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HomeMy WebLinkAbout01-23-17 CC Mtg - A4. S. University District Phase 2 Minor Sub Prelim Plat16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat Page 1 of 33 16469, Staff Report for the South University District Phase 2 Minor Subdivision Preliminary Plat Public Hearing Date: City Commission meeting was continued from January 9, 2017 to January 23, 2017 at 6:00 pm. Project Description: A subsequent minor preliminary plat application to allow the subdivision of a 108-acre tract of record to create one lot for residential development, one restricted development lot, and dedicate rights of way and parkland within the boundaries of the South University District Master Plan. Project Location: The property is legally described as Lot 3 of the South University District Phase 1 Minor Subdivision, located in the SW ¼ of Section 13 and NW ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The property is zoned REMU (Residential Emphasis Mixed-Use District). Recommendation: Approval with conditions and code provisions. 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 16469 and move to approve the South University District Phase 2 Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: January 17, 2017 Staff Contact: Mitch L. WerBell, Assistant Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues As of January 17, 2017, the Department of Public Works has not received a final public street easement signed by the associated landowner for the off-site section of South 11th Avenue adjacent to proposed Lot 1 of Block 2. Plat Correction G requires this provision of this easement prior to preliminary plat approval to demonstrate the feasibility of the proposed street network. The subdivision must include all perimeter streets pursuant to the Unified Development Code. Staff will update the City Commission accordingly on the status of this issue at the January 23, 2017 public hearing. 190 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 2 of 33 Project Summary The Department of Community Development received a Preliminary Plat Application requesting a subsequent minor subdivision from a 108-acre tract of record to create one 16.05-acre lot for residential development, dedicate 3.32-acres of right of way and 14.05-acres of parkland, and restrict a 74.87-acre remainder lot. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. At its November 30, 2016 meeting, the Development Review Committee (DRC) voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. The proposed subdivision and parkland dedication conform to the South University District Master Plan and Parks Master Plan that the City Commission approved in 2012. The subdivider did not request any subdivision or zoning variances with this application. Staff did not receive any written public comment on the application as of the writing of this report. One member of the public offered oral testimony at the January 9, 2017 City Commission meeting. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by March 3, 2017. 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 criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 191 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 3 of 33 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ............................................................................... 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 12 SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 14 SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15 SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 16 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 18 Preliminary Plat Supplements ........................................................................................... 22 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 31 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 32 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 33 FISCAL EFFECTS ....................................................................................................................... 33 ATTACHMENTS ......................................................................................................................... 33 192 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 4 of 33 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 193 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 5 of 33 Exhibit 2 – Community Plan future land use 194 16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat Page 6 of 33 Exhibit 3 – South University District Master Plan 195 16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat Page 7 of 33 Exhibit 4 – Plat 196 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 8 of 33 Exhibit 5 – Lot 1 of Phase 2 detail 197 16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat Page 9 of 33 Exhibit 6 – Aerial 198 16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat Page 10 of 33 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The subdivider 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 final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must 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. 3. All necessary utility easements must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from utility companies providing service indicating that rear or side yard easements are not needed. 4. In accordance with the approved zoning entitlement called the “South University District Master Plan,” the subdivider must complete one of the following two options prior to final plat approval: The subdivider must construct South 11th Avenue from its current terminus to Graf Street to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City strongly prefers this option; OR, The subdivider must construct Campus Boulevard from its current terminus to South 19th Avenue to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. The City will only consider the extension of Campus Boulevard if completion of South 11th Avenue is not a viable option. 5. If the subdivider chooses Campus Boulevard for construction prior to final plat approval, the subdivider must provide a public street easement with the final plat to accommodate a 199 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 11 of 33 roundabout at the intersection of South 17th Avenue and Campus Boulevard in accordance with the South University District Master Plan. 6. “Lot 3A” must be titled “Lot 2” as part of the South University District Phase 2 Minor Subdivision. 7. The remainder Lot 2 of the South University District Phase 2 Minor Subdivision must be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on the undevelopable lot of the final plat: “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot not subject to this restriction. This language must be placed on the face of the plat or in a separately executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2, of the South University District Phase 2 Minor 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 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. THREREFORE, BE ADVISED, that Building Permits will not be issued for Lot 2, of the South University District Phase 2 Minor Subdivision, 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 must label proposed “Park 1” as “City Park 1” as part of the South University District Phase 2 Minor Subdivision. 9. The subdivider must plat proposed “Park 2” and “Park 3” as a single tract of record and label the tract on the final plat as “City Park 2” as part of the South University District Phase 2 Minor Subdivision. The warranty deed transferring ownership to the City of Bozeman must include the same legal descriptions as shown on the final plat. 10. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) must transfer ownership to the City of all dedicated parkland proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, 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. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal 200 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 12 of 33 property installed upon dedicated parkland or City owned open space, the subdivider must provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. An executed realty transfer certificate must be provided along with any deed. 11. The subdivider 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 has been satisfactorily addressed, and must include a .pdf digital copy of the entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. Section 38.41.060.A.16, requires the submittal of a park plan with supplementary information about park maintenance and irrigation information. The final plat application must include updated park plan supplementary information to show conformance with the existing South University District Master Park Plan and include cost estimates of the future park improvements required for installation prior to building occupancy on Lot 1 of Phase 2. B. Section 38.23.100.A.1.f, requires a watercourse setback planting plan. The watercourse setback planting plan must detail the current boundaries of the wetlands area and the required number of plantings in conformance with this section prior to final plat approval. C. Section 38.23.060.E, requires public access easements for streets to be provided in accordance with Articles 24 and 27. The final plat application must provide a 35-foot wide public street easement along the entire length of the southern boundary of Lot 2 for the future extension of Arnold Street consistent with the South University District Master Plan for a “Local Street + Pedestrian” street section, or the subdivider must eliminate the proposed partial easement from the final plat, as Lot 2 will be subject to further subdivision review. If the public street easement is provided, the subdivider must include written approval from the underlying irrigation ditch access easement holder with the final plat application. D. Article 38.38,discusses the requirements for supplementary documents including property owners’ association documents and covenants. The South University District Covenants, Conditions and Restrictions filed with the Gallatin County Clerk and Recorder’s Office does not include a written date for expiration. The document must be amended to reflect the valid duration. E. Section 38.23.180, states that the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. 201 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 13 of 33 The subdivider must pay CIL of water rights due prior to final plat approval, or if deferred to a future site plan application, the plat must include a note regarding building permit restrictions for lots that require payment of CIL of water rights. The subdivider must review the CIL of water rights analysis provided by the Engineering Division for this project and coordinate intended water use and sources with the Engineering Division to finalize that analysis. F. Section 38.24.060.B.4, requires all arterial and collector streets and intersections with arterial and collector streets to operate at a minimum level of service "C" unless specifically exempted. Section 38.24.060.B.4.b, gives the review authority discretion to grant a waiver from a LOS of less than “C” at a specific intersection. The intersections of South 7th Avenue and Kagy Boulevard and South 11th Avenue and Kagy Boulevard are within one half-mile of the proposed project and are identified as operating at a level of service (LOS) less than “C” in the City’s recent master planning document and per the traffic impact study for the future design condition. Per the section, the subdivider submitted a request to the Director of Public Works for a waiver of the intersection LOS requirement. The Director of Public Works granted the LOS waiver prior to preliminary plat approval. The waiver is valid for the initial entitlement period of the subdivision and applies only to the real property described as Lot 3 of the South University District Phase 1 Minor Subdivision. G. Section 38.23.060.A, states that where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. The subdivider must provide an off-site public street easement signed by all property owners of record for South 11th Avenue adjacent to Lot 1 of Phase 2 to the Department of Public Works prior to preliminary plat approval to verify feasibility of the proposed street network. The subdivider must provide separate easements for public infrastructure not located in dedicated rights of way prior to final plat approval, or the final plat must indicate the utility easements. H. Section 38.23.070.A.1, states that the developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the City to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state Department of Environmental Quality and the City, and shall conform to any applicable facilities plan. The City's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the 202 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 14 of 33 proposed facilities to the City and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. The subdivider must construct the off-site sanitary sewer improvements to the property as outlined in the application prior to final plat approval. The plans note a number of 12-inch storm sewer mains for public dedication. A 12-inch storm sewer main does not comply with City standards. The subdivider must provide minimum 15-inch storm sewer mains in accordance with the City of Bozeman Design Standards and Specifications Policy. I. Section 38.24.010.A, states all streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The proposed parking lane width on S. 14th Avenue must be increased from seven feet to eight feet to accommodate the bike lane and promote safety for bicyclists on this street where cyclists have priority. The City will accept a reduction in the boulevard width to accommodate this change. The subdivider must indicate the adjusted street section in the application prior to final plat approval. SECTION 5 – DRC ADVISORY COMMENTS I. All notes, restrictions and conditions of approval must be relocated from the plat and transferred to the final plat conditions of approval sheet. II. The final plat must note existing right of way widths in accordance with the ARM rules for final subdivision plats. III. The certificate of completion must be properly updated to list all completed and accepted improvements and financially guaranteed improvements prior to final plat approval. IV. The subdivider must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project, and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the subdivider and provided prior to final plat approval. a. It is specifically noted that the subdivider’s wetlands delineation has expired per the five-year limitation required by the Corps of Engineers. b. The subdivider must demonstrate DNRC approval of the proposed exempt wells for irrigation prior to final plat approval. This relates to Plat Correction E. V. Plans and Specifications for water and sewer main extensions, streets, and stormwater improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental 203 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 15 of 33 Quality. The subdivider shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. VI. The City Engineering Department will review sizing and extent of the off-site sanitary sewer main extension with the subdivider’s engineer, as these may need to be altered relative to what is indicated in the preliminary plat submittal. Additional sanitary sewer capacity analysis is needed to verify main sizing, particularly for the main on W. Lincoln Street. Where necessary, sanitary sewer main sizes must be increased to accommodate additional sanitary sewer demands. VII. The Conditions of Approval for the South University District Master Site Plan outlined in the approval letter dated April 17, 2012 apply to this project. VIII. The City will accept ownership of the following improvements and will maintain these improvements in perpetuity, which must be called out on the Certificate of Consent and Dedication: a. South 11th Avenue and associated stormwater sanitary sewer mains in the dedicated right of way; b. South 14th Avenue and associated stormwater sanitary sewer mains in the dedicated right of way; c. Campus Boulevard and associated stormwater sanitary sewer mains in the dedicated right of way; d. All water mains; e. All sanitary sewer mains. SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS Project Name: South University District Phase 2 Minor Subdivision Preliminary Plat File: 16469 The Development Review Committee (DRC) reviewed the proposed minor subdivision preliminary plat application on November 30, 2016 and determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, found that the application, with the recommended conditions of approval and required plat corrections, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission continued the public hearing on this minor subdivision preliminary plat on January 9th to January 23, 2017. The public meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 204 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 16 of 33 Having reviewed the application against the criteria established for a minor subdivision, Staff recommends conditional approval as submitted. SECTION 7 – STAFF ANALYSIS AND FINDINGS 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. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, 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 was prepared in accordance with the surveying and monumentation 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 No. 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 must comply with the standards identified and referenced in the Unified Development Code (UDC). The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all municipal standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on November 1, 2016. Staff deemed the application acceptable for initial review in writing on 205 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 17 of 33 November 9, 2016. The DRC reviewed the preliminary plat application on November 30, 2016 and determined the submittal contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. On December 7, 2016, Staff provided the subdivider with written comments in addition to summary conditions and code corrections identified by the DRC. Staff scheduled public notice for this application on December 14, 2016 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 18, 2016. Staff posted public notice on the subject property on December 16, 2016. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 15, 2016. No public comment had been received on this application as of the writing of this report. On December 21, 2016, Staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission, which was scheduled to make a final decision at its January 9, 2017 public hearing. The City Commission formally continued the public hearing on this application from January 9th to January 23, 2017. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; or in this case by March 3, 2017. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations and the application appears to comply with the Unified Development Code and all other relevant regulations. This report includes Conditions of Approval and code provisions requiring plat corrections as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. As detailed under the Subdivisions Review Criteria No. 2 above, required by Section 38.23.060.A. and recommended as Condition of Approval No. 5, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. 206 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 18 of 33 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 The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Plat Correction G requires the subdivider to demonstrate the feasibility of the proposed street network to the Department of Public Works by providing a public street easement for South 11th Avenue adjacent to proposed Lot 1 of Phase 2 signed by all property owners of record. The plat notes the access from South 11th Avenue. Condition of Approval No.4 recommends the requirement for the subdivider to construct South 11th Avenue or Campus Boulevard prior to final plat to provide secondary emergency ingress and egress to the subdivision as allowed by Section 38.24.010.A.8.The City park parcels will front on South 14th Avenue. As recommended in site-specific Condition of Approval No. 10, the landowner must provide an acceptable instrument transferring the park parcels to the City with the final plat application. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subsequent minor subdivision will not significantly impact agriculture. The City of Bozeman Community Plan designates the subject property as a residential emphasis mixed use area and the property’s REMU zoning allows for residential and commercial development. The property falls within the boundaries approved for development in South University District Master Plan and a residentially-developed block exists to the direct north of proposed Lot 1 of Phase 2. The South University District previously went through subdivision review and approval and the Development Review Committee (DRC) evaluated agricultural effects at that time. Agricultural uses remain to the west on an unannexed parcel, to the south on a different landowner’s property and on the proposed restricted development lot within this subdivision. Staff properly noticed all adjoining landowners. The agricultural uses on the proposed restricted development lot will likely continue until the time of future subdivision review and site development. 2) The effect on Agricultural water user facilities This subsequent minor subdivision will not significantly impact agricultural water user facilities. The growth policy and zoning designate this property for residential development and the property has been partially developed as such. A well (GWIC Id: 285793) currently provides irrigation for the existing park. In addition, the Middle Creek Ditch Company may possess water rights appurtenant to the land proposed for subdivision and the subject landowner holds a share of the Middle Creek Ditch Company. The City Engineering and Water Conservation Divisions encourage the subdivider to explore options for using the landowner’s share of the water right to 207 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 19 of 33 irrigate the proposed parkland and residential parcel or potentially transfer the share to the City for credit against required cash in-lieu of water rights or a direct payment of cash. A Montana State University irrigation ditch lies within the future right of way for South 11th Avenue. Staff learned that this irrigation ditch is likely a jurisdictional waterway. The U.S. Army Corps of Engineers makes formal jurisdictional determinations on waterways. If a jurisdictional determination shows the ditch classification as a “water of the U.S.” subject to the Clean Water Act, additional permitting may be required at the discretion of the U.S. Army Corps of Engineers. This irrigation ditch must be piped or relocated to accommodate future street expansion to allow for the proper street alignment identified by the Engineering Division. Staff advised the subdivider to provide all necessary permits to the City for piping or relocation. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, South 11th Avenue and Campus Boulevard. The subdivider plans for intensive residential development on proposed Lot 1 of Phase 2. The planned residential development requires significant capital facility extensions to mitigate the anticipated impacts from development. The subdivider proposes to extend water and sewer mains to the proposed residential lot. The existing downstream sanitary sewer mains do not have adequate capacity to serve the subdivision. The subdivider proposes to construct an off-site capacity expansion sewer main along Willow Way from West Lincoln Street to Kagy Boulevard in accordance with the City’s Wastewater Collection Facilities Plan Update. This trunk main will extend south through the proposed restricted development lot and future South 14th Avenue right of way. The subdivider proposes connecting an eight inch sewer main from Campus Boulevard to the new trunk main to the west to accommodate future development. The City will review the final layout of on-site water and sewer mains during the site plan development review stage for Lot 1 of Phase 2. The plat corrections note this requirement. Future development will require additional capital facility improvements to support future uses on the undeveloped large western parcel in the South University District. The subdivider proposes platting this 74.87-acre parcel as an undevelopable lot in accordance with Section 38.39.080.B.6. Recommended site-specific Conditions of Approval No. 6 and No. 7 address this matter and detail the labeling requirements for the final plat. Streets – The proposed subsequent minor subdivision necessitates an additional street extension to provide secondary emergency ingress and egress to proposed Lot 1 of Phase 2 to mitigate future impacts from the planned high-density residential development. The City is currently constructing Graf Street from Macnab Street to South 19th Avenue with a stub for a future South 11th Avenue connection. The City’s capital improvement plan (CIP) includes an item in Fiscal Year (FY) 2018 to complete South 11th Avenue from Kagy Boulevard to Graf Street, which may be constructed in conjunction with the South University District Phase 2 subdivision to provide a more efficient project than if South 11th were constructed in several phases. This will reduce the 208 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 20 of 33 long-term cost to construct South 11th Avenue by eliminating multiple construction mobilization costs, obtaining an improved economy of scale and obtaining the local share contribution of South 11th Avenue from the South University District development. South 11th Avenue is a critical north-south connection in the City’s street grid. Construction of South 11th Avenue will provide an alternate route into the Montana State University campus from the southern portion of the City and subsequently reduce the current demand on portions of Kagy Boulevard. An alternate route will serve not only vehicular traffic, but will also include improved facilities and safety for pedestrians and cyclists. Currently, few options exist for north- south travel south of Kagy Boulevard. In addition, the City expects substantial construction traffic associated with the South University District Phase 2 project. Construction traffic must be routed around campus to the project site to limit impacts to traffic on Kagy Boulevard and improve the safety of pedestrian and bike traffic on campus. Extension of the street network may reduce impacts on the transportation system from game day traffic to and from Montana State University. If the City is unable to acquire the necessary right of way for the extension of South 11th Avenue, Campus Boulevard must be constructed from its current terminus to South 19th Avenue to provide secondary emergency ingress and egress to the subject property and reduce construction traffic and projected residential traffic impacts. The DRC recommended site-specific Conditions of Approval No. 4 and No. 5 to address transportation impact mitigation options. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. The City will review addressing of future residential buildings during site plan review. The construction of South 11th Avenue or Campus Boulevard will improve emergency response times. Stormwater – The subsequent minor subdivision will not significantly impact stormwater infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains, which will tie into existing mains. The existing mains convey stormwater to retention ponds, which were oversized and installed with the South University Phase 1 Minor Subdivision. The retention ponds have adequate capacity to accept new flows from this proposed subdivision and future site development. The plans indicate the publicly dedicated mains as 12-inch in diameter. The subdivider must correct the stormwater infrastructure plans to show 15-inch mains in accordance with the City of Bozeman Design Standards and Specifications Policy. The City has a standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, as part of the infrastructure plan and specification review process prior to final plat approval. The plat corrections note this requirement. Parkland – Minor subdivision does not require parkland dedication. A large City park easement exists to the west of the proposed Lot 1 of Phase 2, provided in excess by the Phase 1 subdivider to bank parkland for future South University District phases. The Phase 1 (Stadium View 209 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 21 of 33 Apartments) developer used a potion of the existing acreage total towards the required minimum parkland dedication for that development. With this plat, the subdivider proposes to dedicate those 14.05 acres currently protected for public use under the existing public park easement. The final plat will memorialize the optional land dedication by acreage with a tracking table on the conditions of approval sheet but will not offer an entitlement for required parkland for Phase 2 buildings. The parkland transfer will simply deed the existing parkland protected by easement to the City. The City will review any future site plan submittal against the parkland dedication standards found in the Unified Development Code and confirm that the proposal meets regulations prior to any zoning entitlement. Recommended site-specific Conditions of Approval No. 8, No. 9 and No. 10 address procedural real property transfer and plat labeling requirements for the parkland. In 2012, the City Commission approved a parks master plan with the South University District Master Plan. The South University District Parks Master Plan details park phases and park improvement review occurring with site plan development for subsequent phases in the South University District. The subdivider proposes to formally transfer the existing parkland by deed to the City of Bozeman. The subdivider must provide additional supplementary information for park improvement cost estimates and watercourse setback planting prior to final plat. At the site development stage, documentation and acceptance of all installed off-site park improvements must occur prior to building occupancy as required in 38.27.080.A. 4) The effect on the Natural environment The subsequent minor subdivision will not significantly impact the natural environment. No significant physical or topographical features (e.g., outcroppings, geological formations, steep slopes) were identified on the subject property. Mandeville Creek bisects the South University District through the park. The subdivider does not propose any construction that will impact Mandeville Creek other than the crossing of the stream for the extension of Campus Boulevard. The Unified Development Code mandates a watercourse setback planting plan that will aid in bank stabilization, sediment nutrient and pollution removal, and flood control. The Code also requires the subdivider to contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) for the construction of the proposed streets. The subdivider must obtain any required permits and provide them prior to any construction of the infrastructure. 5) The effect on Wildlife and wildlife habitat The subsequent minor subdivision will not significantly impact wildlife and wildlife habitat. The property falls within a master planned area identified for residential development in close proximity to a large urban area. Past agricultural uses limited the amount of wildlife and wildlife habitat on the property. The wetlands host the most significant wildlife on the property. The wetland areas lie within the park and those areas are protected by existing vegetation. No 210 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 22 of 33 construction is proposed that impacts wetlands. The installation of additional wetland shrub and tree plantings will help mitigate any additional impacts from future development. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, the subsequent minor subdivision will not significantly impact 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 DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Staff routed application materials with a request for comments during the pre-application plan review to the following entities: Montana Department of Transportation (MDT), Gallatin Valley Land Trust and the Middle Creek Ditch Company. Staff received comments from MDT on the proposed minor subdivision. Staff provided these comments to the subdivider and attached them to this report. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on April 13, 2016. With the pre-application plan review application, the subdivider requested waivers from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre- application plan review application for: 2) floodplains; 3) groundwater; 8) agriculture; 14) educational facilities; 19) miscellaneous; and 20) affordable housing. The DRC did not grant waivers for: 1) surface water; 4) geology-soils-slopes; 5) vegetation; 6) wildlife; 7) historical features; 9) agricultural water user facilities; 10) water and sewer; 11) stormwater management; 13) utilities; 15) land use; 16) parks and recreation facilities; 17) neighborhood center; 18) lighting plan; and 20) affordable housing. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water This subsequent minor subdivision will not significantly impact surface water. Surface water exists on the subject property. Mandeville Creek runs through the middle of the South University District and is largely contained within the existing parkland. The proposed subdivision will not impact the surrounding wetlands. As the South University District continues to develop, 211 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 23 of 33 additional parkland dedication will protect the creek and wetlands areas in conformance with the approved master plan. A Montana State University irrigation ditch lies on the eastern edge of the property and bisects the location of the planned extension of South 11th Avenue. This irrigation ditch must be piped or relocated to accommodate future street expansion. The DRC advised the subdivider to obtain and provide any necessary ditch mitigation permits. 38.41.060.A.2 Floodplains The DRC did not identify any significant impacts to floodplains and waived supplemental information. No mapped 100-year floodplains impact the subject property. Mandeville Creek does not pose a flooding threat for the developable lots due to a small drainage basin at this property, and the large surrounding park area. 38.41.060.A.3 Groundwater The DRC did not identify any significant impacts to groundwater and waived supplemental information. Groundwater was initially monitored during the summer of 2011 for this property. Groundwater monitoring wells cumulatively located groundwater between 13-feet deep and less than 1-foot deep in the wetlands. The depth of high groundwater near the proposed Lot 1 of Phase 2 varied between 6-feet to 13-feet deep. The survey did not find areas of high groundwater around lots proposed for development within the master plan. In addition, recent data indicates that groundwater has receded around the subject property. One existing well (GWIC Id: 285793) provides park irrigation. The subdivider must provide well information including flow rate data from the Montana Department of Natural Resources and Conservation to the City Engineering Division for projected water use calculations to aid in the required cash in-lieu of water rights analysis and determination. 38.41.060.A.4 Geology, Soils and Slopes This subsequent minor subdivision will not significantly impact the geology, soils or slopes. The subdivision application includes a geotechnical report conducted for the property in August of 2011. The property exhibits soil characteristics consistent with the surrounding Bozeman area. No significant geologic or topographic features exist on the property. Future development will necessitate the submittal of a site-specific soil analysis and geotechnical evaluation for building foundation engineering. 38.41.060.A.5 Vegetation This subsequent minor subdivision will not significantly impact vegetation. Past agricultural uses significantly changed the vegetation found on the property. The proposed Lot 1 of Phase 2 consists of heavily tilled soil and grasses. The wetlands along Mandeville Creek exhibit the most critical plant communities. The park preserves the wetlands from development. The subdivider provided a Noxious Weed Management Plan to identify mitigation measures for noxious weeds. 212 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 24 of 33 Prior to final plat approval, the subdivider must provide a watercourse setback planting plan identifying any additional required plantings. The plat corrections note this requirement. 38.41.060.A.6 Wildlife This subsequent minor subdivision will not significantly impact wildlife. The property falls within a master planned area identified for residential and commercial development. Proximity to an urban area and past agricultural uses limit the amount of wildlife on the property. Occasionally deer and small mammals visit the property, as is common in the Bozeman area. However, the area is generally less desirable to wildlife. The protected wetlands host the most significant wildlife on the property. The 50-foot watercourse setback along the Mandeville Creek watercourse and wetlands will protect any riparian environment already established on the property. Staff contacted the Montana Department of Fish Wildlife and Parks during subdivision review of previous South University District phases but did not receive any comment. 38.41.060.A.7 Historical Features This subsequent minor subdivision will not significantly impact historical features. Anthro Research, Inc. conducted a Cultural Resource Evaluation in April of 2012 prior to the initial annexation of the South University District to the City. The study found that no significant cultural, historic or archaeological features exist on the subject property. The subdivider provided a copy of the study with the preliminary plat application materials. 38.41.060.A.8 Agriculture The DRC did not identify any significant impacts to agriculture and waived supplemental information. The Bozeman Community Plan, municipal zoning and South University District Master Plan designate the subject property for development. Agricultural uses historically existed on the property but ceased in areas of planned development. Agricultural uses remain to the west on an unannexed parcel and to the south of the proposed subdivision. Staff properly noticed the adjoining landowners of record. Some agricultural use occurred on the proposed restricted development lot during the summer of 2016. However, Staff anticipates the remaining agricultural uses will cease as the South University District continues to develop with subsequent subdivisions and site development. 38.41.060.A.9 Agricultural Water User Facilities This subsequent minor subdivision will not significantly impact agricultural water user facilities. As noted above in the 76-3-308, MCA Primary Subdivision Review Criteria, agricultural water user facilities exist in conjunction with the subject property. The Middle Creek Ditch Company historically possessed water rights appurtenant to the land proposed for subdivision. The current landowner holds a share of the ditch company. In addition, a groundwater well supplies irrigation water for the existing park. Section 38.23.180 requires the transfer of water rights or cash in-lieu with annexation, subdivision and site development. The Department of Public works encouraged the subdivider to explore options for using the water right share to irrigate the park and future on-site landscaping in exchange for a credit against anticipated cash in-lieu of water rights 213 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 25 of 33 requirements. As an alternative, the Department of Public Works expressed an interest in acquiring the water right share for municipal use in exchange for a cash in-lieu credit or cash payment. Due to the significant anticipated water demand to serve the planned high-density residential development, Staff anticipates a large cash in-lieu payment to mitigate the costs of new municipal water appropriations. A Montana State University irrigation ditch lies on the eastern edge of the subject property. The current location of the ditch necessitates piping or relocation to accommodate the future extension of South 11th Avenue. The DRC put the subdivider on notice to obtain all required permits and submit verification to the City to accommodate the required piping or relocation of the irrigation ditch. 38.41.060.A.10 Water and Sewer The planned future residential construction requires the expansion of the municipal water system to serve the new lots in accordance with Section 38.23.070.A.1, the South University District Master Plan and the Montana Department of Environmental Quality. This subdivision application includes an extension of the 12-inch water main under South 11th Avenue with stubs for main extensions to future South University District phases. A 12-inch water main lies in the Campus Boulevard right of way. The plat corrections note the requirements. The Engineering Division will review the final water infrastructure layout for proposed Lot 1 of Phase 2 during the site plan review process. The new municipal water facilities will include nine fire hydrants at one-block intervals in the perimeter streets around the South University District Phase 2. The application also indicates two future internal hydrants for fire protection on the looped mains internal to Lot 1 of Phase 2 for later installation during the site plan stage. As noted above, the Bozeman Municipal Code requires water rights or cash in-lieu for annexation, subdivision and site development pursuant to Section 38.23.180. The projected water demands will likely require a substantial cash in-lieu payment to offset the future intensive residential development. The proposal necessitates accurate calculations for water demands for Phase 2 of the South University District. A significant period of water meter records may not yet exist for the Phase 1 project (Stadium View Apartments). Vacancy rates affect per capita demand per residential occupant. Due to the variables in calculating projected water demand based on comparable developments, the City may require a separate agreement to track actual water usage for a period of time following future Phase 2 building occupancy. Staff determined the appropriate time to require cash in-lieu of water rights payment is prior to site plan approval. The subdivider must record a deed restriction on proposed Lot 1 of Phase 2 to put all landowners on notice of the requirement of cash in-lieu of water rights payment prior to development approval. This staff report includes a memorandum from the City Engineering Division regarding water rights in the Attachments section. The subdivider must upgrade associated downstream sanitary sewer mains prior to final plat approval to ensure adequate capacity for future increased flows in accordance with the City’s 214 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 26 of 33 Wastewater Collection Facilities Plan Update, Section 38.23.070.A.1, and the regulations of the Montana Department of Environmental Quality. The downstream municipal sanitary sewer mains do not have adequate capacity to accept new flows. The application includes a Sewer Main Extension Engineer’s Report proposing the construction of a capacity expansion 10-inch off-site sanitary sewer main from West Lincoln Street to Kagy Boulevard. This trunk line will extend south along Willow Way and up through the proposed restricted development lot and future South 14th Avenue right of way. The subdivider proposes connecting an 8-inch sewer main with stubs from Campus Boulevard to the new trunk main to the west to accommodate planned development on Lot 1 Phase 2 and subsequent phases of the South University District. The plat corrections note the requirements. The City will review the final on-site sanitary sewer facility layout during the site plan development review stage for Lot 1 of Phase 2. 38.41.060.A.11 Stormwater Management The planned future residential construction requires the expansion of municipal storm sewer facilities to serve the new lots in accordance with Section 38.23.070.A.1, the South University District Master Plan and the Montana Department of Environmental Quality. The park hosts two large stormwater detention facilities, which were oversized and installed with Phase 1 of the South University District with the anticipation of future development. The application includes a Storm Drainage Engineer’s Report, which proposes the installation of new storm sewer mains in Campus Boulevard which will transport surface runoff to the existing detention basins. The analysis accounts for the future Phase 3, with improvements scheduled for construction prior to the final plat approval of Phase 2. The application notes several dedicated 12-inch mains. The City of Bozeman Design Standards and Specifications Policy requires 15-inch storm sewer mains. The plat corrections note this requirement. The City Engineering Division will review the on-site storm sewer mains prior to site plan approval. Future on-site mains will connect to the facilities proposed for construction prior to final plat approval of this subdivision. 38.41.060.A.12 Streets, Roads and Alleys This subdivision requires the expansion of the municipal street and sidewalk network to accommodate the planned future residential development. The approved South University District Master Plan provides the planned transportation system for the district. The final plat will provide dedicated right of way for perimeter streets and other street easements in conformance with the master plan. The plans propose traffic calming bulbs at street intersections to provide reduced speeds, shorter crosswalks and better sighting of pedestrians entering the crosswalks. This preliminary plat application includes a Traffic Impact Study (TIS) prepared by Marvin & Associates on October 25, 2016. The study found that the anticipated vehicular and pedestrian traffic generated by future residential development of Lot 1 of Phase 2 will amplify existing capacity deficiencies at the intersections of South 7th Avenue and Kagy Boulevard and South 11th 215 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 27 of 33 Avenue and Kagy Boulevard. South 11th Avenue south of Kagy Boulevard will likely see up to a 256% increase in total traffic impacts according to the report. The TIS identifies the intersection of South 7th Avenue and Kagy Boulevard as operating at a level of service (LOS) of less than “C” and located within one half-mile of the proposed subdivision. The City’s most recently adopted transportation impact fee capital improvement plan (CIP) found that the LOS on Kagy Boulevard has “degraded far beyond what is acceptable. Peak hour backups are now stretching across the entire corridor between 19th and Willson, affecting adjacent roadways and the overall performance of the network.” Under project number SIF130, the City plans to add interim capacity to these intersections and adjacent roadways during Fiscal Year (FY) 2018 until a full reconstruction of Kagy Boulevard occurs. Pursuant to Section 38.24.060.B.4.b, the subdivider submitted a request to the Director of Public Works for a waiver from the LOS requirements at these intersections. The Director of Public Works approved the waiver request based on the provided information and findings in accordance with 38.23.060.B.4.b. The proposed subdivision necessitates the extension of an adjacent roadway for secondary emergency ingress and egress to serve Lot 1 of Phase 2. Given the anticipated number of residents, there must be two points of egress from the site in case of a fire or other emergency. Kagy Boulevard, a principal urban arterial is an important element of the City’s perimeter street system and is currently the southernmost complete east-west connection. New development in the area will compound existing transportation delays. The City anticipates the completion of the Graf Street extension from Macnab Street to South 19th Avenue in 2017. No significant north- south connections exist between South 19th Avenue and South 3rd Avenue. The South University Master Plan details future extensions of both Campus Boulevard and South 11th Avenue with associated street section designs to add critical connectivity to the City’s transportation grid. Construction of South 11th Avenue will provide an alternate route into the Montana State University campus from the southern portion of the city and subsequently reduce the current demand on portions of Kagy Boulevard. The alternate route will serve not only vehicular traffic, but will also include improved facilities and safety for pedestrians and cyclists. The City’s CIP includes project SIF130 in FY18 to complete South 11th Avenue from Kagy Boulevard to Graf Street, which may be constructed in conjunction with the South University District Phase 2 subdivision to provide a more efficient project than if South 11th were constructed in several phases. This will reduce the long-term cost to construct South 11th Avenue by eliminating multiple construction mobilization costs, obtaining an improved economy of scale and obtaining the local share contribution of South 11th Avenue from the South University District development. The City anticipates significant construction traffic associated with the South University District project. Construction traffic must route around campus to the project site to limit impacts to traffic on Kagy Boulevard and improve the safety of pedestrian and bike traffic on campus. The subdivider must provide all necessary off-site public street easements for South 11th Avenue adjacent to proposed Lot 1 of Block 2 to the Department of Public Works. The plat corrections note this requirement. 216 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 28 of 33 The extension of South 11th Avenue or Campus Boulevard will provide secondary emergency ingress and egress to Lot 1 of Phase 2, a detour route for future Kagy Boulevard construction, and a construction traffic route for Phase 2 of the South University District, and will improve emergency responses times. In addition, the construction of either street may reduce impacts on the transportation system from game day traffic to and from Montana State University. The recommended site-specific Condition of Approval No. 4 addresses the requirement for the completed extension of either South 11th Avenue or Campus Boulevard prior to final plat approval at the discretion of the subdivider. The subdivider must demonstrate all necessary off- site public street easements to accommodate the construction of South 11th Avenue or Campus Boulevard prior to final plat approval. The City strongly prefers the extension of South 11th Avenue. The proposed preliminary plat does not indicate an easement for a roundabout at the future intersection of South 17th Avenue and Campus Boulevard. If the subdivider chooses to construct Campus Boulevard to provide secondary access, the subdivider must construct the street in accordance with the approved South University District Master Plan. The recommended site- specific Condition of Approval No. 5 addresses this requirement. The proposed preliminary plat shows a seven foot wide parking lane along South 14th Avenue. The plans must demonstrate an increase of the parking lane to eight feet wide to accommodate the bicycle lane and promote safety for bicyclists on this street, where bicyclists have priority. The plat corrections note the requirement to update the street section prior to final plat approval. The proposed preliminary plat shows a partial 30-foot wide public street easement for the future extension of Arnold Street. The South University District Master Plan designates Arnold Street as a “Local + Pedestrian” street section with a 70-foot right of way including a 10-foot wide pedestrian pathway. In conformance with the approved master plan, the subdivider must provide a 35-foot wide easement for future Arnold Street extension from South 11th Avenue to South 19th Avenue. The City did not receive written approval from the underlying irrigation ditch access easement holder. The subdivider must submit written approval from the easement holder to indicate the full public street easement, or the subdivider must eliminate the proposed easement from the final plat, as Lot 2 will be subject to further subdivision review. The plat corrections note this requirement. As required in Section 38.24.080, perimeter sidewalks must be constructed along all street frontages prior to final plat approval or must be financially guaranteed for a period not to exceed three years. 38.41.060.A.13 Utilities This subsequent minor subdivision will not significantly impact utilities. The plat indicates a 10- foot wide utility easement along all street frontages. As recommended in site-specific Condition of Approval No. 3, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. With the recommended condition and 217 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 29 of 33 code requirements, the plat will provide and depict all necessary utilities and required utility easements. 38.41.060.A.14 Educational Facilities The DRC did not identify any significant impacts to educational facilities and waived supplemental information. Future development will provide additional housing units, which will likely be utilized by students, educators and professionals at Montana State University. The City expects minimal to nonexistent impacts to the Bozeman Public School District #7. 38.41.060.A.15 Land Use The DRC did not identify any significant impacts to land use and waived supplemental information. The proposed subdivision complies with the existing zoning designation of REMU, (Residential Emphasis Mixed-Use District) and the approved South University District Master Plan. 38.41.060.A.16 Parks and Recreation Facilities This subsequent minor subdivision will not significantly impact parks and recreation facilities. The Bozeman City Commission approved a complete parks master plan with the South University District Master Plan. The City Commission granted a zoning variance for the South University District Parks Master Plan to allow the park street frontage below the minimum of 50 percent as required by code, due to the phased nature of the development and the location of Mandeville Creek, which bisects the entire district. Minor subdivisions do not require the dedication of parkland or cash in-lieu of land dedication. However, the South University District Phase 1 Minor Subdivision provided a 9.38-acre park easement. The completion of the Phase 1 park resulted in 4.66-acres of improved parkland after netting out the wetlands, watercourse setbacks and stormwater detention facilities. An additional 3.86-acres of improved parkland proposed with Phase 2 will result in a total of 10.59-acres of improved parkland. The application includes a parkland tracking table which the final plat conditions of approval sheet will depict. The recommended site-specific Conditions of Approval No. 8, No. 9 and No. 10 outline the labeling, monumentation and procedural requirements for the formal dedication of the parkland to the City with the final plat application. While this minor subdivision does not require the dedication of parkland, the subdivider must submit additional information including cost estimates of future park improvements to show conformance with the approved parks master plan prior to final plat approval. The original South University District wetlands delineation expired. Staff met with the subdivider and learned that a new wetlands delineation was completed and the final plat application will include the updated data. The subdivider must update the watercourse setback planting plan to reflect the current wetland boundaries. The plat corrections note these requirements. Staff does not anticipate any impacts to the existing wetlands and watercourse setback areas. The DRC will review a future site plan for conformance with all applicable parkland and residential open space requirements prior to plan approval. The subdivider or other site developer 218 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 30 of 33 must install future park improvements prior to the occupancy of any building on Lot 1 of Phase 2. 38.41.060.A.17 Neighborhood Center Plan The proposal conforms to the South University District Master Plan. The South University District Master Plan calls out the large central park as the neighborhood center for the entire district. This proposed subdivision will formally dedicate 14.04-acres of land yielding 10.59- acres of improved park. With this subsequent phase of the South University District, the subdivider proposes the installation of a centralized pavilion to serve the public and all residents of the district. The Department of Parks and Recreation will determine the final location of the pavilion prior to building occupancy of Lot 1 of Phase 2. 38.41.060.A.18 Lighting Plan The application includes a street lighting layout plan with fixture cut sheets and a photometric analysis plan in conformance to code requirements. The subdivider proposes LED street lighting along the extension of South 11th Avenue adjacent to Lot 1 of Phase 2 and at the street intersections and site access on South 14th Avenue and the future street to the south. The City will review the future on-site street lighting layout during the site plan review stage. 38.41.060.A.19 Miscellaneous The DRC waived miscellaneous supplemental information. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. Staff found that the South University District Covenants, Conditions and Restrictions filed with the Gallatin County Clerk and Recorder’s Office does not include a written date for expiration. The landowner must amend the document to reflect a valid duration period prior to final plat approval. The plat corrections address this issue. 38.41.060.A.20 Affordable Housing The DRC waived supplemental information regarding affordable housing. The Affordable Housing provisions in Article 38.43, BMC do not apply to group living housing units at this time. In addition, minor subdivisions do not trigger requirements for the currently voluntary Affordable Housing program. Community Development Staff and the DRC will evaluate Affordable Housing requirements at the time of future site development. Future development will add new housing units to the existing city inventory and will supplement housing needs for students and professionals in the area with close access to Montana State University. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned REMU. The intent and purpose of the Residential Emphasis Mixed-Use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to 219 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 31 of 33 landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. Adopted Growth Policy Designation: The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land use designation category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Standalone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready access within and to adjacent development. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description The South University District was formally annexed to the City of Bozeman in 2011. The City Commission approved a zoning master plan for the entire district in 2012, which was later modified on November 11, 2013. The approved master plan remains valid until November 11, 2018. A first minor subdivision created Lot 1 in Phase 1, which was subsequently developed with high-density group living residential housing units, known as Stadium View Apartments. The buildings received certificates of occupancy in fall of 2015. The Commission approved a subsequent minor subdivision to create an additional residential development lot for the second phase of the Stadium View project. Due to the success of the first phases and the increasing demand for housing near Montana State University, a developer and the landowner submitted 220 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 32 of 33 another subsequent minor subdivision pre-application plan and informal review application for Block 2 of the South University District. The Development Review Committee (DRC) reviewed the applications and provided comment to the developer and landowner on April 6, 2016. The Department of Community Development received an additional zoning application for an informal review on August 10, 2016 to gather feedback and advice on site layout and building design for a proposed group living residential development on Block 2. The application proposed 268 dwelling units hosting 887 bedrooms. The DRC provided written comments to the landowner and subdivider on September 26, 2016. The landowner, RTR Holdings II, LLC, and the national student housing developer (subdivider), Capstone Collegiate Communities, LLC submitted a subsequent minor subdivision preliminary plat application to the Department of Community Development on November 1, 2016. Staff deemed the application acceptable for initial review on November 9, 2016. The application proposes the subdivision of a 108-acre tract of record to create one 16.05-acre lot for residential development, dedicate 3.32-acres of right of way and 14.05-acres of parkland and restrict a 74.87-acre remainder lot to further subdivision review. The DRC reviewed the proposed South University District Phase 2 Minor Subdivision on November 30, 2016. The DRC determined the submittal contained detailed, supporting information sufficient to allow for the continued review of the proposed subdivision on November 30, 2016. On December 21, 2016, Staff completed this minor subdivision preliminary plat application staff report. Staff forwarded the report with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission, which was scheduled to make a final decision at its January 9, 2017 public hearing. The City Commission continued the public hearing to January 23, 2017 at the request of Staff. Staff updated the staff report to include the most recent information related to the project on January 17, 2017.The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; or in this case by March 3, 2017. APPENDIX C – NOTICING AND PUBLIC COMMENT In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on December 14, 2016 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 18, 2016. Staff posted public notice on the subject property on December 16, 2016. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 15, 2016. The continuation of the public hearing from January 9th to January 23, 2017 was included on the City Commission agenda of January 9, 2017. No written public comment was received on this application as of the writing of this report. One member of the public offered oral testimony at the January 9, 2017 City Commission meeting during the advertised public comment period. 221 16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat Page 33 of 33 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: RTR Holdings II, LLC, c/o Robert L. Emery, 22 Turtle Rock Court, Tiburon, CA 94920-1300 Subdivider: Capstone Collegiate Communities, LLC, 431 Office Park Drive, Birmingham, AL 35223 Representative: Stahly Engineering & Associates, 851 Bridger Drive, Suite 1, Bozeman, MT 59715 Report By: Mitch L. WerBell, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. CIL Water Rights Memorandum Application Supplementary Materials TIS Summary April 7, 2016 MDT Comment Letter 222 Development Review Division Policy and Planning Division Building Division MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------ TO: Shawn Kohtz, Development Review Engineer FROM: Brian Heaston, Senior Engineer RE: CIL Water Rights, SUD Phase 2 Pre-Plat DATE: November 29, 2016 ------------------------------------------------------------------------------------------------------------------------------ I have reviewed the application materials for the referenced project in light of Section 38.23.180 BMC. The engineering report prepared by Stahly Engineering is attached to this memo and provides a reasonable methodology for the calculation of annual average water demands for the Phase 2 housing units. I question if a sufficient period of water meter records exists for Phase 1, however, to base the annual avg demand for Phase 2 upon, particularly considering that the vacancy rate in Phase 1 has a large affect on per capita demand per occupant. I would suggest putting the developer on notice that we may require a separate agreement to track actual usage for a period of time after full occupancy of Phase 2 in order to determine if adequate CIL WR were captured at the time of development. If not, then the agreement would stipulate that additional CIL would be required. Likewise, if water use was overestimated for purposes of initial CIL payment a refund would be only fair. Furthermore, the appropriate time to provide CIL WR is prior to the approval of site plan for Phase 2 housing units, not at subdivision. A deed restriction will be required in this instance for the Phase 2 housing lot. It is unclear in the report what source of water will be utilized to supply the irrigation water demand for the Phase 2 landscaping. If the source is an exempt groundwater well, then a letter from DNRC stating that the irrigation water requirement falls within the 35gpm/10AF use limitations for the exemption must be provided. DNRC will likely apply a standard duty of water of 2.5 feet/year per acre of irrigated area. If the irrigation water supply is provided from the city’s municipal system, then CIL WR will be required for the irrigation demand value. It would behoove the developer to work closely with the city’s Water Conservation staff to design an efficient landscape and irrigation system to reduce overall CIL WR costs. Minimum recommended irrigation design requirements developed by WC staff are attached. The developer is encouraged to meet these requirements. This same point of water supply applies to the proposed use of an exempt well to irrigate the required Phase 2 Parkland that will come online with this subdivision. A letter from the DNRC stating the park irrigation water requirement falls within the use of the exemption is needed. Should additional supplies be required, and if those supplies are provided from the municipal system, then CIL WR becomes necessary for that irrigation demand. Again, it behooves the developer to work closely with the city’s Water Conservation staff. A unique opportunity to offset the CIL WR costs exists by constructing a non-potable irrigation system for the Parks, and perhaps even the Phase 2 housing parcel (and subsequent housing phases for that matter), exists by utilizing water rights appurtenant to the land being developed. It is my understanding that a share of Middle Creek Ditch Company water historically irrigated these lands. That share water could potentially be utilized to provide a legally available source of irrigation water supply if it’s still owned by the developer and conveyance of share water to the property remains viable. Further research and analysis would be required to determine if the share, or other appurtenant rights, have sufficient 223 Page 2 seniority and flow/volume attributes to reliably meet the irrigation water demand for the development and to verify that conveyance facilities still exist. I would strongly encourage the developer investigate this opportunity further. Lastly, should the developer determine that a non-potable irrigation system served from the MCDC share not be feasibility, we are interested in acquiring the share from the developer to have in City ownership. A fair price would be negotiated at a later time for this water. Payment could be applied as either a credit against the overall CIL WR fee or as cash. 224 A1 Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: Phase 2 South University District 16.05 Acre subsequent minor subdivision in South University District RTR Holdings II, LLC c/o Robert L. Emery 22 Turtle Rock Court, Tiburon, CA 94920-1300 415-412-5783 randy_hecht@yahoo.com Capstone Collegiate Communities, LLC 431 Office Park Drive, Birmingham, AL 35223 205-414-6400 dmaxwell@capstonemail.com Stahly Engineering & Associates 851 Bridger Drive, Suite 1, Bozeman, MT 59715 406-522-8594 cpool@seaeng.com Approx 2200 South 11th Ave, Bozeman, MT 59715 Lot 3 of the South University District Phase 1 Minor Subdivision, SW 1/4 Sec 13 and NW 1/4 Sec 24, T2S, R5E REMU Vacant REMU 225 Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. 268 4250 19.37 843,818 16.05 699,212 226 227 228 PP Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISION PRELIMINARY PLAT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1. Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. STATISTICS 1. Subdivision Type: First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with variance Second or Subsequent Minor Subdivision from a Tract of Record First Major Subdivision 2. Total Number or Lots: 3. Lots by Proposed Uses: Residential, single household City Park Residential, multi household Manufactured Home Space Planned Unit Development Recreational Vehicle Space Condominium Unit Commercial Townhouse Industrial Common Open Space Restricted Development Other: 229 Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: APPLICATION FEE Base fee $1,785 Minor or $ 2,840 Major Plus $72 per lot Plus $6.50 noticing fee per each physically contiguous (touching) property owner CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 230 PP1 Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISON PRELIMINARY PLAT CHECKLIST GENERAL INFORMATION The preliminary plat submittal must include the following information. Please refer to Section 38.41.040, BMC for the specific requirements for each item. 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Pre-application Plan), BMC. See checklist PA1. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single household. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways. 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the pre-application process. 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC. 11. All appropriate certificates (refer to Chapter 38.06, BMC). 12. All preliminary plat supplements required for all subdivisions: Preliminary Plat Supplements Required for All Subdivisions A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet C. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC. See checklist SVAR D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association E. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary 231 Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: G. A draft of such other appropriate certificates H. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private I. Profile sheets for street grades greater than 5 percent J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds L. A preliminary platting certificate prepared by a Montana title company 13. All preliminary plat supplements not waived at pre-application review by the Development Review Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item. Additional Subdivision Preliminary Plat Supplements Waived A. Surface water B. Floodplains C. Groundwater D. Geology, soils and slope E. Vegetation F. Wildlife G. Historical features H. Agriculture I. Agriculture water user facilities J. Water and sewer K. Stormwater management L. Streets, roads and alleys M. Utilities N. Educational facilities O. Land use P Parks and recreation facilities Q. Neighborhood center plan R. Lighting plan S. Affordable Housing T. Miscellaneous CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 232 233 Legal Description Name 1 Name 2 Address City State Zip Code Stadium Center Lot 18 Suite 1 Daniel & Anna Bidegaray Bidegaray Law Firm 2042 Stadium Drive, Suite 1 Bozeman MT 59715 Stadium Center Lot 18 Suite 2 DSA Bozeman, LLP 2042 Stadium Drive, Suite 2 Bozeman MT 59715-0616 Stadium Center Sub Lot 17 Pete Sobrepena & Hollis Sobrepena 508 Pronghorn Trail Bozeman MT 59718-7595 Minor Sub 371A Lot 2 Unit A Feldstein Enterprises LP P.O. Box 2079 Folsom CA 95763-2079 Minor Sub 371A Lot 2 Unit B Feldstein Enterprises LP P.O. Box 2079 Folsom CA 95763-2079 Plat J-584 Block 2, Lot 1 Allison Subdivision Phase 3A Bon Ton Inc. of Billings P.O. Box 906 Bozeman MT 59771-0906 SW4NW4 & NW4SW4 Less R/W Sec 24 2S 5E 78 Ac Klien and Karen Gilhousen The Gilhousen Community Property Trust 599 Hightower Road Bozeman MT 59718-8163 Tracts 1 COS 2661-A Cheryl Boylan 1550 W. Kagy Boulevard Bozeman MT 59715-6510 Tract 2 COS 2661-A Cheryl Boylan (50%) & Peggy Easton (50%) 1550 W. Kagy Boulevard Bozeman MT 59715-6510 Tract 3 COS 2061-A Peggy Easton 167 COUGAR DR Bozeman MT 59718-8358 South University District Ph1, Lot 1 Plat J-518 NB Stadium View DST 16B Journey Ste 200 Aliso Viejo CA 92656-3317 South University District Ph1, Lot 2 Plat J-518 RTR Holdings II LLC 22 Turtle Rock CT Tiburon CA 94920-1300 Lot 2 Minor Sub #481 MJC/KAGY LLC 32300 Frontage Rd Bozeman MT 59715-8607 S13, T02 S, R05 E, TRACT 2 SE4 63.590AC COS 2728 State of Montana MSU Facilities Services P.O. Box 172760 Bozeman MT 59717-2760 ALLISON SUB ANNEX, S24, T02 S, R05 E, ACRES 40.217, SE4NW4 Bon Ton Inc. of Billings PO Box 906 Bozeman MT 59771-0903 CONTIGUOUS 234 Legal Description Name 1 Name 2 Address City State Zip Code Stadium Center Sub Lot 19 Paul D and Marolyn J Stanley Trustees 6138 SHADOWBROOK RD Granite Bay CA 95746 Stadium Center Sub Lot 16 Stadium Drive #16, LLC 1400 Black Bear Road Bozeman MT 59718-7891 W1/2NE4SW4 Sec 13 2S 5E 20 Ac Cecilia Ann Keifer 518 S. 7th Avenue Bozeman MT 59715-4409 Minor Sub 235 Lot 1 G FORCE 1 LIMITED LIABILITY COMPANY 1320 MANLEY RD Bozeman MT 59715-8779 COS 1969 Tract 1 Grace Bible Church Limited of Bozeman 3625 S. 19th Avenue Bozeman MT 59718-9108 Minor Sub 191-B Lot 2A Steven R. & Ralph K. Aaker 1461 Monroe Place Louisville CO 80027-1560 COS 2008A Tract 1A Daniel Hitchcock 19th Capital Group, LLC 19 Lariat Loop Bozeman MT 59715-9200 Barry Brown Jerry Locati Kagy Crossroads Sub Amended Block 1 Lots 4 & 5 Stockman Bank of Montana P.O. Box 250 Miles City MT 59301-0250 Remington Sub Lot 7 Church of Christ of Bozeman 1825 W. Kagy Boulevard Bozeman MT 59715-6505 Hawks Ridge Condominiums Tract A COS 573 MJM Investments LLC 402 Macy Drive Roswell GA 30076 Tract B COS 573 YMA Properties 1705 W Kagy Blvd Bozeman MT 59715-6513 Hawks Ridge Condominiums Tract A COS 573 Unit 1715 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186 Hawks Ridge Condominiums Tract A COS 573 Unit 1717 Robert S. & Kristi D. Ernenwein Ernenwein Family Trust 1405 Crenshaw Blvd Torrance CA 90501-2434 Hawks Ridge Condominiums Tract A COS 573 Unit 1719 Robert S. & Kristi D. Ernenwein Ernenwein Family Trust 1405 Crenshaw Blvd Torrance CA 90501-2434 Hawks Ridge Condominiums Tract A COS 573 Unit 1721 Stephen & Jeanette Rutherford 2500 Klondike Court Missoula MT 59808-9066 Hawks Ridge Condominiums Tract A COS 573 Unit 1723 Alan J. & Nancy M. MacDonald 1723 W Kagy Blvd Bozeman MT 59715-6513 Hawks Ridge Condominiums Tract A COS 573 Unit 1725 Daniel E. & Regina D. Eyer Eyer Family Revocable Trust 662 Wintergreen Lane Bozeman MT 59715-7855 Hawks Ridge Condominiums Tract A COS 573 Unit 1727 Brunner Investments, LLC PO Box 160881 Big Sky MT 59716-0881 Hawks Ridge Condominiums Tract A COS 573 Unit 1729 Michael L. & Callie C. Peters 14 Chinook Trl Bozeman MT 59718-9412 Hawks Ridge Condominiums Tract A COS 573 Unit 1731 HR Condos 710 East Fridley Bozeman MT 59715 Hawks Ridge Condominiums Tract A COS 573 Unit 1733 Kaitlyn B. & Aaron B. Williamson 4986 Castle CT Anchorage AK 99508-4804 Hawks Ridge Condominiums Tract A COS 573 Unit 1735 Gregory E.Swietek & Mary Livingston 6 Russell Ave Portola Valley CA 94028-7246 Hawks Ridge Condominiums Tract A COS 573 Unit 1737 TJ Holdings, LLC 905 Colorado ST Belgrade MT 59714-4302 Hawks Ridge Condominiums Tract A COS 573 Unit 1739 Angie Lee 103 Alton Way Bozeman MT 59718-7271 Hawks Ridge Condominiums Tract A COS 573 Unit 1741 Charles M. & Crista S. Merzdorf 1128 Holly Dr Bozeman MT 59715-5933 Hawks Ridge Condominiums Tract A COS 573 Unit 1743 Scott H. Luckay 600 Triple Tree RD Bozeman MT 597157851 Hawks Ridge Condominiums Tract A COS 573 Unit 1745 Dale H. & Brit D. Jackson 1116 23RD AVE SW Great Falls MT 59404-3437 Hawks Ridge Condominiums Tract A COS 573 Unit 1747 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186 Hawks Ridge Condominiums Tract A COS 573 Unit 1749 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186 Hawks Ridge Condominiums Tract A COS 573 Unit 1751 Stephen M. Seeger & Beth A. Daly 20 Barley Field CT Dickerson MD 20842-8806 Hawks Ridge Condominiums Tract A COS 573 Unit 1753 KB3 5620 Ocean Pines CIR Las Vegas NV 89130-2092 Hawks Ridge Condominiums Tract A COS 573 Unit 1755 Scott H. Luckay 600 Triple Tree RD Bozeman MT 59715-7851 Hawks Ridge Condominiums Tract A COS 573 Unit 1757 Charles M. & Crista S. Merzdorf 1128 Holly Dr Bozeman MT 59715-5933 Hawks Ridge Condominiums Tract A COS 573 Unit 1759 Michael D. & Angela D. Lee Lee Living Trust 103 Alton Way Bozeman MT 59718-7271 Hawks Ridge Condominiums Tract A COS 573 Unit 1761 Thomas Williams 868 Western DR Santa Cruz CA 95060-3035 Hawks Ridge Condominiums Tract A COS 573 Unit 1763 Craig Casperson 3281 E 3500 N Kimberly ID 83341-5217 Hawks Ridge Condominiums Tract A COS 573 Unit 1765 Deborah L. Meyer P.O. Box 2045 Arvada CO 80001-2045 Hawks Ridge Condominiums Tract A COS 573 Unit 1767 Michael L. & Callie C. Peters 14 Chinook Trl Bozeman MT 59718-9412 Hawks Ridge Condominiums Tract A COS 573 Unit 1769 Lei Cai & Mengyao Liu 2 Erin CT Bridgewater NJ 08807-5518 Hawks Ridge Condominiums Tract A COS 573 Unit 1771 Gregg T. & Kristin K. Lundin 7855 Parkwood Drive Missoula MT 59808 Hawks Ridge Condominiums Tract A COS 573 Unit 1773 Jeanne Singleton PO Box 274 Pony MT 59747-0274 Hawks Ridge Condominiums Tract A COS 573 Unit 1775 Deborah Schonscheck 16417 E Auburn Hills DR Parker CO 80134-3037 Hawks Ridge Condominiums Tract A COS 573 Unit 1777 Knute H. & Marne B. Oaas 1238 W Gold ST Butte MT 59701-2110 Hawks Ridge Condominiums Tract A COS 573 Unit 1779 Sachs Corporation 4480 Bannock DR Bozeman MT 59715-9303 Hawks Ridge Condominiums Tract A COS 573 Unit 1781 Brenda L. Blazer 431B East Brandon DR Bismark ND 58503 Beattys Sub Tract 31 & Part W2 of Tract 11 (Parcel #4) Edward A. & Constance B. Dratz 114 Sir Arthur DR Bozeman MT 59718-7866 Beattys Sub 169'x230' Tract 29 less Hwy Right of way 1605 W Kagy LLC P.O. Box 4730 Bozeman MT 59772-4730 Beattys Sub Part Tract 8 & a strip 4.25x100' plus Tract A 1805 Willow Way LLC P.O. Box 4730 Bozeman MT 59772-4730 Boylan Add No 1 West 351'x619.65' of Lot 1 Montessori Childrens House LLC 1450 W. Kagy Blvd Bozeman MT 59715 ADJOINER NOT CONTIGUOUS 235 • • www.seaeng.com Engineers and Land Surveyors 851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594 | fax: 406-522-9528 October 25, 2016 Bozeman Department of Planning and Community Development Attn: Brian Krueger, Development Review Manager 20 East Olive PO Box 1230 Bozeman, MT 59771 RE: Phase 2 South University District Preliminary Plat Application Dear Brian: Enclosed is a preliminary plat application for the Phase 2 South University District (SUD) Minor Subdivision. The subdivision is to be located on “Block 2” of the South University District master planned area in the REMU zoning district. It will create a single, 16.05-acre parcel for development of another “walk-to-campus” student apartment project. Phase 2 will build on infrastructure completed in the SUD Phase 1 Subdivision, and that proposed for the SUD Phase 1B Subdivision. It is expected that the Phase 1B Subdivision improvements will be completed prior to final approvals of Phase 2. The subdivision will dedicate street rights of way for South 11th, South 14th, and a yet-to-be named east-west street along the south lot boundary. The subdivision will also create an additional 4.66- acres of park to be improved with the lot development. Additionally, this subdivision will formally dedicate the Phase 1 park, which was previously created by easement. The second access to the site will either be an extension of S. 11th Ave to Graf Street., or an extension of Campus Blvd to S. 19th Ave. The decision as to which street will be built to provide a second access to SUD Phase 2 is still under consideration. Please let me know if you have any questions or need any further information. I can be reached at (406) 522-9526. Sincerely, Stahly Engineering & Associates Cordell Pool, PE Associate Principal 236 1 South University District Phase 2 Subdivision Introduction The following Subsequent Minor Subdivision application package is for the third development phase within South University District (SUD) Master Plan area. The subdivision site is currently vacant and is used for agricultural purposes. The subdivision will split Lot 3, an existing 108.28-acre “Restricted” lot, created by the first SUD Phase 1 Minor subdivision, into a 16.05-acre parcel for development 3.32-acres of street rights-of-way, and a 74.87-acre remainder lot subject to further subdivision review. The rights-of-way dedications would extend the South 14 th Avenue and South 11 th Avenue streets from Campus Blvd. and create an additional street on the south side of Phase 2 (currently unnamed) providing a perimeter around the site. Minor Subdivision Phase 1 provided a 9.38-acre (net area) park dedication. Additional parkland area of 4.66 acres (gross) is proposed with this subsequent subdivision. Following the Preliminary Plat Application form and the Preliminary Plat Checklist, a Checklist Addendum is provided. The Addendum explains why items on the Checklist were not provided. Some of the Supplemental Information typically required for subdivision review has been waived because it was submitted with the previous subdivision or with the SUD Master Plan submittal. Waivers to the submittal requirements were granted during the Pre-application process and will be discussed in more detail later. Updated information necessary to analyze the impacts of the subdivision is provided. Project Summary The SUD Phase 2 Subdivision is within the REMU zoned 127-acre South University District Master Plan area. The master development plan for the property was approved by the Bozeman City Commission and amended in November of 2013 (hard copies of the SUD Master Plan are on file with the Planning Department. (See the attached SUD Master Plan Map) An informal site plan has been submitted for this lot, and consists of a student housing project with a retail component in the northwest corner of the site. The lot is well suited for this use due to the close proximity to campus and the high density/group residential emphasis called for in the SUD Master Plan. The development proposed by the informal site plan consists of 268 dwelling units, providing housing to 887 residents. The new units will vary in type to include one, two, and four bedroom flats as well as four and five bedroom townhouse style apartments. 237 2 Given the proximity of the site to campus, it is anticipated that many of the residents will choose to walk or bike to campus. Pedestrian circulation is provided in all directions and is focused to maximize student movement northeast towards the MSU campus. Sidewalks along 11 th Avenue, Campus Boulevard, and South 14th Avenue will connect to the park, as well as Phase 1 and Phase 1B. Access to the parking courtyards will be from multiple access points (six) around the perimeter of the Phase 2 site. The interior drive aisles are in a grid pattern, providing multiple routes and easy circulation. SUD Master Plan Conformance Master Plan conformance can be measured in several ways. First, the proposed use of the Phase 2 Subdivision conforms to the “High Density Residential and Mixed Residential /Commercial” land use designations shown for the project site in the SUD Master Plan Map. Right-of-way dedications for South 14 th Avenue, South 11 th Avenue, and an unnamed street to the south would be completed by this subdivision; in the same locations shown on the Master Plan. The filed covenants for the Phase 1 subdivision already incorporate the Phase 2 area and include the Owner Association bylaws. The Phase 1 covenants were structured after those provided in the Master Plan and establish the overall South University District Property Owners Association, as recommended in the Master Plan. On the site development level, the building styles and functions, and the pedestrian and bicycle circulation solutions are all consistent with the SUD Design Manual in the Master Plan. Altogether, the Phase 2 Subdivision was anticipated by, and is in conformance with, the SUD Master Plan. 238 1 South University District Phase 2 Subdivision Planning Dept. DRC Pre-application Comment Responses The following narration addresses the April 13, 2016 City of Bozeman Design review Committee comments to the Pre-application Plan for the SUD Phase 2 Minor Subdivision of Lot 3. Item 1 from the 4/13/16 letter simply lists the supplemental materials waivers that were granted, and which materials would not be granted. Additional information is provided for the materials that were not waved. Item 2 notes the plat must conform to all requirements of the Bozeman Municipal Code and Uniform Standards for Subdivision Plats. We acknowledge this requirement. Item 3 indicates that Campus Blvd must be fully constructed to South 19 th Avenue prior to final plat approval. Based on recent meetings with the city, the other option that would meet the second access requirement for Phase 2 would be the extension of South 11 th Avenue to Graf Street. At this point in time, it is unknown which of these two street extensions will be constructed. Item 4 requires that restrictions be placed on the remainder parcel of this subdivision. Lot 3A on the preliminary plat has a note that states “Lot development subject to further subdivision review” Item 5 requires that the property contained within the existing and proposed public park easements be formally transferred to the City of Bozeman and indicated on the final plat. A warranty deed transferring ownership will be provided with final plat. Standard Code Provision comment responses 1. Liens or Mortgages against the property: A consent to mortgagee certificate is provided on the preliminary plat. 2. Disposition of Water Rights: The cash-in-lieu of water rights payment will be calculated as part of the Phase 2 final plat process. The amount of water rights needed will be discussed in the preliminary water engineering report provided with this submittal. 3. Neighborhood Centers: The supplemental information provided with this submittal discusses how SUD Phase 2 is addressing the requirement for a neighborhood focal point (a new park pavilion located on the east side of the park 239 2 adjacent to South 14 th Avenue). Please refer to the Preliminary plat supplements and plans for more information. 4. Provide utility easements as per UDC 38.23.060 and provide 10-foot front yard easements unless all utility companies indicate otherwise: Utility easements are shown on the preliminary plat. Easements will be provided in the interior of the lot as determined by the site plan review process. 5. Finish Grade: All finish grades in landscaped areas will comply with the provisions set forth in Section 38.26.050.L (slopes will not exceed 25%). Final plans will include this condition. 6. Mail Delivery: Mail delivery areas will be on-site and located in cooperation with the USPS during site plan development. 7. Street Frontage: The existing covenants for the South University District provided with this submittal require that all developments within the SUD are subject to the most current version of the Bozeman Uniform Development Code, and all “street rights-of-way not used for pavement, curbs, gutters, sidewalks or driveways shall be landscaped and maintained as per Section 38.26.050 E of the UDC.” 8. Waiver of Right to Protest Creation of Special Improvement District for a city wide Park Maintenance District: This waiver was recorded during annexation (Gallatin County document # 2410415 pages 13 and 14) 9. Property Owners’ Association maintenance of areas reserved for open space: There are no common open spaces associated with Phase 2. Phase 2 consists of lots, park, and streets. 10. Sidewalks to be built upon the third anniversary of plat recordation: The existing covenants for the South University District provided with this submittal require sidewalks to be installed no later than the third anniversary of the filing of the final plat. 11. Documents and Certificates, such as covenants, owners’ association bylaws, etc.: Phase 2 is already within the authority of the SUD covenants. The covenants property owners’ association bylaws are imbedded in the covenants. A copy of the filed covenants, Gallatin County Document #2478012, have been provided. 12. Noxious weed plan: A noxious weed plan has been completed and approved by the County Weed Control District. This plan is provided with this submittal. 240 3 13. Certificates listed in Section 38.06.020 through 38.06.110: The required certificates have been shown on the preliminary plat as appropriate. 14. Preliminary Plat requirements outlined in Section 38, Article 41: All required information has been provided with this submittal. 15. Preliminary Plat to be submitted within one year of the Pre-application comments, which are dated 4/13/16: The Preliminary Plat has been submitted prior to expiration of the anniversary date. Engineering Dept. DRC Pre-application Comment Responses 1. Sewer capacity will not be available for the proposed project until the “South University District” Category 1 sewer main improvement project is complete: This sewer project is currently under construction. We acknowledge the requirement for this project to be completed prior to final plat approval. 2. Easement for the extension of South 11 th Avenue required: currently, a 45’ wide public street and utility easement exists on the west side of S. 11 th . We acknowledge that an additional 45’ wide easement is needed from the owner on the east side of South 11 th . 3. Coordination of the street cross section design of South 11 th to Graf Street with the City: The cross section provided for South 11 th Ave in the plans provided with this submittal show a standard collector street cross section (48’ width) that also is in accordance with the SUD Master Plan. The proposed street section consists of two 10’ driving lanes, two 5’ bike lanes, and 8’ parallel parking on each side. No median is proposed. 4. Extension of Campus Blvd for secondary access: The second access to the site will either be an extension of S. 11 th Ave to Graf Street., or an extension of Campus Blvd to S. 19 th Ave. The decision as to which street will be built to provide a second access to SUD Phase 2 is still under consideration. 5. Easement or guarantee of dedication for the roundabout at the future intersection of Campus Blvd and 17 th Ave: If Campus Blvd. is chosen as the second access, this easement will be provided by an exhibit to be recorded and referenced in the final plat. 6. Easement for the future extension of 14 th Avenue: A seventy foot wide public street and utility easement is shown on the plat. A 30’ easement for Arnold Street has also been added to the plat. 7. Intersection of South 7 th Ave and Kagy Blvd: From our discussions with the city, this comment is not applicable to this project due to the improvements to this intersection that will be completed by a planned CIP project. 241 4 8. The Conditions of approval for the SUD master Site Plan outlined in letter from Brian Krueger, dated April 17, 2012 are applicable to this project: The majority of these conditions will be addressed at the time of Site Plan submittal. The response to the following items 9, 11, and 14 pertain to the preliminary plat review and are as follows: 9. Comprehensive Lighting Plan needed: A lighting plan including photometrics and cut sheets have been included with this submittal. 11. Cash in lieu of water rights, payback districts, off-site infrastructure improvements, and waivers of right to protest will be evaluated with each phase at the time of development: The cash-in-lieu of water rights payment will be calculated as part of the Phase 2 final plat process. Payback districts, if determined applicable during review by the city, may be needed. We acknowledge this potential. Offsite Infrastructure Improvements needed for this subdivision are discussed in the preliminary engineering reports provided with this submittal. The Waiver of Right to Protest Creation of Special Improvement District for a city wide Park Maintenance District was recorded during annexation (Gallatin County document # 2410415 pages 13 and 14) 14. Proposed street widths, curb, gutter and sidewalk details will be reviewed: Typical Street Sections and Civil Site Details plan sheets have been provided with this submittal. 9. Vision Triangles: Vision triangles are displayed at intersections and drive accesses in the plan sheets provided with this submittal. 10. Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Kagy Boulevard including paving, curb/gutter, sidewalk, lighting and storm drainage. b. Street improvements to South 11 th Avenue including paving, curb/gutter, sidewalk, lighting and storm drainage. c. Intersection improvements to the intersection of South 11 th Avenue and West Kagy Boulevard. 242 5 d. Intersection improvements to the intersection of South 7 th Avenue and West Kagy Boulevard. We acknowledge the requirement for filing Waivers of Rights to Protest Creation of the above mentioned SID’s. These waivers will be provided on the final plat. 243 1 South University District Phase 2 Subdivision Section I. Supplemental Material and Commentaries The following additional supplemental information has been prepared in accordance with section 38.41.060 of the Unified Development Code of the City of Bozeman. Appendices provided with this submittal contain detailed studies, plans, design reports and other documents which are referenced throughout this section. Some of the Supplemental Materials have been waived because this Phase is part of a larger subdivision that has already been approved. The items that have been waived by the City are listed first. The waivers were granted in the April 13, 2016 Phase 2 Minor Subdivision pre-application letter. Following the list of waived items is a narration pertaining to the submittal items that were not waived. Supplement Items Waived (numbers correspond to checklist item numbers): 2. Floodplains 3. Groundwater 8. Agriculture 14. Educational Facilities 15. Land Use 19. Miscellaneous Additional Subdivision Preliminary Plat Supplements – UDC Section 38.41.060.A. 1. Surface Water The South University District (SUD) Master Plan shows all surface waters located on the property. The Phase 2 lot does not contain any surface water or wetlands. Wetlands exist in the proposed parkland as delineated with the South University District Master Plan and Phase 1 Minor Subdivision. The wetlands in the proposed park will not be disturbed. The MSU irrigation supply ditch exists within the South 11 th right-of-way. This ditch will be re-routed or piped so as to keep it in the 90-foot right-of-way as per the SUD master Plan. 4. Geology, Soils and Slopes There are no significant geologic or topographic features or steep slopes within the site. A Preliminary Geotechnical Report for the South University 244 2 District was submitted with the SUD Phase1 Minor Subdivision showing soil constraints typical of Bozeman. This report is provided with this submittal. Prior to development on the Phase 2 lot, a detailed geotechnical evaluation will be conducted for building foundation design. 5. Vegetation The vegetation on the South University District property has been extensively altered by agricultural use of the property, and the Phase 2 lot is within tilled ground. The most critical plant communities within South University District exist in the wetlands along Mandeville Creek. These areas will remain protected in the master planned park. Irrigated lawn area in the Phase 2 Park will remain outside of the wetlands, as well as Zones 1 and 2 as shown in the Landscape Plans provided with this submittal. Proposed trail extensions will be constructed outside of Zone 1. 6. Wildlife Due to past agricultural uses and proximity to town, wildlife use of the property is low. Occasional white-tailed deer and small mammals are present on the property and waterfowl sometimes utilize the waterways on the nearby Mandeville Creek. The most significant wildlife habitat near the property is the wetland areas. These areas are protected within the park and the trees and shrubs added with the park landscaping will increase the wildlife value of these areas. Due to the size of the master planned park, impacts to wildlife due to pets and human activity can be accommodated as much as possible in an urban setting. 7. Historical Features A Cultural Resource study was conducted for the SUD Master Plan. The study found no significant cultural, historic, or archaeological features. If any are found the study recommends that the study author be contacted. The Cultural Resources Evaluation is provided in the appendices for reference. 9. Agriculture Water User Facilities As previously mentioned, an MSU irrigation ditch lies within the South 11 th right-of-way on the east side of Phase 2. This ditch is planned to be piped within the South 11 th Avenue right of way. None of the other water user facilities located on the 88-acre remainder parcel (undeveloped portion of Lot 3 of the SUD Phase 1 Minor Subdivision) will be altered. 245 3 10. Water and Sewer Preliminary Design Reports for Water and Sewer mains for Phase 2 of South University District are included with this submittal. In general, water supply will be provided to Phase 2 by extensions of water mains that exist along South 11 th Avenue, and along Campus Blvd. The mains along Campus Blvd are partially completed from the SUD Phase 1 project, and will be extended as part of the SUD Phase 1B project. Water mains for Phase 2 will be provided in the subdivision streets, looping around the Phase 2 subdivisoin. Lot development will require extension of water mains within the Phase 2 lot. Sewer is proposed to be provided by connection to a proposed sewer main extension that will connect at a point along West Lincoln Street and Willow Way. Lot development will require sewer main extensions from South 14 th and Campus Blvd. . 11. Stormwater Management A preliminary Storm Water Plan is provided with this submittal. Phase 2 will utilize a trunk storm drain that was installed in Campus Blvd in Phase 1, and was sized to handle the development of Phase 2. Additional storm sewer mains are provided throughout the Phase 2 site which will connect into the existing infrastructure. The detention basin located in the existing SUD Park was sized to handle storm water for Phase 2, and was constructed as part of the Phase 1 improvements. 12. Streets, Roads and Alleys Phase 2 will dedicate rights-of-way for South 11 th Avenue, South 14 th Avenue, and an unnamed street at the southern boundary of Phase 2. These streets will be constructed as part of the Phase 2 subdivision improvements. The proposed street sections are in accordance with the SUD Master Plan. South 14 th Avenue is proposed to be a 45’ wide “local plus” street, which is a local street with bike lanes. The southern street will be a local street with a 35’ width to better accommodate on-street parking. Campus Blvd and South 11 th Ave will have identical street sections, with 10’ driving lanes, 5’ bike lanes, and 8’ parallel parking spaces. SUD has provided dedication or easement for their portion of the right-of- way for S. 11 th Ave. Easements for the east side of South 11 th will be needed from the adjacent property owner. A second access will be provided to Phase 2, as required in the City of Bozeman comments to the Phase 2 Subdivision Pre-application. This 246 4 access could be either an extension of Campus Blvd to South 19 th Ave, or an extension of South 11 th Ave to Graf Street. It is unknown at this time which street will be extended to provide this second access. A Traffic Impact Study is provided with this submittal. 13. Utilities Utility easements will be provided around the perimeter of the Phase 2 lot. Utilities were installed to Phase 2 as part of the Phase 1 development. The utility easements will allow for extension of utilities to Phase 2 and subsequent development phases. Utilities will be installed underground, with installation occurring at the time of lot development. 16. Parks and Recreation Facilities A complete parks plan was included with the South University District Master Plan. The SUD Phase 1 Minor subdivision dedicated a 9.38 acre park easement, which is the first portion of the large, central, master planned park in accordance with the Master Plan Park Plan. Phase 2 will dedicate 4.63 acres of additional park easement to fulfill the site development’s park requirements. The park improvements will be constructed with the site development. The SUD Master Plan design guidelines call for the total park requirements and dedication to be tracked at each development phase. An brief narrative and update to the parkland tracking table is provided below: Parkland requirements in accordance with UDC Section 38.27.020.A.1.d require 575 square feet of park per person at a maximum of 27 persons per net acre. At this allocation, Phase 1 requires 3.5 acres of park, Phase 1B requires 1.3 acres of park and Phase 2 requires 5.72 acres of park for a total park requirement of 10.52 acres. The Phase 1 park total area is 9.38 acres. Subtracting wetlands, watercourse setbacks, and storm water facilities yields a net improved park area of 6.73 acres. The proposed Phase 2 park total area is 4.66 acres. Subtracting wetlands and water course setbacks yields a net improved park area of 3.86 acres. The total improved park area is 10.59 acres, exceeding the combined dedication requirement. 247 5 SUD Master Plan Park and Open Space Dedication Tracking Table *Note: As per Bozeman UDC Section 38.27.020.A.1.d., the park dedication requirement is calculated by assuming 27 persons per net residential acre times 575 square feet per person. For instance, the requirement for SUD Phase 1 Stadium View student housing project is 9.82-acres X 27 persons/acre X 575 sf /person / 43,560 sf / acre = 3.4999. **Other required open space includes areas such as detention/retention areas, water courses, wetlands, and wetland setbacks that cannot be used to satisfy park dedication requirements. 17. Neighborhood Center Plan The SUD Phase 2 subdivision will create a single 16-acre lot for development of a student housing project. This development is within the SUD Master Plan whose neighborhood center will be essentially the central park complex. The existing park that was constructed during Phase 1 will be expanded by 4.66 acres (3.86 acres net) by the development of Phase 2. The park improvements for Phase 2 include a proposed a park pavilion located on the east side of the park, as well as expansion of the trail system (approximately 1400’) on the perimeter of the new park area. As future phases of the South University District are SUD Phase Estimated Gross Lot Area (Acres) Estimated Net Residential Area Park Acreage Required* (Acres) Net Park Acreage Dedicated (or by easement) Cash-in-lieu payments or improvements Other Required Open Spaces** Total Park and Open Space Dedication Date of Park Dedications or Easement Ph 1 Lot 1 9.82 9.82 3.50 6.73 0 2.65 9.38 3-31-14 (Dedication) Ph 1B Lot 2A 6.41 3.66 1.30 0 0 0 0 n/a 6 developed, the neighborhood center/central park complex will continue to expand in accordance with the SUD Master Plan. 18. Lighting Plan Street lighting is proposed for the extension of South 11 th Avenue, as well as at the street intersections and site accesses on South 14 th and the unnamed street on the south. Street lighting cut sheets and photometric analysis plan sheets are provided with this submittal. 20. Affordable Housing By our understanding, the affordable housing ordinance does not apply to student apartments. 249 FINAL MASTER PLAN 4 SITE MAP 250 251 252 BLOCK II - 163 BEDS (43 UNITS) 161 SPACES (27 COVERED) BLOCK IV - 138 BEDS (41 UNITS) 128 SPACES (18 COVERED) BLOCK VI - 150 BEDS (45 UNITS) 151 SPACES (32 COVERED) BLOCK III - 110 BEDS (30 UNITS) 130 SPACES (12 COVERED) BLOCK V - 148 BEDS (55 UNITS) 162 SPACES (40 COVERED) BLOCK I - 178 BEDS (54 UNITS) 186 SPACES (48 COVERED) HC HC HC HC HC HC HC HC HC HC HC HC HC HC HC HC HC HC CAMPUS BLVD. S. 14TH AVE. S. 13TH AVE. S. 11TH AVE. S. 12TH AVE. UNNAMED STREET PROPOSED TRAIL PROPOSED TRAIL PHASE 2 PARK 4.63 ACRES TOTAL 3.86 ACRES NET PHASE 2 PARK BOUNDARY PHASE 1 PARK 9.38 ACRES TOTAL 6.73 ACRES NET REMAINDER PARCEL 88.91 ACRES PROPOSED TRAIL EX. WETLAND MANDEVILLE CREEK THIS DRAWING IS THE PROPERTY OF NEQUETTE ARCHITECTURE & DESIGN INC. AND IS NOT TO BE REPRODUCED, COPIED OR ALTERED IN WHOLE OR IN PART OR USED WITHOUT THE APPROVAL OF NEQUETTE ARCHITECTURE & DESIGN, INC, AND IS TO BE RETURNED UPON REQUEST. R E V I S I O N S Drawn by: Checked by: TAC TAC JOB NUMBER 16027 BOZEMAN, MONTANA BOZEMAN Lofts and 10 AUG 2016 SUBMISSION INFORMAL Townhouses South 11th Avenue Bozeman, Montana PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE PROP. LINE (31' PUBLIC ACCESS AND UTILITY EASEMENT (31' PUBLIC ACCESS AND UTILITY EASEMENT 4 BED TH (3 STORY) BLOCK II - 163 BEDS (43 UNITS) 161 SPACES (27 COVERED) 10 Spaces 9 Spaces 10 Spaces 10 Spaces BLOCK IV - 138 BEDS (41 UNITS) 128 SPACES (18 COVERED) BLOCK VI - 150 BEDS (45 UNITS) 151 SPACES (32 COVERED) 8 Spaces CENTRAL GREEN CENTRAL GREEN BLOCK III - 110 BEDS (30 UNITS) 130 SPACES (12 COVERED) 6 Spaces 6 Spaces BLOCK V - 148 BEDS (55 UNITS) 162 SPACES (40 COVERED) 7 Spaces RETAIL (1 STORY - 1800 SF) BLOCK I - 178 BEDS (54 UNITS) 186 SPACES (48 COVERED) 12 Spaces 13 Spaces RETAIL (1 STORY - 1750 SF WITH 1750 SF ROOF TERRACE) RETAIL (2 STORY 700 S.F.) 2ND FL. BALCONY/ CORRIDOR (TH ENTRANCES) 4 BED TH OVER CLUB SPOOL 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: DEVELOPMENT REVIEW COMMITTEE FROM: MITCH WERBELL, ASSISTANT PLANNER RE: SOUTH UNIVERSITY DISTRICT PHASE 2 MINOR SUBDIVISION PRE-APPLICATION 16103 DATE: APRIL 13, 2016 ---------------------------------------------------------------------------------------------------------- Project Description: A subsequent Minor Subdivision Pre-Application to further subdivide an existing 19.37 acre tract within the South University District Subdivision into one residential emphasis mixed-use lot and rights of way. Project Location: Property generally located southeast of the intersection of South 11th Avenue and Campus Boulevard, legally described as Lot 3, Phase I, South University District Subdivision, situated in the Northwest One-Quarter (NW ¼), Section 24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Grant waivers as recommended in this memorandum. The City of Bozeman Department of Community Development has considered the minor subdivision pre-application plan review for Phase 2 of the South University District Subdivision. The application proposes a second Minor Subdivision to subdivide one existing lot of approximately 19.37 acres into one lot for multi household development and rights of way. The following comments are offered for consideration: Planning: 1. A waiver to the supplemental information under 38.41.060, BMC is recommended to be granted with this pre-application plan review for: 2) Floodplains 3) Groundwater 8) Agriculture 14) Educational facilities 15) Land use 19) Miscellaneous 255 Waivers to the supplemental information under 38.41.060, BMC recommended to not be granted include: 1) Surface water 5) Vegetation 4) Geology, soils, and slopes 6) Wildlife 7) Historical features 9) Agricultural water user facilities 10) Water and sewer 11) Stormwater management 12) Streets, roads and alleys 13) Utilities 15) Land use 16) Parks and recreation facilities 17) Neighborhood center 18) Lighting plan 20) Affordable housing All applicable information related to the above and listed in 38.41.060 BMC for review are required with the preliminary plat application 2. The plat must 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). 3. Campus Boulevard must be fully constructed to South 19th Avenue prior to final plat approval. 4. General regarding Lot 3. The remainder of the South University District Minor Subdivision, Phase 2 of ______________________(insert legal description) must be platted as an undevelopable lot 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 lot unit 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 256 final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 3, of the South University District Minor Subdivision, Phase 1, 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 Lot 3, of the South University District Minor Subdivision, Phase 1, 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.” 5. The property contained within the existing and proposed public park easements must be formally transferred to the City of Bozeman and indicated on the final plat. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) must transfer ownership to the City of all dedicated parkland proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, 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. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon dedicated parkland or City owned open space, the subdivider must provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. STANDARD CODE PROVISIONS The preliminary plat must comply with the standards identified and referenced in the Unified Development Code. 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 deviation or other relaxation of the lawful 257 requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and shall be addressed with the preliminary plat application: 1. Per Section 38.06.030 Mortgagee. If there are liens or mortgages against the property the appropriate Mortgagee certificate must be included. 2. Section 38.02.050 Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 3. Section 38.23.020 Neighborhood Centers. – The supplemental information will need to discuss how this phase of the South University District Subdivision will address the requirement for a neighborhood focal point in addition to the standard requirements for boulevard street trees, irrigation, seeding, sidewalks, etc 4. Section 38.23.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 5. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas shall comply with the provisions set forth in Section 38.26.050.L. 6. Section 38.23.120, if mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. 7. Section 38.26.050.E Street Frontage. The property owners’ association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and 258 there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 8. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation or prior development. 9. Section 38.38.020 “Property owners’ association”- All areas reserved for open space and other common areas (i.e., storm water facilities to be owned and maintained by the property owners’ association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. 10. 38.39.030.B.2 Sidewalks. The final plat and property owners’ association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.” 11. Section 38.41.50A.5 Documents and Certificates. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owner’s association shall be submitted with the preliminary plat application for review and approval by the Community Development Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep and maintenance of common open space areas, mail delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code. 12. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat. 13. Section 38, Article 6. The certificates listed in Section 38.06.020 through 38.06.110 shall be shown on plat and certificates of survey, as appropriate. 14. Section 38, Article 41. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. 259 15. A complete preliminary plat application must be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail. Preliminary Plat Submittal Requirements: Four application forms are required for all Preliminary Plat Applications. These documents detail all submittal requirements and each form must be completely filled out and included with each digital copy of the submittal packet. The forms include and are attached for reference. Required Applications 1. Form A1 - Development Review Application 2. Form PP – Subdivision Preliminary Plat Required Materials 3. Form PP1 – Subdivision Preliminary Plat Checklist 4. Form N1 – Noticing Materials Optional Applications (if necessary) 5. Form SVAR – Subdivision Variance Application Note: The comments and advice contained in this DRC memorandum are intended to assist the applicant in preparing the subdivision preliminary plat application. However, further comments and/or recommendations on matters not discussed during the informal view may arise based on the information and supplemental data provided with the formal applications and applicable comments provided by local and state agencies. 260 CITY OF BOZEMAN ENGINEERING DEPARTMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2280 fax 406-582-2263 skohtz@bozeman.net www bozeman net MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------ TO: DEVELOPMENT REVIEW COMMITTEE, MITCH WERBELL FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER RE: SOUTH UNIVERSITY DISTRICT PHASE 2 MINOR SUBDIVISION PRE- APPLICATION DATE: 3-30-16 ------------------------------------------------------------------------------------------------------------------------------ The following comments pertain to review of the submitted materials for the above referenced project: Standard Comments 1. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to final plat approval. Site Specific Comments 1. Sewer capacity will not be available for the proposed project until the “South University District” Category 1 sewer main improvement project is complete. That sewer main improvement must be complete prior to final plat approval. The sewer improvement is defined in the City of Bozeman (COB) Wastewater Collection Facilities Plan Update. 2. The application materials indicate that an easement does not currently exist for extension of South 11th Avenue on the east side of the street. Per the current City streets policy, the full street section must be constructed to the southern property boundary prior to final plat approval. Right-of-way or an easement must be obtained for the eastern portion of the street. The City is currently designing South 11th Avenue from Graf Street to the southern property boundary of the South University District property. It is likely that the property owner on the east side of S. 11th Avenue will provide the necessary easement. 3. The applicant shall coordinate the street cross section design with the City’s design for extension of South 11th Avenue to Graf Street. The City prefers not to have a median as the remainder of South 11th Avenue will not have a median. 261 Page 2 4. Campus Boulevard shall be extended from South 11th Avenue to South 19th Avenue to allow a secondary emergency ingress and egress to the project as well as improve the transportation network in this critical area. 5. An easement, or appropriate guarantee of dedication, shall be provided to accommodate the roundabout at the future intersection of Campus Boulevard and 17th Avenue per the South University District Master Plan. 6. An easement shall be provided for the future extension of 14th Avenue to the southern property boundary at Arnold Street. 7. The intersection of South 7th Avenue and Kagy Boulevard is within one half-mile of the proposed project and has been identified as operating at a level-of-service (LOS) less than “C.” BMC Section 38.24.060.B.4 states that all arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C". Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. This intersection must be upgraded to a minimum LOS of “C” prior to final plat approval unless a variance is granted for this condition. 8. The Conditions of Approval for the South University District Master Site Plan outlined in the letter from Brian Krueger, dated April 17, 2012 are applicable to this project. Those conditions will not be repeated in this memorandum. 9. Vision triangles shall be indicated on the site plan for drive accesses and intersections per Bozeman Municipal Code (BMC 38.24.100). 10. If not already filed, the applicant shall 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 Kagy Boulevard including paving, curb/gutter, sidewalk, lighting, and storm drainage. b. Street improvements to South 11th Avenue including paving, curb/gutter, sidewalk, lighting, and storm drainage. c. Intersection improvements to the intersection of South 11th Avenue and West Kagy Boulevard. d. Intersection improvements to the intersection of South 7th Avenue and West Kagy Boulevard. The document filed shall 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 said 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. CC. ERF Project File 262 263 264 265 266 J-518 AfterRecordingReturntd: Susah B.MMmley, Attorney atLaw 1807West Dickerson,UnitB Bozeman, MT 59718 2478012 Page:1 of 11 94/0812014 11:29:0A0M Fee:$11.00 CharlottMeills- GallatinCountyNT MISC SOUTH UNIVERSITY DISTRICT PROTECTIVE AGREEMENTS BINDING ALL PROPERTY OWNERS (COVENANTS, CONDITIONS AND RESTRICTIONS) BACKGROUND RTR II,LLC, a Montana limited liability company ("Declarant")isthe ,owner ofthe realproperty described on Lots 1,2 and 3 ofthe FinalSubdivision PlatforSouth UniversityDistricPthase 1, Minor Subdivision,depicted on ExhibitA-1, attached hereto and made a parthereoffor allpurposes. Lots 1,2 and 3 are subjecttothe terms, conditionsand obligations set forthinthese ProtectiveAgreements (the"CC&Rs"). Lots 1,2 and 3 of the FinalSubdivisionPlatforSouth UniversityDistricPthase 1,Minor Subdivisionarealsoreferredtoas South University Distric(t"SUD"), being a master planned development inthe City of Bozeman, GallatinCounty, Montana. From time to time,additional propertymay be annexed into, made a part of and subjecttothese covenants by Declarant through a recorded amendment tothese CC&Rs thataffirmativeleyxtends the terms, conditionsand obligations ofthese CC&Rs to such additionaltractof land,the legaldescriptionofwhich issetforthinsuch amendment. PARTIES BOUND Whether individualloyr through membership in a sub-association,allowners of property (collectively, the "Owners") within the SUD that have been subjected to the terms and conditions of these Protective Agreements Members of the Association shallbe individualowners of respective tractsor one or more sub-associationsrepresentingmultiple individualowner(s) of lotsor unitswithin a tractcreated by subdivision,condominiumization, or phases of a SUD property(each individualOwner or sub-associationbeing a "Member", but the multiple owners of tracts represented by a sub-association Member shall, individually, not be a Member of the Association although they take their respectiveproperty,lotor unitsubject to the terms hereof). In no event shall multipleowners of a single tractbe granted additional voting rightsby virtueof the tract being owned by multiple parties. Notwithstanding the foregoing,any person or entityholding a property as securityforthe performance of any obligationshallnot be a Member and there shallbe no more than one Member for any property held jointly.For the purposes of the overallSUDPOA, individualproperty owners and member sub-associationswillbe represented by a Board of Directors(the "Board") who are appointed or elected as provided for herein and subject to the respectiveBylaws. PURPOSE The purposes of these covenants, conditionsand restriction(sthe "CC&Rs") are threefold1):to protectand maintain, over time,propertyvalues,the development vision of the Declarant and to assure compliance with the goals and objectivesof the SUD as provided in the most current version of the adopted SUD Master Plan, SUD Design Manual (the "Design Manual") and other standards stated herein; 2): establish an overallOwners associationto which allfuturesubdivisions,phases, developments and sub-associationswithinthe SUD belong and; 3): provide a framework forthe various subdivisions,phases, developments and/or the members of the Association and the Association policies and functions at the then established rate and method of assessment as has been determined by the Board. As other propertieswithinthe SUD are subjected to these CC&Rs, thisdocument willbe amended to describe and to ideorporatesuch properties. AGREEMENTS The terms, conditions, provisions and restrictions in Part A below are a requirement of the City of Bozeman and may not be amended, altered,modified or rescinded with the consent of the governing body of the City of Bozeman and the SUDPOA. Part A. Permitted Uses and Use Restrictions: 1. Permitted Uses and Use Restrictions:Permitted and restricteduses shall be those defined by the Residential Emphasis Mixed-Use Zoning Districotr the most currentzoning of the annexed property according to the City of Bozeman Unified Development Code and the most currentversion of the adopted South UniversityDistricMtaster Plan and Design Manual. 2. Agricultural Water User Facilities:An agricultural water user facility crosses the SUD and is operated by a ditch company also referredto as a district.AH owners of realproperty withinthe SUD acknowledge and accept that the owner of real property, private person with rights and entityor person operating irrigation ditchon behalf of a water rightholder or ditch company isnot liablefor a. personal injuryor property damage occurring on or withinthe real property subject to these covenants resulting from floodwaters caused by rainfalolr other weather conditionsor acts of nature; b. personal injuryor property damage occurring on another's land, whether in the SUD or not, and caused by water seepage that existed or began before the injured person firstarrived on or obtained an interestin the land or before the e. No change or modification may be made to this AgriculturaWlater User Facilitycovenant without writtenconsent of the Middle Creek DitchCompany and the person(s) legallyentitledtothewater under the appropriatewater rightor permit of the district or privateperson or entityto holding the water rightor providingthe water rightover and across the SUD. 3. AH property owners withinthe SUD acknowledge that they have no right ,title or interestof any kind with respect to any waters located withinthe Middle Creek ditchas such waters are conveyed through the conveyance system(s) crossing the real property withinthe SUD unless the same is allocatedand permitted by ownership of shares in the Middle Creek Ditch Company or by any other permitted appropriateofwater rights. 4. Weed Management. The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual owners on their respective lots shall be as required by the Montana Noxious Weed Control Act (7-22-2101, MCA through7-22-2153, MCA, as amended) and the rules, regulations and management plans of the Gallatin County Weed Control District.Both unimproved lotsand improved lotsshallbe managed for noxious weeds. In the event that a landowner does not controlnoxious weeds after10 days noticefrom the Association,the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shallbe assessed to the lotand such assessment may become a lien,subordinate to the (b) At such time as the Declarant and/or his assigns hold no ownership interestin the SUD, the three initial Director positionswillbe relinquishedfrom theirseats on the Board. By electionor appointment, the five development blocks willbe allowed two Directorseach and these willappoint an eleventh Directorto maintain an odd number of Directors.Ifat any time there isa vacancy in a respective development Block's Directors,untilsuch vacancy is filled,the remaining Directorshallhave two votes. 2. Officers:The Board shallelectfrom itsranks a President to preside over meetings and a SecretaryfTreasurer to maintain records of allproceedings, records and finances. These officersmay hire or appoint assistantsto carry out theirday to day duties. 3. ARC: The Board shall appoint a three member architecturalreview committee (the "ARC") to review conformity of subdivision,site plan and building proposals with the Design Manual. The members of the ARC need not be Owners. The ARC shallfollowthe review guidelinesprovided inthe Design Manual and does not have the authorityto withhold approval of any proposal that is in conformity with the Design Manual. The ARC may cede itsreview authority to other Owner Associations subsequently created for projects within the SUD future development blocks. Vacancies on the ARC shallbe fillebdy the Board. 4. Board of Directors:Decisions ofthe Board shallbe made by majorityvote of the Directors. Any Directorshallbe entitledto provide his proxy, for all purposes. The rulesofgovernance of the Association shallconform to the by-laws when they are promulgated and, ifnecessary, filedinthe publicrecord. common improvement. Any unpaid Annual or Special Assessment shallbe alien upon the property owned by such defaulting Member and may be collected by judicial process, includinglienforeclosure,together with reasonable attorney'sfees; however, any such lienis specifically subordinate,juniorand inferior to (i)any assessment, lienor charge infavorofthe State of Montana or any political subdivisionthereof; (ii)allliens securing sums due or to become due under any duly recorded and validFirst Mortgage Lien;and (iii) any other lienor claim to which the Directorsof the Association,in their sole discretion,agreed to subordinate thislien.For purposes hereof,a First Mortgage Lien isa purchase-money lien, constructionmoney mortgage or deed of trust lien,or a refinancingof those liensand of any previouslyrefinanced lien,voluntarilygranted on any property inthe SUD that is subject to the terms of these CC&Rs that isrecorded before the date on which the assessment sought to be enforced becomes delinquent under these CC&Rs or amendments or modificationsto it. Funds advanced under a First Mortgage Lien for purposes in addition to purchase money, construction or refinancingshallalso have priority over the liensecurity assessments. AII common propertiesowned by the Association or dedicated to any political subdivisionshallbe exempted from assessments and lienscreated herein. 6. Funds/Accounts: The Association shallmaintain separate funds for the payment of common expenses and the collectionof assessments. 7. Tracking Uses: Based on the trackingtables provided withinthe Master Plan and in cooperation with the City of Bozeman, the Board shalltrackthe amount of commercial uses withinthe SUD based on acreage or square footage,trackthe amount of parkland dedicated 2. Required Approvals: No structureshall be constructed without the final approval of the ARC as provided in the Design Manual and the City of Bozeman. Approval by the ARC does not imply or substituteforapproval by the CityofBozeman. 3. Plan Submissions. Where the owner of a propertysubject to the terms of these CC&Rs desires to construct improvements on the property,as defined by the Design Manual, itshallsubmit a plan of the proposed work to the ARC. The plan shall include the elements for review outlined in the Design Manual to allow the ARC to evaluate the suitability of the proposed work. The ARC, by majorityvote shall,within not to exceed thirty(30) days afterreceipt,review the plan for compliance with the Design Manual and approve, conditionallyapprove or deny it-this process shall continue untilthe ARC approves the respective plan or the Owner elects to not re- submit the Plans forARC approval. Ifthe ARC failsto approve, conditionallaypprove or deny a plan withinthe foregoing time period,the plan shallbe deemed to have been approved. Time isofthe essence herein. 4. Liability.Neither Declarant, the Association,the Board and itsDirectors, and the ARC and itsmembers shall be liablein damages or otherwise to anyone submitting plans and specifications for approval or to any owner of land affected by these CC&Rs by reason of mistake ofjudgment, negligence, or nonfeasance arisingout of or in connection with the approval or disapproval or failureto approve or to disapprove any such plans and specifications.Furthermore, no approval of any plans Part F. Amendments: Amendments to parts of these CC&R's not requiredtobe approved by the Cityof Bozeman may be completed by a 2/3rds vote of the Board of Directors.Amendments to partsofthese CC&R's thatare requiredby the Cityof Bozeman may be completed by a 2/3rds vote of the Board of Directors and approval by the City of Bozeman. Notwithstanding the foregoing,any amendment to the method of levyingassessments, selectingDirectorsforthe Association, the subordinationofthe Association'slien,or the method of amending these CC&Rs shallalso requirethe affirmativevotes of 2/3rds of the Members of the Association. AII amendments must be filedin the officeof the Gallatincounty Clerk and Recorder. Part G. Duration: These CC&Rs and the covenants, restrictions, charges and liensset out herein shallrun with and bind the land, and shallbe enforceable by the Associationfora term beginning on the date that these CC&Rs are recorded and continuing through and includingDecember 31, , afterwhich time these CC&Rs shallbe automatically extended for successive five (5) year periods unless 2/3rds of the Members of the Association (and Declarant ifitstillowns lands within the SUD that are not yet encumbered by these CC&Rs) vote in person or by proxy to not furtherextend the durationhereof. IN WITNESS WH REOF, the undersigned has executed these CC&Rs as of the Z8 day of Mr ,201 . Declarant: RTR II,LLC, a Montana limited liability company By: Three River Capital,LLC, member By: Name: 6=ok & ete.cli Title: ft+\ .eL STATE OF ) :ss County of ) On this day of , 201 , before me, IN WITNESS WHEREOF, Ihave hereunto set my hand and affixedmy Notarial seal the day and year firsatbove written. Notary Publicforthe State of Montana [printedname] Residing at Montana My Commission expires: (SEAL) 9 v6sbs 275 ACKNOWLEDGMENT StateofCaliforla County of LA ) On (E 8, beforeme, A( Otry (insertname and titloeftheofficer) personallyappeared , . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribedtothewithininstrumentand acknowledged to me thathelsheltheyexecuted the same in his/her/their authorizedcapacity(ies)and , that by his/her/their signature(s) on the instrumentthe person(s),or the entityupon behalfofwhich the person(s)acted,executed the instrument. Icertifuynder PENALTY OF PERJURY under the laws oftheStateofCalifornitahattheforegoing paragraph istrueand correct. IIIIIIIIIIIIIllilllillillllfilllIIIIIIII ERICAEICHHORN g WITNESS my hand and official seal. Commission a 2028293 5 Nolary Public - Califomia MarinCounty My Comm.Expires Jun 9,2017E MillumillmilliallumilliallillinsIIIIIIIII Signat . eal) 276 Exhibit A-1 FINAL SUBDIVISION PLAT ~- SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION .. Lace led in the SW1/4 of 813 & the NW1/4 824, 728. R5E, P.M.M., City of Bozeman, Gallatin Caunty, MT. * 2410 4) I I I I er &3 .s ship No 2 I E. put I Soc. 7 R FiNAL SUBDMBION PLAT so m. .r so 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 10-12-16 294 10-12-16 295 296 297 RFM_Spec en 05/16 page 1 of 4 The Philips Lumec RoadFocus LED Cobra Head luminaires feature a sleek design that provides seamless replacement of existing HID luminaires. RoadFocus is available in three sizes, offers multiple lumen packages, and a complete array of optical distributions, making it an outstanding solution for all types of roadway applications. Roadway RoadFocus RFM : 72, 108 and 160 W Ordering guide example: RFM-72W32LED4K-T-R2S-UNIV-DMG-AST-FAWS-RCD-SP2-PH8XL-GY3 Luminaire RFM LED Module Optical System Voltage Driver and Dimming Wattage Switch Twist-Lock Receptacle Surge Protection Luminaire Options Finish RFM RoadFocus Medium 72W32LED4K-T or 108W32LED4K-T2,4 or 108W48LED4K-T or 160W48LED4K-T2,4 R2S Type II Short R2M Type II Medium R3S Type III Short R3M Type III Medium 4 Type IV 5 Type V UNIV 120-277VAC HVU 347-480VAC Standard: DMG1,6 Dimmable driver 0-10V Optional: AMPD2,4,5,6 Amplight Dimming Dynadimmer Economy Profile CDMGE252,4,5,6 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 1 INTRODUCTION The following narratives serve as a summary report of operational impacts that could be associated with the proposed Phase 2 development of the South University District, herein referenced as the SUD Phase 2 development. The narrative figures and appendix encompass all intersections that would potentially be impacted by Phase 2 development, including all intersections between arterial and collector streets within a 0.5-mile radius of the development. PROPOSED SITE DEVELOPMENT The proposed development property is located south of Kagy Boulevard with the northern boundary parallel to Campus Boulevard; the eastern boundary located along S 11th Avenue; the southern boundary along undeveloped property; and the western boundary along S 14th Avenue, as shown in Figure 1. Phase 2, Lot 1 is within a large tract of land known as the South University District, which is located South of 19th Avenue and south of Kagy Boulevard. The development will be known as the Bozeman Lofts and Townhomes (“Lofts”) and will be built on a 16.05-acre parcel. The apartments will contain 887 bedrooms in 268 apartment units. The apartments will be nearly identical to those contained in SUD Phase 1, which is located south of Phase 2. In addition to the apartment complex, there would be approximately 3,550 square feet of retail space containing complimentary commercial businesses. This Traffic Impact Study (TIS) addresses potential impacts associated with full development of both residential and commercial land uses within the Phase 2 property boundary. Access to the property will initially be served by S. 11th Avenue. In future SUD development phases, Campus Boulevard will be extended to S 19th Avenue where Campus Boulevard will become the fourth leg of an existing intersection with Stucky Road. In addition, planning and design of an extension of S 11th Avenue to Graf Street is currently underway and an extension of Graf Street from S 3rd Avenue is currently under construction. 299 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 2 300 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 3 The aforementioned projects will provide alternative connections for the SUD Phase 2 property development. This TIS addresses potential impacts to the adjacent street system based upon the initial access conditions and future conditions (year 2031) that would be associated with new street system facilities. EXISTING CONDITIONS Streets & Intersections Potentially impacted intersections located within 0.5-miles of the proposed development site are Kagy Boulevard intersections with S. 11th Avenue, and S. 7th Avenue. The planned intersections of S. 19th Avenue and Stucky Road, and Graf Street and S 11th Avenue would also have potential for impacts by the year 2031. Kagy Boulevard is currently a two lane street with left-turn lanes at its intersection with S 11th Avenue and bike lanes east of S14th Avenue. Kagy Boulevard extends from a termini point just west of S. 19th Avenue, past the MSU campus, to rural areas east of Bozeman. Montana Department of Transportation (MDT) is currently in the process of designing extensive improvements to Kagy Boulevard between S 19th Avenue and S 3rd Avenue. Preliminary design activity has resulted in a future street section with 5 lanes, including a continuous two-way left-turn lane. Bike paths are included along its length and pedestrian tunnel/s are under consideration to provide safe pedestrian crossings of Kagy Boulevard. South 11th Avenue extends from a point south of Campus Boulevard north, thru the MSU campus, to an intersection with Main Street. It currently operates with one lane for each direction of travel and includes bikes lanes on either side. At its intersection with Kagy Boulevard it accommodates separate left-turn lanes on all four legs of the intersection. 301 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 4 South 7th Avenue extends from a point south of Kagy Boulevard to West Grant Street, approximately 0.35 miles north of Kagy. South 7th Avenue has served as a secondary access to surface parking lots, south of the MSU Student Union Building. At the present time, building projects (including a new parking structure) has removed the parking, which is being accommodated by the stadium parking lot in the southeast corner of Kagy Boulevard and S 11th Avenue. The northbound approach to this intersection serves to access corporate offices with a finite demand in the am, pm, and noon hours. The southbound approach has a separate right-turn lane and a thru/left-turn lane, while the northbound approach has a single lane approach. A marked pedestrian crossing of Kagy Boulevard exists on the west side of the intersection. Existing Traffic Volumes Electronic traffic counters were used to count traffic on South 11th Avenue, south of Kagy Boulevard and on Kagy Boulevard, west of S 11th Avenue. Additional electronic counters were placed on Campus Boulevard and the main access to Stadium View Apartments (SUD Phase 1). In addition, electronic counts taken in 2015 on Arianna Way were used to document total vehicular traffic accessing the existing apartment units. Peak am and pm traffic counts were taken both manually and with Mio-vision cameras (provided by Sanderson Stewart) in 2016. Hourly traffic volume summaries from those counts can be found in Appendix A of this report. The results of these counts are illustrated in Figure 2. Also shown in Figure 2, are the Average Weekday Traffic (AWT) volumes. In comparing these counts to the SUD Phase 1 study in 2011, it was discovered that there was only modest traffic growth on Kagy Boulevard while more substantial growth occurred on S 11th Avenue, both north and south of Kagy Boulevard. 302 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 5 303 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 6 It should be noted that the peak am hour of traffic on the arterial streets occurs between 7:30 and 8:30 while there is no definitive peak am hour at local street intersections. Peak pm hour traffic at the arterial intersections occurs between 4:45 and 5:45 pm. The peak hour of traffic for the Stadium View Apartments occurs between 7:00 and 8:00 pm with approximately 37% of the total average weekday traffic (AWT) occurring after 6:00 pm. Existing Capacity Capacity calculations were completed for the study intersections based on existing geometry and traffic volume counts. Table 1 provides a summary of the calculation results and the calculations can be found in Appendix B of this report. LTR LTR LTR LTR Control Delay (s/veh) 10.7 8.3 14.2 29.3 25.9 26.6 28.6 27.3 LOS BA BC CC CC V/C Ratio 0.31 0.54 0.09 0.81 0.05 0.16 0.44 0.28 Queue Length (95%) 89 214 22 34 LTR LTR LTR LTR Control Delay (s/veh) 14.0 10.1 12.5 29.9 25.7 24.2 38.9 25.1 LOS BB BC CC DC V/C Ratio 0.35 0.53 0.04 0.85 0.44 0.26 0.77 0.38 Queue Length (95%) 58 111 43 65 LTR LTR LTR LT R Control Delay (s/veh) 10.0 8.7 74.7 69.8 16.4 LOS BAFF C V/C Ratio 0.12 0.05 0.33 0.23 0.10 Queue Length (95%) 112 1 1 LTR LTR LTR LT R Control Delay (s/veh) 9.3 9.5 35.2 99.3 16.4 LOS AAE F C V/C Ratio 0.05 0.00 0.39 0.51 0.19 Queue Length (95%) 102 3 1 LTR LTR Control Delay (s/veh) 9.1 7.4 LOS AA V/C Ratio 0.04 0.02 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 9.6 7.4 LOS AA V/C Ratio 0.09 0.03 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 8.8 7.3 LOS AA V/C Ratio 0.01 0.01 Queue Length (95%) 00 LTR LTR Control Delay (s/veh) 8.9 7.3 LOS AA V/C Ratio 0.00 0.03 Queue Length (95%) 00 A Movement Group Overall LOS S. 11th Avenue & Campus Boulevard Peak PM Hour A Overall LOS S. 11th Avenue & Campus MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 7 Delay, Level-of-service (LOS), Volume to Capacity (v/c) ratios, and Vehicle Queue projections are used as Measures of Effectiveness (MOE) within Table 1. All intersections, approaches and movements currently operate at LOS “C” or better except for the southbound left lane on South 11th Avenue, which operates at LOS “D” with 38.9 seconds delay per vehicle during the peak PM hour, and both the northbound and southbound approaches on S 7th Avenue and Kagy Boulevard, operate at LOS “F” in the am and pm hours DEVELOPMENT TRAFFIC PROJECTIONS Trip Generation The proposed apartment complex that would be constructed in Phase 2 is unlike any of the ITE Trip Generation Report land uses since it would be a cross between a Dormitory and a Mid-rise Apartment. Since 2011, when the traffic study for SUD Phase 1 was completed, number of studies have been completed for similar developments. Rather than interpreting a number of studies at various locations across the country, it was decided to develop custom trip generation rates based on actual vehicular traffic accessing the Stadium View Apartments (SUD Phase 1). There are three vehicular access points to the existing complex: the main access to S 11th Avenue, Campus Boulevard, and Arianna Way on the south side of the complex. Three traffic counters were set at each of the accesses for a one-week period in 2016 and a two-week period on Arianna Way in 2015 (see Appendix A). In addition to the counters, manual counts were conducted at the Main Access and the Campus Boulevard access during peak hours. The manual counts also noted pedestrians and bicycles accessing the apartment complex. Correlation between manual and electronic counts confirmed that bicycles were being recorded by the counters. Adjustments to electronic count numbers were necessary and made uniformly throughout the counting period. Table 2 presents the hourly variation in total autos and bikes accessing the Stadium view apartments over the average weekday counting periods. There 305 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 8 are 1,672 vehicles entering and leaving the apartment complex and there are 499 beds within the complex. The apartment complex was at full capacity at the time of the counts. The trip generation rates were calculated to be 3.35 AWT trips per resident with 0.12 trips in the am hour and 0.28 trips in the peak pm hour. Main Access Campus Blvd Arianna Way Totals Hour Average Average Average Average % of Begin Weekday Weekday Weekday Weekday Weekday 0 20 2 2 24 1.4% 1 92112 0.7% 2 4127 0.4% 3 2114 0.2% 4 2114 0.2% 5 71311 0.7% 6 11 2 6 19 1.1% 7 38 5 8 51 3.1% 8 44 4 10 58 3.5% 9 44 3 12 59 3.5% 10 49 6 15 70 4.2% 11 56 9 13 78 4.7% 12 65 6 13 84 5.0% 13 67 10 18 95 5.7% 14 81 7 15 103 6.2% 15 81 9 17 107 6.4% 16 105 9 21 135 8.1% 17 108 13 19 140 8.4% 18 96 13 18 127 7.6% 19 109 14 19 142 8.5% 20 94 8 21 123 7.4% 21 81 11 13 105 6.3% 22 50 6 10 66 3.9% 23 38 3 7 48 2.9% Total 1399 146 265 1672 100.0% AWT AM PM No. Beds 499 3.35 0.12 0.28 Table 2. Auto & Bike Access Traffic - Stadium View Apartments Calculated Vehicular Trip Rates 306 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 9 Peak hour manual counts also established trip generation rates for bicycle and pedestrian trips. It was determined that approximately 30% of all trips were made by the pedestrian mode and approximately 10% were made by bike mode. The bike and pedestrian rates were also assigned to the final traffic projections within this study. For the 3,350 square feet of retail development, ITE Trip Generation Report Land Use Code # 814 – “Specialty Retail” was used because it normally provides a relatively conservative estimate of trip generation when specific businesses are unknown. The impact associated with complimentary commercial land uses to residential developments is difficult to quantify because of many unknowns. However, if the commercial facilities are matched to the needs of the residents, the net effect may be a reduction in external vehicular traffic and an increase in localized pedestrian trips within the boundaries of the development. Table 3 summarizes the total vehicular and pedestrian/bike trip generation for the proposed development in Phase 2. The 887 resident units would generate approximately 2,815 auto trips, 312 bike trips, and 1,341 pedestrian/ bike trips on the average weekday. Commercial development would add approximately 157 trips, but approximately 94 trips, would be internal capture trips associated with pedestrian/bike modes made within the confines of the development boundaries and 31 trips would be passerby trips. Therefore, the commercial land use would only add 32 average weekday vehicular trips external to the site. In total, this development would generate approximately 2,690 vehicular trips and 1,653 ped/bike trips that would be new and added to the existing traffic on the surrounding street system. 307 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 10 Table 3. South University District Phase 2 Development Trip Generation No. of Rate Total Total Total Units Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit Student Apartments 887 Residents 1 2971 2 106 50 56 3 248 159 89 Code 826 Speciality Retail 3.55 1000 sf 4 157 5 24 12 12 6 10 5 5 Total Auto & Bike Trips = 3128 130 62 68 258 164 94 Auto Trips (-10% Bikes) = 2815 117 56 61 232 148 85 Pedestrian Trips (30% of Total) 1341 56 27 29 111 70 40 Internal Capture - Retail Trips 94 14 7 7 6 3 3 Passerby Traffic - Retail 31 5 3 2 2 1 1 125 19 10 9 8 4 4 2690 98 46 52 224 144 81 1 - T = 3.36(X) 2 - T = 0.12 (47% enter) 3 - T = 0.28(X) (64% enter) 4 - T = 44.32(X) 5 - T = 6.84(X) (48% enter) 6 - T = 2.71(X) (44% enter) Peak PM Hour Total Trip Mode and Class Reductions = New Development Land Uses Trip Class Adjustments Total Development Net Auto Trips = Ave.Hour Weekday Peak AM Trip Distribution The distribution of vehicular trips was based upon existing directional traffic movements at key intersections adjacent to the development site. Bike/ped distribution was based upon local area attractions and activities and travel distances. Figure 3 is a graphic representation of trip distribution percentages for vehicular trips. Since there are a number of new street segments that will exist within the near future, Figure 3 provides initial and future trip distribution percentages. Approximately 41% of the vehicular trips would have origins and destinations to the north, on South 11th Avenue, and 37% would have origins and destinations to the north and west using South 19th Avenue. Only 2% of the trips would be to the north and east, using South 7th Avenue, while 15% would have origins and destinations to the east, using Kagy Boulevard east of South 7th Avenue. The remaining 5% of total vehicular trips would have origins and destinations south of the development and accessed by South 19th Avenue. Pedestrian and bicycle trips would all be directed to and from the north. It was assumed, based upon campus attraction densities and walking routes, that 60% of the ped/bike trips would use South 11th Avenue, while the remaining 40% would use South 7th Avenue. It was also assumed that all ped/bike trips would cross Kagy Boulevard at the South 11th Avenue intersection signal. 308 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 11 Traffic Assignment Site traffic assignments were completed using the trip generation projections in Table 3 and the trip distribution percentages discussed in the preceding section. The initial development traffic assignment assumes that the existing street system would be in-place when the development is complete. While that assumption is not the most likely scenario, resulting traffic impacts on existing intersections can be viewed as the baseline condition. Figure 4 presents the AWT and peak hour site traffic assignments on the street system. It is very clear that all of the traffic impacts would be concentrated on S 11th Avenue and it intersections. Figure 5 presents site traffic assignment on the future system which includes the Campus Boulevard extension, Graf Street Extension, and the S 11th Avenue extension. The most significant difference between Figure 5 and Figure 4 is the reduction in site traffic on Kagy Boulevard west of S 11th Avenue. 309 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 12 310 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 13 311 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 14 TRAFFIC IMPACTS Existing Plus Development Traffic Volumes Figure 6 illustrates the combination of existing am and pm design hour traffic volumes and development generated traffic at each of the key study intersections for full development of SUD Phase 2. Also shown in Figure 6 are the resultant AWT volumes and the percentage increases over existing traffic that would be attributable to the Phase 2 development. In this case, S 11th Avenue, south of Kagy, would have the highest volume of site generated traffic and also the highest percentage increase of any of the area streets at 256%. It should be noted that, normally traffic impacts on streets that are less than 10% are not considered to be significant because daily traffic variations on any street routinely exceed 10%. 312 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 15 313 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 16 Capacity Capacity calculations (see Appendix B) indicate that all approaches and all movements at the key intersections would be similar to existing LOS at all intersections except that some additional movements would operate below “C” at the S 11th Avenue intersection, if the Phase 2 South University District development existed today. Table 4, below, presents a summary of the MOE’s for each intersection and for each approach lane at each of the intersections. In comparing Table 4 to Table 1, it can be seen that appreciable variations in the LOS, delay and v/c ratios occur for individual movements on the northbound and southbound legs of the S 11th Avenue and Kagy Boulevard intersection in the pm hour. At the S 7th Avenue intersection with Kagy Boulevard, the northbound and southbound legs would remain at LOS “F” during both the am and pm peak hours. Queue lengths would vary within individual lanes, with the most critical being on the eastbound and westbound through lanes and on the northbound left-turn lane during the peak pm period. All of the minor street accesses on S. 11th Avenue to SUD Phase 1 and 2 would operate at LOS “B” or better for existing plus site traffic conditions. Typically, a two lane streets in an urban environment can carry between 6,000 and 9,000 vehicles per day and still operate at LOS “C”. Three lane streets can carry up to 18,000 vehicles while 5 lane streets max-out at approximately 30,000. Thus, it would appear that S 11th Avenue would still be within its ideal operating range, while Kagy Boulevard is and will be well above its ideal operating range. 314 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 17 LTR LTR LTR LTR Control Delay (s/veh) 10.7 8.6 14.6 29.6 26.5 27.2 29.3 27.7 LOS BA BC CC CC V/C Ratio 0.31 0.56 0.12 0.82 0.16 0.27 0.51 0.34 Queue Length (95%) 58 111 22 34 LTR LTR LTR LTR Control Delay (s/veh) 14.0 11.3 13.8 29.9 36.0 25.2 92.9 26.4 LOS BB BC DC F C V/C Ratio 0.35 0.60 0.13 0.85 0.71 0.40 1.00 0.52 Queue Length (95%) 7 10 2 11 10 5 7 9 LTR LTR LTR LT R Control Delay (s/veh) 10.1 8.7 78.6 73.0 16.4 LOS BAFF C V/C Ratio 0.12 0.05 0.34 0.23 0.10 Queue Length (95%) 112 1 1 LTR LTR LTR LT R Control Delay (s/veh) 9.4 9.6 38.3 113.2 16.8 LOS AAE F C V/C Ratio 0.05 0.00 0.42 0.55 0.20 Queue Length (95%) 102 3 1 LTR LTR Control Delay (s/veh) 10.1 7.5 LOS BA V/C Ratio 0.05 0.06 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 12.4 7.9 LOS BA V/C Ratio 0.13 0.12 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 9.6 7.4 LOS AA V/C Ratio 0.04 0.04 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 11.1 7.7 LOS BA V/C Ratio 0.07 0.08 Queue Length (95%) 10 LTR LTR LTR LTR Control Delay (s/veh) 9.6 8.4 7.3 7.3 LOS BAAA V/C Ratio 0.04 0.02 0.00 0.02 Queue Length (95%) 1101 LTR LTR LTR LTR Control Delay (s/veh) 10.2 8.5 7.5 7.3 LOS BAAA V/C Ratio 0.07 0.04 0.00 0.02 Queue Length (95%) 1101 Movement Group S. 11th Avenue & Stadium View Apartments Main Access Peak PM Hour Movement Group Table 4. Existing Plus Site Traffic Capacity Analysis Summary Intersection MOE EB WB NB SB Overall LOS MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 18 Future Traffic The City of Bozeman’s Municipal Code (BMC) requires that all traffic impact studies analyze all arterial and collector street intersections within a 0.5-mile distance from the site development. The BMC indicates that all intersections must operate at LOS “C” or better in the future, which is defined as 15 years beyond the development year. For this development, several previous studies have been completed in an effort to develop design data for the Graf Street and the S 11th Avenue extensions as well as a TIS for the Yellowstone Theological Institute development along the Graf Street Extension. The prior efforts resulted in models that redistributed existing traffic to the planned street system and projected development traffic growth as well as external traffic growth on the street system. All of the previous traffic projections were combined and adjusted to year 2031 conditions in order to determine a reasonable estimate of future traffic volumes at the key study intersections. It can be seen that the extension of S 11th Avenue would carry approximately 4,400 AWT in the year 2031 and the Graf Street Extension would have an AWT of approximately 4,000. The majority of traffic on both of these extensions would be traffic that would have otherwise been on Kagy Boulevard east of S 11th Avenue. Figure 7 presents the AWT and peak hour traffic projections that resulted from the traffic algorithms used in this study. Since the new street extensions would place the site within a 0.5-mile distance of two new intersections (S 19th & Stucky Road and Graf Street & S 11th Avenue) traffic projections at those intersections are also shown in Figure 7. 316 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 19 317 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 20 Future Conditions Plus Site Traffic Figure 8 illustrates traffic assignment volumes associated with full development of the proposed site (Figure 5) combined with year 2031 traffic projections (Figure 7). The traffic volumes shown in Figure 8 are used to evaluate future capacity conditions in satisfaction of the BMC requirements. Future Capacity Table 5 (page 22) presents a summary of the MOE’s for each intersection and for each approach lane at each of the intersections in the year 2031. In calculating the future capacity, it was assumed that all of the future street improvements and extensions would be constructed as currently planned. Kagy Boulevard would have a five lane section and traffic signals at both S 11th Avenue and at S 17th Avenue. The S 11th Avenue extension would have two-lane traffic with bike lanes and its intersection with Graf Street would be a single lane roundabout. The intersection of S 19th Avenue and Stucky Road/Campus Boulevard would add a fourth signal indication and S 19th Avenue would have 5 lanes of traffic. Capacity analysis results indicate that all of the intersections and lanes would operate at LOS “C” or better in the year 2031 with projected future traffic plus site traffic conditions. It should be noted that the intersection of N 7th Avenue and Kagy Boulevard could feasibly be a roundabout and operate at a better LOS than with a traffic signal. 318 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 21 319 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 22 LTR LTR LTR LTR Control Delay (s/veh) 15.9 28.5 13.4 24.3 15.3 30.2 16.1 26.6 LOS BC BC BC BC V/C Ratio 0.41 0.64 0.09 0.39 0.04 0.64 0.10 0.45 Queue Length (95%) 78 25 16 26 LTR LTR LTR LTR Control Delay (s/veh) 20.9 29.9 14.6 29.8 17.3 29.7 17.4 27.4 LOS CC BC BC CC V/C Ratio 0.49 0.65 0.05 0.65 0.45 0.63 0.43 0.53 Queue Length (95%) 98 17 79 85 LTR LTR LTR LTR Control Delay (s/veh) 6.2 15.3 6.0 15.6 27.4 27.7 27.5 28.3 LOS A B A BC CC C V/C Ratio 0.10 0.34 0.10 0.38 0.02 0.07 0.04 0.16 Queue Length (95%) 25 36 01 11 LTR LTR LTR LTR Control Delay (s/veh) 7.3 16.9 6.2 16.1 27.5 28.5 27.7 28.6 LOS CC BC BC CC V/C Ratio 0.23 0.48 0.01 0.41 0.04 0.19 0.07 0.21 Queue Length (95%) 58 06 12 11 LTR LTR Control Delay (s/veh) 13.6 7.8 LOS B A V/C Ratio 0.07 0.26 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 16.7 8.2 LOS C A V/C Ratio 0.17 0.27 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 12.9 7.7 LOS B A V/C Ratio 0.12 0.22 Queue Length (95%) 10 LTR LTR Control Delay (s/veh) 15.2 8.2 LOS C A V/C Ratio 0.10 0.23 Queue Length (95%) 10 LTR LTR LTR LTR Control Delay (s/veh) 13.2 12.9 7.6 7.8 LOS BBA A V/C Ratio 0.04 0.02 0.00 0.02 Queue Length (95%) 1101 LTR LTR LTR LTR Control Delay (s/veh) 14.4 14.2 7.8 7.7 LOS BBA A V/C Ratio 0.07 0.10 0.00 0.02 Queue Length (95%) 1101 LTR LTR Control Delay (s/veh) 11.2 7.5 LOS B A V/C Ratio 0.01 0.18 Queue Length (95%) 00 LTR LTR Control Delay (s/veh) 11.5 7.7 LOS B A MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 23 MITIGATING MEASURES Capacity analysis for both existing conditions and for existing plus site traffic conditions indicate that there would be operational concerns at Kagy Boulevard intersections with S 11th Avenue and S 7th Avenue. Since reconstruction of Kagy Boulevard is at least five years away, interim improvement would be required to mitigate existing conditions. The following sections present an analysis of interim improvements within the five-year window. Year 2021 Traffic Projections Year 2021 traffic projections were based on the assumption that both the Graf Street and S 11th Avenue extensions would be completed within five years. Previous modeling of existing traffic redistribution associated with those roadway extensions was used in conjunction with site traffic assignments (Figure 5) to determine traffic volumes at the two Kagy Boulevard intersections. In addition, an assumed increase in background of approximately 10% was added to entering traffic in the am and pm peak hours. Figure 9 presents the results of the year 2021 traffic projections. In comparing the Figure 9 volumes to existing am and pm peak hours, it can be seen that through traffic on Kagy Boulevard is slightly less than existing, but through traffic on S 11th Avenue is substantially greater, due to redistribution associated with the new streets and added site traffic. 321 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 24 322 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 25 Mitigation Concepts Various concepts were reviewed and eliminated from consideration for a variety of reasons. However, two different concepts have the potential to provide measurable operating benefits at the Kagy Boulevard intersections. An analysis of 64 different signal phasing concepts at the intersection of S 11th Avenue and Kagy Boulevard indicated that three or four phasing schemes have potential for serving as an interim improvement. Of the three of four phasing concepts, it appears that two phase operation with an 85 second cycle time would have the highest potential efficiency. Table 6 indicates that the intersection of Kagy Boulevard and S 11th Avenue could operate at LOS “B” in the year 2021 with the aforementioned signal phasing. At the S 7th Avenue intersection with Kagy Boulevard, it would appear that signal warrants would not be met and an all-way stop would create more delay. In discussions with Sanderson Stewart, Kagy Boulevard reconstruction consultants, it was discovered that they have been evaluating alternative interim improvements that involve adding a continuous two-way left-turn lane between S 11th Avenue and the raised median east of S 7th Avenue. They also indicated that the existing ped x-ing on Kagy Boulevard could be moved to the east side of S 7th Avenue. Capacity analysis of the center turn lane addition to the S 7th Avenue intersection was completed and the results reported in Table 6. While the northbound and southbound legs of the intersection would still operate below LOS “C”. the improvements would eliminate the LOS “F” operations and eliminate approximately 60 seconds of delay per vehicle. In addition, storage for left-turning traffic along the entire length of Kagy Boulevard would bring the Kagy Boulevard arterial corridor into a desirable operating range, commensurate with its AWT. 323 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 26 LTR LTR LTR LTR Control Delay (s/veh) 12.2 16.0 10.7 12.3 17.1 18.5 17.3 18.4 LOS BB BB BB BB V/C Ratio 0.37 0.66 0.15 0.40 0.09 0.29 0.12 0.27 Queue Length (95%) 8 111 52 42 4 LTR LTR LTR LTR Control Delay (s/veh) 13.4 16.6 10.9 15.2 24.6 19.5 20.0 21.0 LOS BB BB CB CC V/C Ratio 0.48 0.68 0.18 0.62 0.62 0.40 0.44 0.54 Queue Length (95%) 13 10 1 9 7 6 4 8 LTR LTR LTR LT R Control Delay (s/veh) 9.0 8.3 34.1 30.0 13.2 LOS AAD D B V/C Ratio 0.11 0.04 0.20 0.11 0.08 Queue Length (95%) 111 1 1 LTR LTR LTR LT R Control Delay (s/veh) 9.0 9.1 19.1 39.1 15.3 LOS AAC E C V/C Ratio 0.05 0.01 0.24 0.30 0.19 Queue Length (95%) 102 3 1 Table 6. Future Year 2021 Conditions with Interim Improvements - Capacity Analysis Summary Intersection MOE EB WB NB SB Intersection Movement Group OVERALL Kagy Boulevard & S. 11th Avenue Peak AM Hour 15.3 B 0.50 Movement Group OVERALL Kagy Boulevard & S. 11th Avenue Peak PM Hour 17.8 B 0.66 Kagy Boulevard & S. 7th Avenue Peak PM Hour C Movement Group Overall LOS Kagy Boulevard & S. 7th Avenue Peak AM Hour C Movement Group Overall LOS CONCLUSIONS & RECOMENDATIONS The development of the SUD Phase 2 Lot 1 property would not substantially cause additional impacts to the safety and efficiency of any of the area streets or intersections. However, traffic generated by the development would exacerbate existing capacity deficiencies at two intersections on Kagy Boulevard. If the site were developed today, the southbound leg of the Kagy Boulevard and S 11th Avenue intersection would operate at LOF “F” in the peak pm hour and both the northbound and southbound legs of the S 7th Avenue and Kagy Boulevard intersection would continue to operate at LOS “F”. In addition to vehicular traffic impacts, a substantial increase in pedestrian traffic will be created, specifically at the intersection of S 11th Avenue and Kagy Boulevard. The sheer volume of pedestrian traffic crossing at that intersection would tend to increase vehicular delay. 324 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 SUD Phase 2 Development Traffic Impact Study Page 27 Future traffic (year 2031) on area streets is projected to increase at least 2% on an annual basis. Even though redirection of existing traffic, created by construction of new street links, would relieve some traffic demand on Kagy Boulevard, traffic volumes would still be higher than the desirable operating levels of a two lane street. However, planned street system improvements that are scheduled to be constructed in the next 5 years will drastically improve the carrying capacity of the entire area street system and all intersections will then operate at LOS “C” of better. During the interim period, improvements at the two Kagy Boulevard intersections would be required to allow safe and efficient operations until the long term improvements to Kagy Boulevard can be implemented. The City of Bozeman is already considering interim improvements to Kagy Boulevard that will mitigate existing problems. Since, our analysis indicates that the potential solutions to those problems will also accommodate the site development added traffic, it would appear that the proposed development would satisfy provisions of the BMC when the interim improvements are complete. 325 326 327 V/C Ratio 0.01 0.15 Queue Length (95%) 00 LTR LTR LTR LTR Control Delay (s/veh) 5.8 8.5 5.0 6.4 LOS A A A A V/C Ratio 0.24 0.45 0.07 0.16 Queue Length (95%) 1311 LTR LTR LTR LTR Control Delay (s/veh) 6.2 5.9 5.0 7.7 LOS A A A A V/C Ratio 0.24 0.26 0.05 0.21 Queue Length (95%) 1211 LTR LTR LTR LTR Control Delay (s/veh) 7.4 7.4 9.9 9.4 LOS A A A A V/C Ratio 0.00 0.00 0.01 0.02 Queue Length (95%) 0000 LTR LTR LTR LTR Control Delay (s/veh) 7.4 7.5 10.2 9.6 LOS A A B A V/C Ratio 0.01 0.00 0.02 0.02 Queue Length (95%) 0000 LTR LTR LTR LTR Control Delay (s/veh) 21.0 34.1 16.5 34.6 13.1 26.4 13.2 24.1 LOS CC BC BC BC V/C Ratio 0.57 0.18 0.01 0.25 0.17 0.49 0.11 0.32 Queue Length (95%) 63 02 36 25 LTR LTR LTR LTR Control Delay (s/veh) 26.2 31.6 18.2 31.9 15.2 19.8 11.2 31.2 LOS CC BC BB BC V/C Ratio 0.69 0.19 0.02 0.24 0.17 0.26 0.17 0.82 Queue Length (95%) 73 12 24 512 Movement Group OVERALL Kagy Boulevard & S. 11th Avenue Peak AM Hour 25.7 C 0.62 Table 5. Future Year 2031 Conditions Capacity Analysis Summary Intersection MOE EB WB NB SB Intersection Movement Group OVERALL Kagy Boulevard & S. 11th Avenue Peak PM Hour 27.1 C 0.70 Movement Group OVERALL Kagy Boulevard & S. 7th Avenue Peak AM Hour 15.6 B 0.30 Movement Group OVERALL Kagy Boulevard & S. 7th Avenue Peak PM Hour 17.0 B 0.41 Movement Group Overall LOS S. 11th Avenue & Stadium View Apartments Main Access Peak AM Hour A Movement Group Overall LOS S. 11th Avenue & Stadium View Apartments Main Access Peak PM Hour A Movement Group Overall LOS S. 11th Avenue & Campus Boulevard Peak AM Hour A Movement Group Overall LOS S. 11th Avenue & Campus Boulevard Peak PM Hour A Movement Group Overall LOS SUD Phase 2 Access A & S 11th Avenue Peak AM Hour C Movement Group Overall LOS SUD Phase 2 Access A & S 11th Avenue Peak AM Hour C Movement Group Overall LOS SUD Phase 2 Access B & S 11th Avenue Peak AM Hour A Movement Group Overall LOS SUD Phase 2 Access B & S 11th Avenue Peak PM Hour A Movement Group S. 11th Avenue & Graf Street Peak AM Hour Movement Group S. 11th Avenue & Graf Street Peak PM Hour Movement Group Overall LOS Campus Blvd & S 14th Avenue Peak AM Hour A OVERALL 7.3 A 0.45 OVERALL 6.0 A 0.26 Movement Group Overall LOS Campus Blvd & S 14th Avenue Peak AM Hour A Movement Group OVERALL Campus Blvd/Stucky & S 19th Avenue Peak AM 24.0 C 0.55 Movement Group OVERALL Campus Blvd/Stucky & S 19th Avenue Peak PM 27.2 C 0.71 320 C Kagy Boulevard & S. 11th Avenue Peak PM Hour 29.1 C 0.85 Movement Group Kagy Boulevard & S. 7th Avenue Peak AM Hour Intersection Movement Group OVERALL Kagy Boulevard & S. 11th Avenue Peak AM Hour 19.6 B Movement Group OVERALL 0.65 Overall LOS C Movement Group Kagy Boulevard & S. 7th Avenue Peak PM Hour Movement Group S. 11th Avenue & Stadium View Apartments Main Access Peak AM Hour Overall LOS A Overall LOS A Overall LOS A C S. 11th Avenue & Campus Boulevard Peak AM Hour Movement Group S. 11th Avenue & Campus Boulevard Peak PM Hour Movement Group SUD Phase 2 Access A & S 11th Avenue Peak AM Hour Overall LOS A Overall LOS C Overall LOS Movement Group SUD Phase 2 Access A & S 11th Avenue Peak AM Hour 315 Boulevard Peak AM Hour A Overall LOS A Overall LOS Intersection Overall LOS C Overall LOS C OVERALL 19.1 B 0.63 OVERALL 23.0 C 0.78 Table 1. Existing Peak Hour Capacity Analysis Summary Movement Group Kagy Boulevard & S. 11th Avenue Peak PM Hour Movement Group Kagy Boulevard & S. 11th Avenue Peak AM Hour Kagy Boulevard & S. 7th Avenue Peak PM Hour Intersection MOE EB WB NB Movement Group S. 11th Avenue & Stadium View Apartments Main Access Peak AM Hour Movement Group S. 11th Avenue & Stadium View Apartments Main Access Peak PM Hour Movement Group SB Movement Group Kagy Boulevard & S. 7th Avenue Peak AM Hour Movement Group 304 CDMGE502,4,5,6 CDMGE752,4,5,6 Median Profile CDMGM252,4,5,6 CDMGM502,4,5,6 CDMGM752,4,5,6 Safety Profile CDMGS252,4,5,6 CDMGS502,4,5,6 CDMGS752,4,5,6 DALI2,4,5,6 Digitally Adressable Lighting Interface DMG-AST*2,4 Adjustable Startup Time DMG-CLO*2,4,5 Constant Light Output DMG-OTL*2,4 Over The Life *Includes 0-10v dimming None (leave blank) FAWS5 Field Adjustable Wattage Selector (optional) Standard: RCD1,3,7 Receptacle for twist-lock photocell or shorting cap, 5-pin (standard) Optional: RCD73,7 Receptacle for twist-lock photocell or shorting cap, 7-pin (optional) None (leave blank) SP28 20kV / 20kA Surge Protector (optional) HS House side shield, 1 per 16 LED light engine PH83 Twist-lock Photoelectric Cell, UNIV (120-277VAC) PH8/3473 Twist-lock Photoelectric Cell, HVU (347VAC) PH8/4803 Twist-lock Photoelectric Cell, HVU (480VAC) PH8XL3 Twist-lock Photoelectric Cell, extended life, UNIV (120-277VAC) PH93 Shorting cap BK Black finish BR Bronze finish GY3 Gray finish WH White finish 1. Please note these integrated features come standard with RoadFocus luminaires. 2. Denotes programmable driver option. Not available with HVU (347-480volt). Not available with 1050 mA versions (108W32LED, 160W48LED). 3. Use of photoelectric cell or shorting cap is required to ensure proper illumination. 4. Not available with HVU (347-480volt). 5. FAWS not available with AMPD, CDMG options, DALI or CLO. 6. Dimming choices: Select either DMG or AMPD or one of the CDMG options or DALI. 7. When RDC7 option is selected you will get 7-pin instead of standard RCD 5-pin. 8. When SP2 option is selected you will get SP2 instead of standard SP1. Project: Location: Cat.No: Type: Lamps: Qty: Notes: 298 is as or 4. 2+ us as NNa m. Marian 1 Fal t' 277 the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the of Three River Capital,LLC, the manager of RTR II,LLC, a Montana limitedliability company, and known to me to be the person whose name is subscribed to the instrument above and acknowledged to me that helshe executed the same forthe purposes thereinexpressed. 8 v6sbs 274 or specificationsby the ARC shall imply that such plans or specifications meet or comply with applicable laws, codes, and regulations. Part D. SiteDevelopment Standards: AIIdevelopments withinthe SUD are subjectto the most currentversion of the adopted Design Manual forthe SUD and the Bozeman Uniform Development Code (the "UDC"). In addition, street rights-of-way not used for pavement, curbs, gutters, sidewalks or driveways shallbe landscaped and maintained as per Section 38.26.050 E of the UDC. Any sidewalk required as a part of a UDC or subdivisionimprovement requirement shalleitherbe installedor financiallgyuaranteed. By no laterthan the third anniversary of the filing of a finalplatfor the respective property,required sidewalks shallhave been installedby the respectivepropertyowner regardless of whether or not improvements have been made upon the property. Part E. Nuisances: No Owner shallmaintain a nuisance upon their property and no sub-association Member shall allow a nuisance to be maintained on a lot or unit within the sub- association. In determining the existence of a nuisance, due considerationshallbe given to the character of the SUD as defined in itsadopted Master Plan, Design Manual, thisinstrument,and the erected structures permitted by the ARC. Ifan action to abate a nuisance is brought, itis agreed that the view of a majority vote of the Members thata nuisance existsshallbe given material weight by the court. 7 v6sbs 273 or provided withinthe SUD and promulgate and implement rules for use of publicparking spaces, including the creationof parking districts, ifneeded. Where requested, the Directors may assistOwners in the creationand implementation of rulesforuse of privateparking areas and serve as an arbiterforutilizatioonfparking spaces shared between uses. The terms, conditions,provisionsand restrictions ofthisfl7are a requirement of the City of Bozeman and may not be amended, altered,modified or rescinded with the consent of the governing body oftheCityofBozeman and the SUDPOA. 8. Cost Sharing Agreements. The Directorsshallhave the power to enter intoagreements with the owners of other lands forthe mutual use and sharing of cost of maintenance and improvement ofAssociation assets withinthe SUD through creation of a Special Improvements Districotr otherforms of agreement. Part C. Architecturaland BuildinqRestrictions: 1. Desiqn Manual and Code of Requirements: All buildingswithinthe SUD are subject to the most current version of the adopted Design Manual for the South UniversityDistricatnd the Bozeman Uniform Development Code. 6 v6sbs 272 5. Assessments: The Association Directors shall,by majority vote, be entitledto assess each Member, an annual monetary assessment for common expenses (the "Annual Assessment"), such assessment being payable within20 days afterreceiptof an invoicethereforfrom the Association. The common expenses may include,but are not limitedto,snow removal, maintenance of streetsand street lighting, bicycleparking,trails,mail drop offareas, parking areas, weed control,open spaces, parklands,storm water controland drainage facilities and other components ofthe SUD which they deem are of common use and benefitto the Owners and Owner groups; however, (i)the maintenance of individual driveways and parking areas shallnot be a common expense, and (ii)the common expense for parkland/open spaces and streets shallbe determined by the Board after contractingfor landscaping, snow removal, and any other parkland/open space and streetmaintenance and/or reconstructionthatthe Directorsdeem necessary; provided,thatallcommon area landscaping maintained by the SUDPOA shallbe by contractwith a professionallandscape person or company. The Association shall be empowered to allocate each such expense to individual Members in a uniform manner as adopted by the Board. Additionally,the Association may, by majority vote, assess each Member a special assessment (the "Special Assessment") for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction,unexpected repair or replacement of a described 5 v6sis 271 projectfinancing,ifnot paid within30 days of the mailing of such assessment. Nothing herein shall require or obligatethe GallatinCounty Weed Districtto undertake any management or enforcement on behalfofthe Association or owners thatisnototherwise requiredby law or the Weed Districrtulesand regulations. Part B. Property Owners' Association.Organization and Powers: 1. Board of Directors: (a) The SUDPOA shallbe govemed by a Board of Directors.So long as the Declarant and/or itsassigns maintain an ownership interest inthe SUD, the Board of Directorswillbe selected as follows:The initial Board shallconsist of three Directorsappointed by the Declarant (no Directorisrequired to be an Owner). At the time of filing of a finalplator final development plan within any of the fivedevelopment blocks identifiedin the SUD Master Plan, one additional Directorshallbe appointed by the Declarant and one additionalDirectorshallbe elected or appointed by subsequent sub-associations or Owners within the respectivedevelopment block. Each of the five development blocks withinthe SUD Master Plan Area shallbe entitledto one directoron the SUDPOA Board. The SUDPOA Board shallnot exceed 9 members. 4 v6sbs 270 damaged property was firstplaced on the land; ifthe seepage does not carry toxic chemicals onto the land; c. injury to a person or property,while without authorizationof the districotr privateperson or entity, the person or property ison the land or water controlledby the districotr privateperson or entity, unless the district or privateperson or entityis engaged inwillfuolr wanton misconduct; or d. death from drowning, unless the districotr privateperson or entity was grosslynegligentor engaged inwillfuolrwanton misconduct. 3 v6sbs 269 sub-associations to share common maintenance responsibilities as provided herein. The common maintenance responsibilities and cost distributionmsay be modified from time tb time as iswarranted. LEGAL EFFECT These CC&R's, untilamended or revoked by the Board shallbe binding upon each signatory,any person who isthe successor to a signatory as an Owner, and all Owners withinthe SUD of property thathas been annexed hereto. The South UniversityDistrict Property Owner's Association,a Montana nonprofit corporation,with a mailing address of 67 VillageDrive,Ste.205 BelgradeMontana 59714, or itssuccessor association,may bring an action in the courts with jurisdiction in GallatinCounty, Montana, to fullyenforce these CC&Rs and to recover damages for breach or enforcement, including reasonable attorneys'fees, as determined by the Court, to be awarded to the successful party. AIIlegal and equitableremedies shall be availableto fully enforce and give effectto these CC&Rs. Afterfilinogfthese initial CC&Rs, the Declarant shallhave the authorityand right to subject,as well as annex, into these covenants future phases, subdivisionsand developments withinthe SUD project area. Such action shallbe subject to the same regulations as stated herein and subject to financialassessments to implement 2 v6sbs 268 (the "CC&Rs") or that are annexed hereto through an amendment to these CC&Rs, are subject to the terms hereof and shall be members of the South University DistrictProperty Owner's Association ("SUDPOA", or "Association"). v6sbs 267 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT BICYCLES 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER 1 BED FLAT 2ND FL. BALCONY/ CORRIDOR 4 BED TH OVER 1 BED FLAT 4 BED TH OVER 1 BED FLAT 4 BED TH OVER 1 BED FLAT 4 BED TH OVER 1 BED FLAT 4 BED TH OVER 1 BED FLAT 4 BED TH OVER CLUB 4 BED TH OVER CLUB 4 BED TH OVER CLUB BICYCLES 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 5 BED TH OVER 2 BED FLAT (OP. RETAIL) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT 5 BED TH OVER 2 BED FLAT BICYCLES BICYCLES HC HC HC HC 4 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 4 BED FLAT (3 STORY) 4 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 4 BED FLAT (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) HC HC 2 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 1 BED FLAT (3 STORY) 1 BED FLAT (3 STORY) 1 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 4 BED FLAT (3 STORY) 3 BED FLAT (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED FLAT (3 STORY) 2 BED FLAT (3 STORY) 1 BED FLAT (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) 4 BED TH (3 STORY) BICYCLES HC HC BICYCLES HC HC HC HC HC HC HC HC HC HC MAINTENANCE 1 BED FLAT (OVER MAINT.) 1 BED FLAT (OVER MAINT.) POOL HOUSE/ GAME ROOM CAMPUS BLVD. S. 14TH AVE. S. 13TH AVE. S. 11TH AVE. S. 12TH AVE. UNNAMED STREET THIS DRAWING IS THE PROPERTY OF NEQUETTE ARCHITECTURE & DESIGN INC. AND IS NOT TO BE REPRODUCED, COPIED OR ALTERED IN WHOLE OR IN PART OR USED WITHOUT THE APPROVAL OF NEQUETTE ARCHITECTURE & DESIGN, INC, AND IS TO BE RETURNED UPON REQUEST. R E V I S I O N S Drawn by: Checked by: TAC TAC JOB NUMBER 16027 BOZEMAN, MONTANA BOZEMAN Lofts and 10 AUG 2016 SUBMISSION INFORMAL Townhouses South 11th Avenue Bozeman, Montana A-02 SITE DIMENSION PLAN 1 A-02 SITE DIMENSIONAL PLAN 1" = 40'-0" N 254 A-01 CONTEXT PLAN 1 N A-01 SITE CONTEXT PLAN 1" = 60'-0" SITE STATISTICS TABLE PROJECT AREAS: LOT AREA: 16.05 ACRES 699,212 SQ. FT. TOTAL BUILDING COVERAGE: 97,376 SQ. FT. (14%) PARKING AND DRIVES: 301,237 SQ. FT. (43%) LANDSCAPING AND OPEN SPACE: 300,599 SQ. FT. (43%) TOTAL FLOOR AREA: 356,356 SQ. FT. FLOOR AREA RATIO: .50 PARKING TABLE: ON-SITE PARKING SPACES: 827 SPACES ON-STREET PARKING SPACES: 91 SPACES TOTAL PARKING SPACES: 918 SPACES 253 Block 2 16.05 16.05 5.72 3.86 0 0.8 4.66 Phase 2 Block 3 11.77 9.14 Block 4 18.38 15.04 Block 5 18.02 3.68 Total 80.45 57.39 10.52 10.59 0 3.45 14.04 248