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HomeMy WebLinkAbout22246 Findings of Fact Page 1 of 24 Findings of Fact for the Nexus Point Major Subdivision Preliminary Plat; Application No. 22246 Public Meeting/Hearing Dates: City Commission Findings of Fact and Order hearing on this Preliminary Plat will be held Tuesday, April 4, 2022 at 6:00 pm. Project Description: A major subdivision preliminary plat application to divide 20 acres into 3 Blocks and 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned R-5, Residential Mixed Use High-Density and R-O, Residential-Office Districts. This 20-acre Site has an approved two-phase Master Site Plan for this 240-dwelling unit apartment complex, Project No. 19262, and has an approved Site Plan for a Phase I development, Project 19263, building several apartment buildings, two office buildings, and a clubhouse facility (see Exhibit 5). The Phase I development of this preliminary plat land is under construction. The Applicant for the Nexus Point project is Nexus Point, LLC. We note that there is a similar 26-acre, 457 dwelling unit multi-family apartment complex proposed for the abutting property to the south, zoned R-4. That project, called 2131 Graf Street proposed by the Graf Apartments LLC group, also has an approved Master Site Plan and Phase I Site Plan, Project No.19309 and 19308. That Applicant is seeking to divide that 26-acre parcel into 2 Blocks and 5 lots, which represents a minor subdivision, Project No. 22188. Minor subdivision preliminary plats are not reviewed by the Planning Board. Legal Description: A Tract of land being Lot 1 of Minor Subdivision 235B, situated in the Northeast ¼ and the Southeast ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: The property is addressed as 3747 S. 19th Avenue, Bozeman, MT, and is located at the southwest corner of Arnold Street and S. 19th Avenue, between Stucky and Graf streets. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Community Development Board, acting as the Planning Board, Motion on December 5, 2022: 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 22246 and move to recommend approval of the Nexus Point Major Subdivision Preliminary Plat with conditions and subject to all applicable code provision. This Motion passed unanimously by a vote of 5 to 0. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 2 of 24 Commission Motion on December 20, 2022: Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 22246 and approve the Nexus Point Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. This Motion passed unanimously by a vote of 4 to 0. Report Date: March 21, 2023 Staff Contact: Susana Montana, Senior Planner Suzanne Ryan, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public with a November or December date. Unresolved Issues. There are no unresolved issues with this application other than the four staff-recommended conditions of approval noted in Section 3 below found on page 9 and identified code provision requirements on page 10. Project Summary The Department of Community Development received a Preliminary Plat application on July 22, 2022 requesting to subdivide the 20-acre subject parcel (“Site”) into 3 Blocks and 11 lots consisting of 3 multi-family lots, 2 office building lots, 3 common open space lots, 1 residential clubhouse lot, and 2 public park lots. The park lots are on Block 2, Park Lot No. 1 which is the 1.258-acre northern half of the new Lantern Park, as well as a narrow “linear park” on Block 3, Park No. 2 Lot along the western edge of the Site. Two common open space lots along the eastern edge of the Site encompass the East Catron Creek tributary wetlands area: Block 1, Lot 3 and Block 2, Lot 1. These lots have a deed restriction DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 3 of 24 prohibiting structures and also have a public park easement recorded thereon. A third common open space on Block 3, Lot 2 serves as a detention pond. The Site has an approved Master Site Plan and an approved Phase I Site Plan which is currently under construction on the single 20-acre parcel. Full build-out of the 2-phase development would provide 240 dwelling units in several apartment buildings as well as two 11,000 square foot (sf) two-story office buildings, a 9,900 sf two-story residential clubhouse, 3 common open space areas including 2 wetland areas, a 1.258-acre Lantern Park and a 0.469-acre linear public park. Phase 2 would consist of multi-family buildings. The property will have access from S. 19th Avenue and from Graf Street. The western ~7 acres of the Site is zoned R-5 and the remaining area is zoned R-O. All residential units within the development would be rental. On November 18, 2022, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by January 17, 2023, which is 60 days after the November 18, 2022 date this application was deemed adequate/sufficient for continued review. Pursuant to BMC 38.240.140.A.2, the Community Development Board, acting in their capacity as the Planning Board, considered compliance of the application with the City’s Community Plan growth policy on December 5, 2022. The City Commission considered all materials related to this application, including the recommendations of the DRC and the Planning Board, the staff report findings and any public comment and on December 20, 2022 approved the Preliminary Plat with the recommended conditions and applicable code provisions. Planning Board The Community Development Board in their capacity as the Planning Board considered this subdivision at their December 5, 2022, public meeting. No public comment was received. The Board unanimously recommended approval of the subdivision consistent with the staff report by a vote of 5 to 0. The video of the meeting is available on the City’s website. City Commission The City Commission held a public hearing on this application on December 20, 2022. After consideration of the application, staff analysis, public comment, and presentations, the City Commission unanimously approved the subdivision preliminary plat on their consent agenda by a DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 4 of 24 vote of 4 to 0. The video of the meeting is available on the City’s website at https://bozeman.granicus.com/player/clip/1931?view_id=1&redirect=true&h=a031971d0f5a856f db1ca2d4cfabae5f Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. With the Applicant’s consent, continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Planning Board.................................................................................................................... 3 City Commission ................................................................................................................ 3 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE PROVISIONS ........................................................................................... 10 SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS ......................................... 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 11 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20 APPENDIX B –NOTICING AND PUBLIC COMMENT .......................................................... 23 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 24 FISCAL EFFECTS ....................................................................................................................... 24 DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 5 of 24 SECTION 1 – MAP SERIES Exhibit 1 – Zoning County land Site DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 Page 6 of 24 Exhibit 2 – Community Plan 2020 Future Land Use Site DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 7 of 24 Exhibit 3 – 3 Blocks and 11 Lots Preliminary Plat: red dots indicate lots Exhibit 4 – Approved Master Site Plan for the Nexus Point development DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 Page 8 of 24 Exhibit 5 – Approved Phase 1 Site Plan for the Nexus Point development (under construction) Exhibit 6: Proposed Phase II Site Plan under review DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 9 of 24 Exhibit 7 – Overall Lantern Park Plan: North side within the Nexus Point development and the south side within the Graf Apartments development SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – 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 this project. Recommended Conditions of Approval: 1. Parkland Requirements. (a) A preconstruction meeting with the Park Division is required prior to any site work. Applicants to provide most recent park plans and request meeting at least 30 days prior to commencement of parkland construction; (b) All park wells, irrigation infrastructure, and water rights will be transferred to and owned by the City of Bozeman; (c) Easements for trails within open space parcels must include agreement to utilize city- wide wayfinding and allow parks staff to install and/or repair wayfinding; and Nexus Point Graf Street DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 10 of 24 (d) Private utilities are not allowed within parkland. 2. The subject property is located within the Meadow Creek Subdivision Signal, Meadow Creek Subdivision Water, and Meadow Creek Subdivision Sewer payback district boundary. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to Final Plat. If the subject property has paid the payback cost please provide documentation. 3. 38.410.060. D. East Catron Creek conveys irrigation water in addition to spring feed components, as such, BMC 38.410.060.D applies. Prior to final plat approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 for the portion East Catron Creek crossing the subject property. 4. The Final Plat submittal shall provide draft bylaws, covenants, conditions and restrictions (CC&R) documents for City review and approval. The documents shall describe how a property owners’ association (POA) will maintain the common open space lots and other common areas of the subdivision. SECTION 4 – CODE PROVISIONS 1. Sec. 38.100.080 – Compliance with regulations required. The final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2. Sec. 38.100.080. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Sec. 38.220.040.B.4. The Applicant has not provided information regarding the stormwater pond at the NW corner of the site (Block3, Lot 2). Both the surface water and stormwater supplements need to identify and provide design and maintenance details on this feature. A public drainage easement must be provided for the pond prior to final plat approval and the POA/HOA needs to maintain the facility. Prior to final plat approval, the Applicant shall provide an exhibit with the stormwater maintenance plan identifying all the stormwater features that the HOA/POA needs to maintain and have that included in the POA/HOA CCRs. The Applicant shall provide documents to maintain open space and stormwater features within the subdivision. 4. Sec. 38.270.030. The Applicant is advised that all common subdivision infrastructure including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be complete and accepted before final plat approval. SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on November 18, 2022. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 11 of 24 The Community Development/Planning Board public meeting was held on Monday, December 5, 2022 at 6:00 pm at the City Commission Hearing Room in City Hall. A WebEx link was provided with the Board agenda. The City Commission public hearing was held Tuesday, December 20, 2022 at 6:00 PM at the City Commission Hearing Room in City Hall. A WebEx link was provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively, this information is the record of the review. The analysis in this report is a summary of the completed review. Due to the presence of an adopted Master Site Plan for this proposed subdivision wherein many of the plat parameters have been evaluated, the following plat supplemental information waivers were granted during the subdivision pre-application review: Floodplains, geology/slopes, vegetation, wildlife, agriculture, land use, lighting plan, and affordable housing. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. Per Code Provision No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). Per Code Provision No. 2, the subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. Sections 3 and 4 above identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 12 of 24 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Community Development Board, acting as the Planning Board, held a public meeting on this proposal on December 5, 2022. Both that Board meeting and a December 20, 2022 City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code (BMC). Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission made the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-604 MCA as authorized in 38.240.100 which requires City review and determination within 60-days of a complete/adequate application. The Department of Community Development received a preliminary plat application on July 22, 2022. On August 19, 2022, the DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on September 1, 2022. On November 18, 2022, the DRC determined the application was adequate for continued review and recommended conditions of approval and code corrections for this staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Tuesday, November 1, 2022 for postings on Sundays, November 6 and 13, 2022. The Applicant posted public notice on the subject property on Friday, November 4, 2022. The Applicant sent public notice to landowners of record within 200-feet of the subject property via certified mail and to buyers under contract to purchase subdivision lots, on November 2, 2022. No public comment had been received on this application as of the writing of this report. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the Planning Board and City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 13 of 24 BMC 38.220.060. Compliance with adopted standards. 38.220.060. A.1 – Surface water. The subdivision includes portions of an unnamed tributary of East Catron Creek which flows north-south on the east side of the Site and is shown as Block 1, Lot 3 and Block 2, Lot 1 on this Preliminary Plat. These lots contain known wetlands and watercourses on the east side of the property. There is a 50-foot wetland setback shown on the plat. A deed restriction, Document 2449987, on the wetland area has been recorded on the land stipulating, among other things, that neither structures nor fill be placed within the subject areas. This area does not have a FEMA-delineated floodplain. The necessary wetland permits have been approved and all required permitting was done prior to construction, which has been completed. All construction remained outside of the setback. Construction through East Catron Creek previously took place. However, the creek was restored to adequate and previous conditions. East Catron Creek is delineated on the preliminary plat. The planting plan meets standards. Per Condition of Approval No. 3, the portion of East Catron Creek passing through the Plat will continue to convey agricultural irrigation water through the Plat. 38.220.060. A.2 – Floodplains. This area does not have a FEMA floodplain delineation, and wetland permits have been approved and were submitted with this application. 38.220.060. A.3 – Groundwater. Investigation of groundwater conditions at the site began in May of 2019 and went through June of 2020. Included in the application submittal was the groundwater depth summary logs. This subdivision will avoid groundwater degradation through the utilization of City sewer and water mains as well as stormwater control measures in accordance with the City of Bozeman design standards. The groundwater recharge areas (opens space and stormwater retention ponds) will avoid being degraded through maintenance provided by the Owner’s Association or property owner(s). Only one groundwater exemption of 10 acre-feet is allowed. The Montana DNRC Water Resources Division was contacted regarding this project and their feedback was provided in the application. 38.220.060. A.4 - Geology, Soils and Slopes. [This information was waived due to Master Site Plan approval, Project 19263.] 38.220.060. A.5 – Vegetation. [This information was waived due to Master Site Plan approval.] 38.220.060. A.6 – Wildlife. [This information was waived due to Master Site Plan approval.] 38.220.060. A.7 – Agriculture. [This information was waived due to Master Site Plan approval.] 38.220.060. A.8 - Agricultural water user facility. East Catron Creek conveys irrigation water in addition to a spring fed component and, as such, BMC 38.410.060.D applies. Per Condition of Approval No. 3, prior to final plat approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 for the portion East Catron Creek crossing the subject property. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 14 of 24 38.220.060. A.9 - Water and Sewer. The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. The City of Bozeman approved the infrastructure plans for water service for this subdivision and its Master Site Plan and Phase I Site Plan and provided a letter indicating that adequate capacity exists within the City system to serve the proposed subdivision. The water and sewer infrastructure were completed in 2020 per the approved infrastructure plans. New water and sewer infrastructure is already installed on the site to serve the future development’s residents. As-built drawings were submitted to the City and approved. The sewer main was connected to the existing City of Bozeman system on South 19th Avenue. The water main was connected to the existing City of Bozeman system at the existing stub of Lantern drive and provided future connection at the intersection of Lantern Drive and South 21st Avenue. Water rights. Per Code Provision No. 2, Cash-in-Lieu of Water Rights will be paid prior to final plat approval. Sanitary sewer service. A proposed 8-inch sanitary sewer collection system would adequately serve the effluent generated by this subdivision. 38.220.060. A.10 - Stormwater Management. The City of Bozeman approved the infrastructure plans for stormwater, and the stormwater infrastructure was installed in 2020. The previously submitted and approved stormwater report was included in this Preliminary Plat (PP) submittal. The subdivision will not significantly impact stormwater infrastructure. 38.220.060. A.11 - Streets, Roads and Alleys. The circulation and access features were approved by the City Engineer as part of the Master Site Plan. The City of Bozeman has approved the infrastructure plans for streets, roads, and alleys. Roadway easements were dedicated with the Site Plan application and the roadways were constructed in 2020. An extension of existing Lantern Drive ties into proposed South 21st Avenue. South 21st Avenue connects to the proposed Arnold Street extension. Arnold Street connects existing Discovery Drive to existing South 19th Avenue. The local public roadway extensions maintained a 60 foot right-of-way (ROW) and were installed per City of Bozeman and MDEQ roadway standards. Upon acceptance of Lantern Drive, South 21st Avenue, and Arnold Street these roads will be maintained by the City of Bozeman. Included in the submittal was the roadway sheets from the approved infrastructure improvements set. All construction activities in the area were required to have adequate dust control and erosion control practices in place during construction. All interior roadways were constructed by the developer and maintained through construction. A traffic impact study was performed by Marvin & Associates for Nexus Point and Graf Street Subdivision and was included in this submittal. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 15 of 24 The subdivision has several different pedestrian pathways including a 10 foot wide public concrete sidewalk running north-south located on the West end of the Site. An 8 foot wide gravel trail running North-South located on East end of the site connects to Lantern Drive, Lantern Park and then to the existing sidewalk located along South 19th Avenue. No individual lots or tracts have access directly to arterial streets or roads. Discovery Drive was modified for the intersection of proposed Arnold Street on the west end of the Site. Arnold Street intersects with the widening of South 19th Avenue on the east end of the site. Lantern Drive was extended to intersect with the proposed South 21st Avenue. There are no proposed alleys located within the subdivision. Adequate dust control and erosion control practices were maintained during construction. The public roads South 21st Avenue, Arnold Street, and the Lantern Drive extension are dedicated to the City and will be maintained by the City. Interior drive lanes beyond the ROW will be maintained by the Owner’s association. The following narratives describe a summary of levels-of-service (LOS) values at three individual intersections that were addressed in the Traffic Impact Study (TIS) dated December 3, 2019. Capacity analysis was completed for three time periods: existing conditions, existing plus site traffic conditions, and future conditions. A complete summary of the capacity measures of efficiency can be found in Tables 1, 3, and 4 of the TIS report. The table below reports the LOS for the three intersections of concern. It can be seen that the overall LOS for each intersection would operate at LOS “C” or better in each condition. The eastbound approach on Arnold Street would operate at LOS “F” for future traffic projections, but the overall operation of traffic on S 19th Avenue would operate with free- flow movements. Since the Highway Capacity Manual does not have an accepted method to calculate overall LOS for two-way stop intersections, the overall LOS at this intersection can only be speculated to be LOS “B” based on the fact that the vast majority of traffic entering the intersection has no delay. Parking Conditions Each lot will have the required parking which is deemed adequate to serve the development. The Nexus Point Site Plan for Phase I has already been approved and constructed to accommodate the number of future residences. Phase II will include parking that meets the City of Bozeman Unified DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 16 of 24 Development Code (UDC). On-street parking is also an option on the local roads of Arnold, South 21st Avenue and Lantern Drive. Walkability, Transit and Bike-ability The City of Bozeman requires street frontage sidewalk to be installed with each phase. Sidewalks have been installed along the West side of South 19th, the North side of Arnold Street and the East side of South 21st Avenue. This gives pedestrians easy access for walking to nearby parks, including the north half of the new Lantern Park which was previously completed by this Applicant. An 8 foot wide concrete trail runs along the West edge of the development traveling North and South connecting to Lantern and Arnold streets. The private and proprietary algorithm provided by Walk Score.com rates this Site’s “walk score” as “12” which denotes the Site as “car dependent”. The transit score is “10” which denotes that the Site has “minimal transit service”. There is a bus stop two blocks north of the Site but no Streamline bus service south of Kagy Blvd. The bike score was rated at “52” which denotes that there is “some bike infrastructure”. These scores are expected to improve when this area is built out with more housing. By comparison, the City of Bozeman was given an overall rating of “42” out of 100. Although Community Plan policies encourage walkability and transit- and bike-ability resources with new development, there is currently no municipal code requiring such resources or facilities with subdivision applications. Site plan applications for developments within the subdivision require pathways, sidewalks and bike parking facilities. 38.220.060. A.12 – Non-Municipal Utilities. These utilities were approved by the City Engineer as part of the Master Site Plan. Northwest Energy has already installed utilities for the current buildings and stubs for future buildings. Responses from Northwest Energy were included in this submittal. 38.220.060. A.13 - Land Use. [This information was waived due to Master Site Plan approval.] 38.220.060. A.14 - Parks and Recreation Facilities. A 2.4 acre neighborhood Lantern Park will be constructed by partnering with the Graf Street apartment development to the south. There are recreation pathways that surround the entire park. Park frontage requirements are met along S.19th Avenue and S.21st Avenue. Amenities include a playground, climbing structure, bicycle racks, workout equipment, pavilions, seating, and a dog park. For the residential use of the Site, 3.77 acres of parkland is required. The Applicant will provide 1.2 acres of land (about half the park size) which will be built by this Applicant. Improvements to the north half of Lantern Park will be provided by the Applicant as “improvements in lieu” of the remaining 2 plus acres of required parkland. These improvements have a value of $201,499. For the Master Site Plan, the parks master plan was approved by City Commission on October 15, 2020. Per Condition of Approval No. 1, a preconstruction meeting with the Parks and Recreation Department is required prior to any site work. Applicants will provide the most recent park plans at least 30 days prior to commencement of parkland construction. All park wells, irrigation DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 17 of 24 infrastructure, and water rights will be transferred to and owned by the City of Bozeman. Private utilities are not allowed within parkland. 38.220.060. A.15 - Neighborhood Center Plan. The Block 2, Lot 4 clubhouse and the Block 2, Park Lot 1 park represent the Neighborhood Center for this development, meeting the standards of 38.410.020. 38.220.060. A.16 - Lighting Plan. [This information was waived due to Master Site Plan approval.] 38.220.060. A.17 – Miscellaneous. Easements. All utility easements will be provided on the final plat. Easements for trails within open space parcels must include agreement to utilize city- wide wayfinding and allow parks staff to install and/or repair wayfinding per Condition of Approval No. 1(c). 38.220.060. A.18 - Affordable Housing. The 240 dwelling units are market-rate rental units. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities Pursuant to BMC Code Provision 2, the final plat will provide and depict all necessary utilities and required utility easements. The BMC requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are to be located within dedicated street right-of-ways. 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. All proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in 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 December 20, 2022 at which time the Department of Community Development DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 18 of 24 Staff reviewed the project, submitted and summarized recommended conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The Applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions. E. The City Commission requested public comment at the public hearing on December 20, 2022 and no one sought to offer comment. 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 Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission 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, 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 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 April4th 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 19 of 24 ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 20 of 24 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-5, Residential Mixed Use High-Density District on its western side and R-O, Residential-Office District on its eastern side. Adopted Growth Policy Designation/Future Land Use Designation: Urban Neighborhood. The Table below of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. Both the R-5 and R-O zoning designations implement the Site’s Urban Neighborhood designation. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 21 of 24 A large area surrounding the Site is designated Urban Neighborhood. 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. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support apartment buildings in an area that is developing as a mixed use, multi-household neighborhood. The multi-household lots will support construction of rental housing which is contemplated throughout the Bozeman Community Plan 2020. This neighborhood is emerging and is not yet fully developed with neighborhood-serving businesses, transit service or parks. The development will have its own recreational and social clubhouse to foster/facilitate neighbors interacting. This serves as its own neighborhood center. Two office buildings within the Site would be able to accommodate neighborhood-serving businesses. The growth policy encourages development to be walkable: Goal N-1: Support well-planned, walkable neighborhoods. The Community Plan’s Glossary (Appendix F) describes what they mean by neighborhoods as: “Neighborhood. A walkable area of Bozeman with a distinct character that may have some boundaries defined by physical barriers, such as major roads or railroads or by natural features, Site DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 22 of 24 such as watercourses or topography. A neighborhood includes both geographic (place-oriented) and social (people oriented) components and is often characterized by residents sharing common amenities such as an elementary school, park, shops, community center or other similar elements. As a distinct and identified area, often with its own name, neighborhoods are recognized as fostering community spirit and a sense of place, factors recognized as important in community planning.” The Plan’s Glossary defines “Walkable” as: “Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit.” The Site and area are still developing as a neighborhood and a walkable neighborhood. However, with the companion 2131 Graf Street development immediately south of the Nexus Point development, both feature trails, the wetlands nature area, a City Park, a clubhouse for residents, and a density that encourages residents interactions within these amenities. The additional density will provide customers for emerging businesses and ridership for transit to the area. The proposed development provides its own 1.2 acre City Park , a 0.469 acre linear park, as well as nearly 3 acres of common open space wetlands. The 1.2 acre City Park at the southeast corner of the Site is matched by a similar 1.2 acre City Park at a similar apartment complex development abutting the Site to the south named “2131 Graf Street” apartment development which is also proposed as a 5-lot Minor Subdivision, Project 22188. There is a 9 acre City Park immediately to the west of the Site called “City Park 2” which is provided by the South University District Phase 3 development. Morning Star Elementary School is located less than a mile to the east of the Site and Montana State University is located northeast of the Site. The proposed subdivision meets or positively addresses the following Bozeman Community Plan 2020 goals and policies: N-1.1 Promote housing diversity. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 23 of 24 N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. EPO-2.2 Work with the U.S. Army Corps of Engineers to keep wetlands mitigation within the Gallatin Valley rather than locating to other watersheds. EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors. APPENDIX B –NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public hearing, per BMC 38.220.420. The City scheduled public notice for this application in the legal advertisements section of the Bozeman Daily Chronicle published on Sunday, November 6 and Sunday, November 13, 2022. The Applicant posted public notice on the subject property on November 6, 2022. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on November 3, 2022. No public comment has been received by the time this report was compiled on March 21, 2023. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6 22246; Nexus Point Major Subdivision Preliminary Plat Findings of Fact Staff Report Page 24 of 24 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Nexus Point LLC, c/o Steve Moore, 3661 Jagar Lane, Bozeman, MT 59718 Applicant Representative: Madison Engineering, c/o Erik Ringsak, 895 Technology Blvd. Suite 203, Bozeman, MT 59718 Report By: Susana Montana, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. The full application and file of record can be viewed digitally on the Community Development Viewer interactive map directly with this link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=263190&dbid=0&repo=BOZEMAN. DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6