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HomeMy WebLinkAbout23335 Staff ReportBlackwood Groves Block 14 Administrative Minor Subdivision Preliminary Plat Application No. 23335 Page 1 of 12 23335; Staff Report for the Blackwood Groves Block 14 Administrative Minor Subdivision Preliminary Plat Project Description: An administrative minor subdivision preliminary plat application to create two residential lots, Lots 1A and 1B, from a single 4.5 acre Lot 1 of Block 14 of the 9-lot Blackwood Groves Subdivision Phase 2 Final Plat (Project 22242). The subdivision lies within a REMU, Residential Emphasis Mixed Use zoning district and residential developments have been approved for each of the proposed new lots. Project Location: The property is described as Lot 1, Block 14, Blackwood Groves Subdivision, Phase 2 located in the SW ¼ of S24, T2 S, R5 E of P.M.M., City of Bozeman, Gallatin County, MT. It is unaddressed and is located south of W. Graf Street, west of S. 15th Avenue and east of S. 19th Avenue. Staff Finding: The application conforms to standards and is sufficient for approval with the standard recommended code provision. Subdivision Review Process: Pursuant to Montana Code Annotated (MCA) Section 76.3.620. (6) through (9) and the March 19, 2024 Bozeman City Commission Resolution No. 5583, this application qualifies for Administrative Review by the Director of Community Planning. Report Date: April 17, 2024 Staff Contact: Susana Montana, Senior Planner Alicia Paz Soliz, Project Engineer EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. 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. Unresolved Issues. There are no unresolved issues associated with this application. Project Summary The Department of Community Development received a Preliminary Plat application on January 31, 2024, requesting to subdivide the 4.5 acre Lot 1 of Block 14 of the 9-lot Blackwood Groves Phase 2 subdivision to create two residential lots. The northern, 3.6 acre lot would contain 55 detached single-household dwelling units and the 0.9 acre southern lot would contain two apartment buildings with a combined 20 dwelling units. Both of these proposed residential development have approved site plans and building permits and are under construction. Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 2 of 12 On April 17, 2024, the Development Review Committee (DRC) found the application adequate and sufficient for continued review and recommends the conditions and code provisions identified in this report. Pursuant to 76-3-609 (8) MCA, for an administrative minor subdivision, notice of this application was mailed via 1st class mail to owners of property immediately adjoining the land included in the preliminary plat and to each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat. The final decision for this preliminary plat must be made by within 30 working days of the date the application was deemed adequate for review, per 76-3-604(1) through (3) MCA, or by May 28, 2024. Decision Objection Process If an aggrieved party identified in 76-3-625 (3) and (4) objects to the Director of Community Development’s decision on this application, the party may request in writing that the Director forward the application to the City Commission as the governing body. The governing body has 15 working days from the receipt of the request to review a decision to approve, conditionally approve, or deny the administrative minor subdivision and make a final determination. DIRECTOR OF COMMUNITY DEVELOPMENT Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 3 of 12 SECTION 1 – MAP SERIES Figure 1 – Zoning Figure 2 – Current Blackwood Groves Major Subdivision Preliminary Plat (Block 14 in red) Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 4 of 12 Figure 3: Current Blackwood Groves Phase 2 Subdivision Final Plat (Block 14 in red) Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 5 of 12 Figure 4 – Proposed Block 14 Preliminary Plat as seen with the approved residential developments. Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 6 of 12 Figure 5 – Block 14 Preliminary Plat Blackwood Groves Block 14 Administrative Minor Subdivision Preliminary Plat Application No. 23335 Page 7 of 12 SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL Recommended Conditions of Approval: None requested. SECTION 3 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions noted herein does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS Summary of Staff Review The Department of Community Development received this preliminary plat application on January 31, 2024. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on March 8, 2024. A revised application was received on April 17, 2024. The DRC determined the application was adequate for continued review on April 17, 2024 and recommended conditions of approval and code corrections for the staff report. Community Development staff and the Bozeman Development Review Committee (DRC) reviewed the preliminary plat against all applicable regulations and on April 17, 2024 determined that the revised application complies with the BMC and all other relevant regulations with conditions and code corrections. This report contains a required code provision as recommended by the DRC for consideration by the Director to complete the application processing for final plat approval. On April 17, 2024, this major administrative subdivision staff report was completed and forwarded to the Director with a recommendation for approval. SECTION 5 – 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. Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 8 of 12 Applicable Subdivision Review Criteria of Title 76, Chapter 3, Part 6, Section 76-3-609 of the Montana Code Annotated (MCA) and Section 38.240.150.B of the Bozeman Municipal Code (BMC). In considering applications for subdivision approval under this title, the Director of Community Development Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in 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 Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. There are no conditions or particular code provision necessary to for this minor subdivision to meet all municipal standards. The listed code requirement is standard for all applications to address necessary documentation and compliance with standards. Therefore, upon satisfaction of all applicable code provisions, the subdivision final plat will comply with subdivision regulations. 3) Compliance with the review procedures for minor subdivisions provided for by Title 76, Chapter 3, Part 6, Section 76-3-609 of the MCA. 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 Director of the Community Development Department will make the final decision on the subdivider’s request for this minor subdivision. (1) The proposed minor subdivision lies within a REMU, Residential Emphasis Mixed Use, zoning district and the property lies within an approved Master Site Plan for the Blackwood Groves mixed use development (Project 20292). The proposed minor subdivision complies with the REMU zoning and Blackwood Groves Master Site Plan with regard to size, configuration, density, connections to public streets and parks and land use. As shown in Figure 4 above, the proposed Lot 1A has an approved site plan to develop 55 small detached single-household dwelling units (“cottages”) and the proposed Lot 1B has an approved site plan to develop 20 apartment dwelling units. Both projects meet the REMU intensity, density, height and bulk and land use standards. (2) The proposed new Lots 1A and 1B will be served by municipal water and sanitary sewer services. 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 Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 9 of 12 Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. The proposed subdivision provides and depicts all necessary utilities and required utility easements. All easements, existing and proposed, will be accurately depicted and addressed on the final plat and in the final plat application. Cash-in-lieu of water rights (CILWR) were paid for the Block 14 Cottages (#22324) and the Block 14 Arbor House (#23043). Easements on the property have been executed/recorded and all conditions of approval of the Blackwood Groves Phase 2 Block 14 subdivision have been met. (3) Each of the proposed Lots 1A and 1B provide legal and physical access to a public street. Both proposed lots have frontage on public streets constructed to City standards with lot frontage meeting minimum standards. (4) Neither proposed lots require a variance from any local or state subdivision standard. 4) Compliance with Chapter 38 of the Bozeman Municipal Code (BMC) and other relevant regulations. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) began a subdivision pre-application plan review on August 3, 2023 and completed its review on November 27, 2023. No variances were requested. Because the two-lot split qualifies as an administrative minor subdivision pursuant to Section 76- 3-609 MCA, per subsection (7)(a) this minor subdivision is exempt from submitting the “summary of probable impacts” of the subdivision per BMC 38.220.060. However, the Applicant has provided the following summary of the “no impacts” of the proposed lot split. BMC 38.220.060.A.1 – Surface water. The subdivision area does not contain any natural or artificial water systems. 1. 38.220.060.A.2 - Floodplains The subdivision area does not contain any natural or artificial water systems and their associated floodplains. 2. 38.220.060.A.3 - Groundwater. The groundwater depths were reviewed as part of the overall subdivision permitting of the Blackwood Groves Subdivision. These groundwater depths are known and are accounted for in the project design. 3. 38.220.060.A.4 - Geology, Soils and Slopes. There are no geologic hazards or unusual features located within the proposed subdivision. The site slopes gradually to the north/northwest – the existing contours are included on the pre-application plat map. The geotechnical report for the overall Blackwood Groves Subdivision was reviewed as part Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 10 of 12 of the subdivision permitting process. Recommendations from the geotechnical report will be followed within this development. 4. Vegetation38.220.060.A.5 - There are no known critical plant communities within or adjacent to the subdivision area. The perimeter of the parcel has been disturbed by the Phase 2 infrastructure construction. The subdivision area was previously cultivated for wheat and alfalfa, so no native vegetation was found within the proposed subdivision area. Noxious weed management is ongoing in accordance with the approved Memorandum of Understanding for the overall Subdivision with the Gallatin County Weed Department. 5. 38.220.060.A.6 – Wildlife. There are no known endangered species or species of concern which use the area affected by this subdivision. The proposed subdivision is surrounded by City streets and is urban in nature. There are no known critical areas located within the subdivision area. 6. 38.220.060.A.7 – Agriculture. There are no current agricultural uses within or adjacent to the subdivision area. 7. 38.220.060.A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on or adjacent to the subdivision area. 8. 9. 38.220.060.A.9 - Water and Sewer. The water and sanitary sewer design reports were previously approved for all proposed dwelling units during the site plan review for the Cottages (#22324) and the Arbor Houses (#23043). This subdivision does not propose any additional dwelling units or uses beyond those that have been previously approved. Cash in lieu of water rights have been paid by the Applicant for the two aforementioned developments on the property. 10. 38.220.060.A.10 - Stormwater Management. The stormwater management design reports were previously approved for the proposed development during the site plan review for the Cottages (#22324) and the Arbor Houses (#23043). No changes to these stormwater management plans are proposed. 11. 38.220.060.A.11 - Streets, Roads and Alleys. The public streets surrounding the subdivision have all been installed and dedicated to the City. There is a private drive aisle that runs through the south end of the property which has a shared-access easement attached to it as it provides access to both Lot 1A and Lot 1B. 12. 38.220.060.A.12 – Non-Municipal Utilities. The non-municipal utilities have already been installed around the perimeter of the proposed subdivision and connection is readily available for the projects proposed within this subdivision. 13. 8.220.060.A.13 - Land Use. The land uses within the proposed subdivision are fully known with the approved site plan applications for the Cottages (#22324) and Arbor Houses (#23043). 14. 38.220.060.A.14 - Parks and Recreation Facilities. This subdivision does not propose any new dwelling units. The parkland requirements have been satisfied by the Blackwood Groves Subdivision as reviewed and approved by the review of the site plan applications for the Cottages (#22324) and Arbor Houses (#23043). 15. 38.220.060.A.15 - Neighborhood Center Plan. The subdivision does not include a neighborhood center plan. The neighborhood centers for the overall Blackwood Groves Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 11 of 12 Subdivision were reviewed and approved by the Master Site Plan/Preliminary Plat review of the Subdivision. 16. 38.220.060.A.16 - Lighting Plan. No additional public or private lighting is proposed with this subdivision. 17. 38.220.060.A.17 - Miscellaneous. There are no other special considerations for this subdivision – the proposal does not affect public access to public lands, there are no known health or safety hazards on or adjacent to the subdivision, and the property is not located within the wildlands-urban interface. 18. 38.220.060.A.18 - Affordable Housing. The subdivision does not propose any new dwelling units and is not subject to any affordable housing requirements. 20. 38.220.060.A.19 – Adopted Growth Policy Plan. The proposed subdivision positively addresses the following Bozeman Community Plan 2020 goals: Bozeman Community Plan 2020 Goal N-1: Support well-planned, walkable neighborhoods. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed area over time. The subdivision does not have a measurable impact on the Growth Policy Plan as it does not include any additional dwelling units or uses beyond those approved with the underlying Blackwood Groves Master Site Plan (Project # 20292), Preliminary Plat (#20447) and the site plan applications for the Cottages of the proposed new Lot 1A (#22324) and the Arbor Houses apartments of the proposed new Lot 1B (#23043). APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The Blackwood Groves Subdivision is an approximately 120-acre mixed use neighborhood with a mix of housing types, a commercial node intended for neighborhood-serving retail, service and recreational uses, parks and open space networks with public trails connecting these resources, and a wetlands natural area along the eastern edge of the neighborhood. Adopted Growth Policy Designation: This proposed administrative minor subdivision property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. Non-residential uses are expected to be pedestrian oriented and Blackwood Groves Administrative Minor Subdivision Preliminary Plat Staff Report; 23335 Page 12 of 12 emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. The proposed subdivision is meeting the 2020 Plan with a mix of housing types that are connected to the surrounding neighborhood and broader community with parks, open space areas and public trails. This proposed subdivision would provide small, detached single-household dwelling units in the northern Lot 1A and apartment building dwellings in the southern Lot 1B. APPENDIX B – NOTICING AND PUBLIC COMMENT Public Notice. Pursuant to Section 76-3-609(8), the applicant on March 8, 2024 mailed via 1st class mail a public notice of this administrative minor subdivision preliminary plat application to owners of property adjoining the subject property and to each purchaser under contract for deed of property immediately adjoining the property. Notice was provided at least 15 working days and not more than 45 working days prior to the Director’s decision per BMC 38.220.420. No public comment has been received on this application as of the writing of this report. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Blackwood Land Fund LLC, 115 W. Kagy Blvd., Suite L, Bozeman, MT 59715. Applicant: Bridger Land Group, 115 W. Kagy Blvd., Suite L, Bozeman, MT 59715. Report By: Susana Montana, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally here or at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=287787&cr=1 as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.