HomeMy WebLinkAbout19219 Findings of Fact and Order Page 1 of 19
19219, City Commission Findings of Fact for the Gran Cielo Subdivision
Public Hearing Date: Planning Board, September 3, 2019 at 7:00 pm in the City
Commission Room 121 N. Rouse Avenue, Bozeman, Montana
City Commission, September 23, 2019 at 6:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana
Project Description: A Preliminary Plat application for a proposed 48.754-acre major
subdivision to create 124 residential lots, 3 open space lots, 1 park and the
associated right-of-way. This subdivision has already received preliminary plat
approval with a Findings of Fact signed on July 16, 2018; this review is due to
changes to parkland and density.
Project Location: The subject parcel is located northwest of the intersection of S. 27th
Avenue and Graf Street and legally described as Tracts 3&4 of Certificate of Survey
2725,located in Section 23, Township 2 South Range 5 East.
Recommendation: The application conforms to standards and is sufficient for approval
with conditions and code provisions.
Commission Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented
in the staff report for application 19219 and move to approve the subdivision with
conditions and subject to all applicable code provisions.
Findings Date: October 24, 2019
Staff Contact: Danielle Garber,Associate Planner
Griffin Nielsen, Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1) All unresolved issues in the Findings of Fact originally reviewed with the Gran Cielo
Major Subdivision preliminary plat application no. 17522 remain.
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on October 25, 2017, requesting a major subdivision. The project and
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 2 of 19
subsequent revisions were reviewed by staff and the Planning Board and on June 18, 2018,
this subdivision was approved by the City Commission.
On February 1, 2019, a new Pre-Application was received and reviewed by the Development
Review Committee (DRC). On May 22, 2019, this preliminary plat was received. Since the
preliminary plat approval by the City Commission in 2018,the second park in Phase IV,Block
14 has been removed triggering this new review cycle. The applicant proposes
approximately 21 units be placed on lot 4 instead and enhanced amenities as improvements-
in-lieu be provided in the "central park" totaling 4.24 acres.
The Planning Board reviewed the application on September 3, 2019 and voted 7-0 to
recommend approval of the subdivision with conditions and code provisions. Discussion
involved the density cap for parkland dedication at known and unknown densities, the park
master plan and cash-in-lieu approval process moving forward,what has triggered this new
application, proximity to commercial centers, availability of bike lanes, transit, trails, etc.,
and proximity of the entire subdivision to the proposed central park and nearby parks.
Video of the meeting can be found here.
On September 9, 2019,the Recreation and Parks Advisory Board (RPAB) Subdivision Review
Committee voted 3-0 to approve the recommendation of cash-in-lieu for 2.58 acres,with the
exact amount of improvements to be adjusted based upon the appraisal in place at the time
of final plat. The discussion involved comments by Parks staff regarding the timing of the
final plat and the updated appraisal value of $1.60 per square foot value of parkland, the
requirement for a city standard park sign, and questions to the applicant regarding the
proposed improvements above and beyond the minimum required value as it can be
estimated at this time.Board members asked questions regarding the size of the central park,
can the central park be expanded,the condition of approval for a city-wide park maintenance
district waiver, the cash-in-lieu criteria of review, and whether improvements are more
favorable than cash-in-lieu. The full RPAB board will review that recommendation and the
subdivision review committee report on September 12, 2019. The Director of Parks and
Recreation is the review authority for the improvements-in-lieu proposal based on staff
findings and the recommendation of the RPAB.The City Commission is the review authority
for the master park plan proposed with this preliminary plat application.
With the exception of some Parks Department corrections, the DRC did not provide any
additional comment or corrections, noting that the code corrections and conditions of
approval provided for the original pre-plat no. 17522 are all still relevant.
This amendment only affects a multi-household lot and therefore does not impact any
affordable housing standard, condition of approval, or requirement for compliance.
The City Commission reviewed the preliminary plat at their September 23, 2019 public
hearing. No public comment was received at this meeting. The Commission requested
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 3 of 19
clarification on the cash in lieu calculation, nearby parks and what minimum improvements
to the remaining central park would be. City Staff clarified that the proposed master park
plan currently shows improvements above and beyond the minimum, but the applicant is
not required to construct above the minimum required improvements. See staff analysis of
this topic on page 12 of this report.
The City Commission voted to approve the subdivision 4-0 with recommended conditions
and code corrections, with all Commissioners present voting in favor. The Commission
meeting can be found here
All staff findings in the attached finding of facts for this subdivision still stand. This
report aims to provide supplementary information and findings based on the proposed
changes.
19219, City Commission Findings of Fact- Gran Cielo Subdivision Page 4 of 19
TABLE OF CONTENTS
EXECUTIVE SUMMARY................................................................................................................. 1
UnresolvedIssues ............................................................................................................. 1
ProjectSummary............................................................................................................... 1
SECTION1 - MAP SERIES.............................................................................................................. 5
SECTION 2 - REQUESTED VARIANCES ....................................................................................... 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL..................................................... 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS.................................. 9
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS................................................... 10
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................................ 10
Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................ 10
Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 12
Preliminary Plat Supplements ....................................................................................... 13
SECTION 7-FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS......................... 15
APPENDIX A-PROJECT SITE ZONING AND GROWTH POLICY............................................... 17
APPENDIX B - NOTICING AND PUBLIC COMMENT................................................................. 18
APPENDIX C - OWNER INFORMATION ..................................................................................... 18
FISCAL EFFECTS.......................................................................................................................... 19
ATTACHMENTS........................................................................................................................... 19
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 5 of 19
SECTION 1 - MAP SERIES
W GRAF ST
L.xyarii:
Pti, ning Piojec,s yak siKm
I Parade
ReadsAHe
City Limits (001
comrnenity Flan Future Land Use
Residenllal
Rasidenlial Ernphatas Mixad Use i
suh vban Rgsidenlial
Reobfial Commefelal erld StMtes _
conanueiiy Care r i
Cnrnmunhy Commercial Mixed Use r
-uaness Park Mixed Use
Indusuial
"Alin Instibihans
parks,Open Space and P:acramonal land: r
.., t7lryar F'�lu L.irvJs �
clorr rnurEe '�
Figure 1: Growth Policy Designation
19219, City Commissim Fimlings of Fact— Gran Cielo Stcbdivision Page 6 of 19
57;ltGKN RD
�I
R-4
A P�R
i
R-3
'l.
L'r
.x!
irl
1►'�CI�;�F ST
it■i' �
s
pPlannn.j BnIr.r.11 „rlrr11m N
CIA
Knara �,-
Cily LIOGs
Figure 2: Zoning Map
19219, Cio3 Commission Findings of Fact— Gran Cielo Subdivision Page 7 of 19
GRAN CII-I O SUBDIVISION
t i A7 Tk i Ii t -.I,I NTW 4--,I IF
I 1 SI i MAN
9} I .% I '
M
11 W Nt1I2 AlAIldt t, !'.p..(hIFVI.
t
. r,
y +I
_
f r!
jW
10
v
,
r
N I
W, xraact---
I{
A
- -
�—fi
n
- I � � _ * .— �, I=•gyp_ �` _' ( -
_ � t
w
t
Figure 3: Subdivision Map (Changes Highlighted in Red)
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 8 of 19
� rSCHEDULE
-- 0 WAY---------
' I
i se aI
—
I"I"IV1
Figure 4: Gran Cielo Park
SECTION 2 —REQUESTED VARIANCES
No variances are requested with this application.
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 preliminary plat application.
Recommended Conditions of Approval:
1. In addition to the conditions of approval listed in this report, all conditions of approval
in the Findings of Fact originally reviewed with the Gran Cielo Major Subdivision
preliminary plat application no. 17522 remain.
2. The plat must 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 must be accompanied by all required
19219, City Commission Findings of Fact- Gran Cielo Subdivision Page 9 of 19
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 must 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 (S) paper prints. The Gallatin County Clerk&Recorder's office has
elected to continue the existing medium requirements of 2 mylars with a 1Y2" binding
margin on one side for both plats and COS's. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. The applicant must 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 must include a digital copy
(pdf) of the entire Final Plat submittal. This narrative must in sufficient detail to direct
the reviewer to the appropriate plat,plan, sheet, note, covenant, etc. in the submittal.
4. 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.
S. The proposed park signage plan must meet the design guidelines in Appendix G of the
Parks, Recreation, Open Space and Trails Plan (contact the Parks Department for
specifications).
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. In addition to the code provisions listed in this report,all code provisions in the Findings
of Fact originally reviewed with the Gran Cielo Major Subdivision preliminary plat
application no. 17S22 remain.
2. Section 37.420.030.0 - Cash donation in-lieu of land dedication must be equal to the fair
market value of the amount of land that would have been dedicated.The fair market value
is the value of the unsubdivided, unimproved land after it has been annexed and given a
municipal zoning designation.The city commission may adopt procedures to be used by
the director of parks and recreation to determine the fair market value. The amount of
the cash-in-lieu to be provided must equal the city's established fair market value per
square foot times the amount of land required to be dedicated.The city must periodically
update the market value as deemed necessary to reflect changes in the price of land.The
valuation used for calculating the amount due will be the valuation in effect at the time
an application for final plat or final plan approval is complete.
For the purposes of calculating minimum required improvements-in-lieu of
parkland as proposed by the applicant, the applicant must provide an updated
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 10 of 19
required cash-in-lieu amount based on the city's established fair market value at
the time of final plat, or as an alternative provide an alternate market valuation
provided by a certified real estate appraiser.
3. Section 38.420.030. B -When a combination of land dedication and cash donation in-lieu
of land dedication is required, the required cash donation may not exceed the
proportional amount of the total required mitigation not covered by the land dedication.
Nothing in this section prohibits a developer from offering more than the required
minimum.
The applicant must acknowledge in writing that the master park plan includes
improvements beyond the required improvements-in-lieu amount should the
improvements exceed the minimum required amount at the time of final plat.
SECTION 5 -RECOMMENDA TIONS AND FUTURE AMONS
The DRC determined that the application was adequate for continued review on September
6, 2019 after receiving a revised parkland calculation and cost estimate satisfying a code
correction required by the parks Department.
The Planning Board conducted a public hearing on September 3, 2019 to review the
preliminary plat and recommended approval of the application with the conditions
outlined in this report to the City Commission.
The City Commission reviewed the application at the public hearing on September 23, 2019
and approved the application 4-0 with the conditions outlined in this report.
SECTION 6 -STAFFANALYSISAND 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 38.240.130,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 of Approval No. 2,the final plat must comply
with State statute,Administrative Rules of Montana, and the Bozeman Municipal Code.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 11 of 19
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. Sections 3 and 4 of this report identify conditions and code corrections
necessary to meet all regulatory standards.Therefore,upon satisfaction of all conditions and
code corrections the subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part
6 of the Montana Subdivision and Platting Act
The application was received on May 22, 2019. The application was reviewed and found
inadequate for further review on August 15,2019.Public hearings were scheduled on August
18, 2019. Revisions received September 6, 2019 were reviewed and the application was
found to be adequate on this date.
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 report to the City Commission who will
make the final decision on the applicant's request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be
made within 80 working days of the date it was deemed adequate, pursuant to Section
38.240.130.A.5.a(4), BMC, unless there is a written extension from the developer, not to
exceed one year.
Public notice for this application was given as described in Appendix C and no comment was
received as of the issuance of this staff report.
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 if all code requirements are satisfied. Pertinent code provisions
and site specific requirements are included in this report for City Commission consideration
in Sections 3 and 4.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
No change with this application,see attached Findings of Fact for the Gran Cielo Subdivision,
application no. 17522.
19219, City Commission Findings of Fact- Gran Cielo Subdivision Page 12 of 19
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
No change with this application, see attached Findings of Fact for the Gran Cielo Subdivision,
application no. 17522.
Primary Subdivision Review Criteria,Section 76-3-608
1) The effect on agriculture
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
2) The effect on Agricultural water user facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
3) The effect on Local services
Also see attached Findings of Fact for the Gran Cielo Subdivision, application no. 17522
Parklands-The proposal meets the required park dedication and improvement standards.
The Recreation and Parks Advisory Board Subdivision Review Committee recommended
approval of the combination land dedication and improvements-in-lieu proposed by the
applicant.A summary of their discussion can be found on page 2 of this report.The
proposed park plan includes dedication of land with additional improvements to meet the
total obligation. Based on an unknown density cap of 8 dwelling units per acre, 6.82 acres
of parkland is required. The applicant proposed 4.24 acres of land dedication and 2.58
acres of improvements-in-lieu of dedication. The current dollar value of the remaining
required 2.58 acres of parkland is $168,577 at the valuation of$1.50 per square foot in
effect during preliminary plat submittal. The applicant proposed an additional $1.1 million
in improvements beyond the minimum required cash-in-lieu value. Preliminary Plat
supplement P contains the current park plan and demand calculations.A final park plan
will be completed and approved with the initial final plat. The applicant is required by code
only to install the minimum required improvements. Plans and specification review by the
Parks Department will occur before installation of any work.
Water/Sewer- Municipal water and sewer can be provided to this site.The Engineering
Division reviewed changes to demand created by changing Lot 4, Block 14 to residential
units from parkland.
Streets-The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. This application proposes no changes to the originally approved street
19219, City Commission Findings of Fact- Gran Cielo Subdivision Page 13 of 19
alignment. The Engineering Division found that the traffic impact statement originally
reviewed with application 17522 is still valid.
Police/Fire-The area of the subdivision is within the service area of both these
departments. No changes to these circumstances were presented with the change in
density with this application.
Stormwater-The subdivision will construct stormwater control facilities to conform to
municipal code.With changes to density presented with this application the detention
pond in the northwest corner of block 14 has been expanded and this condition was
reviewed by the Engineering Division. Inspection of installed facilities prior to final plat will
verify that standards have been met. Maintenance of the storm water facilities is an
obligation of the property-owners association. This responsibility is addressed in the
covenants proposed with the subdivision.
4) The effect on the Natural environment
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
5) The effect on Wildlife and wildlife habitat
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
6) The effect on Public health and safety
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on March 6, 2019.
With the pre-application plan review application,waivers were requested from the
materials required in Section 38.220.060 "Additional Subdivision Preliminary Plat
Supplements." Some items were not waived and all required material has been addressed.
Staff offers the following summary comments on the supplemental information required
with Article 38.41, BMC.
38.220.060.A.1 Surface Water
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.2 Floodplains
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 14 of 19
38.220.060.A.3 Groundwater
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.4 Geology, Soils and Slopes
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.5 Vegetation
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.6 Wildlife
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.7 Historical Features
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.8 Agriculture
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.9 Agricultural Water User Facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.10 Water and Sewer
See discussion above under primary review criteria.
38.220.060.A.11 Stormwater Management
See discussion above under primary review criteria.
38.220.060.A.12 Streets, Roads and Alleys
See discussion above under primary review criteria.
38.220.060.A.13 Utilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 15 of 19
38.220.060.A.14 Educational Facilities
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.15 Land Use
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
Provided by creation of the central park.Additional features within the park are identified
in Supplement P.
38.220.060.A.18 Lighting Plan
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.19 Miscellaneous
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision, application no. 17522.
38.220.060.A.20 Affordable Housing
No change with this application, see attached Findings of Fact for the Gran Cielo
Subdivision,application no. 17522. No additional detached homes or townhomes are
proposed with the conversion of Lot 4, Block 14 to residential uses.
SECTION 7—FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38,Article 2, 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 these findings of fact was
conducted.
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. The matter of the preliminary plat application was considered by the City Commission
at a public hearing on September 23, 2019 at which time the Department of Community
Development Staff reviewed the project and stated that no written public comment was
submitted to the City prior to the public hearing.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 16 of 19
D. Chris Budeski of Madison Engineering acknowledged agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on September 23,
2019 and no members of the public offered testimony for or against the subdivision.
F. 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 210, 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 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 them regarding this
application,the City Commission makes the following decision.
G. 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 plat 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.
DATED this day of Q1rt,,�yyibe,� 2019
BOZEM CO MISSION
NTHIA .AN RUS
Mayor
` ATTEST:
BO
Z •,
``�, • fir+ :a.:�-J,
* , �,.T •z� ROBI ROUGH
tL9TIN CO•��O- .
19219, City Commission Findings of Fact— Gran Cieto Subdivision Page 17 of 19
City Cleric
APPROVED AS TO FORM:
GRE LLIVAN
City Attorney
APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses; The subject property is zoned R-3 (Residential
Medium Density District) and R-4 (Residential High Density District). The intent of the R-3
residential medium density district is to provide for the development of one-to five-
household residential structures near service facilities within the city. This purpose is
accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings,
two to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character,while reducing the adverse effect of
nonresidential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated
service functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3.Allowing office use as a secondary use, measured by percentage of total building
area.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 18 of 19
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial
districts, and/or served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as `Residential." The
"Residential"classification 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—NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and
City Commission public hearings. Per Article 38.40, Notice was provided by posting the site,
mailing by certified mail to adjacent property owners and by first class mail to all other
owners within 200 feet, and by legal advertisement publication in the Bozeman Daily
Chronicle. Content of the notice contained all elements required by Article 38.40, BMC.
APPENDIX C- OWNER INFORMATION
Owner: Bozeman Haus LLC, c/o CP Manage LLC 8401 Wagon Boss Road, Bozeman MT 59715
Applicant: Cadius Partners LLC 8401 Wagon Boss Road Bozeman MT 59715,
Representative: Madison Engineering 895 Technology Boulevard Suite 203 Bozeman MT 59718.
19219, City Commission Findings of Fact— Gran Cielo Subdivision Page 19 of 19
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential development.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application No. 17522 Findings of Fact signed by Deputy Mayor Chris Mehl July 16, 2018