HomeMy WebLinkAbout19002 Allison Phase 4 PP Findings of Fact Return to:
City of*Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Allison Phase
4 Major Subdivision 19002
Public Bearing Dates: Planning Board January 7,2020 at 7:00 pm in the City Commission
Room 121 N. Rouse Avenue, Bozcman, Montana
City Commission, February 10, 2020 at 6:00 pm in the City Commission Room 121 N.
Rousc Avenue, Bozeman,Montana
Project Description: Application for the subdivision of 48.21 acres into thirty two residential
single household, nine; townhouse, five residential multi-household and three restricted
development lots,and including streets and rights of way.The site is located at South 1 Ith Avenue
and Arnold Street. The project site is generally located SE of the intersection of South I lth and
Opportunity Way and extends past Graf Street to the south and to the Morning Star School cast of
the site.
Project Location: Located in the Northeast onc-quarter and the Southeast onc-quarter of Section
24,Township 2 South, Range 5 East,City of Bozeman, Gallatin County, Montana
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19002, Qv Conan s.vion Findings of Fart ANison Phase 4 Major Subdivision Page 2 of 29
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and axle provisions.
Commission Recommended Mofion: I laving reviewed and considered the application
materials,public comment,and all the information presented, 1 hereby adopt the findings
presented in the staff report for application 19002 and move to approve the subdivision with
conditions and subicct to all applicable code provisions.
Action Date: February 10,2020
Staff Contact: Brian Krueger, Development Review Manager
Griffin Nielsen, Project Engineer
Agenda Item Type: Action(Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Moues
There arc no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant made application to develop a Major Subdivision to subdivide
the existing 48.21 acres of the Allison Phase 4 Major Subdivision.The subdivision will create
thirty two residential single household, nine townhouse, five residential multi-household and
three restricted development lots,and including streets and rights of way.
The property includes a mix of lone designations.The subject property is zoned primarily for R-
1, with smaller portions of R-2 and R-3 at the north of the site.The R-3 portion is located SE of
die intersection of South i ith and Opportunity Way and is roughly 5 acres.The R-2 portion is
located SE of the intersection of University Drive and Opportunity Way and is roughly 8.8 acres.
The development will construct Bon Ton Avenue from Opportunity Way, south past Arnold
Strcct where it will terminate at the future phase line. Arnold Street will be constructed from
South I I`h Ave to its terminus at the eastern property line. Studcnt drive will be constructed from
South I i'h to the proposed South 711'Ave. and Vollmer Street will be constructed from Student
Drive to Bon Ton Avenue.
Parkland dedication through cash in lieu of land dedication is proposed and is recommended for
approval by the Recreation and Parks Advisory Board. No additional parkland development is
proposed at this time.
The three remaining lots arc proposed as restricted development lots which will require further
subdivision review prior to development and infrastructure installation.
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19002, Cilp Commission bindings of Fact Allison Phase 4 i1fujor.Snhdivi►ion Page 3 of 29
The Planning Boatxl held a public hearing on the application on January 7, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application.The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. lour members of the public spoke at the hearing. The oral comments at the
meeting were regarding generally concerning potential impacts to Figgins Creek and the
associated recreational trail, change in character to the area and potential student residents,
increase in traffic,storniwatcr infrastructure, wetlands, and the potential future use of the
restricted development lots. Staff responses arc;provided in Appendix B. The Planning Board
proceedings may be viewed here under the date January 7,
2020: https://w%vAr.bozeman.nct/services/city-tv-and-streamin&-audio
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate.The Development Review
Committee(DRC)deemed the application adequate for continued review on December 11,2019.
Pursuant to BMC 38.240.130 the city commission sliall approve,conditionally approve or deny
the subdivision application by February 11,2020, unless there is a written extension from the
developer, not to exceed one year.
No written public comment was received.
The public hearing date for the City Commission was February 10,2020. The hearing was held
in the City Commission chamber, 121 N Rouse Avenue at 6 pm.
The City Commission met to consider the application fir a preliminary plat for the subdivision
of 48.21 acres into thirty two residential single household, nine townhouse, five residential multi-
household and three restricted development lots,and including streets and rights of way. The site
is located at South I I th Avenue and Arnold Street. '1'hc project site is generally located SE of the
intersection of South I 1 th and Opportunity Way and extends past Graf Street to the south and to
the Morning Star School east of the site. One member of public spoke at the hearing.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the int'ormation presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code.'Therefore,the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission's review,deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date February 10,
2020:
httns://%%rww.bazcman.net/services/city-tv-and-Streaming-audio
Alternatives
1. Approve the application with the recommended conditions;
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19002, City Commission Findings of Fact Allison Phase 4 Major SnGdivision Page 4 of 29
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission's findings of non-compliance with the
applicable criteria contained within the staff report;or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.This alternative is
requested if the Commission wishes to amend or add conditions of approval.
TABLE OF CONTENTS
EXECUTIVESUMMARY ............................................................................................................2
UnresolvedIssucs...............................................................................................................
ProjectSummary................................................................................................................. 2
Alternatives......................................................................................................................... 3
SECTION 1 MAP SERIES.......................................................................................................... 5
SECTION 2—REQUESTED VARIANCES ............................................................................... 10
SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL.......................................... 10
SECTION 4-CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS.......................................... Is
SECTION 6-STAFF ANALYSIS AND FiNDiNGS................................................................. 16
Applicable Subdivision Review Criteria, Section 38.240.130.A.S.b,BMC..................... 16
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19
Preliminary Plat Supplements...........................................................................................22
SECTION 7-FINDINGS OF FACT,ORDER AND APPEAL PROVISIONS .........................25
APPENDIX A—PROJECT SiTE ZONING AND GROWTH POLICY...................................... 26
APPENDIX B—NOTICING AND PUBLIC COMMENI.......................................................... 27
APPENDIX C-OWNER iNFORMATION................................................................................ 23
ATTACHMENTS......................................................................................................................... 29
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19002, City Commission Tinrlin;;,\ o/'PncYAllison I'lrase 4 M(ijor Siib(lirision Page 5 of 29
SECTION I -MAP SERIES
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19002, City Commission Findings of Fact Allison Phase 4 Major Subdivision Page 8 of 29
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19002, City Commission Findings of Fact Allism Phase_ 4 Maju,•Srrbiliviviw1 Page 9 of 29
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19002, Cily Conunission Findings of Foc7 Allison Phase 4 Major Subdivision Page 10 of 29
SECTION 2—REQUESTEI) VARIANCES
There are no variance requested with this subdivision application.
SECTION 3 -RECOMMENDED CONDITIONS OF APPRO PAL
Please note that these conditions are in addition to any required code provisions identified in this
report. •These conditions are spocific to the preliminary plat application.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions,or code provisions that are not specifically
listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the
lawful requiremcnts of the Bozeman Municipal Code or state law.
2. The final plat must conform to all requirements of the Borcman Municipal Code and the
Uniform Standards flor Monumcntation, Certificates of Survey, and Final Subdivision Plats
(24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)and must be accompanied by all
required documents, including certification fi-om the City Engineer that record drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates.
3. Lot 2 Block 2; Lot 2 Block 7 and Lot I Block 9 must be platted as undevelopable lots in
accordance with Section 38.270.030 BMC,with the following language placed on the
undevclopable lot of the final plat:
"Lot development subject to further subdivision review."
No public improvements must be required for the undevclopablc lot until it is subdivided as a
lot not subject to this restriction. This language must be placed on the conditions of approval
sheet of the final plat or in a separately executed document to be recorded with the final plat:
"NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2 Block 2; Lot 2 Block 7
and Lot 1 Block 9 of the Allison Subdivision Phase IV, 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 38.270 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 fiu•ther subdivision,and no development of this lot must occur until all on and off
site improvements are completed as required under the Bozeman Municipal Code.
TI-IRI.RrFORr,BE ADVISED, that Building Permits will not be issued for Lot 2 Block 2;
Lot 2 Block 7 and Lot I Block 9 of the Allison Subdivision Phase iV,City of Bozeman,
Gallatin County, Montana until all required on and off site improvements arc completed and
accepted by the City of Bozeman.No building structure requiring water or sewer facilities
must 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 tlhe City of Bozeman."
4. The final plat must contain the following notation on the conditions of approval sheet in the
final plat: "The responsibility of maintenance for the stormwater facilities and street frontage
landscaping for the perimeter streets must be that of the property owners' association.
Maintenance responsibility must include,all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
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19002, Cily Commission Findings of Face Allivoit 1'lurse 4 Major Srrbdi►�ision Page 1 I of 29
development streets. The property owners' association must be responsible for levying
annual assessments to provide for the maintenance,repair,and upkeep of all perimeter street
frontage landscaping and stormwater facilities."
5. Documentation of compliance with the parkland dedication requirements of Section 38.420,
BMC must be provided with the final plat. A table showing the parkland requircnicnts for the
subdivision and the method of meeting the parkland dedication must 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.
6. The final plat must provide all necessary utility casements and they must be described,
dimensioned and shown on each subdivision block ot'the final plat in their true and comcct
location.
7. A ten foot front setback utility easement must be provided along the Arnold Street frontage
of Lot 2, Block 7.
8. The subdivider must install perpetual wetland boundary fiberglass markers on the
watercourse setback line on Lot 1, Block 8 of Phase 4B prior to final plat approval.
9. A water course setback planting plan must be submitted with the final plat application and
must be implemented and installed on Lot I, Block 8 of Phase 4B prior to final plat approval.
10. A building envelope must be provided for Lot 1, Block 8 of Phase 4B that is in conformance
to the form and intensity standards and water course setbacks within the Bozeman Municipal
Code. An exhibit on the conditions of approval sheet for this lot must be provided with the
allowable building envelope depicted.
11. A separate recordable document must be submitted with the final plat application for Lot 1,
Block 8 for review and city approval that describes the limited buildable area on the lot, the
building envelope, the requirement for the watercourse setback plantings, and perpetual
boundary markers for the setback and describing the limitations on development and
activities in the setback area per BMC 38.410.100.A.2. The document must be recorded with
the final plat.
12. All storrnwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
13. The approved affordable housing plan must be recorded concurrent with the final plat and a
reference to the recorded document must be provided on the conditions of approval page of
the final plat. The reference on the conditions of approval sheet must be"This subdivision is
subject to affordable housing requirements.The subdivision's requirements and obligations
can be found in the Allison Subdivision, Phase 1V Affordable Ilousing Plan recorded as
document no. at the Gallatin County Clerk and Recorders Office."
14. The alley must be extended to the east the width of the lot on the south side of Lot 1, Block
7, Phase 4A and may be in the form of an alley casement.
15. Unless high groundwater conditions are determined to not be present by the engineering
department(depth to groundwater exceeding 48"across the property)the following note
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19002, City Conrnrission F'indLrgs of Farr Allison Phase 4 Major Subdivision Page 12 of 29
must appear on the final plat: No crawl space%or basements may be constructed. Sump
pumps are not allowed to be connected to the sanitary sewer system or the stornnvater
drainage system. Sump pumps may not discharge onto streets or into the curb and gutter.
16. A 1 foot no access strip must be placed along the property frontage fronting on South 11"'
Avenue.
17. A I foot no access strip must be placed along the property frontage fronting on Arnold Street.
18. The property falls within the payback created for the recently completed South 11"' Avenue,
see Resolution 5003. Payment for the properties proportional share must be provided prior to
final plat approval.
19. The property falls within the payback created for the recently completed Graf Street, see
Resolution 4740. Payment for the properties proportional share must be provided prior to final
plat approval.
20. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID's) for the following:
A.
a. Street improvements to South I I`h Avenue including paving, curb/gutter, sidc%valk, and
storm drainage
b. Street improvements to West Graf Street including paving, curblgutter, sidewalk, and
storm drainage
c. Street improvements to South 7`h Avenue including paving, curb/gutter, sidewalk, and
storm drainage
d. Intersection improvements to South I Vh Avenue and West Graf Street
c. Intersection improvements to South I Vh Avenue and Kagy Boulevard
f. Intersection improvements to South 7`'Avenue and Kagy Boulevard
The applicant may obtain a copy of the template SID waiver from the City Engineering
Department(Griffin Nielsen). The document filed must specify that in the event an SID is not
utilized for the completion of these improvements, the applicant agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development, or a combination thereof. The applicant
must provide a copy of the SID waiver filed with the County Cleric and Recorder prior to final
plat approval.
21. The applicant must contact the Gallatin County Conservation District,Montana Department of
Environmental Quality,and U.S.Army Corps of Engineers regarding the proposed project and
any required permits (i.e., 310, 404, Turbidity exemption, ctc.) must be obtained by the
applicant final approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING;PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat. All references are to the Bozeman Municipal Code(BIVIC).
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19002, Cite Commission Mirdittgs of rad Ailison Phase 4 Major Subdivision Page 13 of 29
1. BMC 38.220.050.A.3. Groundwater supplement.The seasonal high groundwater elevations
must be verified prior to final plat approval.The provided groundwater data was collected
outside of the seasonal high. Staff recommends condition of approval 15 related to this issue.
2. 13MC 38.220.300 and 310.The POA documents must be finalized and recorded with the final
plat. The I'OA documents must include the requirements of Section 38.220.300 and 320.
3. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must
specifically list all installed improvements and financially guaranteed improvements.
4. BMC 38.240.150.A.3.d. Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights;documents required.
(1)For the transfer of real property in satisfaction of required or offered dedications to the city,
and required or offered donations or grants to the property owners' association (POA), the
subdivider or owner of the property must submit with the application for final plat a warranty
deed or other instrument acceptable to the city attorney transferring fee simple ownership to
the city or the POA.
(2)For the transfer of personal property installed upon dedicated parkland or city-owned open
space, or POA-owned parkland or open space;, the subdivider must provide the city an
instrument acceptable to the city attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument transferring
ownership or interests at the time of recording of the final plat with the original of such deed
or instrument returned to the city or 1'OA as applicable.
(4)For the transfer of ownership interest in water,the subdivider or owner of the property must
submit with the application for final plat a deed or other instrurncnt acceptable to the city
attorney transferring ownership to the city or POA, along with all required state department of
natural resources and conservation documentation,certification and authorisation.
5. BMC 38.240.520. Where non-public improvements arc to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of non-public
improvements.A certificate for all improvements related to the perimeter street and open space
lot landscaping and irrigation must be provided on the final plat.
6. BMC 38.240.530. When irrigation of public facilities arc to be installed prior to final plat
approval,the final plat of'subdivision must contain a certificate of completion of water-related
improvements. The certificate must list all completed and accepted improvements, including
but not limited to all irrigation system record drawings.The subdivision proposes irrigation of
public street frontage. This certificate must be provided on the final plat.
7. BMC 38.270.030.B.2.a and b.Completion of improvements, Sidewalks.
a.The subdivider must install sidewalks adjacent to public lands, including but not limited to,
parks, open space, and the intersection of alleys and streets or street casements. Sidewalks in
these areas must be installed prior to final plat approval, or must be subject to an approved
improvements agreement and financially guaranteed.
b. Except as provided in subsection c. below,upon the third anniversary of the plat recordation
of any phase of the subdivision, any lot owner who has not constructed the required sidewalk
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19002, City Commmission Findings of Fact Allison 1'lrase 4 Afajor.4nbdi►�ision Page 14 of 29
must, without further notice, construct within 30 days, the sidewalk f'or their Iot(s), regardless
of whether other improvements have been made upon the lot. This must be provided as a note
on the conditions of approval sheet of the final plat.
8. 13MC 38.270.030.B.3.Completion of lmprovemcnts, Lighting. Subdivision lighting must be
installed or financially guaranteed prior to final plat approval. If an SILD is utilired fir the
lighting the Subdivision lighting SILD information shall be submitted to the Clerk of
Commission after Preliminary Plat approval in hard copy and digital form. The final plat
application will not be deemed complete until the resolution to create the SiLD has been
approved by the City Commission.
9. BMC 38.270.090. Waiver of Park Maintenance District. Executed waivers of'right to protest
the creation of special improvement districts(S1Ds)for a park maintenance district will be
required to be filed and of record with the Gallatin County Clerk and Recorder, unless
already filed with annexation or prior development.
10. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing
plan approved by the city will be considered a binding contract between the developer and
the developer's successors in interest to the lot or dwelling. Such plan will be included in a
separate recorded written agreement between the developer and the city,or incorporated into
another recorded document wherein the developer is required to implement the affordable
housing plan. The affordable housing plan and associated written agreement must be
recorded at the time of final plat approval.
11. BMC 38.380.100.E Approval of affordable housing plan.The afTordablc housing plan will
be reviewed as part of the initial application approval process for the type of development
proposed. A condition shall be attached to the approval of any subdivision plat or site plan to
require recordation of the affordable housing plan or other separate agreement obligating the
developer to meet the requirements of this article. Per this section see recommended
condition number 12 related to affordable housing.
12. BMC 38.410.070. Municipal water, sanitary sewer and storm sewer systems.
a. A downstream sewer constriction exists in South Yd Avc..just north of the intersection
of South Yd and Westridge Drive. The constriction must be addressed with the
subdivision infrastructure in order to accommodate the first two phases of the proposed
subdivision.
b. The water main in Bon Ton Drive must connect the existing main in Opportunity Way.
c. Fire hydrants must spacing per the requirements of the City's Design Standard and
Specifications Policy Manual (DSSP)and be approved by the Fire Department.
13. 13MC 38.410.080. Grading and drainage.
a. The subdivision must account for stormwater runoff collected within the "temporary
retention"onsite collecting water from South I Ic^Ave.
b. A stortnwater maintenance plan must be provided with the subdivision infrastructure
submittal for review and approval. The approval maintenance plan must be
incorporated into the property owners' association(POA)documents prior to final plat
approval.
c. 'Ilie applicant must include a note on the plat that the POA is responsible for
maintenance of all stormwatcr infrastructure located outside public right-of-way.
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19002, City Commission Findiligs of Fact Allisoft Phase 4 Major Suhrlivision Page 15 of 29
d. A 12 foot all weather access road must be constructed from Bon Ton Avenue to the
temporary storinwater on the north end of Lot 2 of Block 2. The access road must be
maintained by the POA.
14. BNIC 38.410.130. The transfer of water rights or the payment of cash-in-lice (CILWR)of
water rights shall be provided.The applicate must contact the Engineering Division, tier a
determination of payment. The payment of CILWR is required prior to final plat approval.
15. BMC 38.420.030.E The currently adopted fair market value of cash in-lieu of land
dedication for parkland is$1.60 per square foot. The park plan must be updated to reflect the
fair market value at the time of final plat approval. The next appraisal is scheduled for March
2020. The cash donation accepted in-lieu of land dedication for parkland must be paid prior
to final plat approval.
16. BMC 38.420.030.D. Where a cash donation has been accepted in-lice of land dedication for
parkland,the amount of cash donation must be paid prior to final plat approval and stated oil
the final plat or plan as appropriate.
17. BMC 38.420.080.E Boundaries. The park boundary bordering all private lots must be
delineated at the common private/public corner pins,with flat, flexible fiberglass posts, a
minimum of six feet in length with no less than two feet driven into the ground. Each post
must be labeled with a permanent glued on sign stating "Park Boundary"or "Property
Boundary." Other forms of boundary marking may be approved by the planning or other
appropriate dcpartincnt.
18. BMC 38.550.070. Perimeter street landscaping. In accordance with the requirements of this
section,installation by the developer of vegetative ground cover,boulevard trees,and irrigation
system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to
public parks or other open space areas is required prior to final plat approval.
19. BMC 38.570.030. The applicant must construct street lights per the DSSP and setup a special
improvement lighting district (SiLD) for maintenance of the lights with the City Finance
DeparUncnt prior to final plat approval.
20. BMC 38.600. Lot 1, Block 8, Phase 413 is subject to a Federal Emergency Management
Agency(FEMA)snapped special flood hazard area,Zone AE. Unless and until a letter of Map
Change application is approved by FEMA, mandatory flood insurance applies for federally
backed mortgage structures built within the FEMA mapped Zone AE flood plain on this lot.
This note must appear on the final plat or obtain a Letter of Map Change(LOMC) fmm FEMA
prior to final plat approval.
SECTION 5-RECOMMENDATIONS AND FUTURE ACTIONS
'fhc DRC determined that the applications are adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on December 11,2019.
The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed
subdivision and cash in lieu of land dedication as outlined in the application and with the
conditions and code provisions in this report.
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19002, Clty Connnissian Fiudirrgs of Fact Allison Phase 4 Mayor Subdivision Page 16 of 29
'13rc Community Allbi-dablc Housing Board reviewed the proposed affordable housing plan
related to this subdivision and recommends approval of the plan.
The Planning Board held a public hearing on the application on January 7,2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the prbicct with the conditions and code provisions outlined
in this staff report. Four members of the public spoke at the hearing.The oral comments at the
meeting were regarding generally concerning potential impacts to Figgins Creck and the
associated recreational trail, change in character to the area and potential student residents,
increase in traffic,stormwater infrastructure, wetlands,and the potential future use of the
restricted development lots.The Planning Board proceedings may be viewed here under the date
January 7, 2020: https://wwnv.bozeman.net/,-.miccs/city-tv-and-streamin -audio
The public hearing date for the City Commission is February 10, 2020. '1'lic hearing will be held
in the City Commission room, 121 N Rouse Avenue at 6 pm.
SECT ION 6 -STAFF ANALYSIS AND FINDINGW
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.A.S.b, RMC.
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 Ilatting Act by a Professional Engineer registered in the State of Montana. As
noted in recommended condition of approval 2, the final plat must comply with State statute,
Administrative Mules of Montana, and the Bozeman Municipal Code. A conditions of approval
sheet must be included and updated with the required notations can be added as required by
conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and refcrenced in the BMC. 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
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19002, C.'ily Commission Findings of Facl Allivoir Phase 4 itlojor Subdivision Page 17 of 29
conditions and code corrections necessary to meet all regulatory standards. Staff recommends
conditions no. 1-5, 12, and code requirement% 1-9 to address necessary documentation and
compliance with adopted 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
A subdivision prc-application plan was reviewed by the City and the City issued comments on that
application in September, 2018.
The initial preliminary plat application was received on January 3, 2019 and was deemed
inadequate for further review on February 11,2019.A rcviscxl application was submitted on April
2, 2019. The City reviewed the application through the Development Review Committee and on
April 10,2019 the application was deemed inadequate for review.Revised materials were received
on May 20,2019.The City reviewed the application through the Development Review Committee
and on June 19, 2019 the application was deemed inadequate for review. A revised application
was submitted on October 10, 2019. The Development Review Committee reviewed the
application materials and deemed the application adequate for review on December 11, 2019.
Public hearings were scliedulcd for January 7, 2020 and February 10,2020.
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 must
forward a recommendation in a report to the City Commission who will make the final decision
on the applicant's request.
The Planning Board held a public hearing on the application on January 7, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. Four members of the public spoke at the hearing. The oral comments at the
meeting were regarding generally concerning potential impacts to Figgins Creek and the associated
recreational trail,change in character to the area and potential student residents,increase in traffic,
stormwater infrastructure,wetlands,and the potential future use of the restricted development lots.
Staff responses are provided in Appendix B.The Planning Board proceedings may be viewed here
under the date January 7, 2020: https:Hw►►,w.bozeman.nct/scrviocs/city-tv-and-streaming-audio
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city
commission shall approve,conditionally approve or deny the subdivision application by February
11,2020, unless there is a written extension fitnm the developer, not to exceed one year.
Public notice for this application was given as described in Appendix B and public comment is
summarized and a staff response is provided.
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19002, City Commission Findings of Fart Allison Phase 4 jtilajor.Sandivisio►► Page 18 of 29
On January 31,2020 this major subdivision staff report was completed and forwarded with a
recommendation for consideration by the City Commission.'1'lte public hearing date for the City
Commission was February 10,2020.The hearing was held in the City Commission chamber,
121 N Rouse Avenue at G pm.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 48.21 acres into thirty two residential single household, nine townhouse, five residential multi-
household and three restricted development lots, and including streets and rights of way. The site
is located at South I I th Avenue and Arnold Street. The project site is generally located SE of the
intersection of South I I th and Opportunity Way and extends past Graf Street to the south and to
the Morning Star School east of the site. One member of public spoke at the hearing.
After the City Commission reviewed and considered the application materials,staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code.Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission's review,deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date February 10,
2020:
httpsJ/www.bozcman.nct/scr y ices/c ity-tv-and-stream i ng-aud i o
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for consideration in
Sections 3 and 4.
S)The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 3 require that all casements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Condition of approval &
is requested by NorthWestern Energy in order to provide adequate private utility service to the
subdivision. Public utilities will be located within dedicated street right of ways.
Ten foot front setback utility easements are depicted on the preliminary plat and are proposed to
be grunted with the final plat in accordance with standards.
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19002, City Commission Findings(if Fucl Allison 1111ase 4 Major.Subdivision Page 19 of 29
6)The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
The final plat will provide legal and physical access to each parcel within the subdivision. Streets
providing legal and physical access are proposed to be dedicated and constructed with this plat.
Collector streets South I I'h Avenue and Graf Street,and the local street Opportunity Way provide
access to the proposed subdivision. The subdivision proposes to construct local streets including
Arnold Street, Bon Ton Avenue, Vollmer Street, and South 7eh Avenue. All of the proposed lots
have frontage and physical access to a public street. The final plat must contain a statement
requiring lot accesses to be built to the standards contained in this section,the city design standards
and specifications policy, and the city modifications to state public works standard spe c:ifications.
Conditions 16-20 are related to this issue.
I-Winaly Subdivision Revie►- Criteria,Section 76-3-608
1) The effect on agriculture
The subdivision will not impact agriculture.The subject property is planned and zoned for
residential use according to the City of Boreman Community Plan. 'fhe property has previously
been used for agriculture and is currently a stubble field. The property is not a viable agricultural
unit.1lie surrounding properties are proposed for urban development.
2)The effect on Agricultural water user facilities
The subdivision will not impact agricultural water user facilities. No irrigation facilities exist on
the site proposed for subdivision.
3)The effect on Local services
Mater/Sewer—Municipal water and sewer mains exist in the adjacent street rights of way,of
Arnold Street, South i Vh Avenue and Opportunity Way. The subdivision water supply will be
sourced from existing water facilities in S. I I'h Ave and Arnold St and extended through Arnold
Street to the local streets constructed in the subdivision. The wastewater system for the proposed
subdivision will flow north into the existing sanitary sewer manhole located in Opportunity Way.
The subdivider proposes to extend water and sewer mains in all new subdivision streets in
accordance with city design standards. The existing water system and downstream sanitary sewer
mains have adequate capacity to serve the subdivision with exceptions. A downstream sewer
constriction exists in South 3rd Ave.just north of the intersection of South 3rd Avenue and
Westridge Drive. The constriction must be addressed with the subdivision infrastructure in order
to accommodate the first two phases of the proposed subdivision. In order to meet city design
standards, the water main in Bon Ton Drive must connect the existing main in Opportunity Way.
Code provision 12 is related to this issue.
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19002, City Commission Findings of Fact Allison Phose 4 Major Subdivision Page 20 of 29
Transfer of water rights or cash in lieu of water rights must be provided per code provision in
order to provide a long term water supply for the project. Condition of approval 8 is related to
this issue.
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. Arnold Street will be extended from the Gast by the current termination at Morning
Star School to the existing South 11 a,Avcnuc at the roundabout to the west. Local streets, Bon
Ton Avenue, Vollmer Street, Student Drive,and South 71 Avenue, will extend from these streets
through the subdivision. The certificate of dedication for the final plat will list specific duties for
maintenance. The streets are proposed to be constructed to city standard and will be maintained
by the City.
South I l a'Avenuc and West Graf Strects are collectors based on the 2018 Boreman
Transportation Plan. Arnold is a local plus street with a 70' right of way width,parking and bike
lanes. An alley is proposed in the subdivision to separate the lots in Block S.The proposed alley
is 30' wide with a 20' wide asphaltic concrete drive and S' wide shoulders on each side. Vollmer
Street, Student Drive, South 7'h Avenue, and Ron Ton Avenue arc 60' right of way width local
streets with two travel lanes and on street parking.
The subdivision lies within two payback districts for recently completed street projects: South
11'h Avenue and West Graf Street. Code provisions require payment of the payback prior to final
plat approval.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities.
Conditions of approval 16-20 are related to these findings. Code provisions 3,7, 8, 14,and 19
apply to these issues.
1'olice/Fire—The area of the subdivision is within the service area of both these departments.No
concerns on service availability have been identified. The fire department is requesting that the
cast west alley be extended from Block 6 to behind Lot 1, Block 7 per condition of approval 14.
Stormwater-The subdivision will construct storm water control facilities to conform to the
City's design standards and municipal coda The stormwater facilities are proposed in restricted
development lots per requirements and with appropriate casements. 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. Conditions 4 and 12 and code
provisions 2, 3,and 13 ensures this will be satisfied according to standards with the final plat.
Parklands—This phase is required to dedicate 2.46 acres of parkland.The applicant proposes to
use the 1.80 acre parkland balance from prior phases and pay the remaining 0.66 acre cash-in-
lieu fee. Further subdivision review of the restricted development lots will rcquirc parkland in
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19002, City Conrnrission Findings of Fact Allison Phase 4 Major Subdivision Page 21 of 29
order to meet the required park dedication and improvement standards for the development of
those lots. The lots to be dedicated with this subdivision are in accordance with that plan.The
Recreation and Parks Advisory Board reviewed the subdivision parks proposal and parkland cash
in lieu and recommends approval with conditions of approval 5 and code provisions 9 and15-17
related to this issue.
BMC 38.420.090 authorizes the City to require waivers of right to protest creation of park
maintenance districts. The residents will be able to use public parks throughout the City. A park
maintenance district facilitates maintenance in a manner that is proportionate to demand. The
state recently changed the laws regarding creation of special districts. A waiver recorded with the
final plat will ensure that the waiver is correctly drafted to meet state law requirements. Code
provision 9 is related to this issue.
4)The effect on the Natural environment
The subdivision will not significantly impact the natural environment. Figgins Creek is the only
surface water located in this phase. Minimal street crossings of this natural feature are proposed
in order to meet public safety and general welfare standards.
Lot I, Block 8 of Phase 413 is located in close proximity to Figgins Creek.'17ic wetland boundary
and watercourse setback overlie this lot. In order to mitigate impacts to the watercourse and to
implement code required improvements to the watercourse staff recommends four conditions and
one code provision related to this lot. Conditions 8-11 and code provision 19 are related this
issue.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application proposed to irrigate parkland,open space or
other public lands landscaping with a well.
5)The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has been
substantially impacted by agriculture which has reduced wildlife habitat. 'There arc no known
endangered or threatened species on the property. Birds and waterfowl and other small animals
utilize the Figgins Creek corridor.The wetlands and watercourse will be protected as the
majority of these areas arc on rcstrietcd development lots and City parkland and will not be
significantly impacted. Comment from state Montana Fish Wildlife and Parks found no
immediate negative effects, but recommended protection of water resources during construction
and through ongoing maintenance of the stormwater system.
6)The effect on Public health and safety
With the recommended conditions of approval and required plat corrections,the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
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19002, City Comnnission Findings of Fad Allison Phase 4 Alajor Subdivision Page 22 of 29
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result,the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC in January 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 materials have been addressed.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BM(:.
38.220.060.A.1 Surface Water
The subdivision will not significantly impact surface water. The subject property encompasses
Figgins Creek, a Jurisdictional Wetland (W-1)classified as a lower perennial riverine wetland
that runs along the east border of the property. A portion of Figgins Crc ck will be impacted with
the extension of Arnold Street.The impacts will be mitigated off-site as allowed by the Army
Corps of Engineers.The majority of the water course and wetlands on this property will remain
undeveloped on restricted development lots which will require further analysis and subdivision
review prior to any further development. See the comments under the primary review criteria 4
related to the natural environment for comments on Lot 1, Block 8 which overlies the
watercourse setback.
38.220.060.A.2 Floodplains
The subdivision will not significantly impact floodplains. Staff has determined the subdivision,
with code provisions, meets floodplain requirements. The majority of the subject property lies
within 'Lone D, which is a designation indicating where there are possible but undetermined
flood hazards. A portion of the east side of the site lies within Zone AE. Which is def incd as an
area subject to inundation by the 1-percent-annual-flood event determined by detailed methods.
The 100 year flood zone is shown on the preliminary plat and a 50-foot watercourse setback has
been established for properties abutting the inundation area. This area is primarily on the
restricted development lots. Code provision 19 is related to i.ot 1, Block 3 which lies within
'Lone AE in order to provide notice to that property owner and/or to require a map revision to
remove the property from the zone.
38.220.060.A.3 Groundwater
The subdivision will not significantly impact groundwater.The groundwater data submitted with
the subdivision is out of date. The applicant included monitoring reports with older data. The
reports show varying groundwater levels.The Engineering Division recommends conditions of
approval related to groundwater that requires updated monitoring information prior to final plat
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19002, Cite Commnissiom Findings o/'Fad ANison Phase 4 Major Subdivision Page 23 of 29
approval. if the data shows)sigh seasonal groundwatcr,a plat note is required restricting
subgrade foundations. Condition of approval 15 and code provision 1 arc related to this issue.
38.220.060.A.4 Geology,Soils and Slopes
The subdivision will not significantly impact the geology, soils or slopes. The soil constraints are
typical of Bozeman. There are no hazardous features associated with this soil types, however it is
recommended that a geotechnical engineer certify any foundation design prior to construction.
No significant cuts or fills are anticipate other than where Arnold Street will cross Figgins Creek.
38.220.060.A.5 Vegetation
The subdivision will not significantly impact vegetation. No substantial native vegetation was
identified. The Figgins Creek corridor and wetlands will not be significantly impacted. Other
than the creek and wetlands the area has been substantially disturbed by agriculture.
38.220.060.A.6 Wildlife
The subdivision will not significantly impact wildlife. See comments under primary subdivision
criteria 5 above.
38.220.060.A.7 Historical Features
There are no known or notable historic or archaeological features are on the site.
38.220.060.A.8 Agriculture
The subdivision will not significantly impact agriculture. See comments under primary
subdivision criteria l above.
38.220.060.A.9 Agricultural Water User Facilities
There arse no agricultural water user facilities on the property.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion
above under primary review criteria. The required design reports have been provided. Formal
plans and specifications will be prepared and reviewed after action on the preliminary plat.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwatcr infrastructure.The required stormwatcr
design report was provided. See discussion above under primary review criteria. Permits from
the state for stormwater control will be acquired prior to any onsite construction.
38.220.060.A.12 Streets,Roads and Alleys
The subdivision will not significantly impact the City's strect infrastructure and will provide
adequate improvements to support the development. Sec discussion above under primary review
criteria. The applicant will dedicate and construct new public streets to support he subdivision.
The proposed street sections arc in accordance with design standards. Student Drive, Ron Ton
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19002, 01),Connnission Findings of Fail Allison Phase 4 Major Subdivision Page 24 of 29
Avenue, Vollmcr Strnx;t, and South 71"Avenue are all proposed to be 60' right of way local
streets. An alley is proposed to run through Block 5, connecting Student Drive and Bon Ton
Avenue. Arnold Street is proposed to be constructed as a local plus standard with a 70' right of
way in order to accommodate a shared use pathway. Access to the subdivision will be from
South 11'h Avenue, West Graf Street, and Opportunity Way.
38.220.060.A.13 Utilities
The subdivision will not significantly impact utilities. All private utilities servicing the
subdivision will be installed underground. See discussion above tinder primary review criteria
regarding extension of water and sewer and private utility requirements. All private utilities are
available in the area. Easements will be provided per code requirements.
38.220.060.A.14 Educational Facilities
The subdivision will not significantly impact educational facilities. A letter from the school
district's director of facilities is provided stating the system's ability to accommodate the
increased enrollment.
38.220.060.A.15 Land Use
The property is zoned and planned for residential development. Residential development is
proposed.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria. Utilization of a previous parkland balance is
proposed in combination with cash in lieu of parkland. The Iecreation and Parks Advisory
Board recommends approval of this parkland proposal for this subdivision.
38.220.060.A.17 Neighborhood Center Plan
The subdivision proposes Morning Star School as the subdivisions neighborhood center. '1'lie
Allison Subdivision surround the Morning Star School. The school is directly adjacent to the
Allison Phase IV subdivision, is a civic center, is more than one acre in sire, includes street
frontage and includes active and passive recreation arras.
38.220.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City's requirement for cut-off shiclds as
required by the City's specifications. A Special Improvement Lighting District(SIL,D)will be
created prior to final plat application.
38.220.060.A.19 Miscellaneous
The subdivision will improve the access to public lands. No know hazardous conditions exist on
the property.'lhe proposed subdivision is outside of the Wildland Urban interface:(WUn.
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19002, Oily Commission Iandili s of Duel Allison Pharr 4 AfaJor Subdivision Page 25 of 29
38.220.000.A.20 Affordable Housing
The proposal from the subdivider is to provide ten percent of the total market rate homes
proposed in the development. Thirty seven market rate units arc proposed within the subdivision;
with thirty two detached homes and five townhonmes. The proposal is to provide four townhomes
as lower priced homes 00%AMi f'or a total of forty one homes within the subdivision. The
subdivider proposes to provide the four lower priced homes in phase iV to be developed
concurrent with the market rate homes. The multi-household lots are not subject to the affordable
housing ordinance.
With the provided conditions of approval and code provisions the Affoixlablc Housing Program
recommends approval of the Affordable I iousing Plan for this subdivision.The proposal has
been reviewed by the Community Afliordable I lousing Board and they recommend approval of
the affordable housing plan fbr the subdivision. The City Commission is the approval authority
for the affordable housing plan and the overall subdivision approval.
SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUAN'I'to Chapter 38, Article 2, I3MC,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 February 10,2020 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval,clarified unresolvcxl issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant,Madison Engineering,acknowledged understanding and agreement with
the recommended conditions of approval and code provisions.
E. The City Commission requested public u)mment at the public hearing on February 10,
2020 and one member of the public offered testimony on 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, 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.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC,and is
therefore approved,subiect to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those idcntificxl in Section 3 of this report.The evidence contained in the
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19002, City Commission Findinge q f Fact Allison Pltase 4 Major Sulidirishm Page 26 of 29
submittal materials,advisory body review, public testimony, and this report,justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations,and all applicable criteria of
Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625,MCA. The
preliminary approval of this single phased major subdivision shall be effective for two(2)
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 -4�3 day of MAetk , 2020
BOZEMAN CITY COMMISSION
CHRIS MEHL
Mayor
ATTEST: �,�,"` •.
0V go
City Clerk •, 1883
i
APPROVED AS TO FORI�%i T�, co.r o,.
hAlh�'
Ca .C' S LIVAN
City Attorney
APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY
ZonineDesianation and Land Uses:The property is zoned R-1,Residential Low Density District;
R-2, Residential Moderate Density District; and R-3, Residential Medium Density District and is
proposing residential development.
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19002, City Ca mnivsion Findings gf'Fact Allison Phase 4 Major Subdivision Page: 27 of 29
The intent of the msidcntial zoning designations within the subject property is to provide for the
development of diverse residential structures, from single-household homes to up to five-
household structures.This allows for variations in residential densities throughout the subdivision,
providing housing to fit varying household needs and income levels and providing community
facilities and park land.
Adopted Growth Policy Desienation:The property is designated as"Residential" in the Bozeman
Community Plan. The"Residential" classification designates places where the primary activity is
urban density dwellings. Other uses which complement residences arc also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and schools. I ligh 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 acquire annexation prior to development.
The dwelling unit density expected within this classification varies between G 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
arc 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 cxptgtd, with iir;I this category. All residential housing should be arranged with
consideration of with adjacent development, natural constraints, such as
waterc:oucje s or steep sl4 s and in a fashion which advances the overall goals of the Bozeman
growth policy, 'lYtc t �ici r�l�Hl el�signation is intended to provide the primary locations for
additional housing Avithin All pl-iiining area.
A:PP IMPIX 8 NOTICING AND PUBLIC COMMENT
Notice w"provi&d',at'Ir'6,i l$laird not more than 45 days prior to the Planning Board and City
Commission public hearings. 13MC 38.220.420,Notice was provided by posting die site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on December 20, 2019.The site was posted with a notice on December 22,2019,and a
legal advertisement was published in the Bozeman Daily Chronicle on December 22,2019.
Content of the notice contained all elements required by Article 38.220., BMC.
Four individuals spoke at the Planning Board public hearing.The oral comments at the meeting
were regarding generally concerning the following topics.The staff response follows the issue.
1. Potential impacts to Figgins Creck and the associated recreational trail, wetlands,and the
potential future use of the restricted development lots.
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19002, Gly Commission Findings of hacl Aiiisoil Prase 4 Major Sub(iivision Page 28 of 29
a. The Figgins Creek wetlands and watercourse corridor and trail will be minimally
disturbed with this subdivision. The crossing at Arnold Strcct and the
development of I.ot 1, Block 8, Phase 4B will create disturbances to the creek that
will be mitigated and controlled. Stormwater releases will occur into the crock in
minor areas as allowed and approved by the City of Bozeman stormwater
regulations. The other portions of the corridor will not be developed at this time
and will be platted as restricted development lots. Further subdivision review and
public notice is required prior to development and impacts to those areas.
2. Change in character to the area and potential student residents.
a. The area is planned for residential development at urban densities.The farm field
has been long planned to be converted to residential uses.
b. The City does not control who occupies individual dwellings.
3. Increase in traffic.
a. Traffic increases occur with all development. The City's Engineering Division
requires a traffic study of development of this type. The study did not identify any
significant offshe improvements required for this development according to city
standards. Graf Street and South 1 la'Avenue have been constructed by the City
ahead of development to f'acilitatc;traffic in this area. Kagy Boulevard, between
South Willson Avenue and South 19'h Avenue is on the City's capital
improvement plan for construction in 2024 and 2025.
4. Stormwater infrastructure.
a. Stormwater infrastructure is designed to city standard. Thcre are temporary
surface retention ponds on the restricted development lots that will convey water
to Figgins Creek as allowed in the regulations.7be ponds arc temporary and will
be finalized with further subdivision review and development of the restricted
development lots once a final design is known. 'Phis is allowable per city
regulation and regular practice for phased development.
No written public comment was received.
APPENDIX C- OWNER INFORMATION
Owner/Applicant: Bon Ton Inc., PO Box 906 Bozeman, MT 59771-0906
Representatives: Madison Engineering, f.LC, 895 Technology Blvd. Suite 203 Bozeman, MT
59718
Report By: Brian Krueger, Development Review Manager
138
19002, City Commission Findings of Fact Allison Phase 4 Major Snhdivi0on Pagc 29 of 29
A TTACHMENTS
The full application and file of record can be viewed at the Community Dcvclopment
Department at 20 E. Olive Street, Bozeman, NIT 59715.
Application materials—Available through the Laserfichc archive linked agcnda materials.
Public Comment: Tour individuals spoke at the Planning Board public hearing, no written public
comment has been received.
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