HomeMy WebLinkAbout005 Norton Ranch Phase 5 Signed FOFPage 1 of 29
21024, City Commission Findings of Fact and Order for the Norton Ranch Ph 5
Subdivision
Public Hearing Date: Planning Board, March 1, 2021 at 6:00 pm. Via WebEx.
City Commission, March 9, 2021 at 6:00pm. Via WebEx.
Project Description: A modification to the phasing and conditions of approval of a
preliminary plat application that was approved November 17, 2020. The
subdivision is on 79.3 acres to create 148 lots: 124 residential single household,
14 affordable single family detached housing lots, 5 common open space lots, 5
city park lots, 4 restricted lots and dedicated right of way. The subject property is
zoned R-2, R-3, and R-4.
Project Location: The subject parcel is located north and west of the intersection of
West Babcock Street and Laurel Parkway. It is legally described as Lot R1,
Norton East Ranch Subdivision Phase 3A, SEC. 9, T. 2 S., R. 5, City of
Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code requirements
Preliminary Plat Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 21024 and move to
recommend approval of the subdivision with conditions and subject to all
applicable code provisions.
Report Date: March 1, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Griffin Nielsen, Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
This application is to modify conditions of approval and phasing of the development
from the original application of a subdivision (18278) who’s Findings of Fact were
approved on December 15, 2020. The modifications included adjusting language to the
conditions of approval and code provisions to allow for Phase 6 to receive final plat
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03/03/23
22203 Norton
East Ranch Ph.
5B FP
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without needing to satisfy all improvements that are affiliated with Phase 5. Phase 6
consists of 4 restricted lots and will require additional subdivision to be able to be
developed. The purpose of the modification was to allow Phase 6 to receive Final Plat
to help finance the construction of Laurel Parkway in its entirety.
The applicant, Norton Properties LLC is proposing to subdivide 79.3 acres in order to
create 148 lots: 124 residential single household, 14 affordable single household
detached lots, 5 common open space lots, 5 City park lots, 4 restricted development
lots, and dedicated right of ways. The developable portion of the project is 38 acres
while the 4 restricted lots are roughly 41 acres. The developable portion of the project
borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the
north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel
Parkway, are subject to further subdivision review. These four restricted lots are
considered Phase 6. The changes to the conditions of approval and code provisions as
outlined below is to allow for those four restricted lots to receive final plat prior to any of
the lots within Phase 5. These four restricted lots will not be able to be developed until
further subdivision review.
Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are
expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI).
Although all 14 lots are along Boomtown Road and clustered together, it was deemed
an appropriate layout based on lot size, design placement and the fact that the City
receives affordable housing lots that are oriented onto the street in the first phase of
development.
A large City park is set to be constructed with Phase 5D that contains wetlands which
are planned to be preserved and additional plantings provided to keep its natural
habitat. A trail along the west side of the development is proposed to connect to the
existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley
West to the north.
The City of Bozeman Department of Community Development received a preliminary plat
application on January 22, 2021, requesting a modification to the major subdivision as it
was approved by City Commission on December 15, 2020. The application was deemed
adequate on February 5, 2021 and review continued. The final decision for a Major
Subdivision must be made within 60 working days of the date it was deemed adequate,
or in this case, by April 6, 2021.
The Planning Board reviewed this application on March 1, 2021 and recommended
approval 6:0.
The City Commission reviewed and voted 5:0 to approve the application. The
Commission agreed that the application met the criteria established by the Bozeman
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Municipal Code. Therefore, the application was approved with conditions and applicable
code provisions outlined in these findings.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval the application with modifications to the recommended
conditions;
3. Recommend denial of the application based on the Board’s findings of non-
compliance with the applicable criteria contained within the staff report; or
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................. 1
Unresolved Issues ................................................................................................ 1
Project Summary .................................................................................................. 1
Alternatives ........................................................................................................... 2
SECTION 1 - MAP SERIES ............................................................................................ 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ............. 12
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .................................. 17
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................ 17
Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ................... 17
Primary Subdivision Review Criteria, Section 76-3-608 ..................................... 19
Preliminary Plat Supplements............................................................................. 22
SECTION 6 - FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS ..…………26
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................. 25
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................ 29
APPENDIX C - OWNER INFORMATION ...................................................................... 29
FISCAL EFFECTS ........................................................................................................ 29
ATTACHMENTS ............................................................. Error! Bookmark not defined.
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SECTION 1 - MAP SERIES
Zoning Map of Subject Property
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Plat of overall development
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions
identified in this report. This application proposes phases. Unless a condition is specific
to an individual phase, all comments and code requirements apply to any final plat of all
phases.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. The 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 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 the
last same sized mylar sheet in the plat set.
3. The final plat must provide all necessary utility easements and must be
described, dimensioned and shown on each subdivision block of the final plat
in their true and correct location.
4. Any public access easement for the common open spaces must be provided
as a separate document describing the scope of the grant of easement and
naming a custodian of the public’s interest in the easement.
5. Per BMC Section 38.220.070.A.2, prior to final plat approval, a memorandum
of understanding must be entered into by the weed control district and the
developer. The memorandum of understanding must be signed by the county
weed control district and the developer prior to final plat approval, and a copy
of the signed document must be submitted to the community development
department with the application for final plat approval.
6. This notation must be included on the conditions of approval sheet of the final
plat: “Ownership of all common open space areas and trails, and
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responsibility of maintenance thereof and for city assessments levied on the
common open space lands shall be that of the property owners’ association.
Maintenance responsibility shall include, in addition to the common open
space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open
space areas. All areas within the subdivision that are designated herein as
common open space including trails are for the use and enjoyment by
residents of the development and the general public. The property owners’
association shall be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all common open space areas and
trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within
each phase to the property owners’ association created by the subdivider to
maintain all common open space areas within Norton Ranch Phase 5
subdivision.”
7. Duration of the preliminary plat approvalis limited, per BMC 38.240.130.A.5.f.
Prior to any extension of the preliminary plat approval, the intersection of Laurel
Parkway and Durston Road must either be upgraded with a signal or
roundabout with design approved the City’s Engineering Division, or the
applicant must provide an updated traffic impact study at the time of extension
request indicating the intersection level-of-service standards can be met per
BMC 38.400.060.B.4.
8. (moved to Code Provisions number 28)Per Code Section 38.350.060 fences
located in the rear or side setback of properties adjoining any city linear park
must have a maximum height of four feet. This standard must be added as a
note listed on the conditions of approval sheet of the plat. Properties on Block
21, Lot 2-8 AND Block 27, lots 1 and 2 are affected by this code requirement.
9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted
with initial final plat to be recorded after approval.
10. The applicant must include a note on the conditions of approval sheet of the
final plat that states that maintenance of all stormwater facilities, including
stormwater facilities within the park parcel, is the responsibility of the property
owners’ association (POA).
11. The approved affordable housing plan must be recorded concurrent with the
final plat and a reference to the recorded document must be provided on the
conditions of approval page of the final plat. The reference on the conditions
of approval sheet must be “This subdivision is subject to affordable housing
requirements. The subdivision’s requirements and obligations can be found in
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the Norton East Ranch, Phase 5 Affordable Housing Plan recorded as
document no.___________ at the Gallatin County Clerk and Recorders
Office.”
12. BMC 38.420.020.D. Park easements provided for future phases do not
transfer maintenance responsibilities to the Parks Department. The Parks
Department will assume maintenance responsibility upon future phase final
plat and final acceptance of improvements. This responsibility must be
indicated in the certificate of dedication on the final plat.
13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland
compliance per each sub phase of Phase 5 must also be shown in the
Parkland Tracking Table as required in Section 38.420.020 BMC and be
placed on the conditions of approval sheet of the final plat. On Preliminary
Plat page 3 and Park Plan L100, consolidate the Parkland tracking table
displaying the same phase and zoning district lot sizes together in one row.
Add a row with details about when the Park Master Plan was approved and a
row that gives the total cost of improvements being constructed. If an
improvements agreement will be requested, please indicate that within the
table. The table shall explicitly state how much parkland credit was allocated
for each lot within this phase. This table shall include but not be limited to
listing all dedicated parkland requirements, parkland or parkland credits and
areas not credited towards parkland (i.e., detention/retention areas,
watercourse setbacks, wetlands, common open space, parking facilities) and
the total area of each.
14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton
Ranch Properties, LLC and the US Army Corps of Engineers within the City
park parcel is transferred to the City of Bozeman with the final plat.
15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, the
applicant must provide the Community Development Department with a
written statement of a wetland boundary determination from the U.S. Army
Corps of the wetland status. If the wetlands are determined to be
jurisdictional, an approved 404 permit for any changes to the wetland must be
submitted to the Community Development office prior to final plat approval.
16. If not already filed, the applicant must provide and file with the County Clerk
and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
a. Street improvements to Cottonwood Road including paving,
curb/gutter, sidewalk, and storm drainage;
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b. Street improvements to Laurel Parkway including paving, curb/gutter,
sidewalk, and storm drainage;
c. Street improvements to West Babcock including paving, curb/gutter,
sidewalk, and storm drainage;
d. Street improvements to Durston Road including paving, curb/gutter,
sidewalk, and storm drainage;
e. Street improvements to Gooch Hill Road including paving, curb/gutter,
sidewalk, and storm drainage;
f. Intersection improvements to Laurel Parkway and Durston;
g. Intersection improvements to Laurel Parkway and West Babcock
Street;
h. Intersection improvements to Laurel Parkway and Huffine Lane;
i. Intersection improvements to Cottonwood Road and Huffine Lane; and
j. Intersection improvements to Cottonwood Road and West Babcock
Street.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of these improvements on a fair
share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development, or
a combination thereof. The applicant must provide a copy of the filed SID
waiver prior to final plat approval.
17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage
for the full length of the development.
18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage
Block 16 of the development.
19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive
frontage of Lot 11 Block 22 of the development.
20. The applicant must include a note on the plat as follows, “This is a known
area of high groundwater. No crawl spaces or basements may be
constructed. Sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are not allowed to be connected to the storm
drainage system. Water from sump pumps may not be discharged onto
streets, or into the curb and gutters where they create a safety hazard for
pedestrians and vehicles.”
21. The subject property is located in an area with high groundwater with
potentially corrosive soils, which can increase the likelihood of water main
failure over the lifespan of the asset. The applicant must perform a corrosivity
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analysis to determine if cathodic protection is required for the proposed
distribution mains.
22. The applicant must add a note to the conditions of approval sheet of the plat
that all stormwater infrastructure located outside of the public right-of-way
must be maintained by the property owners’ association (POA).
23. The applicant must provide a drain tile maintenance plan for the existing tile
drain along Fallon Street to the City Engineering Division for approval and
include the maintenance plan in the POA documents prior to final plat
approval of any plan within Phase 5. The plan must include the long term
maintenance instructions for the POA and an exhibit clearly showing the
location and detail for the tile drain.
24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the
County’s geographic information systems and City Engineering Department
prior to final plat approval. The applicant must submit written approval from
both entities with the final plat application.
25. The stormwater design assumes a flow rate from the infiltration of
groundwater water. No data has been provided to justify this flow rate. Prior to
completion and acceptance of the stormwater design the infiltration flow rate
must be verified during the period of seasonal high groundwater. If the flow
rate exceeds the assumed value, the system must be altered to ensure all
City drainage standards are met. Verification may not take place while
dewatering is in operation. The applicant must send verification to the
Community Development Office before final plat approval.
26. The applicant must submit plans and specifications for water and sewer main
extensions, streets, and storm water improvements, prepared and signed by
a professional engineer (PE) registered in the State of Montana, which must
be provided to and approved by the City Engineer. Water and sewer plans
must also be approved by the Montana Department of Environmental Quality.
The applicant must also provide professional engineering services for
construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted. Building
permits will not be issued prior to City acceptance of the infrastructure
improvements per BMC Section 38.270.030.B.
27. The applicant must contact the Gallatin County Conservation District,
Montana Department of Environmental Quality, and U.S. Army Corps of
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Engineers regarding the proposed project and any required permits (i.e., 310,
404, Turbidity exemption, etc.) must be obtained by the applicant.
28. The complete right-of-way for Laurel Parkway from West Babcock to the
northern boundary must be dedicated with the initial phase of the subdivision.
29. Temporary stormwater easements must be provided for the stormwaterponds
not located within a common open space lot. The easement language must
be approved by the City of Bozeman and the executed easements recorded
with the final plat.
30. A separate lot must be created for the Norton Ranch Lift Station. The lot must
be transferred to the City at the time of final plat to enable the long term
access, maintenance, and operation of the station.
31. As proposed the City’s minimum length of tangency at intersection cannot be
met with the proposed public street easement between lots R1A and R1C.
The easement and lots must be adjusted to ensure the City’s minimum street
standard can be met.
32. A minimum of a 12 foot all weather access ramp designed to support
maintenance vehicles must be constructed to the stormwater pond at the
northwest corner of the site. The access must be reviewed and approved with
the subdivision infrastructure plans.
33. A sixty foot wide Public Street and Utility Easement must be provided on Lots
R1A, R1B, R1C, and R1D. The easement must be centered on the lot lines
and extend the full width of the lots. These easements must be provided at
final plat with a separate document which contains the City’s standard public
street and utility easement language. Upon future subdivision of Lots R1A-
R1D, the easement may to be revised to ensure compliance with the City’s
street and block length standards.
34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on
the final plat that states the following: Notice is hereby given to all potential
purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5
Subdivision, 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 Article 38.270.030. As such, the restriction is
filed with the final plat that stipulates that any use of these lots is subject to
further subdivision or zoning development review and no development of
these lots shall occur until all on and off-site improvements are completed as
required under the BMC. Therefore, be advised that building permits will not
be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5
Subdivision until all required on and off-site improvements are completed and
accepted by the City of Bozeman. No building or structures requiring water or
sewer facilities shall be utilized on these lots until this restricted is lifted. This
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restriction runs with the land and is revocable only by further subdivision or
the written consent of the City of Bozeman.
35. Linear Park 5B and all improvements within it must be completed with Phase
5A.
36. The Property Owner Covenants cannot exclude accessory dwelling units and
duplexes from the allowable uses. The City must be a party to the covenant.
SECTION 3 – REQUIRED CODE PROVISIONS
1. BMC 38.220.300 and 310. The property owners’ association (POA)
documents must be finalized and recorded with the initial final plat within
Phase 5 of the entire property. The POA documents must include the
requirements of Section 38.220.300 and 38.220.320.
2. BMC 38.220.070.A.8 Final plat review. The applicant must 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 must include a digital copy (pdf) of
the entire Final Plat submittal. This narrative must provide sufficient detail to
direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in
the submittal.
3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community
development department with a copy of all required streambed, streambank
or wetlands permits or written notification from the appropriate agency the
status of the wetland jurisdiction determination whether or not a 404 permit is
required prior to the commencement to final plat approval of PHASES 5C and
5D.
4. BMC38.400.010.A.2. Laurel Parkway is a collector street as identified in the
City’s transportation master plan. Laurel Parkway must be fully constructed to
ensure the convenient and reliable movement of traffic and effective access for
emergency services. Laurel Parkway must either: 1) be constructed from the
northern property line of the subdivision to West Babcock Street prior to the
initial final plat approval of Phase 5A, or 2) be constructed from the northern
property line of the subdivision to West Babcock Street prior to the future
subdivision or site development of lots within Phase 6, whichever comes first.
This section of Laurel Parkway must be guaranteed with an improvements
agreement in order to receive final plat approval for Phase 6.
5. BMC 38.400.010.A. Parking must be restricted at all locations where the
City’s Design Standards and Specification Policy (DSSP) minimum for Length
of Tangency at Intersection has been deviated from and stopping sight
distance cannot be met with the presents of parked vehicles.
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6. BMC 38.400.010.A. STOP signs are required at all location where the City’s
DSSP minimum for Length of Tangency at Intersection has been deviated
from on non-through streets.
7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the
approval of the first phase within Phase 5.
8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The
developer must submit a legal instrument setting forth a plan providing for the
permanent care and maintenance of common areas and facilities. The same
must be submitted to the city attorney and must not be accepted by the city
until approved as to legal form and effect. Common areas and facilities must
be deeded to a POA and, the applicant must record the proposed documents
governing the association at the time of final plat of any phase within Phase 5.
9. BMC 38.380.100.A Affordable housing plan as binding agreement. An
affordable housing plan approved by the city is a binding contract between
the developer and the developer's successors in interest to the lot or dwelling.
Such plan will be included in a separate recorded written agreement between
the developer and the city, or incorporated into another recorded document
wherein the developer is required to implement the affordable housing plan.
The affordable housing plan and associated written agreement must be
recorded at the time of final plat approval of any phase within Phase 5.
10. BMC 38.380.100.E Approval of affordable housing plan. The affordable
housing plan will be reviewed as part of the initial application approval
process for the type of development proposed. A condition shall be attached
to the approval of any subdivision plat or site plan to require recordation of the
affordable housing plan or other separate agreement obligating the developer
to meet the requirements of this article. Per this section see recommended
condition number 1 related to affordable housing.
11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land,
private land, personal property, improvements and water rights; documents
required.
a. For the transfer of real property in satisfaction of required or offered
dedications to the city, and required or offered donations or grants to the
POA, the subdivider or owner of the property must submit with the
application for final plat a warranty deed or other instrument acceptable to
the city attorney transferring fee simple ownership to the city or the POA.
b. For the transfer of personal property installed upon dedicated parkland or
city-owned open space, or POA-owned parkland or open space, the
subdivider must provide the city an instrument acceptable to the city
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attorney transferring all its rights, title and interest in such improvements
including all applicable warranties to such improvements to the city or the
POA.
c. The subdivider or owner of the property must record the deed or
instrument transferring ownership or interests at the time of recording of
the final plat with the original of such deed or instrument returned to the
city or POA as applicable.
d. For the transfer of ownership interest in water, the subdivider or owner of
the property must submit with the application for final plat a deed or other
instrument acceptable to the city attorney transferring ownership to the city
or POA, along with all required state department of natural resources and
conservation documentation, certification and authorization.
12. BMC 38.240.450 requires a certificate of completion of improvements. The
certificate must specifically list all installed improvements and financially
guaranteed improvements.
13. BMC 38.240.520 Where non-public improvements are to be installed prior to
final plat approval, the final plat of subdivision must contain a certificate of
completion of non-public improvements. A certificate for all improvements
related to the perimeter street landscaping and irrigation, stormwater
improvements and open space lot landscaping and irrigation must be
provided on the final plat.
14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to
final plat approval, the final plat of subdivision must contain a certificate of
completion of water-related improvements. The certificate must list all
completed and accepted improvements, including but not limited to all
irrigation system record drawings. The subdivision proposes irrigation of
public street frontage and city parkland. This certificate must be provided on
the final plat.
15. BMC 38.270.030 requires that all improvements to be dedicated to the public,
such as water mains, sewer mains, parkland and related improvements, and
public streets, must be financially guaranteed by an improvements agreement
or installed in accordance with the approved plans and specifications by the
developer, and certified by a registered professional civil engineer, licensed in
the state of Montana, and accepted by the city prior to the approval of the
final plat, building permit, issuance of a certificate of occupancy or other
identified benchmark as may be appropriate.
16. BMC 38.420.090. Statements regarding waiver of right to protest the creation
of the parks and trails district and indicating that parkland is maintained by the
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POA may be removed from the plat and covenants, with the exception of the
comments regarding retention ponds.
17. BMC 38.550.070. In accordance with the requirements of this section,
installation by the developer of vegetative ground cover, boulevard trees, and
irrigation system in the public right-of-way boulevard strips on perimeter
streets and in and adjacent to City park lots and all open space lots is
required prior to final plat approval.
18. BMC 38.410.060. A City standard sewer easement must be provided for the
proposed sanitary sewer connection along the northern property at any point
where the sewer line is less than nine feet from the edge of public right-of-
way (ROW) or if the access to a manhole falls outside of the public ROW. No
easement has been shown on the plat. Additionally, the 10 foot front yard
utility easement must be provided along the park and may not be placed
within the sewer easement. The 10 foot utility easement must start from the
edge of the ROW or sewer easement, whichever is greater and extend 10
feet into the property.
19. BMC 38.410.060. A drainage easement must executed and recorded for the
stormwater pond outlet pipe from where the pipe leaves the subject property
to the discharge point into Aajker Creek. This easement must be provided
prior to the subdivision’s infrastructure approval. The easement must allow for
the long term access and maintenance of the pipe by the POA and access by
City staff to verify the pipe is being maintained.
20. BMC 38.410.060. The City standard 10 foot utility easement must be
extended along the western and eastern parks where the park fronts on
public ROW. This easement must be shown on the final plat.
21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be
reconfigured to allow for phased development of the Norton Ranch
Subdivision. The exact configuration is dependent on the phase and number
of dwelling units to be served. Currently, there are three pumps at the lift
station with a single principal pump that can operate under different hydraulic
conditions that the station experiences, specifically column separation after
pumping cycles. Montana Department of Environmental Quality (DEQ)
Circular 2 requires that multiple pumps must be provided and of the same
size. Units must have capacity such that, with any unit out of service, the
remaining units will have capacity to handle the design peak hour flow. The
station does not satisfy DEQ firm capacity requirements. The lift station must
be upgraded prior to final plat approval for any phase within Phase 5.
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22. BMC 38.410.070.A. 12 foot all weather access must be provided to each
manhole proposed outside of the public right-of-way, specifically sanitary
sewer along the northern property boundary. The existing asphalt pathway is
not intended to support the loading from a City vacuum truck. The applicant
must provide a pavement design report for the pathway demonstrating the
necessary section required to support a City vacuum truck and upgrade the
pathway as need. This report must be provided with the infrastructure
submittal for the subdivision.
23. BMC 38.410.080.A. The proposed stormwater discharge from the detention
pond on the northwest corner of the development is located off-site. The
applicant must obtain an easement from the adjacent property owner for the
off-site discharge prior to final plat approval of any phase within Phase 5.
24. BMC 38.410.080.A. The subdivision is responsible for maintaining the
stormwater system. A stormwater maintenance plan must be reviewed and
approved with the infrastructure submittal. The approved plan must then be
incorporated into the POA documents and a copy of the POA documents
demonstrating inclusion of the stormwater maintenance must be provided to
the Community Development Division prior to final plat approval of any phase
within Phase 5.
25. BMC 38.410.080.A. 12 foot all weather access must be provided to each
stormwater manhole proposed outside of the public ROW and extend into all
proposed ponds.
26. BMC 38.410.130. The applicant must contact the City Engineering
Department (Brian Heaston) for an analysis of cash in lieu of water rights and
pay any cash in lieu of water rights due prior to final plat approval.
27. BMC 38.400.040.A.2. Street names must be reviewed and approved by the
County’s geographic information systems and City Engineering Department
prior to final plat approval. The applicant must submit written approval from
both entities with the final plat application.
28. BMC 38.400.070. Subdivision lighting special improvement lighting district
(SILD) information must be submitted to the City in hard copy and digital form.
Any final plat application for Phase 5 will not be deemed complete until the
resolution to create the SILD has been approved by the City Commission.
The initial adoption of the special improvement lighting district shall include
the entire area of the preliminary plat.
29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located
within Phase 5 must be obtained from the US Army Corp of Engineers prior to
infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the
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subdivision. The determination must be provided to the City prior to
infrastructure design approval.
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application was adequate for continued review and
recommended approval with conditions on February 5, 2021.
The Planning Board will conduct a public hearing to review the preliminary plat and
make a recommendation to the City Commission. The public hearing date for the
Planning Board is on March 1, 2021 at 6:00pm via WebEx.
The public hearing date for the City Commission is on March 9, 2021 at 6:00pm via
WebEx.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other
materials available during the review period. Collectively this information is the record of
the review. The analysis is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130, BMC.
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 of approval number 2, the final
plat must comply with State statute, Administrative Rules of Montana, and the Bozeman
Municipal Code.
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 Bozeman
Municipal Code (BMC). 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. Sections 2 and 3 of this report identify conditions and code
requirements necessary to meet all regulatory standards. Therefore, upon satisfaction of
all conditions and code corrections the subdivision will comply with the local subdivision
regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6
of the Montana Subdivision and Platting Act
The City of Bozeman Department of Community Development received a preliminary plat
application on January 22, 2021, requesting a modification to the major subdivision as it
was approved by City Commission on December 15, 2020. The application was deemed
adequate on February 5, 2021 and review continued. The final decision for a Major
Subdivision must be made within 60 working days of the date it was deemed adequate,
or in this case, by April 6, 2021. The City Commission is scheduled to review the
preliminary plat and make a decision at their March 9, 2021 public hearing.
The hearings before the Planning Board and City Commission have been properly noticed
as required by the Bozeman Municipal Code. 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 to the City Commission who
will make the final decision on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be
made within 60 working days of the date it was deemed adequate. Pursuant to BMC
38.240.130.A.5.a(4), the City Commission must approve, conditionally approve or deny
the subdivision application by April 6, 2021, unless there is a written extension from the
developer, not to exceed one year.
Public notice for this application was given as described in Appendix C.
On February 22, this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all
applicable regulations appear to be met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for consideration
in Sections 2 and 3.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, must 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. All city utilities will
be located within dedicated street right of ways. Conditions 3 and code requirement 20
require performance of these obligations.
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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 proposed public streets required to be
constructed to City standards per BMC 38.400 and associated design standards. In
addition, pursuant to BMC 38.400.090.A, plats must contain a statement requiring lot
accesses to be built to the standard contained in this section, the city design standards
and specifications policy, and the City modifications to state public works standard
specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture on the site. The subject property is
designated as residential according to the City of Bozeman Community Plan. The area
is zoned for residential and has been annexed but is vacant. The buildable portion of
the proposed subdivision is entirely residential. No viable farm units exist on the
property. The subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. There are no active
agricultural water use facilities located within the development. The area is zoned for
residential and has been under development for many years.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of
way of Babcock Street to serve the development. The subdivider proposes to extend
water and sewer mains throughout the development and to the individual lots within the
subdivision. These internal water and sewer mains will be installed or guaranteed prior
to final plat approval. The Norton Ranch Lift station must be upgraded prior to any final
plat approval for any phase within Phase 5 and a separate lot must be created for the
station as outlined in condition of approval number 30 and code provision number 21.
The applicant must provide transfer of ownership of the irrigation facility to the property
owners’ association (POA) so that the POA can legally have the water resources
necessary to maintain the open space. Irrigation facilities to support the proposed parks
must be transferred to the City.
Condition of approval number 26 and code provisions 18, 19, and 20 outline the
required completion of easements and physical installation of water and sewer mains.
Cash in lieu of water rights is required to provide long term water to the project. Code
provision 26 applies to this issue.
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Streets – The Growth Policy and subdivision standards require adequate connectivity of
the street grid to ensure sufficient infrastructure to serve the needs of the public and
alleviate congestion. The preliminary plat layout utilizes West Babcock Street, a
collector, and Vaughn Drive, a local street, to provide east west connectivity and Laurel
Parkway, a collector, provides north to south connectivity. Other internal local streets
provide access to all lots. The project is well connected and meets block length
requirements with the proposed streets and pedestrian midblock crossings.
With the initial application (18278), Laurel Parkway was proposed by the developer to
be constructed in two phases which was not in compliance with code requirements. The
City Commission heard the item on November 17, 2020 and required that the applicant
construct Laurel Parkway in one phase from Durston Road to West Babcock. In order to
accommodate this requirement, the applicant has submitted this application to modify
the conditions of approval and phasing of the development in which the restricted lots in
Phase 6 can be sold off to help finance the construction of Laurel Parkway. Laurel
Parkway must be dedicated with the initial phase of the subdivision as outlined in
condition of approval number 28 and completed prior to the final plat approval of Phase
5A and guaranteed with the final plat for Phase 6 as outlined in code provision number
4.
The development’s traffic impact study has identified the intersection of Laurel and
Durston will fall below the City’s level of service requirements in the future. However,
based on the subdivision’s build out year, the Engineering Department has determined
the intersection will have an acceptable level of service by the completion of the entire
subdivision as ensured by condition of approval number 7.
Street lighting is a component of the required street improvements. A special
improvement lighting district (SILD) is proposed to maintain these facilities. Condition
number 8 ensures that the SILD will be formed and effective before final plat. The
requirement for a single SILD will simplify long term maintenance of the street lights and
provide a cost that is more equitably shared.
Maintenance and use of public streets is subject to the terms of the Bozeman Municipal
Code. The certificate of dedication for the final plat must specify responsibilities for
maintenance of all streets, parks and open spaces. Code provisions apply to this issue.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified. The necessary
addresses will be provided to enable 911 response to individual homes prior to
recording of the final plat.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that
standards have been met. Maintenance of the storm water facilities is an obligation of
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the property owners’ association. This responsibility is addressed in the covenants
proposed with the subdivision. Conditions number 10, 22, and 25 ensures this will be
satisfied according to standards with the final plat.
There is a proposed stormwater discharge from the detention pond located in Park 5A
that then drains off site into Aajker Creek to the west. An easement from the property
owner to the west must be acquired in order for the stormwater to travel off site of the
Norton property into Aajker which is addressed in condition number 22 and code
provision number 19 and 23.
Parklands - The proposal meets the required park dedication and improvement
standards. The Recreation and Parks Advisory Board recommends approval of the park
master plan. A final park plan will be completed and approved with the initial final plat.
The parkland proposal for Norton Ranch Phase 5 consists of parkland totaling 8.76
acres within 5 City park lots. A large amount of this land is within watercourse setback
areas and the parkland contribution is reduced accordingly; however the inclusion of the
watercourses and setback areas within the larger park parcels was allowed with the
approval of the Park Master Plan for Norton Ranch Subdivision approved on September
27, 2010 and previous phases. There is a linear park corridor along the west edge of
the subdivision that coincides with Aajker Creek. This linear park was proposed to be
built in two phases, the southern portion with 5A and the northern portion with 5B. The
applicant has agreed to construct the linear park and the trails with Phase 5A as
described in condition number 35.
At the northwest corner of Phase 5, there is a 1.769 acres park proposed including a
.785 acre retention pond. The large park lot is 5.636 acres with 1.678 acres of wetlands.
Within this park, there will be a playground area, a parking lot, a Class II gravel
pathway, and wayfinding signage. Condition of approval 13 and 14 and code provisions
7 and 15 address park easements and dedication within the development.
4) The effect on the Natural environment
Wetlands exist on the property on the eastern portion and on the northern property
boundary. The watercourse setback for this wetland is located mainly on the proposed
park but does impact some of the lots on the eastern and northern portion of the
development, part of Phases 5C and 5D. The City required an updated wetland
delineation as it had been over 5 years since the most current one was conducted that
was used for previous Norton Ranch phases. The 2018 delineation results indicated
that the wetlands had expanded since 2006 due to a several sources of water that have
since been abandoned or diverted to Aajker Creek, which flows to the west of the
development. Due to this expansion, a new jurisdictional status determination is
required from the U.S. Army Corps. The proposed layout does not impact the
preservation wetland but it will impact the wetland fringe identified in 2018. See
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Appendix E, Wetland Exhibit for wetland boundary changes. Review of this
determination is underway and if it is determined that the wetlands are classified as
jurisdictional, they fall under the purview of the U.S. Army Corps which will require
additional permitting such as a 404 permit and possible mitigation. Some of the wetland
boundary encroaches into lots in Phases 5c and 5d which could result in the wetlands
needing to be filled in order for the lots to be developed if they are classified as
jurisdictional. Condition of approval number 15 and code provision 3 and 29 ensures
that wetland jurisdiction determination must be completed prior to final plat approval.
The City requires use of wells or surface water rights to irrigate parks rather than
municipal water supply. There is a lesser energy and infrastructure cost to this
approach. However, in order for the City to rely on these sources to meet the code
requirement there must be the rights to the water. Code provision 11 requires that
necessary ownership and rights be transferred to the POA or City as appropriate.
The site is in an area of high groundwater, which may negatively impact future homes or
cause illicit discharges into the sanitary sewer and over burden the surface drainage
system. Condition of approval number 20 prohibits use of basements. This requirement
will protect both individual home owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has
been substantially impacted by grazing which has reduced wildlife habitat. There are no
known endangered or threatened species on the property. Comment from state
Montana Fish Wildlife and Parks found no immediate negative effects related to wildlife
impact from this proposed development.
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. Conditions
deemed necessary to ensure compliance are noted throughout this staff report. All
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code
Annotated. The Department of Community Development has reviewed this application
against the listed criteria and provides the following summary for submittal materials
and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on October 31,
2017. With the pre-application plan review application, waivers were requested from
the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat
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Supplements.” Some items were not waived and all required material has been
addressed.
Staff offers the following summary comments on the supplemental information required
with Article 38.220, BMC.
38.220.060.A.1 Surface Water
As stated in the analysis above on the natural environment, wetlands and surface
waters exist on the property. Surface waters on the property a preservation wetland
located along the east boundary of the property, a temporary drain ditch excavated in
January 2015 along the north property boundary, and an existing temporary retention
located in the southwest corner of the property. The proposed layout does not impact
the preservation wetland but it will impact the wetland fringe identified in 2018. See
Appendix E, wetland exhibit.
38.220.060.A.2 Floodplains
Material Waived. There are no designated floodplains on or immediately adjacent to the
site.
38.220.060.A.3 Groundwater
The groundwater monitoring well report is included at the end of the stormwater design
report in Appendix B of the application submittal. Groundwater levels in the monitor
wells were measured during the spring of 2018 and groundwater depths ranged from .5
feet to 2 feet. Condition of approval 21 and 25 require additional data to ensure that all
City drainage standards are met.
The geotechnical investigation conducted in January 2018 is included in Appendix C.
Groundwater was encountered in all test pit excavations. Condition 20 restricts
basements and crawl spaces for this reason. Plat note 7 restricts crawl spaces and
basements and prohibits discharging from sump pumps into the sanitary sewer, storm
sewer or onto streets and gutters.
A drain tile analysis was conducted in October 2016 to discuss a historic drain tile
system that was partially truncated during infrastructure development that occurred in
2013. A replacement drain tile system was installed late 2016, early 2017 to restore the
groundwater balance. The associated agency approvals for this system are located in
Appendix E. An easement has been granted to Norton Properties, LLC that allows a
perpetual drainage pipeline to deliver discharge from the drain tile system to Aajker
Creek located to the west of the proposed development and is located in Appendix B.
Condition 24 address the drain tile system. Impacts to groundwater are mitigated by
conditions of approval and code requirements.
38.220.060.A.4 Geology, Soils and Slopes
No unusual geological features are present. The geotechnical investigation conducted
in January 2018 is included with this application in Appendix C. The soil was deemed
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acceptable to carry the burden of infrastructure with foundation recommendations and
bearing capacity detailed in the report.
38.220.060.A.5 Vegetation
The site has a history of agriculture with few native plants present except possibly in
wetland fringe areas. Wetland mitigation located east of Phase 5 and within the
proposed park was conducted in 2007. A summary of this report and conservation
easements are included in Appendix E. A watercourse setback bordering the east side
of the development and in the park will be revegetated with native grasses and shrubs.
38.220.060.A.6 Wildlife
Material waived. No critical wildlife species or habitat are known to be found on the
property.
38.220.060.A.7 Historical Features
Material waived. No notable features are on the site.
38.220.060.A.8 Agriculture
Material waived. See discussion above under primary review criteria.
38.220.060.A.9 Agricultural Water User Facilities
There are no active agricultural water user facilities located within the development.
38.220.060.A.10 Water and Sewer
New infrastructure will be installed on site to serve the development. See discussion
above under primary review criteria. The required design reports have been provided in
Appendix A. Formal plans and specifications will be prepared and reviewed after action
on the preliminary plat. Cash in lieu of water rights is required to provide long term water
to the project. Code provision 26 applies to this issue.
38.220.060.A.11 Stormwater Management
Stormwater within the subdivision will be conveyed via surface gutter flow to cub inlets,
then underground via storm drain piping to a stormwater detention pond located in Park
5A. See stormwater design report in Appendix B.
38.220.060.A.12 Streets, Roads and Alleys
A traffic impact study was completed and is included in Appendix F. It was determined
by the Engineering Department that the street infrastructure proposed will adequately
service the subdivision with the exemption of condition of approval number 28 and code
provision 4. See discussion above under primary review criteria.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. Standard 10
foot front setback utility easements are provided across all lots. See discussion above
under primary review criteria regarding extension of water and sewer. All private utilities
are available in the area.
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38.220.060.A.14 Educational Facilities
A letter was received from Director of Facilities of Bozeman Public Schools. Adequate
capacity is available and detailed in Appendix C.
38.220.060.A.15 Land Use
The use proposed is exclusively residential for the buildable portion of phase 5, which
conforms to the future land use designation and zoning purposes. 148 lots will be
developed with Phase 5 which are to the west of Laurel Parkway. The R1A, R1B, R1C,
and R1D restricted development lots part of Phase 6 to the east of Laurel Parkway are
subject to further subdivision review prior to development.
38.220.060.A.16 Parks and Recreation Facilities
There is a Master Park Plan for this project located in Appendix G which details the
proposed parks. See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
Material waived. A Neighborhood Center was satisfied with Phase 3 on the southeast
corner of Babcock and Laurel Parkway. In this neighborhood center includes pedestrian
infrastructure and park amenities. The entirety of Phase 5 is within one-half mile of the
existing neighborhood center.
38.220.060.A.18 Lighting Plan
All street lights installed must use LED light heads and must conform to the City’s
requirement for cut-off shields as required by the City’s specifications. A special
improvement lighting District (SILD) must be created prior to final plat application.
38.220.060.A.19 Miscellaneous
Material waived. No additional impacts or hazards anticipated.
38.220060.A.20 Affordable Housing
There will be 14 affordable single household detached lots constructed to meet
affordable housing requirements. They are expected to be single family detached
homes with 3 bedrooms. The affordable homes will be constructed in Phase 5A on Lots
1, 2, 21 and 22 of Block 23, Lots 1 and 2 of Block 22, Lot 8 and 9 of Block 18, Lots 8, 9,
10 and 11 of Block 19 and in Phase 5C on Lots 10 and 11 of Block 18. CAHAB
reviewed and recommended approval of the Affordable Housing Plan. See Appendix H
for more information on the affordable housing plan. Condition 12 and code provisions 9
and 10 detail affordable housing requirements prior to final plat approval.
SECTION 6 – FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, 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
these findings of fact was conducted.
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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. The matter of the preliminary plat application was considered by the City
Commission at a public hearing on March 9, 2021 at which time the Department
of Community Development Staff reviewed the project, submitted and
summarized the conditions of approval, clarified unresolved issues and
summarized the public comment submitted to the City prior to the public hearing.
D. The applicant acknowledged understanding and agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on March
9, 2021 and no members of the public offered testimony on the subdivision.
F. 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, 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.
G. 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.
H. 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 single phased major 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 the
subdivider, grant an extension to its approval by the Community Development
Director for a period of mutually agreed upon time.
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DATED this ______ day of ___________, 2021
BOZEMAN CITY COMMISSION
____________________________
Cynthia L. Andrus
Mayor
ATTEST
_______________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
23rd March
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential
Moderate Density), R-3 (Residential Medium Density District), and R-4 (Residential
High Density District. The buildable portion of the subdivision subject to immediate
development is located in the R-2 and R-3 districts.
The intent of the R-2 residential moderate density district is to provide for one- and two-
household residential development at urban densities within the city in areas that
present few or no development constraints. These purposes are accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and housing types in newly developed areas.
2. Providing for community facilities to serve such development while respecting the
residential quality and nature of the area.
Use of this zone is appropriate for areas with moderate access to parks, community
services and/or transit.
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. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings,
two to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect
of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification 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
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21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 29 of 29
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 – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board
and City Commission public hearings. Per Article 38.220, Notice was provided by
posting the site, mailing by certified mail to adjacent property owners and by first class
mail to all other owners within 200 feet, and by legal advertisement publication in the
Bozeman Daily Chronicle. Content of the notice contained all elements required by
Article 38.220, BMC.
No public comment has been received.
APPENDIX C - OWNER INFORMATION
Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701-
5877
Applicant: Kilday & Stratton, Inc., 2880 Technology Boulevard West, Suite 273,
Bozeman, MT 59718
Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718
Report by: Sarah Rosenberg, AICP, Associate Planner
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential
development.
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