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HomeMy WebLinkAbout14- Norton East Ranch Major Subdivison, Phase 3 Preliminary Plat, P14037 Page 1 of 27 Retlu-n to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 PLAjjE 2500647 Page: 1 of 27 12/31/2014 09:35:07 AM Fee, $189 00 Charlotte Mills - Gallatin County, MT M1SC 11111111111111 III IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER NORTON EAST RANCH MAJOR SUBDIVISION, PHASE 3 PRELIMINARY PLAT, P1403 7 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: P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 2 of 27 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 P 14037 and move to approve the preliminary plat for the Norton East Ranch Major Subdivision, Phase 3 with the recommended conditions in Planning Board Resolution P 1403 7." 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 3 of 27 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 4 of 27 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 UnresolvedIssues ............................................................................................................... 2 ProjectSummary................................................................................................................. 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 FISCALEFFECTS....................................................................................................................... 27 P14037, FINDINGS OF FACT NORTONEAST RANCH MAJOR SUBDIVISIONPHASE 3 Page 5 of 27 ATTACHMENTS......................................................................................................................... 27 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 6 of 27 SECTION 1 - MAP SERIES R4 "`'d WIB acoCK ST-- DRAGONFLY. S7- a ate;.. W =_ NIAY_FL'Y4-ST dim-"il a . FALLON STi _ _ C f R-O II : r It- --- _ HUFFINE LN -- - LPa nd -- s Districts mits f Vicinity Map—2012 Aerial Photo with Zoning P1403 7, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page of 27 ........ THE MASTER PLAN FOR NORTON EAST RANCH PROPERTY BEING A PARCEL or LAND LOCATED IN SEC-1101%9, T2S,RSE,P.M.M. GALLATIN COUNTY.MONTANA TYPICALWMANDENHANCEMEW AREADLIAIL Jr A iop 0 'e 7 Norton East Ranch Master Plan Map adopted by the City Commission at Annexation of the Norton East Ranch Properties 2007 P140_37, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 8 of 27 PRLLIMINARY PLAT O7 NORTON EAST RANCH SLWVk%VN PHASE 3 LOCA7£D IN THE W 112, SECTION 9, T. 7 S., R. 5 L. 01 P,M.M., CITY OF BOHMAN, CALIATIN COUNTY, MONTANA I / � ST BABCOCK STREET Me8ament_W2260684 JW ' K i I I• .—..a..�—..'a _- ill ��--' I 1 • a`w.i uai� L 'w v aa`ei», ; ,�,,,,• .e �I •y � t„N, N Ili IL I tmv -�-- - - - —. �:—• t»e: ,o, n; K - _ Iall ,. j �tl. IH)IY tw f»I In Proposed Preliminary Plat 104 Single Household Lots, Six Townhouse Lots. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 9 of 27 S a• S.E,VE:•h.7 rn•/•E 1RrrsesTr7 p yb Isd7,.7Yf1 ran � I11 S C) �9. 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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 1%2"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 11 x 17 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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 11 of 27 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 Rl 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 I1I, 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." P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 12 of 27 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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 13 of 27 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 S, 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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 14 of 27 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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page l5 of 27 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. PI4037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 16 of 27 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 17 of 27 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." PI4037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page ]8 of 27 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 19 of 27 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.. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 20 of 27 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 PI4037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 21 of 27 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 22 of 27 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. 3 8.41.060.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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 23 of 27 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 24 of 27 the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this 15t" day of December, 2014. BOZEMAN CITY COMMISSION JEF S yr ATTEST: „ OF. B•Q ,. ST X', E ,• MC City ler APPROVED AS TO FORM: G SULLIVAN City Attorney P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 25 of 27 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 DESCRIPTIONAND 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 P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE 3 Page 26 of 27 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. P14037, FINDINGS OF FACT NORTON EAST RANCH MAJOR SUBDIVISION PHASE_i Page 27 of 27 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 INFORMA TION 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