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HomeMy WebLinkAbout21022 Staff ReportAllison Phase 4A Final Plat; Project No. 21022 Page 1 of 22 Allison Phase 4A Major Subdivision Final Plat, Project No. 21022 Public Hearing Dates: City Commission, November 9, 2021 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: Application for the subdivision of 48.04-acres of the Allison Subdivision Phase 3B (Plat Reference J-608 and J-608A) into 44 residential lots, 3 undevelopable lots and streets and rights-of-way of Allison Subdivision Phase 4A: (1) 40 single-household residential lots; (2) 4 multi-household lots; and (3) 3 restricted lots subject to further subdivision review before they are deemed buildable. The purpose of the subdivision of the 48.04-acre Phase 4 land into 47 lots is to facilitate the sale and development of: (1) 40 single-household lots zoned R-1, Low-density Residential District; (2) 2 multi-household lots zoned R-2, Moderate-density Residential; (3) 2 multi-household lots zoned R-3, Medium-density Residential Districts; and (4) to develop the infrastructure (utilities, roads, stormwater management) to service those lots. (5) The remaining 3 undevelopable lots, totaling 25.896-acres and zoned R-1 and R-2, would be the subject of a separate Final Plat subdivision. This Final Plat would further the development proposed in the February 2020 Allison Phase 4 Preliminary Plat (Project No. 19002) which created 49 lots consisting of 32 residential single household lots; 9 affordable housing townhouse lots; 5 residential multi-household lots; and 3 restricted development lots, and including streets and rights of way. Due to adoption of Montana legislation HB 259 related to the City’s BMC 38.380 Affordable Housing Program, the City will not enforce the requirements for the 9 affordable housing lots within this subdivision. Therefore, the lot size and configuration of four affordable housing lots presented in the Preliminary Plat have been changed to conform to the larger standard single- household R-1 zoned lots. The affordable housing plan and plat notes related to affordable housing in the Preliminary Plat have been removed from this Final Plat. The 9 former townhouse lots (Lots 1-9, Block 5 of the Preliminary Plat) have been amended to meet the larger standard R-1 single- household lot size and width. Due to this State legislative change, this change is deemed within the scope and intent of the approved Preliminary Plat. Project Location: The 48.04-acre site is bounded by Opportunity Way to the north; just south of W. Graff Street to the south; South 11th Avenue to the west; and is located immediately west of Morning Star School and Arnold and Macnab Streets (see Figure 1 below on page 5). 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 2 of 22 Page 2 of 22 The Site is located in the Northeast one-quarter and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Recommendation: The application conforms to standards and is sufficient for approval with noted conditions and code provisions. Commission Recommended 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 21022 and move to approve the Allison Phase 4A Subdivision Final Plat with staff-recommended conditions and subject to all applicable Code provisions. Action Date: November 9, 2021 Staff Contact: Susana Montana, Senior Planner Karl Johnson, Project Engineer SECTION ONE; BACKGROUND Background on the Preliminary Plat. In December 2018, the property owner and Applicant made a Preliminary Plat application to develop a Major Subdivision to subdivide the existing 48.21 acres of the Allison Phase 3 Major Subdivision into a Phase 4A and 4B; Project No. 19002. The Preliminary Plat subdivision would allow 49 lots consisting of 32 residential single household lots; 9 townhouse lots; 5 residential multi-household lots; and 3 restricted development lots, and including streets and rights of way. After the City Commission reviewed and considered the Preliminary Plat application materials, staff report, advisory review board recommendations, public comment, and all the information presented, on February 10, 2020, Commissioners made individual findings and voted 5 to 0 to approve the motion to approve the Preliminary Plat application. The Commission agreed that the application met the Preliminary Plat subdivision criteria established by the Bozeman Municipal Code (BMC). Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings on the Preliminary Plat approval 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: https://www.bozeman.net/services/city-tv-and-streaming- audio Previous Phase 4 Subdivision Final Plat Action On July 13, 2021, the City Commission reviewed a Final Plat application for a two-lot subdivision of the Allison Phase 4 Subdivision Preliminary Plat called Allison Phase 4B Subdivision which separated one 0.167-acre buildable single-household lot from the remaining 48-acres which remained unbuildable and subject to further subdivision review and approval. The single, buildable lot of Phase 4B, Lot 1, Block 8, is located at the northwest corner of Macnab Street and 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 3 of 22 Page 3 of 22 W. Graff Street and abuts Figgins Creek. That lot has a reduced buildable area and restricted development related to the required watercourse setback on the west side of the lot due to the proximity to the creek. This two-lot Allison 4B Subdivision Final Plat was approved by the City Commission on July 13, 2021 via the consent agenda (see Figure 5 on page 9). Current Final Plat Proposal The Applicant now seeks to subdivide the remaining 48.04-acre parcel into 47 lots, of which 44 would be buildable. The 44 buildable lots would encompass 13.244-acres and associated streets for this plat would encompass an additional 8.9-acres of land. The remaining 25.896-acres would remain unbuildable as restricted lots until a future subdivision application meeting the conditions and code provisions of the Preliminary Plat and the criteria for a Final Plat is approved. The lots that would remain unbuildable as part of this Final Plat and upon which a building permit restriction would be recorded are: 1. Lot 2, Block 2, at 7.2747-acres; 2. Lot 2, Block 7, at 15.8990-acres; and 3. Lot 1, Block 9, at 2.7225-acres. These three lots would remain unbuildable until a new Allison Phase 4 Final Plat application is approved and applicable and necessary public improvements are installed or properly guaranteed. Project Zoning As noted earlier, the ~48-acre property includes a mix of three zone designations as shown in Figure 1 on page 5. The subject property is zoned primarily as an R-1 District, with smaller portions of R-2 and R-3 zones at the north end of the site. The higher-density R-3 District portion is located southeast of the intersection of South 11th and Opportunity Way and is roughly 4-acres. The moderate-density R-2 District portion is located southeast of the intersection of University Drive and Opportunity Way and is roughly 6-acres. The remaining ~38-acres are zoned a low- density R-1 District, of which 40 lots therein would be developed as single-household detached homes as part of this Phase 4A Final Plat. Public Improvements This Final Plat would cause the Applicant to construct Bon Ton Avenue from Opportunity Way, south past Arnold Street where it would terminate at the future phase line. Arnold Street would be constructed from South 11th Ave to its terminus at the eastern property line. Student drive would be constructed from South 11th to the proposed South 7th Ave. and Vollmer Street would be constructed from Student Drive to Bon Ton Avenue. Parkland Contributions Parkland dedication through a cash-in-lieu (CIL) contribution in lieu of land dedication was recommended for approval by the Recreation and Parks Advisory Board and City Commission as 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 4 of 22 Page 4 of 22 part of the Preliminary Plat review and was implemented by the Applicant. The parkland requirement is 2.43-acres for this Phase 4A Final Plat. There are currently remaining parkland “credits” from the Applicant’s previous Phase 3 subdivision 3-acre parkland contribution. With the remaining 1.771-acre parkland “credit” applied to this Phase 4A subdivision, 0.66 acres of parkland is required. The Applicant has requested to meet this requirement by paying a Cash-in- Lieu (CIL) contribution to the City at a rate of $1.72 per square foot of required parkland for a contribution of $49,449.31. Unbuildable Lots in this subdivision The remaining three unbuildable lots would have a recorded Notice of Building Permit Restriction placed on the lot until all the subsequent Allison Phase 4 Final Plat is approved and all required subdivision improvements are completed and accepted by the City. That recorded restriction would state: “Building Permits will not be issued for Lot 2, Block 2, Lot 2, Block 7 and Lot 1, Block 9 of the Allison 4A Subdivision, City of Bozeman, Gallatin County, Montana until all required subdivision improvements are completed and accepted by the City of Bozeman. These on and offsite improvements, including but not limited to, roads, utilities, wetlands protection, parklands and trails, affordable housing designations, public landscaping, public street lighting, sidewalks, and certain improvements to common open space including adjacent sidewalks shall be completed prior to issuance of a building permit unless written approval is otherwise obtained from the applicable City Community Development, Parks and/or Engineering Department. Building Permits will be issued prior to the installation of common open space facilities and landscaping improvements and interior private sidewalks as long as these items remain under financial guarantee.” Final Plat Review Process Pursuant to the Bozeman Municipal Code (BMC) Section 38.240.150. A.5, the final decision for a Major Subdivision Final Plat must be made by the City Commission within 45 working days of the date of receipt of a complete Final Plat application. The City Commission must approve the Final Plat if it conforms to the conditions of approval of the Preliminary Plat and the terms of Chapter 38 of the BMC. The Community Development Department, upon recommendation by the City’s Development Review Committee, deemed the Final Plat application complete on October 20, 2021. The City Commission, therefore, must review the Final Plat by November 9, 2021 and shall approve, conditionally approve or deny the Final Plat subdivision application by that date, unless there is a written extension from the developer, not to exceed one year. Alternatives 1. Approve the Final Plat application with the recommended conditions; 2. Approve the Final Plat application with modifications to the recommended conditions; 3. Deny the Final Plat application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 5 of 22 Page 5 of 22 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. SECTION TWO: MAP SERIES Figure 1: Zoning classification 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 6 of 22 Page 6 of 22 Figure 2: Growth Policy designation: Urban Neighborhood 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 7 of 22 Page 7 of 22 Figure 3: Current land use of Site—undeveloped, fallow former agricultural land—and area 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 8 of 22 Page 8 of 22 Figure 4: February 2020 approved 49- lot Preliminary Plat; Project 19002 19002; Approved Preliminary Plat 21022, City Commission Findings of Fact Allison Phase 4A Major Subdivision Final Plat Page 9 of 22 Page 9 of 22 Figure 5: July 2021-approved Allison Phase 4B, 2-lot Final Plat: Project 20430 0.167-acre Lot 1, Block 8 48-acre Lot R-1 20430; Phase 4B Final Plat 20430, City Commission Findings of Fact Allison Phase 4B Final Plat Major Subdivision Page 10 of 22 Figure 6: Proposed Allison Phase 4A 47-lot Final Plat: Project 21022 21022; Phase 4A Final Plat Page 11 of 22 SECTION THREE: RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the Allison Phase 4A Final Plat application. The following conditions of approval of the Preliminary Plat approval have been met with this Final Plat submittal. 1. Condition No. 6 on Sheet 6 of the Final Plat map gives notice that specific lots within this subdivision are undevelopable until they are further subdivided. The following text has been placed as Condition No. 6 of the Conditions of Approval Sheet 6 of 7 of this 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 this Allison Phase 4A Final Plat, 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 further 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. THREREFORE, BE ADVISED, that Building Permits will not be issued for Lot 2, Block 2, Lot 2, Block 7 and Lot 1, Block 9 of this Allison Phase 4A Final Plat, City of Bozeman, Gallatin County, Montana until all required on- and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities must be utilized on these lots until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 2. The Final Plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the Final Plat in their true and correct location. 3. The Applicant shall 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. Street improvements to South 11th Avenue including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to West Graf Street including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to South 7th Avenue including paving, curb/gutter, sidewalk, and storm drainage; d. Intersection improvements to South 11th Avenue and West Graf Street; e. Intersection improvements to South 11th Avenue and Kagy Boulevard; and f. Intersection improvements to South 7th Avenue and Kagy Boulevard. The Applicant must provide a copy of the SID waivers filed with the County Clerk and Recorder prior to Final Plat approval.” Page 12 of 22 Preliminary Plat Code Provisions that have been met with this Final Plat submittal. 1. BMC 38.220.300 and 310. The Property Owners Association (POA) documents must be finalized and recorded with the Final Plat. The POA documents must include the requirements of Section 38.220.300 and 320. This has been met. 2. BMC 38.240.450. This Final Plat approval requires a certificate of completion of improvements. This certificate is found on Sheet 1 of 7 of the Final Plat and lists all installed public improvements and not-yet-installed but financially-guaranteed public and private improvements, including private lot sidewalks and open space lot landscaping and irrigation. 3. BMC 38.240.530. When irrigation of public facilities are 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 is found on Sheet 1 of 7 on the Final Plat. 4. 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 easements. Sidewalks in these areas must be installed prior to Final Plat approval, or must be subject to an approved improvements agreement and financially guaranteed. The financial assurance is a condition of Final Plat approval. 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 must, without further notice, construct within 30 days, the sidewalk for their lot(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. This is shown as see Condition No. 3 on Sheet 6 of 7 of the Final Plat. 5. BMC 38.570.030. The Applicant must construct street lights per the Design Standards and Specification Policy (DSSP) and setup a Special Improvement Lighting District (SILD) for maintenance of the lights with the City Finance Department prior to Final Plat approval per Condition No. 10. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to Final Plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall be submitted to the Clerk of City 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. The establishment of the SILD is a condition of Final Plat approval. 6. BMC 38.410.130. The transfer of water rights or the payment of cash-in-lieu (CILWR) of water rights shall be provided. The payment of CILWR is required prior to Final Plat approval. 7. 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. These Page 13 of 22 improvements have been partially met as noted in the Certificate of Improvements box on Sheet 1 of 7 of this Final Plat; unmet improvements at the time of this Final Plat is required as a condition of Final Plat approval. 8. Parkland Dedication. The Applicant has contributed Cash-in-Lieu (CIL) for their parkland obligation. SECTION 4 – CONDITIONS OF APPROVAL AND CODE REQUIREMENTS RECOMMENDED FOR THIS FINAL PLAT Preliminary Plat Unmet and Recommended Conditions of Approval of this Final Plat: 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The Final Plat must conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 Administrative Rules of the State of Montana--ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including all required and corrected certificates. 3. The following are procedural requirements not yet demonstrated by the Final Plat and must be satisfied at the Final Plat. All references are to the Bozeman Municipal Code (BMC). A. The Applicant must request and have approved a Special Improvement Light District for the subdivision. B. 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. The staff recommended Condition of Approval No. 1 on Sheet 6 relates to this issue. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS On October 20, 2021, the City’s Development Review Committee (DRC) determined that the Final Plat application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during Page 14 of 22 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, BMC Section 38.240.150.4 and 5. In considering applications for Final Plat subdivision approval under this title, the City’s Development Review Committee advisory board and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The Final 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. The Final Plat complies with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code (BMC). A Conditions of Approval sheet has been included on Sheet 6 of the Final Plat with the required notations 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 complies with the standards identified and referenced in the BMC. The Applicant is hereby 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. Staff recommends Condition Numbers 1-5, and BMC Code requirements 1-10 to address necessary documentation and compliance with adopted standards that are not already provided within the Conditions on the plat map. Therefore, upon satisfaction of all conditions and applicable code provisions the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Title 76, Chapter 3, Part 6 of the Montana Subdivision and Platting Act; 76-3-611, Review of Final Plat. Final Plat Approval Procedure. Pursuant to the above-referenced Montana Subdivision and Platting Act and the Bozeman Municipal Code (BMC) Section 38.240.150.A.4, the City Commission must examine every Final Plat for conformity with conditions set forth on the Preliminary Plat. Within 45 working days of the date of receipt of a complete Final Plat application to the Community Development Department, the City Commission must approve the Final Plat subdivision if it conforms to the conditions of Preliminary Plat approval and the terms of this chapter. "Date of receipt" means the date of delivery to the reviewing agency of a complete application if it is accompanied by the applicable review fee. The Community Development Department deemed the Final Plat application to be complete on October 20, 2021. Page 15 of 22 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 and Preliminary Plat conditions of approval and relevant Code Provisions have been satisfied. Pertinent code provisions and site specific requirements not already stated as Conditions on Sheet 6 of the plat map are included in this report for 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 The Allison Phase 4A Final Plat provides and depicts all necessary utilities and required utility easements. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The Final Plat provides legal and physical access to both parcels within the Allison Phase 4A subdivision. Opportunity Way, South 11th Avenue, Arnold Street and West Graf Street provide legal and physical access to this subdivision. Primary Subdivision Review 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 Bozeman Community Plan. The property has previously been used for agriculture and is currently fallow. The Applicant deems the land no longer viable for continued agricultural use. The surrounding properties are developed or 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. Figgins Creek borders the Site along its eastern boundary and Middle Creek Ditch borders the Site along its western boundary. 3) The effect on Local services Water/Sewer – Municipal water and sewer lines can be provided to this subdivision. Lot 2 of B lock 2, Lot 2 of Block 7 and Lot 1 of Block 9 will remain undeveloped until it is subject to a new, approved subsequent Allison Phase Final Plat subdivision. The subdivision lies within two payback districts for recently completed street projects: South 11th Avenue and West Graf Street. Condition Numbers 11 and 12 on Sheet 6 of the Final Plat map require payment of the payback prior to Final Plat approval. Page 16 of 22 Street lighting is a component of the required street improvements. A special improvement lighting district must be established, per Condition No. 10 on Sheet 6 of the Final Plat map, to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. 4) The effect on the Natural environment The subdivision will not impact the natural environment. Figgins Creek is the only surface water located in this Phase 4A subdivision and this watercourse is located within the unbuildable lots as part of this Final Plat. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Birds and waterfowl and other small animals utilize the Figgins Creek corridor which will not be impacted as part of this Final Plat. Preliminary Plat comment from 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 with future development of the unbuildable lots noted in Condition 6 of the Final Plat map. 6) The effect on Public health and safety With the recommended Conditions of Approval and required Code Provisions, the Allison Phase 4A Final Plat subdivision is not expected to 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 City’s Development Review Committee (DRC) which has determined that it is in general compliance with the Title with the noted required Conditions and Code Provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Section three, Condition of Approval No. 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, Montana Code Annotated (MCA) and, as a result, the Community Development Department has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 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 eastern border of the property. The land within this Final Plat bordering this Page 17 of 22 watercourse will remain undeveloped until further subdivision approval and, therefore, no impact to Figgins Creek is expected to occur per Condition No. 3 of this report and Sheet 6, Condition 6 of the Final Plat map. 38.220.060.A.2 Floodplains The subdivision will not significantly impact floodplains. Staff has determined the subdivision, with the noted Code Provisions, meets floodplain requirements. 38.220.060.A.3 Groundwater The Engineering Division recommends Code provision number 1 to assure updated monitoring information as well as Sheet 6, Condition of Approval No. 1 to restrict subgrade foundations. 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 anticipated with this Final Plat. 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 due to the land abutting this corridor remaining unbuildable as part of this Final Plat per Sheet 6, Condition Number 6 of the Final Plat map. Other than the creek and associated wetlands, the area has been substantially disturbed by agriculture. 38.220.060.A.6 Wildlife The subdivision will not significantly impact wildlife. 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 as such activity has been abandoned by the Applicant. 38.220.060.A.9 Agricultural Water User Facilities There are 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. The required design reports have been provided. Formal plans and specifications will be prepared and reviewed after action on the Final Plat. Page 18 of 22 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. The required stormwater design report was provided. Permits from the State for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development of Blocks 1, 2, 3, 4, 5, 6 and 7 which are the subject of this Phase 4A Final Plat. Sheet 6, Condition Nos. 11 and 12 requires the Applicant to record an executed waiver from the following Special Improvement Districts (SID) for street improvements: a. Street improvements to South 11th Avenue including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to West Graf Street including paving, curb/gutter, sidewalk, and storm drainage; 38.220.060.A.13. Utilities The subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. 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 has been provided stating the system’s ability to accommodate the anticipated increased enrollment. 38.220.060.A.15. Land Use The property is zoned and planned for residential development, ranging from low to medium- densities. 38.220.060.A.16. Parks and Recreation Facilities Utilization of a previous parkland dedication credit “balance” is proposed for this Final Plat. The Recreation and Parks Advisory Board recommended approval of the Preliminary Plat parkland proposal. The previous dedication of land for Phase 3 is relevant for this Phase 4A subdivision as additional parkland dedication “credits” are available for the development of the subject lots. The balance of parkland requirement would be satisfied by payment of a 49,449.31 Cash-in-Lieu (CIL) contribution to the City (see parkland discussion above. 38.220.060.A.17 Neighborhood Center Plan The subdivision proposes Morning Star School as the subdivision’s neighborhood center. The school is directly adjacent to the Allison Phase IV subdivision, is a civic center, is more than one acre in size, includes street frontage, and includes active and passive recreation areas. Page 19 of 22 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 shields as required by the City’s specifications. Pursuant to Sheet 6, Condition No. 10 of the Final Plat map, a Special Improvement Lighting District (SILD) must be created by the Applicant prior to development of the lots subject to this Final Plat. 38.220.060.A.19 Miscellaneous The subdivision will improve the access to public lands. No know hazardous conditions exist on the property. The proposed subdivision is outside of the Wildland Urban Interface (WUI). 38.220.060.A.20 Affordable Housing Due to HB 259, no affordable housing units are proposed for this subdivision. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. The purposes of the Final 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; and to determine whether the plat should be approved, conditionally approved, or denied. B. The Applicant, Bon Ton, Inc. of Billings, represented by Mr. Eugene Graff III, President, has acknowledged understanding and agreement with the recommended Conditions of Approval and Code Provisions for this Final Plat. C. The Allison Phase 4A Final Plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject 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 identified in Section 3 and 4 of this report. The evidence contained in the submittal materials, advisory body review, any public testimony, and this report, justify the conditions imposed on this development to ensure that any site plan, building permit and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D. 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 Allison Phase 4A 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. Page 20 of 22 DATED this ________ day of _____________________, 2021 BOZEMAN CITY COMMISSION CYNDY ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation 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. The intent of the residential 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. Comment: This subdivision would allow development of housing of varying types and configurations on the various lot sizes. Single-household detached homes can be accommodated within most lots as can townhomes. The larger Lots 1 and 2 of Block 1 zoned R-3 and the larger Lot 1 of Block 2, Lot 1 of Block 3, both zoned R-2, can accommodate multi-family apartment Page 21 of 22 buildings. The smaller lots of Block 5 can accommodate townhomes. Therefore, this subdivision can provide for a diverse housing type, providing housing for a diverse household type and income. Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged within this Urban Neighborhood. Comment: This Phase 4A subdivision would provide residential lots for single-household development, townhomes and apartment buildings. A subsequent subdivision of the remaining 25.8-acres of the Preliminary Plat would be required to be approved which meets the parameters of the Preliminary Plat prior to development of any portion of any of the three unbuildable lots of this Allison Phase 4A Final Plat which include: (1) Lot 2, Block 2; (2) Lot 2, Block 7; and (3) Lot 1 Block 9. APPENDIX B – NOTICING AND PUBLIC COMMENT Pursuant to BMC Section 38.220.410 and Table 38.220.410, public notice is not required for Final Plat applications. Prior to the Preliminary Plat review, notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, 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 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. This Final Plat application is for 44 lots, rather than the 49 lots approved by the Preliminary Plat. The remaining three lots, totaling 25.8-acres, would be the subject of a separate Final Plat application. If the City Commission determines that this new Allison Phase 4A Final Plat does not comply with the Preliminary Plat, a new Preliminary Plat process must begin. APPENDIX C - OWNER INFORMATION Owner/Applicant: Bon Ton Inc., PO Box 906 Bozeman, MT 59771-0906 Representatives: Madison Engineering, LLC, 895 Technology Blvd. Suite 203 Bozeman, MT 59718 Report By: Susana Montana, Senior Planner, Development Review Division of the Bozeman Community Development Department Page 22 of 22 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 materials – Available through the Laserfiche archive linked agenda materials.