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HomeMy WebLinkAbout22082 Staff ReportCity Commission Findings of Fact and Order Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat; 22082 Page 1 of 23 City Commission Findings of Fact and Order Staff Report for the Urban + Farm 1 Major Subdivision Preliminary Plat; Application No. 22082 Public Hearing Dates: City Commission public hearing will be held Tuesday, February 28, 2023 at 6:00 pm Project Description: A major preliminary plat subdivision application of 8.73 acres that includes 31 residential lots, 4 common open space lots, and 1 public park lot. Project Location: The property is legally described as Lot R2A of Norton East Ranch Subdivision, Phase 4 located in the NE ¼ of the SW ¼ of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22082 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: February 16, 2023 Staff Contact: Lynn Hyde, Development Review Planner Cody Flammond, Project Engineer Agenda Item Type: Action (Quasi-judicial) 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 2 of 23 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. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat application on March 4, 2022 requesting to subdivide 8.73 acres to create 31 residential lots, 4 common open space lots and 1 public park lot. The site is currently vacant. The property will have access from the continuation of Fallon Street to the east, and South Reliance Avenue and South Eldorado Avenue to the north. The property is zoned R-5. On January 10, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends approval with 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 March 2, 2023. The Community Development Board acting in their capacity as the Planning Board, considered the application at their February 6, 2023 meeting and the motion recommending approval passed unanimously 5-0. The link to the meeting is here. The Board votes on the item at 18:30. No public comment has been received to date. Alternatives 1. Approve the application with the recommended conditions and code provisions. 2. Approve the application with clarifications and/or corrections or minor modifications to the staff-recommended conditions and applicable code provisions. 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE REQUIREMENTS .................................................................................... 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 13 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 14 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 14 38.220.060 Documentation of compliance with adopted standards ................................. 16 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23 FISCAL EFFECTS ....................................................................................................................... 23 ATTACHMENTS ......................................................................................................................... 23 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 4 of 23 SECTION 1 – MAP SERIES Exhibit 1 – Zoning City Commission Findings of Fact and Order Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat; 22082 Page 5 of 23 Exhibit 2 – Community Plan 2020 Future Land Use City Commission Findings of Fact and Order Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat; 22082 Page 6 of 23 Exhibit 3 – Current Land Use 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 7 of 23 Exhibit 4 – Preliminary Plat 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 8 of 23 Exhibit 5 – Landscaping Plan City Commission Findings of Fact and Order Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat; 22082 Page 9 of 23 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. In accordance with BMC 38.240.100, the applicant has chosen review of this subdivision under the terms of 76-3-623 MCA; therefore, the applicant is obligated to complete the construction of the approved subdivision in accordance with the approved application and any applicable requirements in Montana law, administrative rules, municipal code, and design standards. 2. The final plat must contain the following notations on the conditions of approval sheet, as well as it must be placed within the property owners covenants conditions and restrictions: a. In order to meet the density requirements found within the R-5 zoning district, the lots legally described as Block 2, Lot 1-10 are set aside for multi-household development. These lots must be developed with a minimum of four units each on lots 1-5 and 7-10 and seven units each on lot 6 (or as otherwise required by the zoning district at the time of site plan application in order to ensure the entire subdivision reaches the minimum density threshold of eight dwelling units per acre in the R-5 zoning district). b. Block 1, Lot 1-10 and Block 2, Lot 1-4 are designed to orient the front of the lot and future buildings towards Open Space A & Open Space C. Future development is required to place the functional front of the building and primary façade towards the Open Space. Set backs will be determined with the northern lot line as the front setback, and the southern setback treated as an alley. In addition to homes fronting on the Common Open Space, each home is required to have a pedestrian connection from the primary/northern facing façade towards the east west pedestrian pathway that runs through the Open Space A & C. c. Block 1, Lot 11-21 and Block 2, Lot 7-10 have vehicular access from the northern alley, Planter Place. Future development on these lots are required to take vehicular access from Planter Place and not have curb cuts along Fallon Street unless the City determines it is in the best interest of the community to allow it, in order to maintain unbroken sidewalks and further the walkability of the neighborhood. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 10 of 23 3. In order to mitigate user conflicts, a fence is required along the western property boundary to ensure park users do not encroach onto the conservation easement. The fence design must be submitted for review prior to installation, and the applicant is encouraged to coordinate with the property owner of the conservation easement to the west. 4. Due to known high groundwater, a condition shall be placed on the final plat that states, “Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." 5. 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) on City standard record Form prior to final plat approval. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Sec. 38.220.070.A a. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association (POA) of any open space proposed to be conveyed to the POA and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the POA and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 11 of 23 3. Sec. 38.240.150. Final plat application. a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 4. Sec. 38.240.150.A.3.d. Transfer of ownership of public land, off-site land, personal property, improvements and water rights documents required. a. 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 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. b. For the transfer of personal property installed upon POA-owned 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. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interest at the time of recording of the final plat with the original of such deed or instrument returned to the City or POA as applicable. d. 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 instrument 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 authorization. 5. Sec. 38.400.070 Street Lighting a. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD shall be granted prior to Final Plat Approval. 6. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. Where the lots front Open Space A and Open Space C, the easement must be provided along the rear of the lot, adjacent to Planter Place. c. 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. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 12 of 23 7. Sec. 38.410.070.A a. As presented, wastewater generated from the subject property will flow into the existing Norton Ranch Lift Station (NRLS). The subject property was not originally allocated capacity at the lift station. The NRLS does not currently meet DEQ firm capacity requirements. A lift station design report has been completed by HDR Engineering, Inc. to allow for phased upgrades to the NRLS including the subject property. The lift station must be upgraded in accordance with the HDR design report prior to Final Plat approval. 8. Sec. 38.410.130.C.2 - Water Adequacy. a. Compliance with this section is deferred for the following developments until the occurrence of future development if the applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: The applicant must contact the City Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to final plat approval. 9. Sec. 38.400.060 – Street Improvement Standards. a. The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of service standards defined in 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the City’s Capital Improvements Plan and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development’s proportionate share of the improvement’s costs. 10. Sec. 38.400.090 Access a. The applicant shall place the following condition of approval on this sheet prior to final plat approval. "Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to the State Public Works Standard Specifications per Bozeman Municipal Code requirements.” b. The applicant shall place the following condition of approval on this sheet and callout the no access strip on the plat prior to final plat approval. "A 1-foot no access strip shall be placed along all lots fronting on Laurel Parkway." 11. Sec. 38.420 Parks a. A preconstruction meeting with the Parks Division and Forestry is required prior to any site work. Applicants must provide the most recent park plans and request a meeting at least 30 days prior to commencement of parkland construction. b. Well and water connection must be installed to irrigate parkland if the south development has not constructed the well yet. Any part of a City owned and maintained irrigation system that is located on private property shall be contained within a public irrigation easement. The easement shall be acceptable to the City and filed with the Gallatin County Clerk & Recorder prior to final plat approval. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 13 of 23 c. Prior to the City’s final acceptance of public park improvements or public street improvements, the applicant shall ensure that the City obtains ownership, free from any defects in title as determined by the City, of any irrigation water rights appurtenant to those City parks or City streets. d. If an exempt well is proposed to provide irrigation water supply for the development, a written determination from DNRC shall be provided prior to final plat approval indicating that the proposed exempt water use is allowable under applicable state law governing the use of exempt wells. e. Applicant to include this note on the final plat: “Private utilities are not allowed within parkland unless otherwise approved by the Director of Parks and Recreation.” f. Approval of the park plan amendment and construction drawings by the Parks and Recreation Director is required prior to the pre-construction meeting. Provide the following corrections with your submittal: 1. Design site amenities and trees to be outside of the 10' existing draintile maintenance easement. There is one bench within the easement that must be removed. ii. Adjust irrigation mainline material to be PVC Sch 40 material on sheet IR- 1. g. Applicant must include this note on the conditions of approval sheet of the final plat if parkland has not been fully accepted by the parks department prior to final plat review: “Although an easement or parkland dedication is required at the time of Final Plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until the following have been completed after Final Plat: 1) the constructed park meets requirements of 38.420.080 and the approved park master plan, 2) all conditions of approval for the subdivision or park master plan are completed, and 3) written acknowledgement of final acceptance has been provided by the City.” SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on January 10, 2023. The Community Development Board acting in their capacity as the Planning Board, considered the application at their February 6, 2023 meeting and the motion recommending approval passed unanimously 5-0. The link to the meeting is here. The Board votes on the item at 18:30. City Commission meeting will be held Tuesday, February 28, 2023 at 6:00 pm both in person and remotely using an online videoconferencing system. A remote link will be provided with the City Commission agenda. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 14 of 23 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. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory board 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. As noted in the code requirements, 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. 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 Bozeman Municipal Code or State law. Sections 3 and 4 of this report 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. 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 in their capacity as the Planning Board, held a public meeting which was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, the recommendation of the Planning Board, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include variances or other instances of lack of compliance to standards and procedures. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 15 of 23 The Department of Community Development received a preliminary plat application on March 4, 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 on April 18, 2022. Revised applications were received on May 19, 2022, June 08, 2022, September 16, 2022, and December 16, 2022. The DRC determined the application was adequate for continued review on January 10, 2023 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, February 3, 2023 for postings on Sundays, February 5 and February 12, 2023. The applicant posted public notice on the subject property on February 5, 2023. The applicant 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 February 3, 2023. No public comment had been received on this application as of the writing of this report. On February 16, 2023 this major subdivision staff report was completed and forwarded with a recommendation of approval to the City Commission. 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 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. Per BMC 38.270.030, the development is not eligible for concurrent construction. 5) 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. Code requirement No. 3, 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 located within dedicated street right of ways. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 16 of 23 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 of the proposed lots will have frontage on public streets or common open space constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on January 04, 2022 and no variances were requested. The applicant requested and was granted waivers for floodplains, vegetation, wildlife, historical features, agriculture, and agricultural water user facilities. The applicant requested and was not approved a waiver for surface water. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. There are no existing watercourses on site. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. A waiver for floodplains was granted during the Pre-Application process. 38.220.060.A.3 – Groundwater Due to known high groundwater, a conditional shall be placed on the final plat that states, “Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." Refer to Conditions of Approval 4. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 17 of 23 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. A waiver for vegetation was granted during the Pre-Application process. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during the Pre-Application process. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. A waiver for agriculture was granted during the Pre-Application process. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. There are no active agricultural water use facilities located within the development. The area is zoned for residential and is surrounded partially by residential development. 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. Utilities will be extending existing water main and sewer mains from Fallon Street from the east, and South Eldorado Ave and South Reliance Ave from the north. As presented, wastewater generated from the subject property will flow into the existing Norton Ranch Lift Station (NRLS). The subject property was not originally allocated capacity at the lift station. The NRLS does not currently meet DEQ firm capacity requirements. A lift station design report has been completed by HDR Engineering, Inc. to allow for phased upgrades to the NRLS including the subject property. The lift station must be upgraded in accordance with the HDR design report prior to Final Plat approval. Refer to Code Requirement 7. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. A stormwater management plan was provided and found in compliance with division 38.270 and the City adopted stormwater master plan. The stormwater maintenance is the responsibility of the homeowner’s association. 38.220.060.A.11 - Streets, Roads and Alleys The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of service standards defined in 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the City’s Capital Improvements Plan and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development’s proportionate share of the improvement’s costs. Refer to Code Requirement 9. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 18 of 23 The extension of Fallon Street oriented east west will improve the overall community street grid as will the north south extension of South Eldorado Avenue and South Reliance Avenue. An alley, Planter Place, is being provided for access to the majority of the lots and will be the vehicular access for the lots. Pedestrian pathways are being provided through the subdivision with north south connections traveling north from Fallon Street and tying into the existing pedestrian pathway in the existing subdivision to the north. There is also an east west pedestrian corridor that travels from South Eldorado, across South Reliance Avenue to South Laurel Parkway. The east west pedestrian connection is the frontage for the lots oriented towards it. This proposed subdivision will include City standard sidewalks along all local streets, increasing the walkability of the area. In order to continue improving the city’s goal of walkability, all lots that have the ability to take vehicular access from the alley called Planter Place are required to use the alley as their vehicular access. Reducing the number of curb cuts along Fallon Street will improve the experience and safety for pedestrians. Refer to Condition of Approval 2b and 2c for lot orientation requirements. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service from Northwestern Energy and internet providers. 38.220.060.A.13 - Land Use The subdivision will not significantly impact land use. The current lot is vacant and surrounded to the north and east with residential users, to the west with a conservation easement property and to the south with a future mixed-use development. The proposed subdivision will create 31 residential lots (21 single detached family lots, 9 four-unit lots, and 1 seven-unit lot), 4 common open space lot and 1 public park. In order to ensure the minimum density requirements are being met, refer to Condition of Approval 2a for minimum densities on lots identified for multi- household development. In addition, in order to mitigate user conflicts with the conservation easement to the west, and future park users, a fence is required along the western property boundary to ensure park users do not encroach onto the conservation easement. The fence design must be submitted for review prior to installation, and the applicant is encouraged to coordinate with the property owner of the conservation easement to the west. Refer to Condition of Approval 3. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will be meeting their required parkland through a combination of land dedication and improvements-in-lieu of parkland (IILP). 0.44 acres of dedicated parkland is being proposed, which leaves a shortage of 1.08 acres. The remaining 1.08 acres will be provided as improvements-in-lieu of parkland. Additionally, open space is located on site and includes pathways that tie into existing trail networks. There are several parks within a 10 minute walk from the proposed development which include: Norton Ranch, Norton East Park, and Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 19 of 23 proposed park directly south resulting in a continuous parkland experience and recreation trail network. Parkland dedication and IILP will be entirely provided with the subdivision development. These improvements include a recreation trail extension that ties into the existing Norton Ranch trail network; a central node comprised of a playground area, benches, and decorative boulders; additional tree plantings; and pedestrian lighting. Fencing will also be provided along the western property boundary to ensure park users do not spill onto the existing conservation easement. Refer to Conditions of Approval 3. 38.220.060.A.15 - Neighborhood Center Plan The subdivision will not be providing a neighborhood center due to the relatively small size of the development area (under 10 acres). While a neighborhood center was not required, it is anticipated the park being dedicated will act as a de facto neighborhood focal point. In addition, phase 2 of the Urban + Farm (Urban + Farm Phase 2) development to the south will be providing neighborhood centers that will likely be used by residents of this subdivision. The narrative in the concept submittal for Urban + Farm Phase 2 stated “The Neighborhood Center proposed within Urban + Farm activates public spaces with commercial opportunities and outdoor plazas. Civic buildings, trail connections and parkland are also planned to create a new destination in west Bozeman. Using higher density housing and new urbanist design emphasizing multi-modal transportation opportunities, the vision for Urban + Farm seeks to create a distinct neighborhood character and builds on existing residential and commercial development in the area.” While these neighborhood centers are not being provided with Phase 1, nor are they required due to the size of the parent parcel, it is anticipated they will be developed in the relatively near future. 38.220.060.A.16 - Lighting Plan This subdivision will not significantly impact outdoor lighting. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. 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. The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 20 of 23 commercial uses in a geographically compact, walkable area to serve the varying needs of the community’s residents. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 21 of 23 The subject property is designated as 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 a variety of housing types from detached single households to seven-unit buildings. The multi-household will support the construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. The future phase, Urban + Farm Phase 2 will include commercial amenities as well, adding to the walkability of both the existing neighborhoods and this proposed subdivision. The growth policy encourages development to be walkable, which is defined in the glossary 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. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with potential for additional persons in the area. The proposed development is located adjacent to a linear park the runs north-south adjacent to El Dorado Street (the park which will be extended south with this subdivision). With the Urban + Farm Phase 2 this north-south oriented trail system will connect all the way to Huffine Lane from West Babcock St. In addition, the subject property is located approximately 0.1 mile from Norton East Park which provides passive recreation opportunities. Currently the closest commercial opportunities are approximately ½ mile away. There are currently fewer commercial opportunities for future residents to walk to at this time, however future development of Urban + Farm Phase 2 on a 86 acre parcel immediately south of Phase 1 will see additional commercial services for the residents of the proposed subdivision. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 22 of 23 The proposed development is roughly 0.5 miles to a commercial node within Ferguson Farm which has a variety of retail and service options. While this commercial node does have predominately auto retail users, there are some services that residents may chose to walk to and will support a walkable neighborhood. In addition, the larger adjacent undeveloped property has a combination of REMU and B-2M zoning district which Urban + Farm Phase 2 has proposed a mix of commercial and residential users. There are a variety of park opportunities within a 10 minute walk from the proposed development which include: Norton Ranch, Norton East Park, and Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a proposed park directly south resulting in a continuous parkland experience and recreation trail network. The Streamline Purple Line has a stop on Cottonwood Rd and Fallon St Rd. which is roughly 0.5 miles away from the proposed development. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed area over time N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description This is a preliminary plat application by the applicant, Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715, representing the property owner Laurel Parkway, LLC, PO Box 161236, Big Sky, MT 59716. APPENDIX C – 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 and City Commission public hearing per BMC 38.220.420. The City scheduled public notice for this application on February 3, 2023 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 5 and Sunday, February 12, 2023. The applicant posted public notice on the subject property on or by February 5, 2023. The Applicant 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 February 3, 2023. At the time this report was written, no public comments had been received yet. To continue checking on any submitted public comments, click on this link, https://weblink.bozeman.net/WebLink/Browse.aspx?id=269851&dbid=0&repo=BOZEMAN and toggle to the project number 22082. If no comments have been received, there may be no project folder for this application. 22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 23 of 23 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Laurel Parkway, LLC (Mike Magrans), PO Box 161236, Big Sky, MT 59716 Applicant: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715 Representative: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=260398&dbid=0&repo=BOZEMAN, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=22-082 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=259736&dbid=0&repo=BOZEMAN