HomeMy WebLinkAboutFindings of Fact and Order for preliminary plat of Norton East Ranch Major Subdivision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Norton East Ranch Subdivision #P-07047 Findings of Fact
MEETING DATE: March 3, 2008
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of the Norton East Ranch Major Subdivision.
BACKGROUND: On January 22, 2008, the City Commission held a public hearing on an application
for preliminary approval of the Norton East Ranch Major Subdivision. The Commission approved the
proposed subdivision, subject to conditions to ensure the final plat would comply with all applicable
regulations and all required criteria. State law provides that the governing body shall “provide a written
statement to the applicant detailing the circumstances of the condition imposition.” The statement must
include 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. Attached to this memo is
the Findings of Fact and Order to serve as the Commission’s statutorily required written statement.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any
questions prior to the meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Proposed Findings of Fact for the Norton East Ranch Major Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF
NORTON PROPERTIES LLC, AND NORTON
DEVELOPMENT LLC., REPRESENTED BY BIG 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 for a 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.
It 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
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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 ¼ of the SW ¼ and the NW ¼ of
the SE ¼ , of Section 9, T2S, R5E, P.M.M., Gallatin County, Montana. The property is annexed with
a zoning designation of R-4 (Residential High Density District).
The application was originally received October 5, 2007. The application was deemed
unacceptable for initial review on October 17, 2007. The preliminary plat was resubmitted on
October 17, 2007. On November 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 review.
II.
The comments of the Development Review Committee, Wetlands Review 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 November 30, 2007.
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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 Huffine 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 of 6-0.
IV.
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
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1. Effects on Agriculture.
The property has been previously annexed and, while a significant portion has remained
under cultivation, has been zoned 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
area 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 certification 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 the 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 must 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 accommodate this
development. This includes improvements of West Babcock Street, Fallon Street, Laurel
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Parkway, and Cottonwood Road as analyzed in the Traffic Impact Study (TIS) completed for
this project by Engineering, Inc.
The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings. No building
permits (except the lift station) will be issued prior to substantial completion and City
acceptance of required street infrastructure improvements (with the exception of sidewalks).
Stormwater. The standard requirement for 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 are 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 required with this major subdivision The dedicated park areas
proposed are the neighborhood center (1.00 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 (1.1 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 east of the 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 @ 2,700 square feet
and 5 attached single family @ 2,500 square feet). With the workforce credit applied the
applicant is providing 9.38 acres of parkland and is required 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: onsite, offsite, or cash in lieu.
The Recreation and Parks Advisory Board reviewed the proposal on November 30, 2007 and
generally recommends approval of the parks master plan. The RPAB recommends that the
applicant provide a 10’ meandering concrete shared use path along Wayward West in lieu 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 for completion.
Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the
subdivision location. Private utilities are in the vicinity, but extensions will be needed. The
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preliminary plat shows utility easements being provided 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 re-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 Weed 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 Permits 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 Office 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 project, the State Historical Preservation Office
(SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and
construction activities shall cease.
5. Effects on Wildlife and Wildlife Habitat.
According to the preliminary wildlife assessment there are no known endangered species or
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
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Montana Natural Heritage Program, be discovered on-site during construction, the Montana
Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be
contacted immediately 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 determined 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.1.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. 18.44.010.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 at
the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
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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.L “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 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 of the plan shall be submitted to the Planning Office 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.
j. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’
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, stormwater facilities, public trails, snow removal, and other areas common to the
association pursuant to Chapter 18.72 of the Bozeman Municipal Code.
1. These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational areas,
stormwater 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. These 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 of the plan shall be submitted to the
Planning Office 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.
l. Pursuant to Section 18.06.040.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
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single-phased major subdivisions and three years for multi-phased major subdivisions. Prior
to that 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. Per 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
property line.
n. Per Section 18.42.120, 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-of-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 plan 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 intent 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 of all
improvements, 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.C states that a Memorandum of Understanding shall be entered
into by the Weed 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 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 stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3½-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 improvements to meet minimum development standards or
conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be
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reviewed and approved by the City Commission, with a recommendation from the Bozeman
Recreation and Parks Advisory Board. The final park plan shall include all of the
information listed in §18.78.060.P of this chapter.
4. Irrigation System As-Builts. The developer shall provided irrigation system 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. Stormwater Master Plan:
A Stormwater 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 detention/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 normal use and maintenance of the open space. Stormwater 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 the intensity of use on each
lot, the maximum sizing of the storm 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 a pre-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
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18.74.030.D of the Unified Development Ordinance are met to allow for concurrent
construction.
u. All infrastructure improvements 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 improvements 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 improvements 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 sewer and water mains and all
easements 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 sewer 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
sewer mains are not located under or accessed from improved streets, a 12 foot wide all
weather access drive shall be constructed above the utilities to provide necessary access.
y. Street names must be approved by the Gallatin County GIS 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
to their installation.
bb. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to plan and specification approval.
cc. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department
of Environmental Quality may need to be contacted by the Applicant to determine if a
Stormwater 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 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
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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., 310, 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 resubmitted
on October 17, 2007. On November 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
review.
The hearings before the 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 sent 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 recommendation 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 deemed 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.
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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, if certain 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 for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire
Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
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3. 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 final 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 improvements 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 improvements
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 requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman 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 requirement for boulevard street trees, irrigation, seeding, sidewalks,
etc.
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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, design, 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 Code.
10. A note shall be included on the plat for all multi family lots describing park dedication
allowances; e.g. park dedication requirements for 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 maximum height of 4 feet, and shall be of an open construction
designed in a manner 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
home owner’s association documents.
12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to
final plat. The plan shall include plans and specifications to fence the perimeter of the project
including the southern boundary of the right-of-way for Fallon Street, the north boundary of the
right of way of W. Babcock Street, the west boundary of the right of way for Laurel Parkway.
13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through
Lot 1 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 façade materials, varied façade 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 18 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.
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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 water services. Sewer and water services
shall be shown on the landscaping plan of the park and open space plan, and approved by the
Water/Sewer Superintendent.
18. Homeowner’s association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and 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 of the
newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in
diameter around each newly planted boulevard tree.
19. Street lighting, including pathway intersection 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) and the Bozeman
Historic Preservation Office 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 of Fish, Wildlife and Parks and
the Montana Natural Heritage Program 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 (192,816 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.
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25. A master plan and the sanitary sewer main layout for the portion of the development west and
south of Phase I 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.
26. The lift station shall be located outside of the Baxter Creek 100 year floodplain.
27. An all-weather access must be provided to the lift station. The access, lift station, and force
main must either 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.e. Laurel Parkway)
shall be dedicated to the City on the Final Plat for this subdivision.
30. All typical street sections, including sidewalk location within the right-of-way and provisions for
bicyclists shall be in conformance with the street standards recommended in the Greater
Bozeman Area 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 10 ft wide and constructed of concrete. The
combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be
no more than 15 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 West
Babcock Street, along and within the property boundary, shall be improved, as part of this
development, to collector standard as shown in the Greater Bozeman Area Transportation Plan
2001 Update. Fallon Street, 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.
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35. 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 development, 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 and 122, Block 2, and
at Lots 118 and 119, Block 2, that lines up with the respective alley to the south.
37. A 1 foot no access easement 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 16 ft wide.
39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and
signs.
40. All retention/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 greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared
use path in lieu 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-5 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
45. 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 3rd day of March, 2008.
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BOZEMAN CITY COMMISSION
______________________________
KAAREN JACOBSON, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
STACY ULMEN PAUL J. LUWE
City Clerk City Attorney
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