lots and any open space lots is required prior to final plat approval or must be financially guaranteed. 35. BMC 38.570.030. Street Lights. The Applicant shall 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. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 21 of 44 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS On November 19, 2021, the Development Review Committee (DRC) determined that the application materials were adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions. The Recreation and Parks Department continues to work with the Applicant to enable him to prepare a final parkland plan for this subdivision as described in Condition of Approval No. 2. The Community Development Board, acting as the Planning Board, held a public hearing on the application on December 20, 2021. The Planning Board is the advisory body to the City Commission on this subdivision application. The Board, by a vote of 6 to 1, recommended approval of the project with the conditions and code provisions outlined in this staff report. The public hearing date for the City Commission consideration of this preliminary plat was held on January 25, 2022 in the City Commission Chamber, 121 N Rouse Avenue at 6 PM and was also held on Webex. 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 3 to 0 to approve the motion to approve the application (Mayor Andrus and Commissioner Coburn were absent). 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 January 25, 2022: 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, State and 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 following analysis is a summary of the completed review. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 22 of 44 Applicable Subdivision Review Criteria for City Advisory Board and City Commission Action on a Preliminary Plat per Bozeman Municipal Code (BMC) Sections 38.240.150.A.2. In considering applications for preliminary plat subdivision approval under this title, the City Commission shall consider the following review criteria. 1. BMC 38.240.150.A.2 and Montana Codes Annotated (MCA) Section 76-3-615, Public comments or documents presented at or prior to the City Commission’s consideration of a plat constitutes new information. Staff Evaluation: No new information has been presented to the City Commission prior to their January 25, 2022 decision. At that hearing, the staff report, staff presentation, and Applicant representative presentation was entered into the record. In the staff report, public comment received to date was described as follows: 2. BMC 38.240.150.B. The basis for the City Commission's decision to approve, conditionally approve or deny the subdivision must be whether the subdivision application, public hearing if required, planning advisory boards and agencies advice and recommendation and additional information demonstrates that development of the subdivision complies with the Bozeman Municipal Code (BMC), the City's growth policy as described in the Bozeman Community Plan, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. Staff Evaluation: The Preliminary Plat meets these criteria as noted below on pages 24 to 36. 3. BMC 38.240.050.B.2. Consider written comments from appropriate public agencies, utilities or other members of the public. Staff Evaluation: a. The Development Review Committee (DRC) reviewed this application and deemed it adequate for further review and public notice on November 19, 2021. b. The Community Development Board, acting as the Planning Board, reviewed this application on December 20, 2021 and, by a vote of 6 to 1, recommended approval of the preliminary plat with staff-recommended conditions and code provisions. The Board’s recommendation did not include support of the Applicant’s sidewalk variance request. Subsequent to the Board’s recommendation, on December 23, 2021, the Applicant withdrew in writing his sidewalk variance request. It is noted that Condition of Approval No. 3 for this Preliminary Plat requires a code-complying sidewalk along the west side of the new Stokes Lane. c. Public Comment. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 23 of 44 (1) During the December 20, 2021 Community Development Board meeting, a neighbor of the proposed subdivision called in to comment on the application and described his concern with increased traffic and parking congestion along Vaquero Parkway due to the proposed development. (2) A December 21, 2021 Bozeman Daily Chronicle newspaper article about the December 20, 2021 Community Development Board meeting alerted a neighbor of the proposed subdivision and this neighbor called the Community Development Department to express her concern with potential loss of habitat for a local flock of Partridge birds who frequent the Site and neighboring park. The application material for this project noted that there are not Species of Concern located on or near the Site. Staff reviewed the Montana Natural Heritage Program website listing of Species of Concern and found that Partridge birds are not a Species of Concern and, therefore, the loss of 7-acres of habitat does not need to be mitigated. Furthermore, several site visits by staff after the neighbor’s alerting to the presence of these birds, did not reveal the birds on the Site. It is noted that these visits took place in winter and the snow on the ground made it easy to see a brownish bird. Only Macaw birds have been observed on the Site. 4. BMC 38.240.150.B.3. The City Commission shall consider the following: (a.) Relevant evidence relating to the public health, safety and welfare; (b.) Other regulations, code provisions or policies in effect in the area of the proposed subdivision; (c.) The recommendation of the advisory bodies; (d.) Any relevant public comment; and (e.) Individual phases, existing conditions, and changed circumstances for any phase reviewed under 76-3-617 MCA. Staff Evaluation: (a) Please see code evaluations noted on pages 22 through 36. (b) Please see code evaluations noted on pages 22 through 36. (c) Please see the recommendations noted on pages 1 and 2; (d) Please see the public comments noted above; (e) The subdivision infrastructure and utilities would be built in a single phase. 4. BMC 38.240.170, Certification that water and waste services are to be provided. Staff Evaluation: Per the Engineering Report for this subdivision, water and wastewater improvements would be designed to meet City standards and, with the recommended conditions of approval and code provisions, this subdivision would not significantly burden City water or sanitary sewer infrastructure. 5. BMC 38.240.150.B, Features, including well isolation zones, do not encroach onto private property. Staff Evaluation: Please see the Surface Water discussion below. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 24 of 44 38.240.150. D, Finding of Fact. Federal or state governmental entity input. If a federal, BMC or state governmental entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the comment or opinion may be included in the governing body's written statement under this section only if the comment or opinion provides scientific information or a published study that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the subdivision application must disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection. Staff Evaluation: No such comment was received for this application. BMC 38.220.060, Documentation of Compliance with State and Local Adopted Standards. BMC 38.220.060 A. Staff offers the following summary comments on the information required with BMC 38.220.060. 38.220.060. A.1. Surface Water. A small section of the Spring Ditch is located near the northern property boundary and encroaches into the northern portion of the subdivision’s stormwater easement. The original source of the Spring Ditch was believed to be from a natural spring located south of what is now the County Regional Park. Currently the water is collected underground (reportedly via a French drain system under Oak Street) and discharged to a pipe located in the bottom of the man-made Spring Ditch channel. The channel then flows north and crosses Baxter Lane. An existing irrigation easement (Doc. #2081799) is also located within the Regional Park. The existing wetlands located along Spring Ditch are shown on Sheets 1 and 2 of the Preliminary Plat as a wetlands boundary. The Spring Ditch or any associated wetlands would not be altered in any way with the construction of this development. 38.220.060. A.2 Floodplains. The portion of the Spring Ditch 100-year floodplain is located within the Common Area Lot 1 (Lot CA-1) for the stormwater detention pond within of this subdivision. Code Provision No. 6 would require the pond to be designed and built to assure that it would not erode during a 100-year flood event. 38.220.060. A.3. Groundwater. Groundwater is known to be high in this area. The Applicant provided GWIC monitoring wells to establish seasonal minimum and maximum groundwater depths. Code Provision No. 3b prohibits lot owners from building basements and crawl spaces due to high groundwater unless a certified engineer assures the City that no damage to structures would occur. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 25 of 44 38.220.060. A.4. Geology, Soils and Slopes. Geology and soils will likely be similar to those encountered during the construction of Phases 4G & 4H of the Crossing 2 at Baxter Meadows subdivision to the east of the Site. There are no known geologic hazards associated with this property other than the regional designation of Seismic Zone 3. Conformance to relevant building codes can mitigate this degree of potential hazard. No unusual construction techniques are required due to geology, slopes, or soil types other than appropriate seismic design standards common throughout the Gallatin Valley. Significant slopes are not anticipated. The NRCS soils report was included with this preliminary plat submittal. Wetlands near Spring Ditch have been delineated and its lines are shown on the Preliminary Plat and would be shown on the final plat. 38.220.060. A.5. Vegetation. The property has been vacant for several years and has not been used agriculturally in the recent past. The property is adjacent to the Gallatin County Regional Park to the west, the Bozeman Fire Station No. 3 to the south, and residential development on all other sides. No known critical plant communities have been located on the property. After development, the majority of vegetation will be lawn, shrubs, and boulevard trees typical of residential subdivisions. Per Code Provision No. 4, an approved weed management plan must be provided with the final plat submittal and recorded prior to approval of the final plat and the subdivision CC&R document must clarify that the HOA is responsible for implementing and enforcing the weed management plan. 38.220.060. A.6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property. Habitat most suitable for wildlife includes the area around the Spring Ditch that will not be developed. 38.220.060. A.7. Agriculture. Due to development in the area, no agricultural practices have been performed on the property for several years. 38.220.060. A.8 Agricultural Water User Facilities. The Spring Ditch agricultural facility will continue to flow and the existing irrigation easement located completely within the County Regional Park would not be abandoned or altered with this project. 38.220.060. A.9. Water and Sewer. Per the Engineering Report for this subdivision, water and wastewater improvements would be designed to meet City standards and, with the recommended conditions of approval and code provisions, this subdivision would not significantly burden City water or sanitary sewer infrastructure. 38.220.060. A.10. Stormwater Management. The subdivision would not significantly impact stormwater infrastructure. The stormwater systems would be designed to meet City standards and would be maintained by the Park View Crossing HOA [see Conditions of Approval No. 8 and 7 (k)]. 38.220.060. A.11. Streets, Roads and Alleys. The subdivision would not significantly impact the City’s street infrastructure. A single “loop” road called Stokes Lane would serve Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 26 of 44 the subdivision accessed from Vaquero Parkway and an extension of Tschache Lane into the subdivision from the intersection with Vaquero Parkway. The new Stokes Lane loop road would have the following characteristics: - 60-foot right-of-way - 33 feet from back of curb to back of curb - Standard City of Bozeman curb and applicable curb returns with the exception of a sidewalk along the western side of Stokes Lane which would be substituted by an existing shared-use path/trail within the County Regional Park along this same alignment. A new privately maintained alley ROW bisects the subdivision in a north/south orientation and would have the following characteristics: - 30-foot public access easement - 16-foot paved width - Inverse crown (without curb and gutter). This subdivision is not expected to adversely affect existing public land access. Access to the public lands of the County Regional Park and Dinosaur Park currently exist on Oak Street and at the Bozeman’s Firehouse No. 3. Furthermore, the Applicant would install a paved 10-foot wide shared-use pathway on the western side of Vaquero Parkway to provide trail/park connectivity for the community. This shared-use path would connect to and through the subdivision via Open Space Lots 1 and 2 and a short stub pathway on the west side of Stokes Lane to the 97-acre Gallatin County Regional Park property line. 38.220.060. A.12. Non-Municipal Utilities. This subdivision would not significantly impact non-municipal utilities. Standard 10-ft utility easements would be provided across all lots. All private utilities are available in the area to serve this subdivision. 38.220.060. A.13. Land Use. This subdivision is consistent with residential land uses allowed by the underlying R-3, Medium-density Residential zoning; specifically, the development of duplex, triplex and fourplex dwelling units are principal permitted uses within the R-3 district. The R-3 district requires a minimum density of 5 dwelling units per net -acre. The net -acreage of this 7-acre property excludes 2.93-acres of unbuildable lands of streets, open space lots and the stormwater common area lot. This 4.07 net-acre, 44- residential lot subdivision would more than double the minimum required density of 20 dwelling units. The townhome lots are allowed at 3,000 square feet (sf) per dwelling unit lot and the duplex lot is allowed at 2,500 sf per lot. The 4.07-net-acre, 44 dwelling unit subdivision provides 74 percent of the maximum density allowed in the R-3 zone for townhome dwelling units. The maximum density for this 4.07-acre subdivision would be 59 townhomes or 71 duplex dwelling units, depending on what type of residential structure is built. The proposed residential use would not adversely affect adjacent land uses in the area. Existing land uses bordering the east and north sides of the Park View Crossing property are residential, predominantly single-household detached dwelling units with some apartment buildings. The properties bordering the south and west are part of a Gallatin County Regional Park and are in public use, including a Fire Department Station and trail heads for the park. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 27 of 44 The subdivision must provide a sidewalk and two open space lots which link Vaquero Parkway ROW to a new shared-use path/trail within the County Regional Park to the west. Two Open Space Lots, OS-1 and OS-2, serve as mid-block crossings for pedestrian and bicyclist and equate to 0.05-acres or 0.71% of the total area. One 0.29-acre lot serves as a Common Area Lot 1 stormwater drainage pond representing 4.14% of the land area. The streets equate to 2.59.64-acres or 37% of the total area. The residential lots total 4.07 net- acres and represent 58.14% of the 7-acre property. Access to the abutting County Regional Park would be enhanced by the development via sidewalks, the east-west mid-block open space lots extending pedestrian and bicycle access from Vaquero Parkway to the park property line. Both open space lots within the subdivision would be open to the public and easily accessible and would be landscaped and provided with trees and a minimum 5-foot wide sidewalk. No hazards or nuisances are expected to be created by the development. Safety issues related to construction activity would be effectively controlled by City standards for construction management practices. 38.220.060. A.14. Parks and Recreation Facilities. The Applicant seeks to satisfy Parkland requirements with a combination of cash-in-lieu and off-site trail corridor improvements. The Applicant requests to provide cash-in-lieu of parkland because there is a publicly-accessible 97-acre Gallatin County Regional Park abutting the subdivision to the west. The Applicant would provide a shared-use path along the subdivision’s eastern frontage, within the Vaquero Parkway ROW, as part of this parkland in-lieu requirement. The Applicant is continuing negotiations with the Parks Department to satisfy the parkland requirement of this subdivision. Per Condition of Approval No. 2, those agreements would be finalized prior to submittal of a final plat application. 38.220.060. A.15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10-acres or more per 38.410.020. This subdivision is 7-acres and, therefore, exempt from this requirement. However, the County Regional Park abuts the subdivision along its western frontage. 38.220.060. A.16. Lighting Plan. The preliminary street lighting plan is in accordance with the requirements of the BMC. Four street light fixtures are proposed with this development, each light spacing and design would meet City of Bozeman Design Standards and Specifications Policy. Per Code Provision No. 32, the Applicant is required to request the formation of a special improvement lighting district (SILD) for the district property owners, typically the HOA, to pay the costs of operation and maintenance of street light fixtures associated with this subdivision. 38.220.060. A.17. Miscellaneous. Not applicable. 38.220.060. A.18. Affordable Housing. The Applicant does not propose the inclusion of affordable housing meeting the provisions of BMC Section 38.380 and, due to the passage of Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 28 of 44 State law HB 259 by the 2021 State Legislature resulting in the provisions of MCA Section 76.3.514, the affordable housing provisions of 38.380.030 do not apply to this subdivision. Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use. 1. Compliance with the survey requirements of Part 4, Section 76-3-402 of the Montana Subdivision and Platting Act. a. 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. A Subdivision Exemption lot line adjustment with the County Regional Park lands has been approved per Project No. 20312 but has not been recorded. This lot line adjustment is a result of a “land swap” with Gallatin County to adjust access to the northern portions of the park and the stormwater pond common area lot (CA-1) of this subdivision. Per Condition of Approval No.4, the approved Subdivision Exemption lot line adjustment plat map must be recorded with the Gallatin County Clerk and Recorder prior to approval of the final plat for this subdivision. Also outlined in Code Provision No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code (BMC). A Condition of Approval sheet must be included with the final plat and updated with any additional required notations as required by these Preliminary Plat conditions or code provisions. 2. Compliance with the local subdivision regulations as provided for in Part 5 of the Montana Subdivision and Platting Act per BMC 38.240.130.A.5.e (1) Criteria, (b). The final plat must comply with the standards identified and referenced in the BMC. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Staff recommends Conditions of Approval No. 1 through 6 and Code requirements 1 through 35 to address necessary documentation and compliance with adopted standards. Therefore, upon satisfaction of all recommended conditions and applicable code corrections, the subdivision would comply with local subdivision regulations. 3. The provision of easements to and within the subdivision for the location and installation of any necessary utilities per BMC 38.410.060. Code Provision Numbers 2 and 30 require that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the final plat in accordance with public and private design standards. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 29 of 44 4. The provision of legal and physical access to each parcel within the subdivision per BMC 38.240.130.A.5.e (1) Criteria, (d). Access to the property is from Vaquero Parkway which is a City-owned and maintained road. Tschache Lane is being extended into the subdivision from Vaquero Parkway and would be a City- owned and maintained road. The new loop road, Stokes Lane, would be dedicated to the City for ownership and maintenance. An alley ROW would bisect the subdivision in a north- south orientation and would be dedicated to the City although it is required to be privately- maintained by the subdivision HOA per Code Provisions 3c and 11b. 5. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. The application was initially received on May 19, 2021 and was deemed inadequate for further review. Revised application materials were received on June 30, August 25, and November 19, 2021. The City deemed the application adequate for review on November 19, 2021. A public hearing was held by the Community Development Board on December 20, 2021 and the City Commission hearing was held on January 25, 2022 after the Applicant requested in writing a postponement from the originally-scheduled hearing for January 11, 2022. The hearings before the Community Development Board and City Commission have been properly noticed as required by the BMC. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the Community Development Board, acting as the Planning Board per 38.240.130.A.3.b, must forward a written recommendation to the City Commission who will make the final decision on the Applicant’s request, per 38.240.130.A.5.c. The staff report for the January 25, 2022 City Commission hearing presented the Community Development Board’s written recommendation to the Commission on this application. That recommendation was for conditional-approval with the staff-recommended conditions and code provisions. 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 (November 19, 2021). Pursuant to BMC 38.240.130.A.5.a.4, the City Commission shall approve, conditionally approve or deny the subdivision application by January 19, 2021 unless there is a written extension from the developer, not to exceed one year. The Applicant requested a continuance of the City Commission’s consideration of this application to the January 25, 2021 meeting due to a previously unforeseen conflict with the Commission’s scheduling of cases on that date. Public notice for this application was given as described in Appendix B beginning on December 3, 2021 and ending on December 16, 2021. As of the date of this report, there were two public comments received; both after this public notice period. They are: (1.) During the public comment period of the December 20, 2021 Community Development Board meeting, a neighbor called in to express concern with (1) potential double-parking by park visitors along Vaquero Parkway; (2) concern with increased traffic congestion on Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 30 of 44 Vaquero Parkway due to the proposed development; and (3) objection to the sidewalk variance request due to lack of “undue hardship” to the Applicant who wants to avoid the cost of installing the concrete sidewalk. The Community Development Board proceedings may be viewed here under the date December 20, 2021: https://www.bozeman.net/services/city-tv-and-streaming-audio (2.) On December 22, 2021, another neighbor of the Site called our office to express concern that the increased number of residents of the subdivision would negatively affect a flock of partridge birds whose habitat includes the Site and the neighboring park. She asked if an environmental impact study had been conducted to identify the impact to these birds and their habitat. She stated that neighbors of the area delight in seeing the flock of partridges wander about the area. Staff explained that Montana subdivision law requires Applicants to provide information about wildlife and habitat that may be affected by the subdivision and this information was provided and can be found in the Community Development Board staff report which was sent to her. In response, staff researched the Montana Natural Heritage Species of Concern and Potential Species of Concern lists and the partridge species of birds is not listed therein [Please see 38.220.060.A.6, Wildlife subsection on page 26 of this report]. On December 27, 2021, the staff report for this Park View Crossing Major Subdivision Preliminary Plat application was completed and forwarded with a recommendation for consideration by the City Commission. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Community Development Board forwarded their written recommendation via that staff report to the City Commission who made the final decision on the application on January 25, 2022. 8. Compliance with Chapter 38 of the Bozeman Municipal Code (BMC) and other relevant regulations. a. The final plat must comply with the standards identified and referenced in the BMC. The Applicant is advised in Code Provision No. 1 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. b. Sections 3 and 4 of this report identify staff-recommended conditions of approval and applicable code corrections necessary to meet all regulatory standards. It is expected that upon satisfaction of all 6 conditions of approval and 35 code provisions, the subdivision would comply with local subdivision regulations, meeting this criterion. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 31 of 44 Primary Subdivision Review Criteria, Montana Code Annotated (MCA) Section 76-3-608. Criteria for local government review. (1) The basis for the governing body's decision to approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application, preliminary plat, applicable environmental assessment, public hearing, planning board recommendations, or additional information demonstrates that development of the proposed subdivision meets the requirements of this chapter. A governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services or based solely on parcels within the subdivision having been designated as wildland-urban interface parcels under 76-13-145. Staff Comment: The proposed preliminary plat, when satisfying the 6 conditions of approval and 35 code provisions, would meet the requirements of MCA 76-3-608. It is expected that the nearby Meadowlark and Emily Dickinson Elementary Schools, the Chief Joseph Middle School and the Gallatin High School would serve students residing in the proposed subdivision with no adverse impacts to capacity. The Site is not designated a wildland-urban interface parcel. (2) The governing body shall issue written findings of fact that weigh the criteria in subsection (3), as applicable. Staff Comment: Section 7 of this report, found on pages 36 to 38, represent these Findings of Fact and Order. (3) A subdivision proposal must undergo review for the following primary criteria: (a) except when the governing body has established an exemption pursuant to subsection (6) or except as provided in 76-3-509, 76-3-609(2) or (4), or 76-3-616, the specific, documentable, and clearly defined impact on agriculture, agricultural water user facilities, local services, the natural environment, wildlife, wildlife habitat, and public health and safety, excluding any consideration of whether the proposed subdivision will result in a loss of agricultural soils; (b) compliance with: (i) the survey requirements provided for in part 4 of this chapter; (ii) the local subdivision regulations provided for in part 5 of this chapter; and (iii) the local subdivision review procedure provided for in this part; (c) the provision of easements within and to the proposed subdivision for the location and installation of any planned utilities; and (d) the provision of legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. Staff Comment: Compliance with these elements and criteria are discussed on pages 25 through 28. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 32 of 44 (4) The governing body may require the subdivider to design the proposed subdivision to reasonably minimize potentially significant adverse impacts identified through the review required under subsection (3) but may not require a set-aside of land or monetary contribution for the loss of agricultural soils. Pursuant to 76-3-620, the governing body shall issue written findings to justify the reasonable mitigation required under this subsection (4). Staff Comment: The subject property has lain fallow for several years and is no longer in agricultural use and, therefore, there are no adverse impacts to agricultural soils as a result of residential development of the Site. (5) (a) In reviewing a proposed subdivision under subsection (3) and when requiring mitigation under subsection (4), a governing body may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the impacts of a proposed development may be deemed unmitigable and will preclude approval of the subdivision. Staff Comment: The six conditions of approval placed on this preliminary plat will not restrict the owner’s development of the Site. (b) When requiring mitigation under subsection (4) and consistent with 76-3-620, a governing body shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider. Staff Comment: Under subsection 4 above, there is no loss of agricultural soils and, therefore, no mitigation required. (6) A governing body may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to 76-3-622 or public comment received pursuant to 76-3-604 on the information provided pursuant to 76-3- 622 only if the conditional approval or denial is based on existing subdivision, zoning, or other regulations that the governing body has the authority to enforce. Staff Comment: As noted on page 26, water and sanitary sewer service would be provided to the subdivision by the City of Bozeman and this service would not significantly burden City water or sanitary sewer infrastructure. (7) A governing body may not require as a condition of subdivision approval that a property owner waive a right to protest the creation of a special improvement district or a rural improvement district for capital improvement projects that does not identify the specific capital improvements for which protest is being waived. A waiver of a right to protest may not be valid for a time period longer than 20 years after the date that the final subdivision plat is filed with the county clerk and recorder. Staff Comment: The special improvement district (SID) waivers noted in Condition of Approval No. 6, found on page 11, follow City of Bozeman Resolution 5076, Policy 1 and are specifically pertinent to the development of this property and this subdivision. (8) A governing body may not approve a proposed subdivision if any of the features and improvements of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under chapter 4 or this chapter or if the well isolation zone of Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 33 of 44 any proposed well to be drilled for the proposed subdivision encroaches onto adjoining private property unless the owner of the private property authorizes the encroachment. For the purposes of this section, "well isolation zone" has the meaning provided in 76-4-102. Staff Comment: A small section of the existing Spring Ditch agricultural irrigation facility is located near the northern boundary of this subdivision and encroaches into the northern portion of the subdivision’s stormwater easement. The Spring Ditch would not be altered with the development of this subdivision [see Surface Water discussion on page 25]. (9) If a federal or state governmental entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the comment or opinion may be included in the governing body's written statement under 76-3-620 only if the comment or opinion provides scientific information or a published study that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the subdivision application shall disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection. Staff Comment: No federal or state governmental entity has commented on this subdivision proposal. (10) Findings of fact by the governing body concerning whether the development of the proposed subdivision meets the requirements of this chapter must be based on the record as a whole. The governing body's findings of fact must be sustained unless they are arbitrary, capricious, or unlawful. Staff Comment: These findings are noted in Section 7 of this report on pages 36 to 38. MCA 76.3.608(3)a. Effects on local services, the natural environment, wildlife and wildlife habitat, and public health and safety, 38.240.130.A.5.e (1) e. (3) The effect on local services. Water/Sewer – Water and sewer systems exist to serve the subdivision. The Applicant proposes to extend water and sewer mains to the subdivision. Code Provision No. 25 requires the Applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Code Provision No. 2 requires a City standard sewer easement where the sewer system is located. Building permits would not be issued prior to City acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property. The Applicant proposes to transfer to City ownership existing water rights as outlined in Code Provision No. 5. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 34 of 44 Streets – The 2020 Bozeman Community Plan/Growth Policy and subdivision standards require adequate connectivity of a development to the street grid. Access to the Site would be taken from Vaquero Parkway, a designated local street. A new Stokes Lane would provide access from Vaquero Parkway along with a westward extension of Tschache Lane into the subdivision. An internal north-south alley bisecting the subdivision would be a publicly- accessible yet privately-maintained alley as outlined in Code Provision No. 3g. BMC 38.400.080, Sidewalks adjacent to public lands. This requires a sidewalk along the western side of the new Stokes Lane as it abuts a public park. Condition of Approval No. 3 requires the final plat to show a City-standard sidewalk meeting this code provision. This BMC standard and Condition of Approval No. 1 would implement the City Community Plan/Growth Policy N-1.8 which states: “Install, replace and maintain missing or damaged sidewalks, trails and shared use paths.” Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the extension of Tschache Lane, along Stokes Lane, and provides a mid-block crossing pathway within the open space Lots OS-1 and OS-2. Not shown on Sheet 2 of the Preliminary Plat, but required by Condition of Approval No. 3, is a City-standard sidewalk along the west side of Stokes Lane, as required by the following BMC standards. Sec. 38.400.050. - Street and road right-of-way width and construction standards. A. All streets and roads providing access to, and within, the proposed development must meet the following standards: 1. Right-of-way width and construction standards contained in this chapter: the most recently adopted long range transportation plan; the City of Bozeman Design Standards and Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Stokes Lane must meet the local street section and include sidewalk, boulevard, and street trees on both sides of the street. Sec. 38.400.080.B – Sidewalks adjacent to public lands. The developer 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. Applicable sidewalks and development frontages adjacent to public lands are subject to the provisions of section 38.510.030.I. Therefore, a 6- foot wide sidewalk is required on the west side of Stokes Lane per Condition of Approval No. 3. The Community Plan/growth policy encourages development to be walkable, which is defined in the Plan’s Appendix F Glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 35 of 44 • Complete streets: Streets designed for bicyclists, pedestrians, and transit. With the complexity of features needed to create a walkable environment, no one Site is likely to provide all the needed elements. The additional density of the proposed subdivision in this area is expected to help provide for element two above--to support public transit in in the area. Looking at the private, proprietary algorithm of WalkScore.com, the Site was given a Walk Score of 21 out of 100 which denotes that the Site and area are car-dependent. It has a Transit score of 19, which denotes minimal transit service, and a Bike Score of 41, which denotes that the area is “somewhat bikeable” according to the WalkScore.com algorithms. However, this algorithm walk, transit and bike score may not know the local assets in the area and there is no contact information on the website for staff to inquire as to how recent their data is for this area, or for the City. There is a Streamline “Brown line” bus stop at Oak at the County Regional Park. There are bicycle lanes surrounding the area on Davis Lane, Oak Street, Baxter Lane and Ferguson Avenue. A north-south bike route is located one block east on Hunters Way. The 2017 Bozeman Transportation Master Plan shows a recommended $250,000 bike path improvement (SP-16) which would extend bike travel lanes or a shared use path along Tschache Lane from Davis Lane west to N. 27th Avenue linking to other north-south facilities. There would be a shared use path along Vaquero Parkway installed by the Applicant and there are nearby shared use paths along Oak Street and Ferguson Avenue. Average walk score for the City as a whole was given a 48 out of 100. Again, these values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, trails, commerce and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. There are no adopted BMC development standards relating to the walk score. A traffic impact summary was provided with the application and it found that the infrastructure that exists and is proposed for the project would adequately service the development and no upgrades were proposed for any nearby intersections. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns regarding service availability have been identified. Stormwater - The subdivision must construct storm water management and water quality facilities conforming to standards of the Bozeman Municipal Code. The maintenance of the stormwater facilities are the responsibility of the Home Owners’ Association (HOA) as outlined in Code Provisions Numbers 3a and 6. Inspection of installed facilities prior to final plat will verify that standards have been met. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 36 of 44 Parklands – The Applicant has asked to provide both cash-in-lieu and improvements-in-lieu contributions in-lieu of providing parkland within the subdivision as required by BMC 38.420. Per conversations with the City of Bozeman Parks and Recreation Department (PARKS), a 10- foot wide paved shared-use pathway would be installed by the Applicant within the Vaquero Parkway right of way (ROW), located immediately east of the platted subdivision area, and would extend from the property’s northern boundary to the southern boundary. As part of this Improvements-in-lieu agreement, the shared use path may be further installed by the Applicant from Baxter Lane to Davis Lane. This has been discussed by PARKS as the ideal location for a shared-use pathway providing connectivity and access to the County Regional Park abutting the subdivision to the west through (1) the sidewalks within the subdivision; (2) through the mid-block crossing Open Space Lots OS-1 and OS-2; (3) to a stub-out concrete pad at the park’s eastern boundary on the same plane/alignment as the OS lots. This offer would be part of a combined cash- and improvements-in-lieu to satisfy their parkland requirement for the 44 new dwelling units. As the coordination of parkland contributions is ongoing with PARKS, the shared use path surfacing and exact locations and extents of the path improvements have yet to be finalized and, per Condition of Approval No. 2, details of this path must be finalized and submitted for City review and approval with the final plat application. (4) The effect on the natural environment. No significant negative impacts to the natural environment have been identified. The stormwater pond of Lot CA-1 at the northern end of the subdivision would be designed to ensure that stormwater would not adversely affect the Spring Ditch irrigation ditch and associated flora and fauna thereon. The Site is in a potential area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Code Provision No. 3b prohibits crawl spaces or basement without first consulting a professional engineer certified in the State of Montana who would certify that groundwater would not harm these structures. This requirement will protect both future structure owners from future hazards of flooding and lessen burdens on the public from illicit discharges. BMC 38.550.070, Landscaping of public lands. This requires use of wells or surface water rights to irrigate right-of-way boulevard greens, parks and open spaces rather than municipal water supply. (5) The effect on wildlife and wildlife habitat. No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property. Habitat most suitable for wildlife includes the area around the Spring Ditch that will not be developed. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 37 of 44 (6) The effect on public health and safety. With the recommended conditions of approval and required plat corrections, the subdivision is not expected to adversely impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) 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 BMC standards with recommended conditions and code provisions. Conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code Provision No. 1 requires full compliance with all applicable State and BMC code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA) and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary from Applicant submittal materials and code requirements. It is noted that all infrastructure would meet City standards. 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 January 25, 2022 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 owner and Applicant of this preliminary plat, Campeche Shores Development Company, LLC. Is represented by Hyalite Engineering and Mr. Brett Megaard who, on behalf of the owner/applicant, 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 January 25, 2022 and no members of the public offered testimony on the proposed 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 Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 38 of 44 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 4 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 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 for this single-phase subdivision. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor ATTEST _______________________ Mike Maas City Clerk Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 39 of 44 APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 40 of 44 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Project Site Zoning. The subject property is zoned R-3, Medium-density Residential District. The property was annexed into the City in 2001 by Resolution No. 3487. Records indicating when the property was given the R-3 zoning are unclear but by 2010, the Site was zoned R-3. Figure 5: R-3 zoning for the subject property and PLI zoning for the County Park The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. R-3 PLI Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 41 of 44 Staff Findings: This subdivision is located next to a regional park. The Streamline Brown Line bus route has a stop at the regional park along W. Oak Street. The Subdivision would provide lots for duplex, triplex and fourplex townhome dwelling units offering a mix of lot sizes. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Parks and Open Space Lands” (green color on map). This is deemed a “Scribner’s error” or a mistake on our 2020 Community Plan land use map, as the property is zoned R-3, Medium-density Residential and is surrounded by lands designated the “Urban Neighborhood” land use category. The zoning designation of R- 3 District for this property confers to the owner the right to develop the land according to the uses and standards allowed by that R-3 District. The zoning surpasses the land use designation. When the Community Plan Future Land Use Map (FLUM) is next updated, this error will be corrected to reflect the correct designation of “Urban Neighborhood” for this Site. Figure 6: 2020 Community Plan Future Land Use Map of Site The Urban Neighborhood category (tan color on map) primarily includes “urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 42 of 44 and some neighborhood-serving commerce provide activity centers for community gathering and services.” “Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Staff Findings: The proposed subdivision would provide a mix of lot sizes and a mix of housing types which are consistent with the Urban Neighborhood land use category and the Community Plan/growth policy goals and objectives. In particular, the mix of lot sizes and housing types would provide the mix of housing in this generally single-household neighborhood that addresses the objective that “Large areas of any single type of housing are discouraged.” Applicant’s Narrative. The following is a description by the Applicant as to the subdivision’s compliance with applicable Community Plan policies and objectives. “The Park View Crossing Subdivision has been carefully designed in conformance with the Bozeman Community Plan 2020. As a planned residential community, it is consistent with the Plan Themes and community-derived desired outcomes; specifically: “Theme 2: A City of Unique Neighborhoods” Goal N-1: Support well-planned, walkable neighborhoods. Park View Crossing will provide residents easy access to the neighboring park, while also being centrally located within the city and having multi-modal access to public transportation. A shared use pathway will be constructed along the west side of Vaquero Parkway that will provide park connection from the northern property boundary to the southern edge of the property. Sidewalks will also be provided throughout the development. Goal N-2: Pursue Simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. The proposed subdivision will be the last of its kind in the vicinity, as it is surrounded by existing residential development on three sides and the County Regional Park on its fourth. Goal N-3: Promote a diverse supply of quality housing units. The townhomes constructed with the development will range from 4-plex to duplex units with individual lot sizes ranging from 7,600 sq. ft. to 2,800 sq. ft. This will provide residents with a variety of home choices while retaining the affordability of the individual units. Goal N-4: Continue to encourage Bozeman’s sense of place. The neighborhood will be sought after as it will provide more multifamily housing near the widely known and frequented County Park while maintaining close access to schools, off-leash facilities for dog walking, and public transportation into the city. The property is well within the City of Bozeman Limits, and planned for extension of water and wastewater infrastructure for conveyance to the City. All interior subdivision roads will be paved and include concrete curb, Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 43 of 44 gutter and sidewalks (per City of Bozeman Standard Specifications). The interior alley will be paved with an inverted crown.” Staff Findings: The proposed subdivision would provide a mix of housing types and lot sizes that would facilitate a mix of housing sizes and prices which could accommodate middle- income households and could provide smaller dwellings for “starter families” and/or “empty nest” households who could vacate older, larger homes elsewhere in the city which, in turn, could accommodate larger families. This supports the following Community Plan policies: N-1.1: “Promote housing diversity, including missing middle housing.” N-1.11: “Enable a gradual and predictable increase in density in developed areas over time.” N-3.7: “Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses.” N-3.8: “Promote the development of “Missing Middle” housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc) as one of the most critical components of affordable housing.” APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Community Development Board and City Commission public hearings. Pursuant to BMC 38.220.420, notice was provided by posting the site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail to all other owners within 200 feet on December 2, 2021. The site was posted with a notice on December 2, 2021 and a legal advertisement was published in the Bozeman Daily Chronicle on December 3rd and 17th, 2021. Content of the notice contained all elements required by Article 38.220., BMC. No written public comment has been received as of the writing of this staff report. A commenter spoke at the December 20, 2021 Community Development Board public hearing. Another commenter called the Community Development office on December 22, 2021 to express her concerns about the proposed development. The January 11, 2022 City Commission agenda contained an “action item” that requested the Commission to postpone the hearing on this application to their January 25, 2022 meeting. Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 44 of 44 APPENDIX C - OWNER INFORMATION Owner/Applicant: Campeche Shores Development Company, LLC. PO Box 3088, Galveston, TX 77552 Applicant Representative: Mr. Brett Megaard, PE, Hyalite Engineers, PLLC, 2304 N. 7th Avenue, Suite L, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner, Development Review Division, Community Development Department. Staff Engineer: Karl Johnson, PE, Engineering Department ATTACHMENTS A-1 Application Form Subdivision Plat Sheets 1 through 3 (in a single document) The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21158, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-158 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.