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HomeMy WebLinkAbout22- Findings of Fact - Parklands Major Subdivision Prelim Plat Page 1 of 36 21419 Findings of Fact and Order for Lot 1, Block 1 of the Parklands Major Subdivision Preliminary Plat Public Hearing Date: Community Development Board acting as the Planning Board met on Monday, February 7, 2022 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true City Commission meeting was held on Tuesday, March 1, 2022 at 6:00 pm via WebEx. Link: https://bozeman.granicus.com/player/clip/246?view_id=1&redirect=true Project Description: A major preliminary plat application for a proposed eight (8) single- household residential lot subdivision within Lot 1, Block 1 of the Parklands at Village Downtown Subdivision on 1.201 acres (52,331 square feet). Project Location: The subject property is zoned R-4 residential high-density district. The property is located within a Planned Unit Development (PUD) known as the Village Downtown. The property is legally described as Lot 1, Block 1, The Parklands at Village Downtown Subdivision located in the NW ¼ Section 8 (S08), Township Two South (T02 S), Range Six East (R6 E), P.M.M., City of Bozeman, Gallatin County, Montana. Development Review Committee (DRC) Recommendation: On January 25, 2022, the DRC determined that the application conformed to the Bozeman Municipal Code (BMC) and was sufficient for continued review with the staff-recommended conditions and code provisions. Community Development Board (CDB) Recommendation: On February 7, 2022, the CDB, serving as the City’s Planning Board, reviewed and considered the application materials, public comment, and all the information presented, recommended approval of Lot 1, Block 1 of the Parklands at the Village Downtown Preliminary Plat Major Subdivision with conditions recommended by staff and all applicable code provisions. City Commission Decision: On March 1, 2022, having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, the City Commission moved to adopt the findings presented in the staff report for application 21419 and approve the subdivision with conditions and applicable code provision. The motion for approval failed, and with no other motions raised by the City Commission, the major subdivision was denied. City Commission Approved Motion: 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 21419 and move to authorize the Mayor to sign the Findings of Fact and Order on behalf of the City Commission, denying DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 2 of 36 the Lot 1, Block 1 of the Parklands at the Village Downtown Major Subdivision Preliminary Plat as minimum zoning regulations are not met. Report Date: March 7, 2022 Staff Contact: Nakeisha Lyon, AICP, Associate Planner Karl Johnson, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary This report is based on: (1) the January 6, 2022 revised plat maps; (2) the November 23, 2021 revised application documents; (3) the January 25, 2022 Development Review Committee recommendation for conditions and code provisions; (4) the February 6, 2022 Community Development Board recommendation; (5) the February 15, 2022 staff report to the City Commission which evaluated the application’s code compliance; (6) public comment received to date; (7) staff recommendations of conditions of approval and code provisions; (8) all information provided to the City Commission at their March 1, 2022 public hearing on this application; and (9) staff evaluation of the Montana Code Annotated (MCA) subdivision statutes and relevant Bozeman Municipal Code (BMC) subdivision provisions described in this report. The Department of Community Development received a Preliminary Plat Application on November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The proposed subdivision is located within the existing Village Downtown Planned Unit Development (PUD). The preliminary plat (19135) for the overall subdivision for the Parklands at Village Downtown was approved by the City Commission in August 2019 with final plat (21167) approval occurring in October 2021. Access to the individual lots are provided by a public street and an improved alley as allowed by the Bozeman Municipal Code (BMC). The Parklands at the Village Downtown has a park and common open space which serves these proposed lots with pedestrian connections to existing trails adjacent to the subject property. Infrastructure to serve this subdivision have been proposed to be installed or were previously financially guaranteed as allowed by the BMC during the platting process for the overall subdivision. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 3 of 36 As a provision of Sec. 38.220.030, BMC, the applicant submitted a pre-application plan with required submittal materials, and waivers, for review prior to the formal subdivision preliminary plat application submittal to the City. The Development Review Committee (DRC) completed a subdivision pre-application plan review on July 16, 2021 and provided the associated memorandum for their review on July 20, 2021 via email to the applicant and representative of record. Several comments were noted regarding compliance with standards including the following pertaining to minimum density requirements: The zoning district of R-4 requires a minimum density of eight (8) dwelling units per net acre. Based on the overall net acreage of the Parklands at Village Downtown Subdivision, twenty-three (23) dwelling units must be provided to meet the minimum density requirements. Block 2 is proposed to be subdivided into nine (9) single-family residential lots, with previous indications that Block 1 was for multi-family development, which is not depicted within this submittal. Fourteen (14) dwelling units must be provided within Block 1 in order to meet the minimum requirements for density. Accessory dwelling units do not count towards the minimum density calculations. Please address this issue accordingly. In response to this comment, the representative of record requested a Director’s Interpretation, on July 27, 2021, to formally determine whether an accessory dwelling unit (ADU) may count towards meeting the zoning district’s minimum density requirements. On August 30, 2021, Staff provided the following determination via email to the applicant and representative of record, per specific communication from the former Community Development Director, Martin Matsen: In regards to the Community Development Director’s Interpretation for whether Accessory Dwelling Units (ADUs) may be counted towards meeting the applicable zoning district’s minimum density requirements submitted on July 27, 2021, at this time, per Marty Matsen’s direction, Staff will be moving forward with the existing staff interpretation that ADUs do not count towards meeting this requirement. This existing interpretation will be further addressed within future updates to the Bozeman Municipal Code. Nonetheless, per Matsen’s direction, given the unique development pattern within the Parklands and the Village Downtown, ADUs would be a great additional housing type within the area to provide potentially more affordable housing options for our community. Therefore, staff is amenable to allowing the ADUs to count towards the minimum density requirements as part of this development application. In order to do so, a condition of approval will be included as part of the preliminary plat and final plat entitlements. The condition will state the following (this is subject to change per legal review): accessory dwelling units (ADUs) may count towards meeting the minimum density requirements applicable to the subject property, only if each lot will have an ADU that is DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 4 of 36 permitted separately from the principal structure. The City of Bozeman will not issue building permits for any of the lots unless proportionate ADUs are built. Upon this administrative direction, the applicant and representative of record submitted a Preliminary Plat application on November 23, 2021 with the DRC finding the application to be sufficient for continued review with recommended conditions and code provisions on January 25, 2022. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application. The CDB acting in their capacity as the Planning Board considered compliance of the application with the applicable review criteria and growth policy on February 7, 2022, and voted 7 to 2 to recommend approval of this Preliminary Plat Major Subdivision to the City Commission with applicable conditions and code provisions. During the public comment period related to this application of the CDB public meeting, one public comment was received related to the proposed subdivision which noted concerns with the subdivision meeting parklands requirements, and the condition of accessory dwelling units being utilized to meet density requirements. Additionally, the CDB members expressed their concerns with the accessory dwelling unit condition of approval and enforcement of the development of these units, use to contribute to diverse rental or housing stock, accessory dwelling unit size limitation, density requirements, and wetlands. Further details and staff’s analysis of these comments are included below in this report. In response to the CDB concerns, staff revised the ADU condition of approval to include clarification regarding the building permitting process for the ADUs and the enforcement through utilization of certificate of occupancies to ensure the construction of the dwelling units as described below: a. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot; ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure; iii. A detached ADU is permitted through the Building Department separately from the principal structure; and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 5 of 36 The CDB proceedings may be viewed here: https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true After receiving an adequacy determination on the preliminary plat application on January 31, 2022, the applicant requested expedited review per 76-3-623 Montana Code Annotated (MCA) and represented that the project meets all applicable requirements for such review. Under the expedited subdivision review, the final decision for the preliminary plat must be made in 35 working days after adequacy of the application. Therefore, the deadline for a final decision is March 16, 2022. As the final review authority, the City Commission is required to approve, conditionally approve or deny the subdivision application by March 16, 2022, unless there is a written extension from the developer, not to exceed one year. The City Commission public hearing to consider this preliminary plat was held on for March 1, 2022 at 6:00 pm via 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 alternative findings to those in the staff report and voted 2 to 3 to approve the motion. The motion failed, and with no other motions raised by the City Commission, the major subdivision was denied. A summary of the Commission’s findings can be found below in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings. Video of the City Commission hearing can be found at this link: https://bozeman.granicus.com/player/clip/246?view_id=1&redirect=true Alternatives 1. Approval of the Findings of Fact and Order as drafted; 2. Approval of the Findings of Fact and Order with modifications; 3. As determined by the City Commission DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 6 of 36 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 5 SECTION 1 – MAP SERIES .......................................................................................................... 7 SECTION 2 – REQUESTED VARIANCES ............................................................................... 12 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12 SECTION 4 – CODE REQUIREMENTS .................................................................................... 13 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15 SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 15 Applicable Subdivision Review Criteria, Section 38.240.150., BMC.............................. 15 Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use. .................. 19 38.220.060 Documentation of compliance with adopted standards ................................. 26 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 28 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 31 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 35 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 35 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 36 FISCAL EFFECTS ....................................................................................................................... 36 ATTACHMENTS ......................................................................................................................... 36 DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 7 of 36 SECTION 1 – MAP SERIES Exhibit 1 –Zoning Map DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B Page 8 of 36 Exhibit 2 – Community Plan 2020 Future Land Use DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B Page 9 of 36 Exhibit 3 – Preliminary Plat DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 10 of 36 Exhibit 4 – Preliminary Plat Conditions of Approval DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 11 of 36 Exhibit 5 – Trail and Park Proximity DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B Page 12 of 36 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 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. Staff has 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. In accordance with 38.240.100, BMC, the applicant has chosen review of this subdivision under the terms of 76-3-623 MCA; therefore, applicant is obligated to complete the construction of the approved subdivision in accordance with the approved application and any applicable requirements in Montana law, administrative rules, municipal code, and design standards. 2. The final plat must contain the following notations on the conditions of approval sheet. Several of these conditions are included on this sheet, however, may need to be revised to update the language: a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners’ association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. b. The property owner’s association must be responsible for maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. c. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas and trails. d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard. e. All plans and specifications for public infrastructure will be stored at the City’s Engineering Office located at 20 E. Olive Street, Bozeman, Montana 59715. f. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed with the future development of the site, unless a professional engineer registered in the State of Montana certifies that DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 13 of 36 the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or 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. g. The orientation of buildings located on Lot 1 and Lot 8 shall match the orientation of Lots 2 – 7. h. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot; ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure; iii. A detached ADU is permitted through the Building Department separately from the principal structure; and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed. SECTION 4 – CODE REQUIREMENTS The following are procedural requirements not yet demonstrated by the preliminary plat and must be satisfied at the final plat. Without these corrections the application does not meet required standards. 1. Sec. 38.100.080 – Compliance with regulations required. a. 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. Sec. 38.240.150. Final plat application. a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. i. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 14 of 36 ii. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. iii. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. Sec. 38.240.460. Acceptance of dedications. a. Please edit the Certificate of Director of Public Works to be the following: i. CERTIFICATE OF ACCEPTANCE OF DEDICATIONS 1. I, Director of Public Works, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this ______ day of _______, ________. (Signature), Director of Public Works. 4. Sec. 38.240.540. Certificate of Governing Body. a. Please add the following certificate to be the plat: i. CERTIFICATE OF GOVERNING BODY APPROVING PLAT 1. I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. DATED this ______ day of _______, ________. (Signature), Director of Community Development. 5. Sec. 38.410.060. - Easements. a. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 6. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. i. Payment-in-lieu of water rights must be made for the lots prior to final plat approval. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 15 of 36 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions and code provisions on January 25, 2022 based on staff analysis and findings as described below in Section 6 of this report. On February 7, 2022, the Community Development Board, acting as the Planning Board pursuant to Sec. 38.240.130.A.3, BMC held a public meeting on the proposed application. The public meeting was held via WebEx. The Community Development Board recommended approval of the Preliminary Plat subdivision subject to the staff-recommended conditions of approval and all applicable code provisions. The public hearing date for the City Commission’s consideration of this application was held Tuesday, March 1, 2022 at 6:00 pm via WebEx. The City Commission voted 2 to 3 on a motion to approve the preliminary application. Based on this vote, the motion for approval failed, and with no other motions raised by the City Commission, the major subdivision was denied. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150., BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) The general review requirements per 38.240.100 must be met. Staff Evaluation: The applicant submitted a subdivision pre-application plan on May 19, 2021, and the Development Review Committee (DRC) completed the associated review on July 16, 2021. With the recent change in state legislation to accommodate expedited subdivision review, the applicant elected to proceed with the expedited subdivision review after adequacy of the preliminary plat application on January 31, 2022. Per MCA 76-3-604, the element and sufficiency review of the application must be completed within 35 working days after adequacy of the application, which would be on or before March 16, 2022. 2) 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 had been presented to the City Commission prior to their March 1, 2022 decision. At that hearing, the staff report, staff presentation, and applicant representative’s presentation was entered into the record. In the staff report, public comment received to date was described. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 16 of 36 3) 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 within this section of this report. However, without the City Commission’s support of the accessory dwelling units as a component of the minimum density requirements, the proposed subdivision does not comply with Section 38.320.030, BMC. Additionally, without counting ADUs toward density minimums, the preliminary plat application would not qualify for expedited review under MCA 76-3-623 as the proposed subdivision does not comply with zoning regulations adopted pursuant to MCA 76-2-203 or 76-2-304. City Commission Findings: As the City Commission concluded that the utilization of accessory dwelling units does not meet the minimum density requirements, this preliminary application does not comply with requirements of MCA 76-3-501 or local subdivision regulations found in Chapter 38, Article 3 of the Bozeman Municipal Code. Specifically, the application does not comply with zoning regulations regarding the minimum density requirements. Sec. 38.320.020.B, BMC which requires that new residential development must provide a minimum net density in applicable zones, as set forth in the form and intensity standards tables within this division (referring to Table 38.320.030.C. A minimum density is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. The criterion is not met because the overall Parklands at the Village Downtown Subdivision must provide an additional 14 dwelling units in the proposed development, along with the nine existing single household dwelling lots for a total of 23 dwelling units to meet the minimum density requirements. 4) Consider written comments from appropriate public agencies, utilities or other members of the public. Staff Evaluation: On January 25, 2022 the DRC found the application sufficient for continued review with staff recommended conditions and code provisions. The CDB acting in their capacity as the Planning Board considered compliance of the application with the applicable review criteria and growth policy on February 7, 2022, and voted 7 to 2 to recommend approval of this Preliminary Plat Major Subdivision to the City Commission with applicable staff recommended conditions and code provisions. During the public comment period related to this application of the CDB public meeting, one public comment was received related to the proposed subdivision expressing concerns with the subdivision meeting parklands requirements, DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 17 of 36 and the condition of accessory dwelling units being utilized to meet density requirements. Additionally, the CDB members denoted their concerns with the accessory dwelling unit condition of approval and enforcement of the development of these units and use to contribute to diverse rental or housing stock, accessory dwelling unit size limitation, density requirements, and wetlands. Further details and staff’s analysis of these comments are included within pages 15-27 of this report. In response to the CDB concerns, staff revised the ADU condition of approval to include clarification regarding the building permitting process for the ADUs and the enforcement through utilization of certificate of occupancies to ensure the construction of the dwelling units as described below: a. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: v. An ADU is constructed on each lot; vi. An attached ADU is permitted through the Building Department under the same building permit for the principal structure; vii. A detached ADU is permitted through the Building Department separately from the principal structure; and, viii. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed. 5) The City Commission shall consider the following: relevant evidence relating to the public health, safety and welfare; other regulations, code provisions or policies in effect in the area of the proposed subdivision; the recommendation of the advisory bodies; any relevant public comment; and individual phases, existing conditions, and changed circumstances for any phase reviewed under 76-3-617 MCA. Staff Evaluation: Please see staff’s evaluation as noted below on pages 15-27 of this report. The subdivision infrastructure and utilities were previously established in a single phase as a component of the underlying Parklands at the Village Downtown Subdivision. City Commission Findings: As the City Commission did not support the utilization of accessory dwelling units to meet the minimum density requirements, this preliminary application does not comply with zoning regulations providing minimum density requirements for the R-4 zoning district. Table 38.320.030.C. denotes that the minimum density requirements is 8 dwelling units per net acre. The overall Parklands at the Village Downtown Subdivision is has a net acreage of 2.88 acres. The overall minimum density that must be met for this subdivision is 23 minimum dwelling units. There are 9 existing single household lots within the existing subdivision. Therefore, Block 1, Lot 1, must be subdivided through this preliminary plat process into a minimum of 14 additional single household lots to meet the minimum density standards. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 18 of 36 6) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the certification established in section 38.240.170, the city commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to section 38.220.050.A.9. or public comment received pursuant to MCA 76-3-604 on the information provided pursuant to section 38.220.050. A conditional approval or denial must be based on existing subdivision, zoning, or other regulations that the city commission has the authority to enforce. Staff Evaluation: Please see staff’s evaluation on pages 15-27 of this report. This review criteria is not applicable as the subdivision does qualify under MCA 76-4-125 regarding water and waste services which is to be provided by the local government. 7) The city may not approve a proposed subdivision if any of the features and improvements, including well isolation zones, of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under Title 76, chapters 3 or 4, MCA., or if the well isolation zone of 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, MCA. Staff Evaluation: Please see staff’s evaluation as noted below regarding surface water on page 25. 8) The city commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this chapter. The city commission must issue written findings to justify the reasonable mitigation required by this chapter. The city commission may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat. When requiring mitigation under this subsection, the city commission must consult with the developer and must give due weight and consideration to the expressed preference of the developer. Staff Evaluation: Please see staff’s evaluation as noted on pages 15 to 27. Required mitigation to minimize potentially significant adverse impacts occurred during the platting process for the underlying Parklands at the Village Downtown Subdivision. 9) 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 DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 19 of 36 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. Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use. 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the surveying requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Community Development Board acting as the Planning Board public meeting and the City Commission public hearing were 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 made the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include variances or other instances of lack of compliance to standards and procedures. The Department of Community Development received a Preliminary Plat Application on November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The DRC met on December 8, 2021 with formal comments submitted on December 16, 2021. The DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 20 of 36 project was deemed inadequate for review by the DRC and the review halted until revised materials were provided. Revised materials were submitted with formal intake on January 6, 2022. On January 25, 2022, the DRC found the application sufficient for continued review and recommends the conditions of approval and code provisions identified in this staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Thursday, February 3, 2022 for postings on Sundays, February 6 and February 13, 2022. The applicant posted public notice on the subject property on February 7, 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 7, 2022. On February 3, 2022, this major subdivision staff report was completed and forwarded with a recommendation of approval subject to code provisions for consideration to the Community Development Board acting as the Planning Board. No written public comments have been received on this application as of the writing of this report. Community Development Board Meeting Public Comments & Board Discussion: During the public comment period of the February 7, 2022 Community Development Board meeting, one comment was received which denoted concerns with the subdivision meeting parklands requirements, and the condition of accessory dwelling units being utilized to meet density requirements. The commenter discussed that the underlying subdivision for the Village Downtown provide cash in lieu of parklands rather than a park to serve the neighborhood and the linear park provided in addition to the cash in lieu amount is not adequate in meeting the intent of park dedication for this subdivision. In reference to staff’s discussion on walkability to existing parks, the commenter stated that existing parks such as Lindley Park is not considered by the neighbors as proximate to the subject property with the distance traveled on foot being more age appropriate for older children only. Additionally, the commenter noted that there is limited justification for the inability of the applicant to meet density requirements and the utilization of accessory dwelling units may led to more vacation rentals. The commenter further stated that there is no mechanism to ensure the accessory dwelling units are obtainable as in affordable to low or moderate income persons. During the Community Development Board’s discussion, members denoted issues with the accessory dwelling unit condition of approval and enforcement of the development of these units, accessory dwelling unit size limitation, density requirements, and wetlands. Staff’s Response and Further Analysis: Parklands: DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 21 of 36 The Parks Department reviewed the preliminary plat as part of the DRC and found that the applicant has provided adequate parklands for the eight proposed lots for single household development. During the platting process for the underlying Parklands at the Village Downtown Subdivision, a linear park and trail corridor were dedicated to provide required parkland for the 9 proposed single household lots, and the multi-household dwellings that were originally anticipated for future development on Lot 1, Block 1. The land area required for park dedication for the underlying plat was 0.16 acres which is based on the existing 9 single household lots with a density of 5.42 units per acre with a required 0.03 acre per unit dedication requirement. The unknown density for Lot 1, Block 1 was calculated based on the density cap of 8 dwelling units per acre for the R-4 zoning district and 1.21 net residential acres which has a required 0.29 acres for this portion. The applicant would be required to provide a 0.45 acre park. However, already- dedicated the linear park and trail corridor exceed this threshold at 0.63 acres. Please be aware that park dedication is not required for accessory dwelling units as the assessment is based on net residential density and ADUs have not counted towards this calculation. The Recreation and Parks Advisory Board recommended approval of the parks master plan. The parks master plan was subsequently approved by the City Commission concurrently as a component of the Preliminary Plat for application 19135. This linear park provides a more approximate open space and passive recreation opportunity to the subdivision rather than Lindley Park and other parks in the area, and addresses concerns regarding distance traveled and safety of children. Please see Exhibit 5 in the Map Series of Section 1 for a visualization of parks, trails, and proposed amenities within this area. Accessory Dwelling Units – Density and Enforcement: Regarding the commenter’s discussion on the limited justification for the applicant’s proposal to meet the density requirement by including accessory dwelling units, the intent of the direction provided by the former Community Development Director to include these incidental units was in support of contributing to the diversity of the existing housing stock in a location that is viewed as infill development rather than new development as this lot is a remaining component of an existing subdivision. Based on the density calculations, six additional lots are required in the subdivision to meet the minimum density requirement for the overall subdivision based on the minimum 8 dwelling units per acre for the R-4 zoning. Rather than provide the additional lots, the applicant proposes to provide each principal structure with an accessory dwelling unit, which provides 8 accessory dwelling units. The applicant is able to change the intent of their development from what was previously expressed in past applications through the platting process. The Board identified issues with enforcement regarding how the City would ensure the accessory dwelling units would be built. The Board also denoted concern with requiring a separate permit DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 22 of 36 to build the accessory dwelling units. Typically, attached accessory dwelling units are permitted with the principal structure under one building permit, but separate detached accessory dwelling units receive a permit separately from the principal. To ensure the enforcement of the accessory dwelling unit conditions, and to address these concerns indicated by The Board, the condition of approval associated with utilizing the accessory dwelling unit as a component of the minimum density requirement has been revised to clarify the differences between attached and detached structures, and to denote that a certificate of occupancy would not be provided to the property owner for the principal structure unless and until the accessory dwelling unit was built. Additionally, a deed restriction will be required during the final platting process against the proposed lots which would restrict final occupancy permits for the principal structures until the accessory dwelling unit is constructed. The Planning Division will work closely with the Building Division to ensure enforcement of this provision accordingly. One board member denoted concerns regarding the size limitations of accessory dwelling units which are currently a maximum of 600 square feet for detached accessory dwelling units, and a limitation of one-third of the principal structure’s total area for an attached accessory dwelling unit. Size limitations of ADUs are regulated within Sec. 38.360.040, BMC and would require a text amendment to change the size limitations. Affordability and Short Term Rentals: The City of Bozeman does not have any mechanisms to ensure that the ADUs are rented to long term renters or that they are rented at affordable rates. The intent of the proposal is to provide an alternative to address the minimum density requirement for the subject property. Additionally, short term rentals are allowed within this area which can be either Type 1 or Type 2, which require that the principal structure must be owner occupied. Individual property owners must meet the provisions within Sec. 38.360.260, BMC in order to pursue this option the short term rental must be registered with the Community Development Department. Wetlands: A general concern regarding the wetlands within the area was expressed by the Board. The overall Parklands at the Village Downtown Subdivision accounted for the displacement of any wetlands on the subject property through the purchase of wetland credits through a wetland bank in the Madison Valley as well as wetland delineation, review and approval of applicable application materials. An individual Clean Water Act 404 permit was requested and approval for the changes has been granted by the US Army Corps of Engineers. A 401 permit was obtained from the Montanan Department of Environmental Quality also in the platting process of the overall Parklands at the Village Downtown Subdivision. The majority of the subdivision is located in uplands and has been previously disturbed over the years. Any floodplain and wetland impacts have occurred within the existing Front Street ROW DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 23 of 36 pertaining to the construction of the street which is allowable by the BMC. Overall, this proposed subdivision will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain, if applicable. The Community Development Board proceedings may be viewed here with general discussion beginning at 24:35, staff presentation beginning at 25:40, Board discussion beginning at 39:31, applicant presentation beginning at 47:48, public comment period beginning at 57:00, and the Board’s further discussion and vote beginning at 101:00. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC, which were considered by the City Commission. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/Sewer – Adequate water and sewer capacity exists to serve the eight lots created by this subdivision as these services were provided during construction internal to the site for the overall Parklands at Village Downtown Subdivision. Per code requirement 4, cash-in-lieu of water rights must be provided prior to final plat approval. Please note that cash-in-lieu of water rights is not accessed on the proposed accessory dwelling units included within this application. Irrigation for open spaces/park is required and was previously accounted for in the overall Parklands at Village Downtown Subdivision. Landscaping and irrigation was financially guaranteed during the final plat through an Improvements Agreement for the overall subdivision. Utilities – Utilities to serve the eight lots were previously established during the subdivision process for the overall Parklands at Village Downtown Subdivision. Please note that the applicant previously installed 8 individual utility connections prior to the review and approval of the proposed subdivision within this application. These private utilities were installed underground. The City standards requires a minimum of 10’ utility easements in the front yards in conformance with Sec. 38.410.060 of the BMC. Streets – All public rights-of-ways (ROW) to serve this subdivision were dedicated with the overall Parklands at the Village Downtown Subdivision and have been constructed. Audubon Way is a 30-foot alley ROW that will serve the eight proposed lots in Block 1 and the existing 9- lots in Block 2. Audubon Way is privately maintained by the Property Owners Association (P.O.A.) that serves the overall subdivision. All maintenance is already provided by the City of Bozeman for the existing public streets adjacent to the subject property (Village Downtown Boulevard). DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 24 of 36 Access to the site will be provided from North Broadway Avenue to Village Downtown Boulevard and through the new Audubon Way, from where the residents will access their driveways. North Broadway Avenue is classified as a collector street and Village Downtown Boulevard is classified as a local street. In 2003, a Traffic Impact Study (TIS) was previously prepared for original Village Downtown Subdivision. Based on this TIS and ITE trip generation, the proposed lots will generate less than 100 peak- hour trips, and, therefore a revised TIS is not required with this subdivision. There is an existing 10’ asphalt trail which connects the Village Downtown Blvd ROW through the Front Street ROW and the newly built 60’ wide linear park to the southeast of these lots. A new 6’ wide gravel trail runs adjacent to the subject property and back to the Village Downtown Blvd to provide a trail network that surrounds the overall subdivision entirely. The roundabout at the end of Village Downtown Blvd was expanded during the overall Parklands at the Village Downtown Subdivision platting process and serves as a traffic calming measure for local vehicular activity in the neighborhood. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. This subdivision does not impact the City’ ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Fire protection standards require the installation for fire hydrants at designated spacing which was previously established during the overall Parklands at the Village Downtown Subdivision processing. Audubon Way will provide adequate circulation for fire engines and other emergency vehicles. Stormwater - Stormwater within the subdivision will be conveyed via surface gutter flow to curb inlets to then be piped underground through storm drain piping to a stormwater detention pond located to the north of the lots in Common Open Space A. All stormwater infrastructure has been previously installed during the overall Parklands at the Village Downtown Subdivision platting process which accounted for the future development of these proposed lots. Parklands – The overall Parklands at the Village Downtown Subdivision accounted for the dedication of land to meet its park mitigation requirement and a final park plan was approve during this platting process. However, again, ADUs do not require parkland dedication so no additional parkland was calculated or provided for them. Natural Environment –The overall Parklands at the Village Downtown Subdivision accounted for the displacement of any wetlands on the subject property through the purchase of wetland credits through a wetland bank in the Madison Valley as well as wetland delineation, review and approval of applicable application materials. An individual Clean Water Act 404 permit was requested and approval for the changes has been granted by the US Army Corps of Engineers. A 401 permit was obtained from the Montanan Department of Environmental Quality also in the platting process of the overall Parklands at the Village Downtown Subdivision. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 25 of 36 The majority of the subdivision is located in uplands and has been previously disturbed over the years. Any floodplain and wetland impacts have occurred within the existing Front Street ROW pertaining to the construction of the street which is allowable by the BMC. Overall, this proposed subdivision will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain, if applicable. Wildlife and Wildlife Habitat – Impacts to wildlife and wildlife habitat were accounted for in the overall Parklands at the Village Downtown Subdivision. The existing linear park to serve the subdivision will also act as a buffer to any further wildlife impacts. There are no known endangered or threatened species located on the subject property. Public Health and Safety – The intent and purpose of the regulations within Chapter 38 of the BMC are to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Code provisions deemed necessary to ensure compliance are noted throughout this staff report, and were previously denoted within the approval of the overall Parklands at the Village Downtown Subdivision platting process. All subdivisions must be reviewed against the criteria listed in 76- 3-608.3.b-d, MCA. The project area is subject to a high water table. High groundwater can be overcome for utility installation with proper techniques. However, the ongoing impacts on individual homes can be substantial if groundwater enters crawl spaces or basements. Use of sump pumps in private homes often contributes to excessive flows into sewer or storm drainage systems which reduces their designed effectiveness. Once constructed, it is very difficult to retrofit homes to remove crawl spaces or basements. Therefore, the general notes on the Conditions of Approval Sheet of the preliminary plat prohibits crawl spaces and full basements. This will remove the need for sump pumps, illicit discharges of water into the storm drainage systems, and reduce impact on nearby wetlands. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements, which were established during the overall Parklands at the Village Downtown Subdivision platting process. Code requirement No. 3, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways and within easements located on the proposed lots. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 26 of 36 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each lot within the subdivision. All of the proposed lots will have frontage on a public street and a private alley constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on May 19, 2021 and no variances were requested. The applicant requested and was granted waivers for Surface Water, Floodplains, Groundwater, Geology, Soils, Slopes, Vegetation, Wildlife, Historical Features (no longer required per the Legislative Session Subdivision Amendment Changes), Agriculture, Agricultural Water User Facilities, Educational Facilities (no longer required per the Legislative Session Subdivision Amendment Changes), Land Use, Parks & Recreation Facilities, Neighborhood Center Plan, Utilities, Miscellaneous, Affordable Housing, and Lighting Plan. These requirements were previously satisfied during the submittal of the Preliminary Plat for the overall Parklands at the Village Downtown Subdivision and were therefore granted waivers by staff. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water which are near the subject property but not within the proposed area to be platted. Therefore, minimal impacts to surface waters are identified. There are no natural or artificial water systems running through or affecting the property. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.2 - Floodplains A floodplain has been identified lying to the eastern side of the subdivision within the Front Street ROW. This ROW will be developed as an alley which has a narrower width than the standard street design requirements and will therefore have less of an impact on the floodplain. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.3 - Groundwater The groundwater in this area is height due to nearby wetlands and elevation of the area having minimal differentiation. A condition of approval on the overall Parklands at the Village Downtown Subdivision will restrict the construction of basements and crawl spaces. This has been included as a general note on the conditions of approval sheet of this proposed plat. The applicant requested a waiver of this supplemental information which was granted. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 27 of 36 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The soil present is Blackmore Silt Loam which was identified during the overall Parklands at the Village Downtown Subdivision platting process. With proper engineering and architectural design, any limitation on use of this soil type can be overcome. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.5 - Vegetation Lain fallow has been identified on the subject property with it’s presence for over a decade. Most of the vegetation on the subject property is grass with clusters of trees near the subject property boundaries. The wetlands present on the site have been or will be removed as denoted in the primary review criteria through appropriate permitting and mitigation efforts by the applicant. Noxious weeds are present and a weed management plan has been submitted to the Gallatin County Weed District and approved. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.6 - Wildlife See discussion in the primary review criteria above. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.9 - Water and Sewer See discussion in the primary review criteria above. 38.220.060.A.10 - Stormwater Management See discussion in the primary review criteria above. 38.220.060.A.11 - Streets, Roads and Alleys See discussion in the primary review criteria above. 38.220.060.A.12 – Non-Municipal Utilities See discussion in the primary review criteria above. 38.220.060.A.13 - Land Use DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 28 of 36 The subject property is zoned R-4, High Density Residential District and the use proposed is exclusively residential. Please refer to Appendix A for more information. The applicant requested a waiver of this supplemental information which was granted. City Commission Findings: The City Commission concluded compliance with Sec. 38.220.060.A.13. was not provided as the proposal for the inclusion of ADUs within the minimum density requirements does not meet the provisions of the R-4 zoning district denoted in Sec. 38.300.100.E. Additionally, the utilization of these types of units conflicts with goal N-1.4 which promotes the development of ADUs in developed areas as an opportunity to increase density and housing inventory rather than on a greenfield, or vacant parcel of land. 38.220.060.A.14 - Parks and Recreation Facilities See discussion in the primary review criteria above. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.15 - Neighborhood Center Plan A neighborhood center or plan is not required per Sec. 38.410.020.A. of the BMC. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.16 - Lighting Plan All street lights installed are in conformance with the City’s specification requirements which were previously accounted for during the overall subdivision platting process for the Parklands at the Village Downtown which included the creation of a special improvements lighting district (SILD). The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.17 - Miscellaneous No additional impacts or hazards have been identified or are anticipated based on the analysis contained in this report. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. The applicant requested a waiver of this supplemental information which was granted. 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. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 29 of 36 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 March 1, 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 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 March 1, 2022 and received no public comments. 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, considering the discussion had by advisory bodies, 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 does not comply with the requirements of the Bozeman Municipal Code because the accessory dwelling units may not be included to meet code standards regarding minimum density requirements. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. G. For the reasons stated above and within Appendix A, the preliminary plat does not meet the criteria of Chapter 76 of the Montana Code Annotated, nor does it meet all requirements of Chapter 38 of the Bozeman Municipal Code. As detailed in the analysis section above, the preliminary plat application relied on the Director’s indication that he would support accessory dwelling units counting towards the minimum density requirements. The City Commission concluded that counting ADUs toward minimum density requirements was inconsistent within the minimum density standards of the R-4 zoning district. Without including the ADUs as a component of this provision, the minimum density requirements for the subject property are not met. Therefore, the City Commission denied the preliminary plat application. H. The basis of the Commission’s decision includes the entire record of this matter, including the applicant’s materials and presentation, public comment, advisory body DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 30 of 36 review, public comment, the staff report and presentation, and the Commission’s discussion and questions. I. These findings of fact satisfy the requirements in 38.240.150.D, BMC and Montana Code Annotated section 76-3-620. J. 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. DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ATTEST: ____________________________ ____________________________ Cynthia L. Andrus Mike Maas Mayor City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B March22 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 31 of 36 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for the development of high-density residential development through a variety of housing types within the city with associated service functions. 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 compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The subject property is designated as Urban Neighborhood. This category 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, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Staff Evaluation: This proposed subdivision is suited to implement the Urban Neighborhood by providing lots that will support a variety of housing types including single household units and accessory dwelling units (ADUs) in an existing developed residential area that is predominantly detached single- household units. Lot 1, Block 1 was previously denoted for multi-household development, however, the applicant changed the intent of the development during this preliminary plat process. R-4 has a minimum density requirement of eight dwellings per net acre. Based on the acreage of the overall subdivision, 14 dwellings would be required within this proposed preliminary plat in order to meet the minimum density requirements. In support of providing more housing options, ADUs have been accounted for within the minimum density requirements which will provide for eight single-household dwellings and eight accessory dwelling units, one per lot. A general note is included in the condition of approval sheet regarding the construction DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 32 of 36 of the ADUs in order to ensure that these units are built. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. City Commission Findings: The City Commission found that the preliminary plat application does not meet the minimum density standards of Sec. 38.320.030.C for the R-4 zoning district. The City Commission concluded that the single household lots with the addition of accessory dwelling units does not provide the development of high density residential units nor a variety of housing types in an area proximate to multimodal transportation, mixed-use and commercial districts, and close proximity to jobs and services. Additionally, the City Commission denoted that the preliminary plat application does not meet the Growth Policy designation of Urban Neighborhood, which promotes urban density homes in a variety of types and intensities. This designation allows, in limited instances, a lower gross density in areas of subdivisions where site constraints and/or natural features such as floodplains or steep slopes are present. Though the applicant’s representative briefly denoted the grade change in the area which influenced the discussion to change the intent of the subject property’s development from past applications, an in-depth analysis of these constraints was not presented to the City Commission nor included in the application materials. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 33 of 36 Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 34 of 36 The growth policy encourages development to be walkable, which is defined in the 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. • 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 will help provide for element two with potential for additional persons in the area. The subdivision has a newly construction 60’ wide linear park which provided for element three. Pedestrian design, element four, and complete streets, element 5 are also accounted for with the design of the single household dwelling units to orientate to Village Downtown Boulevard with driveways along the alley access on Audubon Way and Front Street. Complete streets are promoted through sidewalk and trail access along the Village Downtown Boulevard with connections throughout the subdivision, existing trail system and linear park. The site has a Walk Score of 53, a Transit score of 24, and a Bike Score of 63. Average walk score for the city as a whole is 47 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is has its own linear park with connections to the Northside/Village Trail. Lindley Park is approximately 0.30 miles from the proposed subdivision, which provides a variety of recreational opportunities from an extension trail system, picnic opportunities, and a playground. The closest grocery store is the Heebs Fresh Market (now Town and Country East Main) which is roughly 0.40 miles from the proposed development. The two closest schools are the Hawthorne Elementary School and Whittier School which are both within a half-mile to a mile, respectively, from the proposed development. The Streamline Purpleline has a stop on East DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 35 of 36 Main St. near Lindley Park which is rough 0.30 miles away from the proposed development. There are also a variety of commercial, retail, and office uses along East Main Street, a relatively short distance from the proposed development which may provide employment opportunities nearby. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.4 Promote development of accessory dwelling units (ADUs) N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. M-1.11 Prioritize and construct key sidewalk connections and enhancements. City Commission Findings: The City Commission found that N-1.4. was not met as the intent of this goal is to foster the development of ADUs in areas of town in which are already established or developed as a way to achieve more density rather than on a vacant parcel of land with site constraints that can be addressed through proper engineering and design mechanisms. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant and owner, Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 who is represented by Drew Kirsch, C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on February 3, 2022 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022. The applicant posted public notice on the subject property on February 7, 2022. The applicant and/or representative 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 7, 2022. No written public comments have been received at the time this report was compiled. A commenter spoke at the February 7, 2022 Community Development Board public meeting. Please see pages 13-16 for staff’s analysis of the comment as well as further information regarding the Board’s discussion. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 36 of 36 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 Applicant: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 Representative: Drew Kirsch, C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 Report By: Nakeisha Lyon, AICP, Associate Planner Staff Engineer: Karl Johnson, PE, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21419, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive, 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=21-419 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=229372&dbid=0&repo=BOZEMAN 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. DocuSign Envelope ID: 547595D5-F697-4C1A-98C1-8D13ABB5203B