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HomeMy WebLinkAbout15- Cattail Properties Major Subdivision Preliminary Plat Findings of Fact Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Page 1 of 26 City Commission Findings of Fact and Order for Cattail Properties Major Subdivision Preliminary Plat, Application No. P14054 Public Hearing Dates: Planning Board meeting on March 17, 2015 City Commission meeting on April 6, 2015 Project Description: A major subdivision preliminary plat application associated with a planned unit development (PUD)preliminary plan application to allow the subdivision of 5.208 acres into 48 townhouse lots, 4 single-household lots, and 2 open space lots. Project Location: Lots 3&4, Block 10 of Cattail Creek Subdivision Phase 2A, City of Bozeman, Gallatin County, Montana. Recommendation: Approved with conditions. Report Date: Monday, May 11, 2015 Staff Contact: Allyson B. Breklce, Associate Planner Bob Murray, Project Engineer Agenda Item Type: Action(Quasi-judicial) P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 2 of 26 EXECUTIVE SUMMARY Project Summary Property owner Taylor Properties, Inc. and applicant Bayliss Architects, P.C., with representation by Genesis Engineering, submitted a preliminary plat application requesting the subdivision of 5.208 acres in Phase 2A of the Cattail Creek Subdivision. The major subdivision divides the acreage into 48 townhouse lots, 4 single-household lots, and 2 open space lots; and associated with a planned unit development (PUD) preliminary plan application. The two applications were reviewed concurrently but were acted upon independently. Parkland requirements are being met by the original parkland dedication from the original Cattail Creek Subdivision which created the tract being developed. The original dedication was found to be adequate for the proposed preliminary plat application. The subject property is located within Phase 2A of the Cattail Creek Subdivision at the southwest corner of Cattail Street and Blackbird Drive. The current zoning of the property is R- 3 (Residential Medium Density District). No subdivision variances were requested. Several relaxations were considered with the PUD preliminary plan application. The Planning Board held a public hearing on March 17, 2015 and reviewed the preliminary plat application. The Board asked questions in regards to the relaxations being requested with the associated planned unit development preliminary plan application and then opened it up for the applicant to present followed by accepting public comment. After considering Staff s findings and all public comment received,the Board voted 5-2 recommending approval of the preliminary plat as conditioned by Staff. A copy of the video of the hearing can be found here. Following the Planning Board hearing, Staff identified the wording of conditions 6, 20, 26, 27 and 28 needed to be slightly modified to be accurate. None of the changes were substantial in nature. Alternatives Considered by the Commission: 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. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 3 of 26 Table of Contents EXECUTIVESUMMARY ............................................................................................................2 Unresolved Issues ..............................................................Error! Bookmark not defined. ProjectSummary........................................... ..................................................................... 2 Alternatives......................................................................................................................... 2 SECTION 1 - MAP SERIES- ADD MAPS AND PLAT............................................................... 4 SECTION 2—REQUESTED VARIANCES ................................................................................. 8 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 11 SECTION 5 -RECOMMENDATION AND FUTURE ACTIONS ............................................ 12 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 13 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14 Preliminary Plat Supplements........................................................................................... 16 APPENDIX A—DETAILED PROJECT DESCRIPTION AND BACKGROUND ................... 20 APPENDIX B —PROJECT SITE ZONING AND GROWTH POLICY..................................... 23 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 24 APPENDIX D—RECREATION AND PARK ADVISORY BOARD COMMENTS................ 25 APPENDIX E—OWNER INFORMATION AND REVIEWING STAFF ................................. 26 FISCAL EFFECTS........................................................................Error! Bookmark not defined. ATTACHMENTS..........................................................................Error! Bookmark not defined. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIUISION Page 4 of 26 SECTION 1 -MAP SERIES-ADD MAPS AND PLAT own1 f s r Cattail Properties Prel. Plan PUD & MaSub Prel. Plat - proposed W subdivision of (V now LN z 5.208 acres into 46 townhouse savarnvaa�sT_ _ M-`1 lots, 4 single- household lots, and 2 open e: -2 R e space lots. Z14367 P14054 N SUBMITTAD f i% Thla mapwaeae WDy the � City of Bozeman Depoft.M.f .munp and Community Development OMwnw dI Plam­a piano —ty Legend bYns may hw up MPo Y' aeea: Parcels Fr Q Zoning Districts City Limits 1 inch=417feet P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 5 of 26 i t;' it zltsl`t :f it x kYr6t a t t yka t ' 'tj} r t k o Legend Parks Community Plan Future Land Use Residential t tr 1 trr 4}t S 1 Y tiWt att<ftt 11 Residential Emphasis Mixed Use Suburban ftes identisf kr,�kr t f t� 1{r V t tip jifili�yy4tt}}t•:}f`i�h23rf�� �A'�' �`k ?s. 't� "`�`" t' Regional Ccmmercisl.and Servi cps �#S}it''�t�t�Yti}rtt2ffi{y�kt���tt4f�Z'�����rl@£��I�h�k §t;4;11 "=Sa��nR�1lS�Te�iL�t� s CommundyCore dY Commun' Commercial Mixed Use kl�kt 't of i 4iihit}t}s rs ttk l rt�� � sk s; l i I• a i� { i� 'a tt.���; a ri t k at�t � �f ': � f € 4 3�t ✓i. f 4 ' _."._. Business Fay&'Mixed Use ff tt 4 2 Industrial 4 Public lret3utions tr�t1���7n12�;� ia5 s�. t{f a u lk I'£��f ist s ��4=. t�;�r'1: � �: ♦ i� a��ti ��.„��,r,i� Padcs.O Open to andAecreatia,alLan�+s Pe Pa Other Public Lands GoIF Cou7s e Lt< fYs a a �tI71� Present Rural t { Y { 4t i l } } I M i { f S o�, x \ I Subject PropertyON f �kt �t Ott ,fi IN J 7 .� t t� t- tt � � ,� t srdenral t,tfx r s �? r4�4F ti�sk � � 1.,41 k � r`a 4 ,t �v, 1 � ,to `•�_ ,.�t, C t ..b �� o� t. �� �s�t. L t=..=.. t.. 8X i.. 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(Q PLI(Public Landsiinstitutions) +Gaga�l Stree R-3 Subject Property R-4 lntsm�wa5e�eda�me Q;j ocbo�emnikraEneto Cattail Properties Major Subdivision 130 Zoning Designation P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 7 of 26 r THE PULIMI NARY PLAT OF CATTAIL PROPERTIES TRACTS OF LAND BEING LOTS 3 R t,BLOCK 10.OF CATTAIL CREEK SUBDIVISION.PHASE 2A 3 29, lyD� LOCATED IN THE SW}NWL AND HWISW},ALL IN SECTION 35.T1S,R5E.P.M.M., GALLATIN COUMY.CITY OF BOZEMAN.MONTANA VICINITY MAP mma°n ' -P.O.B. nos SF a..n.... o.ar:..�r4�.r«•�.. :.mm°r'.y.".,mrw•i.`.�r non•.e..e.sr«•�....... _ =�`3' ` +i�.^�xmcc sue w r_..o_+, eicx•o i .� .. am w< AYfl/1t01!>Q ...e.e.•..•>.vm.,K�.e.w.«�,,..•a..+...m•„a+. :ce.—..-ram'•'°".,�....`=.���►.. siM1Ll.ts•i sc s ns ux _ e•eo f�wc Um,n amr+om IY\�\ O e•.oTlef•./eec nm,4�+.o,m 41T • wesm u/rcea• ,INL,n EtVPi 9C/IL mmi Ca«.rNol Int (see) vAsaoPerra� , a asa.sr. — CATTAIL PROPERTESSUBOMSION as. oovm ! 1`IESIS �• "'"' R °meµ SECS5.TIS.RSE.P.MM. MT GINEERING WC ' �r/nr•..e.r..m+�u PRELIMINARY PLAT PAGE-1 d.x.i,«Fold(.m�w o.r otK R14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 8 of 26 SECTION 2 —REQUESTED VARIANCES No subdivision variances were requested. Several relaxations were considered with the planned unit development preliminary application for the same property. Those relaxations were analyzed under the PUD staff review. The City Commission considered both at the same meeting. SECTION 3 -RECOMMENDED CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the proposed subdivision of the property and the preliminary plat application. Additional conditions may apply to the planned unit development application that was considered concurrently with the subdivision. 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 the final plat. 4. All common open space areas shall be clearly designated on the plat with sequential lettering such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified open space areas. 5. The final plat 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 P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 9 of 26 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: 6. The private open space areas with public access for which PUD performance points are claimed pursuant to Section 38.20.090.E.2.(7)(b) shall not be reduced in size and shall be provided as a public open space and trail easement with the final plat. The easement boundaries and area shall correspond with the approved common space areas and trail system. 7. The property owner's association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Cattail Properties Property Owners Association and binding property owners to contribute to the maintenance and upkeep of publicly accessible open space areas and trail system required to be maintained by the Property Owners Association. 8. 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 3 8.27.070 "Landscaping of Public Lands". This includes the common open spaces providing pedestrian walks. 9. All irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. All wells shall include a meter or other device to determine consumption. 10. 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 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 owner's association documents. The documents shall include a single fence style acceptable to the City for locations fronting any public park. 11. A table shall be provided on the Conditions and Notes Sheet of the final plat showing the amount of park, area dedicated with Cattail Creek Subdivision Phases 2A and 2B that has been credited for the Cattail Properties PUD. 12. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 10 of 26 13. Street lighting, including pathway intersection lighting, shall 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. 14. 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. 15. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement District (SID) for a park maintenance district. 16. 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 17. 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." 18. 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." 19. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 20. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. The interior lots without street frontage shall be addressed off of either Blackbird or Street"A". P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 11 of 26 Monument style signs shall be placed at the alley's intersection with both public streets, outside of any required street vision triangles, to provide direction to those units with the applicable addresses. 21. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 22. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. 23. 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. 24. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 25. The water and sewer mains in "B" Street shall be a minimum of 10' from the proposed right of way line. 26. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all provisions of 38.39.030.D of the Bozeman Municipal Code are met. 27. Snow removed from the private streets and alleys shall be stored within the private street/alley rights of way, common open space, or removed off site. Snow from the private streets/alleys shall not be placed or stored on the adjacent public streets or park areas. 28. Concurrent with 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 all 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 warranty 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 property owners association. For personal property installed upon owned open space, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the property owners association. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. None have been identified. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 12 of 26 SECTION 5 -RECOMMENDATIONAND FUTURE ACTIONS Project Name: Cattail Properties Major Subdivision Preliminary Plat Application File: P-14054 Development Review Committee (DRC) DRC held its fourth meeting on February 18, 2015 to consider the subdivision preliminary plat and the coordinating preliminary planned unit development plan. The DRC found that the application is sufficient for review, and made a recommendation to the Planning Board and City Commission to approve the planned unit development and subdivision with conditions. Design Review Board (DRB) The DRB reviewed the planned unit development proposal at their February 25, 2015 meeting and considered the criteria established for residential planned unit developments. Discussion points amongst the members included overall support for narrower streets in site development, some concern of snow removal on the site and statements that the relaxations allow for a unique site development. The DRB adopted the findings presented in the staff report and voted unanimously to recommend approval of the preliminary plan application and forwarded its recommendation of conditional approval to the City Commission. A copy of the DRB meeting video can be viewed here. Recreation and Parks Advisory Board—Subdivision Subcommittee (RPAB) RPAB reviewed the proposal on February 13, 2015 and provided comments concurring with staff findings and noting that the proposed trail provides good pedestrian connections. Planning Board The Planning Board public hearing to consider the preliminary plat occurred on March 17, 2015. Discussion points amongst the members included details of the PUD relaxations that directly affected the subdivision design and the proposed density of the PUD development compared to the originally proposed density for the property with Cattail Creek Subdivision. After hearing and considering comment fiom four members of the public,the Planning Board adopted the findings presented in the staff report and voted 5-2 to recommend approval of the preliminary plat application for the Cattail Properties Major Subdivision Preliminary Plat. A copy of the video of the hearing can be found here. City Commission The City Commission held a public hearing on the subdivision preliminary plat and the associated planned unit development preliminary plan on April 6, 2015. After hearing and considering all public testimony,the City Commission adopted the findings presented in the staff report and voted 3-2 to recommend approval of the preliminary plat application for the Cattail P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 13 of 26 Properties Major Subdivision Preliminary Plat. A copy of the video of the hearing can be found here. 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. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. A preliminary plat application was submitted on November 12, 2014 and after the receipt of additional information on January 20, 2015 as required by Title 38 of the Bozeman Municipal Code (BMC) the application was deemed acceptable for initial review. The preliminary plat was reviewed by the DRC on January 28 and February 4, 11 and 18, 2015. The DRC and Staff P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 14 of 26 determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on February 11, 2015. Public notice for this application was published in the Bozeman Daily Chronicle on Sundays, March 1 and 15, 2015. The site was posted with a public notice on February 27, 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 26, 2015. Information about public comment received is included in Appendix C. On March 13, 2015 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Community Development Director for consideration by the Planning Board. The Planning Board made their recommendation to the City Commission on March 17, 2015. The City Commission is scheduled to make a final decision at their April 6, 2015 public hearing. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; the scheduled public hearing is within this timeframe. 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 by Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The PUD has proposed alternate street sections for some portions of the project. If the City Commission approves the requested alternate section then 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. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and the surrounding area is PR14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 15 of 26 being used for residential purposes. The property was previously developed as part of the Cattail Creek Subdivision and was removed from any agricultural use at that time. Therefore, this subdivision will have no adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan and is zoned for residential development. Therefore, the proposed subdivision will have no impacts on agricultural water user facilities. 3) The effect on Local services Water/Sewer — Water and sewer mains will be collected internally in the subdivision and will discharge/connect into the existing municipal water and sewer services in the adjacent street right-of-ways. Each lot will connect to the 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. The mains installed to service these lots with the Cattail Creek Subdivision were sized to accommodate more than the number of proposed homes. Streets — The DRC determined that the existing adjacent streets in combination with the proposed street and alley network within the subdivision will have capacity to accommodate this townhome development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter,pavement, boulevard sidewalks and storm water facilities. Street "A" runs north-south within the subdivision and is proposed at the standard 60-foot local street right-of-way width. Street "B" runs east-west within the subdivision and is proposed less than the local street standard at 42-feet wide. The reduction in width is requested as a relaxation with the planned unit development (PUD) preliminary plan application. If the City Commission approves the PUD preliminary plan, then the DRC has determined the reduced street width is satisfactory with recommended conditions of approval. Placement of Street A, in conjunction with the existing Blackbird Drive, provides adequate street connections to adjacent undeveloped property. 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. Directional signs for the non- standard addresses will be provided. 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. R14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 16 of 26 Parklands-Following review of the methodology used to calculate parkland and open space dedications, and verifying that the parkland the applicant is taping credit for was previously dedicated with the original Cattail Creek Subdivision,the DRC determined that the requirements for parkland and open space in the Cattail Properties Subdivision PUD are satisfied with the proposal. Park spaces are adjacent to the proposed development on the south and east. The Recreation&Parks Advisory Board reviewed the proposal on February 13, 2015 and provided comments concurring with staff findings and noting that the proposed trail provides good pedestrian connections. 4) The effect on the Natural environment No significant physical or topographical features were 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. 5) The effect on Wildlife and wildlife habitat The subject property is designated as a residential area according to the City of Bozeman Community Plan and is zoned for residential development. The impacts to the more important habitat areas were addressed and mitigated during the review of the original Cattail Creek Subdivision and are preserved as dedicated subdivision parkland. Further, the project is in an area identified for development. There will be no demonstrated impacts 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. The Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. The property is located within the service area of the Bozeman Fire and Police Departments. As discussed above, the City water and sewer services will be provided. Public health and safety appears to be protected. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on July 30, 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 P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 17 of 26 partial waiver to the supplemental information under 38.41.060, BMC, specifically for: 1) surface water, 2) floodplains, 3) groundwater, 4) geology, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities, 10) educational facilities, 11) parks and recreation facilities, 12) neighborhood center plan, and 13) miscellaneous. These issues were adequately addressed during the Cattail Creek Subdivision review which created the tract. A waiver to the supplemental information for the following items was not granted: 1) water and sewer, 2) stormwater management, 3) streets, roads and alleys, 4) utilities, 5) land use, 6) lighting and 7) stormwater management permit. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Supplemental surface water information was granted a waiver to the supplemental information requirement by the pre-application process. There is no surface water on or immediately adjacent to the subject property. 38.41.060.A.2 F000dplains Supplemental floodplain information was granted a waiver to the supplemental information requirement by the pre-application process. There are no floodplains on or immediately adjacent to the subject property. 38.41.060.A.3 Groundwater Supplemental groundwater information was granted a waiver to the supplemental information requirement by the pre-application process. There are is no significant groundwater on or immediately adjacent to the subject property. 38.41.060.A.4 Geology, Soils and Slopes Supplemental geology, soils and slopes information was granted a waiver to the supplemental information requirement by the pre-application process. 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 vegetation information was granted a waiver to the supplemental information requirement by the pre-application process. 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 Supplemental wildlife information was granted a waiver to the supplemental information requirement by the pre-application process. This is a developing urban area. The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development has been used for residential purposes. PR14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 18 of 26 38.41.060.A.7 Historical Features Supplemental historical feature information was granted a waiver to the supplemental information requirement by the pre-application process. There are is no significant historic features on or immediately adjacent to the subject property. 38.41.060.A.8 Agriculture Supplemental agriculture information was granted a waiver to the supplemental information requirement by the pre-application process. There are no significant agriculture features on or immediately adjacent to the subject property. 38.41.060.A.9 Agricultural Water User Facilities Supplemental agricultural water facility information was granted a waiver to the supplemental information requirement by the pre-application process. There are no significant agricultural water user facilities on or immediately adjacent to the subject property. 38.41.060.A.10 Water and Sewer Water and sewer mains will be collected internally in the subdivision and will discharge/connect into the existing municipal water and sewer services in the adjacent Cattail Street and Blackbird Drive right-of-ways. The sewer will be collected internally with 8-inch sewer mains. The internal mains collect in the northeast corner of the subdivision and discharge into the existing 8-inch sewer main in Blackbird Drive. The existing 8-inch main in Blackbird Drive continues north to Cattail Street where it is intercepted by a 24-inch sewer main. Several sanitary sewer manholes are proposed along the main internal street in the subdivision, with one additional manhole in Blackbird Drive. Service connections (4-inch) are proposed for each lot and will be designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent. The water will be distributed internally with 8-inch water mains. The internal mains will be connected to the existing 12-inch water main in Cattail Street and the existing 8-inch water main in Blackbird Drive. All proposed water mains will be designed to meet the separation requirements from all proposed sanitary and stormwater mains. Service connections are proposed for each lot and will be designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent. See Appendix Z in the applicant's submittal materials for additional information. 38.41.060.A.11 Stormwater Management The project's major drainage system is comprised of natural swale on the south boundary, the two public streets and alleys and the existing stream on the east boundary of the Cattail Creek Subdivision parkland east of the subject property. Per condition no. 12, all stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm R14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 19 of 26 water facility maintenance. See Appendix M in the applicant's submittal materials for more information. 38.41.060.A.12 Streets, Roads and Alleys The DRC determined that the existing adjacent streets in combination with the proposed street and alley network within the subdivision will have capacity to accommodate this townhome development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. Street A runs north-south within the subdivision and is proposed at the standard 60-foot local street right-of-way width. Street B runs east-west within the subdivision and is proposed at less than the 60 foot width local street standard at 42-feet wide. The reduction in width is requested as a relaxation with the planned unit development (PUD) preliminary plan application. If the City Commission approves the PUD preliminary plan, then the DRC has determined the reduced street width is satisfactory with recommended conditions of approval. See Appendix D in the applicant's submittal materials for more information. 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 The original Cattail Creek Subdivision is within the Bozeman School District. The District has already provided a letter indicating capacity for the subdivision's original proposed density. This preliminary plat proposes a density that is within that original subdivision estimate. 38.41.060.A.15 Land Use This residential major subdivision is proposing 46 townhome lots, 4 single-household lots and two open space lots. 38.41.060.A.16 Parks and Recreation Facilities Supplemental recreation and parks facilities information was granted a waiver to the supplemental information requirement by the pre-application process. Following review of the methodology used to calculate parkland and open space dedications, and verifying that the parkland the applicant is taking credit for was previously dedicated with the original Cattail Creek Subdivision,the DRC determined that the requirements for parkland and open space in the Cattail Properties PUD are satisfied with the proposal. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 20 of 26 The Recreation&Parks Advisory Board reviewed the proposal on February 13, 2015 and provided comments concurring with staff findings and noted that the proposed trail provides good pedestrian connections. 38.41.060.A.17 Neighborhood Center Plan Supplemental information was waived by the DRC during the pre-application process. A neighborhood center is not required for this development. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. 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 per condition no. 13. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City's requirement for cut-off shields. 38.41.060.A.19 Miscellaneous 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 Ordinance (Ordinance 1710) had been suspended by the City Commission. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision of a tract of record to allow the subdivision of 5.208 acres into 48 townhouse lots, 4 single- household lots, and 2 open space lots. B. The purpose of the preliminary plat review was to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application for Cattail Properties Major Subdivision was considered by the City Commission at a public hearing on April 6, 2015 at which time the Department of Community Development Staff reviewed the project and reported that three R14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 21 of 26 letters of public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. D. Bayliss Ward from Bayliss Architects and Chris Wasia from Genisis Engineering, representing the property owner, discussed the design of the subdivision and indicated the applicant's agreement with the recommended conditions of approval. E. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application and no members of the public commented. After receiving all public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. F. It then 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 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 them regarding this application, the City Commission makes the following decision: G. The preliminary plat has been found to meet the criteria of Chapter 3 8, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this document and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. 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. P-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 22 of 26 DATED this day of , 2015. BOZEMAN CITY COMMISSION JEFVk x S`s a or rv�f � :/�f ATTEST: STACY' 1VIP1��C���� City Clerk �aa3 7,1ry co APPROVED AS TO FORM: { GRE ULLIVAN City Attorney PR14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 23 of 26 APPENDIX A —DETAILED PROJECT DESCRIPTIONAND BACKGROUND Property owner Taylor Properties, Inc. and applicant Bayliss Architects, P.C., with representation by Genesis Engineering, submitted a preliminary plat application requesting the subdivision of 5.208 acres in Phase 2A of the Cattail Creek Subdivision. The major subdivision proposes dividing the acreage into 48 townhouse lots, 4 single-household lots, and 2 open space lots and is associated with a planned unit development (PUD) preliminary plan application. The two applications are being reviewed concurrently but will be acted upon independently. Parkland requirements are met by parkland dedication from the original Cattail Creek Subdivision, which has been found to be adequate for the proposed preliminary plat application. The subject property is located within Phase 2A of the Cattail Creek Subdivision at the southwest corner of Cattail Street and Blackbird Drive. The current zoning of the property is R- 3 (Residential Medium Density District). No subdivision variances are being requested. Several relaxations are being considered with the PUD preliminary plan application. The proposed townhome lots will be organized around a central open space with a trail system running through its core to create a functional, cohesive and connected development. There are two dedicated street right-of-ways proposed through the property, Street"A"running north-south at a standard local street width and Street"B"running east-west at a reduced local street width. Two alleys provide internal circulation and connect with Street"A" and Street`B". A central park(common open space) is proposed with a trail that would provide pedestrian connectivity to city sidewalks and the existing trail system outside the project. The central open space and trail are proposed to be accessible to the public. The overall proposed development is intended to be integrated into the Cattail Creek neighborhood by providing a pedestrian path connecting to the adjacent neighborhood park to the east by a combination of trails and sidewalks around the perimeter of the development and through the proposed central open space. APPENDIX B —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential, Medium Density District). The intent and purpose of the R-3 zoning district is to provide for the development of one-to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. Adopted Growth Policy Designation: The property is designated as Residential in the Bozeman Community Plan. 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, PR14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 24 of 26 fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX C—NOTICING AND PUBLIC COMMENT The hearings before the Planning Board and City Commission were properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter,the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant's request. A preliminary plat application was submitted on November 12, 2014 and after the receipt of additional information on January 20, 2015 as required by Title 38 of the Bozeman Municipal Code (BMC) the application was deemed acceptable for initial review. The preliminary plat was reviewed by the DRC on January 28 and February 4, 11 and 18, 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 February 11, 2015. Public notice for this application was placed in the Bozeman Daily Chronicle on Sundays, March 1 and 15, 2015. The site was posted with a public notice on February 27, 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 26, 2015. Three letters of public comment have been received for this application and are attached to this report. One comment stated they hoped the proposal could enhance the existing parks and trails in the subdivision. One comment was concerned with the relaxations to standards requested. One comment spoke about overall concern with the density proposed and the R14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 25 of 26 relaxations requested. Staff finds the proposed central open space and pedestrian connections to the existing Cattail Creek Subdivision parkland as enhancement. Additionally, Staff finds the proposed performance points justify the PUD relaxations requested and demonstrate a superior design than what could be achieved with the current standards. Lastly, the originally anticipated density for this parcel was much greater than with the current townhome configuration, which is why there is an excess of parkland associated with this property. On March 13, 2015 a major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Community Development Director for consideration by the Planning Board. The Planning Board public hearing occurred on March 17, 2015 to consider the preliminary plat and forward a recommendation to the City Commission. After hearing and considering public comment,the Planning Board adopted the findings presented in the staff report and voted 5-2 to recommend approval of the preliminary plat application for the Cattail Properties Major Subdivision Preliminary Plat. Five persons testified on this item at the Planning Board public hearing. The full testimony may be seen in the video record of the public hearing which can be found here. Public Comment addressed the following topics: 1) development's contribution to parkland maintenance and improvements, 2) snow removal on smaller internal streets, 3) concern about reduction in backing distance, 4)parking enforcement, 5)traffic along Davis Lane and 6) questions about the future site development. On March 30, 2015 a major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Board for consideration by the City Commission. The City Commission made a final decision at their April 6, 2015 public hearing. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; the Commission public hearing was within this timeframe. APPENDIX D —RECREA TION AND PARK AD VISOR Y BOARD COMMENTS PROJECT: Cattail Properties PUD FROM: Subdivision Review Committee DATE OF REVIEW: 2/13/2015 OVERVIEW: • This project is a new phase of the existing Cattail PUD. It is located south of Cattail Street between Warbler Way and Blackbird Drive. • The dedication requirement has been met in previous phases; as such no new parkland is proposed in this phase PP-14054, Findings of Fact and Order for the CATTAIL PROPERTIES MAJOR SUBDIVISION Page 26 of 26 • There is a small amount of open space in the center of this phase which will be landscaped and have a trail installed across it,providing trail connection to the existing trails and parldand. COMMENTS: • The proposed trail provides good pedestrian connections. RECOMMENDATION: • Given the assurance from Planning that the dedication requirement has been satisfied,we have no objection to the absence of parkland in this phase. FISCAL EFFECTS: • N/A ALTERNATIVES: • N/A APPENDIX E— OWNER INFORMA TION AND REVIEWING STAFF Owner: TAYLOR PROPERTIES, INC, 20101 SW Birch Street, Suite 151,Newport Beach, CA 92660 Applicant: Bayliss Architects, PO Box 1134 Bozeman MT 59771 Representative: Genesis Engineering, 204 N 1 lth Ave, Bozeman, MT 59715 Report By: Allyson B. Brekke,Associate Planner