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08- Norton East Ranch Major Subdivision #P-07047
The Norton.. fast Ranch Major Subdivision Findings of Fao# and Order #P 07047 . BEFORE THE SOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF NORTON PROPERTiE5 LLC, AND NORTON DEVELOPMENT LLC., REPRESENTED BY B1G SKY LAND CONSULTING, FOR PRELIMINARY APPROVAL OF THE NORTON EAST RANCH MAJOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on January 22, 2008 for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat fora 128-lot Major Subdivision, as submitted in its original form on October 5, 2007, #P-07047. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the Bozeman Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. 1t appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On October 5, 2007, Norton Development LLC and Norton Properties LLC represented by 21 The Norton East Ranch Major Subdivision Findings of F©ct and Order #P- 07047 Big Sky Land Consulting, submitted an application for approval to create a Major Subdivision on 47.77 acres. The subject properties are legally described as the NE'/a of the SW '/4 and the NW'/a of the SE'/4 , ofSection 9, T2S, RSE, P.M.M., Gallatin County, Montana. The property is am~exed with a coning designation of R-4 (Residential High Density District). The application was originally received October 5, 2007. The application was deemed unacceptable far initial rcvicw on October 17, 2007. The preliminary plat was resubmitted on October 17, 2007. On Novcmber 7, 2007 the application was deemed acceptable for initial review. On November 27, the application was deemed inadequate for continued review by the Development Review Committee. On December 4, 2007 the plat was again resubmitted. On December 19, 2007 the application was deemed adequate for continued rcvicw. 11. The comments of the Development Rcvicw Committee, Wetlands Rcvicw Board, Recreation and Parks Advisory Board, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval, which was provided to the City of Bozeman Planning Board. III. Public notice was provided via publication of a legal notice in the newspaper on December 2, 2007, posting the subject property on November 29, 2007, and certified mailing of notices to adjacent property owners and first class mailing of notices to other property owners within 200 feet of the subject property on Novcmber 30, 2007. -2- 22 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 The City of Bozeman Planning Board held a public hearing on January 2, 2008. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance, Title 18, BMC. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The Planning Board then opened the public hearing for public comment and one member of the public provided testimony expressing concern regarding the need for a parks maintenance district, the need for fences to catch debris, the need for fencing to separate residential and agricultural uses, the need for additional storm drainage infrastructure, the need for weed control, concern about impacts to Huf~ne Lane, and a question regarding the source of irrigation water. The City of Bozeman Planning Board after consideration of the subdivision review criteria, the application materials, and public testimony moved to recommend conditional approval of the subdivision with conditions as recommended by Staff except for the removal of proposed condition # 35 and passed on a vote of6-0. 1•V. The application was considered by the Bozeman City Commission at its regular meeting on January 22, 2008, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. Written public comment received after the Planning Board hearing was provided to the Commission prior to the meeting and one member of the public spoke in opposition to the application. V. A. Primary Review Criteria -3- 23 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 1. Effects on Agriculture. The property has been previously annexed and, while a significant portion has remained. under cultivation, has been Toned and master planned for residential and parks uses. 2. Effects on Agricultural Water User Facilities. No effects on agricultural water user facilities have been identified for this project. 3. Effects on Local Services. The Bozeman 2020 Community Plan identifies this property as lying within the "Capital Facilities Overlay District" (Figure 6-2). The "Capital Facilities Overlay District" is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. This is an area within the long-range growth arcs. of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this development. Therefore, the standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection., post-construction certifrcation and preparation of mylar record drawings applies. No building permits will be issued prior to substantial completion and City acceptance of required water and sewer infrastructure improvements. The Engineering Department has recommended conditions requiring that the lift station proposed shall be constructed to accommodate the sewer capacity of tlae full development. The wastewater output from the lift station is conditioned to be restructured until a trunk sewer is installed per the 2007 Wastewater Facilities Plan. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. Police/Fire. The property is located within the City's Police and Fire emergency response area. The subdivider muss obtain addresses for the new lots from the City Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. In November of 2006, the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. The plan does not identify any specific improvements required with this development. Streets. Several new and existing street improvements will be required to accomn~odatc this development. This includes improvements of West Babcock Strcct, Fallon Street, Laurel -4- 24 The Norton Fast Ranch Major Subdivision Findings of Fact and Order #P- 07047 Parkway, and Cottonwood Road as analyzed in the Traffic Impact Study (T1S) completed for this prgject by Engineering, Inc. The standard code requirements apply, including the requirements for plans and speci0cations, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. No building permits (except the lift statiox7) will be issued prior to substantial. completion and City acceptance of rcquircd street infrastructure improvements (with the exception of sidewalks). Stormwater. The standard requirement tar a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for any major drainage courses that arc being cut off. Parks/Trails. Based on 322 dwelling units at 0.03 acres of parkland per dwelling unit, 9.66 acres of dedicated parkland is rcquircd with this major subdivision The dedicated park areas proposed are the neighborhood center (1.U0 acre), the wetland area (4.02 acres) and the park area. to the south and east of the wetland (2.77 acres), the neighborhood "tot lot"(.47 acres) and the linear parkways (l . l acres). The total parkland to be dedicated is thus 9.36 acres. Out of that area .45 acres must be deducted for the stormwater detention ponds located within the 2.77 acre park area to the south and cast ofthe wetland area. With the detention pond area deducted 8.91 acres are provided. The applicant had requested a .75 acre credit for workforce housing. According to staff's calculation the applicant may only take a .47 acre credit for the 8 required workforce units (3 detached single family a~ 2,700 square feet and 5 attached single family (~x; 2,500 square feet). With the workforce credit applied the applicant is providing 9.38 acres of parkland and is rcquircd to provide 9.66 acres of parkland. Staff has added a proposed condition to the subdivision that .28 acres of additional parkland shall be provided: onsitc, offsitc, or cash in lieu. The Recreation and Parks Advisory Board reviewed the proposal on November 30, 2007 and ge-xerally recommends approval of the parks master plan. The RPAB recommends that the applicant provide a 10' meandering concrete shared use path along Wayward Westin lice of the standard city boulevard and sidewalk and additional trail proposed in this location. The Final Park and Trail Master Plan must provide an improvements schedule that outlines those improvements to be installed by the developer, by the home owner's association, and/or by others, as well as the improvements schedule far completion. Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the subdivision location. Private utilities arc in the vicinity, but extensions will be needed. The -5- 25 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07Q47 preliminary plat shows utility easements being providcd along the alleyways and in the fronts of the lots without alley access. Letters from the applicable utility companies, excluding Qwest, were provided indicating that service can be provided to this new development. 4. Effects on the Natural Environment. As required, an approved noxious weed management and rc-vegetation plan was provided with the preliminary plat application (see Section 17 of the applicant's submittal materials). A Memorandum of Understanding must be entered into with the County Wecd Board prior to submittal of the final plat. The location of the wetlands and significant vegetation are located in subdivision has already been. discussed by staff. The City Wetland Review Board has reviewed the proposed impacts to the non-jurisdictional wetlands and is generally in favor of the proposed subdivision. The WRB has proposed two conditions to mitigate the impacts of the development on the wetland areas. See conditions 42-45. All roadway crossings of the Baxter Creek and Baxter Ditch and associated wetland areas will occur only with the approval of 310 and/or 404 Pcrnlits from the Gallatin. County Conservation District and the Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sewer systems. Finally, the applicants provided a letter from the State Historic Preservation Oftice regarding cultural resources on the subject property. The letter from SHPO indicates that there is a low likelihood that cultural properties will be impacted. The applicant also contracted with Anthro .Research to conduct a cultural resource survey of the property. The study indicated that no evidence of cultural resources was found. Staff is recommending a condition requiring that should historical, cultural and/or archeological materials be inadvertently discovered during construction of this prgject, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. S. Effects on Wildlife and Wildlife Habitat. According to the preliminary wildlife assessment there are no known endangered species o.r critical game ranges on site. Deer are commonly seen on the property along with small animals, rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have been received and only include generic subdivision comments that relate to impacts to the local waterways from road building, drainage within the subdivision and sediment release due to construction disturbance. The required permitting for the roadway crossings and for any wetland fill or sediment discharge to local. waters should prevent of mitigate any impacts to local waters. Staff is recommending a condition that should any species of concern, as defined by the -6- 26 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047_ Montana Natural Heritagc Program, be discovered on-site during construction, the Montana Department ofFish, Wildlife and Parks and the Montana Natural Heritagc Program shall be contacted irnmediatcly and construction activities shall cease. 6. Effects on Public Health and Safety. The intent of the regulations in the Title 18 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC) which has detertnincd that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: a. 18.42.030.D "Corner Lots" -The homeowner's association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. b. 18.04.050 -Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with each final plat of the major subdivision. c. 18.42.060.B. l .a "Private Utilities" -The final plat and homeowner's association documents shall contain a note stating that if a utility easement is greater than the building setback required by the Title 18 of the B.M.C. said easement shall apply. d. 18.44.O10.A. "Streets" When a proposed development adjoins undeveloped. land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography, or other physical conditions, in which case a subdivision variance must be approved by the City Commission. e. 18.44.120 "Public Transportation" -Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter ai the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Codc. -7-- z~ The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 f. 18.46.020.B "Parking Within Structures" -The homeowners' association documents shall include the minimum provisions for one-stall and two-stall car garages as outlined by Administrative Policy No. 2007-03. g. 18.50.080.D "Storm Water Detention/Retention Ponds" -The park master plan shall provide a grading and landscape plan for any storm water facilities located in dedicated parklands. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.E "Maximum Allowable Slope or Grade" of the U.D.O. h. 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDS) for a park maintenance district shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. i, 18.78.070.D requires a Fins] Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installations of any improvements or prior to Final Plat submission, whichever comes f rst. The Park Plan shall address all of the criteria outNned in Section 18.78.O60.P of the BMC. j. Covenants, restrictions, and articles of incorporation for the creation of a homeowtlers' association shall be submitted with the final plat. application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stortnwatcr facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. 1. Thcsc documents shall include a common area and facility maintenance plan and guarantee for the permanent care and maintenance of open spaces, recreational areas, stormwatcr facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. 2. These documents shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. 3. Thcsc documents shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. k. Section 18.78.070.D of the BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies ofthe plan shall be submitted to the Planning Of~cc for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P of the BMC. 1. Pursuant to Section 18.0(.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for -8- 2s The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to t11at expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in § 18.74.060, BMC. m. Pcr Section 18.42.050, utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear propcriy line. n. Per Section 1.8.42.120, if mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a. City right-ot=way. o. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets and adjacent to public parks or other open spaces. A landscape platy shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or by final plat, whichever comes first. p. All improvements are subject to Chapter 18.74 "Improvements and Guarantees." If it is the developer's intetai to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation ofall improvcmcnts, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. q. The final plat must be in compliance with all requirements of Section 18.78.070 "Final Plat," including, but not limited to the following items: 1. Section 18.78.070.0 states that a Memorandum of Understanding shall be entered into by the Wced Control District and the subdivider for the control of county declared. noxious weeds and a copy provided to the Planning Department prior to final plat approval. 2. The final plat submittal shall include all required documents, including certification from the City Engineer that as-built drawings for pubNc improvements were received, a. platting certificate, and all required and corrected certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on adouble-sided, high density 3'/z-inch floppy disk or compact disk; and five (5) paper prints. 3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of any park improvcmcnts to meet minimum development standards or conditions of approval shall comply with Chapter l 8.74, BMC. The final park plan shall be -9- 29 The Norton East Ranch Major Subdivision Findings of Fact and C)rder #P- 07047 reviewed and approvcd by the City Commission, with a recorn. medation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the inforn~ation listed in §18.78.060.P of this chapter. 4. Irrigation System As-Builts. The developer shall provided irrigatiansystem as-builts, for all irrigation installed in public rights-of--way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts shall. include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. s. Storrnwater Master Plan: A Storn~watcr Master Plan for this phase of the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized detention/retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and finished lot grades), typical stormwater dctention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the norn~al use and maintenance of the open space. Storrnwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located in easements within privately owned lots. While the runoff from the individual lots will be dependent on t11c intensity of use on each lot, the maximum sizing ofthe stone retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. t. Plans and specifications and a detailed design report for water and sewer main extensions, streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The Applicant shall 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 apre-construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth .Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of Section -10- 30 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 18.74.030.D of the Unified Development Ordinance are met to allow for concurrent construction. u. All infrastructure improvcmcnts including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvcmcnts shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvcmcnts have been made upon the lot. This condition shall be included on the final plat for the subdivision. v. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. w. The location of and distinction between existing and proposed scwcr and water mains and all casements shall be clearly and accurately depicted on the plans, as well as all nearby fire hydrants and proposed fire hydrants. x. Any easements needed for the water and scwcr main extensions shall be a minimum of 30 feet in width with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or scwcr mains are not located under or accessed from improved streets, a 1.2 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. y. Strcct names must be approved by the Gallatin County G1S office and City Engineering office prior to final plat approval. z. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. aa. The location of mailboxes shall be coordinated with the City Engineering Department prior io their installation. bb. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Arn-ty Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.c., 310, 404, Turbidity exemption., etc.) shall be obtained prior to plan and specification approval. c:c. If construction activities related to the project result in the disturbance ofmore than 1 acre of natural ground, an crosion/sedimenteontrol plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Storrnwatcr Discharge Permit is necessary. if a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. dd. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section l 8.74.020.A.1 of the Unified Developmet~i Ordinance. This shall be submitted as part of the fiinal site plan for site 31 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. ee. All construction activities shall comply with Section 18.74.020.A.2 of the Unified. Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall. be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. ff. Ditch relocation: 1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 31.0, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. D. Compliance with the required subdivision review process. The application was originally received October 5, 2007. The application was deemed unacceptable for initial review on October 17, 2007. The preliminary plat was resubmtted on October 17, 2007. On November 7, 2007 the application was deemed acceptable for initial review. On November 27, the application was deemed inadequate far continued review by the Development Review Committee. On December 4, 2007 the plat. was again resubmitted. On December 1.9, 2007 the application was decmcd adequate for continued review. The hearings before tlzc Planning Board and the City Commission have been properly noticed, as required in the Bozeman Municipal Code. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, December 2, 2007. The site was posted with a public notice on November 29, 2007. Notice was scut to adjacent property owners via. certified mail, and to other property owners of record within 200 feet of the subject property via. first class mail, on November 30, 2007. The subdivision staff report was drafted and forwarded with a recommcndatior~ of conditional approval to the Planning Board for consideration at its January 2, 2008, public hearing. The City Commission made a final decision at the January 22, 2008 public hearing. A final decision for a major subdivision from a tract of record had to be made within 60 working days of the date it was decmcd adequate or in this case by March 5, 2008. E. Provision of easements for the location. and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase. -12- ~~ The Norton Fast Ranch Major Subdivision. Findings of Fact and Order #P- 07Q47 F. Provision of legal and physical access to each parcel. The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as "open space" and for all streets/alleys if they are not dedicated to the public in order to comply with Section 18.44.090.B of the UDO. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, ifccrtain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of The Norton East Ranch Major Subdivision, be approved, subject to the following conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats 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 four (4) 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 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 applicant shall submit with the application far 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, anal shall include a digital copy (pdf) ofthe entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan., sheet, note, covenant, etc. in the submittal. -13- 33 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission the proposed parkland dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area. 4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu. 5. All dedicated park lands including linear parkways shall be titled "Public Park" on the f nal plat. Notes shall be included on the- plat describing ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association. and/or future Park Maintenance District, etc.). 6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvcmcnts within the park area as approved in the respective final park plan(s). This further implies that all streets adjacent to parkland for each phase of the major subdivision must be improved with said phase. 7. The Final Park Plan(s) shall include: a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvcmcnts not intended to be installed by the developer; b. The location of watercourse setbacks, wetland delineation, and wetland fringe; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with § 18.78.100 for all parkland areas including linear parkways; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The rcquircmcnt for a prcconstruction meeting prior to any site work, including boardwalks, bridges, and trails; f. Appropriate sections from the "Design Guidelines.for City of Bozemuri Parks' ; g. Cost estimate and installation responsibility for all improvements; h. A neighborhood gathering place (pavilion, community building, wetland interpretation and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition to the standard rcquircmcnt for boulevard street trees, irrigation, seeding, sidewalks, etc. -14- 34 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures. j. Parking area, design and construction. drawings showing compliance with adopted City standards including ADA parking and signage. 8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, desigta, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Codc. 10. A note shall. be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements far Lot 43, Block 14 have been met for 12 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a rrtaxitrum height of 4 feet, and shall be of an open construction designed in a t~~antaer to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the borne owner's association documents. 12. The subdivider shall provide a subdivision perimeter fencing plan to be implemetated prior to final plat. The plan shall include plans anal specifications to fence the perimeter of the project including the southern boundary of the right-of--way for Fallon Strcct, the north boundary of the right of way of W. Babcock Strcct, the west boundary of the right of way for Laurel Parkway. 13. Hard Luck Street shal I be extended cast to the east property boundary of the subdivision through Lot ] in order to provide adequate access to undeveloped land. 14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall either front onto those roadways and/or have double-front architectural features facing those roads as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple facade materials, varied facade plane, and decorative lighting. These architectural. requirements shall be addressed and demonstrated in the covenants/development guidelines. The homeowner's association documents shall also specify that a maximum 4' tall fence, with coordinated design detail, is permitted along the back of these lots. 15. All finished floor elevations be a minimum of 1 S inches above the top of the curb in front of the residence or building. This building restriction shall be addressed and demonstrated in the covenants/development guidelines. -15- 35 ---. The Norton East Ranch Major Subdivision Findings of Faet and Order #P- 07047 16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access from the street is allowed. This access restriction shall be addressed and demonstrated in the covenants/development guidelines. 17. Trees may not be located within 10 feet of sewer and wafer services. Scwcr and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Wafer/Sewer Superintendent. 1.8. Homeowner's association documents shall address the requirements for street trees, a City of Bozeman planting per-nit for street trees anal obtaining utility locates before any excavation. begins in the City of Bozeman right-of--way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare ofthe newly planted tree is visible and above ground, and there should be a mulch ring 3' -4' in diameter around cacti newly planted boulevard tree. 19. Street lighting, including pathway intcrscctian lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 20. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 21. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) anal the Bozeman ilistoric Preservation Oft7cc shall be contacted immediately and construction activities shall cease. 22. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction., the Montana Department ofFish, Wildlife and Parks and the Montana Natural Heritage Prngrarn shall be contacted immediately and construction activities shall cease. 23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full development. However, the wastewater output from the lift. station shall be limited to the amount allocated in the 1998 Valley West Sewer Report (192,81( gpd) until the trunk sewer main as shown in the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the City. Maintenance costs will be paid for by the homeowners by way of a. surcharge on their sewer bill. 24. Design of the lift station, including the building, will be reviewed and approved by the City Engineering and Water/Sewer Departments. The lift station shall include a SCADA system compatible with the City's existing system. The lift station shall also include backup power capable of running the entire station including all pumps. -16- 36 The Norton East Ranch Major Subdivision Findings of Fact and Urder #P- 07047 25. A master plan and the sanitary sewer main layout for the portion of the development west and south of Phase 1 shall be provided. if a sanitary sewer main and/or stubs are necessary in Laurel Parkway, from Fallon Street to West Babcock Street, they are to be provided in this phase. 2C. The lift station shall be located outside of the Baxter Creek 100 year lloodplain. 27. An all-weather access must be provided to the lift station. The access, lift station, and force main must tither be on separate lots dedicated to the city, or contained within easements. 28. Any air relief valves on the sewer force main shall be accessible by the City's flusher truck. This may require turnout(s) to be constructed at the location of the valves. 29. Any public street rights of way for which easements have been provided (i.c. Laurel Parkway) shall be dedicated to the City on the Final Plat for this subdivision. 30. Al] typical street sections, including sidewalk location within thcright-of--way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman ArE:a Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk may be combined into one facility that is ] 0 tt wide and constructed of concrete. The combined walk may vary from the standard location (i.c. meander), but at the furthest, shall be no more than 1 S ft from the right-of--way. 32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block. crossings. 33. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Fallon Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to local standard, as shown in the Greater Bozeman Area. Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Laurel Parkway and Wcst Babcock Street, along and within the property boundary, shall be unproved, as part of this development, to collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Strcct, along and within the property boundary, shall be improved, as part of this development, to local. standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and gutter, and sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 17- 37 The Norton East Ranch Major Subdivision Findings of Fact and Order #P- 07047 3S. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan. The applicant is advised the remaining half of this facility along the entire length of the dcvelopment, from West Babcock Street to Fallon Street, would be required to be constructed prior to issuance of any building permits for the development. 36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 anal 122, Block 2, and at Lots ] 18 and 119, Block 2, that lines up with the respective alley to the south. 37. A 1 foot no access casement shall be shown on the final plat along the entire frontage of West Babcock Street and Laurel Parkway. 38. The driving surface on the alley typical section. shall be a minimum of l6 ft wide. 39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs. 40. All rctcntion/detention ponds shown within the right-of way shall be relocated outside of the right-of--way and a temporary or permanent storm drainage easement provided. 41. The E-W grcenway trail along Wayward West shall be a 10' or 12' meandering concrete shared use path in lice of sidewalk. 42. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and limiting the use of rock in the bottom of the basins. 43. The boardwalk trail through the north end of wetland W-S and the two viewing platforms shall be constructed at least 24 inches above the ground surface to preserve the wetland vegetation. 44. Place educational placards along the boardwalk and on the viewing platforms 4S. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction of any platforms or boardwalks. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of this subdivision shall be effective for two years from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Unified Development Ordinance. DATED this 3r`~ day of March, 2008. -18- 38 The Norton East Ranch Major Subdivision Findings of Fact and Urder #P- 07047 BOZEMAN CITY COMMISSION KAAREN JACOBSON, Mayor ATTEST: APPROVEI7~SlTO FORM: f ~~ ~ A Y ME AUL J. L City City Attq~ -19- 39