HomeMy WebLinkAbout16. C14 FOF Norton
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development
SUBJECT: Norton East Ranch Phase 3 Major Subdivision Preliminary Plat
Application P14037 Findings of Fact and Order MEETING DATE: December 15, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Findings of Fact and Order for the Norton East Ranch
Phase 3 Major Subdivision Preliminary Plat Application. BACKGROUND: On September 22, 2014, the City Commission held a public hearing on an
application for preliminary plat approval of the Norton East Ranch Phase 3 Major Subdivision.
The Commission unanimously (5:0) approved the proposed subdivision application subject to
conditions and code provisions 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. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. The
Findings of Fact and Order can be found in Section 6 of the attachment.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
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. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: December 1, 2014
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER
NORTON EAST RANCH MAJOR SUBDIVISION, PHASE 3
PRELIMINARY PLAT, P14037
Date: Planning Board public hearing is on September 2, 2014
City Commission public hearing is on September 22, 2014
Item: The Norton East Ranch Major Subdivision Phase 3, Preliminary Plat is for the
subdivision of approximately 199.90 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:
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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.”
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
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. The City Commission added
condition 13 to requirement termination of West Babcock Street at the west edge of the
westernmost north south street.
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
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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. The Commission accepted this corridor as City parkland with a motion to
eliminate a condition that would have required that the linear park be accepted as opens space or
eliminated and replaced with a standard local street section.
Project Summary
The project proposes a three phase subdivision to subdivide approximately 199.90 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.
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
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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 ............................................................................................................... 2
Project Summary ................................................................................................................. 3
Alternatives ......................................................................................................................... 3
Planning Board: .................................................................................................................. 3
SECTION 1 - MAP SERIES .......................................................................................................... 6
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 13
SECTION 5 - STAFF ANALYSIS............................................................................................... 14
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 14
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 15
Preliminary Plat Supplements ........................................................................................... 18
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 23
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 25
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 25
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 26
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 27
FISCAL EFFECTS ....................................................................................................................... 27
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ATTACHMENTS ......................................................................................................................... 27
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SECTION 1 - MAP SERIES
Vicinity Map – 2012 Aerial Photo with Zoning
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Norton East Ranch Master Plan Map adopted by the City Commission at Annexation of the Norton
East Ranch Properties 2007
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Proposed Preliminary Plat 104 Single Household Lots, Six Townhouse Lots.
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Proposed Preliminary Plat showing Restricted Development Lots R1 and R2 and Neighborhood
Center.
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.
Conditions of Approval:
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.
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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.”
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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.
11. 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.
12. 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.
13. The City claims and retains the right of way for West Babcock Street, however for timing
purposes West Babcock Street is required to only be constructed to the western edge of the
westernmost north south street.
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.
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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 held a public hearing and reviewed the preliminary plat on September 22,
2014.
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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.
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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.
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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
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
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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.
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. Aajker 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.”
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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.
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. Aajker 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 Aajker 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
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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.
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..
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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 199 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
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
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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
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
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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
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.
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38.41.060.A.20 Affordable Housing
The Workforce Housing Ordinance (Ordinance 1710) requirements have been suspended by the
City Commission.
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a major subdivision for
the subdivision of approximately 199.90 acres into 104 single-household residential, 6
townhouse residential, 2 restricted development lots, and the remaining area as streets,
common open space, and parkland.
B. . The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. 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 this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
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the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2014.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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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.
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 199.90 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
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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.
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.
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The City Commission reviewed the preliminary plat and conducted 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.
Attachments that were considered by the City Commission at their September 22, 2014 Hearing:
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
4. Planning Board Resolution P14037 Draft
5. Planning Board Meeting Minutes 9-2-14
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