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Home My WebLink About03-01-21 Planning Board Agenda & Packet MaterialsA. Call Meeting to Order B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Minutes Approval for 12-21-20 and 01-25-21(Rogers) E. Public Comment Please state your name and address in an audible tone of voice for the record.This is the time for individuals to comment on matters falling within the purview of the Committee.There will also be THE PLANNING BOARD OF BOZEMAN, MONTANA PB AGENDA Monday, March 1, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=ea479eb750fd7742a25f4ef919f148762 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 995 9426 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@ bozeman.net prior to 12:00pm on Monday, March 1st, 2021. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. Bozeman Planning Board Meeting Agenda, March 1, 2021 1 an opportunity in conjunction with each action item for comments pertaining to that item.Please limit your comments to three minutes. F. Action Items F.1 Norton Ranch Phase 5 Major Subdivision. Application 21024. (Rosenberg) F.2 Second work session to define and refine Planning Board goals and Community Plan Implementation. The initial discussion took place on December 21, 2020. Suggestions on how to improve Planning Board meeting efficiency. Three supporting documents attached to this cover memo.(Happel) G. FYI/Discussion H. Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). Bozeman Planning Board Meeting Agenda, March 1, 2021 2 Memorandum REPORT TO: Planning Board SUBJECT: Minutes Approval for 12-21-20 and 01-25-21 MEETING DATE: March 1, 2021 AGENDA ITEM TYPE: Minutes RECOMMENDATION: Suggested Motion: I move to approve the meeting minutes for December 21st, 2020. I move to approve the meeting minutes for January 25th, 2021 STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: None UNRESOLVED ISSUES: None ALTERNATIVES: 1. Approve meeting minutes with corrections. 2. Do not approve meeting minutes. FISCAL EFFECTS: None Attachments: 01-25-21 Planning Board Minutes DRAFT.pdf 12-21-20 Planning Board Minutes DRAFT.pdf Report compiled on: January 28, 2021 3 Bozeman Planning Board Meeting Minutes, 01-25-21 Page 1 of 3 THE PLANNING BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 25, 2021 00:01:17 Webex Meeting Information A) 00:04:20 Call Meeting to Order B) 00:04:20 Disclosures C) 00:05:10 Changes to the Agenda D) 00:05:38 Public Comment No public comment E) 00:09:58 Action Items E.1 00:10:29 Northwest Crossing Phase 1 Major Subdivision Preliminary Plat for the Subdivision of 146.21 Acres into Fifteen Developable Lots Zoned B-2M and REMU Cover Page 20113 Staff Report 1-20-21 PB.pdf 20113 Plat Page 1 20113 Plat Page 2 20113 Plat Page 3 20113 Plat Page 4 20113 Plat Page 5 Chairman Happel informed board of communication he received from a member of the public. Board member Pape commented that he received the same email as Chairman Happel and stated that he does not have any financial connection to the project and wondered if it was an expose communication as they received the communication before the action item was on the agenda. Chairman Happel encouraged board members to confirm that they will not make their decision based on the comment they received prior to the item being announced on the agenda. Board members obliged. 4 Bozeman Planning Board Meeting Minutes, 01-25-21 Page 2 of 3 00:14:28 Staff Presentation Planner Garber presented on the Northwest Crossing Phase 1 Major Subdivision Preliminary Plat. Explained future land use for the property, existing infrastructure surrounding the property, current conditions on the site, proposed subdivision lots, primary transportation access, proposed parks for the subdivision and recommended that the subdivision conforms to standards and is sufficient for approval with conditions and code provisions. Planner Garber then took questions form the board regarding land use designations. 00:26:01 Applicant Presentation Engineer Ekstrom introduced himself and the design team and presented clarifications on Planner Garber's presentation. Engineer Ekstrom then answered questions from the board regarding infrastructure, road safety and future land use plans. 00:40:29 Public Comment City of Bozeman Engineer Griffin Nielsen touched on the cross sections for the internal local streets and that they will take a look at the proposal for the local streets. 00:47:15 Motion Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to recommend approval of the subdivision with conditions noted and subject to all applicable code provisions. Richard Rudnicki: Motion Jerry Pape: 2nd 00:48:03 Discussion Board Member Rudnicki spoke to motion stating that the proposal makes sense with respect to the City growth plan. 00:57:50 Motion Board Member Egge motioned to add an amendment to the motion on the floor that would add an additional conditional mode of approval siting Bozeman Municipal Code 38.400.110E that bikeways and bicycle trails are designed to code standards. Mark Egge: Motion Cathy Costakis: 2nd Board Member Pape spoke to his second on the initial motion stating that he believes that the project is serving the immediate needs of the community with respect to the housing crisis. 00:54:28 Vote on the Motion to approve Board Member Egge motioned to add an amendment to the motion on the floor that would add an additional conditional mode of approval siting Bozeman Municipal 5 Bozeman Planning Board Meeting Minutes, 01-25-21 Page 3 of 3 Code 38.400.110E that bikeways and bicycle trails are designed to code standards. The Motion carried 9 - 0 Approve: Henry Happel Cathy Costakis Richard Rudnicki Paul Spitler Gerald Pape Mark Egge George Thompson Jennifer Madgic Jerry Pape Disapprove: None 00:54:58 Vote on the Motion to approve Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to recommend approval of the subdivision with conditions noted and subject to all applicable code provisions. The Motion carried 9 - 0 Approve: Henry Happel Cathy Costakis Richard Rudnicki Paul Spitler Gerald Pape Mark Egge George Thompson Jennifer Madgic Jerry Pape Disapprove: None F) 00:55:24 FYI/Discussion G) 00:58:36 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM. 6 Bozeman Planning Board Meeting Minutes, 12-21-20 Page 1 of 4 THE PLANNING BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 21, 2020 00:27:36 WebEx Meeting Information A) 00:31:10 Call Meeting to Order Present: Henry Happel, Cathy Costakis, Richard Rudnicki, Gerald Pape, Mark Egge, George Thompson, Jennifer Madgic, Marty Matsen (City Staff), Susan Bilo (Speaker) Absent: None C) 00:32:00 Changes to the Agenda No changes to the agenda. E) 00:32:11 Approval of Minutes E.1 00:32:11 Approval of the November 16th, 2020 meeting minutes Cover Page 11-16-20 Planning Board Minutes DRAFT.pdf 00:32:31 Motion Recommended Motion: I move to approve the November 16th meeting minutes. Cathy Costakis: Motion No second required 00:32:42 Vote on the Motion to approve Recommended Motion: I move to approve the November 16th meeting minutes. The Motion carried 6 - 0 Approve: Henry Happel Cathy Costakis Gerald Pape Mark Egge George Thompson 7 Bozeman Planning Board Meeting Minutes, 12-21-20 Page 2 of 4 Jennifer Madgic Disapprove: None G) 00:32:52 Public Comment H) 00:36:33 Special Presentations H.1 Solar Subdivision in White Hall, Presentation by Susan Bilo Cover Page 00:38:17 Solar Subdivision Presentation Susan Bilo introduced herself and provided a brief background regarding her career. Following, she spoke about a housing project in White Hall that utilizes solar energy. Professor Bilo then inquired as to why solar energy isn't utilized more in Bozeman and reiterated the benefits. Professor Bilo then answered questions from the board members. I) 00:56:44 Action Items I.1 Work Session on the Planning Board's Goals and Objectives for 2021 Cover Page Happel Goals Memo to PB-121215.pdf Saunders memo to PB 12-16-2020.pdf Strategic Service Community Plan Performance Indicators - 20201216.pdf Strategic Service Community Plan Performance Indicators Update to Planning Board.pdf 00:57:00 Introduction Chairman Happel provided an introduction and asked board members to each speak for roughly three minutes to share their goals and objectives for the Planning Board for 2021. 00:59:52 Board Member Egge Board member Mark Egge shared the following goals: - Looking at form based code per the Growth Policy. - Participate within the UDC Community Platform, by helping to advise on which items are selected and prioritized. - Reevaluate the composition of the board body as nine members is a bit unwieldly. - Resident freeholder requirement should be removed as it is not appropriate. 01:04:06 Board Member Costakis Board member Cathy Costakis shared the following goals: - To emphasize the connection to public health and wellness as well as social and economic health in their roles as Planning Board members. - Look at pedestrian and bicycle network for safe transportation 8 Bozeman Planning Board Meeting Minutes, 12-21-20 Page 3 of 4 - Look at the cost of housing, increasing density which would require less infrastructure - Partnerships with other sectors - Simplifying the Unified Development Code 01:09:13 Board Member Pape Board member Jerry Pape shared the following goals: - Better communication between citizens and Planning Board - Request to City Commission budget and resources for rewrite of UDC - Board take on a role of guiding the City Commission rather than "rubber stamp board" - Would like more exposure to head Planner and Director of Community Development 01:15:00 Commissioner Madgic City Commissioner & Commission Liaison to the board Jen Madgic shared the goals and objectives she'd like to see the board work toward: - Post growth policy outreach - Board education, including guest speakers - Integrated mix of housing within subdivisions 01:19:22 Board Member Rudnicki Board member Richard Rudnicki shared the following goals: - Review metrics and assess whether metrics are informing as intended - Play a role in the Unified Development Code related to consistency between UDC and Growth Policy - will they help achieve growth policy objectives - Take advantage of low hanging fruit related to code provisions - Related to board productivity, stick to bylaws more to limit the length of presentations - Be cautious of amending motions to avoid confusion 01:24:56 Board Member Thompson Board member George Thompson shared the following goals: - Incorporate work-arounds within the UDC - Start with discussion to increase clarity of motions 01:28:33 Chairman Happel Chairman of the board Henry Happel shared the following goals: - Annual report regarding work toward growth policy - Information provided by city related to subdivision development - look more at surrounding area rather than within proposed area and be made aware of major issues during the review process - Information flow - staff is ready to approve, therefore board should approve. Review and approval would carry more weight if board had access to more information. Can they utilize sources outside of Community Development? - Board competence - work toward being a source of trusted advice separate from the city. Broader and deeper Planning expertise. - Look at the way they debate, create, and finalize motions. 9 Bozeman Planning Board Meeting Minutes, 12-21-20 Page 4 of 4 - Generally improve process - Shorten staff reports from an average of 25 pages to 5 pages, removing a lot of 'boiler plate' information. 01:40:37 Commissioner Madgic asked Director of Community Development, Marty Matsen to speak about some of the points discussed. Director Matsen shared that he will discuss the Planning Board budget with the City Manager. He also shared that meetings like this, where others are able to hear board member objectives, are helpful to staff. Director Matsen then discussed subdivision review and shared that staff works hard to eliminate unresolved issues prior to a project being brought before the board. 01:48:18 Additional Remarks Board member Rudnicki shared that he felt if a project has too many issues, it should be denied rather than approved with a large amount of conditions. He concurred that staff reports could be shorter. Board member Mark Egge shared that he'd like to see more alignment with the City's Strategic Plan, as well as with other advisory boards' efforts. Board member Jerry Pape spoke to Chairman Happel's goal of becoming a trusted source for the City. He made the point that the board needs experience with development within the community, and continued to share his experience with the Community Development Department. Additionally, board member Pape shared that he felt the resources for Community Development need to vastly expand. Chairman Happel shared that he will create a memo capturing the comments made this evening, and will circulate among board members to prepare for a second meeting. Board member Cathy Costakis shared that she felt the community engagement piece is critical to the success of the board. Commissioner Jen Madgic provided a clarification regarding a resident free holder requirement, state code statute 76-1-221. J) 02:08:52 FYI/Discussion K) 02:11:44 Adjournment For more information please contact Tom Rogers at (406) 582-2268 or trogers@bozeman.net This board generally meets the 1st and 3rd Monday of each month. 10 Memorandum REPORT TO: Planning Board SUBJECT: Norton Ranch Phase 5 Major Subdivision. Application 21024. MEETING DATE: March 1, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Having reviewed and considered the application materials, public comment, and all the information presented, I here adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This application is to modify conditions of approval and phasing of the development from the original application of a subdivision (18278) who’s Findings of Fact were approved on December 15, 2020. The applicant, Norton Properties LLC is proposing to subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14 affordable single household detached lots, 5 common open space lots, 5 City park lots, 4 restricted development lots, and dedicated right of ways. The developable portion of the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable portion of the project borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel Parkway, are subject to further subdivision review. These four restricted lots are considered Phase 6. The changes to the conditions of approval and code provisions as outlined below is to allow for those four restricted lots to receive final plat prior to any of the lots within Phase 5. These four restricted lots will not be able to be developed until further subdivision review. Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI). Although all 14 lots are along Boomtown Road and clustered together, it was deemed an appropriate layout based on lot size, design placement and the fact that the City receives affordable housing lots that are oriented onto the street in the first phase of development. A large City park is set to be constructed with Phase 5D that contains wetlands which are planned to be preserved and additional plantings provided to keep its natural habitat. A trail along the west side of the 11 development is proposed to connect to the existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley West to the north. The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The Planning Board is scheduled to review this application on March 1, 2021. The City Commission is scheduled to review the preliminary plat and make a decision at their March 9, 2021 public hearing. UNRESOLVED ISSUES: None. ALTERNATIVES: 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS: The development will generate the typical costs and revenues of residential development. Attachments: NortonRanchPhase5PreliminaryPlat_012021.pdf PhasingExhibit_012021.pdf A1Form_012121.pdf 21024 PB Staff Report.pdf Report compiled on: February 22, 2021 12 Phase Open Space (SF) Park (SF) Lots (SF) Total (SF) 5A 0 23,513 263,541 287,054 5B 16,714 112,369 278,348 407,431 5C 0 0 139,118 139,118 5D 2,744 245,507 81,545 329,796 REMAINDER (PH 6) 1,785,060 0 0 1,785,060 R.O.W. 0 0 0 506,018 Total 1,804,518 381,389 762,552 3,454,477 13 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 14 Δ= Δ= 15 16 17 PROJECT INFORMATION Project Name: Project Type(s): Street Address: >ĞŐĂůĞƐĐƌŝƉƟŽŶ͗ ĞƐĐƌŝƉƟŽŶŽĨWƌŽũĞĐƚ͗ ƵƌƌĞŶƚŽŶŝŶŐ͗ Gross Lot Area: ůŽĐŬ&ƌŽŶƚĂŐĞ;ƐͿ͗ EƵŵďĞƌŽĨƵŝůĚŝŶŐƐ͗ dǇƉĞĂŶĚEƵŵďĞƌŽĨǁĞůůŝŶŐƐ͗ ƵŝůĚŝŶŐ^ŝǌĞ;ƐͿ͗ ƵŝůĚŝŶŐ,ĞŝŐŚƚ;ƐͿ͗ EƵŵďĞƌŽĨWĂƌŬŝŶŐ^ƉĂĐĞƐ͗ īŽƌĚĂďůĞ,ŽƵƐŝŶŐ;zͬEͿ͗ ĂƐŚͲŝŶͲůŝĞƵWĂƌŬůĂŶĚ;zͬEͿ͗ ĞƉĂƌƚƵƌĞͬĞǀŝĂƟŽŶZĞƋƵĞƐƚ;zͬEͿ͗ A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE Community Development ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 1ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ SPECIAL DISTRICTS KǀĞƌůĂǇŝƐƚƌŝĐƚ͗ EĞŝŐŚďŽƌŚŽŽĚŽŶƐĞƌǀĂƟŽŶ EŽŶĞ hƌďĂŶZĞŶĞǁĂůŝƐƚƌŝĐƚ͗ ŽǁŶƚŽǁŶ EŽƌƚŚϳƚŚǀĞŶƵĞ EŽƌƚŚĞĂƐƚ EŽƌƚŚWĂƌŬ EŽŶĞ VICINITY MAP Norton Ranch Subdivision, Phase 5 - Amended Plat Preliminary Plat W/ Babcock Street & Laurel Parkway Lot R1, Norton East Ranch Subd., Phase 3A; N 1/2 Sec. 9, T2S, R5E R-2 and R-3 (proposed Remainder Tracts are R-4) 79.3085 acres Landscaped N/A N/A N/A N/A N/A Yes No Yes Major Subdivision Lot R1, Norton East Ranch Subd., Phase 3A; N 1/2 Sec. 9, T2S, R5E 18 19 APPLICATION FEE Varies by project type CONTACT US ůĨƌĞĚD͘^ƟīWƌŽĨĞƐƐŝŽŶĂůƵŝůĚŝŶŐ ϮϬĂƐƚKůŝǀĞ^ƚƌĞĞƚ ŽǌĞŵĂŶ͕Ddϱϵϳϭϱ ƉŚŽŶĞϰϬϲͲϱϴϮͲϮϮϲϬ ĨĂǆϰϬϲͲϱϴϮͲϮϮϲϯ ƉůĂŶŶŝŶŐΛďŽǌĞŵĂŶ͘ŶĞƚ ǁǁǁ͘ďŽǌĞŵĂŶ͘ŶĞƚͬƉůĂŶŶŝŶŐ ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 3ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ REQUIRED FORMS Varies by project type s>KWDEdZs/tWW>/d/KE ŚĞĐŬĂůůƚŚĂƚĂƉƉůǇ &KZD 1. 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KƚŚĞƌ͗ APPLICATION TYPE 20 Page 1 of 28 21024, Planning Board Staff Report for the Norton Ranch Ph 5 Subdivision Public Hearing Date: Planning Board, March 1, 2021 at 6:00 pm. Via WebEx. City Commission, March 9, 2021 at 6:00pm. Via WebEx. Project Description: A modification to the phasing and conditions of approval of a preliminary plat application that was approved November 17, 2020. The subdivision is on 79.3 acres to create 148 lots: 124 residential single household, 14 affordable single family detached housing lots, 5 common open space lots, 5 city park lots, 4 restricted lots and dedicated right of way. The subject property is zoned R-2, R-3, and R-4. Project Location: The subject parcel is located north and west of the intersection of West Babcock Street and Laurel Parkway. It is legally described as Lot R1, Norton East Ranch Subdivision Phase 3A, SEC. 9, T. 2 S., R. 5, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Preliminary Plat Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: February 22, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Griffin Nielsen, Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None. Project Summary This application is to modify conditions of approval and phasing of the development from the original application of a subdivision (18278) who’s Findings of Fact were approved on December 15, 2020. The applicant, Norton Properties LLC is proposing to subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14 affordable single household detached lots, 5 common open space lots, 5 City park lots, 21 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 2 of 28 4 restricted development lots, and dedicated right of ways. The developable portion of the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable portion of the project borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel Parkway, are subject to further subdivision review. These four restricted lots are considered Phase 6. The changes to the conditions of approval and code provisions as outlined below is to allow for those four restricted lots to receive final plat prior to any of the lots within Phase 5. These four restricted lots will not be able to be developed until further subdivision review. Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI). Although all 14 lots are along Boomtown Road and clustered together, it was deemed an appropriate layout based on lot size, design placement and the fact that the City receives affordable housing lots that are oriented onto the street in the first phase of development. A large City park is set to be constructed with Phase 5D that contains wetlands which are planned to be preserved and additional plantings provided to keep its natural habitat. A trail along the west side of the development is proposed to connect to the existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley West to the north. The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The Planning Board is scheduled to review this application on March 1, 2021. The City Commission is scheduled to review the preliminary plat and make a decision at their March 9, 2021 public hearing. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 22 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 3 of 28 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. 1 Unresolved Issues ................................................................................................ 1 Project Summary .................................................................................................. 1 Alternatives ........................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................ 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 6 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ............. 12 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .................................. 17 SECTION 5 - STAFF ANALYSIS AND FINDINGS .................................................... 1718 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ............... 1718 Primary Subdivision Review Criteria, Section 76-3-608 ................................. 1920 Preliminary Plat Supplements......................................................................... 2324 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ......................... 2627 APPENDIX B – NOTICING AND PUBLIC COMMENT ............................................ 2728 APPENDIX C - OWNER INFORMATION .................................................................. 2728 FISCAL EFFECTS ........................................................................................................ 28 ATTACHMENTS ........................................................................................................... 28 23 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 4 of 28 SECTION 1 - MAP SERIES Zoning Map of Subject Property 24 Page 5 of 28 Plat of overall development 25 Page 6 of 28 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. This application proposes phases. Unless a condition is specific to an individual phase, all comments and code requirements apply to any final plat of all phases. This is to modify conditions of approval and phasing. This list of conditions of approval below were previously established by findings of fact dated December 15, 2020 unless indicated by editing marks. Those conditions are of repeated for clarity is to maintain a list of all of the conditions of approval and code provisions related to this project. Recommended 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 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. 4. 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. 5. Per BMC Section 38.220.070.A.2, prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the county weed control district and the developer prior to final plat approval, and a copy 26 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 7 of 28 of the signed document must be submitted to the community development department with the application for final plat approval. 6. This notation must be included on the conditions of approval sheet of the final plat: “Ownership of all common open space areas and trails, 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 and trails, 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 including trails are for the use and enjoyment by residents of the development and the general public. 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 of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Norton Ranch Phase 5 subdivision.” 7. Extension of the Duration of the preliminary plat approval is limitedwill not be granted if the preliminary plat approval has expired, per BMC 38.240.130.A.5.f. To obtain an Prior to any extension of the preliminary plat approval, the intersection of Laurel Parkway and Durston Road must either be upgraded with a signal or roundabout with design approved the City’s Engineering Division, or the applicant must provide an updated traffic impact study at the time of extension request indicating the intersection level-of-service standards can be met per BMC 38.400.060.B.4. 8. BMC 38.400.070. Subdivision lighting special improvement lighting district (SILD) information must be submitted to the City in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. (moved to Code Provisions number 28) 9.8. Per Code Section 38.350.060 fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. This standard must be added as a note listed on the conditions of approval sheet of the plat. Properties on Block 21, Lot 2-8 AND Block 27, lots 1 and 2 are affected by this code requirement. 27 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 8 of 28 10.9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted with initial final plat to be recorded after approval. 11.10. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcel, is the responsibility of the property owners’ association (POA). 12.11. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found in the Norton East Ranch, Phase 5 Affordable Housing Plan recorded as document no.___________ at the Gallatin County Clerk and Recorders Office.” 13.12. BMC 38.420.020.D. Park easements provided for future phases do not transfer maintenance responsibilities to the Parks Department. The Parks Department will assume maintenance responsibility upon future phase final plat and final acceptance of improvements. This responsibility must be indicated in the certificate of dedication on the final plat. A note indicating this should be placed on the conditions of approval sheet of the final plat. 14.13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland compliance per each sub phase of Phase 5 must also be shown in the Parkland Tracking Table as required in Section 38.420.020 BMC and be placed on the conditions of approval sheet of the final plat. On Preliminary Plat page 3 and Park Plan L100, consolidate the Parkland tracking table displaying the same phase and zoning district lot sizes together in one row. Add a row with details about when the Park Master Plan was approved and a row that gives the total cost of improvements being constructed. If an improvements agreement will be requested, please indicate that within the table. The table shall explicitly state how much parkland credit was allocated for each lot within this 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. 15.14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton Ranch Properties, LLC and the US Army Corps of Engineers within the City park parcel is transferred to the City of Bozeman with the final plat. 28 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 9 of 28 16.15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. 17.16. If not already filed, 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 Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; d. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; e. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage; f. Intersection improvements to Laurel Parkway and Durston; g. Intersection improvements to Laurel Parkway and West Babcock Street; h. Intersection improvements to Laurel Parkway and Huffine Lane; i. Intersection improvements to Cottonwood Road and Huffine Lane; and j. Intersection improvements to Cottonwood Road and West 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 these 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. 18.17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage for the full length of the development. 19.18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage Block 16 of the development. 29 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 10 of 28 20.19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive frontage of Lot 11 Block 22 of the development. 21.20. The applicant must include a note on the plat as follows, “This is a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the storm drainage system. Water from sump pumps may not be discharged onto streets, or into the curb and gutters where they create a safety hazard for pedestrians and vehicles.” 22.21. The subject property is located in an area with high groundwater with potentially corrosive soils, which can increase the likelihood of water main failure over the lifespan of the asset. The applicant must perform a corrosivity analysis to determine if cathodic protection is required for the proposed distribution mains. 23.22. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 24.23. The applicant must provide a drain tile maintenance plan for the existing tile drain along Fallon Street to the City Engineering Division for approval and include the maintenance plan in the POA documents prior to final plat approval of any plan within Phase 5. The plan must include the long term maintenance instructions for the POA and an exhibit clearly showing the location and detail for the tile drain. 25.24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 26.25. The stormwater design assumes a flow rate from the infiltration of groundwater water. No data has been provided to justify this flow rate. Prior to completion and acceptance of the stormwater design the infiltration of the flow rate must be verified during the period of seasonal high groundwater. If the flow rate exceeds the assumed value, the system must be altered to ensure all City drainage standards are met. Verification may not take place while dewatering is in operation. The applicant must send verification to the Community Development Office before final plat approval. 27.26. 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 30 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 11 of 28 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. 28.27. 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. 29.28. The complete right-of-way for Laurel Parkway from West Babcock to the existing northern section boundary must be dedicated with the initial phase first phase of the subdivision. 30.29. A temporary Temporary stormwater easements must be provided for the stormwater pond supporting Laurel Parkwayponds not located within a common open space lot. The easement language must be approved by the City of Bozeman and the executed easements recorded dedicated with the final plat. 30. A separate lot must be created for the Norton Ranch Lift Station. The lot must be transferred to the City at the time of final plat to enable the long term access, maintenance, and operation of the station. 31. As proposed the City’s minimum length of tangency at intersection cannot be met with the proposed public street easement between lots R1A and R1C. The easement and lots must be adjusted to ensure the City’s minimum street standard can be met. 31.32. A minimum of a 12 foot all weather access ramp designed to support maintenance vehicles must be constructed to the stormwater pond at the northwest corner of the site. The access must be reviewed and approved with the subdivision infrastructure plans. 32.33. A sixty foot wide Public Street and Utility Easements must be provided on Lots R1A, R1B, R1C, and R1D. The easement must be centered on the lot lines and extend the full width of the lots. These easements must be provided at final plat with a separate document which contains the City’s standard public street and utility easement language. Upon future subdivision of Lots R1A-R1D, the easement may to be revised to ensure compliance with the City’s street and block length standards. 31 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 12 of 28 33.34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on the final plat that states the following: Notice is hereby given to all potential purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision, City of Bozeman, Gallatin County Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.270.030. As such, the restriction is filed with the final plat that stipulates that any use of these lots is subject to further subdivision or zoning development review and no development of these lots shall occur until all on and off-site improvements are completed as required under the BMC. Therefore, be advised that building permits will not be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structures requiring water or sewer facilities shall be utilized on these lots until this restricted is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. 35. Linear Park 5B 5C and 5D and all improvements within it must be completed with Phase 5A. 34.36. The Property Owner Covenants cannot exclude accessory dwelling units and duplexes from the allowable uses. The City must be a party to the covenant. SECTION 3 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The property owners’ association (POA) documents must be finalized and recorded with the initial final plat within Phase 5 of the entire property. The POA documents must include the requirements of Section 38.220.300 and 38.220.320. 2. BMC 38.220.070.A.8 Final plat review. The applicant must 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 must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must provide sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community development department with a copy of all required streambed, streambank or wetlands permits or written notification from the appropriate agency the status of the wetland jurisdiction determination whether or not a 404 permit is required prior to the commencement to final plat approval of PHASES 5C and 5D. 32 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 13 of 28 4. BMCSection 38.400.010.A.2. Laurel Parkway is a collector street as identified in the City’s transportation master plan. Laurel Parkway must be fully constructed completed to ensure the convenient and reliable movement of traffic and effective access for emergency services. Laurel Parkway must be constructed from Durston the northern property line of the subdivision West Babcock prior to final plat approval of Phase 5A of the subdivision or the future subdivision or site development of lots within Phase 6. This section of Laurel Parkway must be guaranteed with an improvements agreement in order to receive final plat approval for Phase 6. 5. BMC 38.400.010.A. Parking must be restricted at all locations where the City’s Design Standards and Specification Policy (DSSP) minimum for Length of Tangency at Intersection has been deviated from and stopping sight distance cannot be met with the presents of parked vehicles. 6. BMC 38.400.010.A. STOP signs are required at all location where the City’s DSSP minimum for Length of Tangency at Intersection has been deviated from on non-through streets. 7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the approval of the first phase within Phase 51. 8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a POA and, the applicant must record the proposed documents governing the association at the time of final plat filing of any phase within Phase 5. 9. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered is a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval of any phase within Phase 5. 10. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the 33 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 14 of 28 affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. 11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 12. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 13. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat. 14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of 34 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 15 of 28 completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 15. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be financially guaranteed by an improvements agreement or installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state of Montana, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. 16. BMC 38.420.090. Statements regarding waiver of right to protest the creation of the parks and trails district and indicating that parkland is maintained by the POA may be removed from the plat and covenants, with the exception of the comments regarding retention ponds. 17. BMC 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 on perimeter streets and in and adjacent to City park lots and all open space lots is required prior to final plat approval. 18. BMC 38.410.060. A City standard sewer easement must be provided for the proposed sanitary sewer connection along the northern property at any point where the sewer line is less than nine feet from the edge of public right-of- way (ROW) or if the access to a manhole falls outside of the public ROW. No easement has been shown on the plat. Additionally, the 10 foot front yard utility easement must be provided along the park and may not be placed within the sewer easement. The 10 foot utility easement must start from the edge of the ROW or sewer easement, whichever is greater and extend 10 feet into the property. 19. BMC 38.410.060. A drainage easement must executed and recorded for the stormwater pond outlet pipe from where the pipe leaves the subject property to the discharge point into Aajker Creek. This easement must be provided prior to the subdivision’s infrastructure approval. The easement must allow for the long term access and maintenance of the pipe by the POA and access by City staff to verify the pipe is being maintained. 35 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 16 of 28 20. BMC 38.410.060. The City standard 10 foot utility easement must be extended along the western and eastern parks where the park fronts on public ROW. This easement must be shown on the final plat. 21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be reconfigured to allow for phased development of the Norton Ranch Subdivision. The exact configuration is dependent on the phase and number of dwelling units to be served. Currently, there are three pumps at the lift station with a single principal pump that can operate under different hydraulic conditions that the station experiences, specifically column separation after pumping cycles. Montana Department of Environmental Quality (DEQ) Circular 2 requires that multiple pumps must be provided and of the same size. Units must have capacity such that, with any unit out of service, the remaining units will have capacity to handle the design peak hour flow. The station does not satisfy DEQ firm capacity requirements. The lift station must be upgraded prior to final plat approval for any phase within Phase 5. 22. BMC 38.410.070.A. 12 foot all weather access must be provided to each manhole proposed outside of the public right-of-way, specifically sanitary sewer along the northern property boundary. The existing asphalt pathway is not intended to support the loading from a City vacuum truck. The applicant must provide a pavement design report for the pathway demonstrating the necessary section required to support a City vacuum truck and upgrade the pathway as need. This report must be provided with the infrastructure submittal for the subdivision. 23. BMC 38.410.080.A. The proposed stormwater discharge from the detention pond on the northwest corner of the development is located off-site. The applicant must obtain an easement from the adjacent property owner for the off-site discharge prior to final plat approval of any phase within Phase 5. 24. BMC 38.410.080.A. The subdivision is responsible for maintaining the stormwater system. A stormwater maintenance plan must be reviewed and approved with the infrastructure submittal. The approved plan must then be incorporated into the POA documents and a copy of the POA documents demonstrating inclusion of the stormwater maintenance must be provided to the Community Development Division prior to final plat approval of any phase within Phase 5. 25. BMC 38.410.080.A. 12 foot all weather access must be provided to each stormwater manhole proposed outside of the public ROW and extend into all proposed ponds. 36 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 17 of 28 26. BMC 38.410.130. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash in lieu of water rights and pay any cash in lieu of water rights due prior to final plat approval. 27. BMC 38.400.040.A.2. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 28. BMC 38.400.070. Subdivision lighting special improvement lighting district (SILD) information must be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application for Phase 5 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. 28.29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located within Phase 5 must be obtained from the US Army Corp of Engineers prior to infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the subdivision. The determination must be provided to the City prior to infrastructure design approval. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application was adequate for continued review and recommended approval with conditions on February 5, 2021. The Planning Board will conduct a public hearing to review the preliminary plat and make a recommendation to the City Commission. The public hearing date for the Planning Board is on March 1, 2021 at 6:00pm via WebEx. The public hearing date for the City Commission is on March 9, 2021 at 6:00pm via WebEx. 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. 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: 37 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 18 of 28 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 recommended condition of approval number 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 Bozeman Municipal Code (BMC). 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 requirements 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 January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The City Commission is scheduled to review the preliminary plat and make a decision at their March 9, 2021 public hearing. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman Municipal Code. 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 shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130.A.5.a(4), the City Commission must approve, conditionally approve or deny the subdivision application by April 6, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. 38 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 19 of 28 On February 22, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 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 3 and code requirement 20 require performance of these obligations. 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 BMC 38.400 and associated design standards. In addition, pursuant to BMC 38.400.090.A, plats must 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 This subdivision will not impact agriculture on the site. The subject property is designated as residential according to the City of Bozeman Community Plan. The area is zoned for residential and has been annexed but is vacant. The buildable portion of the proposed subdivision is entirely residential. No viable farm units exist on the property. The subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. There are no active agricultural water use facilities located within the development. The area is zoned for residential and has been under development for many years. 39 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 20 of 28 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way of Babcock Street to serve the development. The subdivider proposes to extend water and sewer mains throughout the development and to the individual lots within the subdivision. These internal water and sewer mains will be installed or guaranteed prior to final plat approval. The Norton Ranch Lift station must be upgraded prior to any final plat approval for any phase within Phase 5 and a separate lot must be created for the station as outlined in condition of approval number 30 and code provision number 21. The applicant must provide transfer of ownership of the irrigation facility 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. Condition of approval number 26 and code provisions 18, 19, and 20 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 26 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 utilizes West Babcock Street, a collector, and Vaughn Drive, a local street, to provide east west connectivity and Laurel Parkway, a collector, provides north to south connectivity. Other internal local streets provide access to all lots. The project is well connected and meets block length requirements with the proposed streets and pedestrian midblock crossings. With the initial application (18278), Laurel Parkway was proposed by the developer to be constructed in two phases which was not in compliance with code requirements. The City Commission heard the item on November 17, 2020 and required that the applicant construct Laurel Parkway in one phase from Durston Road to West Babcock. In order to accommodate this requirement, the applicant has submitted this application to modify the conditions of approval and phasing of the development in which the restricted lots in Phase 6 can be sold off to help finance the construction of Laurel Parkway. Laurel Parkway must be dedicated with the initial phase of the subdivision as outlined in condition of approval number 28 and completed prior to the final plat approval of Phase 5A and guaranteed with the final plat for Phase 6 as outlined in code provision number 4. The development’s traffic impact study has identified the intersection of Laurel and Durston will fall below the City’s level of service requirements in the future. However, based on the subdivision’s build out year, the Engineering Department has determined 40 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 21 of 28 the intersection will have an acceptable level of service by the completion of the entire subdivision as ensured by condition of approval number 7. Street lighting is a component of the required street improvements. A special improvement lighting district (SILD) is proposed to maintain these facilities. Condition number 8 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 Bozeman 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. Conditions number 10, 22, and 25 ensures this will be satisfied according to standards with the final plat. There is a proposed stormwater discharge from the detention pond located in Park 5A that then drains off site into Aajker Creek to the west. An easement from the property owner to the west must be acquired in order for the stormwater to travel off site of the Norton property into Aajker which is addressed in condition number 22 and code provision number 19 and 23. Parklands - The proposal meets the required park dedication and improvement standards. The Recreation and Parks Advisory Board recommends approval of the park master plan. A final park plan will be completed and approved with the initial final plat. The parkland proposal for Norton Ranch Phase 5 consists of parkland totaling 8.76 acres within 5 City park lots. A large amount of this land is within watercourse setback areas and the parkland contribution is reduced accordingly; however the inclusion of the watercourses and setback areas within the larger park parcels was allowed with the approval of the Park Master Plan for Norton Ranch Subdivision approved on September 27, 2010 and previous phases. There is a linear park corridor along the west edge of the subdivision that coincides with Aajker Creek. This linear park was proposed to be built in two phases, the southern portion with 5A and the northern portion with 5B. The applicant has agreed to construct the linear park and the trails with Phase 5A as described in condition number 35. 41 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 22 of 28 At the northwest corner of Phase 5, there is a 1.769 acres park proposed including a .785 acre retention pond. The large park lot is 5.636 acres with 1.678 acres of wetlands. Within this park, there will be a playground area, a parking lot, a Class II gravel pathway, and wayfinding signage. Condition of approval 13 and 14 and code provisions 7 and 15 address park easements and dedication within the development. 4) The effect on the Natural environment Wetlands exist on the property on the eastern portion and on the northern property boundary. The watercourse setback for this wetland is located mainly on the proposed park but does impact some of the lots on the eastern and northern portion of the development, part of Phases 5C and 5D. The City required an updated wetland delineation as it had been over 5 years since the most current one was conducted that was used for previous Norton Ranch phases. The 2018 delineation results indicated that the wetlands had expanded since 2006 due to a several sources of water that have since been abandoned or diverted to Aajker Creek, which flows to the west of the development. Due to this expansion, a new jurisdictional status determination is required from the U.S. Army Corps. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See Appendix E, Wetland Exhibit for wetland boundary changes. Review of this determination is underway and if it is determined that the wetlands are classified as jurisdictional, they fall under the purview of the U.S. Army Corps which will require additional permitting such as a 404 permit and possible mitigation. Some of the wetland boundary encroaches into lots in Phases 5c and 5d which could result in the wetlands needing to be filled in order for the lots to be developed if they are classified as jurisdictional. Condition of approval number 15 and code provision 3 and 29 ensures that wetland jurisdiction determination must be completed prior to final plat approval. The City requires 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 provision 11 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 of approval number 20 prohibits use of basements. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by grazing which has reduced wildlife habitat. There are no 42 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 23 of 28 known endangered or threatened species on the property. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects related to wildlife impact from this proposed development. 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 October 31, 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 As stated in the analysis above on the natural environment, wetlands and surface waters exist on the property. Surface waters on the property a preservation wetland located along the east boundary of the property, a temporary drain ditch excavated in January 2015 along the north property boundary, and an existing temporary retention located in the southwest corner of the property. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See Appendix E, wetland exhibit. 38.220.060.A.2 Floodplains Material Waived. There are no designated floodplains on or immediately adjacent to the site. 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 measured during the spring of 2018 and groundwater depths ranged from .5 feet to 2 feet. Condition of approval 21 and 25 require additional data to ensure that all City drainage standards are met. 43 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 24 of 28 The geotechnical investigation conducted in January 2018 is included in Appendix C. Groundwater was encountered in all test pit excavations. Condition 20 restricts basements and crawl spaces for this reason. Plat note 7 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 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 E. 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 and is located in Appendix B. Condition 24 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 in Appendix C. The soil was deemed acceptable to carry the burden of infrastructure with foundation recommendations and bearing capacity detailed in the report. 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 east of Phase 5 and within the proposed park was conducted in 2007. A summary of this report and conservation easements are included in Appendix E. A watercourse setback bordering the east side of the development and in the park will be revegetated with native grasses and shrubs. 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 There are no active agricultural water user facilities located within the development. 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 reports have been provided in 44 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 25 of 28 Appendix A. 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 26 applies to this issue. 38.220.060.A.11 Stormwater Management Stormwater within the subdivision will be conveyed via surface gutter flow to cub inlets, then underground via storm drain piping to a stormwater detention pond located in Park 5A. See stormwater design report in Appendix B. 38.220.060.A.12 Streets, Roads and Alleys A traffic impact study was completed and is included in Appendix F. It was determined by the Engineering Department that the street infrastructure proposed will adequately service the subdivision with the exemption of condition of approval number 28 and code provision 4. See discussion above under primary review criteria. 38.220.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. Standard 10 foot front setback utility easements are provided across all lots. 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 A letter was received from Director of Facilities of Bozeman Public Schools. Adequate capacity is available and detailed in Appendix C. 38.220.060.A.15 Land Use The use proposed is exclusively residential for the buildable portion of phase 5, which conforms to the future land use designation and zoning purposes. 148 lots will be developed with Phase 5 which are to the west of Laurel Parkway. The R1A, R1B, R1C, and R1D restricted development lots part of Phase 6 to the east of Laurel Parkway are subject to further subdivision review prior to development. 38.220.060.A.16 Parks and Recreation Facilities There is a Master Park Plan for this project located in Appendix G which details the proposed parks. See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Material waived. A Neighborhood Center was satisfied with Phase 3 on the southeast corner of Babcock and Laurel Parkway. In this neighborhood center includes pedestrian infrastructure and park amenities. The entirety of Phase 5 is within one-half mile of the existing neighborhood center. 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) must be created prior to final plat application. 45 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 26 of 28 38.220.060.A.19 Miscellaneous Material waived. No additional impacts or hazards anticipated. 38.220060.A.20 Affordable Housing There will be 14 affordable single household detached lots constructed to meet affordable housing requirements. They are expected to be single family detached homes with 3 bedrooms. The affordable homes will be constructed in Phase 5A on Lots 1, 2, 21 and 22 of Block 23, Lots 1 and 2 of Block 22, Lot 8 and 9 of Block 18, Lots 8, 9, 10 and 11 of Block 19 and in Phase 5C on Lots 10 and 11 of Block 18. CAHAB reviewed and recommended approval of the Affordable Housing Plan. See Appendix H for more information on the affordable housing plan. Condition 12 and code provisions 9 and 10 detail affordable housing requirements prior to final plat approval. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Moderate Density), R-3 (Residential Medium Density District), and R-4 (Residential High Density District. The buildable portion of the subdivision subject to immediate development is located in the R-2 and R-3 districts. The intent of the R-2 residential moderate density district is to provide for one- and two- household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are 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 housing types in newly developed areas. 2. Providing for community facilities to serve such development while respecting the residential quality and nature of the area. Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. 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 housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. 46 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 27 of 28 Use of this zone is appropriate for areas with good access to parks, community services and/or transit. 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 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 public comment has been received. APPENDIX C - OWNER INFORMATION Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701- 5877 Applicant: Kilday & Stratton, Inc., 2880 Technology Boulevard West, Suite 273, Bozeman, MT 59718 47 21024 Planning Board Staff Report – Norton Ranch Phase 5 Subdivision Page 28 of 28 Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718 Report by: Sarah Rosenberg, AICP, Associate Planner FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials. 48 Memorandum REPORT TO: Planning Board FROM: Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT: Second work session to define and refine Planning Board goals and Community Plan Implementation. The initial discussion took place on December 21, 2020. Suggestions on how to improve Planning Board meeting efficiency. Three supporting documents attached to this cover memo. MEETING DATE: March 1, 2021 AGENDA ITEM TYPE: Policy Discussion RECOMMENDATION: N/A STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: On December 21, 2020 the Planning Board began a discussion on the Board priorities and goals for the coming year including implementation of the Community Plan 2020. Based on this initial discussion Henry Happel, Board President, drafted a memo summarizing the proceedings. This memo is attached to this agenda. To assist in informing the budget discussion, staff prepared an initial budget concepts memo. In addition, the December 21, 2020 staff memo is attached for your reference. General City Planning Board information is linked for your review from the online document repository. UNRESOLVED ISSUES: None ALTERNATIVES: As determined by the Board. FISCAL EFFECTS: Not identified at this time. Attachments: Hap Memo to PB-210224.pdf Saunders memo to PB 12-16-2020.doc 49 Efficient Meetings Suggestions-210222.docx Rules of Procedure-Hghlgt-210222.pdf Footnotes.docx Report compiled on: February 24, 2021 50 51 52 53 54 MEMORANDUM TO: BOZEMAN PLANNING BOARD FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER RE: PLANNING BOARD GOALS AND COMMUNITY PLAN IMPLEMENTATION DISCUSSION DATE: DECEMBER 16, 2020 As the Planning Board conducts its discussion on goals and growth policy implementation it may be helpful to know what activities are already in process or to start up shortly. Resolution 5133 adopting the Bozeman Community Plan 2020 (Plan) on November 17, 2020 requested the City Manager to undertake implementation activities. Section 4 The City Commission requests the City Manager to prepare an implementation plan to undertake the implementation of the recommendations and policies of the Bozeman Community Plan 2020. The City Manager shall provide recommendations for timing of work, budget, and staff time commitments to complete the implementation plan. Section 5 The City Commission requests the City Manager to develop the tracking indicators in Chapter 4 of the Bozeman Community Plan 2020. The City Commission acknowledges that the details of implementation of the tracking indicators are subject to adjustment due to data availability and targets if established by the City Commission. The following are already in progress for implementing the growth policy. Item 1 is the foundation for the staff recommendation to the City Manager for what an implementation plan looks like and what resources are needed. In the list below, STAL stands for Short Term Action List as shown on page 63 of the Plan. Some items have identified goals or objectives from the Plan besides those on the STAL. 1. Working with GIS, Planning, IT, Sustainability, Parks, Engineering, Water Conservation, and Housing to coordinate implementation of multiple plans to magnify effectiveness of actions taken by moving multiple plans forward with targeted and harmonious action. Next meeting is mid-January. R-2.8, RC-4.1, and RC-4, Resolution 5133 Section 4 2. Working with GIS to finalize baseline data for the metrics on Page 64. (GIS lead has recently taken a job with another agency) Resolution 5133 Section 5 55 Page 2 of 3 3. RFP for review of UDC (as called for in housing action plan) to be issued before end of December. Substantial staff support required as project proceeds. This project may touch on many goals and objectives of the Plan. 4. Working with Public Works on update to sewer master plan. This work is needed to identify where capacity limitations may exist and identify what improvements are needed to support infill and outward expansion. (Necessary preparation for STAL 1 and 2) 5. Have begun review of building heights per Downtown neighborhood plan and Plan, recommendations expected for April action by CC. Two meetings held so far with design professionals to solicit input. Phase 1 completed on Dec 15 th . Expected code revisions for phase 2 to be proposed in 2021. (STAL 3 and 4) 6. Working with Water Conservation division to review alternatives for standards to support water conservation. Expected code revisions to be proposed in 2021. (STAL 5) 7. Working with HR for new hire to support MPO functions, position is budgeted and authorized. (STAL 9) 8. Reviewing multiple zone map amendments, initiated by landowners, which will remove FLUM/ZM mismatches. (STAL 11) 9. Working with Engineering, DNRC, FEMA to completely replace floodplain regulations and implement new floodplain maps. Mandated deadline by April 2021. Coordinating code development with Gallatin County Floodplain Administrator for consistency across jurisdictional boundaries. (STAL 14) Other Department actions moving forward now that are related to various parts of the Plan. a) Working with contractor on survey work for historic preservation to identify those properties which are or are not eligible. This work is an update to the 1984 survey. Finishing the 1 st phase (approx. 128 properties) along N. 7 th in January 2021. A 2 nd phase to finish updating the B-3 area is underway. A 3 rd phase will be proposed for the next budget. Purpose of the survey update is the foundation to consider revisions to NCOD boundary, updating design guidelines. https://www.bozeman.net/government/historic- preservation has the locations and descriptions of the work. Final NCOD Policy Direction Report, items 2.2, 2.3, and 4.2 and Plan items N-4.1, N-4.2, N-4.3 b) Based on outcome of completed survey work in Phase 1 the City will consider a revision to the NCOD boundary along Midtown TIF boundary. This is a zone map amendment. City Commission has already directed this work to happen with the Final NCOD Policy Direction report, item 2.2. Implements Plan DCD-1.2 56 Page 3 of 3 c) Semi-annual text amendment cycle is underway including phase 2 of building heights to consider where and to what degree changes to maximum building heights are appropriate. Plan RC-4.4 d) Working with Montana League of Cities and Towns on legislation for expedited subdivision reviews for zoning compliant subdivisions. Plan DCD-1.2 e) Implementing new multi-department application intake and processing software which will provide simplified upload and updates of documents, better plan tracking, and approval communication. Plan DCD-4.1 f) Working with Engineering on new well field on west side of the community. Plan DCD1- 1.13, DCD-2.1 Possible implementation task for the Planning Board Neighborhood plans must be consistent with the overall growth policy. With the recent adoption of the new Plan it is appropriate to review the existing neighborhood plans for consistency. If they are not consistent they should be updated or rescinded. Any development applications within the area of a neighborhood plan must conform to both the neighborhood plan and the overall growth policy. Older documents are: Bozeman Creek Enhancement Plan 2012, Bozeman Creek Neighborhood Plan 2005, Bozeman Deaconess Health Service Subarea Plan 2005, and the Design and Connectivity Plan for N. 7th Avenue Corridor 2006. Recent documents include: Downtown Bozeman Improvement Plan 2019, and the Triangle Community Plan 2020. 57 Some Suggestions for the Conduct of Efficient Meetings Board Members: While some of the burden of conducting efficient meetings falls on the meeting chairman, much of the responsibility resides with the board members themselves. Therefore: 1. All members should confine their remarks to the specific subject under discussion and nothing else. 2. All members, before speaking, should attempt to organize their thoughts in a manner so that their remarks can be delivered cogently and succinctly. 3. Any member offering a motion should strive particularly to ensure that the motion is clearly understandable and as succinct as possible. 4. All members must preserve order and decorum and avoid any speech or actions that would delay or interrupt the proceedings. Further to the above, no member may: -interrupt another speaker except to raise a point of order; -make any personal, impertinent or slanderous remarks; -engage in boisterous conduct. Meeting Chairman: It is the obligation of the chairman to enforce the above protocols applicable to all Board members. In addition, the chairman should: 1. At the beginning of every meeting, set an expectation for the duration of the meeting, which should generally not exceed 2 hours; 2. Limit, when needed, the total time for public comments by: -limiting each speaker to 3 minutes (or more); -encouraging speakers who merely wish to support comments already made to simply say so; 3. Limit, when needed, the time for presentations by applicants to 10 minutes (or more); 4. For meetings going beyond two hours, provide for a break of 5-10 minutes in the proceedings at approximately the two-hour mark. 58 59 60 61 62 63 64 65 66 67 68 NOTES 1. Is this meant to be the first meeting after January 1, or the first meeting after February 1, when the new board is seated? The language could be amended to clarify this. 2. The State statute refers to a “president” and “vice president.” The commonly used terminology, at least on the Planning Board, is “chairman” and “vice chairman.” Would it make sense to modify this sentence to read, ”…the board shall appoint by majority vote, a president (also commonly referred to as a chairman) and a vice president (commonly referred to as a vice chairman).”? 3. If true, it would be better to say that, “Pursuant to Section 7-1-4135, MCA, the City Commission has designated as the official posting place for the Bozeman Planning Board…” since the statue refers to the governing authority. I gather that this is not the posting place for all boards. If it were, it would be better to say that, “Pursuant to Section 7-1-4135, MCA, the City Commission has designated as the official posting place for all City boards…” 4. If you would like to put all language about preparation of the agenda into the first part of this Subsection A, rather than scattered here and in Subsection B, you could revise A and the first part of B to read as follows: A. The staff liaison, the president, or in his absence the vice-president, shall prepare a list of matters to be brought before the board prior to each of its scheduled meetings. The agenda may be prepared in consultation with other board members. The agenda shall include any matters that the Board at a previous meeting has decided to place on the agenda for the meeting in question. The agenda shall follow the order of business specified in Subsection B., below. The staff liaison shall furnish each board member and the public, through the City’s website, with an agenda based on the agreed list of matters no later than 48 hours immediately preceding the meeting for which that item has been scheduled. The agenda published on the website shall be accompanied by all written material in the possession of the Department of Community Development to be presented to the board for consideration with the agenda item. Copies of the agenda only shall be available from the City Clerk. In addition, pursuant to Section 7-1-4135, MCA, the City of Bozeman has designated the lobby of City Hall located at 121 North Rouse, Bozeman, Montana as the official posting place for all public information. A copy of the agenda shall therefore be posted at the designated posting board at this location for public viewing. B. The agenda shall be in substantially the following form: 69 5. I‘d suggest that the language be changed to better comport with reality: “The Planning Board shall hold regular meetings on a schedule as agreed to between the board and the Department of Community Development, but in all events no less frequently than once in the months of January, April, July and October.” 6. These Rules refer in various places to “the secretary.” The State statute refers to written requests to “the secretary.” The Board has never elected a secretary and I don’t think we have any individual who is the secretary of the Planning Board. We have “staff liaison” which I presume can refer from time to time to any number of persons on City staff. If possible, I would replace “secretary” wherever it appears in this document, with “staff liaison.” I think the first part of the Special Meetings Subsection should therefore read: “The presiding officer, two members upon request to the staff liaison, or the staff liaison itself may call special meetings…” 7. I would move the “Special Meetings” language in Subsection D. up and locate it as Subsection A. iii. There are two reasons for this: first, we hold quite a few special meetings and that argues for a more prominent place for special meetings in this Section 5. Second, the language in the current Subsection ii about adjourning meetings applies to special meetings, but that’s not entirely clear at present. If this change is made, the heading for Subsection A would need to be changed to “General/Regular and Special Meetings:”. I would also move the current Subsection A.iii up to immediately below A.i since it concerns only regular meetings. 5.-7. Because the sum of my comments above may be confusing, here is what I’d suggest Subsection A. look like: A. General/Regular and Special Meetings: i. The Planning Board shall hold regular meetings on a schedule as agreed to between the board and the Department of Community Development, but in all events no less frequently than once in the months of January, April, July and October. ii. The presiding officer, staff liaison or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. iii. The presiding officer, two members upon request to the staff liaison, or the staff liaison itself may call special meetings of the board. The staff liaison shall send to all members at least forty-eight (48) hours advance written notice of the meeting delivered by means of email communications to the member’s known email address, or written notice left at the member’s usual place of residence, and accompanied by notice to the public by, at a minimum, the posting of the agenda on the City’s website and posting board. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting or if all members are present at the special meeting. (76-1-301 MCA) iv. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. 70 8. I don’t know what having testimony and evidence “directed to the presiding officer” means. What’s the practical import of this language? 9. This sentence doesn’t indicate who is to make the decision about whether testimony under oath is required, nor who administers the oath, nor what the language of the oath is. Should these issues be addressed? 10. It has not been our practice to reduce motions to writing. I would very much like to see this done and I suspect modern technology could help. 11. This Subsection should, I think, prohibit off-topic speech more broadly. I’d suggest, “Speakers should address only the matter then before the board. Any person speaking on a matter not then before the board, unless addressing a matter of privilege, may be called out of order.” 12. I think a more appropriate place for this Section, which describes what the Planning Board is about, would be right after Section 1 on the first page of this document. 71