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2880 Technology Boulevard West, Suite 271, Bozeman MT 59718
Project Narrative
The Norton East Ranch Subdivision, Phase 5 preliminary plat received approval at the
December 1, 2020 City Commission Meeting. A condition of that approval required
Laurel Parkway to be constructed from Durston Road to West Babcock Street prior to
the final plat of Phase A of the subdivision. In response to this condition the applicant is
requesting to amend the preliminary plat, as presented in this application. The purpose
of this amendment is to facilitate the construction of Laurel Parkway with the first
phase of Norton Ranch.
This amendment modifies the phasing plan and schedule by creating Phase 6, consisting
of the restricted lots to the east of Laurel Parkway. As allowed by Section
38.270.030.B.1.b.(2) of the City of Bozeman Uniform Development Code, Phase 6 will
be moved up in the schedule to be final platted prior to any construction on the site.
The applicant will enter into an improvements agreement guaranteeing the completion
of Laurel Parkway between West Babcock St. and it’s current terminus at the north
boundary of the project. These lots are restricted and no building permits will be issued
or further development occur without further review by the City of Bozeman. Plans and
specifications for Laurel Parkway will be submitted to and approved by the City of
Bozeman Engineering Department prior to final plat approval. This will create 4
transferable lots which can then be sold to generate funds to assist in the construction
of Laurel Parkway. The approved Norton East Ranch Subdivision, Phase 5 preliminary
plat layout is not being modified. The only modification is to the phasing plan and the
project schedule.
Updated Phasing Plan
The Updated Preliminary Plat Phasing Exhibit Norton East Ranch Subdivision,
Phase 5 is provided with this submittal.
Updated Preliminary Plat
The Amended Preliminary Plat of Norton Ease Ranch Subdivision, Phase 5 is provided
with this submittal.
Updated Project Schedule
The project schedule is presented below:
Winter 2021 – Phase 6 final platted with Improvements Agreement to
guarantee the construction of Laurel Parkway.
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Norton Ranch Subdivision, Phase 5 – Amended Plat
Spring/Summer 2021 – Construct and Final Plat Phase 5A, including Laurel Parkway
between West Babcock St. and its current terminus at the north boundary of the
project. Home construction begins upon final plat approval. Landscaping and sidewalks
will be guaranteed by and an improvement agreement.
Fall 2021 – Construct and Final Plat Phase 5B. Landscaping and sidewalks will be
guaranteed by and an improvement agreement. This phase may be constructed
simultaneously with Phase 5A depending on the jurisdictional status review by the
Army Corps of Engineers relating to the ditch along the north boundary of the
property.
Spring 2022 – Construct and Final Plat Phase 5C and 5D. Landscaping and sidewalks
will be guaranteed by and an improvement agreement. These phases may be also be
constructed simultaneously with Phase 5A depending on the jurisdictional status
review by the Army Corps of Engineers relating to the ditch along the north boundary
of the property.
Effect on Recommended Conditions of Approval and Required Code
Provisions
To accommodate this amendment, it will be necessary to modify several Conditions of
Approval and Required Code Provisions established in the City Commission Findings of
Fact and Order for the Norton Ranch Phase 5 Subdivision. Following is a summary of the
conditions and code provisions that are affected and proposed language to modify the
condition to allow the proposed changes to the Phasing Plan.
Recommended Conditions of Approval:
15. BMC 38.220.070.A.7. Ensure that a conservation easement within the
City park parcel is transferred to the City of Bozeman with the final plat.
Proposed Modification:
15. BMC 38.220.070.A.7. Ensure that a conservation easement within the City
park parcel is transferred to the City of Bozeman with the appropriate final
plat within Phase 5.
24. 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. 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.
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Norton Ranch Subdivision, Phase 5 – Amended Plat
Proposed Modification:
24. 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 plat in 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.
Required Code Previsions:
1. BMC 38.220.300 and 310. The property owners’ association (POA)
documents must be finalized and recorded with the initial final plat of the
entire property. The POA documents must include the requirements of
Section 38.220.300 and 320.
Proposed Modification:
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 320.
7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required
with the approval of Phase 1.
Proposed Modification:
7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required
with the approval of the first phase within Phase 5.
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.
Proposed Modification:
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 for any portion of Phase 5.
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Norton Ranch Subdivision, Phase 5 – Amended 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
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.
Proposed Modification:
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.
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.
Proposed Modification:
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 of any phase within Phase 5.
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.
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Norton Ranch Subdivision, Phase 5 – Amended Plat
Proposed Modification:
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.
Proposed Modification:
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.