The URL can be used to link to this page

Home My WebLink About14- Legends at Bridger Creek II; Phase 3 Major Subdivision Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 it PLA�2500650 Page: 1 of 26 12/31/2014 09 35,07 AM Fee $182 00 Charlotte Mills - Gallatin County, MT MIsc 1 IIIIIII IIIIII III IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Bozeman City Commission Findings of Fact and Order for the Legends at Bridger Creek II- Phase III Major Subdivision; PI4022 Public Hearing Dates: City Commission meeting is on July 21 and August 11, 2014 Project Description: A preliminary plat for a major subdivision to allow the subdivision of 24.69 acres into 51 single-household lots, related streets, an alley, open space and the re- platting of two lots from Phase 2 of the Legends at Bridger Creek II Subdivision. Project Location: The subject property is generally located between Midfield Street and Creekwood Drive, south of Bridger Creek. The property is legally described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek 11 Subdivision, Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P 14022 and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all applicable code provisions. Report Date: Monday, September 22, 2014 Staff Contact: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) PROJECT SUMMARY The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2"d floor, Missoula, MT 59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771, submitted an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This application will subdivide the remaining 24.69 acres of this project into 51 single-household Iots Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 2 of 26 and related streets and open space. This phase will complete the connection of Boylan Road with Phase 2 to the west and the Creekwood Subdivision to the east. This project will also designate the remaining open space and trail areas south of Bridger Creek as publicly available open space which will be maintained by the Legends at Bridger Creek II Property Owner's Association. Parkland requirements for this project were met with a parkland dedication in Phase 1. One written comment was received prior to the Planning Board meeting and is attached to this report. TABLE OF CONTENTS PROJECTSUMMARY.................................................................................................................. 1 SECTION 1 - MAP SERIES .......................................................................................................... 3 SECTION 2 REQUESTED VARIANCES ................................................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 11 SECTION 5 - RECOMMENDATION AND ACTIONS............................................................. 11 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 12 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14 Preliminary Plat Supplements.............. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 22 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 24 APPENDIX B — DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 25 APPENDIX C —NOTICING AND PUBLIC COMMENT .........................................................25 APPENDIX D —OWNER INFORMATION AND REVIEWING STAFF................................. 26 Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Suhdivision Page 3 of 26 SECTION I -MAP SERIES a xX, IV**"�- Unannexed •r R-1 1' ti ti.:. -gin R/1' Subject Property R-1 - R-S Ce.uer:rty DnYkp•rl � ®•® Zoning Map Legends at Bridger Creek II - Phase III Vicinity Map showing adjacent zoning Surrounding Zoning and Land Uses: North: Unannexed County Land (Across Bridger Creek); Vacant/Agricultural South: Unannexed County Land; Single Household Dwellings East: Zoned R-S (Residential Suburban District): Creekwood Subdivision/Single Household Dwellings West: Zoned R-1 (Residential Single Household Low Density District): Legends at Bridger Creek II—Phase 2; Single Household Dwellings/Lots Findings of Fact& Order for the Legends at Bridger Creek II,Phase III Subdivision Page 4 of 26 Legend ................... AlFY: Res id-bal 1 Ref dentialEmpna:b Mtaed U•e Sububan Res eential — Regional Co—vwl no S-1— Cemmunity Ca! Community Commxwl At&ed Use Business Patt Mood Use Indusblal Pubk Institutions — Paas.Open Spam and R0—tionat Lands — Other Pubft Lards ace eoune Fesent Ruf91 e ,ram Subject ~1 Property i 0 The—p—..N.d bytbe city td B.—D•pa.t—,td �• .r.�Iv..N: Cannurity Dw't1PPment � 130 Future Land Use Map Rer:].Are td.?]ts Legends at Bridger Creek II - Phase III ® 0 one✓•.� n!�n�Jr4 Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 5 of 26 _ Neigborhood Center • _ - - r1 r- i_ Legend Roads �- -- -� Legends at Bridger . Alleys Creek II, Phase III Parcels • Parks 7 �.._.._.._.._� Open Space City Limits ._..�.._.._.._.._ i A. I �e �*K m r..n o.•r.-ry rr. '^y dEczan.en Cl�ayl� �z •�a.K,A,v .NIN: M. °• � Legends at Bridger Creek II •® i$'b•d:V Ia.27N Parks and Open Space Map M CI Summary ,1.1•.nI Findings of Fact& Order for the Legends at Bridger Creek 11, Phase III Subdivision Page 6 of 26 3P• N80.3653^x Ild.�. CN J�56�• '� • '�� P.O.B. PHASE N - --� 4A0.59'WE 5D.00• \ ....rv. iY,R t�\ iu w.� cu x�r 'T"»oe;K, wa, '�,�t .'t•" �"r-i yt ��wx .w <d nC� 1pil:: e A nSl^ :OI 111 lYrt ll: ^Or-Is jF' a NSt'OG'76•E �t:I' oi iv N'a= k; ,vr- Q i]:t n ]I}iSi k noi,ai. NIOi4:lf 4 YtiT S LOT 111 [tLR f1-+0�•::T �` r C'tl 4f1. W An -rr 1 •.• .}a 1<n: RLK rl,i L'S nL: tPr�L 1r5.� jV _ 0. M _ To-s�••A. ''t\► f-, Ila- d )•.a. \.w„t <`AL,. Inr, �k ��+� � �� BOYLANROAD(GO) b w •s�san a —•-_qir yapM1•y',.\ '� :ro Kf �/ l�y �7F..�-—' �_.._�-_'_�_ice-�.0�.� . r- e)•- .� Lb}i.r'.'}, ;fir•• t y .;�. —:. — -" r• ?�•w -P,.t,•1 _ '�+ ,Ld" 'fir^---- LO LJ >< tmi• 101°5 Q.SCE T ib a t• we^9.R K. .`.h'. .:]'rAn ,..` A ��T !2 T I3' d L ... 7" i•C i Q .T / / t�� t� t-]L4 «,< Ts wx_,• .r. �Q Dt > isle. -' xn/ t. .L,r� �.t.. a ROA&M ) iS= nrn :: Ac >: } a .., a lC� / ,� <ypIF a .I �/ ri.i.'_ •per 1• lev�n aw p ti9�,j,- „-Q�R IA)T i1 • �.I r' {�' / d/ by14 ,.n;rs�pf IQ[k F --srf •i `� •� .7� :p�t� 'J r•m» a :?"30 °••As :'};R i- "! JO;}, 'H:Si°:ST' ; rv^� �:� �� ."3,�' _."��'�O I: k - s'�_d :ie ,.,-••x �.,.s a '! .i-ax .r.ln .T 1,� X-Aff M�n:rt .,R _ - r ,�.1 x [:YT r�tM iP A a%>•YI{ -} eiR cln �' lnla � MM[nl }IQ 1� ly B i IOr^i 1•, ;Pr}0 I xrr,M ,r'•nm •f K� K. A i i Y:OT t iR I�•r L/•:Ik nn t l o.f La .L•:1 �. ~ d ' LIT I ' _ wxw. •I ly LOttl � :IX� �� .il� qq t5 I � -QY;. �!5'y::T '• t::<:•. •'n .nn .�.. - -rt a io.n .I 'J ix W n r� aiy'l d. I� t0`n- �ruearr q q vL*' i S �} � � 'L!1 I •� I_ • Id c aFl 6� �I� �.��1 :nt'r, _._ Y1 _-� .. M f-a Kf ea•slrt A ■4 „� - J- A7.1.1:?'(307- >.,w _. -1 _ ro�� -� �---_*1_�.-=•a__ ._Ji.. 1f98•I631 x t<07,1' -__ - __ __e y., Figure 1: Legends 11,Phase 111 Plat Findings of Fact& Order for the Legends at Bridger Creek 11, Phase III Subdivision Page 7 of 26 OVERALL PROPERTY MAP I THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III y .♦ Im Ohl T r J .i 74 I OF � r f1� r• �_ '!ems TILL - - Z .� Findings of Fact& Order for the Legends tit Bridger Creek II, Phase III Subdivision Page 8 of 26 SECTION 2 —REQUESTED VARIANCES No variances have been requested as part of this subdivision. SECTION3 - RECOMMENDED CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: Coliilnunill' Del'a' opillent 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall 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. The Final Plat application shall include three(3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder's office has elected to continue the existing medium requirements of 2 mylars with a I1/2" binding margin on one side for both plats and COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11 x 17 exhibits. 2. 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. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The final plat shall include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. 1, (insert subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 9 of 26 and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE BRIDGE & LAWN.) The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number (To be filled in when recorded) By: , Subdivider Date: 5. The subdivider shall provide the necessary declaration and recitals indicating that the property owner's association bylaws and/or declaration of covenants, conditions and restrictions include this property as being part of the existing Legends at Bridger Creek II property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 6. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: "Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner's association. Maintenance responsibility shall include, 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 or other common open space areas. 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. The property owner's association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner's association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase III." 7. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Findings of Fact& Orderfor the Legends at Bridger Creek II, Phase III Subdivision Page 10 of 26 8. The applicant shall provide a minimum of 1.53 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 51 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase I including the dedicated city park known as the "5 acre park" and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner's association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek 11 on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner's association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner's association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 10. The final plat, property owner's association documents (POA), and park master plan may not include any reference to "dedicated" open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 11. The definition for "parks" in the property owner's association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to "Public Park", unless public parkland is being dedicated with this major subdivision. 12. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 13. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 14. All rights of way that contain City utilities must be a minimum of 30' wide, and cannot contain other utilities. 15. The Title/Certificate sheet shall be amended to remove the "Lot R" label or designation that overlaps the"O.S. 2" (Common Open Space) parcel south of Bridger Creek. Findings of Fact R Order for the Legends at Bridger Creek II, Phase III SlIbdhision Page I 1 of 26 16. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 17. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards. 18. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 19. The developer shall make arrangements with the City Engineering Department to provide addresses for all individual lots in the subdivision prior to the filing of the final plat. 20. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. Any proposed public street lighting shall be LED. 21. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 22. The proposed water main within the right of way of the extension of Boylan Road shall connect to the existing stub at the western terminus of the Creekwood Subdivision to complete the necessary loop of the water network. 23. The surrounding flood plain of Bridger Creek shall be ground-truthed and shown on the final plat to verify no proposed lots will be located within the flood plain. 24. The developer shall install adequate restroom facilities within the Legends at Bridger Creek II, Public Park 1 prior to final plat approval. The location and construction design of the facility shall be reviewed and approved by the Director of Parks, Recreation and Cemetery and the Community Development Department prior to construction. All required building permits shall be acquired prior to commencing construction. 25. Open Space 1 shall be relocated between Lot 115 and Lot 116 to align with the road on the south side of Boylan Road. An additional pedestrian right-of-way 30 feet in width shall be located between proposed Lot 112 and Lot 113 to align with the road on the south side of Boylan Road. SECTION 4- CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. None have been identified SECTION 5-RECOMMENDA TION AND ACTIONS The Development Review Committee (DRC) reviewed the Preliminary Plat application on April 23, 30 and May 7, 2014; and as a result, finds that the application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Findings of Fact& Order fir the Legends at Bridger Creek 11, Phase III Subdivision Page 12 of 26 Unified Development Code. On May 7, 2014 the DRC recommended conditional approval of the preliminary plat application. The Recreation and Parks Advisory Board (RPAB) reviewed the proposed subdivision on May 9, 2014. The RPAB recommended the City Commission approve the proposed subdivision as proposed. The RPAB comments are attached to this report. The Planning Board held a public hearing on this preliminary plat on June 17, 2014. Three members of the public provided oral testimony on the matter of the preliminary plat application expressing concern about the subdivision design in relation to the open space and circulation concerns of the alley or partial road on the southern edge of the property. The following discussion is a brief synopsis of the Board's discussion: ■ The Planning Board considered the general layout of the proposed subdivision and the layout submitted as part of the original PUD in 2006. The physical access to open space and parks was of particular concern to the Board. The proposed lot layout on the north side of Boylan Road creates a physical and visual barrier to the Bridger Creek corridor. The Board recommended Open Space No. 1 be realigned with the public road just to the east between Lot 115 and 116. Please refer to the two images below showing historical concepts of the Legends II Subdivision. • The Board discussed the design of the alley on the southern property line connecting Northview Street and Creekwood Drive. The primary reasoning for the alley design established in the previous approvals was to equally share the width of a future local road dedication requirement between Legends II and future development of Mount Baldy and Ed Vogel Subdivisions. The southern half can be provided at such time as the adjacent owners wish to develop the northern portion of their land. The City Engineering Department has reviewed and approved the alley design. The alley is 1,406.7 feet long. In conclusion, the Planning Board moved and seconded a motion to recommend that the City Commission approve the Legends II, Phase III subdivision. The Board amended the main motion to request the subdivider move the location of Open Space No. 1 to the location described above. The Amendment was unanimously approved (6:0). The Board voted (2:4) to recommend the amended main motion. The motion failed. The City Commission public hearing is scheduled for July 7, 2014 to consider the preliminary plat. SECTION 6-ANALYSIS AND FINDINGS The following 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. Findings of Fact& Order for r the Legends at Bridger Creek II, Phase III Subdivision Page 13 of 26 Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition#1, 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 shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. A preliminary plat application was submitted on April 7, 2014 and was deemed acceptable for initial review on April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30 and May 7, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on April 30, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4, 2014. The site was posted with a public notice on May 2, 2014. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 2, 2014. No comments have been received as of the production date of this report. On June 26, 2014 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission. The Planning Board held a public hearing to consider and make recommendation to the City Commission on June 17, 2014 and the City Commission Findings of Fact& Order for the Legends at Brid;er Creek II, Phase III Subdivision Page 14 of 26 is scheduled to make a final decision at their July 7, 2014 public hearing. The final decision for a Major Subdivision Preliminary Plat with 50 or more lots must be made within 68 80 working days of the date it was deemed adequate; or in this case by August 22, 2014. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 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 All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has remained fallow for several years awaiting development. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop (previous phases). Therefore, the proposed subdivision will have no impacts on agricultural water user facilities. 3) The effect on Local services Water/Sewer — Municipal water and sewer service will connect to City systems and be installed in the adjacent street right-of-ways. Each lot will connect to the constructed water and sewer Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 15 of 26 mains designed to the appropriate design standard and shall be located in the standard location as approved by the Water/Sewer Superintendent. Streets — The DRC has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. In 2013, the City Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That variance approval continues to apply to this subdivision. Police/Fire — The property is located within the City's Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to filing the final plat to facilitate emergency response to the site. Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval. Parklands — 1.53 acres of dedicated parkland or equivalent is required with this major subdivision. This amount is calculated based on 51 single household lots at 0.03 acres per dwelling of dedicated parkland. The applicant has proposed to utilize the available parkland credits associated with the dedicated parkland granted with Phase 1 of this subdivision known as the "5 acre park" north of Boylan Road to the immediate east of this property. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed the proposal on May 9, 2014 and have recommended it for approval. As included in the attached review memorandum, the Committee indicated that they "endorse this proposal, we think the trail development as shown will create an excellent amenity and the dedication requirements have been met to our satisfaction". Recommended conditions of approval have been included to address the final parkland and open space dedication, labeling and maintenance provisions as part of the final plat process. The City Commission considered the developer's request to utilize previously dedicated parkland during the July 21 and August 11, 2014 public hearings to meet parkland dedication requirements for this subdivision. In granting the concession of allowing land outside this subdivision to meet minimum design standards of adopted plans and regulations the Commission amended the subdivision approval motion (time stamp 2:05:30) to require the developer improve the existing park by installing adequate restrooms in the dedicated parkland, the motion was seconded (Condition 24). The Commission noted the Parkland is significant distance from parts of the proposed subdivision. In addition,the Commission found providing public bathroom facilities would further the parks plan and public health and safety. The distance from the park to residences may create unhealthy situation where people utilize the woods or creek for basic Findings of Fuca& Orderfor the Legends at Bridger Creek 11, Phase III Sllbdilisioll Page 16 of 26 human needs. Finally, the Commission noted bathrooms were considered during the original development and is still a good idea today. The amendment passed (5:0). A second amended was made to require two points of access to open space from Boylan Road aligning with two unnamed roads between Lot 115 & 116 and the second 112 & 113, and seconded (Condition 25). The Commission found that although there is substantial open space the additional access furthers the goals and objectives of the PROST Plan and City policy to provide access and visibility to public open space areas. The Applicant was supportive of moving Open Space 1 after hearing from the Planning Board. Referencing 76-3-608, MCA, Subdivision Review Criteria public health and safety and the environment, the Commission found the additional design considerations were necessary to insure adequate access and to further the goals and objectives of the PROST Plan and provide adequate access to the amenities of the development. In addition, the access points provide a more natural flow and eliminate a mid block crossing which in turn decrease the potential of vehicular/pedestrian conflict. The amendment passed (5:0). 4) The effect on the Natural environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. The proposed open space area north of Boylan Road will further protect the riparian area along Bridger Creek. 5) The effect on Wildlife and wildlife habitat The subject property is designated as a residential area according to the City of Bozeman Community Plan and no known endangered species or critical game ranges have been identified on the subject property. The area is zoned for residential development has been transitioning to residential uses. The proposed open space area north of Boylan Road will further protect the riparian area and associated wildlife habitat along Bridger Creek. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on February 26, 2014. With the pre-application plan review application, waivers were requested by the applicant from Fiirdings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 17 of 26 Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" for several of the standard preliminary plat supplements due to original preliminary plat application in 2005. A digital copy of the supplemental information and Environmental Assessment study provided in 2005 is included in the applicant's preliminary plat application. The Community Development Department offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Bridger Creek borders the subdivision on the north side. This watercourse has associated wetlands and floodplain and is proposed to remain in its natural state and be protected with an open space designation as part of this plat and associated wetlands and floodplain setbacks. This open space corridor contains existing trails that link the Legends Subdivision park area to the west and the Creekwood Subdivision parks and open space areas to the east. Any activity within the identified watercourse, wetlands area and/or floodplain areas will require applicable Section 310 and 404 permits and/or floodplain development permits. 38.41.060.A.2 Floodplains The Federal Emergency Management Agency (FEMA) maps for this area were ground truthed with the 2005 Legends at Bridger Creek I1 preliminary plat application to ensure that no improvements for the project will be constructed in the 100-year flood hazard area. The project engineer updated that information with this preliminary plat application in light of the new FEMA maps adopted September 2, 2011. The engineer found that the ground truthed flood hazard boundary established in 2005 generally agrees with the updated map. No work is proposed within the 100 year flood plain. The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. 38.41.060.A.3 Groundwater Groundwater in the area of this preliminary plat application was discussed in the applicant's narrative and based on the information previously provided for the preliminary plat application of Legends at Bridger Creek II Subdivision in 2005. In 2005, the static ground water levels were monitored as being within 5 feet of ground surface. Groundwater depths in the area of Legends 11 vary depending on proximity to Bridger Creek and the associated wetlands and floodplain. The applicant's supplemental information notes that data recorded (2004) from the 11 monitoring wells shows the majority of the southern portion of the property to have ground water depths below the level of the monitoring well, while the northern portion of the property would have a minimum depth to groundwater of 1 to 10 feet from April to July. There is a note on the final plat that there is the potential for seasonal high ground water tables within the area of the subdivision and that due to high ground water conditions, that full or partial basements are not recommended. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems. Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 18 of 26 38.41.060.A.4 Geology, Soils and Slopes There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade are evident. The principle soil types identified by the Department of Natural Resources Conservation Service in the area of the subdivision proposed for development involve two general soil types; Sudworth-Nesda Loams (407A) — which has flooding limitations, and Bandy-Riverwash-Bonebasin Complex (606A) — which has flooding limitations and hydric components. 38.41.060.A.5 Vegetation No mature vegetation or critical vegetation species are found on the site the areas proposed for development. There is mature vegetation located along Bridger Creek which is proposed to remain in its natural state and will be protected by the designated open space. To control the spread of noxious weeds a Memorandum of Understanding with the County Weed District will be required to be submitted with the final plat. The applicant has submitted an updated weed management plan for the site that was approved by the County Weed Board. 38.41.060.A.6 Wildlife Due to the historical use of the property as agricultural lands, filing of the final plat for Legends at Bridger Creek 11, Phase 1 in 2007, and the construction of residential dwellings in proximity to the site, no critical wildlife species have been identified in the immediate area. The 75-foot watercourse setback along the existing Bridger Creek watercourse, wetlands and floodplain will protect the riparian environment already established on the property. The Environmental Assessment wildlife study in 2005 noted that the property in its present condition would only be expected to be marginally used by wildlife. 38.41.060.A.7 Historical Features The Environmental Assessment cultural resources study in 2005 noted that a field reconnaissance and file search was completed by a cultural resources consultant and found that no known cultural resources historical structures existed on the site. 38.41.060.A.8 Agriculture Historically, the subject property had been used for agricultural purposes as part of a larger farmstead until such time that the existing residential subdivisions to the east and west were established. There have been no agricultural operations on the subject property for several years. Installation of streets, infrastructure and utilities, construction of residential development adjacent to the parcel and the limited size of the site eliminates the ability to consider it a viable farming unit. Findings of Fact& Order for the Legends at Bridger Creek H,Phase III Subdivision Page 19 of 26 38.41.060.A.9 Agricultural Water User Facilities The applicant's supplemental information provided with the 2005 Environment Assessment provides information and evidence that the historic agricultural water user facility on the property have been abandoned, and there are no parties with any easement rights associated with this abandoned ditch. 38.41.060.A.10 Water and Sewer Municipal sanitary sewer and water mains exist in the adjacent Boylan Road, Midfield Street, and along the southern boundary of the plat (within the proposed alley as part of this plat). Sewer and water mains are proposed to be extended from these existing right-of-ways/systems to serve all lots. Adequate capacity exists to service the subdivision. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review by the City Engineer's Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management The stormwater management plan for Legends at Bridger Creek Subdivision II was approved with the filing of the final plat for Phase 1 in September 2007 that included storm water runoff from the development of this preliminary plat application and is accounted for in the management plan. Stormwater runoff will be conveyed to a series of detention/retention ponds located throughout the existing subdivision that will treat sediment and oils from the storm water before discharging into the watercourses in the area or allowed to infiltrate in the ground. 38.41.060.A.12 Streets, Roads and Alleys Access to the subdivision is provided by two existing streets, Boylan Road, on both the east and west ends, Midfield Street along the east boundary and a 30 foot alley at both the east and west ends of the plat. The proposed streets and alley provide a final connection of the streets and alley between the Legends II Subdivision and the Creekwood Subdivision. In 2013, the City Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That variance approval continues to apply to this subdivision application. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements as required by Section 38.23.050, BMC. Findings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 20 of 26 38.41.060.A.14 Educational Facilities The applicant solicited comments from the Bozeman School District and received a letter dated March 7, 2014 confirming that the school district has capacity to serve the subdivision. The subdivision is in the Hawthorne Elementary School, Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use This subdivision preliminary plat application proposes residential uses with 51 single-household residential lots that range from 6,000 square feet to 12,544 square feet in size. Under the current R-1 (Residential Single-Household Low Density District) zoning designation, the land use types are listed as principal permitted uses in Chapter 38 of the Unified Development Code (UDC). The proposed subdivision establishes a density of 5.2 dwellings per net acre. 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision were satisfied with the public parklands dedicated with the filing of the final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be 1.53 acres. The Legends at Bridger Creek II Subdivision Phase 1 was platted in 2007. The parkland dedicated with that phase was 5.304 acres. The required parkland dedication for Phase 1 was 1.41 acres (47 lots at .03 acres/lot) and the required parkland dedication for Phase 2 was .78 acres (26 lots at .03 acres/lot). Therefore there was still a 3.11 acre parkland reserve for future phases. A master parks plan was approved by the City Commission on January 16, 2007. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed this proposal on May 9, 2014 and have recommended it for approval. As included in the attached review memorandum, the Committee indicated that they "endorse this proposal, we think the trail development as shown will create an excellent amenity and the dedication requirements have been meet to our satisfaction". Recommended conditions of approval have been included to address the final parkland and open space dedication, labeling and maintenance provisions as part of the final plat process. To provide context for the relationship between the private property on the north side of Boylan Road and the open space adjacent Bridger Creek staff captured the image below from the approval park plan. Findings of•Fact& Order for the Legends at Bridger Creek II, Phase III Srrhdivision Page 21 of 26 6' NATURAL FINES C� DGER CREEK, To, WITH S EATING AREA. LOCATION TO BE DETERMINED BY THE - BOZEMAN TRAILS. OPEN COMMON APPROXIMATE ! SPACE AND PARKS OPEN SPACE 100 YEAR COMMRlEE FLOODPLAIN LINE NATURAL FINES ^� COMMON - TfWL. TYP. OPEN SPACE l ,• .l'. NO17r1RR1GtiTED - ��' t�iTIVE GRASS O .ppp00 !@.-=-O�G„ "�`� 6o STEEL EMNG (7) CL (3) SM (5) CL (2) SS (3) f'T (10) SM (10) SM (2) PN (3) SM (5) CL (6) sM I 1 a (6) SM (5) OL ( 6) (a) Ce (14) KF IN BLVD (9) KF (6) CB (6) MP (3) MP TRAIL ACCESS r. BOYLAN RD Figure 2: Legends II,Phase III Park Plan-partial view. 38.41.060.A.17 Neighborhood Center Plan The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan Road and Northview Street is identified as satisfying the requirements of a neighborhood center for the Legends at Bridger Creek II Subdivision. The dedicated park is of a size and layout that allows for both passive and active recreation, and includes a trail along the Bridger Creek watercourse. The platted location of the park does not meet the following criteria detailed in Section 38.23.020.A.1 or 38.23.020.A.3: the geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along 100% of its perimeter. Staff recommends and finds that these requirements be waived due to the site constraints and the presence of critical lands. The Bridger Creek watercourse corridor is a critical habitat and constrains the site. A public trail is provided in the watercourse corridor parallel to Bridger Creek. Staff has recommended conditions to clarify ownership and maintenance of open space areas and public right-of-way landscape improvements. 38.41.060.A.18 Lighting Plan A Special Improvement Lighting District was created in August of 2008 that included the property proposed for subdivision. This subdivision phase is within the existing district and the proposed streetlights at the intersections and midblock crossing on Boylan Road will be installed and added to the lighting district as minor modifications to the lighting district. The final Fhuiings of Fact& Order for the Legends at Bridger Creek II, Phase III Subdhision Page 22 of 26 lighting plan will need to be submitted for review and approval prior to the installation of lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City's requirement for cut-off shields. 38.41.060.A.19 Miscellaneous There are no public lands, other than parkland, adjacent or within 200 feet of the proposed development. No health or safety hazards on or near the subdivision (i.e., mining activities or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines) have been identified with this preliminary plat application. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance (Ordinance 1710) had been suspended by the City Commission until December 2015. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, 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 this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision with 51 lots on 24.69 acres and associated open spaces, and streets. 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. B. 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, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. C. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development Findings offac•1& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 23 of 26 to ensure that the final plat and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. The Commission voted 4:1 to approve the amended motion to approve subdivision subject to conditions and corrections. D. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant individual extensions to its approval by the Community Development Director for a period of not more than two years, or for more than two years by the City Commission. DATED this 22°d day of September,2014. BOZEMAN CITY COMMISSION JEFF USS May ATTEST: OZE ST• .0 iV City �. . . • o '�LLATIIS G APPROVED AS TO FORM: dRf" ULLIVAN City Attorney Findings of Feet& Order for the Legends at Bridger Creek II, Phase III Suhdii'ision Page 24 of 26 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1 (Residential Single-Household Low Density District). The intent of the R-1 District is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Pursuant to Section 38.08.080, BMC, minimum net density in the R-1 District is five dwellings per net acre. A minimum 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. The proposed subdivision will create 51 residential single-household lots for a density of 5.2 dwellings per net acre. Adopted Growth Policy Designation: The property is designated as "Residential" in the Bozeman Community Plan. The Plan indicates that "This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development." The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged, with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. Findings of Fact& Orderfor the Legends at Bridger Creek 11, Phase IIISuhtlivision Page 25 of 26 APPENDIX B —DETAILED PROJECT DESCRIPTIONAND BACKGROUND Project Description The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2°d floor, Missoula, MT 59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771 submitted an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This application will subdivide the remaining 24.69 acres into 51 single-household lots and related streets and open space. This phase will complete the connection of Boylan Road with Phase 2 to the west and the Creekwood Subdivision to the east. This project will also designate the remaining open space and trail areas south of Bridger Creek as publicly available open space and will be maintained by the Legends at Bridger Creek II Homeowners Association. Parkland requirements for this project were previously met with a parkland dedication in Phase 1. Project Background The subject property is part of the larger Legends at Bridger Creek property/project that was annexed into the City and zoned R-1 in 2007. A previous Planned Unit Development (PUD) and Preliminary Plat was approved for the entire property in 2007. Only phase 1 was completed under that approval in 2007/2008. The previous PUD and Preliminary Plat entitlement expired in 2012. Phase 2 of this subdivision was approved by the City Commission in 2013 and has recently been constructed and finalized. Both Phase 2 and this proposed phase did not rely upon or need the relaxations granted by the original 2007 PUD and have been designed to comply with all current code requirements. APPENDIX C—NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on January 22, 2014. The pre-application was reviewed by the DRC on February 12, 19 and 26, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted supplemental information waivers under 38.41.060, BMC. A complete preliminary plat application was submitted on April 7, 2014 and deemed acceptable for initial review April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30 and May 7, 2014. On April 30, 2014 the DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. On May 9, 2014 the Recreation and Parks Advisory Board met and considered the proposed subdivision. Both the RPAB and the DRC provided favorable recommendations for consideration by the City Commission. Findings of'Fact& Order for the Legends at Bridger Creek II, Phase III Subdivision Page 26 of 26 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4, 2014. The site was posted with a public notice on May 2, 2014. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 2, 2014. No comment on the application has been received as of the date of this report. On June 12, 2014 this subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Bozeman Planning Board and City Commission. The Planning Board is scheduled to consider the application on June 17, 2014. The City Commission is scheduled to make a final decision at their July 7, 2014 public hearing. The final decision for a Major Subdivision Preliminary Plat with 50 or more lots must be made within 80 working days of the date it was deemed complete or in this case by August 22, 2014. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Guinness Partners, Inc., 430 N. Ryman 2°d Floor, Missoula, MT 59802 Representative: Morrison Maierle, Inc., P.O. Box 113, Bozeman, MT 59771 Report By: Tom Rogers, Associate Planner