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HomeMy WebLinkAboutC5. Cottonwood FOF Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Heather Davis, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Cottonwood Corner Subsequent Minor Subdivision Preliminary Plat Application P14059 Findings of Fact and Order MEETING DATE: April 6, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Findings of Fact and Order for the Cottonwood Corner Minor Subdivision Preliminary Plat Application. BACKGROUND: On February 10, 2015, the City Commission held a public meeting for an application for preliminary plat approval of the Cottonwood Corner Subsequent Minor Subdivision. The Commission unanimously (5:0) approved the proposed subdivision application subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall provide a written statement to the applicant detailing the circumstances of the condition imposition. The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. The Findings of Fact and Order can be found in Section 7 of the attachment. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. 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. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: February 10, 2015 78 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Page 1 of 23 Bozeman City Commission Findings of Fact and Order Cottonwood Corner Minor Subdivision Preliminary Plat P14059 Public Hearing Dates: City Commission meeting was on February 9, 2015 Project Description: A preliminary plat for a subsequent minor subdivision approval to allow the further subdivision of an existing lot of 3.8 acres into two lots with a common open space lot for stormwater facilities generally located southeast of the intersection of Cottonwood Road and West Babcock Street. Project Location: The property is located at 86 S. Cottonwood Road. The property is described as Lot 1 of Minor Subdivision No. 340, located in the Southwest One-Quarter of Section 10, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code provisions. 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 P14059 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. Report Date: Wednesday, April 01, 2015 Staff Contact: Heather Davis, Associate Planner Brian Heaston, Project Engineer Agenda Item Type: Action (Quasi-judicial) 79 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 2 of 23 EXECUTIVE SUMMARY Project Summary The property owner, 2B Holdings, LLC, PO Box 10968, Bozeman, MT 59719, represented by C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718, submitted a preliminary plat application for a subsequent minor subdivision approval to allow the further subdivision of an existing lot of 3.8 acres into two lots and with a common open space lot for stormwater facilites, generally located southeast of the intersection of Cottonwood Road and West Babcock Street. The property is zoned on the northern half as B-1 (Neighborhood Business District) and on the southern half as R-O (Residential – Office District). The City Commission approved a Zone Map Amendment for the subject property on November 10, 2014 to amend the zoning map on approximately 0.73 acres from B-1 (Neighborhood Business District) to R-O (Residential Office District). The new lot line will align with the two zoning districts. No parkland is required for this subdivision. No subdivision or zoning variances are requested. No public comment has been received. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by April 8, 2015. Unresolved Issues There are no known unresolved issues at this time. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 80 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Project Summary ................................................................................................................. 2 Unresolved Issues ............................................................................................................... 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 6 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 11 SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 Preliminary Plat Supplements ........................................................................................... 15 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 18 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 21 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23 81 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 4 of 23 SECTION 1 - MAP SERIES 82 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 5 of 23 83 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 6 of 23 Figure 1: Proposed Preliminary Plat SECTION 2 – REQUESTED VARIANCES No variances are requested as noted in the Executive Summary. 1) No variances are being requested. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the planned unit development. Recommended Conditions of Approval: 84 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 7 of 23 1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats 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 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. 2. A Conditions of Approval sheet shall be included as the final sheet of the plat. 3. 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. 4. 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. 5. Watercourse setback noted on the plat shall be updated from 35’ to 50’ and be shown only on the conditions of approval sheet. 6. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: 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: Common Open Space parcel. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (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 and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). 85 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 8 of 23 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: _____________________________ 7. Prior to final plat approval, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a quit claim deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners’ association. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon owned open space, the subdivider shall provide the property owners’ association an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 8. No build restrictions shall be placed on the lots until public water, sewer, and storm drainage improvements are constructed. 9. Unless otherwise filed with property, Waivers of Right to Protest Creation of SIDs shall be filed with the County Clerk & Recorder for the following: i. Street Improvements to West Babcock Street. ii. Street Improvements to Cottonwood Road iii. Intersection improvements to West Babcock and Cottonwood Road. iv. Intersection improvements to West Durston and Cottonwood Road 10. The sewer capacity for the new lots when developed is limited to the allocation provided in the Valley West trunk sewer report for the parent tract. 11. Babcock Street sidewalk shall be constructed prior to filing the final plat. 12. A stormwater detention pond sized per city standards for the entire contributing area shall be constructed within a common open space parcel. An overall stormwater plan shall be provided and approved by the City Engineer. A maintenance plan shall be provided for the pond. Maintenance will be the responsibility of the property owners’ association. 13. An access easement granted to the City of Bozeman shall be provided to the common open space lot to provide access to the stormwater facilities. 14. A Stormwater Management Permit (SMP) must be submitted and approved by the City Engineer prior to construction of public infrastructure improvements. The SMP requires submittal of an application form, a stormwater management plan, and payment of fees in compliance with the city’s stormwater management ordinance #1763. The SMP is 86 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 9 of 23 independent of any other stormwater permitting required from the state of Montana and does not fulfill the requirement to obtain a general permit for stormwater discharges associated with construction activity if required under state rules. 15. Stream permits shall be obtained prior to beginning any construction activities within the unnamed tributary of Baxter Creek. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS a. 38.23.080.D “Stormwater retention/detention facilities” – Stormwater retention or detention ponds must be constructed and contained on an individual lot as a common area and shall be maintained by the property owners’ association and noted accordingly in the protective covenants. b. Per Section 38.23.080.H “Landscape Amenities” - Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope. This will need to include in a landscape plan submitted for review with the final plat. c. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on all external streets. Street trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. d. Per Section 38.23.080.D “Grading and Drainage” - Proposed storm water facilities must be constructed and contained on an individual lot as a common open space area(s) owned and maintained by the property owners’ association and noted accordingly on the plat and in the protective covenants. e. Section 38.38.020.A and B “Property owners’ association.” A. General. If common property is to be deeded to the property owners association or similar organization, of if the property owners association will be responsible for the maintenance of the development's streets, centers, landscaping in street boulevards, park land or pathways, property owners association bylaws or the declaration of covenants, conditions and restrictions shall be prepared and recorded with the final plat. 87 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 10 of 23 B. Bylaws or covenants, conditions and restrictions contents. The property owners' association bylaws or declaration of covenants, conditions and restrictions shall contain the following information: 1. Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. 2. Common land/facilities. The legal description of the common land and a description of common facilities. 3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and payment of assessments, including the city. 4. Perpetual reservation. Perpetual reservation and limited use of common property. 5. Right to use. The right of each property or unit owner to use and enjoyment of any common property or facility. 6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association. 7. Assessments. A mechanism to assess the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums. Assessments shall require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided. 8. A mechanism for resolving disputes among the owners or association members. 9. The conditions and timing of the transfer of ownership and control of land facilities to the association. 10. Any other matter the developer or the city deems appropriate. 11. In the event it becomes necessary for a property owners association to retain an attorney to enforce any of the association bylaws or covenants, conditions and restrictions, then the prevailing party shall be entitled to reasonable attorney's fees and costs. f. Section 38.38.020 “Property owners’ association.” - All areas reserved for open space and other common areas (i.e., storm water facilities to be owned and maintained by the property owners’ association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. If public access is available to the open spaces then it shall be so noted in the homeowner’s association documents and on the plat. 88 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 11 of 23 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Cottonwood Corner Subsequent Minor Subdivision Preliminary Plat File: P14059 Development Review Committee The Development Review Committee (DRC) reviewed the Preliminary Plat application on December 31, 2014, January 7, and January 21, 2015. On January 21, 2015, the DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, finds that the application, with conditions, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. On January 21, 2015, the DRC recommended conditional approval of the preliminary plat application. SECTION 6 - STAFF ANALYSIS AND FINDINGS 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. 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 No. 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. Therefore, the subdivision will be in compliance with the subdivision regulations. 89 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 12 of 23 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. A preliminary plat application was submitted on December 10, 2014. The preliminary plat was reviewed by the DRC on December 31, and January 7. The application was deemed to not include all the required elements for review. Additional information was required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on January 15, 2015 the application was deemed acceptable for further review. The DRC and determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on January 21, 2015. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, January 18, 2015. The site was posted with a public notice on January 22, 2015. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on January 23, 2015. No comment has been received as of the production date of this report. On January 29, 2015 this subsequent minor 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 at their February 9, 2015 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by April 8, 2015. 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. 90 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 13 of 23 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 as shown on the preliminary plat. A 1’ no access strip runs the length of the properties along Cottonwood Road. Access to Cottonwood Road at the south end of the subdivision will be provided through the existing shared access easement previously granted. The access for the proposed northern parcel will be in conjunction with the southern lot and/or accessed off West Babcock Street as determined through future site plan review. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture No agriculture uses exist on the site. The subject property is designated as community commercial mixed use and residential area according to the City of Bozeman Community Plan. The property is zoned B-1 (Neighborhood Business District) and R-O (Residential – Office District), and has previously undergone subdivision review and approval. The property immediately to the east is vacant but is also zoned as Residential Office. Property to the south is also zoned as Residential Office and is developed as three multi-household dwelling buildings. The property is planned for urban scale and intensity of development. Therefore, this subsequent subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were identified on the subject property. Therefore, this subsequent subdivision will not have adverse effects on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent right-of-ways. No additional water and sewer mains are required to service the proposed subdivision at this time. Each lot will connect to the newly constructed water and sewer mains designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent upon further development. Condition No. 7 states that no build restrictions shall be placed on the lots until public water, sewer, and storm drainage improvements are constructed. No construction can occur on these platted lots until the water/sewer infrastructure has been installed at City standards. The sewer capacity for the new lots when developed is limited to the allocation provided in the Valley West trunk sewer report for the parent tract. Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. Any new site plan development of the subdivision will require review of the traffic impact and may require improvements to Babcock and Cottonwood Roads. 91 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 14 of 23 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. Specific location for storm water area is show on the face of the plat within the common open space lot. Parklands – No parkland dedication or cash-in-lieu is required with a minor subdivision. Future site plan development within the subdivision will require compliance with the parkland dedication. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. An unnamed tributary to Baxter Creek exists on the west side of the property. Flow is intermittent.. As noted under criteria one above, the property is designated as a commercial mixed use and residential area according to the City of Bozeman Community Plan. The area is zoned for neighborhood business and residential- office development, has previously undergone subdivision review and approval, and has begun to be developed. Watercourse setbacks required in the Unified Development Code will provide a buffer between any site development and the watercourse. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife habitat. The impacts to habitat areas were addressed during the review of the original minor subdivision. The project is in an urban area identified for development. 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, with exception to the items called out in the no-build restrictions recorded with the plat. The no-build restrictions will require the necessary infrastructure to be brought up to city standards before any future construction can occur on the lots. 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 92 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 15 of 23 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 October 22, 2014. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-application plan review application for: 1) floodplains, 2) groundwater, 3) geology-soils- slopes, 4) vegetation, 5) wildlife, 6) historical features, 7) agriculture, 8) land use, 9) neighborhood center, 10) lighting plan, 11) miscellaneous, and 12) affordable housing. A waiver to the supplemental information for 1) surface water, 2) parks and recreation facilities, 3) stormwater management, 4) agricultural water user facilities were not granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water An unnamed tributary to Baxter Creek exists along the west edge of the property, paralleling Cottonwood Road. The preliminary plat shows this creek (and attached wetlands) as well as the associated 50-ft watercourse/wetland setback. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. There are no known geologic hazards associated with the site. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. No significant or critical vegetation exists on the subject property. Noxious weeds are being controlled by the required Noxious Weed Management Plan. 93 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 16 of 23 38.41.060.A.6 Wildlife Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. This is a developing urban area. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. This is a developing urban area. There is no indication of any prehistoric or historic cultural resources on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. This is a developing area and this property is not used for agriculture. 38.41.060.A.9 Agricultural Water User Facilities There are no agricultural water user facilities on the property. An unnamed tributary to Baxter Creek exists on the west side of the property. Flow is intermittent and no agricultural water user facilities exist to draw or divert any water from the channel. The reach is proposed to be piped in the future which will reduce water losses due to evaporation or infiltration in the channel. The proposed pipe route will follow the straight course of the current channel. 38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system at the time of future development. Public infrastructure improvements adjacent to the property (water, and sewer) have been deferred until the time of future development. 38.41.060.A.11 Stormwater Management Stormwater facilities have been designed to meet minimum requirements of the City of Bozeman stormwater requirements. Preliminary calculations for sizing stormwater facilities have been provided with this application. An open space lot will provide appropriately sized retention pond and will be used by future site plan development. Conditions are required for maintenance of the stormwater facility and City of Bozeman access, see conditions No’s 12 and 13 and all of the cited code provisions. 38.41.060.A.12 Streets, Roads and Alleys The proposed subdivision has legal access to West Babcock Street and to the existing access road off of Cottonwood Road to the West Edge Condominiums along the southern-most property line. West Babcock Street is a collector street and Cottonwood Road is a primary arterial street. A 1-ft no-access strip along Cottonwood Road has been included along the west side of the property. Access to Cottonwood Road at the south end of the subdivision will be provided through the existing 30-ft x 30-ft access easement granted through Minor Subdivision #340. Any 94 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 17 of 23 new site plan development of the subdivision will require review of the traffic impact and may require improvements to West Babcock and Cottonwood Roads. 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 along all front, side and rear lot lines as required by Section 38.23.050, BMC. 38.41.060.A.14 Educational Facilities Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. No additional density is being proposed with this subdivision. 38.41.060.A.15 Land Use Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The lot dimensions comply with the zoning designation of B-1 and R-O. 38.41.060.A.16 Parks and Recreation Facilities No parkland dedication or cash-in-lieu is required with a minor subdivision. Future site plan development within the subdivision will require compliance with the parkland dedication. 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. A neighborhood center is not included with this subdivision. 38.41.060.A.18 Lighting Plan Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. A Lighting Plan will be submitted with the site plan application for the new lots. Street lights currently exist along the length of Cottonwood Road and at the intersection of Babcock and Cottonwood. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing requirements, Section 10.8, BMC, have been deferred by the City Commission. 95 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 18 of 23 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 minor subdivision to allow the subdivision of 3.8 acres into two lots with a common open space lot for stormwater facilities generally located southeast of the intersection of Cottonwood Road and West Babcock Street. 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. 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. D. 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 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. E. 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 an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this _______day of , 2015. 96 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 19 of 23 BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 97 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 20 of 23 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The intent of the R-O residential-office district is to provide for and encourage the development of multihousehold and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. Section 38.08.010, BMC The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development Scale and pedestrian orientation are important elements of this district.” Section 38.10.010, BMC Adopted Growth Policy Designation: The property is designated as half “Residential” and half “Community Commercial Mixed Use” in the Bozeman Community Plan. Residential- 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. Community Commercial Mixed Use- Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate 98 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 21 of 23 efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The property owner, 2B Holdings, LLC., PO Box 10968, Bozeman, MT 59719, represented by C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 submitted a preliminary plat application for a subsequent minor subdivision approval to allow the further subdivision of an existing lot of 3.8 acres to into two lots and with a common open space lot for stormwater facilites generally located southeast of the intersection of Cottonwood Road and West Babcock Street. The property is zoned the northern half B-1 (Neighborhood Business District) and the southern half R-O (Residential – Office District). The new lot line will divide 99 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 22 of 23 the property between the two zoning districts. No parkland is required for this subdivision. No subdivision or zoning variances are requested. No public comment has been received. Project Background The area has been annexed since 1997. The area has seen substantial urban scale development since that time. The property is planned for urban scale and intensity of development. The property immediately to the east is vacant but is also zoned as Residential Office. Property to the south is also zoned as Residential Office and is developed as three multi-household dwelling buildings. The City encourages intensity of development to lessen outward pressure on city growth and to support a healthy mix of uses and services within the community. The subject lot was created with Minor Subdivision #340 that was filed on May 19, 2004. The City Commission approved a Zone Map Amendment for the subject property on November 10, 2014 to amend the zoning map on approximately 0.73 acres from B-1 (Neighborhood Business District) to R-O (Residential Office District). The new lot line will align with the two zoning districts. APPENDIX C – NOTICING AND PUBLIC COMMENT A preliminary plat application was submitted on December 10, 2014. The preliminary plat was reviewed by the DRC on December 31, and January 7. The application was deemed to not include all the required elements for review. Additional information was required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on January 15, 2015 the application was deemed acceptable for further review. The DRC and determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on January 21, 2015. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, January 18, 2015. The site was posted with a public notice on January 22, 2015. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on January 23, 2015. No comment has been received as of the production date of this report. On January 29, 2015 this subsequent minor 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 at their February 9, 2015 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by April 8, 2015. 100 P14059 Findings of Fact for the Cottonwood Corner Minor Subdivision Page 23 of 23 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: 2B Holdings, LLC, PO Box 10968 Bozeman, MT 59719 Representative: C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT 59718 Report By: Heather Davis, Associate Planner The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 101