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HomeMy WebLinkAbout18022 PB SR Lakes at Valley West 5 & 6Page 1 of 26 18022, Planning Board Staff Report for the Lakes at Valley West Phase 5 & 6 Subdivision Date: Planning Board, April 17, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, May 7, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Major Subdivision application for the 5th & 6th phase of a multi-phase residential development located on 65 acres south of Durston Road, east and west of an extension of Laurel Parkway. In association with a planned unit development. Total of 20.86 acres for 79 dwellings with 20 ADUS, nine open space lots, and one park lot. Seventeen relaxations are requested with the PUD associated with this application. Project Location: Lot R2A of Phase 3 of the Lakes at Valley West Subdivision, located in the NW ¼ of Section 9 Township 2S, Range 5E PMM City of Bozeman, Montana. Located at 5600 Durston Road Recommendation: Approval with conditions Advisory Board 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 18022 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission 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 18022 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: April 12, 2018 Staff Contact: Sarah Rosenberg, Community Development Shawn Kohtz, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues If the Planned Unit Development (PUD) and associated relaxations are not approved, then the conditions and findings of this report will need to be modified. The analysis summarized in this 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 2 of 26 report assumed approval of the requested relaxations. Staff has recommended approval of the PUD and associated relaxations. Project Summary This subdivision and associated PUD proposes a unique combination of uses and configuration. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-1 district. The outcome will be a diverse small scale neighborhood with unique access and development standards. Homes are expected to be smaller than what is commonly constructed in Bozeman. A summary of constructed dwellings to date in earlier phases is included with the submittal materials. Substantial open space will be provided in both public and private ownerships. This combination is not presently available in the community. Park dedication exceeded the minimum required with earlier phases and this phase draws on those banked credits. Two existing lakes are incorporated into the design of the subdivision. Major streets are constructed per the City’s standards. An alternative street standard (woonerf) is used in portions of the pocket neighborhoods to create a unique design character. Approval for the non-standard street and a total of 17 relaxations from City of Bozeman standards have been requested through the associated PUD. The relaxations were previously approved with prior phases of the PUD and are continued on with this application. No action regarding the relaxations will be taken through the subdivision review. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES ................................................................................................................. 4 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 3 of 26 SECTION 2 – REQUESTED VARIANCES OR DEVIATIONS .................................................................. 6 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................................ 7 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ......................................... 13 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................................... 15 SECTION 6 - STAFF ANALYSIS and findings.................................................................................... 15 Applicable Subdivision Review Criteria, Section 38.03.040, BMC. ................................... 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................... 17 Preliminary Plat Supplements ........................................................................................... 21 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ....................................................... 24 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................................... 24 APPENDIX C – NOTICING AND PUBLIC COMMENT ....................................................................... 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ................................................... 25 FISCAL EFFECTS ............................................................................................................................. 25 ATTACHMENTS .............................................................................................................................. 26 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 4 of 26 SECTION 1 - MAP SERIES Zoning Vicinity Map 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 5 of 26 Proposed Layout for Phase 5 & 6 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 6 of 26 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. The associated PUD has requested 17 relaxations. Analysis of the requested relaxations is provided under the PUD staff report. To enable understanding of why the proposed plat does not comply with typical standards the relaxations are listed here. Several of the standards affect lot size and dimensions which are reflected on the plat. The summary of each relaxation, the customized zoning district incorporating those relaxations, and the overall reasoning behind the relaxations is in Section 9 of the subdivision submittal. The altered standards are depicted by lot and described in text in Appendix C of the Design Manual included in Section 10 of the subdivision submittal. Explanatory notes are attached to each section of the municipal code proposed to be altered. No action will be taken on these requested relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Condition 27 requires a notice to purchasers to inform them of the unusual development standards in this development. This will avoid confusion, purchase under misapprehensions, and future conflicts between owners and the City. As the plat requires approval of the PUD in order to conform to all regulations, Condition 4 establishes the sequence of approvals needed to enable approval of a final plat. Summary List of PUD Relaxations Code Section Summary of Section 1) 38.08.010.A.2 Intent of R-1 District 2) 38.08.020 Expand Authorized Uses in R-1 3) 38.08.030.A.2 Increase Allowed Lot Coverage and Floor Area 4) 38.08.040.A Reduce Minimum Lot Area 5) 38.08.040.B Reduce Minimum Lot Width 6) 38.08.050.A Reduce Yards 7) 38.08.060 Replace Building Height in R-1 to be the same as R-4 8) 38.22.030 Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use Permit for defined lots 9) 38.23.040.B Allow Increased Block Length 10) 38.23.040.C Allow Smaller Block Width 11) 38.23.040.D.3 Allow Alternate Pedestrian Walk Surface 12) 38.23.040.E Not Require Block Numbering 13) 38.24.060.A Design Standards (length of tangent at intersection) 14) 38.24.060.B Alternate Alley Section to Allow Woonerf 15) 38.23.100.A.2 Reduction to minimum wetland setback 16) 38.27.060 Reduce Parkland frontage 17) 38.21.060.4 Increase covered deck yard encroachment 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 7 of 26 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 the planned unit development. Additional conditions may apply to the subdivision of the property being processed concurrently with this planned unit development. Recommended Conditions of Approval: Planning 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 5. 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) shall transfer ownership to the property owner’s association of all any open space proposed to be conveyed to the property owner’s association and all its right, title, and interest in any improvements made to such parkland or open space. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 8 of 26 For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owner’s association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owner’s association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 6. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 7. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. 8. Lot R2B shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6 BMC. No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. The following language shall be placed on the conditions of approval sheet of the plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R2A, of the Lakes at Valley West Subdivision Phase 5 & 6, 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. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot R2B, of the Lakes at Valley West Subdivision Phase 5 & 6, 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.” 9. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 10. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provide will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 11. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 9 of 26 requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Any cost sharing agreements for maintenance shall be included with the final plat. 12. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 13. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 14. The public access easement referenced in the application materials for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. 15. The final maintenance plan must explicitly include all trails, paved or unpaved, within the common open spaces of phase 5 & 6. 16. The snow storage easements and areas must be reconfigured to not block the trails or sidewalks within the open spaces. 17. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 10 of 26 created by the subdivider to maintain all common open space areas within the Lakes at Valley West Phase 5 & 6.” 18. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 19. Any public street lighting installed by this development shall be LED. 20. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 21. Any alleys that contain public utilities (water and/or sewer) shall have a minimum of 30’ wide right of way, and shall not contain any other utilities i.e. gas, electric, etc. 22. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Lakes at Valley West Subdivision. As each final plat within the Lakes at Valley West Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as R lots shall not be assessed a fee or if it is determined that a fee must be charged to R Lots the lot shall be assessed as a single lot. 23. The property owners shall be responsible for a sewer surcharge for financing the costs of operation and maintenance of the sewage lift station. 24. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 25. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 26. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 27. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Lakes at Valley West Subdivision Phase 5 & 6 are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Lakes at Valley West Subdivision Phase 5 & 6 and are in place of the general development standards of 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 11 of 26 the City of Bozeman Zoning. If a development standard is not specifically established in the Lakes at Valley West Subdivision Phase 5 & 6 approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Lakes at Valley West Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 28. The applicant must add a note to the Conditions sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association. 29. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 30. The applicant must add a note to the Conditions sheet of the plat to the effect that this development falls within a known area of high groundwater. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharge onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 31. The applicant must add a note to the Conditions sheet of the plat to the effect that due to the potential for high groundwater tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. 32. The applicant must add a note to the Conditions sheet of the plat to the effect City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 12 of 26 the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. 33. The applicant must indicate the proposed snow storage areas for all woonerf alleys on the Conditions sheet of the plat. The applicant must also add a note to the Conditions sheet of the plat to the effect that snow removed from the woonerf alleys must either be placed in the snow storage areas or hauled offsite to an approved location. Snow may not be deposited on public right of way or in street vision triangles. 34. The applicant must construct no parking signs and paint curbs 20-feet from intersections of woonerf alleys with local streets. City solid waste trucks are not able to turn onto local streets from woonerf alleys in prior phases when cars are parked on the local street too close to the intersections. The applicant must demonstrate this item prior to approval of engineering plans and specifications and prior to final plat approval. 35. If not already filed, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Durston Road and Laurel Parkway The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of 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. The applicant must provide this waiver prior to final plat approval. 36. Record drawings for previous phases of the project shall be submitted to the City prior to final plat approval of this phase. 37. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 13 of 26 designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS OR STATE NONE). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________ (To be filled in when recorded) By: (Subdivider) Date: _____________________________ SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. A. Bozeman Municipal Code (BMC) Section 38.25.020.M states: Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. Snow storage shall not be placed on the parking portion of the woonerf. Snow storage easements shall not be placed over driveways, sidewalks, or pathways. Offsite snow storage easements in Open Space D shall not be placed over pathways. Additional information shall be provided indicating how snow removal will occur without disturbing landscaping and trails in Open Space D. Easements providing access to the snow storage areas shall be provided or provisions for crossing Open Space D with snow removal equipment to access the storage areas shall be provided and approved prior to preliminary plat approval. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 14 of 26 B. BMC Section 38.41.060.11.b states: The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainageways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The applicant must include the stormwater maintenance plan approved for Phase 4 in the property owner's association (POA) documents for Phase 5 & 6 and expand the verbiage to include improvements installed with Phase 5 & 6. C. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of CIL of water rights and pay any CIL of water rights due prior to final plat approval. D. BMC Section 38.23.070.A.1 states: 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 with 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. Per the City of Bozeman Design Standards, fire hydrants are required at all street intersections. The connection with the existing water system shall be made with a new valve. E. BMC Section 38.23.060.A states: 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 applicant must provide all necessary executed and filed easements prior to final plat approval. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 15 of 26 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) considered the application on February 14, 2018. The DRC found the application sufficient for review. The DRC recommended favorably on both the planned unit development and subdivision with conditions. The Planning Board will conduct a public hearing on the related subdivision and make a recommendation to the City Commission. Public hearing date for the Planning Board is April 17, 2018. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. Public hearing date for the City Commission is May 7, 2018 The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, 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 has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Additional compliance and data necessary to verify compliance with Chapter 38 will be required with Conditions 2-12. Section 4 of this report identifies specific corrections necessary to comply with the municipal code. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 16 of 26 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on January 17, 2018. The application was found adequate for further review on March 9, 2018. The hearings before the Planning Board and City Commission have been properly noticed as required by the municipal code. Based on the recommendation of the DRC, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by May 8, 2018, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On April 12, 2018 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. The subdivision relies upon the associated planned unit development to meet the required zoning standards. The final plan for the planned unit development must be finished and receive final approval before the final plat is approved. Therefore, Condition 9 ensures that the final timing of the two applications will be properly coordinated. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. Condition 8 addresses the lot which will result from the subdivision which are not prepared for development. The required notice will restrict them from development. Tracts which are less than 160 acres in size must be included within the bounds of the final plat. Section 4, item A-G address corrections required to comply with chapter 38, BMC. The conditions ensure that identified regulations are met. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All public utilities will be located within dedicated street right of way. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 17 of 26 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards or an approved alternative with lot frontage as shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. The applicant has proposed use of an alternative “woonerfs” standard to provide legal and physical access to some of the lots. A woonerf is a narrower street with a greater degree of sharing of use of the same space by multiple types of users. Approval for the woonerf section has been requested through the associated PUD which is the correct method. If the request is not approved, then this criterion has not been met. Access easements across common open spaces have been proposed to connect some individual driveways to the dedicated right of way. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has been used for residential purposes. The property has previously been used as a gravel mine and has been heavily disturbed. All agricultural use of the property stopped over ten years ago. Property to the north, east, and south has also been or is in the process of being developed for non- agricultural uses. The property to the west is separated from this area by Aajker Creek and no street crossings or other development is proposed west of Aajker Creek. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop. Over flow from the lake discharges to Aajker Creek and was previously permitted by the US Army Corps of Engineers. As a natural stream and water of the US no irrigation water user easement is necessary to protect access. No impediment to stream flow is proposed with this subdivision. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 18 of 26 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Internal water and sewer mains will be installed prior to final plat approval. Water service is currently in the Durston Road corridor and is extended into earlier phases of the project. Water mains will be looped in accordance with engineering standards. Water for irrigation of open spaces will be required. If the applicant chooses to use a well or other non-municipal water supply to do so they must provide transfer of ownership to the HOA so that the HOA can legally have the water resources necessary to maintain the open space. A sewer main installed by prior phases serves the property in the Laurel Parkway right of way. The area will be served by an existing sewer lift station. Use of lift stations creates additional costs above that required by gravity sewers. Condition 23 requires that the future lot owners participate in offsetting these costs what are attributable to the property. Condition 20 ensures that adequate width utility easements are provided to enable safe installation of water and sewer mains. Condition 20 requires that an adequate warranty is provided and secured to ensure that installed infrastructure is serviceable. Inoperable infrastructure is a hazard and inhibits development of the site. Conditions 24 and 25 coordinate between private and public utility locations and avoid conflicts between utilities and other objects. Streets – The initial phases of the Lakes at Valley west installed the remaining portions of Durston Road, a minor arterial, along the north side of the property from the western edge to the intersection of Cottonwood Road. Adequate street capacity is available for this project. Street lighting is a component of the required street improvements. The applicant has proposed a lighting plan to meet the requirement. A special improvement lighting district is proposed to maintain these facilities. Conditions 19 and 22 ensures that the SILD will be formed and effective before final plat and that the lighting will be LED which will reduce long term costs and improve reliability for the residents. The Home Owner’s Association (HOA) will be responsible to maintain the woonerfs. Maintenance and use of public streets is subject to the terms of the municipal code. It is important to have clear responsibilities for access and use by the public. Conditions 18 and 29 establish the responsible parties. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Condition 26 requires that the necessary addresses are provided to enable 911 response to individual homes. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the home owners association. This responsibility is addressed in the covenants proposed with the subdivision 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 19 of 26 which were previously recorded and are applied to this development. Conditions 16 and 30 ensure that the stormwater system is integrated with the individual developed lots to prevent flooding and stagnant water. Parklands - The previous phases of the Lakes at Valley West dedicated excess park land which was banked for future phases. This phases draws on that excess dedication. Adequate park land was provided. This will be documented with the final plat per Condition 11. Substantial areas of private open space are also proposed in conjunction with the PUD. These areas will be in the ownership of the HOA and will be maintained by the HOA per Condition 17. A public access easement has been proposed by the applicant to enable public access to the open space. This is acceptable. A network of natural fines trails six feet in width are proposed within the development. The new trails will connect to existing trails to the east and the internal and external sidewalks and will provide a substantial network throughout the development. Maintenance of the park and private open space facilities is an obligation of the home owners association. This responsibility is addressed in the covenants proposed with the subdivision. Condition 17 requires that this responsibility be referenced on the plat so that owners have an affirmative awareness of this responsibility. The applicant has proposed a paved trail along the Aajker Creek alignment. With additional extensions to the south the trail will connect with a trail being constructed by the Norton development. Due to observed maintenance requirements on paved trails, the applicant is encouraged to construct the trail along Aajker Creek with a more durable surface such as permeable pavers. The maintenance of these facilities is heavily dependent on clear ownership and associated responsibilities. Conditions 5, 6, and 17 require provisions for open space maintenance, notice to owners of obligations for maintenance, and a plat certificate to transfer ownership of common spaces and associated facilities to the property owner’s association. This does not require any additional facilities but simply addresses the transfer of ownership. 4) The effect on the Natural environment As described, the site has considerable wetlands and surface waters. There has been no material injury to the natural environment identified with this development. The applicant has proposed the use of drought tolerant grasses in common area. This is consistent with the City’s Integrated Water Resources Plan and Climate Action Plan which encourage conservation of resources. Some areas are already vegetated as a result of the wetland enhancement project permitted under a prior 404 process. There will be some disturbance of established vegetative areas as a result of the necessary street and trail construction. The City encourages use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 20 of 26 order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Conditions 17 and 37 requires that necessary ownership and rights are transferred to the HOA for private improvements. The site is in an area of high groundwater which may negatively impact future homes. Adequate drainage plans are necessary to prevent the inappropriate transfer of stormwater runoff onto adjacent private property. Condition 30 notifies owners of potential hazard of groundwater and put a procedure in place to avoid in appropriate grade changes. During the period of development for the Valley West PUD which initiated the wetlands project which was approved through the completed 404 permit, the City revised its water course and wetlands standards. The applicant has performed fully on the 404 permit. The proposed development has some stream crossings for trails and has some park and lot area close to the required setback boundary. A PUD relaxation was advertised to allow such encroachments into the revised setbacks as may be required to be consistent with the original 404 permit. It has not been documented that encroachments do occur but this was considered by staff to be the correct manner to address this issue in a manner open to public review but still protect the owner’s ability to rely upon the previously issued permitting. The project site has high ground water which can flood crawl spaces. Water removed from crawl spaces must go somewhere. Illicit discharges to the sanitary sewer consumes pipe capacity and can over burden the system. Discharge to streets can over burden the surface drainage system. The subdivision includes stormwater controls to offset this concern. 5) The effect on Wildlife and wildlife habitat The site has been substantially impacted already which has reduced wildlife habitat. The approved and constructed 404 permit created additional wetlands which provide small animal and bird habitat. Large animal habitat is displaced. FWP offered comment on prior phases and did not identify any barriers to this development. The lakes have been established for several years and future stocking of fish is proposed which will create some additional opportunity for water fowl. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 21 of 26 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 28, 2016. With the pre-application plan review application, waivers were requested from the materials required in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” The waiver requests for items 5-9, 17, and 19 of the supplement checklist were granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. Some material is repeated from the original Lakes at Valley West preliminary plat application. 38.41.060.A.1 Surface Water Supplemental information was provided showing location of surface waters. The two lakes are the primary distinguishing features of the site. Baxter Creek crosses the site on the eastern side. Most surface waters will be contained within a publicly dedicated park or a protected common open space. The water features and protective regulations do not interfere with any proposed lot location. The lakes are groundwater fed and have an outlet to Aajker Creek on the NW of the western pond. The lakes can be controlled in height in a depth range of approximately 3 feet. 38.41.060.A.2 Floodplains The mapped floodplains for Baxter Creek and Aajker Creek are located in common open spaces or parks. No floodplain encroachments are proposed except for allowed trail crossings. 38.41.060.A.3 Groundwater The groundwater level varies significantly across the site. The highest level is on the east adjacent to Baxter Creek and is at approximately 2 feet in depth. The lowest level is towards the NW portion of the site with a depth of 8 feet. Due to the comparatively high level of ground water Condition 30 requires that a note be placed on the plat advising future lot purchasers of the high groundwater. 38.41.060.A.4 Geology, Soils and Slopes Soils appear adequate to carry the burden of infrastructure and residences. 38.41.060.A.5 Vegetation The site is mostly covered with grasses reestablished after the site was used as a gravel pit. A wetlands restoration project was permitted and completed to establish or expand wetlands on the perimeter of the lakes and in the Baxter Creek Natural Area. The US Army Corp of Engineers has given final approval for the wetland project. A variety of woody plants were placed around the lakes which are now ranging from 4 to 6 feet in height. The applicant proposes a mix of low 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 22 of 26 water use grasses for most of the open space and park areas. It will be necessary to have initial irrigation in place to establish new planted areas. Such irrigation systems may be temporary in nature and may be removed after establishment of the vegetation. 38.41.060.A.6 Wildlife Material waived. 38.41.060.A.7 Historical Features Material waived. There are no identified historical features on the site. 38.41.060.A.8 Agriculture Material waived. The site has been greatly disturbed in the past by gravel mining operation. Surface soils are no longer suitable for agricultural uses. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities cross Phase 5 & 6. 38.41.060.A.10 Water and Sewer The site will be served with municipal services as discussed under Criteria 3 of the Primary Review Criteria. A lift station is needed to direct sewage flow. Adequate information was provided with the application to facilitate review. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction. 38.41.060.A.11 Stormwater Management The application proposes to manage stormwater onsite. Review of the proposed methods of treatment appears to comply with adopted standards. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys A traffic study was provided. Adequate capacity was demonstrated to accommodate this project. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. However, in the event front and/or rear yard utility easements are used, side yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 23 of 26 and Director of Public Works indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. 38.41.060.A.14 Educational Facilities A letter from the district was included in the submittal materials. Facilities appear adequate. No comments were received from the school district. 38.41.060.A.15 Land Use The associated planned unit development is the vehicle to modify lot dimensional standards and uses. If the PUD is approved then the subdivision will be in conformance with required land use regulations. The use proposed is exclusively residential which conforms to the future land use designation and zoning purposes. 38.41.060.A.16 Parks and Recreation Facilities A park master plan was submitted which approved by the City Commission with Phase 1. The park plan provided adequate area of park for all phases to date. 38.41.060.A.17 Neighborhood Center Plan Material waived. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan and installation of lights has been proposed. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City’s requirement for cut-off shields. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Affordable housing is proposed with this development. Final affordable housing application must be approved prior to plat. Qualification of buyers will be reviewed through our affordable housing program. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 24 of 26 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential Single Household Low Density District). The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND The Lakes at Valley West Subdivision Phase 5 & 6 has been submitted in conjunction with a Planned Unit Development. The project subdivides an area included with the original Valley West development begun in the late 1990’s. The developed portion of that project exists east of Cottonwood Road. The original Valley West development included Bronken Park and the Baxter Creek Natural Area. This property which is the subject of the current application has been physically altered over time to accommodate two lakes and adjacent wetlands that were required as wetland mitigation area for the phases of Valley West east of Cottonwood Road. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 25 of 26 This area has always been a planned phase of Valley West, but the approved PUD design had changed over time. This PUD proposal approved with phase 1 and continued with this application requests a modified design that eliminates a small commercial element and proposes a small lot pocket neighborhood design with alternative access via a modified alley design. The new layout reduces the amount of parkland area with street frontage and provides, in lieu, a combination of parkland and public access open space with less street frontage. The development has the potential for additional phases of residential development. The subdivision of the property is proposed for 79 dwellings with 20 ADUS, nine open space lots, and one park lot. As part of the overall design the applicant is proposing developing an unusual cross section for several “woonerfs” which are multi-user streets with a narrow character. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Additionally, notice of the project was published on the City of Bozeman website. Content of the notice contained all elements required by Article 38.40, BMC. No public comments have been received as of the writing of this report. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: The Lakes at Valley West, Bozeman, Two, LLC, 2880 Technology Blvd., Bozeman MT 59718 Applicant: Kilday & Stratton, Inc., 2880 Technology Blvd., Bozeman MT 59718 Representative: Morrison Maierle, Inc. PO box 1113, Bozeman, MT 59771 Report By: Sarah Rosenberg, Community Development FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. A special surcharge will be required to offset the expenses associated with service by the sewer lift station. Other than these items no unique fiscal effects or impact on budgeted items have been determined. 18022, Planning Board Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 26 of 26 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials.