Loading...
HomeMy WebLinkAbout18- Findings of Fact and Order - Norton Ranch Phase 4 Subdivision, Application 17490 Page I of 24 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 Kobtz, 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 11 I 17490, City Couneission Findings of Fact—Norton Rauch Phase 4 Subdivision Page 2 of 24 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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 3 of 24 were related to previous phases of the development and the Planning Board and Staff addressed his concerns. TABLE OF CONTENTS EXECUTIVESUMMARY............................................................................................................ 1 Unresolved Issues............................................................................................................... 1 ProjectSummary................................................................................................................. 1 SECTION1 -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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 4 of 24 SECTION I -MAP SERIES A+ IRM5H. _I �NY BABCOCK Sf %1' 13 ilc'ocK-sT—B-1 REpHAVEN ST 1m r IK - R-3 11 ow'w s �- �i�s2Q� nc'a�ci��jac' . S.N4 VBRITE''STs�! 9�. . n 011Y' p 6 r r ' FA1,LON ST B-2 = R-o} '- -;BP HUFFI\E•L-\ 1 N r ^ Legend Plannifig Project ali s seleon 2 Parcels - Roads Ways City Umrts — Q Zaning Disbicts iris Wat—w--ebyt- Norton Ranch Subdivision Phase 4 rw d aoreman F�arcu�g Cxtis� Proposed Preliminary Plat Application 17490 Submitted 10/10/2017 BOZEMANMT I i d,.600 r�4 Planning 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 5 of 24 \1' BABCOCK s"r W BABCOCK ST < : DRAGON FLY ST O v > 7C s x p1:11;VIA S.I. O 1'ALLON ST IiUFPi\Eal=\' Legend C3 Planning Projects seiuction Parcels Roads Allays City Limits Community Plan Future Land Use Residential pR Residential Emphasis Mixed Use _ N11 Suburban Residential I Rugtunal Commensal and Services ' Community Care 7 Bus Community ness Park Commercial Mixed rcial Mixed Use j T,2l`11r1� 1 Industrial Public Ins6tufcns Parks.Open Space and Recreal+onal Lands 1 .] Other Public lands Golf Course Present Rural Tru maa was aeat�d by tie Norton Ranch Subdivision Phase 4 Cyd9 man Proposed Preliminary Plat Application 17490 Submitted 10/10/20l 7 B O Z E M A N MT k�lwdh- t A Planning 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 6 of 24 i 1 '\ li;\13COC1� S l' —'\YIB: BLOCK ST;mum -r Qom! PIP I11X1W ST'�' O FAI.I.O\ ST i Legend Q Planning Projects selection Parcals Roads _ Alw s y _ IiIII�PIi\F.'l_\' City Limits _._ - _ _ -- Land Use(111116) Mixed Use - Rustaurant%Sar �t Commercial Retail Sales,Services,Banks HoleRWlotel ' Commercial Aulo Adm i nistrative4Prof esslonal Light Manufacturing - Golf Gotuse \��1 ® Park.of Open Space _ x Conservation Easement I Church Public Facility Schoot.Educational Facility \~\ 1 Single-Household Residential LD nupluxlTriplex Residential Multi-Household Residential Mobile Home%loblle Park :S Righl-of-Way I Undeveloped Vacant �W Th, ck,.am -G4r.,�,byl'tt Norton Ranch Subdivision Phase 4 aa P..i'gD� Proposed Preliminary Plat 0,16,20 Application 17490 1a ' Submitted 10/10/2017 B O Z E M A N MT I ind,-61a feel A Flonniflg 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 7 of 24 r I I— 1 LOT R2A F I BL KS 11-15 j .� �I Izarorro,usr — ssis.�,.- :— zR. �,Pw MC q ssauw I �' I I I I I GO.1p f• �� 1` ,� i I i _ LOT R4 I I b W..Aap•.•.syOlrft b.P..tA6�M rrw.. I I �� I I 1 no•r a,ur us,ar ru I I I ! 'KPat�ru,�ira�P)bam I I •-b n S { I. R R uc Or PMsI� Y I Pa sh am�.lr I I ,am• ,..r § n.s u I � � _—— _YJ—__[»yiT�7 RI S l— °°ram fi M i),y�t,.i i� i I ssis P—� S— £�jwfT �rn�i,e•at� X _——�t1/og,�F ——� ' 1IIYIWI u —------s—i--— I ...» awvr6r -- —;---- -----� ---'— ---- 1 1—T �-- 8 a)nY..Yr I M.w t"Ww I I I$ u.,,uz,. .Trnb•.1 I I I I I ail I Preliminary Plat Page 1 —Includes 2 Restricted Lots: RSA and R4 (93 acres) 1 I 1 II I - _IL---J L---i I I - - - �_ .����-__, j -MJ I I = t i i i y I 11m_a r r PrehL' fy�''Plat Page 2—Buildable Lots in Blocks 11-15 (23 acres) 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 8 of 24 SECTION 2 - CONDITIONS OF APPR O VAL 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 1'/2"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. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 9 of 24 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. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Pagc 10 of 24 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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page l l of 24 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 Gl, 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. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 12 of 24 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. Tile 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 ponds) that exceed the maximum allowable depth requirement(DSSPII.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 mustprovide 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. I7490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 13 of 24 d. The applicant mustprovide 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. 17490, City Coiufnission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 14 of 24 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. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 15 of 24 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 17490, City Cofnudssion Findings of Fact—Norton Rauch Phase 4 Subdivision Page 16 of 24 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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 17 of 24 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. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 18 of 24 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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 19 of 24 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 the 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 Huftne 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. 17490, City Cottttttissioti Findings of Fact—Not•ton Ranch Phase 4 Sttbdivisioti Page 20 of 24 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.1I 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 1/2 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(SIL.D)will be created prior to final plat application. 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 21 of 24 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 proposes 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 3 8,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 17490, City Cofnfnission Findings of Fact-Norton Ranch Phase 4 Subdivision Page 22 of 24 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 (-RAN�fi' 32018 BOZEMAN CITY COMMISSION CYN R Mayor ATTEST: go, ROBIN CROUGH ' " _ _ • City Clerk ` � '. 1883 .���.• lL��rN co �tio--APPRO AS TO FORM: 2/A GLIVAN City Attorney 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 23 of 24 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 Desiynation: 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 17490, City Commission Findings of Fact—Norton Ranch Phase 4 Subdivision Page 24 of 24 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.