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HomeMy WebLinkAbout18458 Nelson Meadows staff reportPage 1 of 42 18458, Planning Board Staff Report for the Nelson Meadows Subdivision Public Hearing Date: Planning Board, January 15, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana. City Commission, February 4, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana. Project Description: A Preliminary Plat application for a proposed 27 lot industrial subdivision with two (2) stormwater tracks, open space, one lift station lot, and rights-of-way on two existing parcels consisting of 69.26 acres. Project Location: The subject property is zoned M-1, light industrial district. The property is legally described as Tract 1C of COS 1372B and Tract of COS of 1372, located in Section 27, Township One South (T1S), Range Five East (R5E), Gallatin County, Montana, and the Northeast Quarter of the Northeast Quarter (NE¼NE¼) and the East Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼) of Section 22, Township One (T1S) South, Range Five (R5E) East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Planning 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 18458 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: January 10, 2019 Staff Contact: Tom Rogers, Senior Planner Griffin Nielsen, Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1) None 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 2 of 42 Project Summary The applicant, NorBarTimCo Properties, LLC is proposing to subdivide 69.26 acres to create 27 lot industrial subdivision with two (2) stormwater tracts, open space, one lift station lot, and rights-of-way for industrial use. The proposed subdivision requires installation of on and off-site infrastructure including roads, intersection improvements, water distribution, and wastewater collection systems. Water and wastewater systems require off-site improvements to connect to the existing City systems. Water and wastewater systems are currently provided on the southeast corner of the MDT site east of Nelson Road. This subdivision will construct a connection under Nelson Road for water and sewer lines running approximately 765 feet to connect to the City system, see Water & wastewater system map in section 2 below. In addition, a stubs for the future connection to the Davis Lane Lift Station and the I-90 water main extension is are required. The applicant with will pursue any infrastructure cost share or payback mechanisms for improvements exceeding minimum required to serve this development. Determination of exact scope or amount is not part of this subdivision review. The subject properties were recently annexed, see Resolution No. 4905, and zoned M-1 (Light Industrial District) under the name of the Park Place Annexation. Application for the Nelson Meadows subdivision, renamed due to name conflict, was submitted on October 3, 2018. The subdivision is proposed to be constructed in one phase with all infrastructure installed or financially guaranteed as allowed by City code. The application was brought before the Development Review Committee (DRC), Parks and Recreation Advisory Committee (Pre-app only), and the Bozeman Area Pedestrian and Traffic Safety Committee for review and recommendation, if appropriate. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on October 26, 2018 and November 28, 2018. On November 28, 2018 the DRC determined the application contained adequate information for continued review. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by February 25, 2019. The City Commission is scheduled to review the preliminary plat and make a decision at their February 4, 2019 public hearing. The Pedestrian Traffic and Safety Committee (PTSC) met on Tuesday, November 13, 2018 to discuss and comment on the proposed Nelson Meadows subdivision. A recommendation to connect the asphalt trail on the north side of Frontage Road to the intersection of Valley Center Spur to support the intersection improvement Montana Department of Transportation (MDT) was proposed. The Committee is supportive of the project and furthering the multimodal connection along Frontage Road. A summary letter prepared by the Committee chair is attached to this report. The Bozeman Planning Board is scheduled to consider the application on Tuesday, January 15, 2019. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 3 of 42 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 ........................................................................................................................ 3 SECTION 1 - MAP SERIES.............................................................................................................. 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ................................................... 10 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ................................ 14 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 20 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................................ 20 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ........................... 21 Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 23 Preliminary Plat Supplements ....................................................................................... 29 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 36 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 41 APPENDIX C - OWNER INFORMATION ..................................................................................... 41 FISCAL EFFECTS .......................................................................................................................... 42 ATTACHMENTS ........................................................................................................................... 42 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 4 of 42 SECTION 1 - MAP SERIES Current zoning map 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 5 of 42 Future land use map 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 6 of 42 Current land use map Page 7 of 42 Context map Un-zoned property MDT Site Subject property AS zoning Un-zoned property AS zoning Valley Center Road Cemetery Bozeman WRF 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 8 of 42 Water & wastewater system map Connection point Nelson Road Legend Forcemain Water supply Nelson Meadows Subdivision Page 9 of 42 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 10 of 42 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The 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. 3. The final plat must provide all necessary utility easements and 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 all utility companies providing service indicating that rear or side yard easements are not needed. 4. Prior to final plat approval, written verification of a signed and executed encroachment agreement between Yellowstone Pipeline Company and BarTimCO Properties, LLC. is required. 5. The encroachment agreement between Yellowstone Pipeline Company and BarTimCO Properties, LLC. may require the City of Bozeman to be a party of said agreement. Prior to final plat approval written verification stating whether or not the City must be a party of said agreement must be provided. 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. With concurrent filing of the final plat with the Clerk & Recorder, the County Road easement shown on the plat and described in Sheet No. 4 and 5, Road No. 42, Field Book 162, Page 41 must be properly abandoned. 8. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. 9. Trees may not be located within 10 feet of sewer and water services. Sewer and water services must be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 10. Due to the proximity of the Yellowstone Pipeline a plat note must be included on the note sheet of the final plat stating: “Pursuant to section 1.7 of the General Encroachment Guidelines for Design and Construction near Phillips 66 Pipeline Company LLC and Facilities, Exhibit B of the encroachment agreement between BarTimCo and Philipps 66 Pipeline Company, no tree or deep-rooted plants are permitted within the ROW.” 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 11 of 42 11. 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. 12. 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 of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Nelson Meadows subdivision. 13. Property owner’s association documents must address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must 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 there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 14. Covenants, Conditions, and Restrictions a) Nelson Meadows Development Design Standards and Guidlines. Part 1.1 states DLUP must be issued in accordance with the “PUD”. Staff was unable to find a definition for the acronym. Because the plat states certain public improvements are to be financially guaranteed there is confusion to whether or not the intent to subdivide the property pursuant to a Plan Unit Development (PUD). Please revise this section or submit a complete PUD application for review. See also part 3.1, 3.2, 3.3, b) Advisory note: Nelson Meadows Development Design Standards and Guidelines Part 1.3.c.B. (page 8). Minor clerical error. “BU” should say “BY”. c) Advisory note: Part Nelson Meadows Development Design Standards and Guidelines B: Landscape Design (page 26-28) –standards. Reference is made to the UDO, please consider changing to Chapter 38, Unified Development Code, Bozeman Municipal Code the first time with acronym of “UDC.” See also Building Design and other subsections. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 12 of 42 15. 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. 16. 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 Nelson Meadows Subdivision. 17. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 18. 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. 19. All required hammerheads must be design and constructed to 2012 IFC Appendix D Fire Apparatus Access Road standards and include a public access easement acceptable to the City. 20. Fire hydrants must be installed at least every 400 feet. 21. COS 1372B shows a 30 foot access and utility easement to Tract 1D. Prior to final plat approval the easement must be properly vacated. Written verification must be provided. 22. The applicant must add a note to the Conditions of Approval sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association. 23. 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 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. 24. Cash-in-lieu of water right. The transfer of water rights or the payment of cash-in- lieu (CIL) of water rights shall be provided prior to final plat approval. 25. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of the private lift station, and responsibility of maintenance thereof shall be that of the property owners’ association. Maintenance responsibility shall include, the lift station and all associated appurtenances for full functionality. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of the lift station.” 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 13 of 42 26. Property owner’s association documents must include a lift station maintenance plan, acceptable to the City and consistent with the manufacture’s recommendations for the specified pumps and appurtenances. Engineering 27. 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 Nelson Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Frontage Road including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to East Valley Spur including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to Nelson Road and Frontage Road. e. Intersection improvements to East Valley Spur and Frontage Road. f. Intersection improvements to Prince Lane and Frontage Road. 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 a copy of the filed SID waiver prior to final plan approval. 28. The applicant must construct the northeastern leg of the intersection of the East Valley Spur and Frontage Road and connection to the local street (Prince Lane) prior to final plat approval or demonstrate formal denial from the Railroad and/or the Montana Department of Transportation for the connection. 29. The proposed development falls within a known area of high groundwater as identified in the Groundwater Report. No crawl spaces or basements may be constructed. This note must be added to the plat. 30. The overlap of the public right-of-way and the Yellowstone Pipeline Company right- of-way easement must be minimized. The proposed street and utility mains paralleling the pipeline must be shifted outside of the area defined in the encroachment agreement presented or the pipeline be relocated. 31. The overlap of the public right-of-way and the Montana Power Company Gas Line Right-of-way easement must be minimized. 32. The applicant must dedicate right-of-way along Nelson Road for area current encompassed with the Public Street and Utility easement. 33. The applicant must dedicate right-of-way along northern property boundary for area current encompassed with the Public Street and Utility Easement. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 14 of 42 34. A noted should be added to the plat that existing 60 foot wide county road easement will be vacated with this plat. 35. A 1 foot “No Access” strip shall be place the Nelson Road Frontage of Block 1 and 2 where shared access is not specifically indicated. 36. A 1 foot “No Access” strip shall be place the Nelson Road Frontage of Block 3 north 150 feet from the intersection of Prince Lane and 150 feet south of the proposed Public Street and Utility Easement. 37. Due to the high groundwater and pour subgrade conditions noted in the Geologic Report the public utility mains must be laid with geotextile fabric below adequate pipe bedding. 38. Due to the high groundwater and increased rate of corrosion with in the clay soils all water mains must be zinc coated. This condition may be met if the applicant can demonstrate to the engineering department that the additional catholic protection is not required. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. Section 38.270.030 requires that all public dedicated improvements including streets, water mains, sewer mains, parkland, and related improvements, and public streets prior to final plat approval. The face of the plat states that these items will be financially guaranteed. Some public improvement may exempt from this requirements if the development occurs under the provisions of division 38.430. 2. Lot 1, Block 6 shows what appears to be a lot line in the northwest corner. Please remove this line prior to submitting the final plat application. 3. Stormwater facility No.1 and 2 appear to be constructed within the access and utility easement. Revise to remove the stormwater retention/detention pond from being constructed within the easement. 4. Section 38.410.060.C. Public utility easements. An easement for the stormwater system must be provided. The stormwater inlet pipe is located outside of an easement. Please relocate the stormwater pipe or provide an easement for access and maintenance of the system. 5. Section 38.410.080.D. Grading and drainage. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways 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 the property owner's association (POA) documents. Staff was unable to find the maintenance plan. 6. Section 38.240.150.A. Plats. The final plat must conform to the uniform standards for final subdivision plats as set forth in 24.183.1107 ARM as may be amended and to the standards required by the county clerk and recorder. The plat scale shows a 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 15 of 42 scale 1:60, the actual scale is 1:100’, please revise prior to submitting final plat application. Engineering Provisions 1) Bozeman Unified Development Code Section 38.400.050.A.1 states: All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. a) The applicant is responsible for their share of the local street which aligns with Stonegate Drive from Nelson Road to the western property boundary, per UDC Section 38.400.010.A.1. b) The intersection of the Nelson Road and Frontage Road does not meet the minimum intersection angle requirement of 60 degrees, per UDC Section 38.400.030.A.1. The intersection must be realigned so Nelson Road and Frontage Road intersect at 90 degrees and meets the City’s minimum street design standards prior to final plat. The changes to the intersection will also require approval from the Montana Department of Transportation. c) Nelson Road must be constructed to the City collector street standard per the City’s complete streets policy from the intersection of Frontage Road to the northern property boundary prior to final plat approval. 2) Bozeman Unified Development Code Section 38.400.060.B.4 states: states: All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C" unless specifically exempted by this subsection. 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. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole. a) The traffic impact study provided indicates that the intersection of the Nelson Road and Frontage Road will operate below a level of service C will operate at a LOS E during Weekday AM conditions and LOS D during PM Weekday conditions for the south bound left turning movements. The intersection must operate at minimum LOS of “C” at the design (15 years beyond the review year) for final plat approval. The applicant is responsible for constructing the necessary improvements (signalization and turning bays) at the intersection of Nelson Road and Frontage Road as well as meeting the requirements of the UDC Section 38.400.030.A.1. Changes to the intersection will also require approval from the Montana Department of Transportation. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 16 of 42 3) Bozeman Unified Development Code Section 38.410.060.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. a) The Yellowstone Company Pipeline Right-of-Way Easement may not encumber public right-of-way without the approval from the City of Bozeman Legal Department and the pipeline company, UDC Section 38.410.060.B.1.c. b) The Montana Power Company Gas Line Right-of-Way Easement may not encumber public right-of-way without the approval from the City of Bozeman Legal Department and the pipeline company, UDC Section 38.410.060.B.1.c. c) Public right-of-way must be provided for the intersection improvements to Nelson Road and Frontage Road. The applicant must dedicated the right-of-way with the plat. d) The shared access between Lots 21 and 22 of Block 1 is unclear. The plat must be altered to clearly identify the size and extent of the shared access. The access must align with the existing south access to MDT’s facility. e) The Yellowstone Company Pipeline Right-of-Way Easement may not encumber the proposed public utility easement without the approval for the City of Bozeman Legal Department. f) The lift station tract may not be placed within the public street easement. g) Sheet 2 of the plat includes the “Utility Easement” note indicating the location of the Public Utility Easements. The note does not specify that 10 foot utility easements will be provided along public street easement as required by UDC Section 38.410.060.B.2.a. The following location must be addressed: i) A minimum of a 10 foot public utility easement must be provided along the south side of the 30 feet Public Street and Utility easement. ii) A minimum of a 10 foot public utility easement must be provided along the west side of the Public Street and Utility easement provided for Nelson Road. 4) Bozeman Unified Development Code Section 38.410.060.D States: Easements for agricultural water user facilities. 1. Except as noted in subsection D.2 of this section, the developer shall establish appropriate irrigation facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement shall facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements shall ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 17 of 42 the irrigation facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the irrigation facility easement without the written permission of the facility owner. a) The applicant must provide easement for the agricultural user facilities (Cattail Creek) passing through the subdivision property prior to preliminary plat approval. The plat identifies that Cattail Creek will be located within a Common Open Space but does not designate that the agricultural user has legal access. 5) Bozeman Unified Development Code Section 38.570.030. Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City of Bozeman Design Standards and Specifications Policy. a) The applicant must construct street lights per the DSSP and setup a special improvement lighting district (SILD) for maintenance of the lights with the City Finance Department prior to final plat approval. 6) Bozeman Unified Development Code Section 38.410.070.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. The developer shall submit plans and specifications for the 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. a) Water mains must be constructed to the property consistent with the City’s Water Facility Plan as per UDC Section 38.410.070.A.1. i) The subdivision is the first property to be located within the HGL 4725 Northwest 3 pressure zone. Each new pressure zone requires at least two feeds to function. The applicant must construct two pressure reducing valves with the water distribution system in order for the subdivision to be served. ii) The Water Facility Plan calls for a water main connection from Davis Lane across Interstate- 90 adjacent to the Davis Lane Lift Station to provide looped distribution. The proposed subdivision must connect to the crossing. The City is planning to construct the water main with CIP Project No. WIF25. The applicant must provide a cash-in-lieu of infrastructure payment for their proportional share of the water main as per UDC Section 38.270.070. In addition the 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 18 of 42 connection point must be included in the design to the subdivision’s distribution system. b) Future development relies on the proposed Davis Lane Lift Station defined in the City Wastewater Collection Facilities Plan. The applicant must connect to the Davis Lane lift station at the time of completion. A connection the Davis Lane lift station must be designed for with the private lift station. c) The applicant must provide the design report and plans and specification for the private lift station with the subdivision infrastructure review. d) A 12 foot all-weather access road, designed to accommodate service vehicles must be installed from the public street along the utility easement to the manholes in Block 1 and 2 located outside of the public street. e) A maintenance plan, including snow removal, for the 12 ft all weather access to all manholes outside of a public street must be approved by the City and incorporated into the property owner’s association (POA)/ home owner’s association (HOA) documents and demonstrate inclusion in the documents prior to final plat approval. 7) Bozeman Unified Development Code Section 38.410.080.A. The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. a) The stormwater lots may not be located within the public street and utility easement, the lots must be relocated prior to preliminary plat approval. b) The stormwater system must be designed to accept drainage from the full subdivision and the future street to the north. The proposed stormwater ponds are significantly undersized to serve the proposed subdivision. The stormwater system has only been designed to accept drainage from the public right of way, the system must include drainage from the pre-developed lots of the subdivision as per the City of Bozeman Design Standards and Specification Policy. c) A 12 foot all-weather access road designed to accommodate service vehicles must be installed from the public street to the proposed ponds. d) The subdivision is responsible for maintaining the stormwater system. The stormwater maintenance plan must be incorporated into the property owner’s association (POA)/ home owner’s association (HOA) documents and demonstrate inclusion in the documents prior to final plat approval. 8) Bozeman Unified Development Code Section 38.410.130 states: Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 19 of 42 one of the following must occur: Payment must be made to the city of a payment- in-lieu of water rights, calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price. a) The applicant must pay CIL of water rights prior to final plat approval. 9) BMC Section 38.540.020.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. a) Adequate snow storage must designated for all public and/or common space. The applicant must identify the snow storage location for the temporary turn around along Royal Wolf Way, the lift station, and for all weather access roads. If the snow storage is located outside of a public right-of-way or easement addition snow storage easements must be provided prior to preliminary plat approval. 10) BMC Section 38.600.130.C states: The city floodplain administrator is appointed with the authority to review floodplain development permit applications, proposed uses and construction to determine compliance with these regulations. The city floodplain administrator is required to ensure a ll necessary permits have been received from those governmental agencies from which approval is required by federal and state law and local codes, including section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural Streambed and Land Preservation Act. a) A floodplain permit is required for any development occurring in the floodplain. City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. The applicant must submit all necessary permits and receive approval from the City prior to preliminary final approval. The Flood Hazard Evaluation provide has not been approved. City’s Floodplain Coordinator has provided the following comments: i) The report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the 50’ wetland setback. The locations of fill are not specified in the flood hazard report, nor is there any consideration given to flood hazard fill in prelim drainage plan. The flood hazard report needs to be amended to show the proposed fill locations and the resultant proposed floodplain area. Also, the recommended finish floor elevations tabulated on Page 2 of the flood report need to be noted on the final plat for the respective lots. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 20 of 42 ii) Neither the flood hazard report nor the drainage report provide any information for sizing the stream crossings for the internal subdivision roads (Prince Land and Royal Wolf Way). These reports need to be updated to size the internal road culvert crossings. The hydraulics of the internal crossings feeds back to the flood report in that fill locations (including roads) and crossing capacities needs to be accounted for in producing the proposed floodplain area. It is recommended that the crossings be sized to pass the flood discharge without overtopping the roadway. Advisory Comments 1. The applicant 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 applicant. 2. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions and code corrections on November 28, 2018. The Planning Board will hold a public hearing on January 15, 2019 to review the preliminary plat. The public hearing date for the City Commission is February 4, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 21 of 42 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. 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. Sections 2 and 3 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on October 3, 2018, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on October 26, 2018 and November 28, 2018. On November 28, 2018 the DRC determined the application contained adequate information for continued review. Public hearings were scheduled on December 19, 2018. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by February 25, 2019. The City Commission is scheduled to review the preliminary plat and make a decision at their February 4, 2019 public hearing. The application was brought before the Development Review Committee (DRC), Parks and Recreation Advisory Committee (Pre-app only), and the Bozeman Area Pedestrian and Traffic Safety Committee for review and recommendation, if appropriate. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 22 of 42 The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.240.130.A.5.a(4), BMC, the City Commission shall approve, conditionally approve or deny the subdivision application by February 25, 2019, 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 January 10, 2019, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the City Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 2 & 3. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All city utilities will be located within dedicated street right of ways. Conditions 3, 4, 5, 6, and 7 require performance of these obligations. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to proposed public streets required to be constructed to City standards per 38.400 and associated design standards. In addition, pursuant to Section 38.400.090.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. Lot 9 and 10, Block 2 will have a shared access point onto Nelson Road to insure safe ingress and egress on to Nelson Road which is a designated Collector street. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 23 of 42 Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated an industrial area according to the City of Bozeman Community Plan. As noted above, the subject property was recently annexed into the City and through that process modified the future land use map from Present Rural to Industrial and established initial zoning of M-1 or Light Industrial. According to the documentation found in section 18 of the applicant submittal, the property has historically been, “used for agriculture and is currently managed under separate farm leases. A review of historic aerial imagery obtained from Google Earth revealed that the subject property has been managed for agriculture from at least as far back as 1995. A review of the Montana Natural Heritage Program’s statewide land cover data indicates the land use on the subject property as cultivated “Cultivated Crops””. A noxious weed inventory was completed in May 2018, and a weed and revegetation plan was developed and submitted to the Gallatin County Weed Board. Noxious weeds on the subject properties included Canada thistle, common tansy, and hounds tongue. The area is zoned for industrial use and has been annexed but is vacant. The size of the parcels may be conducive to a viable farm unit, however, the properties are bounded by a storage facility to the north, a cemetery to the west, a Montana Department of Transportation facility and agricultural lands on the east, and Frontage Road to the south. According to the Montana Department of Revenue the vacant lands adjacent and near the subject property are classified as “non-qualified agricultural lands”. Non-qualified agricultural lands are parcels of contiguous land between 20 and 160 acres that do not meet the requirements for agricultural lands. To qualify as agricultural land according to the Department of Revenue they must be under one ownership, be used for agricultural use (defined by 15-1-101, MCA), used to produce:  Food, feed, and fiber commodities  Livestock, poultry, bees, and biological control insects  Fruits and vegetables  Sod  Ornamental, nursery, or horticultural crops that are raised, grown, or produced for commercial purposes Are used to raise domestic animals and wildlife in domestication or a captive environment, and must be a parcel of contiguous land with one owner of over 160 acres or under 160 acres and able to earn over $1,500 yearly from agricultural use. Therefore, due to the proximity to I-90, Frontage Road, rail connections, a designated Collector street, other incompatible ag uses, and that the City has determined the need for 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 24 of 42 industrial lands for the betterment of the community the conversion of vacant land into industrial use does not adversely affect agriculture. 2) The effect on Agricultural water user facilities The applicant states there are no agricultural water user facilities exist on the property. However, Cattail Creek conveys irrigation water for private and irrigation and historically conveyed irrigation to Beck Jones ditch. The area is zoned for industrial development, and has begun to develop on adjacent properties. According to the 1961 Gallatin County Water Resource Survey the Beck-Jones or Beck- Jenson ditch traversed the property with laterals serving portions of the property. Construction of I-90, Frontage Road, and Valley Center Road have modified their use and function. All that remains is the channelized Cattail Creek that bisects the property from south to north. Surface water rights are severed with this subdivision and the lateral was abandoned prior to the annexation of the property. Staff included the code provision requiring a access easement to insure down river water users can maintain the function of the waterway, see code provision 4. In conclusion, with the required easement no adverse effects on agriculture water user facilities are anticipated. 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site with construction of additional water/sewer services to the property. According to the Nelson Meadows preliminary plat water and sewer report an approximately 700 foot water main is needed to connect to the existing connection point at the MDT site and additional 3,800 feet to connect the WRF. Collection of wastewater from the proposed development will consist of lot sewer services, gravity sewer main piping and manholes, a lift station, a forcemain, and connection to an 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 25 of 42 existing City sewer outfall. Sewer services will be 6” diameter piping stubbed from the sewer mains to the property lines for future connection when buildings are constructed. Sewer mains will be located in the street right-of-ways draining to the north end of Royal Wolf Way. 8” diameter sewer mains and 4’ diameter precast concrete manholes will be used for gravity collection. A lift station will be located at the termination of the gravity collection system and will be deep enough to allow adequate sewer main pipe slopes throughout the project. The lift station will consist of a precast concrete wetwell structure with duplex submersible pumps and a building to house check valves, isolation valves, and flow metering. The lift station building will have utility power service and generator backup power with space for electrical panels, pump control panels, and a SCADA panel with alarm notification to the operator. Transport of pumped wastewater will be accomplished by a 6” diameter forcemain pipe routed in an easement along the north boundary of the subdivision to Nelson Road, south to the Frontage Road, and parallel southwest along the Frontage Road to the City’s existing outfall near Springhill Road. A 2” sewer forcemain for MDT is currently in the same alignment along the Frontage Road. The forcemain route could be altered to use the Moss Bridge Road alignment or can be integrated with the Davis Lane Lift Station and forcemain design project (CIP#WWIF24). Ultimately, the sewer outfall will discharge to the existing 30” interceptor sewer leading to the nearby Water Reclamation Facility headworks. The Water Facility Plan calls for a water main connection from Davis Lane across Interstate- 90 adjacent to the Davis Lane Lift Station to provide looped distribution. The proposed subdivision must connect to the crossing. The City is planning to construct the water main with CIP Project No. WIF25. The applicant must provide a cash-in-lieu of infrastructure payment for their proportional share of the water main as per UDC Section 38.270.070. In addition the connection point must be included in the design to the subdivision’s distribution system. All improvements must be reviewed and approved by the City Engineering Department prior to final plat approval. Water for irrigation of open spaces is required and proposed to be provided by a well. The applicant must provide transfer of ownership to the Property Owners’ Association (POA) so that the POA can legally have the water resources necessary to maintain the open space. Irrigation facilities to support the proposed open space must be transferred to the City. Code Requirement 4 requires DNRC certificates be included with the final plat submittal. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 26 of 42 Condition 8 and 17 and Code requirement 9 outline the required completion of easements and physical installation of water and sewer mains. Cash in lieu of water rights is required to provide long term water to the project. Code provision 11 applies to this issue. Streets – The Growth Policy, Bozeman Transportation Master Plan, and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public, provide adequate safety, and alleviate congestion. The preliminary plat layout creates two connections to Nelson Road and will provide a secondary access point to Frontage Road at which time the connection is possible. An existing County Road easement is shown on the face of the plat. This easement is the historic roadway for the continuation of Springhill Road that was severed with the construction of I-90. The easement must be properly vacated with filing of the final plat approval. The revised circulation on the site is adequate to meet the intent and purpose of this previously planned road. A mid-block crossing is required to meet minimum block length and width standards of section 38.410.040. A concrete sidewalk is required to be constructed prior to final plat approval to provide adequate pedestrian access to the site and Frontage Road. There are unique site specific constraints with the site. Frontage Road, in addition to being a Montana Department of Transportation route, is a designated Arterial street and Nelson Road is a designated Collector according to the Transportation Master Plan. As such, limited access MDT site and water/sewer connection point Subject property Bozeman WRF 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 27 of 42 point are permitted to improve safety. In addition, the location of the Cattail Creek bisecting the property and requiring wetland setbacks to insure water quality precludes an additional roadway in the immediate vicinity. Therefore, the proposed road layout meets the standards of adopted plans and design standards. The northern terminus of Royal Wolf Way must be constructed with temporary cul-de-sacs or hammer-head turn-around per City Fire Department requirements. A temporary cul-de- sacs or hammer-head turn-around per City Fire Department requirements will also be required if the connection from Prince Lane to Frontage Road cannot be completed prior to final plat approval. Code requirement 19 requires provision of the necessary easements prior to approval of plans and specifications and any commencement of construction. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Condition 16 ensures that the SILD will be formed and effective before final plat. The requirement for a single SILD will simplify long term maintenance of the street lights and provide a cost that is more equitably shared. Maintenance and use of public streets is subject to the terms of the municipal code. The certificate of dedication for the final plat must specify responsibilities for maintenance of all streets, parks and open spaces. Code provisions apply to this issue. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Fire protection standards require the installation for fire hydrants at designated spacing. Coordination for hydrant placement is included in Condition 19. 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 property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. The applicant is proposing contracting two ponds on individual lots located downstream of all lots and rights of way to serve this purpose. Public utility, access, and maintenance easements are required and are shown in code provision 7 along with the installation of drainage facilities in accordance with state DEQ and City standards. Parklands – As noted above, this subject property is zoned M-1 and design for industrial use. Pursuant to section 38.420.020.B.2, no parkland dedication is required with this subdivision. 4) The effect on the Natural environment Cattail Creek bisects the property and flows in a northerly direction. The creek has been channelized to the south with the construction of the I-90 interstate with a 36” corrugated 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 28 of 42 metal pipe (CMP) and a 48” reinforced concrete pie (RCP) under Frontage Road and then “daylights” exiting to the north. Wetlands are associated with the creek although restricted to a narrow strip east and west of the watercourse. The extent of the wetlands is shown on the preliminary plat. The applicant has provided a 50 foot watercourse setback to mitigate impacts on the wetlands and watercourse as permitted by section 38.410.100. In addition, required landscaping includes a planting plan in accordance with section 38.410.100.2.f. Flood Hazard Analysis: EX 1 Two stormwater ponds will be constructed to mitigate stormwater runoff created by placemen of impervious surfaces in the subdivision inclining streets, parking areas, and buildings. These facilities will be constructed to City standards and to insure adequate filtration and absorption prior to discharge back into Cattail Creek. The development proposes the use of an onsite irrigation well to provide irrigation for the landscaping. The City encourages use of wells or surface water rights to irrigate open spaces rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Code requirement 4 requires that necessary ownership and rights be transferred to the POA or City as appropriate. The site is in an area of high groundwater, which may negatively impact construction of buildings or cause illicit discharges into the sanitary sewer and over burden the surface 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 29 of 42 drainage system. Condition 3 prohibits use of basements and crawlspaces. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. In conclusion, this development will have minimal impacts on the natural environment. 5) The effect on Wildlife and wildlife habitat Appendices 16.b states the subject properties have historically been used for agriculture and the properties are currently managed under separate farm leases. The 10.546 acre property is currently planted with alfalfa crops. Tract 1C and 1D (approx. 60 acres) were not currently planted. The southern boundary of the properties align with Interstate 90 Frontage Road and the eastern boundary with Nelson Rd. The properties are bisected by Cattail Creek, which has been channelized through a culvert on the southern edge, under I- 90. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject properties are vacant. Minimal habitat exists on the properties, except for along the creek which has been significantly disturbed and channelized. A noxious weed inventory was completed in May 2018, and a weed and revegetation plan was developed and submitted to the Gallatin County Weed Board. Noxious weeds on the subject properties included Canada thistle, common tansy, perennial pepperweed and houndstongue. The required watercourse planting plan will reestablish woody materials along the watercourse. Ground cover plants will also be installed which will lessen sedimentation into the creek. Wetlands along the creek will be protected within the watercourse setback. Overall, the new vegetation should improve small bird, fish, and small animal habitat. A request for comment was requested from Montana Department of Fish Wildlife and Parks. No comment was provided. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on July 3, 2018. No subdivision submittal waivers were requested from the materials required in Section 38.220.060, “Additional Subdivision Preliminary Plat Supplements.” 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 30 of 42 Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. 38.220.060.A.1 Surface Water Surface waters on the property include Cattail Creek. The wetland fringe for Cattail Creek is constrained to a narrow shoulder on the east and west side of the channel. The wetlands setback shown on the plat and associated open space mitigate potential impacts future development may have on the watercourse. Therefore, minimal impacts to surface waters are identified. 38.220.060.A.2 Floodplains Cattail Creek is comprised of a natural riparian area running through the entire length of the boundary. The Cattail Creek flow path is not mapped by the National Flood Insurance Program for the 100 year flood plain in the most recent revision. A basin of about 2 square miles of mostly residential land use contributes to Cattail Creek as it flows through the proposed subdivision. The flow path through the basin is a mix of overland flow, storm drain pipes, natural channels, and long stretches of pipe. There are also multiple reservoirs that affect the flow through the basin. See primary review criteria No. 4 above. The existing stream and surrounding riparian area will be preserved, as all impervious development must be outside of a 50 foot wetland setback. Two road crossing will be designed to minimize the extent of impact to the natural channel. Therefore, no impacts to flood plains are identified. 38.220.060.A.3 Groundwater The groundwater monitoring well report is included at the end of the stormwater design report in Appendix 13.b and 13.c of the application submittal. Twelve ground water monitoring wells were used to determine estimated groundwater depth. Groundwater levels in the monitor wells were reported on a monthly basis from March to July, 2018. Ground water data and analysis can be found in tab 13. Data indicates ground water level is relatively high varying between approximately 4 and 8 feet below the surface. The soils and geology report in tab 14 indicates ground water is lower varying between 7 and 12 feet. However the soils data was collected in February which is typically the lowest ground water level. The summary geotechnical investigation report conducted in March 2018 is included in Appendix 14. The geotechnical report identifies the high groundwater issue and states that basements are not recommended in most parts of the site. Therefore, staff suggests condition number 3 limiting crawl spaces and full basement. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 31 of 42 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. The geotechnical investigation conducted in March 2018 is included with this application. However, overburden on the site renders suitable foundation bearing relatively deep at 6.0 to 10.0 feet. This fact requires additional excavation to construct footings for buildings, requires special attention for utility placements and support, and subgrade for the construction of roads. 38.220.060.A.5 Vegetation The site has a history of agriculture with few native plants present except in wetland fringe areas. A watercourse setback bordering Cattail Creek on the site will be revegetated with native grasses and shrubs as the proposed beginning of a trail corridor that will be continued adjacent to the wetland fringe. A review of historic aerial imagery obtained from Google Earth revealed that the subject property has been managed for agriculture from at least as far back as 1995. A review of the Montana Natural Heritage Program’s statewide land cover data indicates the land use on the subject property as cultivated “Cultivated Crops”. The 10.546 acre parcel is currently planted with alfalfa crops. Tract 1C and 1D (approx. 60 acres) were not planted as of May 2018. The southern boundary of the properties align with Interstate 90 Frontage Road and the eastern boundary with Nelson Rd. The properties are bisected by Cattail Creek, which has been channelized through a culvert on the southern edge, under I-90. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject properties are vacant. A noxious weed inventory was completed in May 2018, and a weed and revegetation plan was developed and submitted to the Gallatin County Weed Board. Noxious weeds on the subject properties included Canada thistle, common tansy, and houndstongue. 38.220.060.A.6 Wildlife As noted discussed in the primary review criteria above and in Appendices 16.b, the subject properties have historically been used for agriculture and the properties are currently managed under separate farm leases. The 10.546 acre property is currently 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 32 of 42 planted with alfalfa crops. Tract 1C and 1D (approx. 60 acres) were not currently planted. The southern boundary of the properties align with Interstate 90 Frontage Road and the eastern boundary with Nelson Rd. The properties are bisected by Cattail Creek, which has been channelized through a culvert on the southern edge, under I-90. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject properties are vacant. Minimal habitat exists on the properties, except for along the creek which has been significantly disturbed and channelized. The proximity to East Gallatin River corridor, habitat for a variety of small and large animal species, and being bisected by Cattail Creek provide evidence used to determine the property is valuable to the support of wildlife. No evidence of endanger species was found on the properties. On the other hand, the subject property has a number of distinguishing properties that overcome the value for wildlife and support industrial development. The Burlington Northern/Montana Rail Link rail road, Frontage Road, East Valley Center Road, and the I- 90 corridor make up the southern border of the property. Nelson Road, a designated Collector, bounds the east side, a large portion of the norther boundary is an asphalt parking lot and storage facility. The property has long been used for agricultural production and has been within the growth boundary for the City. In addition, the property underwent review to alter the land use designation to industrial and zoned for industrial uses. Finally, adjacent to the property is a MDT maintenance facility site. Therefore, development should not adversely impact wildlife. 38.220.060.A.7 Historical Features No notable features are on the site. 38.220.060.A.8 Agriculture According to the documentation found in section 18 of the applicant submittal the property has historically been, “used for agriculture and is currently managed under separate farm leases. A review of historic aerial imagery obtained from Google Earth revealed that the subject property has been managed for agriculture from at least as far back as 1995. A review of the Montana Natural Heritage Program’s statewide land cover data indicates the land use on the subject property as cultivated “Cultivated Crops””. The subject property is designated industrial area according to the City of Bozeman Community Plan. As noted earlier, the subject property was recently annexed into the City and through that process modified the future land use map from Present Rural to Industrial and established initial zoning of M-1 or Light Industrial. Therefore, due to the proximity to I-90, Frontage Road, rail connections, a designated Collector street, other incompatible ag uses, and that the City has determined the need for industrial lands for the betterment of the community the conversion of vacant land into 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 33 of 42 industrial use does not adversely affect agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities No agricultural water user facilities are present. However, as noted in the primary review criteria No. 2 above, agricultural water is conveyed through the site. An access and maintenance easement is required to insure downstream users have access to water rights. 38.220.060.A.10 Water and Sewer New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of water rights is required to provide long term water to the project. Code provision 11 applies to this issue. 38.220.060.A.11 Stormwater Management See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys Access to the property is proved by Frontage and Nelson Roads. Additional roads will be constructed to provide internal circulation for future users and emergency services. Frontage Road is a designated Minor Arterial street under the jurisdiction of Montana Department of Transportation (MDT) or until the City of Bozeman annexed adjacent properties and rights-or-way. Nelson Road is a designated Collector street. Arterial and Collector streets restrict access points to greater separation. An existing County road easement exists for the extension of Valley Center Road. The construction of I-90 severed this extension and East Valley Center Spur was built to accommodate access from the south to the north side of I-90. The proposed road design will eliminate the need for the road easement. A condition is included to insure the easement is vacated prior to final plat approval. MDT is in process of a number of infrastructure upgrades to Frontage Road for improve safety and accommodate growing traffic. Improvements include upgrades to the intersections of Nelson Road and Frontage Road and of East Valley Center Spur and Frontage Road. Specific improvements to Nelson and Frontage Roads include signalized control and the City is requiring 90 degree turning configuration. Pursuant to section 38.410.040, BMC Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 34 of 42 a block exceed 1,320 feet in length. Similarly, block width must not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. Due to the location of this property and its relation to major trail corridors listed in the Parks, Recreation, Open Space, and Trails Plan (PROST) and anticipated future commercial and residential growth in the area, a pedestrian rights-of-way is deemed necessary to provide a block separation to meet maximum width standards and provide means for multi-modal transportation to the City. The required pedestrian ROW is shown on the plat and must be constructed with a city standard sidewalk and be maintained by the property owners association pursuant to section 38.410.040.D. The block width from the intersection of Nelson Road and Royal Wolf Way to Prince Lane, with the pedestrian rights-of-way is 1,108 and 601 feet. The block would otherwise be 1,709 feet. Without the pedestrian ROW easement, a subdivision variance would be required. Prince Lane will be connected to Valley Center Spur Road with any required intersection improvements installed when deemed necessary and right of way is granted or secured through annexation or other mechanism. Frontage Road was constructed in a public access and utility easement granted by the rail road. Any connection to Frontage Road will require written approval from the Rail Company and coordination with MDT to configure the intersection properly. There is limited separation between Frontage Road and the RR crossing creating additional stacking and turning design challenges. Future connection is expected when the necessary right of way is obtained to connect the two road segments. In addition a city standard turnaround is also required at the northern terminus of Royal Wolf Way. A 30 foot public street and utility easement is required on the norther edge of the property to accommodate future connectivity. The distance between Nelson Road and E Valley Center Spur is approximately 2,275 feet, slightly more than one half mile. Half mile separation are typical separation for signalization on MDT roads in urbanizing areas. Joint access point are proposed for lots Block 1 and 2 facing Nelson Road. Numerous public access and utility easements make up the Nelson Road ROW. Conditions No. 32 requires the dedication of these public access and utility easements to rights-or- way. 38.220.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. City standards require a minimum 10 foot utility easement in the front yard pursuant to section 38.410.060. Side and rear yard utility easements (PUE) are not requirements but are 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 35 of 42 allowed. Nelson Meadows is proposing 20 foot front utility easements on all lots except lot 1 and 2, Block 6 and a portion of Lot 7, Block 7 to accommodate the existing underground pipeline. The PUE simply detached from the front property line to insure safe coexistence with the petroleum pipe line, electric power, and gas service. 38.220.060.A.14 Educational Facilities No residential use is proposed at this time. Required materials are provided. Adequate capacity is available. 38.220.060.A.15 Land Use The property is zoned M-1 (Light Industrial District) and the use proposed is exclusively industrial. Please refer to Appendix A for more information. 38.220.060.A.16 Parks and Recreation Facilities Pursuant to section 38.420.020.B no parkland dedication is required. Pursuant to section 38.420.110, developers must install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and must comply with City of Bozeman Design Specifications. Recreational pathways are required and provided as shown on the preliminary plat. A 6 foot asphalt multi-use path will be constructed within a 25 foot public trail easement along Frontage Road. An internal gravel fines trail will be constructed adjacent to Cattail Creek within the common space and outside of zone 1 of the wetlands setback area on the west side of the creek. A gravel fines trail will also be constructed on the west edge of the property and be connected to the open space trail adjacent to Cattail Creek on the northern edge of the property. All trails are within public access easements and will be landscaped. 38.220.060.A.17 Neighborhood Center Plan Pursuant to section 38.410.020.A a neighborhood center or plan is not required. 38.220.060.A.18 Lighting Plan All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. 38.220.060.A.19 Miscellaneous No additional impacts or hazards have been identified or are anticipated based on the analysis contained in this report. 38.220060.A.20 Affordable Housing No affordable housing is required for industrial subdivision. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 36 of 42 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned M-1 (Light Manufacturing District). The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. Pursuant to section 38.310.040, authorized uses, a wide variety of land uses are permitted within the M-1 district. Selected categories are listed below. Table 38.310.040.A. Permitted general sales uses in commercial, mixed-use, and industrial zoning districts. Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 1 1 B- 2 B- 2M B- 3 UMU (38.310.050) REMU (38.310.060) NEHMU 2 BP M- 1 M- 2 General sales Automobile, boat or recreational vehicle sales, service and/or rental — — — — — — P — P P — Automobile fuel sales or repair (38.360.070)* S S S S S S P — P P — Convenience uses (38.360.100)* — P P C C P P — — — — Heavy retail establishment (Retail, large scale - 38.360.150)* — P P C P C P — P P — 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 37 of 42 Restaurants* P 3 P P P P P P 1,500sf — P 3 P 3 — Retail* • 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 5,001-24,999sf GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 25,000sf-39,999sf GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • Over 40,000sf GFA (Retail, large scale - 38.360.150)* — P 4 P 4 — S — — — — — — Sales of alcohol for on- premises consumption (38.360.060) S 8 S 8 C 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4, article 2. 9. No gaming allowed. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 38 of 42 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B. Permitted services and temporary lodging uses in commercial, mixed- use, and industrial zoning districts. Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 1 1 B- 2 B- 2M B- 3 UMU (38.310.050) REMU (38.310.060) NEHMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 39 of 42 Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.D. Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts. 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 40 of 42 Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 1 1 B- 2 B- 2M B- 3 UMU (38.310.050) REMU (38.310.060) NEHMU 2 BP M- 1 M- 2 Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 41 of 42 3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Industrial.” This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.220, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the notice contained all elements required by Article 38.220, BMC. No public comment has been received. APPENDIX C - OWNER INFORMATION Owner/Applicant: BarTimCo Properties, LLC, 701 Gold Avenue, Bozeman, MT 59715 Representative: Morrison-Maierle, Inc., 2880 Technology Boulevard West, Bozeman, MT 59718 18458, City Planning Board Staff Report – Nelson Meadows Subdivision Page 42 of 42 FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Park and Recreation Comments Pedestrian and Traffic Safety Committee comments Application materials – Available through the Laserfiche archive linked agenda materials.  Form A1  Preliminary plat  Adjacent property owners  Project introduction and development team  Response to Pre-app comments  Road abandonment document  Geotech summary  Soils report  Agricultural water user facilities statement  Traffic study - partial  Water and sewer report  Proposed utilities exhibit  Landscape plan  MDT & Montana Rail Link easements and diagram  Yellowstone pipeline easement/ROW