HomeMy WebLinkAbout08-13-18 City Commission Packet Materials - C2. Norton Ranch Phase 4 Findings of Fact
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Danielle Garber, Assistant Planner
SUBJECT: Norton Ranch Phase 4 Findings of Fact and Order, Application 17490 MEETING DATE: August 13, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Norton Ranch Phase 4 Preliminary Plat Application 17490.
BACKGROUND: On July 16, 2018, the City Commission held a public hearing on an application for preliminary approval for the Norton Ranch Phase 4 preliminary plat.
The Commission voted 4-0 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission.
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. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: August 1, 2018
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17490, City Commission Findings of Fact for the Norton Ranch Ph. 4
Subdivision
Public Hearing Date: Planning Board, June 19, 2018 at 7:00 pm in the City Commission Room
121 N. Rouse Avenue, Bozeman, Montana
City Commission, July 16, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
Project Description: A Preliminary Plat application for a proposed 93 acres to create 23 lots as
9 attached residential single household lots, 4 residential multi-household lots, 5
residential-office lots, 2 open space lots, 1 city park, 2 restricted development lots, and
the associated street right-of-way.
Project Location: The subject parcel is located south and west of the intersection of Fallon
Street and Water Lily Drive and legally described as South 1/2, Section 9, Township 2 S.,
Range 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
Action: Approval with conditions and code requirements
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 17490 and move to approve the subdivision with conditions and subject to
all applicable code provisions.
Findings Date: August 1, 2018
Staff Contact: Danielle Garber, Assistant Planner
Shawn Kohtz, Interim Public Works Director
EXECUTIVE SUMMARY
Unresolved Issues
1) None
Project Summary
The applicant, Norton Properties LLC proposed to subdivide 93 acres to create 23 lots: 9
attached residential single household lots, 4 residential multi-household lots, 5 residential-office
lots, 2 open space lots, 1 city park, 2 restricted development lots, and the associated street right-
of-way. The buildable portion of the subdivision is 23 acres. A large central park and
neighborhood center were constructed with phases 1 through 3. For phase 4, a pocket park was
proposed in Block 15 that will border Fallon Street & Water Lily Drive and includes a type II
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gravel fines trail that will continue south to Huffine Lane along the wetland boundary for the
watercourse to the east.
This phase of the subdivision is exempt from the affordable housing requirements since only 9
single-household residential lots are proposed. Affordable housing is required for subdivision
with ten or more single household detached or townhome lots. The subdivision provides a mix of
lot types to support a variety of housing alternatives within the subdivision with the R-4 zoned
multi-household lots in Block 11, and the R-O zoned lots in Blocks 13 and 14.
The City of Bozeman Department of Community Development received a preliminary plat
application on October 10, 2017, requesting a major subdivision. The project was deemed
inadequate for review and review halted until revised materials were provided. Revised materials
were submitted on March 2, 2018 and May 02, 2018. The application was deemed adequate on
May 30, 2018 and review continued.
Planning Board
The Planning Board conducted a public hearing on June 19, 2018 to review the preliminary plat.
At the Planning Board hearing, the Board deliberated on code requirements involving affordable
housing. The Planning Board requested that more clarification on these requirements be
discussed after the meeting with the Affordable Housing Coordinator. Video of the Planning
Board meeting can be found here.
City Commission
The City Commission reviewed the preliminary plat at their July 16, 2018 public hearing. No
public comment was received at this meeting. The Commission requested clarification regarding
the proposed road alignment, and which intersections and major roads would receive the
additional trip pressure from the proposed additional units. Questions were also asked of Staff
regarding affordable housing and future phases, and the proposed parkland dedication.
During his presentation, the applicant requested that the Commission reduce or waive the
requirement by the City Engineering Division that a full street section of South Laurel Parkway
be constructed with this subdivision application. The Interim Public Works Director clarified the
policy of not allowing the construction of “half-streets” any longer, and where available funds
are being allocated in the current CIP. The City Commission voted to approve the subdivision 4-
0 with recommended conditions and code corrections, with all Commissioners present voting in
favor. The Commission meeting can be found here.
Public Comment
No written public comment was received for this project. Oral testimony from Al Lien, the
property owner directly to the west, was received at the Planning Board hearing on June 19. His
concerns were primarily focused on ensuring maintenance of both the 50-foot open space strip
on the west side of the development directly adjacent to his property, and maintenance of the
ground water discharge easement into Aajker Creek constructed on his property. Both concerns
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were related to previous phases of the development and the Planning Board and Staff addressed
his concerns.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - CONDITIONS OF APPROVAL ............................................................................. 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 4 - RECOMMENDATIONS AND ACTIONS ........................................................... 13
SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................. 13
Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................... 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 18
SECTION 6 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ....................... 231
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY.................................... 23
APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................ 24
APPENDIX C - OWNER INFORMATION ................................................................................ 24
ATTACHMENTS ......................................................................................................................... 24
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SECTION 1 - MAP SERIES
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Preliminary Plat Page 1 – Includes 2 Restricted Lots: R2A and R4 (93 acres)
Preliminary Plat Page 2 – Buildable Lots in Blocks 11-15 (23 acres)
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SECTION 2 - CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall 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. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one
(1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. 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 of any open
space proposed to be conveyed to the property owners’ association 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 property owners association 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.
5. Realty transfer certificates must be provided for transfer of any platted tract to the City or
other entity in association with filing of the final plat.
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6. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location.
7. Documentation of compliance with the parkland dedication requirements of Section
38.420.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet. The table shall explicitly state
how much parkland credit was allocated for each lot within the phase. This table shall
include but not be limited to listing all dedicated parkland requirements, parkland or
parkland credits and areas not credited towards parkland (i.e., detention/retention areas,
watercourse setbacks, wetlands, common open space, parking facilities) and the total area
of each. Any cost sharing agreements for maintenance shall be included with the final
plat.
8. Any public access easement for the common open spaces must be provided as a separate
document describing the scope of the grant of easement and naming a custodian of the
public’s interest in the easement.
9. The final plat shall contain the following notation on the conditions of approval sheet:
“Ownership of all common open space areas, and responsibility of maintenance thereof
and for city assessments levied on the common open space lands shall be that of the
property owners’ association. Maintenance responsibility shall include, in addition to the
common open space, all vegetative ground cover, boulevard trees and irrigation systems
in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to public parks or other common open space areas. All areas
within the subdivision that are designated herein as common open space are for the use
and enjoyment by residents of the development. The property owners’ association shall
be responsible for levying annual assessments to provide for the maintenance, repair, and
upkeep of all common open space areas and trails. At the same time of recording the final
plat the subdivider shall transfer ownership of all common open space areas to the
property owners’ association created by the subdivider to maintain all common open
space areas within the Subdivision.”
10. The certificate of dedication on the final plat shall include the specific names of the
streets dedicated to the public for which the City accepts responsibility.
11. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The final plat application
will not be deemed complete until the resolution to create the SILD has been approved by
the City Commission. The initial adoption of the special improvement lighting district
shall include the entire area of the preliminary plat.
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12. The property owners’ association documents created for this subdivision must include
provisions describing the agreed upon method of contribution to the Norton Ranch
Property Owners’ Association and binding property owners of future phases to contribute
to the maintenance and upkeep of dedicated parks and publicly accessible open space
lands required to be maintained by the Norton Ranch Property Owners Association. The
provisions in the property owners’ association documents fulfilling this condition shall be
considered required by the City Commission pursuant to Section 38.220.320.A.4, BMC.
The City may release the Norton Ranch Property Owners’ Association from the
obligation to maintain parks dedicated to the City at the City’s discretion.
13. The open space landscaping and sidewalks proposed through Blocks 12 and 13 must be
installed or financially guaranteed prior to final plat approval. The pedestrian walk
proposed through Block 11 must be installed or financially guaranteed prior to final plat
approval.
14. The applicant must expand and obtain City Engineering Division approval for the drain
tile maintenance plan to include long-term maintenance instructions to the property
owners’ association and include the maintenance plan in the homeowner’s association
documents prior to final plat approval.
15. The applicant must add a note to the conditions of approval sheet of the plat that the drain
tile is owned and maintained by the property owners’ association.
16. No basements or crawl spaces may be constructed within the subdivision. An advisory note to this effect shall be added to the conditions of approval sheet.
17. The applicant must submit plans and specifications for water and sewer main extensions,
streets, and storm water improvements, prepared and signed by a professional engineer
(PE) registered in the State of Montana, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued
prior to City acceptance of the infrastructure improvements per BMC Section 38.270.030.B.
18. The applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant.
19. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to W. Babcock Street including paving, curb/gutter, sidewalk, and storm drainage
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b. Street improvements to S. Laurel Parkway including paving, curb/gutter, sidewalk,
and storm drainage
c. Intersection improvements to S. Laurel Parkway and W. Babcock Street
d. Intersection improvements to S. Laurel Parkway and Huffine Lane
e. Intersection improvements to Cottonwood Road and Huffine Lane f. Intersection improvements to Cottonwood Road and W. Babcock Street
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. The final plat must contain updated references to the newest version of the Unified
Development Code, Chapter 38 of the Bozeman Municipal Code, effective March 31,
2018.
2. Section 38.240.450 requires a certificate of completion of improvements. Certificate
must specifically list all installed improvements and financially guaranteed
improvements.
3. Section 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially
guaranteed improvements. These will include landscaping and sidewalks in common
open space D3, common open space G1, and the 5-foot standard pedestrian
walkway through Block 11.
4. Section 38.240.530 requires a certificate of completion of water-related improvements.
Add this certificate to the final plat sheet, specifically list all installed improvements,
and financially guaranteed improvements including any irrigation wells located
within the exterior boundaries of the development. Final plat submittal must
include Montana DNRC certificates. Ownership of any well and associated water
right within common open space owned by the property owners’ association shall be
transferred to the property owners association in conjunction with the final plat. All
wells shall include a meter or other device to determine consumption.
5. Section 38.410.040 requires any block length exceeding 600-feet to intersect a street or
pedestrian walk. Block 13 is proposed at a length of 624.89-feet, plus a 30-foot open
space parcel, without an intersecting street or pedestrian walk. A 5-foot concrete
sidewalk must be added to the proposed common open space D3.
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6. 38.410.100 requires watercourse setbacks to be divided into 2 zones. Show zones 1 and
2 on the Block 15 park master plan and demonstrate code compliance with the
landscaping, fixture, and trail restrictions for each zone.
7. Section 38.550.070. In accordance with the requirements of this section, installation by
the developer of vegetative ground cover, boulevard trees, and irrigation system in the
public right-of-way boulevard strips and adjacent to public parks or other open space
areas is required prior to the final plat application of that phase.
8. Section 38.410.080.A states: The developer shall install complete drainage facilities in
accordance with the requirements of the state department of environmental quality and
the city, and shall conform to any applicable facilities plan and the terms of any approved
site-specific stormwater control plan. The city's requirements are contained in the design
standards and specifications policy and the city modifications to state public works
standard specifications, and by this reference these standards are incorporated into and
made a part of these regulations.
a. The applicant must provide groundwater-monitoring data for the seasonal high
groundwater level with the infrastructure plans and specifications submittal
and prior to final plat approval. The groundwater data must be used to adjust
and verify that the capacity of the proposed stormwater system will be as
proposed in the design.
b. The maximum allowed stormwater pond depth is 2.5-feet per the City of
Bozeman Design Standards and Specifications Policy (DSSP) II.C.2. The
existing pond depth is greater than 2.5-feet. As this is an existing condition
with storm sewer to the existing pond, and that pond is proposed to be expanded
to accommodate Phase 4, the applicant must install a fence around the pond(s)
that exceed the maximum allowable depth requirement (DSSP II.C.2).
c. Stormwater basin slopes may not be steeper than 4:1 (DSSP II.C.4).
9. Section 38.410.060.A states: Where determined to be necessary, public and/or private
easements shall be provided for private and public utilities, drainage, vehicular or
pedestrian access, etc.
a. The applicant must provide documentation of the proposed 10-foot utility
easements prior to final plat approval. The 10-foot utility easements must be
executed on City standard form, and the applicant must file the executed
document with the County Clerk and Recorder. The applicant must provide a
copy of the executed and filed easements to the City.
b. The applicant must provide a draintile maintenance easement for access across
lot lines executed and filed with the County Clerk and Recorder prior to final
plat approval. The draintile easement may not overlap the utility easement.
c. The applicant must provide the original, executed public access easements prior
to final plat approval. The public access easements must be executed on City
standard form and delivered to the City Engineering Department.
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d. The applicant must provide temporary street easements for the proposed cul-de-
sacs executed on City Standard form prior to final plat approval.
10. 38.400.010.A states: All streets shall be provided in accordance with the adopted growth
policy and/or transportation plan. The arrangement, type, extent, width, grade and
location of all streets shall be considered in their relation to existing and planned streets,
to topographical conditions, to public convenience and safety, and to the proposed uses of
the land to be served by such streets.
a. The applicant must construct the proposed temporary cul-de-sacs or hammer-
head turn-around per City Fire Department requirements and City Design
Standards and Specifications Policy requirements. The temporary cul-de-sacs
must be paved.
b. Where Laurel Parkway will be constructed, it must be constructed to the full
section defined in the City Transportation Master Plan prior to final plat
approval.
11. Section 38.410.130 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided. The applicant must contact the City
Engineering Department for an analysis of CIL of water rights and pay any CIL of
water rights due prior to final plat approval.
12. Section 38.420.090 states: when required, the developer must sign, and file at the county
clerk and recorder’s office, a waiver of right to protest the creation of a park maintenance
district. The waiver must be filed with the final subdivision plat, or recorded at the time
of other final approval. This waiver is required.
SECTION 4 - RECOMMENDATIONS AND ACTIONS
The DRC determined that the application is adequate for continued review and recommended
approval with conditions on May 30, 2018.
The Planning Board conducted a public hearing on June 19, 2018 to review the preliminary plat
and recommended approval of the application with the conditions outlined in this report to the
City Commission.
The City Commission reviewed the application at the public hearing on July 16, 2018 and
approved the application 4-0 with the conditions outlined in this report.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
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Applicable Subdivision Review Criteria, Section 38.240.130, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in Condition of Approval No. 2, 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 shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Sections 2 and 3 of this report identify conditions and code corrections necessary to meet all
regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the
subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The City of Bozeman Department of Community Development received a preliminary plat
application on October 10, 2017, requesting a major subdivision. The project was deemed
inadequate for review and review halted until revised materials were provided. Revised materials
were submitted on March 2, 2018 and May 02, 2018. The application was deemed adequate on
May 30, 2018. Public hearings were scheduled on April 1, 2018.
The hearings before the Planning Board and City Commission were properly noticed as required
by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the Planning Board forwarded a
recommendation of approval to the City Commission who made the final decision on the
applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to Section
38.240.130.A.5.a(4), BMC, the City Commission had to approve, conditionally approve or deny
the subdivision application by July 30, 2018, unless there is a written extension from the developer,
not to exceed one year. Approval occurred on July 16, 2018.
Public notice for this application was given as described in Appendix C.
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On June 27 2018, the major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met if all code requirements are satisfied. Pertinent code provisions and
site specific requirements are included in this report for consideration in Sections 2 and 3.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, must be accurately depicted and addressed on the final plat
and in the final plat application. Therefore, all utilities and necessary utility easements will be
provided and depicted accordingly on the final plat. All city utilities will be located within
dedicated street right of ways. Conditions 2, 3, and 6 require performance of these obligations, as
does code requirement 9.
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
All of the proposed lots have frontage to proposed public streets required to be constructed to City
standards per 38.400 and associated design standards. In addition, pursuant to Section
38.400.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the
standard contained in this section, the city design standards and specifications policy, and the city
modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential and business park mixed use area according to
the City of Bozeman Community Plan. The area is zoned for residential and business park
development and has been annexed but is vacant. The buildable portion of the proposed
subdivision is entirely residential. Therefore, this subdivision will not have adverse effects on
agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities exist on the property. The area is zoned for residential and
commercial development, and has begun to develop in all directions despite the adjacent County
properties immediately to the south and west.
3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site. Adequate sewer and
water capacity exists to serve the development. Internal water and sewer mains will be installed
prior to final plat approval. Water for irrigation of open spaces is required and proposed to be
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provided by a well. The applicant must provide transfer of ownership to the Property Owners’
Association (POA )so that the POA can legally have the water resources necessary to maintain
the open space. Irrigation facilities to support the proposed parks must be transferred to the City.
Code Requirement 4 requires DNRC certificates be included with the final plat submittal.
Condition 8 and 17 and Code requirement 9 outline the required completion of easements and
physical installation of water and sewer mains.
Cash in lieu of water rights is required to provide long term water to the project. Code provision
11 applies to this issue.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout extends Fallon Street, Laurel Parkway, and Pond Lily
and Water Lily Drives to provide north to south and east to west connectivity. A recorded
easement for Laurel Parkway through lot R4 shows eventual connectivity to Huffine Lane. The
project is well connected and meets block length requirements with the proposed streets and
pedestrian mid block crossings. Laurel Parkway, Pond Lily and Water Lily must be constructed
with temporary cul-de-sacs or hammer-head turn-arounds per City Fire Department requirements
as detailed in code requirement 10. Code requirement 9 requires provision of the necessary
easements prior to approval of plans and specifications and any commencement of construction.
Street lighting is a component of the required street improvements. A special improvement
lighting district will maintain these facilities. Condition 11 ensures that the SILD will be formed
and effective before final plat. The requirement for a single SILD will simplify long term
maintenance of the street lights and provide a cost that is more equitably shared.
Maintenance and use of public streets is subject to the terms of the municipal code. The
certificate of dedication for the final plat must specify responsibilities for maintenance of all
streets, parks and open spaces. Code provisions apply to this issue.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. The necessary addresses will be provided
to enable 911 response to individual homes prior to recording of the final plat.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that standards have
been met. Maintenance of the storm water facilities is an obligation of the property owners’
association. This responsibility is addressed in the covenants proposed with the subdivision. The
applicant is proposing an expansion to the stormwater ponds located in the central park to the
north of Phase 4. Code requirement 8 addresses this expansion and the installation of drainage
facilities in accordance with state DEQ and City standards.
Parklands - The proposal meets the required park dedication and improvement standards. The
Recreation and Parks Advisory Board recommended approval of the park master plan and the
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location and scope of improvements with discussion comments related to the amount of wetlands
being dedicated as parkland and the balance of passive park with active space. Comments from
the Parks Department and Subdivision Review Committee for the RPAB were provided to the
City Commission. A final park plan will be completed and approved with the initial final plat.
The proposed park plan is a combination of existing credits from phases 1-3, dedication in Block
15 with associated improvements, and cash-in-lieu for Block 11. Plans and specification review
by the Parks Department will occur before installation of any work. Preliminary Plat supplement
F contains the park plan and narrative. Sheet 3 of the preliminary plat contains the calculations.
The park in Block 15 contains 0.82 acres of dedicated parkland with a park design showing
irrigated turf, a class II trail, wetlands, and watercourse setbacks. Code requirement 6 addresses
the watercourse setbacks and requires a more thorough analysis of the landscaping, fixture, and
trail restrictions for each watercourse setback zone. Additional park mitigation will be required
as the multi-household parcels are developed. The Subdivision Review Committee encouraged
the developer to work with existing land and future residents of the park to determine what
improvements and amenities should be installed when this occurs.
4) The effect on the Natural environment
Wetlands exist along the property boundary to the east, which are related to the adjacent creek.
The watercourse setback for this wetland is contained entirely in the Block 15 park. The park
plan proposes naturalization of this wetland within the park. Previous phases of Norton have
obtained 404 permits for mitigation of the wetland to the east for infrastructure improvements,
such as the extension of Fallon Street. No wetland disturbances are proposed in phase 4.
Aajker Creek flows to the west of the development. The creek flows north from Farmers Canal
and discharges to the Gallatin River. Due to the high groundwater table, the applicants have
received permission to discharge excess groundwater into Aajker Creek via a drain tile system. A
404 Permit has been obtained from the US Army Corps of Engineers, a 310 Permit from Gallatin
Conservation District, and an easement is in place for the discharge. The discharge is thought to
be beneficial, as it will restore historic water levels in the creek.
The City encourages use of wells or surface water rights to irrigate parks rather than municipal
water supply. There is a lesser energy and infrastructure cost to this approach. However, in order
for the City to rely on these sources to meet the code requirement there must be the rights to the
water. Code requirement 4 requires that necessary ownership and rights be transferred to the
POA or City as appropriate.
The site is in an area of high groundwater, which may negatively impact future homes or cause
illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition
16 prohibits use of basements and crawlspaces. This requirement will protect both individual
home owners from future hazards of flooding and lessen burden on the public from illicit
discharges.
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5) The effect on Wildlife and wildlife habitat
Comment from state FWP found no immediate negative effects. This comment is located in
appendix C of the application.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Conditions deemed necessary to
ensure compliance are noted throughout this staff report. All subdivisions must be reviewed
against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of
Community Development has reviewed this application against the listed criteria and provides
the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 28, 2017. With
the pre-application plan review application, waivers were requested from the materials required
in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items
were not waived and all required material has been addressed.
Staff offers the following summary comments on the supplemental information required with
Article 38.220, BMC.
38.220.060.A.1 Surface Water
Surface waters on the property include a historic straightened channel (W-1) located on the east
boundary of Phase 4. The wetland fringe for channel W-1 is located entirely within the Block 15
park for this phase. No impacts to surface waters are identified.
38.220.060.A.2 Floodplains
Material Waived. There are no designated floodplains on or immediately adjacent to the site. No
impacts to flood plains are identified.
38.220.060.A.3 Groundwater
The groundwater monitoring well report is included at the end of the stormwater design report in
Appendix B of the application submittal. Groundwater levels in the monitor wells were reported
for 2/14/18, 3/13/18 and 4/13/18 and groundwater depths ranged from 3-6 feet. Code
requirement 8 requires the applicant to provide further groundwater-monitoring data for the
seasonal high groundwater level with the infrastructure plans and specifications submittal and
prior to final plat approval.
The geotechnical investigation conducted in January 2018 is included in Appendix C.
Groundwater was encountered in all test pit excavations. Condition 16 restricts basements and
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crawl spaces for this reason. Plat note 8 restricts crawl spaces and basements and prohibits
discharging from sump pumps into the sanitary sewer, storm sewer or onto streets and gutters.
A drain tile analysis is provided in Appendix G. This analysis was conducted in October 2016 to
discuss a historic drain tile system that was partially truncated during infrastructure development
that occurred in 2013. A replacement drain tile system was installed late 2016, early 2017 to
restore the groundwater balance. The associated agency approvals for this system are located in
appendix G of the application submittal. An easement has been granted to Norton Properties,
LLC that allows a perpetual drainage pipeline to deliver discharge from the drain tile system to
Aajker Creek located to the west of the proposed development. A waters of the US delineation
report for Aajker creek is included in appendix G of this submittal. Condition 15 and code
requirement 9 address the drain tile system. Impacts to groundwater are mitigated by conditions
of approval and code requirements.
38.220.060.A.4 Geology, Soils and Slopes
No unusual geological features are present. The geotechnical investigation conducted in January
2018 is included with this application. The soil was deemed acceptable to carry the burden of
infrastructure with foundation recommendations and bearing capacity detailed in the report. The
three soil horizons primarily found in the test pits were organic soil, high plasticity clay, and
poorly graded gravel with sand and cobles.
38.220.060.A.5 Vegetation
The site has a history of agriculture with few native plants present except possibly in wetland fringe areas. Wetland mitigation located north of Phase 4 was conducted in 2007; this area of
mitigation will not be impacted by the development of Phase 4. A watercourse setback bordering
W-1 on the east side of the development in the Block 15 park will be revegetated with native
grasses and shrubs as the proposed beginning of a trail corridor that will be continued south to
Huffine Lane.
38.220.060.A.6 Wildlife
Material waived. No critical wildlife species or habitat are known to be found on the property.
38.220.060.A.7 Historical Features
Material waived. No notable features are on the site.
38.220.060.A.8 Agriculture
Material waived. See discussion above under primary review criteria.
38.220.060.A.9 Agricultural Water User Facilities
Material waived. See discussion above under primary review criteria.
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38.220.060.A.10 Water and Sewer
New infrastructure will be installed on site to serve the development. See discussion above under
primary review criteria. The required design report has been provided. Formal plans and
specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of
water rights is required to provide long term water to the project. Code provision 11 applies to this issue.
38.220.060.A.11 Stormwater Management
See discussion above under primary review criteria. Permits from the state for stormwater
control will be required prior to any onsite construction.
38.220.060.A.12 Streets, Roads and Alleys
See discussion above under primary review criteria.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities
are available in the area.
38.220.060.A.14 Educational Facilities
Required materials are provided. Adequate capacity is available. 38.220.060.A.15 Land Use
The use proposed is exclusively residential for the buildable portion of phase 4, which conforms
to the future land use designation and zoning purposes.
The restricted lots labelled R2A and R4 contain a B-P (business park) district with a future land use designation of Business Park Mixed Use, as well as R-O (residential office) and R-3
(residential medium density) districts with a future land use designation of residential. The R2A
and R4 restricted lots are subject to further subdivision review prior to development.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
The Norton neighborhood center has already been installed and is located on the southeast corner
of Babcock and Laurel Parkway approximately ½ mile away from phase 4 in the subdivision’s
central park.
38.220.060.A.18 Lighting Plan
All street lights installed must use LED light heads and must conform to the City’s requirement
for cut-off shields as required by the City’s specifications. A Special Improvement Lighting
District (SILD) will be created prior to final plat application.
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38.220.060.A.19 Miscellaneous
Material waived. No additional impacts or hazards anticipated.
38.220060.A.20 Affordable Housing
No affordable housing is required due to the creation of 9 single-household lots which are below
the 10-unit exemption threshold. The multi-household and RO lots are subject to site
development and will most likely be rentals or condominiums that are also exempt from the
ordinance.
SECTION 6 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at a
public hearing on July 16, 2018 at which time the Department of Community Development
Staff reviewed the project and stated that no written public comment was submitted to the City
prior to the public hearing, however oral testimony was received at the Planning Board hearing
on June 19, 2018, and this public comment was discussed at the City Commission hearing.
D. Matt Hausauer of C&H Engineering and Kevin Spencer of Norton Properties, LLC
acknowledged agreement with the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on July 16, 2018 and
no members of the public offered testimony for or against the subdivision.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 210, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission found
that the proposed preliminary plat would comply with the requirements of the Bozeman
Municipal Code if certain conditions were imposed. Therefore, being fully advised of all
matters having come before them regarding this application, the City Commission makes the
following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
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elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plat and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period, the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2018
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential Medium
Density District), R-4 (Residential High Density District), R-O (Residential Office District), and
BP (Business Park District). The Buildable portion of the subdivision, subject to immediate
development, is located in the R-4 and R-O districts. The intent of the R-4 residential high-
density district is to provide for high-density residential development through a variety of
housing types within the city with associated service functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services
The intent of the R-O residential-office district is to provide for and encourage the development
of multi-household and apartment development and compatible professional offices and
businesses that would blend well with adjacent land uses. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings
to serve the varying needs of the community's residents.
Use of this zone is appropriate for areas characterized by office or multi-household development;
and/or areas along arterial corridors or transitional areas between residential neighborhoods and
commercial areas.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Residential.” The “Residential”
classification designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
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development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features, such as floodplains, may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints, such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. Per Article 38.220, Notice was provided by posting the site,
mailing by certified mail to adjacent property owners and by first class mail to all other owners
within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content
of the notice contained all elements required by Article 38.220, BMC.
No written public comment was received. Public comment was received at the Planning Board
meeting. See the Executive Summary on page 2 of this report for a brief overview of this public
comment.
APPENDIX C - OWNER INFORMATION
Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701-5877
Applicant: Same as owner
Representative: C&H Engineering & Surveying (Matt Hausauer) 1091 Stoneridge Drive,
Bozeman, MT 59718
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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