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HomeMy WebLinkAboutNorton East Ranch Major Subdivision, Phase 3 Preliminary Plat_15Page 1 of 24 P14037, Staff Report for the NORTON EAST RANCH MAJOR SUBDIVISION, PHASE 3 PRELIMINARY PLAT NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED. Date: Planning Board meeting is on September 2, 2014 City Commission meeting is on September 22, 2014 Item: The Norton East Ranch Major Subdivision Phase 3, Preliminary Plat is for the subdivision of approximately 119.90 acres into 104 single-household residential, 6 townhouse residential, 2 restricted development lots, and the remaining area as streets, common open space, and parkland. Project Location: The property is located in the Northeast Quarter of the Southwest Quarter of section 9, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The subject property is generally located west of Laurel Parkway and south of West Babcock Street. Recommendation: Approval with conditions Recommended Motion: Recommended Motion for Preliminary Plat: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P14037 and move to approve the preliminary plat for the Norton East Ranch Major Subdivision, Phase 3 with the recommended conditions in Planning Board Resolution P14037.” Report Date: Tuesday, September 16, 2014 Staff Contact: Brian Krueger, Development Review Manager Agenda Item Type: Action (Quasi-judicial) Unresolved Issues The Planning Board discussed two items at the public hearing on September 2, 2014 that are highlighted for Commission consideration: 1) Public comment from four adjoining property owners on the west side of the subdivision requested that West Babcock Street not be constructed to the western property boundary of the subdivision as they believe it will have negative impacts on their properties which are held in conservation easements. The extension of West Babcock Street to the western property boundary is shown in the approved Norton East Ranch Master Plan that was required by the City Commission during the annexation of the Norton Properties in 2007. The Planning Board 175 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 2 of 24 expressed their general support for not improving the street west of proposed Street A, until such time West Babcock is extended west. The right-of way for West Babcock Street was granted at the time of annexation and extends to the western property boundary. The City Commission has purview over the timing of subdivision improvements and could direct the property owner to not extend West Babcock Street to the west at this time. If that were to occur, the only unresolved issue moving forward would be who would pay to extend West Babcock Street from Street A to the west property boundary in the future if West Babcock Street is extended to the West. If the Commission would like to not require the applicant to construct West Babcock Street to the west property boundary a motion to add a new condition to terminate the construction of West Babcock Street at the western edge of Street A would be required. 2) The application proposes a 30’ wide east/west linear park with a 10’ wide bike and pedestrian pathway along the south side of Street E to connect the buffer parkland along the western property boundary to the subdivision neighborhood center at the southeast corner of the intersection of Laurel Parkway and West Babcock Street. The Recreation and Parks Advisory Board Subdivision Committee endorsed the idea of this connection during the subdivision pre- application stage as a 30’wide open space corridor and not parkland. The applicant proposes the corridor as linear parkland and the Subdivision Committee recommends the corridor be included in the subdivision design as open space to be owned and maintained by the property owner’s association in lieu of parkland. The Planning Board recommended adding an alternative to the condition to either provide the 30’ wide corridor as open space or to eliminate it and provide a standard local street section with a 5’ wide sidewalk and boulevard planting strip along the south side of Street E. If the Commission would like to accept this corridor as City parkland a motion to eliminate condition number 11 would be required. Project Summary The project proposes a three phase subdivision to subdivide approximately 119.90 acres into 104 single-household residential, 6 townhouse residential, 2 restricted development lots, and the remaining area as streets, common open space, and parkland on property generally located west of Laurel Parkway and south of West Babcock Street. The proposed preliminary plat is consistent with the approved Norton East Ranch Master Plan that was required by a term of annexation and the City Commission during the annexation of the Norton Properties in 2007 see map in Section 1 here. The proposed preliminary plat is consistent with the street layout and configuration to extend West Babcock Street to the western property boundary and to provide a buffer parkland area and a local street adjacent to the west property boundary. The properties to the west are under County jurisdiction and are encumbered by a conservation easement that restricts further development rights. The Development Review Committee recommended conditional approval of the preliminary plat with the conditions and code provisions identified in this report on August 6, 2014. The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on August 8, 2014 and recommended conditional approval. 176 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 3 of 24 Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable subdivision criteria contained within the staff report; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. Planning Board: The Planning Board conducted their public hearing on September 2, 2014. There were four members of public who provided comment. The public comment was from the four owners of the adjacent properties encumbered by conservation easements. The primary comments provided were in regards to the high groundwater in the area, support of the buffer parkland, a request that West Babcock Street not be extended to the western property boundary, and that the City require the applicant to construct a new fence along the western property boundary. The Planning Board considered each of the public comments. The Planning Board moved to modify Condition 11 related to the proposed east west linear parkland along Street E to add an alternative to either provide the 30’ wide corridor as open space or to eliminate it and provide a standard local street section with a 5’ wide sidewalk and boulevard planting strip along the south side of Street E. They also recommended approval of the subdivision as a whole. The vote was 7-1 with one member of the Planning Board not in favor of the subdivision. The minutes from this meeting are attached to this report. TABLE OF CONTENTS Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 Planning Board: .................................................................................................................. 3 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 12 SECTION 5 - STAFF ANALYSIS............................................................................................... 13 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13 Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 14 177 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 4 of 24 Preliminary Plat Supplements ........................................................................................... 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 21 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 22 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23 FISCAL EFFECTS ....................................................................................................................... 23 ATTACHMENTS ......................................................................................................................... 23 178 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 5 of 24 SECTION 1 - MAP SERIES Vicinity Map – 2012 Aerial Photo with Zoning 179 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 6 of 24 Norton East Ranch Master Plan Map adopted by the City Commission at Annexation of the Norton East Ranch Properties 2007 180 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 7 of 24 Proposed Preliminary Plat 104 Single Household Lots, Six Townhouse Lots. 181 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 8 of 24 Proposed Preliminary Plat showing Restricted Development Lots R1 and R2 and Neighborhood Center. 182 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 9 of 24 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the minimum standards in order to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. The applicant must comply with all provisions of the Bozeman Municipal Code which are applicable to this project. Recommended Conditions of Approval: Community Development Department: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The subdivider shall provide the necessary declaration, and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions include this property as being annexed into the existing Norton East Ranch property owners association. 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC shall be provided with the final plat. A table showing the parkland requirements for the Norton East Ranch, Phase 3 subdivision and the method of meeting the 183 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 10 of 24 parkland dedication for each lot in this subdivision shall be included on the conditions of approval sheet of the final plat as document acceptable to the City of Bozeman. 6. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 7. Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6, BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lots until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 8. The final plat shall contain the following language in a plat note to be placed on the conditions of approval sheet, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with crawlspaces, full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” Engineering Division: 9. All phases of the subdivision shall be supplied by 2 separate water mains. 184 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 11 of 24 10. The improvements required to provide an acceptable level of service at the intersection of Cottonwood and Durston shall be installed or financially guaranteed prior to filing of the final plat, and installed and accepted prior to issuance of building permits. Recreation and Parks Advisory Board: 11. The proposed linear park 1-5 shall not be accepted as dedicated City Parkland, but shall be Common Open space owned and maintained by the Property Owner’s Association or converted to meet the applicable City local street section. 12. All proposed parkland shall be dedicated with phase 1 of the subdivision, with the corresponding improvements completed with each phase in the required amount to support the number of dwelling units in each phase. A phasing plan consistent with this condition shall be included in the parks master plan. 13. The parks master plan shall include a landscape plan for the proposed improvements to the one acre neighborhood center public park located at the southeast corner of West Babcock Street and Laurel Parkway. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS 1. Section 38.24.080.BMC requires that City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications shall apply. The developer shall install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. The proposed asphalt pathway in Linear Park 2-6 is not consistent with this code section. The pathway shall be of a concrete section in accordance with city design standards and specifications. 185 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 12 of 24 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Norton East Ranch Major Subdivision Phase 3 Preliminary Plat File: P14037 Development Review Committee The Development Review Committee (DRC) reviewed the Preliminary Plat application on July 16, 23, 30, and August 6, 2014 and as a result, finds that the application, with conditions, is in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act and the Unified Development Code. The DRC recommended conditional approval of the preliminary plat application with conditions. Recreation and Parks Advisory Board, Subdivision Committee The Recreation and Parks Advisory Board (RPAB) Subdivision Committee reviewed the Preliminary Plat application and Parks Plan and proposed improvements to parkland on August 8, 2014. The RPAB committee supported the continued development of the Norton East Ranch Subdivision and recommended approval of the subdivision and parks improvements with conditions. Planning Board The Planning Board held a public hearing on the application on September 2, 2014. Four members of the public provided public comment. The Planning Board voted 7-1 to recommend conditional approval of the application with the conditions provided in Planning Board Resolution P14037. One written public comment exhibit was submitted at the meeting and is attached to this report. The meeting minutes are attached. City Commission The City Commission is scheduled to hold a public hearing and review the preliminary plat on September 22, 2014. 186 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 13 of 24 SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. This analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project, prior to receiving final plat approval. 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. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition no. 1, the final plat must comply with State statute and the Bozeman Municipal Code including the newly adopted ARM’s from the State. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a Resolution to the City Commission who will make the final decision on the applicant’s request. 187 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 14 of 24 4) Compliance with Chapter 38, BMC and other relevant regulations Based upon the review of the DRC, all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under item number 2 above and as required under Section 38.23.060.A BMC, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to adjacent perimeter streets meeting minimum standards. Vehicular access to each lot is proposed via curb cuts to perimeter streets. Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Staff, the DRC and other applicable review agencies have made comments in relation to those and other criteria as described below, and have recommended conditions of approval as outlined at the beginning of this staff report. 1) The effect on agriculture The subject property is designated as Residential according to the City of Bozeman Community Plan. The subject property is zoned for residential development. The property is in temporary agricultural production in anticipation of development, but the overall unit size is too small for long term viable production. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities There are no changes or impacts identified to agricultural water user facilities located on the subject property. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. The applicant has provided the necessary water and sewer design report for review by the City Water/Sewer and Engineering Departments. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review by the City Engineering Department, Superintendent of Water/Sewer, and Montana Department of 188 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 15 of 24 Environmental Quality. This subdivision requires an extension to the City sewer and water services. This subdivision is currently a “peninsula” of the City extending westward and does not have connectivity to the north or to the south to provide redundancy in service distribution and collection, the Engineering Division recommends a condition to require a minimum of two separate water mains for redundancy as the subdivision phasing develops. Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. The proposed subdivision is bound by West Babcock Street (collector) to the north, Street A (local) to the west, May Fly Street (local) to the south and Laurel Parkway (collector) to the east. Laurel Parkway is being improved as part of Norton East Ranch phase 2A. The proposed subdivision improvements for phase 3 will include the installation of the westerly extension of West Babcock Street and seven local streets to be constructed to current City design standards. One alley is proposed to provide vehicular access to Lots 1-6 in Block 2 as no access to Laurel Parkway is allowed per access spacing requirements for collector streets. There are no new intersections with the surrounding major street network proposed with this subdivision. The ownership and maintenance of all streets will be accepted by the City of Bozeman. A traffic impact study was completed by Abelin Traffic Services and was included in the applicant’s submittal materials. The traffic impact study stated that “As proposed, the Norton East Ranch Subdivision Phase II will not create any roadway capacity problems along Cottonwood Road. The planned road improvements in this area by the City of Bozeman will provide sufficient capacity to serve the currently platted developments in this area. No additional roadway improvement sill be necessary to serve Phase III of the Norton East Ranch project.” The City is scheduled to construct improvements to Cottonwood Road during years 2015 and/or 2016. Until such time the improvements are constructed, the Engineering Division recommends a condition of approval to require that improvements to provide an acceptable level of service at the intersection of Cottonwood and Durston shall be installed or financially guaranteed prior to filing of the final plat, and installed and accepted prior to issuance of building permits. Stormwater – The applicant submitted a preliminary design report for stormwater management for review by the City Engineering Division. Surface runoff will be controlled by channeling flows into a retention area. The retention pond will limit runoff to the predevelopment rates and allow for percolation and aquifer recharge. The retention basin will filter sediments and oil reducing the potential for contamination of down gradient aquifers. 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 prior to final plat approval. 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 the final plat to facilitate emergency response to the site. 189 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 16 of 24 Parklands – The parkland dedication requirements for this subdivision will be satisfied with public parklands dedicated with the filing of final plat and the required site improvements. At 0.03 acres of dedicated parkland per dwelling unit, the calculated parkland dedication with this preliminary plat application would be 3.3 acres. The proposed parkland to be dedicated and improved with this subdivision includes Park 1 (Buffer park) 74,598 square feet, Public Park (Phase IIA SE corner of Babcock and Laurel Parkway) 43,325 square feet, and Linear Parks 2-6 23,084 square feet or a total of 3.23 acres. A excess parkland balance from Norton East Ranch Phases 1-2A exists of 2.45 acres. A parks master plan is proposed and is required to be finalized and reviewed by the Recreation and Parks Advisory Board(RPAB) and the City Commission prior to final plat. The RPAB recommends conditions to not accept the Linear Parks 2-6 as dedicated City parkland due to size, maintenance requirements, and potential encroachment issues with adjacent lots; to add a landscape plan for the neighborhood center to the Parks Master Plan; and to provide all parkland dedication with phase 1 and the corresponding parkland improvements to support the density of each phase in order to provide compliance with the Norton East Ranch Master Plan and code requirements. 4) The effect on the Natural environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. No surface water exists within the boundary of phase 3. Aaijker Creek, a perennial stream, is located to the west of the property boundary. No wetland areas were identified within the boundary of phase 3. Phase 3 is not located within a floodplain. The applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Control District that is current as of January 22, 2014. High groundwater was identified in all soil test pits within phase 3, the consulting engineer recommends groundwater mitigation systems for all subterranean foundation construction for dwellings. Staff recommends a condition to require a final plat notation that reads “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with crawlspaces, full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 5) The effect on Wildlife and wildlife habitat No known endangered species or critical game ranges have been identified on the subject property. This area of the City has been identified and developed for urban purposes in a location of the City where no physical features, established vegetation, or habitat exist, which reduces the potential for development of any wildlife habitat. 190 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 17 of 24 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a result, the DRC and Department of Community Development have reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on April 9, 2014. With the pre-application plan review application, no waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water No surface water exists within the boundary of phase 3. Aaijker Creek, a perennial stream, is located to the west of the property boundary. No wetland areas were identified within the boundary of phase 3. There is a 50 foot watercourse setback along Aaijker Creek that in places crosses the west property boundary and is located on the linear buffer park. No existing water bodies are proposed to be altered with this subdivision. 38.41.060.A.2 Floodplains Phase 3 is not located in a floodplain. 38.41.060.A.3 Groundwater Depth to groundwater was measured in different locations on the property in June of 2014. The depth to groundwater was between 4 to 10 feet from the surface. As discussed in the report the fluctuations of groundwater depth can be attributed to the season, irrigation and land use. Due to shallow groundwater elevations dewatering for all utilities and foundation construction will likely be required. The consulting engineer recommends groundwater mitigation systems for all subterranean foundation construction for dwellings. Staff recommends a condition to require a final plat notation that reads “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with crawlspaces, full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” Installation of municipal water and sanitary sewer services will greatly reduce any concerns regarding the potential of groundwater degradation. 191 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 18 of 24 38.41.060.A.4 Geology, Soils and Slopes The site is located on the Bozeman alluvial fan complex. The soils include fine to coarse grained sediments sandy soils, with gravels and topped with rich topsoil are predominant. There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade are evident. Other than high groundwater and the need to dewater areas for utility installation addressed in the previous supplement, there does not appear to be anything in the geotechnical report that indicates any geologic hazards. The Building Department will require a soils report for each lot prior to approving a building permit. 38.41.060.A.5 Vegetation The site is noted on the NRCS soils and vegetation map as Shallow to Gravel, Sub–Irrigated, and Wet Meadow. The area receives 15 to 19 inches of annual precipitation. The property is currently planted in barley. No critical plant communities have been identified. The applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Control District that is current as of January 22, 2014. 38.41.060.A.6 Wildlife Due to the agricultural history of the property and limited mature vegetation in the area, any potential impacts to wildlife and wildlife habitat are limited to small mammals and ground nesting birds, but also larger mammals such as deer frequent the property. No known endangered species or critical game ranges have been identified in the area. The 50-foot watercourse setback along the existing watercourse will protect any riparian environment already established on the adjacent property. Montana Fish Wildlife and Parks was contacted regarding the subdivision and they responded with comment regarding stormwater runoff entering perennial streams. The concern is addressed with the stormwater design report that provides a design that channels runoff into a retention basin that is located no closer than 50 feet to any watercourse.. 38.41.060.A.7 Historical Features The State Historic Preservation Office (SHPO) has determined that no historical features exist on the subject property. Any artifacts or historical features discovered during construction should be preserved and the City and SHPO shall be contacted prior to continued construction. 38.41.060.A.8 Agriculture The 119 acre phase 3 subdivision consists of approximately 160 acres in planted barley and vacant cropland. Due to fractured ownership of the surrounding properties and adjacent development the site is no longer considered a viable farm unit. The adopted Growth Policy identifies this property as Residential. The City Commission approved the residential zoning on the property with the annexation. The zoning designations and adopted Growth Policy do not contemplate agricultural uses for this property. The property to the west of the subdivision is in 192 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 19 of 24 agricultural production and within a conservation easement. A buffer park and street is provided per the approved Norton East Ranch master plan to provide separation of the uses. 38.41.060.A.9 Agricultural Water User Facilities There are no agricultural water user facilities on the subject property. 38.41.060.A.10 Water and Sewer Adequate capacity exists to service the subdivision. Municipal water and sewer mains exist in the adjacent street right-of-ways. The applicant has provided the necessary water and sewer design report for review by the City Water/Sewer and Engineering Divisions. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review by the City Engineering Division, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management The property generally slopes from south to north, curb and gutter will convey stormwater from the street network to a temporary stormwater retention pond located in the northwest corner of the property. An easement will be provided to accommodate access and maintenance of the facility. Final approval of the stormwater system will be obtained through the City Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys Access to phase 3 will be provided from West Babcock Street and Laurel Parkway. The proposed subdivision is bound by West Babcock Street (collector) to the north, Street A (local) to the west, May Fly Street (local) to the south and Laurel Parkway (collector) to the east. Laurel Parkway is being improved as part of Norton East Ranch phase 2A. The proposed subdivision improvements for phase 3 will include the installation of the westerly extension of West Babcock Street and seven local streets to be constructed to current City design standards. One alley is proposed to provide vehicular access to Lots 1-6 in Block 2 as no access to Laurel Parkway is allowed per access spacing requirements for collector streets. There are no new intersections with the surrounding major street network proposed with this subdivision. The ownership and maintenance of all streets will be accepted by the City of Bozeman. A traffic impact study was completed by Abelin Traffic Services and was included in the applicant’s submittal materials. The traffic impact study stated that “As proposed, the Norton East Ranch Subdivision Phase II will not create any roadway capacity problems along Cottonwood Road. The planned road improvements in this area by the City of Bozeman will provide sufficient capacity to serve the currently platted developments in this area. No additional roadway improvement sill be necessary to serve Phase III of the Norton East Ranch project.” A combination of five and six foot sidewalks are proposed within the development and around the perimeter of the subdivision. All sidewalks adjacent to parks and arterial streets will be six 193 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 20 of 24 foot wide, while all other sidewalks will be five foot wide. An asphalt pathway is proposed in Linear Parks 2-6 in lieu of a sidewalk. Per Section 38.24.080 BMC, all street frontages including park frontages and open space shall include a concrete sidewalk. The Recreation and Parks Advisory Board recommends that this proposed linear park not be accepted as Parkland. A condition is recommended to not accept the dedication of the linear park. Staff recommends an additional condition to require that the pathway be constructed as concrete to satisfy code requirements, whether the Commission determines that is area be dedicated as a linear park or that it be platted as common open space area to facilitate connectivity between parks. Final approval of the sidewalk improvement plans will be obtained through the City Engineering Department. 38.41.060.A.13 Utilities The gas, electric, phone and fiber optic services will be extended into the subdivision from the existing internal and perimeter streets. All private utilities servicing the subdivision will be installed underground. The standard utility easements have been provided with the preliminary plat. The final plat includes the easement notation required with the Certificate of Dedication as set forth in the Unified Development Code. All utilities will be required to coordinate their installation and location with the installation of the infrastructure. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. 38.41.060.A.14 Educational Facilities The applicant solicited comments from the Bozeman School District and received a letter confirming that the Bozeman school District could accommodate the new students anticipated to come from this subdivision. The subdivision is in the Meadowlark Elementary School, Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use The 110 lot subdivision is planned for single household and limited towhouse residential uses as allowed in the underlying R-3 (Medium Density Residential) zoning district. 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision will be satisfied with public parklands dedicated with the filing of final plat and the required site improvements. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be 3.3 acres. The proposed parkland to be dedicated and improved with this subdivision includes Park 1 (Buffer park) 74,598 square feet, Public Park (Phase IIA SE corner of Babcock and Laurel Parkway) 43,325 square feet, and Linear Parks 2-6 23,084 square feet or a total of 3.23 acres. A excess parkland balance from Norton East Ranch Phases 1-2A exists of 2.45 acres. A parks master plan is proposed and is required to be finalized and reviewed by the Recreation and Parks Advisory Board(RPAB) and the City Commission prior to final plat. The 194 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 21 of 24 RPAB recommends conditions to not accept the Linear Parks 2-6 as dedicated City parkland, to add a landscape plan for the neighborhood center to the Parks Master Plan, and to provide all parkland dedication with phase 1 and the corresponding parkland improvements to support the density of each phase. 38.41.060.A.17 Neighborhood Center Plan The dedicated parkland at the south east corner of West Babcock Street and Laurel Parkway is proposed to be improved to satisfy neighborhood center requirements for this subdivision. The platted location of the park generally does meet the criteria detailed in Section 38.23.020.A BMC: the geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along 100% of its perimeter unless otherwise approved. 38.41.060.A.18 Lighting Plan Street lights are proposed around the perimeter of the subdivision. Internally, street lights are being proposed at all intersections in accordance with the City of Bozeman Design Standards and Specifications Policy. Final approval of the lighting system will be obtained through the City Engineering Division at infrastructure plan review. 38.41.060.A.19 Miscellaneous There are no public lands other than parkland within 200 feet of the subdivision or any health or hazards on site or adjacent to the subject property. 38.41.060.A.20 Affordable Housing The Workforce Housing Ordinance (Ordinance 1710) requirements have been suspended by the City Commission. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. This designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. 195 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 22 of 24 The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The Norton East Ranch Major Subdivision Phase 3, Preliminary Plat is for the subdivision of approximately 119.90 acres into 104 single-household residential, 6 townhouse residential, 2 restricted development lots, and the remaining area as streets, common open space, and parkland. Project Background The Norton East Ranch property was annexed into the city limits in 2007. At the time of annexation and within the annexation agreement the City Commission required the Norton East Ranch ownership to develop a master plan to guide future development, provided in Section 1 Map Series. The primary components of the master plan were to identify parkland areas, the generalized primary street grid layout, and extension of appropriate City streets to the west property boundary, and to provide a buffer design to separate the subdivision development from agricultural property within a conservation easement to the west. This is the overall fourth phase of the Norton East Ranch Subdivision to be platted. The previous Norton East Ranch Subdivision located east of Laurel Parkway received preliminary plat approval in 2007 and three phases were final platted prior to the expiration of the preliminary plat: phases 1, 2, and 2A. This subdivision is proposed as phase 3. The Norton East Ranch Subdivisions are managed by a master property owner’s association who maintain the parkland and open spaces. APPENDIX C – NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on January 21, 2014. The pre-application was reviewed by the Development Review Committee (DRC) on February 5, April 2, and April 9, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. 196 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 23 of 24 A complete preliminary plat application was submitted on July 2, 2014 and deemed acceptable for initial review on July 10, 2014. The preliminary plat was reviewed by the DRC on July 16, 23, 30, and August 6, 2014 the DRC reviewed the application materials and provided a favorable recommendation on the application to the Planning Board and City Commission. The application was deemed adequate for continued review on July 30, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 10, 2014. The site was posted with a public notice on August 7, 2014. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on August 7, 2014. No written public comment has been received on the application as of the writing of this staff report. On August 28, 2014 this major subdivision staff report was drafted and forwarded to the Planning Board with a recommendation of conditional approval. The Planning Board held a public hearing on the application on September 2, 2014. Four members of the public provided public comment. The Planning Board voted 7-1 to recommend conditional approval of the application with the conditions provided in Planning Board Resolution P14037. The meeting minutes are attached. The City Commission is scheduled to review the preliminary plat and conduct a public hearing on September 22, 2014. The final decision for a Major Subdivision with fifty or more lots must be made within 80 working days of the date it was deemed adequate or in this case by November 20, 2014. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Norton Properties, LLC, 63020 NE Lower Meadow Rd., Ste A, Bend, OR 97702 Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718. Report By: Brian Krueger, Development Review Manager Bob Murray, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 1. Public Comment Exhibit Submitted at the Planning Board Meeting 9-2-14 2. Recreation and Parks Advisory Board Subdivision Review Committee Memo 3. Applicant’s submittal materials 197 P14037, Staff Report NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 24 of 24 4. Planning Board Resolution P14037 Draft 5. Planning Board Meeting Minutes 9-2-14 198 199 200 201 202 203 204 205 206 Preliminary Plat Application and Preliminary Plat Supplemental Information Norton East Ranch Subdivision, Phase 3 Bozeman, Montana Owner and Developer: Norton Properties, LLC 63020 NE Lower Meadow Rd. Ste. A Bend, OR 97702 Prepared By: June 2014 Project: 14300 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 Norton East Ranch Major Subdivision, Phase 3 RESOLUTION P14037 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE APPROXIMATELY 119.90 ACRES INTO 104 SINGLE-HOUSEHOLD RESIDENTIAL, 6 TOWNHOUSE RESIDENTIAL, 2 RESTRICTED DEVELOPMENT LOTS, AND THE REMAINING AREA AS STREETS, COMMON OPEN SPACE, AND PARKLAND ON PROPERTY LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP TWO SOUTH (T2S), RANGE FIVE EAST (R5E), P.M.M., GALLATIN COUNTY, MONTANA AND GENERALLY LOCATED WEST OF LAUREL PARKWAY AND SOUTH OF WEST BABCOCK STREET. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner and applicant Norton Properties, LLC represented by C & H Engineering and Surveying, Inc., submitted a Major Subdivision Preliminary Plat Application to subdivide approximately 119.90 acres into 104 single-household residential, 6 townhouse residential, 2 restricted development lots, and the remaining area as streets, common open space, and parkland on property is located in the Northeast Quarter of the Southwest Quarter of section 9, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana and generally located west of Laurel Parkway and south of West Babcock Street; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03 of the Bozeman Unified Development Code; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, September 2, 2014, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, four members of the general public provided oral testimony on the matter of the preliminary plat application regarding how the subdivision will interact and impact the existing conservation easements due west of the subject property and a request to not construct West Babcock Street to the western property boundary; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application in regards to the Norton East Master Plan that was approved by the City Commission as a term of Annexation, the extension of West Babcock Street to the western property boundary, parkland requirements including a proposed east west linear parkway and parkland to provide a buffer from the conservation easements, street and lot access, perimeter fencing; and 1 475 Norton East Ranch Major Subdivision, Phase 3 WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the preliminary plat application with the recommended conditions of approval provided in the staff report; and WHEREAS, the City of Bozeman Planning Board moved to modify condition of approval 11, to allow conversion of the proposed linear parkway to be converted to meet the applicable City local street section; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P14037 and voted 8-0 to modify recommended condition of approval 11 as presented in the staff report, to allow conversion of the proposed linear parkway to meet the applicable City local street section and subsequently the Planning Board voted 7-1 to recommend approval of the preliminary plat application for the Norton East Ranch Major Subdivision, Phase 3 authorizing to subdivide approximately 119.90 acres into 104 single-household residential, 6 townhouse residential, 2 restricted development lots, and the remaining area as streets, common open space, and parkland on property is located in the Northeast Quarter of the Southwest Quarter of section 9, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana and generally located west of Laurel Parkway and south of West Babcock Street subject to the following conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The subdivider shall provide the necessary declaration, and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and 2 476 Norton East Ranch Major Subdivision, Phase 3 restrictions include this property as being annexed into the existing Norton East Ranch property owners association. 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC shall be provided with the final plat. A table showing the parkland requirements for the Norton East Ranch, Phase 3 subdivision and the method of meeting the parkland dedication for each lot in this subdivision shall be included on the conditions of approval sheet of the final plat as document acceptable to the City of Bozeman. 6. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 7. Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6, BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lots until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lots R1 and R2 of the Norton East Ranch Subdivision, Phase III, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 8. The final plat shall contain the following language in a plat note to be placed on the conditions of approval sheet, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with crawlspaces, full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 9. All phases of the subdivision shall be supplied by 2 separate water mains. 10. The improvements required to provide an acceptable level of service at the intersection of Cottonwood and Durston shall be installed or financially guaranteed prior to filing of the final plat, and installed and accepted prior to issuance of building permits. 3 477 Norton East Ranch Major Subdivision, Phase 3 11. The proposed linear park 1-5 shall not be accepted as dedicated City Parkland, but shall be Common Open space owned and maintained by the Property Owner’s Association or converted to meet the applicable City local street section. 12. All proposed parkland shall be dedicated with phase 1 of the subdivision, with the corresponding improvements completed with each phase in the required amount to support the number of dwelling units in each phase. A phasing plan consistent with this condition shall be included in the parks master plan. 13. The parks master plan shall include a landscape plan for the proposed improvements to the one acre neighborhood center public park located at the southeast corner of West Babcock Street and Laurel Parkway. DATED THIS DAY OF , 2014 Resolution P14037 _____________________________ ____________________________ Brian Krueger, Development Review Manager Trevor McSpadden, Chairperson Department of Community Development City of Bozeman Planning Board 4 478 MINUTES CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, SEPTEMBER 02, 2014 7:00 P.M. :01 sec ITEM 1. CALL TO ORDER AND ATTENDANCE BOARD MEMBERS: Jeff Krauss, Mayor Trevor McSpadden, Chairperson Laura Dornberger George Thompson Erik Garberg Julien Morice Paul Neubauer Jerry Pape – joined meeting at 8:12pm CITY STAFF: Brian Krueger, Planner Chris Kukulski, City Manager Ron Price, Chief of Police Karl Seel, Municipal Court Judge APPLICANT: Mike Balch, C&H Engineering MEMBERS OF THE PUBLIC: Al and Connie Lien Lyle Happel Logan Happel :18 secs ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.) No comment forthcoming. :43 secs ITEM 3. DRAFT MINUTES OF JULY 01, 2014 Motion and second to accept minutes. No discussion. Motion carries unanimously. 1:21minutes ITEM 4. PROJECT REVIEW 1. Norton East Ranch Major Subdivision Phase 3 Preliminary Plat Application P14037 A Subdivision Preliminary Plat Application requested by the property owner Norton Properties, LLC, 63020 NE Lower Meadow Rd., Ste A, Bend, OR 97702, represented by C&H Engineering 1 479 & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 to allow the subdivision of 119.90 acres into 104 single-household and six townhouse residential lots, and 2 restricted development lots that will be subject to further subdivision review in three phases with streets, parkland, and open space. The property is located in the Northeast Quarter of the Southwest Quarter of section 9, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The project is generally located west of Laurel Parkway and south of West Babcock Street.. (Krueger) 1:40 min Planner Krueger presented the staff report to the Planning Board. 18:26 min Planner Krueger completed his presentation and was available for questions. Mr. Garberg asked about the wording of conditions for open space and if the parkland condition could be amended by motion. Mr. Thompson asked if the developer is still “on the hook” for parkland since the proposed parkland has been recommended to be open space owned by the Homeowners’ Association. He believes that there is disincentive to provide any open space. He also asked if the mid-block crossings would be paved or grassy paths. 22:29 min President McSpadden closed questions for staff closed and opened for questions of the applicant. Mr. Balch, C&H Engineering addressed the Board. He stated they are fine with whatever decision is made regarding where Babcock ends. Mr. Neubauer stated he is confused by 119 acres being platted into 140 single house hold units, but the map shows the parcel is 30 acres and if the large park that has been dedicated, but not improved, will be ample park space for the true 112 acre completed subdivision. Also, is the north/south trail corridor on the Norton Ranch property and not in the conservation easement? Mayor Krauss asked how they are meeting their dedicated parkland requirements. Mr. Balch responded that dedicated parkland from previous phases combined with this phase meets the requirements. Mr. Neubauer asked about the eastern boundary lots of Ph 3 facing Laurel Parkway being alley- loaded. Ms. Dornberger asked whether the parkland will be improved and if the Neighborhood Facility will be built with this development. Mr. Thompson asked about on-street parking near the park along Laurel Parkway and when will the park be completed. Planner Krueger responded that a parking lot will be built, but also it has about 98% street frontage with on-street parking on W. Babcock St. and Mayfly St. The corner piece of the park will be developed in Ph 1 of this project, which will complete the park. Ms. Dornberger asked about W. Babcock being tee-offed and if there is a huge need for it now. 32:43 min 2 480 President McSpadden closed questions for the applicant and opened for Public Comment. 33:12 min Mr. Logan Happel, 4700 Gooch Hill Rd, gave a heads-up of the layout of the surrounding area with corresponding photographs. There are three easement properties on the west side of the proposed development extending from Durston Rd to Huffine Ln. Mr. Happel’s easement is the center easement – Aajcker Creek Properties – which has been in his family since the 1940s and put into a conservation easement in the 1980s with the Gallatin Valley Land Trust. He explained that a conservation easement is a permanent easement and does not modify itself. Only one family is allowed to occupy the property. It doesn’t go away. W. Babcock would dead-end at the fence line with three posts and a triangle and then the conservation easement begins. He asked why there would be a nice buffer zone of open space along the fence line and then at a certain spot, the road would point right to the easement at the property line. A conservation easement doesn’t mean there is public access, it just means there is open space. It has the same trespassing rights as any other private property and can’t be intruded upon. He believes it’s a big invitation for people to park their cars at there at the end of the day because there is no residential area, just open space on either side. He requests the Board to not extend Babcock near the open space area. It would destroy the whole purpose of the open space and buffer zone. He doesn’t want people attracted to the amenities of his property. He requests a good fence that protects the property and to not extend W. Babcock to the property line. He appreciates the fact that the developer will build a buffer zone. He closed by saying he grew up on the ranch, born and raised in Bozeman, and understands that development will happen, but asks for these two concessions. 39:05 min Mrs. Connie Lien, 8507 Huffine Ln. She and her husband, Mr. Al Lien, have a conservation easement adjacent to the proposed development. She agrees with what Mr. Happel said. She has one particular point with the buffer zone. She hasn’t seen a time line for when the buffer zone would be put in place. Their request would be that it would go in prior to any development. She witnessed that when the Laurel Glen subdivision went in, the fences were pushed down, dirt was run over it and garbage was beyond belief. She requests a fence that will hold the garbage out and give them some space from construction. The Liens run an active life stock operation with cattle and horses. She reiterated that their conservation easement is a permanent easement and that at no point would it be broken up so that Babcock could go through. They want to address this issue now so that Babcock would not extend right to the fence line. She requests that the buffer zone goes the entire length – from Huffine to the final lot on the north end. 41:32 min Mr. Al Lien, 8507 Huffine Ln, quoted former State Representative Jim Elliot saying “If you want open space, keep farming.” When Mayor Stueck and Commissioner Al Stiff were on the City Commission, the Mayor commented that they better get west of town and talk to the neighbors next to them. He agreed that that would be a good idea and he’d buy them coffee. He’s still waiting for that conversation. No one has shown up. He thinks they have a unique, site-specific situation. The Liens conservation easement was part of estate planning. He asks them to respect the easement and the animals. He stated that when 3 481 Laurel Glen was built, people poured paint and beer on the sheep across the fence. There is no oversight and no enforcement. He said the buffer zone needs to be wider the further south it goes towards Huffine. He stated there is a culvert 75 feet from his property line to the east that runs under the highway. The culvert has backed up and flooded the proposed development area in the past. He asked if the cross-section of the buffer zone has a mound of dirt or is it flat so they can mow it and keep the weeds sprayed. Aajcker Creek, at the north end of the property, is an irrigation ditch in summer which requires a maintenance easement along it for cleaning. He wants something to mark where Babcock ends, a concrete block or something, to keep “the inebriated” from driving into his fields. He asked at another hearing for a continuous steel fence and never got an answer. He also asked about his gates that go to the Norton Property, wire them shut or something. He recommends the Planning Board to amend the policy of three steel posts with a triangle to mark the end of a road in this unique situation. He also wondered why the local streets end in a ‘California circle’ and don’t go through to Laurel Parkway so a person can go around the block? 50:41 min Mr. Lyle Happel of Aajcker Creek Properties, 4700 Gooch Hill Rd, but lives at 208 E Story St. The subdivision is ¼ mile from their property and they are already experiencing trespassing by trucks and dogs running amok. They have a creek, conservation trees, and wildlife habitat on the property that is appealing to kids. He said it’s important that Babcock ends before the fence line and that a good berm and fence is built. 55:48 min Mr. Lien made further comment stating they did try to buy more land from the Norton’s, but it was not an option. 56:17 min President McSpadden closed public comment and opened for Motion, Discussion and Vote. Mr. Morice asked if the planners have spoken to the City Attorney about the Conservation Easement and West Babcock and what the limitations are for the future. President McSpadden noted that staff stated that by not extending W Babcock to the fence line, they are out of compliance with the Master Plan and would need to amend it. The developer stated they can offer a right-of-way for the road if it should go through in the future. Mr. Thompson asked if there really is no way this can be dealt with without entailing a great deal of cost to the developer. Mr. Garberg noted that the Master Plan is tied to the Annexation Agreement. President McSpadden noted he did not see a condition in the staff report that is specific to the issue. Referring to public comment, Mr. Morice asked why the local streets don’t go through to Laurel Parkway. Mr. Garberg stated the approaches with that separation are not safe and are too close to 4 482 the intersection and to each other. 1:05:09 hr MOTION Mr. Garberg made the motion: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P14037 and move to recommend approval of the preliminary plat for the Norton East Ranch Major Subdivision, Phase 3 requested in application P14037 authorizing to subdivide approximately 119 acres into112 lots with the remaining area as streets, common open space, and parkland.” Seconded by Mr. Morice. Discussion: Mr. Garberg said he has no problem ending W Babcock in respect to the neighbors but due to the complexity of the process, he believes that it is necessary to mandate the 50’ of road to the fence line because it is consistent with policy. The other issue is to propose conditional language on Condition 11 to anticipate flexibility with the open space issue. President McSpadden asked for consideration since this is an Advisory Body, that in this unique situation, strict compliance with the Master Plan may not be the most appropriate situation. He would like to make it a formal finding that strict compliance with the Master Plan is unnecessary. Mr. Garberg would be in full support of President McSpadden’s comment. Mr. Morice added that the City Attorney should comment on what a Conservation Easement is, how it would limit access through the piece, and if indeed it is locked forever. He would absolutely support what President McSpadden is saying. Ms. Dornberger feels more strongly to make it a formal finding since the Commission doesn’t see the notes or the meeting. 01:11:29 hr President McSpadden stated he would accept a new motion and second or an amendment. Mr. Garberg amended his motion to state: “Amend the motion to include a finding that due to the unique and specific conditions found in this application that we recommend the Deciding Board, the City Commission, and its duly planned representative, to examine terminating W Babcock St at the intersection, rather than extending to the property line.” Seconded by Mr. Neubauer. MOTION 01:12:33 min Mr. Garberg made a motion: 5 483 “Amend Condition #11, which addressed the park issue to include a sentence stating that this area may also be converted to meet the applicable City street section.” Seconded by Mayor Krauss. Mr. Garberg noted that the intent here is rather than make them go back to a platting process, they could put the area back in lot and build the other half of the street to the local street City standard. Mayor Krauss seconded it because the Park and Rec Board stated they wanted parkland to connect it and then said they wouldn’t take it as parkland. If they offer it to us as parkland, we should take it as parkland. It bothers him that the Park and Rec Board rejected the parkland and said it’s open space. He hopes to take it as parkland. Mayor Krauss stated the Park and Rec Board is an advisory board, but the Planning Board is not an advisory board and is actually making a statutory decision. Mr. Thompson brought up the issue of the fence. When the land is being used for agricultural purposes and needs the protection of the fence tp protect livestock, people on the residential side need to respect it. There will be more and more alignment issues with conservation easements in the future. If there is 40 acres of wheat planted and some kids go light fireworks on it and it catches on fire, somebody is going to be upset. There needs to be a secure perimeter. Mayor Krauss made a point that there is an amendment on the table that needs to be voted on. 01:18:12 hr President McSpadden closed the discussion on the amendment to Condition 11 and asked for a vote. Amendment passes unanimously. 01:18:41 hr President McSpadden opened for discussion of the original motion for approval of the subdivision application. Mayor Krauss spoke to the fence. He advised to go a little more lightly on the residents on the east side of the fence. They are the people we represent. He believes that good fences make good neighbors, but he’s not sure where in the regulations we are required to build a steel wall between ‘us’ and ‘you.’ He thinks some of the rural and urban conditions and problems are just going to exist. The suburban model doesn’t work any better than the urban model. He also asked about the berm vs. trail buffer. Where does the berm fit in with the idea of a buffer? 01:23:31 hr Mr. Pape joined the meeting. Mr. Neubauer thinks it’s good that the Board added the amendment. He liked that the land owners came out to state their concerns. He stated that if we accept the fact the conservation easements are valuable and an important part of Gallatin Valley’s heritage. It’s important to have open space in agricultural use. It’s a worthwhile endeavour for the City to try to mitigate the 6 484 problems of urban/ag interface. If we don’t try to mitigate their concerns, it will be more difficult to work with other agriculture interests in the future. 01:25:08 hr Mayor Krauss thinks it’s great that there are conservation easements, but these easements land- lock the city. Development will happen on the other side of the easements. In the end, you don’t want to land lock your city in a sea of green. That results in no growth and no tax base. 1:27:09 hr President McSpadden ended the discussion and called for a vote on the application. Motion passes 7-1 with Mr. Neubauer voting against. 01:27:38 hr 2. Rouse Justice Center Presentation Chris Kukulski (City Manager), Ron Price (Chief of Police), and Karl Seel (Municipal Court Judge) from the City of Bozeman will offer a presentation on the Rouse Justice Center construction bond and operating levy on the November 4th City election. (Price/Kukulski) 01:29:08 hr City Manager Kukulski opened the presentation to the Board. 01:30:00 hr Chief Price began the presentation to the Board. Bozeman is the safest city in Montana. The citizens demand to be safe and participate in their own level of safety. The Rouse Ave Law & Justice Center (L&J) is not the new Police Department, it’s a community justice center. The police/court moved into the current Law and Justice Center in 1994. They have outgrown the building. He showed pictures and discussed the current space issues of the Police Department. 01:39:30 hr Judge Karl Seel made the Court’s presentation to the Board. The Municipal Court sees about 9,000 cases each year. The building is too small for the needs of the Court. Judge Seel showed pictures of the current space and explained the issues. 01:44:20 hr Chief Price gave the presentation on the proposed new L&J on Rouse Avenue. The site was acquired through a land exchange for MDT’s Bozeman site on Rouse Avenue for land on Frontage Rd. 01:18:46 hr City Manager Kukulski addressed the cost of the new L&J and what is on the ballot – a bond issue to cover the debt and the net increase to operational expenses. The bond will add $72/yr, or $6/mo for the median household. The net increase to operational expenses will be $1.50/mo per household. City Manager Kukulski stated this presentation has been made 8-10 times and they have 30+ more presentations scheduled and hope to make 60 presentations between now and November. The proposed timeline, if the bond passes, is to break ground in the Spring of 2015 with a ribbon cutting in late 2016. 7 485 01:51:27 hr Opened for questions. Mr. Thompson asked what is the median home. (Taxable value is $275,000). 01:52:31 hr Mr. Pape stated that Chief Price made a strong case and that he has been to the current L&J many times and stated the current working conditions are deplorable. He stated that from the perspective of the Planning Board, it’s an enormous amount of money that should be spent the right way, under right way conditions, for the right longevity. He said it’s a 15 year performa for a building that has to last up to 70 years. The City Manager explained the thinking behind the numbers. Mr. Pape’s concern is that there have been a number of investments at approximately the same cost and he wants to know for how many years the $1.50 has been calculated because he expects operation and maintenance for the life time of the building to be three times the amount of the bond issue. Chief Price addressed the issue. 01:57:38 hr President McSpadden stated that the Board deals so often with mitigating impact of a project and this project is the implementation of a mitigation. He noted there were other sites considered for the new L&J asked if Rouse Avenue is the best choice. Chief Price responded that he believes it’s ideal partly because several other City buildings are located on Rouse (City Hall, City Shops), and because of ease of finding it. Judge Seel stated the court loves the location because of the bus lines and arterials make it easier to find the Court. He stated he thought the Board, as planners, would love it because no one is asking to keep MDT at the corner of Rouse and Tamarack. He thinks it’s a great way to reclaim and upgrade the site with a great facility. 02:01:44 hr Mayor Krauss stated that someone else rebuilds Rouse (state and federal money). Speaking from the Planning Board side, he has to ask hard questions. Because they are asking for the operating levy, are they building a building they can’t afford to operate? If the bond passes, but the levy fails, could they build it? City Manager Kukulski stated they would have to find another way tot build it. Why isn’t it better to have all the courts together like they are now? Why isn’t that the most important thing? Judge Seel stated there is no interaction between the District Courts, the County Courts and the Municipal Court. Mayor Krauss asked if they need to be right by the jail. Judge Seel stated most of their communication with the jail is done be Vision Net, a Skype system. For the Chief, Mayor Krauss stated that most employers in the city don’t provide a gym, so why does the new L&J need a gym? Chief Price answered that it’s currently just an empty room on the plans, but if the Police Association or the Union choose to build it out with equipment paid for by the Association and Union, he completely supports it for a healthy work environment. 8 486 02:07:05 hr Mr. Garberg asked if there were benchmarks for the levels of service and could the building be scaled down? How did we get to where we are? Chief Price stated the building has been scaled down and the levels of service and size were discussed. Judge Seel said three studies conducted indicated the amount of space needed for the courts. Mr. Garberg asked where the court would be space-wise with the new building. Judge Seel stated it would be where they should have been in 2010, but with additional space they could handle growth for next 20 years. 02:10:56 hr Mr. Thompson asked when they move out of the current space on S. 16th, will the County say it will cost more to operate it and want to get rid of it, there by raising County taxes? The City Manager responded saying that with the City moving out, it would open up 16,000 sq. ft. 02:13:16 hr Mr. Pape doesn’t need more justification for the project, but his concern is the previous behavior of the Municipality in respect to what is a priority. The City priorities stated that this is one of many priorities with a significant fiscal magnitude. The new L&J Center is critical, whereas the $23 million bond for the aquatic center and and the $50 million bond for parks, open space and trails aren’t nearly as critical and they weren’t entirely transparent. This will cause the City to have to be overly-transparent about costs. You will have to gain voter confidence to convince the public that the bond will produce what you claim. With all the taxes people have to pay, (impact fees, parks, open space and trails, and on and on) it adds up to $200/month for a first time home buyer. There has to be some constraint. 02:18:20 hr Mr. Morice asked what is the percentage of taxes we pay for public safety and what do people in the towns the size of Bozeman generally pay for similar service? City Manager Kukulski stated that generally, cities pay about 50% of funds for public safety - police, fire, courts. Bozeman pays 54%. The median taxpayer expenditure is about $650/year in property taxes. The new L&J would add $90/yr, or about 30%. Mr. Morice asked if the bond could be sold for a longer period of time to decrease the amount? The City Manager said the bond is a 20 year debt schedule. Mayor Krauss replied it’s a legal issue. Bonds like this can’t be sold for more than 20 years. 02:23:18 hr Mr. Neubauer stated that $90/yr is nothing to them, but for the 1st time homebuyer who also has S.I.D. payments, etc, it’s a shock. He asked to have the $450,000/yr maintenance cost broken down. Chief Price stated the $450,000 is a high-water mark. There are three components - maintenance, utilities and additional employees. Utilities are forecasted to be significantly higher in coming years. Maintenance is taking care of the building, snow plowing, etc. The remainder is for a half time FTE for an Evidence Technician and for six Record Specialists, currently a County function under 911. Mr. Neubauer asked whether there would be cost saving for the City by vacating the current L&J? We’re leasing that space from the County. Every year, we pay the County $150,000 for the space. Who did the court side studies? Carter, Gold and Lee. How was ThinkOne chosen? Chief Price answered saying it was done through an Request For Proposals, with 8 responses which were scored through a scoring and interview system. Mr. Neubauer asked about the costs for preliminary design. 9 487 02:33:25 hr Ms. Dornberger had no questions. Mr. Thompson mentioned the Story Mansion, the trails bonds, Story Mill, the Aquatics Center, soccer fields, etc, saying these are frivolities while we have something of high importance and need, the Law & Justice Center, which has been basically ignored. He is concerned that, due to special interests, the Aquatics Center might get built before the L&J. The City Manager replied that the L&J has not been ignored. It has been on the adopted goals of the City Commission since 2005 or 2006, but the Great Recession got in the way of it happening sooner. 02:35: 39 hr Mr. Garberg stated, that as a former City Commissioner, it’s unfair to call the City on the carpet for this issue and feels they have a right to defend themselves. The Planning Board team has the responsibility to raise those issues. 02:38:00 hr Mr. Pape stated that Bozeman is a town where needs, wants and what’s possible aren’t always well-defined and that Chief Price and Judge Seel are going to face a battle of wants vs. needs and the ‘wants’ people of this town speak loud and have short horizons. Chief Price stated he was given two missions when he was hired – one was to refine and better utilize the hiring system, and the second was to make this building a reality if he felt the need existed, which he believes is beyond question. He believes we need to cultivate the public who are only aware of their ‘wants.’ 02:40:57 hr Mr. Pape asked to make a motion to vote, as a Board, in support of this project. President McSpadden stated that as an advisory board, it was within their parameter to make that type of motion. The City Manager stated that State law does not allow city tax dollars to be spent advocating for or against bond issues, etc. All they can do is educate. 02:44:02 hr President McSpadden stated he did not want to make a formal motion and to assume their questions and comments were noted. 02:45:11 hr Mayor Krauss noted that the Commission already put it on the ballot. 02:46:13 hr The City Manager thanked the Planning Board for their time, advice, and comments. 02:47:13 hr ITEM 5. ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD). 10 488