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15- Allison Phase 3 Major Subdivsion Findings of Fact
Page 1 of 30 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR ALLISONPHASE 3 MAJOR SUBDIVISION, P15007 Public Hearing Dates: Planning Board meeting is on April 7, 2015 City Commission meeting is on April 27, 2015 Item: The Allison Phase 3 Major Subdivision, Preliminary Plat allows the subdivision of an existing lot of approximately 52.185 acres into eight single-household lots, two open space lots, and a 48.21 acre lot with restricted development and subject to further subdivision review. Project Location: The site is generally located at the intersection of Graf Street and MacNab Street. The parcel is legally described as Allison Subdivision Phase 2, Remainder Tract A, Plat J- 306, located in the Northeast One-Quarter (NE 1/a) of Section 24, Township Two South (T2S), Range Five East(R5E), P.M.M., Gallatin County, Montana. Recommendation: Approval with conditions Recommended Motion: Having reviewed and considered the application materials, public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P15007 and move to approve the preliminary plat for the Allison Phase 3 Major Subdivision requested in application P15007 with conditions and subject to all applicable code provisions. Report Date: Monday, May 11, 2015 Staff Contacts: Heather Davis,Associate Planner Bob Murray, Project Engineer 4 Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 2 of 30 Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary The property owner, Bon Ton Inc, PO Box 906, Bozeman, MT 597717, and representative, Madison Engineering, 895 Technology Blvd Ste 203, Bozeman, MT 59718 have submitted an application to subdivide an existing lot of 52.128 acres into eight single-household lots, two open space lots, and a 48.21 acre lot with restricted development and subject to further subdivision review. Parldand requirements are met through previously dedicated parkland provided in Allison Subdivision Phase 2. MacNab Street will be extended north through the property to connect with Graf Street, and Graf Street will be extended through the site to the west A complete preliminary plat application was submitted on February 11, 2015 and deemed acceptable for initial review on February 20, 2015. The City Commission is scheduled to review the preliminary plat and make a decision at their April 27, 2015 public hearing. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate or in this case by May I5, 2015. The Planning Board held a public hearing on April 7, 2015 and reviewed the preliminary plat application. The Board asked questions in regards to connectivity between the proposed development and the school and park to the north. Staff clarified the location of the existing trail connection with the proposed development.No public comment was received at the hearing. After considering findings provided in the staff report and all public comment received,the Board voted 8-0 recommending conditional approval of the preliminary plat. A copy of the video of the hearing can be found here. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 3 of 30 TABLE OF CONTENTS EXECUTIVESUMMARY............................................................................................................ 2 UnresolvedIssues ............................................................................................................... 2 ProjectSummary................................................................................................................. 2 SECTION1 - MAP SERIES .......................................................................................................... 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL.......................................... 10 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 13 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 14 SECTION 5 - STAFF ANALYSIS............................................................................................... 14 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15 Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 16 Preliminary Plat Supplements........................................................................................... 21 SECTION 6 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .........................26 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 28 APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 28 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 29 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 30 Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 4 of 30 SECTION I -MAP SERIES r BP ®®FM_ EnoAllison MaSub Ph. 3 PPORTINI WA Prel. Plat- proposed CUT•TINGsSTi subdivision ofWu LA 52.185 acres into iYiORROW ST• ' �"; ° �b � i o , 8 single-Household lots, 2 open space a> lots, and a 48.21 0L'DgST p �"." l� 7 acre remainder a tract with related x " A a REND so sT� w - site improvements. P15007 USTAUDAHER4ST SUBMITTED .�� 1 x 'a� � �� 2-11-15 N A , ' 1 GRAT+ssT:u. Iff', W O, - 1E I ,FW g l$L"DSTONE DR.aM.� IR�3 BROOTCDALEimDR�..�='=���-®—r�= ,a � a a a 11310i z CONCORD;D 'a o R-2 i at � ¢ A Y w ... r� C CC n O 1, pLEXINGTON DR " rn mxnw+.ua:eav��:. g Legendx u 14 PA7LK Parcels IRU N Zoning Districts r} City Limits ELI! Div 6 w MAP 1: ALLISON PHASE 3 LOCATION Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 5 of 30 1112, �I x bHILLST' " �4 DOTI REMU orr MYi R-3 CUTTING sT �_ r �l MORROW ST r i � a ,c• N- AI2NOLD STD , , C7 SUbJeCt � � �� Z� % x t ;� rip PMW arm rop�r�y A gal S 'Fr f R;1 Afo � �« oaf STAUDAHER.ST ��W WILY lu TIEall Af r� 0 7 BROOKDALEDR� gm a CONCORDtDR t � Z � �LEXINGTON DR—� ALDER - .4 This map wris created by the City of 8ozemen Department of Planning and Community Development F P P - 'rh' °m f Current Zoning Revised:df120t5 � N y 1 Inch=595 feet rowoN,n oe�r w.arnr MAP 2: CURRENT ZONING P15007 Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 6 of 30 MAP 3: FUTURE LAND USE P15007 41 Legend t Parcels W,-KAGY BLVD Parks Community Plan Future Land Use r Residential CREEK Residential Emphasis Mixed Use Suburban Residential ME Regional Commercial and Services Community Core Community Commercial Mixed Use HILL STD Business Park Mixed Use Industrial Public Institutions _ Parks,Open Space and Recreational Lands Other Public Lands fg Golf Course u; Present Rural w OPP nyrmy-w iV— t a CUTTINZi G SST �t t -MORROW��ST W -ARNOLD- 0 SubjectAr �; z Property Wx A4 Q, -Z �� ��STAUDAHER ST` E.� - GR to , ,. . i AF ST W GRAF e ST �. E-t t hE , BROOKDALE A 0 I CONCORD L;:y a w k x a Q Pa� � W �P LEXINGTON DR tg�R This map was created by the City of Bozeman Department of Planning e and Community Development 7n—d df F- r..t4p .1, Re 41V20 �,, Future Land Use Revt ed d/it2075 1`N 1 t inch=595 feet /� covuuau,oevtorue.r Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 7 of 30 MAP 4: ALLISON PHASE 3 MAP PRELIMINARY PLAT-CERTIFICATES ALLISON SUBDIVISION PHASE 3 A SUBDIVISION OF REMAINDER TRACT A OF ALLISON SUBDIVISION PHASE 2, LOCATED IN THE NORTHEAST ONE—QUARTER AND THE SOUTHEAST ONE—QUARTER OF SECTION 24 TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M.,CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA THE PURPOSE OF THIS SURVEY IS TO CREATE AN 8-LOT SUBDIVISION THIS SURVEY WAS PERFORMED FOR OWNER OF RECORD:BON TON INC. I I 0 I Qz i O L -----------� / 3 N 89 i05'00'E•1509Aa!A TDBH YPC TDBH YPC N89'04'34'E-1509.38'(R) S 30'32'23'W.85.3T 41©\\ S 30'3a 59-W.85A0'(R)TpBH NON-TANGENTCURVE YPC ©\\ CH. 323'38'45'W(CH M) \ N N7474''3333'44'W1I W-BO.tNY M Q \ •80.87'(R) \ _ \` g ftERAR O 'a v S35'23'27'W-251.28'AI � S 35'24'20'Y/-267.3a IR) TDBH � R$ YPC� iD ( tt REMR L T 5'6$� 92737'W-720.84' 13it Z2 325°fia48'Y7.720.83(MR ��©` TPBCH S4W21'05'W273.8TAI Y L _ S 40'2Vt7'W-MAY(R) 26 116�15 p I -- S21'144'28'W-18294'(R) �JI 20 iB CUMMINGS Be 23'31'E-37'09' • ARNOLD STREET N89'IV IT E-37.Oa(R) • ---------I 900.4a18'E•60.Oa SOD'40'43•E.60.Da(R) REMAINDER TRACT A 48.210 ACRES i 33� z6 22 I NI 9'78'15'E•1827CL 89• ENTER • NIT OS E-792%'(R) S 89'78'1fi'W C 3275 YPC TDBH YPC_ S22.58'21'W 5s. OSPA A 'b \ / soz' 1 ,,o� 27•�y—/ I y� I a9•vr ,fib 11 �1 _\ --I•—� —� 80.83' 8. B'25•E •O m LOT 2 2s 1Sj: I 1 I I N S 00'it'IB'E • V SEC ION 24 �'76589. 8'42' •Q LOT1 29 Iw::.1 eesrRc 58.44' --1�;c�t--I—J (---I ---i•� 9314aerw ta3. GRAFST 17' N OD'IT SYrE 24T. • )., �$r 1 (� N OW 16'47'E-247W(R) 0 LOT 1 COLOT 1 s2• 'u' Q �:' 889.49'18'W•396.71' •- LOT Q........................... LOT 2 , -- —� REMAINDER TRACT A 36 ,.;• ,;.; TDa)IYrc BOUNDARY AND O 10�1•:OIOIOy O O, ,; J310 ADJOINERS INDEX s"esa ae'w=ve-ns.io ia) Scale r=200' Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 8 of 30 MAP 5: DETAIL OF ALLISON PHASE 3 RESIDENTIAL LOTS N 1 ar \ DETAIL OF W sm v� r , /=osPAA A ALLISON PHASE 3 PR°ac"E° A RESIDENTIAL LOTS �� K _`°Form - J LOT 3 b? /F�i�+�f� WATER � TosfiA SttXUw i i, TOSEASAN°ONED SE EB CK A t , j t k x fb F�� we°nM° // •1 I ' ' f i �OSPAB / , LOT I I LOT r/ , ' I REMAINDER TRACT A i v�t, v it "LOT 1 v r ` ...................... _.._.._ �1 PER FlLM 85 PA6E 482s IPAiOi �..__. ._-. .. _....� .�"i—.._ ,• RaaOPwN RAF STREET f• ON— — + r , i L /t .LOT 1 T _ OT 7 t / pq pq i— O w LbT 2 .7l LOT 2 - - r , Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 9 of 30 Location Photos (Source: Google Maps) Figure 1:Existing Graf Street looking west '4� Figure 2:Existing MaeNab Street looking north Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 10 of 30 SECTION -RECOMMENDED CONDITIONS OFAPPR0VAL Please note that these conditions are in addition to any required code provisions identified in this report. Mandatory compliance with the explicit terns of Chapter 38, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the minimum standards in order to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. The applicant must comply with all provisions of the Bozeman Municipal Code which are applicable to this project. Recommended Conditions of Approval: Community Development Department: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder's office has elected to continue the existing medium requirements of 2 mylars with a 11/2"binding margin on one side for both plats and COS's. The Cleric and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The subdivider shall provide the necessary declaration and recitals to facilitate the property owners' association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Allison Subdivision property owners' association. Any cost sharing agreements for maintenance shall be included with the final plat. 5. The Remainder Tract A shall be renamed. Said lot shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat "Lot development subject to further subdivision review."No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the conditions of approval sheet of the plat: "NOTICE IS HEREBY GIVEN to Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page I I of 30 all potential purchasers of Lot X, of the Allison Phase 3 Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot X, of the Allison Phase 3 Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." 6. Prior to final plat approval, in conjunction with required or offered dedications the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners' association of any open space proposed to be conveyed to the property owners' association and all its right, title, and interest in any improvements made to such open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a quit claim deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners' association. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon owned open space, the subdivider shall provide the, property owners' association an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 7. The final plat shall contain the following notation on the conditions of approval sheet in the final plat: "Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners' association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners' association created by the subdivider to maintain all common open space areas within Allison Subdivision Phase 3." Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 12 of 30 8. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts. The final plat for each phase shall only reference those streets within that phase. 9. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 10. 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. Engineering Department: 11. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. 12. A 1' wide no access strip shall be provided along the entire lot frontage of Graf Street. 13. The water main in Graf Street shall be 24" diameter in accordance with the City's master plan. 14. A floodplain development permit is required for any work that is done within the limits of the Figgins Creels delineated 100 year floodplain. The LOMR shall be approved by FEMA prior to the final plat being filed. 15. The existing storm drain, swales, and pond will need to be relocated as part of this project. If there are existing easements,they shall be abandoned. 16. An easement shall be provided for the installation of a drain line for sump pumps from Allison Subdivision Phase II unless another means of discharge is proposed and approved by the City Engineer. The sump pump discharge shall not be combined with the storm sewer system. 17. Graf Street shall be transitioned from the section constructed to the east to the 48' Collector standard as shown in the Transportation Plan. The transition may be accomplished across the intersection with MacNab Circle. 18. The sidewalk on the north side of Graf Street will be privately maintained. As such, it can be the standard 5' wide, 4"thick concrete sidewalk. 19. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 20. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. 21. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond Findings of Fact and Order Allison Phase 3 Major Subdivision,P-15007 Page 13 of 30 SECTION 3 - CODE REQUIREMENTS REQ UIRING PLAT CORRECTIONS a. 38.26.050.E BMC "Street Frontage" —The property owners' association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped,,as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. b. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. The applicant shall provide a minimum of 0.24 acres of dedicated parkland or equivalent thereof with this major subdivision. This amount is calculated based on 8 single household residential lots at 0.03 acres per dwelling of dedicated parkland. The final plat, property owners' association documents (POA), and park master plan may not include any reference to "dedicated" open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. c. 38.38.020 and 38.38.030 BMC "Covenants" - Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Department of Community Development. These covenants shall contain, but not be limited to, the following items: 1) provisions for snow removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees, 3) common area maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, and 5) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 14 of 30 executed and submitted with the initial final plat to be filed with the Gallatin County Cleric and Recorder at the time of final plat recordation. SECTION 4 -RECOMMENDA TION AND FUTURE ACTIONS Project Name: Allison Phase 3 Major Subdivision Preliminary Plat File: P15007 Development Review Committee The Development Review Committee (DRC) reviewed the Preliminary Plat application on March 4, 11, and 18, 2015 and as a result, finds that the application, with conditions, is in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act and the Unified Development Code. The DRC recommended conditional approval of the preliminary plat application. Recreation and Parks Advisory Board, Subdivision Committee The Recreation and Parks Advisory Board (RPAB) Subdivision Committee did not review the proposed preliminary plat as no parkland is proposed with Phase 3. All the parkland required for Phase 3 was dedicated with Phase 2. Planning Board The Planning Board held a public hearing on April 7, 2015 and reviewed the preliminary plat application. The Board asked questions in regards to pedestrian connectivity and use of existing parkland for park dedication credit. Staff clarified the location of the existing trail connection with the proposed development,the school and parkland, and clarified the use of existing parkland for credit does not require improvements to the existing parkland.No public comment was received at the hearing. After considering the findings provided in the staff report and all public comment received,the Board voted 8-0 recommending conditional approval of the preliminary plat. Planning Board resolution No. P15007 is attached to this report. A copy of the video of the hearing can be found here. City Commission The City Commission is scheduled to hold a public hearing and review the preliminary plat on April 27, 2015. SECTION 5 -STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period, Collectively this information is the record of the review. This analysis is a summary of the completed review. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 15 of 30 Applicable Subdivision Review Criteria,Section 38.03.040, BMC. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project, prior to receiving final plat approval. 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. 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 one, the final plat must comply with State statute and the Bozeman Municipal Code including the newly adopted ARM's from the State. 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 and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a Resolution to the City Commission who will make the final decision on the applicant's request. A complete preliminary plat application was submitted on February 11, 2015 and deemed acceptable for initial review on February 20, 2015. The preliminary plat was reviewed by the DRC on March 4, 11, and 18, 2015. On March 18, 2015 the DRC reviewed the revised materials and provided a favorable recommendation on the application to the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March 22, 2015. The site was posted with a public notice on March 19, 2015. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on March 19, 2015. No written public comment has been received on the application as of the writing of this staff report. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 16 of 30 On April 2, 2015 this major subdivision staff report was drafted and forwarded to the Planning Board with a recommendation of conditional approval. The Planning Board is scheduled to hold a public hearing on the application on April 7, 2015. The City Commission is scheduled to review the preliminary plat and make a decision at their April 27, 2015 public hearing. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate or in this case by May 15, 2015. 4) Compliance with Chapter 38,BMC and other relevant regulations Based upon the review of the DRC, 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 Easements are shown on the preliminary plat in conformance with requirements. As required under Section 38.23.060.A BMC, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to adjacent perimeter streets meeting minimum standards. Vehicular access to each lot is proposed via curb cuts to perimeter streets. Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. The Montana Subdivision and Platting Act, Section 76-3-608,M.C.A. establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Staff, the DRC and other applicable review agencies have made comments in relation to those and other criteria as described below, and have recommended conditions of approval as outlined at the beginning of this staff report. 1) The effect on agriculture The subject property is designated as Residential according to the City of Bozeman Community Plan. The subject property is zoned for residential development and the area to be subdivided on the subject property is not in agricultural production. Therefore, this subdivision will not have adverse effects on agriculture. The restricted 48 acres to the west is in current agricultural use and past crop production include fava beans. The restricted lot is required to go through further review prior to development. Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 17 of 30 2) The effect on Agricultural water user facilities There are no changes or impacts identified to agricultural water user facilities located on the proposed subdivided area of the subject property. 3) The effect on Local services Water/Sewer—Municipal water and sewer mains exist in the adjacent street right-of-ways. The applicant has provided the necessary water and sewer design report for review by the City Water/Sewer and Engineering Departments. 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 Engineering Department, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. Streets — The DRC has determined that the adjacent streets have capacity to accommodate this development. The proposed subdivision will be primarily accessed from Graf Street and secondary access provided by MacNab Street. MacNab Circle provides for lot access within the subdivision. The proposed subdivision improvements will include the installation of two local streets: MacNab Street and MacNab Circle constructed to current City design standards. Graf Street will be constructed to a collector standard within the subdivision. Graf Street will be centered within a 90-foot right-of�way with a 42-foot wide roadway (back to back curb) east of Macnab Street, matching the existing Graf Street to the east in Allison Phase 2 and a 48-foot wide (back to back curb) west of Macnab Street. Graf Street is a collector street and is proposed to have a five-foot sidewalk and 14-foot boulevard on the north side, and a 10- foot wide sidewalk and 10-foot boulevard on the south side. The Greater Bozeman Area Transportation Plan (2007) identifies Graf Street, continuing west to South 19th Street as recommended Major Street Network Improvement project. Macnab Street is a local street with a 35' width (back to back curb) connecting to the existing Macnab Street with the same width. Macnab Circle will be an extension of Macnab Street ending with a cul-de-sac for traffic turn around. Sidewalk and boulevard widths will be five-foot and 7.5-feet respectively. The dedicated right-of-way width for Macnab Street/Circle is 60-feet. The ownership and maintenance of the subdivision streets will be accepted by the City of Bozeman. Stormwater — The applicant submitted a preliminary design report for stormwater management for review by the City Engineering Department. 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. The stormwater detention facilities are located within the open space lots. A detention pond serving Allison Phase 2 to the east exists on the property. This pond will be re-graded to continue to treat Phase 2 stormwater runoff as well as the additional runoff generated from Phase 3 development. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 18 of 30 In order to provide adequate maintenance for the stormwater system all facilities which are on privately held land must be located within a public stormwater easement per Condition 12. 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 Engineering Department prior to filing the final plat to facilitate emergency response to the site. Mitigation of impacts on fire services will be mitigated with the payment of the fire impact fees due with building permits for new homes and the contributions to the general fund. Parklands — Dedicated parkland is required and has been previously provided in the Allison Phase 2 subdivision. Three acres of parldand was previously dedicated with Phase 2, leaving 1.92 acres remaining for future development. The application proposes to utilize 0.24 acres (10454.4 square feet) of parldand previously provided. Additional parldand tracking is required to be provided on the final plat in compliance with code requirement b. Allison Phase 3 Subdivision will be joining the existing Allison Subdivision property owners' association and per Condition 4, requiring the project to provide a cost sharing agreement for maintenance with final plat. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 19 of 30 Allison Phase 2 . Parkland(3 acres) �� y: �1 -c r p 3d ' Phase e 4 � t Ilx Figure 3: Vicinity Park Map 4) The effect on the Natural environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. No significant physical or topographical features have been identified (e.g., outcroppings, geological formations, steep slopes) on the proposed subdivided area of the property. The applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Control District. The plat notes that due to high groundwater full or partial basements are not recommended. The 48.2 acre restricted lot will be subject to additional subdivision review prior to development authorization. The restricted lot includes the existing Figgins Creek,recreational trail, and wetland area to the west. Findings of Fact and Order Allison Please 3 Major Subdivision,P15007 Page 20 of 30 5) The effect on Wildlife and wildlife habitat No known endangered species or critical game ranges have been identified on the subject property. This area of the City has been identified and developed for urban purposes in a location of the City where no physical features, established vegetation, or habitat exist, which reduces the potential for development of any wildlife habitat. There is a relatively low number of wildlife species inhabiting the existing property. Wildlife occasionally seen include: deer, small mammals, and song birds. The westerly property boundary and residential lot lines were laid out to provide a corridor along Figgins Creek for wildlife passage. The 50-foot water course and wetland setback areas will also be planted with native vegetation to maintain the natural environment. There are no known critical areas designated for wildlife. There are no public lands, hunting or fishing areas near the subdivision so there will be no negative impact on access to hunting or'fishing. Montana Fish, Wildlife and Parks reviewed the Preliminary Plat and recommends the following: • Avoid any activity near surface waters that might destabilize existing channels • Avoid disturbing riparian and wetland vegetation • Avoid situations that might deliver pollutants or sediments to surface waters • Avoid triple culvert designs to benefit aquatic waterlife and maintenance issues • Recommend fully spanning the creek. As a response to MT FWP recommendations, the following has been incorporated in to the proj ect: • The western property boundary and residential lots adjacent to Figgins Creek were laid out to provide a 50-foot setback from the watercourse and wetlands; • Graf Street is proposed to terminate prior to impacting Figgins Creek and the wetlands associated with the Creels; • All storm water runoff will be directed to a new detention pond where pollutants will have time to settle out before flowing into Figgins Creek. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the regulations. 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, M.C.A. and as a result, the DRC has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 21 of 30 Preliminary Plat Supplements A subdivision pre-application plan review for Allison Phase 3 was completed by the DRC on November 12, 2014. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Surface waters on the property include wetlands and an intermittent stream, Figgins Creels, as described in the Waters of the US Delineation Report. No surface water exists on the area proposed for subdivision. Figgins Creek flows parallel with the western boundary of the subdivision on the restricted lot. Wetlands exist along the Figgins Creels corridor. The wetlands and Figgins Creels will not be impacted by the development of Phase 3. A 50-foot development setback from the wetlands and surface water is required for development. The detention pond in Open Space Area A overlaps the water course setback by 20 feet, which is allowable per the Bozeman Municipal Code. There will not be any water body alteration. All buildable lots have been platted outside of the watercourse setback area except for Block 1 Lot 1 and 2, and Block 2, Lot 4, which is partially within the 50' wetland and water course setback. However, there is adequate area outside of the setbacks for a building envelope on those lots. Any activity within the identified watercourse,and/or wetlands area (i.e., road construction) will require all applicable permits (i.e., 310, 404, Turbidity exemption, etc.). 38.41.060.A.2 Floodplains A partial waiver was granted for floodplains. The proposed subdivision is located adjacent to regulated floodplain and within the 100-year floodplain as identified on FEMP Map Panel No.0818D. The applicant is applying for an amendment to the FEMP Flood Insurance Rate Map, alleging that the current FEMA Flood Insurance Rate Map incorrectly mapped the floodplain on the property. As a result, a Letter of Map Amendment has been prepared and submitted to the City and FEMA for approval. Roadway Improvements proposed for the subdivision will require fill in the floodplain and therefore a floodplain development permit application will be required with the City. The preliminary plat included with this submittal reflects the amended flood plain. The Figgins Creek floodway will not be impacted. Condition number 4 requires the applicant to obtain a floodplain development permit for any work that is done within the limits of the Figgins Creek delineated 100 year floodplain. The LOMR shall be approved by FEMA prior to the final plat being filed. 38.41.060.A.3 Groundwater Monitoring of groundwater conditions was conducted across the site in January and February 2015 using five monitoring wells, the locations and depths of which are shown in Section 8C of the attached applicant materials. The groundwater was also monitored previously between May 2000 and May 2006. According to the supplemental information provided by the applicant, groundwater at the site is expected to vary between 4 and 9 feet below ground surface, based on available NRCS soils information. This is consistent with the January 2015 groundwater Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 22 of 30 monitoring findings. Typically, groundwater levels are expected to be higher during spring runoff and drop during the summer, fall, and winter seasons. Central sewer and water, connecting to the City of Bozeman, are proposed for this project. This will minimize the potential for groundwater degradation. Channeling storm-water flows into detention basins will limit discharges to pre-development rates and will control surface water runoff. In addition,these basins will reduce the amount of sediments and contaminants within the surface runoff, thus limiting the potential for contamination of downstream aquifers. Additional Groundwater Monitoring information is included in the attached application materials, section 8C. A note is proposed to be included on the final plat that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. Installation of municipal water and sanitary sewer services will greatly reduce any concerns regarding the potential of groundwater degradation. 38.41.060.A.4 Geology, Soils and Slopes A partial waiver was granted for geology, soils and slopes. There are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic conditions present on site. The site topography slopes approximately at a 1.5% in a north-northwesterly direction. Proposed road and lot grades will not exceed 3-percent and slope work will not exceed a 4:1 horizontal:vertical ratio. No cut or fills will exceed two feet with the exception of the Graf Street approach to Figgins Creek. The approach is raised approximately four feet to provide sufficient clearance for the future placement of culverts under the roadway and to reduce impacts to Figgins Creek. The Building Department will require a soils report for each lot prior to approving a building permit. 38.41.060.A.5 Vegetation A partial waiver was granted for Vegetation. Existing vegetation on the property consists of native grasses and plants. There are no known critical plant communities on the property and no trees exist on the subdivision property. 38.41.060.A.6 Wildlife A partial waiver was granted for Wildlife. Due to the agricultural history of the property and limited mature vegetation in the area, any potential impacts to wildlife and wildlife habitat are limited to small mammals and ground nesting birds, but also larger mammals such as deer frequent the property. No known endangered species or critical game ranges have been identified in the area. The 50-foot watercourse setback along the existing watercourse will protect any riparian environment already established on the property. Montana Fish Wildlife and Parks was contacted regarding the subdivision. Montana Fish, Wildlife and Parks (FWP) reviewed the Preliminary Plat and recommend the following: Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 23 of 30 • Avoid any activity near surface waters that might destabilize existing channels • Avoid disturbing riparian and wetland vegetation • Avoid situations that might deliver pollutants or sediments to surface waters • Avoid triple culvert designs to benefit aquatic waterlife and maintenance issues • Recommend fully spanning the creek. As a response to FWP's recommendations, the following has been incorporated into the project: • The western property boundary and residential lots adjacent to Figgins Creek were laid out to provide a 50-foot setback from the watercourse and wetlands; • Graf Street is proposed to terminate prior to impacting Figgins Creels and the wetlands associated with the Creek; • All storm water runoff will be directed to a new detention pond where pollutants will have time to settle out before flowing into Figgins Creek. 38.41.060.A.7 Historical Features A partial waiver was granted for Historical Features. The State Historic Preservation Office has determined that no historical features exist on the subject property. The Office states that as long as there is no disturbance or alteration to structures over fifty years of age there is a low likelihood cultural properties will be impacted. The detailed report is included in Section 9F of the attached applicant submittal materials. 38.41.060.A.8 Agriculture A partial waiver was granted for Agriculture. This is a developing area and proposed subdivided area is not used for agriculture. The adopted Growth Policy identifies this property as Residential. The zoning designations and adopted Growth Policy do not contemplate agricultural uses for this property. The adjacent restricted lot to the west is in current agricultural use and past crop production included fava beans. The restricted lot is subject to subdivision review if further developed. 38.41.060.A.9 Agricultural Water User Facilities A partial waiver was granted for Agriculture Water User Facilities. There are no agricultural water user facilities on the subdivided area. 38.41.060.A.10 Water and Sewer New water and wastewater infrastructure will be installed on site to serve the development's residents. The new infrastructure will require connection to the existing city-owned water and wastewater facilities installed as part of the Allison Subdivision Phase 2. There are existing water and sewer mains in Graf Street and MacNab Street. The design of these original Allison Subdivision facilities accounted for the development of the proposed lot, so adequate capacity already exists in the system for the additional demands resulting from the development of Phase 3. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 24 of 30 The applicant has provided the necessary water and sewer design report for review by the City Water/Sewer and Engineering Departments. 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 As this property generally slopes from south to north, drainage swales will convey stoi7nwater from the ends of the proposed streets to an existing detention pond on the northern portion of the property. The stormwater detention facilities will be located within the Open Space lots A and B. Condition number 18 states that the existing storm drain, swales, and pond will need to be relocated as part of this project. Final approval of the stormwater system will be obtained through the City Engineering Department. 38.41.060.A.12 Streets,Roads and Alleys The DRC has determined that the adjacent streets have capacity to accommodate this development. The proposed subdivision will be primarily accessed from Graf Street and secondary access provided by MacNab Street. MacNab Circle provides for lot access within the subdivision. The proposed subdivision improvements will include the installation of two local streets: MacNab Street and MacNab Circle constructed to current City design standards. Graf Street will be constructed to a collector standard within the subdivision. Graf Street will be centered within a 90-foot right-of-way with a 42-foot wide roadway (back to back curb) east of Macnab Street, matching the existing Graf Street to the east in Allison Phase 2 and a 48-foot wide (back to back curb) west of Macnab Street. Graf Street is a collector street and is proposed to have a five-foot sidewalk and 14-foot boulevard on the north side (see condition 18), and a 10- foot wide sidewalk and 10-foot boulevard on the south side. Condition 13 requires a 1' wide no access strip along the entire lot frontage of Graf Street. The Greater Bozeman Area Transportation Plan (2007) identifies Graf Street, continuing west to South 19th Street as recommended Major Street Network Improvement project. Macnab Street is a local street with a 35' width (back to back curb) connecting to the existing Macnab Street with the same width. Macnab Circle will be an extension of Macnab Street ending with a cul-de-sac for traffic turn around. Sidewalk and boulevard widths will be five-foot and 7.5-feet respectively. The dedicated right-of-way width for Macnab Street/Circle is 60-feet. The ownership and maintenance of the subdivision streets will be accepted by the City of Bozeman. 38.41.060.A.13 Utilities The gas, electric, phone and fiber optic services will be extended into the subdivision from the existing internal and perimeter streets. All private utilities servicing the subdivision will be installed underground. The standard utility easements have been provided with the preliminary Findings of Fact and Order Allison Pliase 3 Major Subdivision,P15007 Page 25 of 30 plat. The final plat includes the easement notation required with the Certificate of Dedication as set forth in the Unified Development Code. All utilities will be required to coordinate their installation and location with the installation of the infrastructure. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. 38.41.060.A.14 Educational Facilities The applicant solicited comments from the Bozeman School District and received a letter confirming that the Bozeman School District could accommodate the new students anticipated to come from this subdivision. The subdivision is in the Morning Star Elementary School, Sacajawea Middle School, and Bozeman High School attendance areas. The letter indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use The eight lot subdivision is planned for single household residential uses as allowed in the underlying R-1 (Residential Single-household Low Density District) zoning district and is compliance with residential zoning Section 38.08.080 BMC. The residential net density (8 dwelling units per 2.435 acres) is 3.25 dwelling unit'/acre. 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision will be satisfied with public parklands dedicated with a previous phase, Allison Phase 2 subdivision. Three acres of parkland was previously dedicated with Phase 2, leaving 1.92 acres remaining for future development. The application proposes to utilize 0.24 acres (10454.4 square feet) of parkland previously provided. Additional parkland tracking is required to be provided on the final plat in compliance with code requirement b. Allison Phase 3 Subdivision will be joining the existing Allison Subdivision property owner's association and per Condition 4, requiring the project to provide a cost sharing agreement for maintenance with final plat. 38.41.060.A.17 Neighborhood Center Plan The required 0.24 acre parkland dedication for the proposed subdivision was provided for in Phase 2. The proposed 3.97 acre development is less than the 10-acre threshold requirement to provide a Neighborhood Center. 38.41.060.A.18 Lighting Plan Street lights are proposed around the perimeter of`the subdivision and at all intersections in accordance with the City of Bozeman Design Standards and Specifications Policy. Final approval of the lighting system will be obtained through the City Engineering Department. 38.41.060.A.19 Miscellaneous There are no public lands other than parkland within 200 feet of the subdivision or any health or hazards on site or adjacent to the subject property. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 26 of 30 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 10.08, BMC,has been suspended by the City Commission. SECTION 6-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 for the subdivision of 52.185 acres into eight single-household lots, two open space lots, and a 48.21 acre lot with restricted development and subject to further subdivision review. 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 Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 27 of 30 the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this F day of €� , 2015. 3 BOZEMAN CITY COMMISSION JEF XRAUSS Max'f ATTEST: Boo h , a w � < ST ,�-'Y- LM 5N, CMS City Clem APPROVED AS TO FORM: GREG,StLLIVAN City Attorney Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 28 of 30 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject area of the property to be subdivided is zoned "R-1" (Residential Single-household Low Density District). The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. The 48.21 acre lot restricted development subject to further subdivision review is zoned R-1, R-3 and R-4. Adopted Growth Policy Designation: The property is designated as "Residential" in the Bozeman Community Plan. This designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B —DETAILED PROJECT DESCRIPTIONAND BACKGROUND Project Description The property owner, Bon Ton Inc, PO Box 906, Bozeman, MT 597717, and representative, Madison Engineering, 895 Technology Blvd Ste 203, Bozeman, MT 59718 have submitted an application to subdivide an existing lot of 52.128 acres into eight single-household lots,two open space lots, and a 48.21 acre lot restricted development subject to further subdivision review. Parkland requirements are met through previously dedicated parldand provided in Phase 2. Findings of Fact and Order Allison Phase 3 Major Subdivision,P15007 Page 29 of 30 MacNab Street will be extended north through the property to connect with Graf Street, and Graf Street will be extended through the site to the west. APPENDIX C—NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on November 12, 2014. A subdivision pre- application plan review was completed by the DRC on January 7, 2015. Summary review comments were forwarded to the applicant in preparation of the preliminary plat applications. A complete preliminary plat application was submitted on February 11, 2015 and deemed acceptable for initial review on February 20, 2015. The preliminary plat was reviewed by the DRC on March 4, 11, and 18, 2015. On March 18, 2015 the DRC reviewed the revised materials and provided a favorable recommendation on the application to the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March 22, 2015. The site was posted with a public notice on March 19, 2015. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on March 19, 2015. No written public comment has been received on the application as of the writing of this staff report. On April 2, 2015 this major subdivision staff report was drafted and forwarded to the Planning Board with a recommendation of conditional approval. The Planning Board held a public hearing on April 7, 2015 and reviewed the preliminary plat application. The Board asked questions in regards to pedestrian connectivity and use of existing parkland for park dedication credit. Staff clarified the location of the existing trail connection with the proposed development, the school and parkland, and clarified the use of existing parkland for credit does not require improvements to the existing parkland. No public comment was received at the public hearing. After considering the findings provided in the staff report and all public comment received, the Board voted 8-0 recommending conditional approval of the preliminary plat. Planning Board resolution No. P15007 is attached to this report. A copy of the video of the hearing can be found here. The City Commission is scheduled to review the preliminary plat and make a decision at their April 27, 2015 public hearing. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate or in this case by May 15, 2015. Findings of Fact and Order Allison Phase 3 Major Subdivision,PI5007 Page 30 of 30 APPENDIX D — OWNER INFORMA TION AND REVIEWING STAFF Owner/Applicant: Bon Ton Inc.,PO Box 906 Bozeman, MT 59771-0906 Representative: Madison Engineering, 895 Technology Blvd Ste 203, Bozeman, MT 59718 Report By: Heather Davis, Associate Planner The fall application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.