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HomeMy WebLinkAbout15- The Sundance Minor Subdivision Preliminary Plat Findings of Fact Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 BOZEMAN CITY COMMISSION FINDING OF FACT AND ORDER FOR THE S UNDANCE MINOR SUBDIVISION PRELIMINARY PLAT; P14052 Date: City Commission meeting on March 2, 2015 Item: Sundance Minor Subdivision Preliminary Plat to subdivide 28.210 acres into four (4) commercial lots, one (1) open space lot, and the remaining area as street rights-of-way. Project Location: Project is located northwest of the intersection of Baxter and Davis Lanes described as Lot R, Baxter Meadows Subdivision, Phase 2B, Located in the Southeast One-Quarter (SE I/4) of Section 34, Township One South (T1 S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Action: Approved with conditions 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 14052 and move to approve the Sundance minor subdivision with conditions and subject to all applicable code provisions. Report Date: Monday, March 23, 2015 Staff Contact: Tom Rogers, AICP, Associate Planner Bob Murray, P.E., Project Engineer Agenda Item Type: Action (Quasi-judicial) P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 2 of 31 EXECUTIVE SUMMARY Unresolved Issues None. Project Summary The project proposes subdividing 28.210 acres into four (4) commercial lots for further development in a B-2 (Community Business) District in three phases as indicated on the preliminary plat. The property falls within the original Baxter Meadows development and received concept plan approval. However, all previously granted approvals have expired. A subdivision pre-application was submitted on January 29, 2014 proposing a 9.4 acre lot for the second phase of the Sundance Apartment development, 62 residential townhomes, two commercial lots designed to accommodate 20,000 to 30,000 square feet of professional and medical office space, and a 1.9 acre park within the townhome development. Applicants have since redesigned the subdivision to be as presented 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. Table of Contents EXECUTIVESUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 ProjectSummary................................................................................................................. 2 Alternatives......................................................................................................................... 2 SECTION1 -MAP SERIES .......................................................................................................... 4 PR14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 3 of 31 SECTION 2—REQUESTED VARIANCES ................................................................................. 9 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 14 SECTION 5 -RECOMMENDATION AND FUTURE ACTIONS ............................................ 14 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17 Preliminary Plat Supplements........................................................................................... 20 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 24 APPENDIX A—ADVISORY CODE CITATIONS..................................................................... 26 APPENDIX B—PROJECT SITE ZONING AND GROWTH POLICY..................................... 26 APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 30 APPENDIX D—NOTICING AND PUBLIC COMMENT......................................................... 30 APPENDIX E—OWNER INFORMATION AND REVIEWING STAFF................................. 31 FISCALEFFECTS....................................................................................................................... 31 ATTACHMENTS......................................................................................................................... 31 R-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 4 of 31 SECTION l -MAP SERIES 411 f �� , ; - Sundance MiSub i 7.1 R_4� -- Prel. Plat - proposed I 4 f. subdivision of 28.210 acres into 4 lots with 1 = ) associated site �I improvements. Y P 14052 R� � �� � ;_i SUBMITTED GALL0�1'AV ST n. I !rr �s,;. 10-15-14 ,� ln�� l,� ,�JI■6�,�II " -EQUESTRIANaLN� s M iv t�i ���wj N BOSALsST- , OWUa � .a"w�•-.w HE ' TSCHpCHE�LIY :] a�„��y ��,�pT 6�eo c/rG ae WF=1 Legend ' .l � R'3.� n„•,c Parcels ` MONIDA ST A -. __- ; 0 Zoning Districts c,� CityLmiLs IW, SWkd Vicinity Map showing adjacent zoning CCU Q� CO a - w I F - mt ' 4 F L� , F kV 13lJCKRAKbI `` �.• a� ti a _ I N 1 NJAV t., HAV NVWSV:-) _ 51AV N\'IdS\';)im . 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Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. 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. 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 BMC or State law. 3. A Conditions and Notes sheet shall be included with each final plat. 4. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 5. If the subdivision is not platted in accordance with and in alphabetical order as shown on the preliminary plat the City may require infrastructure improvements outside the phase boundary including but not limited to water, sewer, street, and stormwater facilities. 6. All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces. 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 City of all dedicated parkland and any open space proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the City. 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 P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 10 of 31 property installed upon dedicated parkland or City owned open space, the subdivider shall provide the City 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. 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 parcels designated with letters A, B, C, D, etc. 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). 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: 9. The property owners association documents for this subdivision shall be drafted so that the entirety of the property being subdivided in all phases is subjected to the obligations of park and open space maintenance at the time of the recording of the final plat of the first phase. Contribution to maintenance expenses may be proportionate to the number of lots platted. 10. The property owner's association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Sundance Property Owners Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Sundance Property Owners Association. The provisions in the property owner's association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.38.030.A.5, BMC. The City may release the Sundance Property Owners Association from the obligation to maintain parks dedicated to the City at the City's discretion. P-I4052, Finding of Fact and Order for the Sundance Minor Subdivision Page 11 of 31 11. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas in each phase is required prior to the final plat application of that phase in accordance with the requirements of Section 38.27.070 "Landscaping of Public Lands". This includes the common open spaces providing pedestrian walks. 12. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates shall be provided to the City with the final plat submittal. All wells shall include a meter or other devise to determine consumption. 13. Fences located in the front, side or rear yard setback of properties adjacent to any park or publicly accessible open space shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land and common open space areas. Proposed fencing shall conform to Section 38.23.130 "Fences, Walls and Hedges." This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owners' association documents. The documents shall include a single fence style acceptable to the City for locations fronting any common open space or public park. 14. Street lighting, including pathway intersection lighting, sha11 be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 15. All public access and utility easements for pedestrian pathways shall have no reference to movement of location shall be included on the final plat. 16. The 60 foot Access and Utility Easements shown on Lot 1, 3, and 4 shall be dedicated as 60 foot public street and utility easements. No reference to movement of location shall be included on the final plat. 17. All "street dedication"plat notes shall be dedicated public streets. 18. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in accordance to BMC section 38.23.180. 19. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following, if not done with annexation: a. Park maintenance district. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. PR14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 12 of 31 20. Section 38.39.030 Completion of Improvements. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements 21. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type,placing future landowners of individual lots on notice of the obligation to install sidewalks: "City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot." 22. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 23. All rights-of-way for pedestrian walks shall include sidewalk constructed to city standards, and the provisions of section 38.24.080 shall apply. Satisfying block length requirement are subdivision improvements. All subdivision improvements are required to be completed prior to final plat approval pursuant to Section 38.39.030.B, BMC or financially guaranteed pursuant to Section 38.39.060, BMC. 24. Prior to final plat approval of the first phase of the subdivision, the property boundary between the Caspian Avenue public street and utility easement and Equestrian Lane and Lot 1 of Minor Subdivision 400 shall be relocated through the applicable subdivision exemption process. Prior to final plat approval of Phase B of the subdivision and after the relocation of common boundary the Caspian Avenue public street and utility easement shall be dedicated street R.O.W. on the final plat or through the appropriate subdivision exemption process. These two requirements are sequential; the boundary relocation occurs first followed by the creation of the road right of way. 25. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 13 of 31 A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any storm water ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Storm water ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots unless a variance is applied for and approved by the City Commission. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 26. A number of the lots state they will be providing onsite stormwater detention, but no discharge course is identified, and no storm sewer is being proposed. The proposed ponds shall not be discharged onto the adjacent streets or rights of way. 27. The extension of Trakker Trail and the north/south street shown on the common lot line between Lot 3 and 4 in phase C shall be placed within either dedicated right of way or public street and utility easements. The streets, including required utility extensions shall be installed or financially guaranteed prior to filing the respective phase of the subdivision they are within. No building permits will be issued for a phase until the improvements are installed and accepted for that phase. 28. The turn bays and tapers on Davis Lane at the intersection of Galloway Street recommended by the traffic impact study shall be installed or financially guaranteed with phase A of the subdivision. The improvements shall be installed and accepted prior to issuance of any building permits. 29. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 30. 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. 31. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. P-I4052, Finding of Fact and Order for the Sundance Minor Subdivision Page 14 of 31 32. Street lighting shall be installed in accordance with the City of Bozeman Design Standards and Specification Policy. 33. A 1' wide no access strip shall be provided along the lot frontages of Davis Lane and Baxter Lane. 34. The property is within the Baxter/l9th signal payback district. The payback shall be made prior to the filing of the final plat for each phase of the subdivision. 35. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 36. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 37. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type,placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision "Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS a. Pursuant to Section 38.23.060.B, BMC private utility easements shall be ten feet wide described, dimensioned and shown on the final plat in their true and correct location and located on the front, rear, and side yards of all lots unless written verification from all of the utility companies to adequately serve the development is provided. b. Caspian Avenue, south of Equestrian Lane to the intersection of Baxter Lane, shall be shown as a 60' public street and utility easement. SECTION 5-RECOMMENDATIONAND FUTURE ACTIONS Project Name: Sundance Minor Subdivision preliminary plat File: P-14052 Development Review Committee The Development Review Committee (DRC) has reviewed the Preliminary Plat application on November 5 and 12, 2014 and after additional information was provided continued the review on December 31, 2014 and January 7, 2015. The DRC recommended conditional approval of the preliminary plat application. P-14052,Finding of Fact and Order for the Sundance Minor Subdivision Page 15 of 31 City Commission The City Commission public held a hearing March 2, 2015 to consider the preliminary plat and make a final decision on this 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. 2, 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. The parcel is less than 160 acres. Therefore, to comply with the requirements of the Montana Subdivision and Platting Act the entire area must be included with each final plat. However, as a phased subdivision, not all of the improvements necessary to develop individual lots will be installed at once. In order to provide notice of the pending requirement for infrastructure completion a note is required to be provided with each final plat. See Condition 4. This condition will serve the role of a guarantee of performance for future development. This protects potential buyers without causing a financial burden on the developer. R14052, Fielding of Fact and Order for the Sundallce Minor S11hdivlsioel Page 16 of 31 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 October 15, 2014 and after the receipt of additional information required by Title 38 of the Bozeman Municipal Code (BMC) on October 14, 2014 was deemed acceptable for initial review on December 12, 2014. The preliminary plat was reviewed by the DRC on November 5 and 12, 2014 and after additional information was provided continued the review on December 31, 2014 and January 7, 2015. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on December 31, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, February 15, 2015. The site was posted with a public notice on February 13, 2015. 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 February 13, 2015. No comments have been received as of the production date of this report The final plat to be recorded for each phase will require review to ensure that all requirements of the law and conditions of approval have been met. Installation of required infrastructure and dedication of easements and lands will be verified at that time. Failure to comply with conditions of approval will preclude approval. 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. In addition, as required by Section 38.23.060.B, BMC private utility easements shall be shown in the face of the final plat unless written confirmation is submitted to the planning department from all utility companies providing service indicating that front yard easements are not needed. Additional utility easements are anticipated and will be identified during further development whether through further subdivision or site development review. Pursuant to Section 3 8.23.060.A,BMC, in all other developments,the proper easements documents shall be prepared P-14052,Finding of Fact and Order for the Sundance Minor Subdivision Page 17 of 31 for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standard 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. Baxter and Davis Lanes are defined as a Minor Arterials according to the Greater Bozeman Area Transportation Plan, 2007 Update. A one (1) foot no access strip is required along Baxter and Davis to limit encroachments and promote safe and efficient roadways (Condition 33). Primary Subdivision Review Criteria,Section 76-3-608 1) The effect on agriculture The subject property is designated as Community Commercial Mixed Use area according to the City of Bozeman Community Plan. The area is zoned for Commercial development. Much of the surrounding area has previously undergone subdivision review and approval and has begun to be developed. Although the property has historically been used for agricultural production those activities have ceased. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities There are no known agricultural water user facilities on the subject property. Therefore, this subdivision will not have adverse effects 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 or right-of-ways or access and Utility Easements. Each lot will connect to the constructed water and sewer mains designed to the appropriate design standard and shall be j located in the standard location as approved by the Water/Sewer Superintendent. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. See Condition 35. j The water and wastewater treatment plants have adequate capacity to serve this development. The impacts of the development on the water and wastewater systems will be mitigated by the conditions of approval, future impact fee payments, provision of water rights or cash-in-lieu I I i P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 18 of 31 thereof, and the future utility charges to residents. The City's design manual provides the specific guidance for detailed infrastructure design. Streets —Access to the subdivision is primarily provided from Baxter and Davis Lanes, both are minor arterial streets. Minor arterials require 100 feet of R.O.W. to accommodate the street cross section. Interior circulation will be provided by the extension of Caspian Avenue, Equestrian Lane, Gallaway Street, and Kimberwicke Streets. Caspian Street is shown as terminating at Equestrian Lane. The terminus of Equestrian Lane was originally contemplated with the Baxter Meadows Concept Plan. However, that was due to the proposed location of a park located on the western portion of Phase C of this subdivision. The current proposal is stated to be developed as commercial property and the Applicant desires to retain maximum flexibility to accommodate future development. Phase B currently shows Caspian Avenue as a dedicated R.O.W. However, this R.O.W. will be converted to a public street and utility easement. This R.O.W. reference was modified to become a street easement so that Lot 1 was not bifurcated into two pieces creating an additional lot, or six total lots. Six lot subdivisions are defined as major subdivision and require review by the Planning Board and additional review fees. In addition, the hatched area to the east of Caspian Avenue between the adjacent properties will be relocated to align with the roadway boundary prior to final plat approval, thus eliminating the area question from this development permitting this public street and utility easement to be converted into dedicated R.O.W. as referenced in Section 3 recommended Condition 25, Caspian Avenue will be required to be converted to a dedicated street R.O.W. on the final plat or through the appropriate subdivision exemption process. Traffic Impact Study (TIS) The TIS has determined that while this development will impact the intersection of Davis Lane and Baxter Lane to some degree, the additional traffic would not reduce the intersection's level of service sufficiently to warrant a change from four—way stop control operations. However, safety impacts on Davis Lane were investigated and it was determined that an auxiliary left-turn lane would be warranted at the intersection of Davis Lane and Galloway Street. Therefore, turn bays and tapers on Davis Lane at the intersection of Galloway Street recommended by the traffic impact study shall be installed or financially guaranteed with phase A of the subdivision. The improvements shall be installed and accepted prior to issuance of any building permits. See Condition 28. However, the study (attached to this report) explicitly analyzed 219 apartments, the anticipation of 80 townhomes or 210 additional apartments and approximately 40,000 square feet of office space. This traffic study was prepared under the original concept plan described in the Executive Summary above. Again, the current proposal contemplates a commercial development so no parkland dedication or neighborhood center is required during the subdivision review phase. P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 19 of 31 Block Length In order to meet block length design standards of Section 38.23.040, BMC public access and utility easements are proposed on Lot 3 and 3. The easements are 25 feet wide and will require concrete walkways through each easement to meet the standards under Section 38.23.040 eliminating non-standard block lengths. The Applicant is aware of the provision stipulating that yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards. 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 locations for storm water areas are show on the face of the plat. Please see Condition No. 26. Parklands — Pursuant to Section 38.27.020.13, BMC parkland dedication is not required for minor subdivisions or subdivisions that are all non-residential. However, the Application, Preliminary Plat Design Report, Traffic Impact Study, and discussions with the Applicant indicate that residential uses may occur on some or all of the subject property. Staff highlighted the challenges that may arise when retrofitting parkland designs after the platting process is complete. Those challenges include park frontage, location constraints, linear park requirements and acceptability, acceptance of parkland dedication alternatives including cash-in-lieu, and park development standards. If residential uses are proposed in future development applications Section 38.27.020A, BMC required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by Section 38.27.100, subject to the standards of this chapter. The City Commission has substantial discretion in determining adequacy of proposed park land. Determination of adequate park land may limit future residential development options. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions 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. I I P-14052, Finding of Fact road Order for the Sttndance Minor Subdivisions Page 20 of 31 5) The effect on Wildlife and wildlife habitat The subject property is designated as Community Commercial Mixed Use area according to the City of Bozeman Community Plan. The area is zoned for Commercial development. Historically the property was used for agricultural production that use has ceased and eradicated wildlife and wildlife habitat. Much of the surrounding area has previously undergone subdivision review and approval and has begun to be developed further reducing habitat in the area. Therefore,this subdivision will not have adverse effects on wildlife and wildlife habitat. 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 Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" for several of the standard preliminary plat supplements due to the nature of the property. The DRC granted a partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre- application plan review application for: 1) geology-soils-slopes, 2) educational facilities, 3) wildlife, 4) historical features, 5) agriculture, 6) agricultural water user facilities, 7) surface water, 8)Neighborhood Center Plan, 9)workforce housing, and 10) groundwater. Waivers to the supplemental information for the following are not granted: 1) water and sewer, 2) streets, roads and alleys, 3) storm water management, 4) utilities, 5) land use, 6)neighborhood center plan, 7) lighting plan, and 8) parks and recreational facilities, 9) vegetation, and 10) floodplains. The DRC granted a partial waiver to the supplemental information under 38.41.060, BMC. Staff offers the following summary comments on the supplemental information required with Article 38.41,BMC. 38.41.060.A.1 Surface Water A partial waiver was granted by the DRC during the pre-application review. There are no water features or agricultural water user facilities on the subject property. Therefore, this subdivision will not have adverse effects on agricultural water user facilities. P-14052,Finding of Fact and Order for the Sundance Minor Subdivision Page 21 of 31 38.41.060.A.2 Floodplains A partial waiver was granted by the DRC during the pre-application review. The subject property is classified as Zone "X" according to the Flood Rate Insurance Map, Community Panel No. 30002804D. Zone "X" indicates areas outside of the 500 year floodplain. Therefore, there is minimal impact caused by floodplains. 38.41.060.A.3 Groundwater Supplemental groundwater information was granted a waiver to the supplemental information requirement by the pre-application process and may use the previous information submitted with the Baxter Meadows Subdivision. Extensive groundwater monitoring was performed for the Baxter Meadows subdivision showing varying degree of water depth. A standard plat note is required to inform future property owners of the high ground water and to seek the appropriate professional investigation prior to construction(Condition 37). 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. No significant or critical vegetation exists on the subject property. Noxious weeds are being controlled by the required Noxious Weed Management Plan. In addition, there are ongoing performance measures required with the Weed Management Plan to insure control of noxious weeds on site. 38.41.060.A.6 Wildlife Supplement information waived by the DRC. This is a developing urban area. There no critical wildlife corridors or environments to support significant wildlife or charismatic mega fauna on the subject property. No watercourses or other sensitive vegetative cover that is conducive to support wildlife. Therefore,the subdivision will have minimal impacts on wildlife. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. According to the Baxter Meadows subdivision submittal there was no indication of any prehistoric or historic cultural resources on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not used for agriculture. f G P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 22 of 31 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. As described above under the primary review criteria there are no known agricultural water user facilities on the subject property. Therefore, this subdivision will not have adverse effects on agricultural water user facilities 38.41.060.A.10 Water and Sewer Water and sewer designs were submitted with Application under tab 3 of the Applicant Submittal. 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 Stormwater improvements are needed to accommodate the development. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. See Condition 26. Runoff from the individual lots is unknown at this time. The development intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plan (FSP) for each lot. Placement and design of the facilities will be approved by both the City Engineer's Office and Planning Office. 38.41.060.A.12 Streets,Roads and Alleys Addressed under the primary review criteria. 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. 38.41.060.A.14 Educational Facilities The Bozeman School District's review comments indicate they can accommodate the additional students expected from this development. As noted the letter dated September 30, 2014 from Mr. Todd Swinehart made his comments based on the sire being developed with 216 apartments and 80 townhomes. The proposal has been modified to include only commercial uses. P-I4052,Finding of Fact and Order for the Sundance Minor Subdivision Page 23 of 31 38.41.060.A.15 Land Use The proposal is to develop four commercial lots for further development as allowed by the B-2 District. 38.41.060.A.16 Parks and Recreation Facilities See discussion above under Local Services. 38.41.060.A.17 Neighborhood Center Plan A Neighborhood Center is not required with application pursuant to Section 38.23.020.A(1)(a) & B), BMC. Neighborhood center requirements only apply to all residential subdivisions or planned unit developments, that are ten net acres in size or greater, shall have a neighborhood center. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. The street lighting plan will mimic the previously reviewed Baxter Meadows Subdivision Light Plan to provide lighting consistency with the adjoining subdivision. A lighting plan will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D. and 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. See Condition 14 & 36. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. 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, Section 10.08.030, BMC,had been suspended by the City Commission. P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 24 of 31 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 for the subdivision of approximately 28.210 acres into four (4) commercial lots, one (1) open space lot, and the remaining area as street rights-of-way. 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. PR14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 25 of 31 DATED this day of , 2015. BOZEMAN CITY COMMISSION KRAUSS My ATTEST: r f STA U City Jerk APPROVED AS TO FORM: G SULLIVAN City Attorney P-14052, Finding of Fact mid Order for the Swidance Minor Subdivision Page 26 of 31 APPENDIX ADVISORY CODE CITATIONS 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. It is the duty of the applicant to submit plans and other materials which conform to all standards. Submittal of inaccurate or incomplete materials may delay review of the application or prohibit its approval. APPENDIX B -PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2 (Community Business District). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Section 38.10.020, BMC, details permitted uses with the B-2 District. Table of Commercial Uses Authorized Uses IB-1 B-2 B-3 Ambulance service �— P P Apartments and apartment buildings6, as defined in this chapter P 1piFC P3 Arts and entertainment center, as defined in this chapter P P I P Automobile fuel sales or repair, as defined in this chapter C F C Automobile parking lot or garage (public or private) P P P Automobile washing establishment C P C Banks and other financial institutions P �P—I—p Business,technical or vocational school C P3 Bus terminals — C C Community centers P P P3 Community residential facilities with eight or fewer residents P �P'/C �P' PR14052,Finding of Fact and Order for the Sundance Minor Subdivision Page 27 of 31 Community residential facilities serving nine or more residents — C — Convenience uses C P C Convenience use restaurant P p P Day care centers p p p Essential services Type I JA A A Essential services Type II p p p Essential services Type III C9 p C9 Extended-stay lodgings — �P_Tp_ Food processing facilities — C — Frozen food storage and locker rental Health and exercise establishments PI/C P FP Hospitals — p C Hotel or motel — p p Laboratories,research and diagnostic — P p3 Laundry, dry cleaning — C C Light goods repair, as defined in this chapter — C A Lodginghouses — C C3 Manufacturing, artisan P p pg Manufacturing, light — C C3 Manufacturing, light and completely indoors — C — Mortuary — C C Museum — C F Medical and dental clinics FP"-c P FP P-14052, Finding of Fact and Order for the Sundance Minor Subdivision . Page 28 of 31 Meeting hall P P Offices, as defined in this chapter P1/C P P3 Other buildings and structures typically accessory to permitted uses A A A Parking facilities P P P3 Personal and convenience services, as defined in this chapter P P P Pet grooming shop P P FP Printing offices and publishing establishments — — C Private club, fraternity, sorority or lodge — P P Public buildings P P P Refuse and recycling containers A A A Research laboratories — P P Restaurants P5 P P Retail uses, as defined in this chapter p2 Pa Pz Retail, large scale — P — Sales of alcohol for on-premises consumption C C C Sign paint shops (not including neon sign fabrication) — P C Upholstery shops (excluding on site upholstery service for cars, boats, — P P3 trailers,trucks and other motorized vehicles requiring overnight storage) Veterinary clinic — C Wholesale distributors with on-premises retail outlets,providing — C — warehousing is limited to commodities which are sold on the premises Wholesale establishments that use samples, but do not stock on premises — P P Any use, except adult businesses and casinos approved as part of a planned C C C unit development subject to the provisions of article 20 of this chapter RI4052, Finding of Fact and Order for the Sundance Minor Subdivision Page 29 of 31 Notes: 1 When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2 Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter. 3 Except on ground floor in the core area as defined in this article. 4 Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5 Exclusive of drive-ins. 6 May be subject to the provisions of chapter 10, article 8. 7 Also subject to chapter 4, article 2. Adopted Growth Policy Designation: The property is designated as "Community Commercial Mixed Use" in the Bozeman Community Plan. 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 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 1015 acre size range P-14052, Finding of Fact and Order for the Sundance Minor Subdivision Page 30 of 31 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 C—DETAILED PROJECT DESCRIPTIONAND BACKGROUND Project Description The property owner and Applicant Baxter Meadows Land Partners, LLC, 9980 S. 300 West, Suite 310, Sandy, UT 84070, represented TD&H Engineering, 234 E. Babcock, Suite 3, Bozeman, MT 59715 submitted an application to subdivide 28.210 acres into four (4) commercial lots for further development in a B-2 (Community Business)District in three phases. Project Background The subject property was part of the original Baxter Meadows Planned Unit Development and Concept Plan. The concept plan is attached to this report for reference purposes only. However, the area undergoing subdivision revision review only received concept plan approval. That plan has expired. Subsequently, the Applicant submitted application for a subdivision Pre Application review for a concept planned unit development plan on January 29, 2014 proposing a 9.4 acre lot for the second phase of the Sundance Apartment development, 62 residential townhomes, two commercial lots designed to accommodate 20,000 to 30,000 square feet of professional and medical office space, and a 1.9 acre park within the townhome development The draft plan is attached to this report for reference purposes only. The final proposal has evolved into the Sundance Minor Subdivision to create four commercial lots intended for further development. APPENDIX D —NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on January 29, 2014. The pre-application was reviewed by the DRC on February 19 and 26, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. R14052, Finding of Faet and Order for the Sundanee Minor Subdivision Page 31 of 31 A preliminary plat application was submitted on October 15, 2014 and after the receipt of additional information required by Title 38 of the Bozeman Municipal Code (BMC) on October 14, 2014 was deemed acceptable for initial review on December 12, 2014. The preliminary plat was reviewed by the DRC on November 5 and 12, 2014 and after additional information was provided continued the review on December 31, 2014 and January 7, 2015. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on December 31, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, February 15, 2015. The site was posted with a public notice on February 13, 2015. 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 February 13, 2015. No comments have been received as of the production date of this report. The final plat to be recorded for each phase will require review to ensure that all requirements of the law and conditions of approval have been met. Installation of required infrastructure and dedication of easements and lands will be verified at that time. Failure to comply with conditions of approval will preclude approval. APPENDIX E- OWNER INFORMATIONAND REVIEWING STAFF Owner and Applicant: Baxter Meadows Land Partners, LLC, 9980 S. 300 West, Suite 310, Sandy, UT 84070 Representative: TD&H Engineering, 234 E. Babcock, Suite 3, Bozeman, MT 59715 Report By: Tom Rogers, AICP, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Staff Report 2. 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