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HomeMy WebLinkAbout22- Findings of Fact - Eastlake Professional Center Minor Subdivision Prelim Plat21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 1 of 25 Bozeman City Commission Findings of Fact and Order for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification, 21447 Finding of Fact Public Hearing Date: City Commission, March 22, 2022 Preliminary Plat Modification Public Hearing Date: City Commission meeting was held on March 1, 2022 at 6:00 pm. Via WebEx. https://www.bozeman.net/government/city- commission/city-commission-video Project Description: A modification of an approved Eastlake Professional Center subsequent minor preliminary plat subdivision of a 7.65-acre property to create four commercially- zoned lots. Legal Description: The property is legally described as Lot 1A of the Minor Subdivision 221E. Project Location: The property is unaddressed and is located in Section 26, Township 01 South, Range 05 East, PMM, Bozeman, Montana at the southeast corner of N. 27th Avenue and E. Valley Center Road. The property is zoned B-2M, Community Business District—Mixed. Development Review Committee (DRC) Recommendation: On January 7, 2022, the DRC determined that the application conforms to Bozeman Municipal Code (BMC) standards and is sufficient for approval with staff-recommended conditions and code provisions. City Commission Decision on the Preliminary Plat Modification: On March 1, 2022, having reviewed and considered the application materials 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 21447 and approved the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification with conditions and subject to all applicable code provisions. City Commission Recommended Motion for this Finding of Fact and Order: “Having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the Findings of Fact and Order staff report for application 21447 and move to approve the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification with conditions and subject to all applicable code provisions.” Report Date: March 3, 2022 Staff Contact: Susana Montana, Senior Planner Agenda Item Type: Action (Quasi-judicial) DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 2 of 25 EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Modification application on November 29, 2021 requesting a modification to the approved Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat, dividing one 7.65 acre lot into four commercially- zoned lots. The current 7.65 acre Lot 1A of Minor Subdivision No. 221E is undeveloped land. This Preliminary Plat (PP) was conditionally-approved on August 10, 2021 by signature of the Mayor on a Findings of Fact Order after a June 8, 2021 public hearing before the City Commission to discuss the merits of the subdivision application. The modifications would allow the Applicant to request concurrent construction of infrastructure for the subdivision while constructing a building and site improvements on the new Lot 4. The modifications now sought relate to revised conditions of approval and code requirements of the previously-approved PP which reflect assurances for the proposed infrastructure improvements as well as removal of conditions that are already completed/met. Purpose of the Modification. Subsequent to the August 2021 approval of the PP, the Applicant discovered that he needed to request concurrent construction of public and private infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section 38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be completed and approved by the City before any building permit for any lot within the subdivision can be issued. The exception to this rule is when the Applicant requests concurrent construction of infrastructure improvements at the initial application for the subdivision—at preliminary plat application. The Applicant for this subdivision did not request concurrent construction or submit an Improvements Agreement request at the initial submittal of the PP. This Modification to the previously approved PP represents the proper route for submittal of the Concurrent Construction request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the Applicant to request to enter into an Improvements Agreement (IA) and financial sureties for those improvements, pursuant to 38.270.030.B.1.b.2. The PP map remains the same as was approved in August 2021. Since that time, however, some of the original conditions of approval and BMC code provisions have been met by the Applicant and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet conditions and code provisions from the August 2021 PP approval are carried forward to this PP. This Modification to the PP would add six new BMC code provisions that must be met with the Final Plat. These code provisions would allow the Applicant to submit an Improvements Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 3 of 25 ponds, landscaping in public rights-of-way and other improvements for the subdivision would be completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for any building within the subdivision, such as that of Lot 4. Importantly, it would allow the Applicant to submit building permits for the medical office building on Lot 4 and, when approved, to construct the building and site improvements concurrently with the construction of private and public infrastructure for the subdivision. The request for concurrent construction requires the addition of the following standard code provisions which are shown as Numbers 5 through 10 on pages 12 and 13 of this report. 1. BMC 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 2. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 3. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 4. BMC 38.270.030.D.10 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 5. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 6. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 4 of 25 Preliminary Plat Description and Review Process This subdivision is a subsequent minor subdivision from a previously recorded minor subdivision of a tract of record and, per 38.240.140.A.2 and MCA 76-1-107, the Planning Board delegates its review of all minor subdivisions from a tract of land of record to the Community Development Director. Therefore, the Community Development Board, acting as the Planning Board, does not review this application. Pursuant to BMC 38.200.010.A, 38.240.100 and 38.240.150.A, the City Commission must review and take action on all proposed subdivisions via either a public meeting or a public hearing. Pursuant to 38.240.130, subsequent minor preliminary plats require a public hearing before the City Commission. On January 7, 2022, the Development Review Committee (DRC) found this application adequate for public notice and review by the City Commission. Pursuant to BMC 38.240.100, the final decision for a subsequent minor subdivision preliminary plat must be made by the City Commission within 60 working days of the date it was deemed adequate or, in this case, by April 4, 2022. The City Commission public hearing on this application was held on March 1, 2022. This Finding of Fact and Order hearing is scheduled for March 22, 2022. The subdivider does not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. Alternatives 1. Approve the application with the recommended conditions and code provisions; 2. Approve the application with minor clarifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations and all the information presented, they made individual findings and voted 5 to 0 to approve the motion to approve the subdivision preliminary plat modification application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code (BMC). Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. This report is based on the submitted application materials. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 5 of 25 public comments be received, they would be included in the City’s Laserfiche archive and available to the public. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under March 1, 2022: https://www.bozeman.net/government/city-commission/city-commission-video TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................... 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES ....................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................ 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................... 10 SECTION 4 – BMC CODE PROVISION REQUIREMENTS .............................................. 11 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 14 SECTION 6 – STAFF ANALYSIS AND FINDINGS ............................................................. 14 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ............... 14 Primary Subdivision Review Criteria, Section 76-3-608………………………… …16 Compliance with BMC 38.220.060. adopted standards............................................... 18 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .................. 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................. 23 APPENDIX B – NOTICING...................................................................................................... 25 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 25 FISCAL EFFECTS ..................................................................................................................... 25 ATTACHMENTS ....................................................................................................................... 25 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 6 of 25 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 21447 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 7 of 25 Exhibit 2 – Community Plan 2020 Future Land Use DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 8 of 25 Exhibit 3 – Current Land Use Map Undeveloped DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 9 of 25 Exhibit 4 – Existing Adopted and Proposed Preliminary Plat (no physical change) Lot 4 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 10 of 25 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to 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 BMC code provisions identified in this report. The conditions are specific to this preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and the conditions of approval are deemed reasonably-related and roughly-proportionate to the development of this subdivision. Recommended Conditions of Approval: 1.38.410.060. Easements.The existing 10 foot utility easement must be released and cannot be shown on the final plat. 2.38.400.060. Street Improvements. The Applicant must provide and file with the County Clerk and Recorder's office City-approved and Applicant-executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a.Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage; b.Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage; c.Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage; d.Intersection improvements to North 27th Avenue and Catamount Street; e.Intersection improvements to East Valley Center Road and Catamount Street; f.Intersection improvements to North 27th Avenue and East Valley Center Road; g.Intersection improvements to North 19th Avenue and East Valley Center Road; and h.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 the City Engineer with a copy of the filed SID waivers prior any future development of the subdivision. 3.The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering would require additional construction oversight. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site area. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 11 of 25 4.The Applicant and prospective buyers of lots within the subdivision are hereby alerted that development of the Site is reliant on completion of offsite water and sewer infrastructure associated with the Billings Clinic Ambulatory Destination Center Phase 1 Site Plan. These improvements are under the control of a third-party developer and contractor and, therefore, are not eligible for Concurrent Construction. These improvements must be completed and accepted by the City prior to Final Plat approval of this Eastlake Professional Center Preliminary Plat. 5.Due to high groundwater on the property, the following notation shall be placed on the Conditions of Approval Sheet of the final plat: “Due to known high groundwater conditions in the area, no basements will be permitted with future development of the site. No crawl space 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 provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.” SECTION 4 – BMC CODE PROVISION REQUIREMENTS 1.BMC 38.100.080. Compliance with regulations required. The Applicant is advised that unmet Bozeman Municipal Code (BMC) 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 BMC or of State law. 2.38.220.070. - Final plat. a.The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b.A letter from the City Engineer certifying that the following documents have been received: i.As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 12 of 25 c.Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. d.A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i.Be entitled "Conditions of Approval of the Eastlake Professional Center Subsequent Minor Subdivision" with a title block including the quarter- section, section, township, range, principal meridian, county, and city in which the subdivision is located. ii.Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, easements or the use of particular parcels. iii.Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the City of Bozeman for final plat approval and that all conditions of subdivision application have been satisfied. iv.Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v.Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the Community Development Department and become informed of any limitations on the use of the property prior to closing. vi.List all associated recorded documents and recorded document numbers. vii.List easements, including easements for agricultural water user facilities. 3.38.220.310. - Property owners' association. a.The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include weed control, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 13 of 25 b. All public access areas to be owned and maintained by the property owners association. The final plat must contain the above listed notations on the Conditions of Approval sheet. 4. 38.600.160. - Administration of regulations. The Applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the Applicant prior to final plat submittal. [The following numbers 5 through 10 are related to the request for concurrent construction of infrastructure for the subdivision.] 5. 38.270.030. D.2 – Improvements Agreement. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 6. 38.270.030. D.4 – Improvements Agreement. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 7. 38.270.030. D.6 – Liability Assurances. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 8. 38.270.030. D.10 – Construction Period Service Provision. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 14 of 25 9.38.270.030. D.14 – Concurrent Construction Plan. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 10.38.240.400. A – Certificate of Completion on the Plat. Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS On January 7, 2022, the Development Review Committee (DRC) determined that the Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat Modification application, as revised, conforms to Bozeman Municipal Code (BMC) standards, was adequate for public notice, and is sufficient for approval by the City Commission with the above staff-recommended conditions and code provisions. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission held a public hearing on this subsequent minor subdivision preliminary plat on March 1, 2022 via WebEx at 6 PM. This Finding of Fact and Order public hearing is scheduled for March 22, 2022. A WebEx link is expected to be provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal code standards, State statutes, adopted plans, public comment, and all other relevant materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 15 of 25 in the State of Montana. As noted in Condition of Approval No. 1, a 10-foot utility easement must be released prior to final plat approval. Code Provision Numbers 1 and 2 assures that the final plat would comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. In Code Provision No. 1, the subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal and State standards. The listed code provisions address necessary documentation and compliance with standards these. Therefore, upon satisfaction of all conditions and code corrections the subdivision would comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The March 1, 2022, Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. 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 City Commission would make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat modification application on November 29, 2021. The DRC reviewed the application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on and the DRC determined the application was adequate for continued review on January 7, 2022 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, February 4. 2022 for postings on Sundays, February 6 and February 13, 2022. The Applicant posted public notice on the subject property on February 4, 2022. The Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the writing of this report. On February 14, 2022, staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat modification application with a recommendation of conditional approval for consideration by the City Commission at their March 1, 2022 public hearing. The DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 16 of 25 City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the January 7, 2022 date this application was deemed “adequate”, in this case, the 60 working day period ends on April 4, 2022. This Finding of Fact and Order public hearing before the City Commission is scheduled for March 22, 2022. 4) Compliance with BMC Chapter 38, MCA 76-3-608(3) (a), and other relevant regulations. Community Development staff and the DRC reviewed the preliminary plat modification against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required BMC Code Provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities would conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. MCA Criteria, Section 76-3-608 Compliance 1)The effect on agriculture This subdivision would not impact agriculture. The property is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. The City of Bozeman Community Plan Future Land Use Map designates the subject property as Regional Commercial and Services which allows for commercial uses and the property is zoned B-2M, Community Business District--Mixed. 2) The effect on Agricultural water user facilities This subdivision would not impact agricultural water user facilities as no irrigation facilities are present on the property. Condition No. 3 would assure that the underlying aquifer contaminated by PCE solvent would not be disturbed by development of the property. 3) The effect on Local services Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property. It is anticipated that mains would be constructed to the west side of North 27th with the Billings Clinic project, prior to Phase 1 construction per Condition of Approval No. 4. Utilities – Utilities to serve the site would be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 17 of 25 Streets – Improvements to North 27th Ave. from E. Valley Center Road to Honor Lane would include full build out to City of Bozeman collector designation cross section standards and full construction of Honor Lane from North 27th to the southeast corner of the property would be constructed with Phase 1. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’s ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed by the property owners’ association per Code Provision No. 7 and would be managed on an individual lot basis. Parkland – The proposed subdivision is wholly commercial and is not required to provide parkland. If and when residential development occurs, parkland would be reassessed at that time. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions would be made to address the control of noxious weeds and maintenance of the property and would be further addressed by inclusion in the existing protective covenants and compliance with the recommended Code Provision No. 7. 5) The effect on Wildlife and wildlife habitat The subdivision would not significantly impact wildlife and wildlife habitat. The subdivision is zoned for commercial development and is surrounded by adjacent commercially-zoned properties that are either developed or are in the early stages of development. There are no known endangered or significant wildlife populations on the property. 6) The effect on Public health and safety With the recommended Conditions of Approval and required Code Provisions, the subdivision would not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat modification and determined that, with the recommended conditions and code provisions, it is in compliance with the BMC. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 18 of 25 Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities Per Code Provision No. 1, the final plat would provide and depict all necessary utilities and required utility easements. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat would provide legal and physical access to each parcel within the subdivision. All of the proposed lots would have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. BMC 38.220.060. Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 16, 2020 and no waivers or variances were requested. Staff offers the following summary comments on the documents required with BMC Article 38.220.060. 38.220.060. A.1 – Surface water Although the subdivision is named “Eastlake” Professional Center, there is no lake or any surface water on or in the vicinity of the site. Cattail Lake and Cattail Creek lie approximately one-quarter mile to the southwest of the property (“as the crow flies”). 38.220.060. A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision would not be impacted by floodplains. 38.220.060. A.3 - Groundwater Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results were provided with the application. Condition of Approval No. 6 prohibits the construction of basements on individual lots which would mitigate the impacts of high groundwater on the site. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 19 of 25 38.220.060. A.4 - Geology, Soils and Slopes This subdivision would not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060. A.5 - Vegetation This subdivision would not significantly impact vegetation. No critical plant communities have been identified on- site. 38.220.060. A.6 - Wildlife This subdivision would not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060. A.7 - Agriculture This subdivision would not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District –Mixed (B-2M) zoning designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. 38.220.060. A.8 - Agricultural Water User Facilities This subdivision would not impact agricultural water user facilities. No irrigation facilities are present on the lots. 38.220.060. A.9 - Water and Sewer The subdivision would not significantly impact city water and sewer infrastructure. Water and sewer improvements would be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060. A.10 - Stormwater Management The subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed and maintained by the property owners’ association per Code Provision No.7. 38.220.060. A.11 - Streets, Roads and Alleys The subdivision would not significantly impact the City’s street infrastructure and would provide adequate improvements to support the development. Condition of Approval No. 2 would assure adequate road improvements in the area. 38.220.060. A.12 – Non-Municipal Utilities This subdivision would not significantly impact existing utilities. Utilities to serve the site would be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 20 of 25 38.220.060. A.13 - Land Use The subdivision would not significantly impact land use. The proposed subdivision would create four lots for commercial uses. The property is zoned B-2M, Community Business District –Mixed and is designated as a commercial area in the Community Plan 2020. It is anticipated that the commercial uses of the property would complement the adjacent 50-plus acre medical “campus” proposed by the Billings Medical Center. 38.220.060. A.14 - Parks and Recreation Facilities This proposed subdivision is commercial and would not require parkland dedication. 38.220.060. A.15 - Neighborhood Center Plan This proposed subdivision is commercial and would not require a neighborhood center. 38.220.060. A.16 - Lighting Plan A lighting plan was submitted with the application for this proposed subdivision. Site and street lighting would be installed with Phase 1 and conform to City of Bozeman standards. 38.220.060. A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060. A.18 - Affordable Housing The subdivision is wholly commercial does not propose any housing. 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 modification application was considered by the City Commission at a public hearing on March 1, 2022 at which time the Department of Community Development Staff reviewed the project, submitted and summarized code evaluation of the application and summarized the conditions of approval. D.The Applicant’s representative, Intrinsik Architecture, Inc., acknowledged understanding and agreement with the recommended conditions of approval and code provisions. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 21 of 25 E.The City Commission requested public comment at the public hearing on March 1, 2022 and none was received. The linked minutes and recorded video of the meeting is located at the following web paged filed under March 1, 2022: https://www.bozeman.net/government/city-commission/city-commission-video F.It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat modification 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 them regarding this application, the City Commission makes the following decision. G.The preliminary plat modification has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review and this report, justify the conditions imposed on this development to ensure that the final plat 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. Pursuant to BMC 38.240.130.A.5.f, the conditional-approval of this minor subsequent subdivision preliminary plat shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 22 March 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 22 of 25 ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 23 of 25 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M, Community Business District - Mixed. The intent of the B- 2M District is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian-oriented building designs are important elements of this district. This property is adjacent to the 50-plus acre proposed Billings Clinic-Bozeman Medical Campus and it is anticipated that businesses locating within this Eastlake Professional Center subdivision would be related and compatible medical services or serving that clientele. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services. This category designates places where the primary activity should be regional-serving and prominent commercial uses requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. This proposed subdivision is well-suited to implement the Regional Commercial and Services designation based on the location near major thoroughfares and the adjacency to other commercial and residential areas that are in various stages of development. The proposed subdivision would blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects N. 27th, across from the access to the future Billings Clinic Campus development, to the shared use path, east of the property. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 24 of 25 Exhibit 5 – Community Plan Future Land Use Designations Correlating to Zoning Districts DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 25 of 25 APPENDIX B – NOTICING Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City provided public notice for this application in the following ways: (1) publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022; (2) the Applicant posted public notice on the subject property on February 4, 2022; and (3) the Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the March 3, 2022 writing of this report. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Representative: Intrinsik Architecture, Inc., 111 North Tracy Ave, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner Cody Flammond, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified due to Condition of Approval No. 2 which requires the Applicant to waive the right to protest creation of Special Improvement Districts for street improvements near and serving the proposed subdivision. No presently budgeted funds would be changed by this subdivision. ATTACHMENTS 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 #21447, 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. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 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=21-447 Public Comment: None to date. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255