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HomeMy WebLinkAbout08-19-19 City Commission Packet Materials - A1. The Parklands at Village Downtown Subdivision Preliminary Plat ApplicationPage 1 of 30 19135, City Commission Staff Report for the Parklands at Village Downtown Subdivision Public Hearing Date: Planning Board, August 6, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana. City Commission, August 19, 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 10 lot residential subdivision with stormwater tract, park, and rights-of-way on 4.6558 acres. Project Location: The subject property is zoned R-4 residential high-density district. The property is legally described as Lot 4A, Minor Subdivision 344C, located in the NE ¼ of section 7 and W ½ Section 8, Township Two South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets minimum standards for approval with conditions and code requirements Planning Board 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 19135 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions; and to recommend the staff and applicant to meet and seek resolution of the disagreements regarding conditions 20 and 26. City Commission Recommended Motions: 1) Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 19135 and move to approve the Parklands at Village Downtown subdivision with conditions and subject to all applicable code provisions. 2) Having reviewed and considered the application materials, public comment, Recreation and Parks Advisory Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for the park master plan associated with application 19135 and move to approve the Parklands at Village Downtown subdivision park master plan subject to all applicable conditions and code provisions. Report Date: August 12, 2019 Staff Contact: Chris Saunders, Community Development Manager Griffin Nielsen, Engineer 26 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 2 of 30 Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None. At Planning Board the applicant objected to two conditions. Staff has met with the applicant and resolved the objections. Applicant indicated agreement with revised conditions. Revised language is included in Section 2. Condition 20 addressing the configuration of the intersection of Village Downtown Boulevard and Front Street was revised to clarify that the applicant must address the intersection design to meet established design standards and alternative designs may be explored. Staff finds that the City’s adopted street design standards for intersections are not met with the design shown on the submitted materials and a compliant design is required. Findings for the condition are discussed on pages 10, 15, and 19 as different elements of the review criteria are affected. Former Condition 26 (now moved to Code Requirement 1) addressed the timing between construction of a sewer expansion needed to serve development on the property and the timing of the filing of a final plat. The sewer main serving the development is at full capacity and will be replaced by the City project in the near future. The code requirement limits issuance of building permits until after filing of the final plat as well as completion and acceptance of the sewer. The revision changed from a special restriction on filing of the final plat to a statement of the code requirement regarding timing of improvements and issuance of building permits. Project Summary The proposed subdivision occurs within the existing Village Downtown planned unit development. The project has been approved for up to 200 homes to date under several different applications. The area to be subdivided under this application is not included within the 200 previously approved homes. Portions of the approved homes have not yet been constructed and there is additional land remaining for future development to the north across the street from this project. The project includes 9 lots described as for individual homes and 1 lot for future development for multi-household residential. The individual lots on Block 2 can also be developed for more intensive uses as allowed in the R-4 zone. Access to the individual homes is provided by an alley and a greenway as allowed by municipal code. The proposed park is located adjacent to other property and will provide pedestrian connections to existing and proposed trail connections. The subdivision is proposed to be constructed in one phase with all infrastructure installed or financially guaranteed as allowed by City code. Relocation and expansion of a large 27 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 3 of 30 sewer trunk (WWIF11) is associated with this project. Several conditions and code requirements address coordination between this subdivision and the larger sewer project. The configuration of the intersection of Village Downtown Boulevard and Front Street is addressed to facilitate future development in the area. Planning Board The Planning Board conducted their public hearing on August 6, 2019. Two members of the public gave testimony regarding traffic, pedestrian crossings at the intersection of Village Downtown Boulevard and Broadway Avenue, and density. The applicant noted objections to Condition 20 regarding configuration of the intersection of Village Downtown Boulevard/Front Street/alley and referenced a letter submitted that afternoon; and Condition 26 regarding timing of sewer construction and filing of a final plat. After consideration of the application and all public comment the Planning Board recommended approval with conditions. The Board suggested applicant and staff meet to seek resolution to the objections. The video of the Planning Board meeting is available for review at https://media.avcaptureall.com/session.html?sessionid=06eec863-7960-4ca0-839a-5fc86674c5bb&prefilter=654,3835. The review of this subdivision was the first action item in the meeting. Alternatives 1. Approval of the application with the recommended conditions and code requirements; 2. Approval of the application with modifications to the recommended conditions; 3. Denial of the application based on the Commission’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. 28 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 4 of 30 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Planning Board.................................................................................................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES.............................................................................................................. 5 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ..................................................... 9 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 15 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................................ 15 Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................... 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 20 Preliminary Plat Supplements ........................................................................................... 26 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 28 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 29 APPENDIX C - OWNER INFORMATION ..................................................................................... 30 FISCAL EFFECTS .......................................................................................................................... 30 ATTACHMENTS ........................................................................................................................... 30 29 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 5 of 30 SECTION 1 - MAP SERIES Current zoning map 30 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 6 of 30 Future land use map 31 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 7 of 30 Plat drawing 32 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 8 of 30 33 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 9 of 30 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. Release of the existing sewer easement and provision of all new easement depicted on the plat or needed to provide utility services must be provided or completed prior to or simultaneously with the final plat. 4. 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. 5. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. 6. 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. 7. All Irrigation wells located within the exterior boundaries of the development must include Montana DNRC certificates which must 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 must be transferred to the property owner’s association in conjunction with the final plat. All wells must include a meter or other device to determine consumption. 8. The final plat must 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 are that of the property owners’ association. Maintenance responsibility includes, 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 34 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 10 of 30 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 must 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. 9. 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. 10. Prior to acceptance of publically owned infrastructure, the contractor must 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 must be named as dual oblige on the bond. 11. Subdivision lighting SILD information must 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. 12. All proposed private utilities to serve the subdivision must be shown on the public infrastructure plans and specifications. 13. The developer must 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. 14. 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. 15. 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) must 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 must, 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. 16. The required connections from the individual lots to the trail in the park must all be installed at the same time as the trail in the park and the park plan must be updated to reflect this timing. 17. A note must be added to the conditions of approval sheet advising future purchasers of Lot 1, Block 1 of the potential of additional parkland and water rights to be provided at time of development of the parcel. 35 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 11 of 30 18. An open work fence, acceptable to the Parks Department, suitable to demarcate the southern edge of the park and to restrict animal entrance to the adjacent wetland must be constructed simultaneously with other park improvements. 19. A sign, acceptable to the Parks Department, must be placed at each of the pedestrian entrances into the trail and park providing notice of on-leash requirement in park and trails per the original planned unit development covenants and City code. 20. The intersection of Village Downtown Boulevard and Front Street must be reconfigured to remove the cul-de-sac and construct a “T” intersection meeting City standards. The applicant may propose an alternate design that meets City adopted engineering standards so long as the intersection facilitates future extension of Front Street to the northwest and must include a City standard transition to the alley proposed to be constructed in the Front Street right of way to the southeast. 21. The applicant may request that the excess right of way resulting from the reconfiguration of the intersection be vacated. 22. 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 North Broadway Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to North Broadway Avenue and East Mendenhall Street and Village Downtown Blvd. e. Intersection improvements to Village Downtown Blvd and Front Street. f. Intersection improvements to East Main Street and North Broadway Avenue. g. Intersection improvements to East Main Street and Highland Blvd. h. Intersection improvements to East Main Street and Haggerty Lane. i. Intersection improvements to East Main Street and Front Street. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of 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 plat approval. 23. The sidewalk within the liner park shall be 10 feet wide with one foot of all-weather surface on either side and be designed to support the loading from the City’s sewer maintenance vehicles. 24. The proposed development falls within a known area of high groundwater. No basements or crawl spaces may be constructed within the subdivision. In addition, sump pumps are not allowed to be connected to the sanitary sewer 36 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 12 of 30 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 discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. This noted must be added to the plat. 25. Due to the high groundwater and increased rate of corrosion within 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 cathodic protection is not required. 26. The applicant must pay cash in lieu of infrastructure per 38.270.070 BMC for the incremental additional cost of rerouting the Front Street sewer from its current alignment across the property to the alignment proposed with this subdivision. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. BMC 38.270.030 a. All public dedicated improvements including streets, water mains, sewer mains, parkland, and related improvements, and public streets be installed or financially guaranteed prior to final plat approval. The certificates on the final plat must be updated to reflect those elements completed or to be guaranteed at the time of final plat. No building permit may be issued until the final plat is filed and required infrastructure including the 21 inch Front Street sewer trunk expansion (WWIF11) downstream from and across this subdivision has been completed and accepted by the City. 2. BMC 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. 3. Bozeman Municipal Code (BMC) 38.400.010. a) The arrangement of the lots and alley must be done in such a way to provide adequate turning radii to facilitate emergency vehicle access. The alley must be designed and constructed with an adequate horizontal and vertical cross-section to support the vehicle movement and loading from the City’s emergency service vehicles. A pavement design must be provided with the subdivision infrastructure submittal. b) Front Street and shared uses path identified with in the City of Bozeman Transportation Master Plan and PROST Plan must be installed to the 37 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 13 of 30 northwestern property boundary. The shared use path must extend along the Front Street right of way adjacent to Blocks 1 and 2 to connect with the sidewalk along the greenway corridor/linear park. Front Street must extend sufficiently as to provide full access to the alley. c) A drive approach and lockable service gate must be installed at the end of Front Street to allow for the access of the City maintenance vehicles and prevent private vehicle access to the linear park. 4. BMC 38.400.030. a) A City standard intersection must be installed at the intersection of Village Downtown Boulevard and Front Street. The intersection must meet the requirements of BMC 38.400.030. and the City Design Standard and Specification Policy manual. Any permitting require for the reconfiguration of the intersection must be obtained prior approval of the infrastructure plans. 5. BMC 38.410.060.A. a) The portion of the existing sanitary sewer easement encompassing the proposed abandon main must be released prior to or concurrently with the final plat. 6. BMC 38.410.070.A.1. a) The 21” sewer main being realigned with this project is part of the Front Street Sewer upgrade project. The project (No. WWIF11) is scheduled for this current fiscal year and is currently in design with construction anticipated for the spring of 2020. i) The Front Street sewer is at capacity and cannot accept additional flow until the upgrade is completed. No building permit may be granted until the Front Street sewer upgrade has been completed. ii) The applicant must coordinate the proposed alignment with the design engineer (Stahly Engineering and Associates) and provide documentation of the viability of the proposed sewer with the design of the Front Street Interceptor. iii) A City standard sewer easement must be provided for the reroute of the sewer main prior to final plat approval. b) The sewer must be aligned with the reconfiguration of the intersection of Village Downtown Boulevard and Front Street to ensure City design standards are met. c) A maintenance plan, including snow removal, for the 12 ft. all weather access to the manhole 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. BMC 38.410.080.A. a) The stormwater infrastructure must meet or exceed the City’s stormwater requirements when the seasonal high groundwater elevation is reached. 38 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 14 of 30 Sufficient information must be provided with the subdivision’s infrastructure submittal such that this can be verified. b) The applicant may not discharge drainage to an agricultural water user facility without the express approval from the agricultural water user. c) A stormwater maintenance plan must be submitted and approved by the City with the subdivision’s infrastructure submittal. The approval plan must 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. BMC 38.410.130. a) Water rights or cash in lieu of water rights must be provided prior to final plat approval. 9. BMC Section 38.540.020.M. a) Adequate snow storage must designated for all public and/or common space. If snow storage is proposed at the end of the alley and/or Front Street, snow storage easements must be executed and recorded with the county clerk and recorder prior to final plat approval. 10. BMC Section 38.600.130.C. 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. 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. 39 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 15 of 30 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 June 14, 2019. The Recreation and Parks Advisory Board subdivision review committee considered the proposed park on July 5, 2019. They recommended approval for the design as proposed on a vote of 3:0. The Planning Board held a public hearing on August 6, 2019 to review the preliminary plat. They recommended approval on a vote of 7-0. The public hearing date for the City Commission is August 19, 2019. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. The final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Unified Development Code (UDC). The 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. 40 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 16 of 30 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 April 5, 2019, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on May 22, 2019. On June 14, 2019, the DRC determined the application contained adequate information for continued review. 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 September 5, 2019, unless there is a written extension from the developer, not to exceed one year; or if new and credible information is submitted that requires additional review time per state law. The City Commission will review the preliminary plat and may make a decision at their August 19, 2019 public hearing. The application was brought before the Development Review Committee (DRC) and Recreation and Parks Advisory Committee for review and recommendation. The hearings before the Planning Board and City Commission were 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 forwarded a favorable recommendation to the City Commission who will make the final decision on the applicant’s request. Public notice for this application was given as described in Appendix C. On July 31, 2019, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the City Planning Board. An updated staff report was prepared to reflect public comment, Planning Board action, and other appropriate revisions on August 12, 2019 and provided to the City Commission. 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 conditions and code requirements are satisfied. Pertinent code provisions and site specific requirements are in Sections 2 & 3 of this report. Specific references to conditions and code requirements are provided throughout this report. The property is zoned as R-4, Residential High Density district. The R-4 district allows a wide variety of housing types. Section 38.310.030 of the municipal code contains the complete list of authorized uses. The R-4 district requires construction of homes to be 8 41 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 17 of 30 homes per net acre or more. Block 2 is configured for single homes, although accessory dwellings, two-household, or three household buildings may also be constructed. Such additional intensity will be reviewed under the appropriate zoning processes. The subdivision has 2.87 acres of net lot area. Section 38.700.130, BMC defines net residential density. Applying the minimum standard, the subdivision as a whole must have a minimum of 23 homes. Should all of Block 2 be constructed only as individual homes then Block 1 must have a minimum of 14 homes. More than this minimum number of homes is allowed on Block 1. Should portions of Block 2 develop more intensively than individual homes it reduces the minimum number of homes that must be constructed on Block 1; but does not lessen the total number allowed on Block 1. 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 or utility easements. Condition 3 requires performance of these obligations. The subdivision application proposes to change the route of an existing 12 inch diameter sewer main which crosses the area to be subdivided. A new easement is depicted on the plat for the new route. The new easement must be provided before the pipe can be relocated to the new location. The older easement can be released and reconveyed at request of the landowner as described in Code Requirement 5. As the proposed alignment meets City standards no condition of approval is required. The City relies upon the proposed alignment and proposed easement in finding that the application meets standards. The realignment is occurring in association with a City project to increase the sewer pipe to 21 inches in diameter. The current 12 inch diameter is currently at capacity and cannot accept additional sewer flows. The replacement sewer is presently in design and construction is expected to begin in spring of 2020. It is necessary to coordinate any work by the subdivider with the planned work under project WWIF11. As the realignment and additional length of new pipe construction is caused by the desired lot layout by the subdivider, per 76-3-510 MCA and 38.270.070 the subdivider shall bear the incremental additional costs resulting from the realignment as stated in Condition 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 existing public streets or to a combination of a proposed public alley and pedestrian access in a greenway. Either is an acceptable option 42 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 18 of 30 and are 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. There will be some changes to the right of way configuration for Front Street and Village Downtown Boulevard. Such changes are acceptable or are subject to specific conditions of approval 20 and 21 and Code requirement 4. The required reconfiguration of the intersection enables the intersection to meet the City’s design standards, remove excess right of way and associated maintenance costs, make extension of Front Street to the northwest easier with future development, and improve the emergency circulation utilizing the proposed public alleyway. Code Requirement 4 describes the standards the design must meet. The intersection design shown on the preliminary plat drawing does not meet engineering design standards of the City. Cul-de-sacs are generally prohibited by 38.400.010.A.9. A cul-de-sac was allowed with the original Village Downtown project. With this subdivision, the alley provides for emergency circulation and turn around circulation without the cul-de-sac. It is therefore appropriate for the cul-de-sac to be removed in order to comply with the section. An image conceptually showing how these conditions might change the infrastructure associated with the plat is provided below. An engineering design and review must be completed prior to any construction. Alternate designs which comply with the City’s engineering standards may also be proposed and approved. Revisions to exact alignment of right of way, curbing, and other design elements are to be expected before a final design is approved. No change to the number or configuration of new residential lots is caused by conditions of approval 20 and 21. Pedestrian access to and within the subdivision is also required. This will be provided in part by the sidewalk along Village Downtown Boulevard, in part by the trail to be provided in the linear park and in the easement on the west, and in part by the construction of the path in the Front Street right of way. The trail and shared use path are described in Code Requirement 3. As shown in Section 1 of this report, the development fits into the developing pedestrian and bicycle network in the area. Future development to the southeast will be able to connect to the public trails developed with this subdivision further expanding the public circulation network. 43 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 19 of 30 An additional image is provided below showing how the vehicle and pedestrian access to the lots in the subdivision will be provided. Each type of travel is shown in a different color. The pedestrian access connect to the larger network as shown in the last map in Section 1. 44 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 20 of 30 Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. The property was subdivided for residential development as part of Minor Subdivision 344. There have been no agricultural operations on the site since at least the recording of Minor 45 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 21 of 30 Subdivision 344 in June 2004. Therefore, further subdivision of the property will have no effect on agriculture. 2) The effect on Agricultural water user facilities The Mill Ditch is adjacent to Village Downtown project as a whole. There are no known agricultural water user facilities on the land to be subdivided into lots. Stormwater will be captured, treated, and released at predevelopment rates. Therefore, there is no effect on such facilities from the subdivision. 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 internal to the property and with expansion/realignment of the existing sewer trunk. Sewer Collection of wastewater from the proposed development will consist of lot sewer services, gravity sewer main piping and manholes. Services and local main will primarily be located within the proposed alley. There is a 12 inch diameter existing sewer main that must be relocated to remove development limitations on Lot 1, Block 1 and Lots 3-5, Block 2. If not removed at least one lot will be undevelopable and the rest heavily impacted. Engineering has reviewed the proposed alignment and finds it generally acceptable. The realignment is occurring as the City is pursuing a project to increase the sewer pipe to 21 inches in diameter. The current 12 inch diameter is at capacity and cannot accept additional sewer flows. Project WWIF11 will increase sewer capacity for a large area north and south of this site as well as for this subdivision. Section 38.350.030.D requires that any new building lots be provided with municipal water and with sanitary sewer collection services. As the sewer line is presently at capacity no final plat can be filed until additional capacity for sewer service can be provided. While a financial guarantee of an improvement is available in some circumstances the City has discretion to determine when such guarantees are acceptable. Plats filed with such a financial guarantee carry restrictions filed with the plat prohibiting issuance of building permits. Even if a financial guarantee were to be acceptable in this circumstance it would not enable issuance of building permits prior to completion and acceptance of the sewer main expansion. Section 38.270.030.B requires that all improvements (including sewer mains) must be installed prior to the issuance of a building permit for any lot within a subdivision. There can be an exception for this requirement, however, the applicant has not submitted the type of application required to authorize such an exception; nor has concurrent construction of infrastructure and buildings been proposed or reviewed. To do so would require an entirely new application submittal. 46 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 22 of 30 Sections 38.270.030A.2 and 38.270.060.D allow the City to require certain improvements to be installed rather than financially guaranteed. Due to the public health and safety impacts of inadequate sanitary sewer the City Engineer has determined that the completion of the expanded sewer trunk must be constructed before any building permit is issued. Should a financial guarantee be proposed it must address the entirety of the work necessary to provide the needed service. As applied to this subdivision, that includes all costs of the expansion of the sewer from 12 to 21 inches from the southern edge of this development to the northern end of the WWIF11 project. The replacement sewer is presently in design and construction is expected to begin this summer. It is necessary to coordinate any work by the subdivider with the planned work under project WWIF11. As the realignment and resulting cost increase is caused by the desired lot layout by the subdivider, per 76-3-510 MCA and 38.270.070 the subdivider shall bear additional costs resulting from the realignment as stated in Condition 26. Coordination between construction of the expanded and relocated sewer trunk and the local services required for this development is required. Conflict between work timing and contractors can result in damage or demolition of recently installed public infrastructure. Condition 26 facilitates this coordination with a resulting lower cost of infrastructure to both the City and the subdivider. The state law authorizing local subdivision regulations specifically calls out such coordination is discussed above. That language reads: 76-3-501. Local subdivision regulations. The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for: … (9) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services. Local ordinance has implemented that authorization with the following language: Paragraph 38.200.010.H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general 47 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 23 of 30 welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. A sewer access road will be provided to the new manhole location in the park. The proposed plat shows the road in the correct location and general configuration to meet standards. Condition 23 and Code requirement 6 address the necessary configuration details of the sewer access road needed to access the manholes in the new sewer location. The City must have access to conduct maintenance on the sewer. Water Supply Municipal water is available to the property by extensions from 8 inch diameter water main in the Village Downtown Boulevard. A new 8 inch diameter water main extension will create a loop through the alleyway and Front Street right of way. Water supply is adequate to anticipated demand at this location. At the time of final plat the requirement for water rights must be satisfied by transfer of adequate water rights to the City or payment of money. See code requirement 8 in Section 3 of this report. The soils in the area have a high clay content and a high water table is present. These conditions require additional protection for water mains. Condition 26 requires mitigation for potential pipe damage to ensure that service can be maintained. Irrigation Water for irrigation of open spaces/park is required and proposed to be provided by a well as depicted on Sheet L-1 of the submittal. The applicant must provide transfer of ownership to the Property Owners’ Association (POA) or City as may be applicable so that body charged with maintenance legally has the water resources necessary to maintain the open space. Irrigation facilities to support the proposed open space must be transferred to the City. Condition 7 requires DNRC certificates be included with the final plat submittal to ensure that the necessary legal status of the well is established and can be properly transferred. 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 the Village Downtown Boulevard through the new alley. The new alley creates a loop for emergency circulation and access to Block 2. Therefore, the cul-de-sac is no longer required for emergency service turn around. To improve the connection to Front Street and support its eventual connection to the northwest Conditions 20 and 21 and Code Requirement 4 require reconfiguration of the intersection. 48 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 24 of 30 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. Previously, the intersection of Highland Boulevard and Main Street operated at a less than allowable level of service for vehicle travel. That intersection was reconfigured and expanded in the summer of 2019 and now operates within the required standard. The requested level of service waiver for that intersection submitted with the application materials is therefore no longer required. The development of the additional homes will place incrementally greater demand on the street network. Per Condition 22, an special improvement district waiver is deemed appropriate to offset the increased demand. Should it become necessary to create an SID or alternate financing method be used to improve one or more of the listed street elements an analysis for proportional contribution to costs will occur. Should an SID not be created no cost will occur. 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. The proposed alley will provide adequate circulation for fire engines and other emergency vehicles. 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. Condition 14 also requires this requirement to be noted on the conditions of approval sheet of the plat so that the ongoing obligation is disclosed to all future purchasers. The applicant is proposing contracting one pond on an individual lot 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 – The property is proposing dedication of land to meet its required park mitigation. At this time the final density of development on Lot 1, Block 1 is not known. Condition 17 requires placement of a note to advise future purchasers of the potential for additional park mitigation at the time of development of Lot 1, Block 1. The proposed park is to be dedicated as a linear park separating lots 2-10 and the adjacent wetland areas. Condition 18 requires a fence be placed to visually and physically separate the developed park from the adjacent property. This will lessen impacts on the adjacent 49 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 25 of 30 property which has recently been acquired for a wetland preserve. Control of access by persons and domestic animals will help maintain the functional habitat value of the adjacent property. The proposed park plan and amount of land to be dedicated meets standards with revisions and code corrections. A final park plan responding to required changes must be provided with or prior to the final plat. 4) The effect on the Natural environment The subdivision proposes to displace some existing wetlands and provide mitigation by purchase of wetland credits through a wetland bank in the Madison Valley. An individual Clean Water Act 404 permit was requested and approval for the changes was granted by the US Army Corps of Engineers. The required wetland delineation, review, and approval documentation is included with the application materials. A 401 permit for water quality has also been obtained from the Montana Department of Environmental Quality and is included with the application materials. The area to be subdivided into home lots is primarily in the upland area of the site. Much of the area has been disturbed over the years. For discussion of the various activities on the site see the Historical Overview included with the application materials. There will be some floodplain impact by this subdivision. However, the location of impact will occur within the existing Front Street right of way. Impacts on floodplains and wetlands are allowed by municipal code for construction of public streets. In conclusion, this development will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain. Code requirement 10 notes certain constraints on the issuance of floodplain permits. 5) The effect on Wildlife and wildlife habitat Development of the proposed platted lots as urban intensity residences will remove almost all existing wildlife and habitat from the platted area. The proposed linear park will provide somewhat of a buffer to the adjacent property. Conditions of approval have been proposed to help constrain impacts on wildlife. There are no known endangered or threatened species on the property. See discussion above. 6) The effect on Public health and safety The intent and purpose 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. 50 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 26 of 30 The project area is subject to a high water table. High groundwater can be overcome for utility installation with proper techniques. However, the ongoing impacts on individual homes can be substantial if groundwater enters crawl spaces or basements. Use of sump pumps in private homes often contributes to excessive flows into sewer or storm drainage systems which reduces their designed effectiveness. Once constructed, it is very difficult to retrofit homes to remove crawl spaces or basements. Therefore, Condition 24 prohibits crawl spaces and full basements. This will remove the need for sump pumps, illicit discharges of water into the storm drainage systems, and reduce impact on nearby wetlands. Primary subdivision review criteria 3 addresses the replacement and expansion of the sewer main that serves this property. Inadequate sanitary sewer is a direct risk to public health and safety. As discussed above, there are proposed conditions to ensure that adequate sewer capacity is provided prior to construction of new home. These conditions therefore address possible hazards to public health and safety from inadequate sewer capacity. Preliminary Plat Supplements The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Two subdivision pre-application plan reviews was completed by the DRC evaluating alternative configurations for the site. Several subdivision submittal waivers were requested from the materials required in Section 38.220.060, “Additional Subdivision Preliminary Plat Supplements” which request was granted in part and denied in part. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. See the application materials for full details. 38.220.060.A.1 Surface Water Surface waters are near but not within the area to be platted into residential lots. Therefore, minimal impacts to surface waters are identified. 38.220.060.A.2 Floodplains A floodplain has been identified lying to the eastern side of the subdivision. The floodplains lie within the Front Street right of way. Most of the right of way will be developed as an alley which has a narrower width than a standard street and therefore will have less impact on the floodplain. 38.220.060.A.3 Groundwater The groundwater in this area is high. There are large nearby wetlands and the elevation of the area to be subdivided has little differentiation. 51 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 27 of 30 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. Soil present is Blackmore silt loam. There are limitations on use of this soil type as outlined in the attached report. All can be overcome with proper engineering and architectural design. 38.220.060.A.5 Vegetation The site has lain fallow for over a decade. Most vegetation on the site is grasses with some clusters of trees near the property boundaries. Some wetlands are present on the site and will be removed during construction as described in the primary review criteria. Some noxious weeds are present and a weed management plan has been submitted. 38.220.060.A.6 Wildlife See discussion in the primary review criteria above. 38.220.060.A.7 Historical Features Although its initial ownership and development was associated with early figures in Bozeman’s history no notable features remain on the site. 38.220.060.A.8 Agriculture Waived, see discussion under primary review criteria above. 38.220.060.A.9 Agricultural Water User Facilities See discussion above under primary review criteria. 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. 38.220.060.A.11 Stormwater Management An on-site collection and treatment system is proposed with Mill Ditch being the receiving street. Permits from the state for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys See discussion above under primary review criteria. 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 allowed. 52 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 28 of 30 38.220.060.A.14 Educational Facilities Exclusively residential use is proposed at this time. Required materials are provided. Adequate capacity is available per school district #7. 38.220.060.A.15 Land Use The property is zoned R-4 (High Density Residential District) and the use proposed is exclusively residential. Please refer to Appendix A for more information. 38.220.060.A.16 Parks and Recreation Facilities See discussion above in the primary review criteria. 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 this subdivision. There are fewer than ten single household residential lots. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4 (High Density Residential District). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. 53 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 29 of 30 Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services The uses allowed in the R-4 district are described in Section 38.310.030, BMC. The setbacks and other form and intensity standards for the R-4 district are established in Section 38.320.030, BMC. Adopted Growth Policy Designation: he 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 – 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. Two public comment were received at the Planning Board hearing. Neither spoke in opposition but asked some questions and requested that traffic, density, and pedestrian 54 19135, City Commission Staff Report – Parklands at Village Downtown Subdivision Page 30 of 30 safety be considered. These items are addressed in this report and City standards. Any additional public comment received will be forwarded to the City Commission. APPENDIX C - OWNER INFORMATION Owner/Applicant: Village Investment Group and John W. Murdoch Revocable Trust, 1010 E Main Street, Ste. D, Bozeman, MT 59715 Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718 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. Essential application material is available through the linked agenda. 55 ΔΔ Δ Δ 56 ΔΔ Δ Δ57 58 59 60 61 62 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Affordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application file number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS The Parklands at Village Downtown Subdivision Preliminary Plat 12-Lot Residential Subdivision Southeast of Village Downtown Boulevard; Northeast of Village Crossing Way 59715 R-4 202,805 SF or 4.6558 AC Landscaped Block Frontage N/A 9 Single-Family, 1 Multi-Family, 1 Common OS, 1 Park N/A N/A N/A N N 63 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS Village Investment Group (50%) and John W. Murdoch Revocable Trust (50%) 101 E. Main Street, Suite D; Bozeman, MT 59715 (406) 586-3132 delaney@delaneynco.com Same as Owner C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive; Bozeman, MT 59718 (406) 587-1115 mhausauer@chengineers.com 64 65 RC Revision and Correction RC Page 1 of 2 Revision Date 3‐20‐18 Required Forms: PLS REVISION AND CORRECTION SUBMITTAL FORM ADDITIONAL OR REVISED PLANS OR DOCUMENTS FOR AN ACTIVE PROJECT WILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY THIS COMPLETED FORM. MAILED RE‐SUBMITTALS THAT DO NOT INCLUDE THIS FORM OR THAT DO NOT CONTAIN THE CORRECT NUMBER OF COPIES WILL NOT BE PROCESSED. FEES ARE REQUIRED FOR THIRD AND SUBSEQUENT REVISIONS. SUBMITTAL REQUIREMENTS All revisions / correction submittals must contain the following: A completed RC revision/correction submittal form. The same number of copies and sizes and formats (including digital) as required for the initial application. Plans and documents, including digital files must meet plans, specifications and naming protocols. See form PLS. Revised drawings must be updated with a new current date on each revised sheet.Title sheet table of contents/plan schedule must be updated with new dates for each sheet modified. If complete plans sets are updated, retain the original date on sheets that have not been updated or revised. A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail or document. Changes to plans sheets must include sheet and detail numbers. All changes must be clouded or highlighted on each plan set. Legal documents, studies, letters or other documentation must have a clear date of revision on the front page. Fees are required for a third and subsequent submittal of revised/corrected materials. The fee is ¼ of the total original application fee. Re‐submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. RC form must be the first item in all resubmitted sets. INFORMATION Application file #: ______________________________ Application type: ______________________________ Project Name: Contact Name: Phone: Email: 66 Revision and Correction RC Page 2 of 2 Revision Date 3‐20‐18 Required Forms: PLS SUBMITTAL TYPE NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and has not been reviewed before. CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the applicant. If both types are being submitted, the written narrative required above listing itemized changes must clearly differentiate between changes and corrections and each must be clearly labeled. Changes to preliminarily approved plans or approved plans are processed under the modification application process, use form MOD for those changes. Re‐submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. CITY USE ONLY CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406‐582‐2260 fax 406‐582‐2263 planning@bozeman.net www.bozeman.net Date received: Checked and received by: Number of sets submitted: Includes digital copy Y/N:: Superion updated? Y/N: Planner/Engineer: DRC Required? Y/N: Date routed to Engineer: If no DRC, date comments due to planner. 10 working days from submittal date typical: 67 PP Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-8-19 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISION PRELIMINARY PLAT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1. Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. STATISTICS 1. Subdivision Type: First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with variance Second or Subsequent Minor Subdivision from a Tract of Record First Major Subdivision 2. Total Number or Lots: 3. Lots by Proposed Uses: Residential, single household City Park Residential, multi household Manufactured Home Space Planned Unit Development Recreational Vehicle Space Condominium Unit Commercial Townhouse Industrial Common Open Space Restricted Development Other: ✔ ✔ ✔ ✔ ✔ 12 1 19 1 68 Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-8-19 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: APPLICATION FEE Base fee $1,935 Minor or $ 3,079 Major Plus $74 per lot Plus $6.50 noticing fee per each physically contiguous (touching) property owner CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net $3,079+($84*12)+($6.50*83)=$4,638.50** **Per new fee schedule to be adopted April 1, 2019. ✔ 69 PP1 Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISON PRELIMINARY PLAT CHECKLIST GENERAL INFORMATION The preliminary plat submittal must include the following information. Please refer to Section 38.41.040, BMC for the specific requirements for each item. 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Pre-application Plan), BMC. See checklist PA1. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single household. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right -of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways. 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the pre-application process. 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC. 11. All appropriate certificates (refer to Chapter 38.06, BMC). 12. All preliminary plat supplements required for all subdivisions: Preliminary Plat Supplements Required for All Subdivisions A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet C. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC. See checklist SVAR D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association E. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary 70 Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: G. A draft of such other appropriate certificates H. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private I. Profile sheets for street grades greater than 5 percent J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds L. A preliminary platting certificate prepared by a Montana title company 13. All preliminary plat supplements not waived at pre-application review by the Development Review Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item. Additional Subdivision Preliminary Plat Supplements Waived A. Surface water B. Floodplains C. Groundwater D. Geology, soils and slope E. Vegetation F. Wildlife G. Historical features H. Agriculture I. Agriculture water user facilities J. Water and sewer K. Stormwater management L. Streets, roads and alleys M. Utilities N. Educational facilities O. Land use P Parks and recreation facilities Q. Neighborhood center plan R. Lighting plan S. Affordable Housing T. Miscellaneous CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 71 INTRODUCTION The proposed Parklands at Village Downtown Subdivision is a 10-lot major subdivision located on a 4.66-acre parcel legally described as a Lot 4A, Minor Subdivision 344C, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northwest Quarter of Section 8, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana. The property is zoned R4. A 0.63-acre park is provided with this subdivision to satisfy the parkland requirements. The park is located to the southeast of the proposed lots. See below for parkland calculations for this subdivision. Park Area Computation Table Land Type Total Area (acres) Provided Park 0.63 Required Park 20 units * 0.03 acres/unit = 0.60 acres 72 73 74 75 76 77 78 Montana Title & Escrow, Inc. 1925 N. 22nd Avenue, Suite 102 ♦ Bozeman, MT 59718 PLATTING CERTIFICATE Order Number: M-21430 This Platting Certificate covers a tract of land to be known as: LOT 4 MINOR SUBDIVISION 344B, BOZEMAN, MONTANA. Record Owner: THE VILLAGE INVESTMENT GROUP, INC. and MICHAEL W. DELANEY and ILEANA INDRELAND Legal Description: SEE ATTACHED LEGAL DESCRIPTION Effective Date: July 19, 2017 at 7:30AM Montana Title & Escrow, Inc., hereby certifies that the foregoing Platting Certificate shows the name of the record owner of the subject property and all of the existing liens affecting the subject property according to the office of the Clerk and Recorder of Gallatin County, State of Montana. No other report is hereby made or implied. The maximum liability for this examination is limited to the fee paid for the same. 79 Order Number: M-21430 LEGAL DESCRIPTION LOT 4, MINOR SUBDIVISION 344B, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, AND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF P.M.M., GALLATIN COUNTY, MONTANA. 80 Order Number: M-21430 PLATTING CERTIFICATE EXCEPTIONS: 1. GENERAL TAXES FOR THE YEAR 2017, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE. TAX NOTE: TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE YEAR 2016. PARCEL NO. RGH50066. 1ST INSTALLMENT:$ 27.51 PAID 2ND INSTALLMENT:$ 27.51 PAID TAX NOTE: CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2016- 2017. ACCOUNT NO. 148210.: 1ST INSTALLMENT:$ 180.69 PAID 2ND INSTALLMENT:$ 180.69 PAID 2. NO LIABILITY IS ASSUMED FOR ANY SPECIAL ASSESSMENTS, SNOW REMOVAL, SEWER ASSESSMENT OR GARBAGE ASSESSMENT NOT SET FORTH IN THE ASSESSMENT BOOKS OF THE CITY OF BOZEMAN. 3. ALL RIGHTS, TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL, OR OTHER HYDROCARBONS AND THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES (THIS COMMITMENT OR POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING TO THE ABOVE REFERENCED RIGHTS.) 4. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, AND OTHER SERVITUDES THAT ARE NOT SUBJECT TO THE MONTANA SUBDIVISION AND PLATTING ACT ARE NOT SHOWN HEREIN. 5. COMPLIANCE WITH THE MONTANA SUBDIVIISION AND PLATTING ACT, AS AMENDED, AS WELL AS ANY APPLICABLE COUNTY/CITY SUBDIVISION AND ZONING LAWS. 6. NO SEARCH HAS BEEN MADE FOR WATER RIGHTS AND UNPATENTED MINING CLAIMS AND LIABILITY THEREON IS EXCLUDED FROM COVERAGE OF THIS CERTIFICATE. ********************* END OF SCHEDULE B ********************* 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 2387415/Page:1 of3 04/28/201101:45;05PM Fee:$21.00JULAe1.asgatrMear 9000 CharlotteMills-GallatinCounty,MT MISC SECOND AMENDMENT TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VILLAGE BOULEVARD MINOR SUBDIVISION AND VILLAGE DOWNTOWN SUBDIVISION THIS SECOND AMENDMENT ismade this 2..T"day of Anne 2011,by Michael W.Delaney,as President of the Village Downtown Homeowners Association,duly authorized by vote. WITNESSETH: WHEREAS,on June 17,2004,the Declaration of Protective Covenants and Restrictionsforthe VillageBoulevard Minor Subdivisionand VillageDowntown Subdivision were recorded inthe officeofthe GallatinCounty Clerk and Recorder as Document No. 2153802;and WHEREAS,on November 24,2004,the Amended and Restated Declarationof ProtectiveCovenants and Restrictionsfor the VillageBoulevard Minor Subdivision and VillageDowntown Subdivisionwere recorded inthe officeof the GallatinCounty Clerkand Recorder as Document No.2171082;and WHEREAS,on April25,2006,the FirstAmendment to Amended and Restated Declaration of Protective Covenants and Restrictionsfor the Village Boulevard Minor Subdivision and VillageDowntown Subdivision was recorded inthe officeofthe Gallatin County Clerk and Recorder as Document No.2185463;and WHEREAS,pursuant to the provisionsofArticleVII,Section 1 oftheAmended and Restated Declarationof ProtectiveCovenants and Restrictionsforthe VillageBoulevard Minor Subdivisionand VillageDowntown Subdivision,theAssociationconducted a meeting tocount the ballotsofan electionto consider an amendment toArticleIll,Section 2 ofthe Amended and Restated Declaration of ProtectiveCovenants and Restrictionsfor the VillageBoulevard Minor Subdivision and VillageDowntown Subdivision.The amendment 1 152 would provide the followinglanguage as the thirdparagraph of ArticleIII,Section 2 as follows: Owner approval or "for"vote is assumed ifowner failsto respond to any written proposal for an amendment to these Amended and Restated Declaration of Protective Covenants and Restrictions for the Village Boulevard Minor Subdivision and VillageDowntown Subdivisionwithinsixty (60)days of said noticeof proposed amendment. WHEREAS,on November 22,2010,the Association conducted the meeting to count the ballotson the amendment to ArticleIII,Section 2 to add the above language. Two-thirds (2/3)of the unitowners voted in favor of adding the above language in the Amended and Restated Declaration of Protective Covenants and Restrictionsfor the VillageBoulevard Minor Subdivision and VillageDowntown Subdivision. NOW THEREFORE,the Declarationof ProtectiveCovenants and Restrictionsfor the VillageBoulevard Minor Subdivision and VillageDowntown Subdivision,recorded on June 17,2004 as Document No.2153802,the Amended and Restated Declaration of ProtectiveCovenants and Restrictionsforthe Village Boulevard Minor Subdivision and Village Downtown Subdivision,recorded on November 24,2004 as Document No. 2171082,and the FirstAmendment to Amended and Restated Declarationof Protective Covenants and Restrictionsfor the Village Boulevard Minor Subdivision and Village Downtown Subdivision,recorded April25,2006 as Document No.2185463 inthe office ofthe County Clerk and Recorder of GallatinCounty,Montana,are hereby supplemented and amended inthe followingrespect: Section 2.Every owner or contract purchaser of a lot,"VillageHome" townhome,or.condominium unit,shall be a member of The Village Downtown Owners'Association.Membership shallbe appurtenant to and may not be separate from the ownership of any lot,townhome,or condominium unit.Each owner shall be responsible for advising the Association oftheiracquisitionofownership,oftheirmailingaddress,and of any changes of ownership or mailingaddress. Members shall be entitledto one vote for each lot,townhome,or condominium unitowned.Multipleowners of a single lot,townhome,or condominium unit,shall have one such membership or voting interest between them.Ifmore than one lot,townhome,or condominium unitis owned,the owner or owners thereofshallhave one membership or voting interestforeach separate lot,townhome,or condominium unit. Owner approval or "for"vote is assumed ifowner failsto respond to any written proposal for an amendment to these Amended and Restated Declaration of Protectivecovenants and Restrictionsforthe Village 2 153 Boulevard Minor Subdivision and VillageDowntown Subdivisionwithinsixty (60)days of said noticeof proposed amendment. Except as herein amended,the the Declaration of Protective Covenants and RestrictionsfortheVillageBoulevard Minor Subdivisionand VillageDowntown Subdivision, the Amended and Restated Declarationof ProtectiveCovenants and Restrictionsforthe Village Boulevard Minor Subdivision and Village Downtown Subdivision,and the First Amendment to Amended and Restated Declaration of Protective Covenants and Restrictionsforthe VillageBoulevard Minor Subdivisionand VillageDowntown Subdivision, shallremain infullforce and effectand are incorporated herein by thisreference. VILLAGE DOWNTOWN HOMEOWNERS ASSOCIATION By: Michael W.Delaney,President STATE OF MONTANA ) )ss. County of Gallatin ) On this day of .vt ,2011,before me,a Notary Public inand for the State of Montana,personally appeared Michael W.Delaney,President of the VillageDowntown Homeowners Association,known to me to be the person who executed the within instrument on behalf of the Association,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,Ihave hereunto set my hand and seal the day and year firstabove written. ,,T.Bricker Notary Publicforthe State of Montana /NotaryPuble Printed Nameafor thens ateofMontana Residing at o y=*(T .SEAL Bozeman,Montana MyCommissionexpires:9-7-oI My CommissionExpires:,nnese June25,2012 3 154 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT PRELIMINARY PLAT FORM PP, ITEM #13 ADDITIONAL SUBDIVISION PLAT SUPPLEMENTS A. SURFACE WATER Refer to Appendix A of this report for copies of the USGS quad map and Flood Insurance Rate Map showing the location of the Mill Ditch Diversion and its associated floodplain. Mill Ditch Diversion is a Gallatin Conservation District jurisdictional stream. None of the construction activities associated with this project will required alteration of the stream bed and therefore a 310 and 404 permit will not be required for Mill Ditch. A large wetland area is located in the north and the east the property. The wetlands which fall in the Parklands Subdivision boundary encompass 10.91 acres. 2.85 acres of wetland disturbances are proposed with this subdivision. A 404 Army Corps permit is being filed for the project (see wetlands section for further detail). A Flood Hazard Evaluation has previously been prepared for the Mill Ditch Diversion with the results outlined on the FEMA Flood Insurance Rate Maps enclosed in Appendix A. Base flood elevations have been established for the property and the current regulatory 100-year flood plain and floodway are shown on the preliminary plat. B. FLOODPLAINS A Flood Hazard Evaluation has previously been prepared for the Mill Ditch Diversion with the results outlined on the FEMA Flood Insurance Rate Maps enclosed in Appendix A. Base flood elevations have been established for the property and the 100-year flood plain and floodway is shown on the preliminary plat. Front Street construction will encroach on the 100-year floodplain. All necessary floodplain permits and LOMR-F documentation will be filed with FEMA and the local floodplain administrator prior to commencing with the Front Street roadwork. C. GROUNDWATER Groundwater depths vary greatly across the site due to the large elevation changes of the existing topography. Well logs from several wells in the area are included in Appendix A (note: Appendix A includes supporting data submitted with the original PUD for the Village Downtown which encompasses the Parklands Subdivision area). The proposed lots are located on elevated land so groundwater is not anticipated to be encountered during building construction. Shallow groundwater depths (1-3 feet) are anticipated across the lowland areas on site. Surface runoff will be controlled by channeling flows into a detention pond which will limit discharges to pre-development rates. The detention pond will also filter sediments and oil reducing the potential for contamination of downstream aquifers. D. GEOLOGY-SOILS-SLOPES The Gallatin Valley is located in a high intermontane basin in southwestern Montana. Several maps of area geology prepared by The U.S. Department of the Interior, U.S. Geological surveys 155 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT are included in Appendix B (note: Appendix B includes geological data submitted with the original PUD for the Village Downtown which encompasses the Parklands Subdivision area). The maps indicate that the site is located on both quaternary and tertiary aged strata composed predominately of alluvium and fluviatile deposits. According to the soils data supplied by the NRCS the site is composed mainly of Blackmore silt loam, Enbar-nythar loams, and Threeriv-bonebasin loams. These soil types are considered fair to limited for most types of construction. In addition to native soils there are several large railroad berms found on the perimeter which are likely constructed of imported fill material. Slopes very across the site from 0 to 8% with slopes in the lower wetland area in the 2% range. The limiting features for the native soil types include the potential for shrink-swell, depth to saturated zone and potential for flooding. As with all other construction projects within the valley, accepted engineering practices will be used to overcome the limitations. The following protective measures will be taken to ensure that the existing geology is not a problem: All cut and fill slopes shall be placed in uniform lifts compacted to 95% of the maximum dry density as determined by ASTM D698. All topsoil, including organic material, will be removed from building and pavement areas. Design of all streets and parking areas shall use accepted engineering practices to determine structural sections and the use of separation fabrics/structural geogrids based on soil conditions and traffic loading. Exterior building footings shall be placed at a minimum of 48 inches below grade, for frost protection. Buildings will be designed for seismic zone 3 as outlined in the Uniform Building Code. As with all other areas of the Gallatin Valley, there is the possibility of earthquakes occurring in the area. The Valley is within Seismic Zone 3 (Seismic zone 0 having the least earthquake potential, Zone 4 the greatest). Other than this standard earthquake hazard there are no geologic hazards to be associated with this property. The Gallatin County Soil Survey map and all required soils reports prepared by the NRCS are enclosed in Appendix B of this report. E. VEGETATION The Parklands Subdivision site has been relatively undisturbed and it contains native grasses, wetlands, and weeds. Several varieties of trees and shrubs are found adjacent to the Mill Ditch Diversion and throughout the wetlands area. Properties on the north, south and west side of the development are currently developed. No critical plant communities are found within or adjacent to the proposed site. Consequently, the proposed development will not affect critical plant communities. A noxious weed plan has been prepared and approved by the Gallatin County Weed Board. The plan is intended to control the spread of weeds associated with development. Noxious weeds 156 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT (common tansy, knapweed, scattered thistle, hounds tongue, Canadian thistle) have been found on site. A seed plan for disturbed areas has been developed and included in the noxious weed plan. A copy of the approved Weed Management and Revegetation Plan is included in Appendix G. F. WILDLIFE There are no known endangered species or critical game ranges on site. The wetland areas are considered environmentally sensitive area which provide a habitat for wildlife and critical plant communities. Due to the historical use of the site, and the adjacent residential and commercial development, there is minimal wildlife currently utilizing the property to be developed. Wildlife species consist mainly of rodents and common birds. This development has been reconfigured to have minimal wetland disturbance to protect the native vegetation and wildlife. Negative impacts from surface water runoff to wildlife in the adjacent wetlands and Mill Ditch will be reduced by limiting storm water runoff in a detention pond to the predevelopment release rate. A storm water discharge permit and storm water pollution prevention will be prepared and reviewed by the Montana Department of Environmental Quality and the City of Bozeman Stormwater Department. Best management practices will be used to control erosion, sedimentation, and containment of harmful materials during construction. G. HISTORICAL FEATURES According to the Montana Historical Society, Historic Preservation Office there have been several previously recorded historic sites located within T2S, R5E, Sections 7 and 8. None of these sites are located on the subject property. The response letter received with the original Village Downtown PUD back in 2003 recommended that a cultural resource inventory occur to determine if any unrecorded sites will be impacted by the development. A Historical Overview for the property was put together by Jim Jenks the Historic Preservation Planner for the City of Bozeman in July of 2002. A copy of the overview is enclosed in Appendix I. According to the historical overview the first documented use of the property occurred in 1866 when a flour mill, known as the Gallatin Mill, and private residence for Perry W. McAdow were constructed. Perry McAdow is considered one of the first figures in early Bozeman history. By the early twentieth century the property had changed hands several times and came into use as a dairy farm known as the Jersey Dairy. Since then the property has largely been abandoned for years. According to the overview the buildings which currently exist on the site probably do not date from the McAdow period of use therefore they are not considered historically significant. As recommended in the Historical Overview, the developer has installed a ground mounted plaque at the intersection of the pedestrian trail and Village Downtown Boulevard. The plaque includes a historical narrative of the site. If, in the course of the proposed development any sites are uncovered, the State Historic Preservation Office will be notified. See Appendix E for response letter. 157 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT H. AGRICULTURE (WAIVED) I. AGRICULTURAL WATER USER FACILITIES The Mill Ditch Diversion runs through the southwestern corner of the property and borders the development on the west and north sides. Storm water will be retained in detention ponds prior to being transferred to the Mill Ditch Diversion. The ability of the Mill Ditch Diversion to convey irrigation water is not affected by this project and the existing stream bed will remain undisturbed. J. WATER AND SEWER Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. There is an existing 8” water main in Village Downtown Boulevard running under the north side of the roadway. The existing 8” main will be live tapped on the north and south sides of the project and a new 8” water main will loop down Front Street and between Block 1 and Block 2. Two existing hydrants, #1857 and #1858, will service Block 1 and two additional hydrants will be installed with this project to service Block 2. Two new hydrants are proposed; one at the intersection of Alley and Front Street and another is proposed within the Alley. Brian Heaston calculated the cash in lieu of water rights (CILWR) value for the originally proposed 16 residential lots which was assessed at 0.234 AF/lot @$6k/AF. ~$22.5k. For the new subdivision layout of 10 residential lots, the new water rights assessment is 0.234 AF/lot @$6k/AF ~$14.0k. An existing 12” asbestos cement sewer main runs from north to south through the proposed Parklands Subdivision. This existing gravity interceptor line is referred to as the Front Street Interceptor in the 2015 Wastewater Facility plan and is indicated as a near-term improvement. This sanitary sewer main will be relocated with this project and the main will be upgraded to a 21” PVC SDR 35 main. The new main size was determined based on the City of Bozeman Capital Improvements Plan recommended upgrades to the existing system. The existing 12” asbestos cement main will be replaced downstream of existing manhole D0419 installed with SID 425. At this location, a new 60” sanitary sewer manhole will be installed and the new gravity main will run north to Front Street. From here, the main will jog northwest and tie back in to the existing sanitary sewer manhole D0421 installed with SID 425 north of Village Downtown Boulevard. Refer to the water and sewer design report included in Appendix J for further detail on this section. K. STORM WATER MANAGEMENT Storm water runoff from The Village Downtown Subdivision is currently conveyed to detention and retention ponds located throughout the subdivision. These storm water facilities filter sediment and oils from the storm water before the water is discharged into a drainage or allowed to infiltrate into the ground. The facilities currently installed have been approved by the City of Bozeman Engineering Department and the Montana Department of Environmental Quality. The existing pond on the south side of Village Downtown Boulevard near the cul-de-sac will need to be reformed to accommodate the proposed buildings and new lot layout. The relocation of the pond 158 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT is shown on the site plan. A Storm Water Management Design Report, a drainage area map for the overall subdivision and copies of the City and MDEQ approval letters are attached in Appendix C. L. STREETS, ROADS, AND ALLEYS Access to the site will be provided from North Broadway Avenue to Village Downtown Boulevard and through the proposed Front Street and Alley, from where the residents will access their driveways. North Broadway Avenue is classified as a collector street and Village Downtown Boulevard is classified as a local street. Front Street is proposed to be a 35’ wide paved roadway; the Alley will be a 24’ wide paved surface. Front Street will have 5’ sidewalks on either side with boulevards. A pedestrian trail corridor has been constructed along the eastern boundaries of the subdivision atop the old railway berm. This trail corridor will be further expanded with this project with the addition of a trail network proposed in Linear Park 1 which will link up with the existing trail corridor via a class II gravel trail. A Traffic Impact Study was previously prepared for the Village Downtown in 2003 by Bob Abelin and Abelin Traffic Services completed an Intersection Signalization Warrant in 2006 regarding traffic volumes created by the Village Downtown, copies of these studies are on file in the City Archives. According to the Institute of Transportation Engineers (ITE) “generally, the suggested baseline for requiring a TIS is when the proposed development generates 100 new trips to the adjacent street network during the peak-hour of the adjacent street traffic.” The ITE trip generation spreadsheet below was prepared for this project based on 25 residential dwelling units (DUs) which are proposed with this site. The calculations below indicate that less than 100 peak-hour trips will be generated, therefore a revised TIS will not be required with this subdivision. M. UTILITIES Letters requesting comments on their ability to service this subdivision have been sent to the following service providers: 159 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT U.S. Postal Service, Qwest Communications, Northwestern Energy, Bresnan Communications, Gallatin County Communications Services, Montana Department of Fish, Wildlife and Parks, American Medical Response, Montana Historical Society, Bozeman Police Department, Bozeman Deaconess Hospital, Bozeman Public School District, Bozeman Fire Department, and BFI Waste Services. Response letters from all of those who chose to comment are enclosed in Appendix E (original PUD letters from 2002 are also included). N. EDUCATIONAL FACILITIES A written statement from Gary J. Griffith, Supervisor of Maintenance and Operations, Bozeman School District #7 is enclosed in Appendix E. The response letter indicates that the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. O. LAND USE The Village Downtown consists of three separate projects, The Village Townhouses (16 townhouse units & 6 single family units), The Village Lofts (4 buildings w/43 residential units each) and The Village Terraces (8 buildings w/ 9 residential units each), the proposed final phase of development. The entire original development plan consisted of 266 residential units, which is subject to change. The property is within the City of Bozeman with zoning designations of R-4 and R-O. P. PARKS AND RECREATION FACILITIES The proposed subdivision configuration consists of 9 single-household lots and 1 multi-household lot, resulting in a total of 20 dwelling units (DU). The required parkland for this subdivision is 20 DU’s * 0.03 ac/DU = 0.60 acres of parkland required. The provided park area is 0.63 acres (27,460 sf). Therefore, parkland requirements are being met for this subdivision. The current number of dwelling units was established in order to have a net residential density of 8 DU/acre. If additional dwelling units are proposed on the multi-family lot, cash-in-lieu will be provided in order to meet the parkland requirements. There is an existing 25’ linear park/trail easement that runs along the northeast boundary of the property. This easement was recorded with Minor Subdivision 344B and is intended to provide a pedestrian connection from the Village Downtown Subdivision to the Northern Pacific Addition to Bozeman Subdivision. This connection will be installed in the future. Additionally, Lot R1 will be sold to the Audubon Society to exist in perpetuity as a wetland park. A concept of this layout has been provided in Appendix F. Please see the Master Park Plan write-up for more information. 160 THE PARKLANDS SUBDIVISION PRELIMINARY PLAT APPLICATION #170090 PP ITEM #13 - ENVIRONMENTAL ASSESSMENT Q. NEIGHBORHOOD PLAN The proposed subdivision does not include a neighborhood center plan as all of the proposed lots will be within one half mile of Downtown Bozeman, including the City Library and Lindley Park. The lot area of the proposed subdivision is only 40% of Lot 4. The majority of the property will be left as undisturbed wetlands. Since the proposed project is located within one half mile of downtown Bozeman; per section 38.23.020 this project is exempt from the requirements of Sec. 38.23.020. R. LIGHTING PLAN A street lighting plan will be submitted during construction document review which will conform to the latest lighting standards: COB Design Standards and Specifications, March 2004, Addendum No. 6 approved 5/1/17. It is anticipated that a 25-foot light pole will be installed at the cul-de-sac on Village Downtown Boulevard. The street lighting design and layout will comply with the Bozeman Lighting and Electrical Specifications in Addendum No. 6. Typical street light standard detail, Figure 10 with LED luminaires is typical of what will be specified for this project. S. AFFORDABLE HOUSING This subdivision proposes 9 new single-household (market-rate) lots and therefore no affordable housing is required per BMC Section 38.43.030.A.1. T. MISCELLANEOUS (WAIVED) 161 130 South Howie Street Helena, Montana 59601 406-459-1443 August 6, 2019 Michael Delaney Delaney & Company 101 East Main Street Bozeman, MT 59715 RE: Village Downtown Boulevard Cul-De-Sac Dear Mike, thank you for your inquiry regarding the proposed modifications to the cul- de-sac at the end of Village Downtown Boulevard in Bozeman. It is my understanding that the City of Bozeman has requested the existing cul-de-sac at the end of this road be removed in favor of a hammerhead turn-around along the Front Street right-of-way in order to prepare for a future Front Street road connection through this area. It is our view that this proposed modification to the Village Downtown Boulevard cul-de- sac is premature given the unknown development plans of Front Street. Currently, the roundabout design included at the cul-de-sac effectively allows drivers to circulate in and out of Village Downtown Boulevard, while allowing delivery and emergency vehicles to easily turn around at the end of the road without conflicting with other drivers or pedestrians. The proposed hammerhead turn-around would not function as well as the current configuration. The development of Front Street along the northern portion of the Village Downtown has been under consideration by the City of Bozeman but was not included as a recommended project in the most recent 2017 Bozeman Transportation Master Plan. While the development of Front Street may be worth considering, it would face a variety of geometric, environmental, and ROW issues to complete. It is not known when or if Front Street will be developed and connected to the existing road network. Ultimately, Village Downtown Boulevard will provide access to approximately 100 residential units creating approximately 600 daily vehicle trips on the road. The road will include sidewalks, center medians, on-street parking, and a roundabout turn-around. While the proposed hammerhead design for the end of Village Downtown Boulevard is consistent with the possible future development of Front Street, the proposed design will impede vehicle circulation along the road by forcing vehicle to perform backing maneuvers in traffic to turn around at the end of the road instead of making simple U-turns at the roundabout. The proposed hammerhead layout will also force more pedestrians into the street, potentially coming into conflict with drivers backing up to perform turning maneuvers. Overall, the hammerhead layout would negatively impact vehicle circulation and pedestrian safety at this location. If Front Street is developed, then the proposed road layout would be beneficial for the overall development of the road connections to the east and west. However, if Front Street is not developed in the near future, the proposed layout would have no positive benefit and could have potential negative impacts. 162 2 The developers of the Village Downtown have also offered to bond for the construction of the proposed hammerhead design for five years and perform the modification if a Front Street connection becomes a committed project for the City of Bozeman. The developers would also waive the right of protest of the development of an SID for the properties on Village Downtown Boulevard to implement the requested road improvements if Front Street is constructed in the future. Ultimately, the development of Front Street is a desirable goal for the City of Bozeman. However, until a specific engineering plan and time schedule is developed, or the roadway extension becomes a part of a future Bozeman Transportation Plan, it would be premature to enact modification to adjacent roadways which may negatively impact vehicle circulation and pedestrian safety in this area. Sincerely, Bob Abelin, P.E. PTOE Abelin Traffic Services, Inc. 163 WATER AND SEWER DESIGN REPORT THE PARKLANDS SUBDIVISION AT THE VILLAGE DOWNTOWN PUD Prepared for: Village Investment Group 101 E. Main Street, Suite D Bozeman, MT 59715 Prepared by: Project Number: 170090 May 2018 164 Design Report - Page 2 of 6 INTRODUCTION The Parklands Subdivision project is a major subdivision that proposes to create 1 multi-household lot, 9 single-household lots, 1 park, and 1 common open space. For the purpose of this report, the multi-family lot was assessed at 11 dwelling units to meet the 8 dwelling units per acre net residential density. Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. PROPOSED WATER LAYOUT AND EXISTING FACILITIES There is an existing 8” water main in Village Downtown Boulevard running under the north side of the roadway. The existing 8” main will be live tapped on the north end and the south side of the project. A new 8” water main will loop down Front Street and between Block 1 and Block 2 before tying in to the existing water main in Village Downtown Boulevard. Two existing hydrants: #1857 and #1858 will service Block 1 and two additional hydrants will be installed with this project to service Block 2. One new hydrant is proposed at the intersection of Alley and Front Street and another is proposed within the Alley. A valve will be located at Front St. and the Alley intersection which will allow the new hydrants to be isolated. WATER SYSTEM DESIGN A WaterCAD analysis is enclosed at the end of the report analyzing the existing 8-inch water main extension proposed with this project. The connection to the existing system was modeled as a pump curve using data obtained from the City of Bozeman Water Department. The hydrant data used was for hydrant #5, located at East Mendenhall Street and North Broadway Avenue. The flow test was conducted for the original Village Downtown PUD is 2002 and as such is older water system data. It is assumed that this hydrant flow data is still a reasonable representation of site conditions. The original pump curve from the Village Downtown PUD water design report was used at the connectin point to model the existing system. The following equation based off of the Hazen Williams method is used to generate the pump curve: Q = Qf x ((Ps - P) / (Ps - Pr))0.54 Where: Q = flow predicted at desired residual pressure, Qf = total flow measured during test, Pr= 165 Design Report - Page 3 of 6 residual pressure during test, Ps = static pressure and P = residual pressure at the desired flow rate. Ps = 125 PSI Pr = 110 PSI Qf = 1,635 GPM In the model, the pump is connected to a reservoir which acts as a source of water. The elevation of the reservoir is fixed at the elevation of the pump, which is also equivalent to the elevation of the tie-in point. The reservoir does not create any head on the system; the head is generated entirely by the pumps. The input data and the pump curves are included at the end of the report. The pump curve table includes all calculations and equations used in determining flow characteristics at the connection point. A C-factor of 130 and 80 were chosen for ductile iron pipe and cast iron pipe, respectively. The C-factor of 80 was chosen for cast iron due to its age. Cast iron pipe typically has a higher friction loss than ductile iron, especially with older pipe. DEMAND FORECASTING A water distribution model was created using WaterCAD Version 10.01.00.72 for demand forecasting and describing domestic and fire protection requirements. In order to model the system, each junction node of the water distribution system was assessed a demand based on its service area. The table shown below quantifies the demands placed at the junction nodes and calculates the demands for Average Day, Maximum Day and Peak Hour within the subdivision. The peaking factor for each case is 1, 2.3 and 3.0 respectively. Residential Units: Average Daily Residential Usage = 170 gallons per capita per day Average Population Density = 2.11 persons/dwelling unit Minimum Fire Hydrant Flow = 1,500 gpm Residual Pressure Required = 20 psi for Fire Flow Average Day Demand (Peaking Factor = 1) Maximum Day Demand (Peaking Factor = 2.3) Maximum Hour Demand (Peaking Factor = 3.0) 166 Design Report - Page 4 of 6 Residential Water Demands (Junction 57 – Lot 1, Block 1 and Lots 1-9, Block 2) Average Day Demand = 20 d.u. x 2.11 persons/d.u. x 170 gpcpd = 7,174 gpd = 4.98 gpm Maximum Day Demand = 5.0 gpm x 2.3 = 11.45 gpm Peak Hour Demand = 5.0 gpm x 3.0 = 14.94 gpm Parklands Demand Summary (average day, max day and peak hour): DEMAND JUNCTION NODE DWELLING UNITS (D.U.) POPULATION (RES.) 2.11 PEOPLE PER D.U. AVERAGE DAY GPM (170 GALLONS PER DAY PER PERSON) MAX. DAY GPM PEAK HOUR GPM J-57 20 42 5.0 11.5 14.9 Total 20 42 5.0 11.5 14.9 CONCLUSIONS The 8-inch DIP water main does provide adequate capacity with regards to the Peak Hour Demands. The flows and pressures within the system for the Peak Hour Demands were generated with the WaterCAD program and can be found at the end of the report. The capacity of the system to meet fire flow requirements was tested by running a steady state fire flow analysis for all junctions at fire hydrant locations. The model shows that existing water system will satisfy fire flow constraints (residual pressure > 20 psi, flow rate > 1500 gpm), while providing service to the buildings at peak hour. The results of the analysis at peak hourly flow are given at the end of the report. SEWER SYSTEM An existing 12” asbestos cement sewer main runs from north to south through the proposed Parklands Subdivision. This existing gravity interceptor line is referred to as the Front Street Interceptor in the 2015 Wastewater Facility plan and is indicated as a near-term improvement. This sanitary sewer main will be relocated with this project and the main will be upgraded to a 21” PVC SDR 35 main. The new main size was determined based on the City of Bozeman Capital Improvements Plan recommended upgrades to the existing system. The existing 12” asbestos 167 Design Report - Page 5 of 6 cement main will be replaced downstream of existing manhole D0419 installed with SID 425. At this location, a new 60” sanitary sewer manhole will be installed and the new gravity main will run northeast to future Front Street. From here, the main will head northwest through the future Front Street right-of-way and tie back in to the existing sanitary sewer manhole D0421 installed with SID 425 north of Village Downtown Boulevard. DESIGN REQUIREMENTS The flow rates used herein are according to Shawn Kohtz of the City of Bozeman Engineering Department. He has stated that the City Design Standards and Specifications Policy will be updated to change the standard from 89 gpcd with an occupancy of 2.11 people per unit to 65 gpcd with an occupancy of 2.17 people per unit. The peaking factor for the design area is determined by figuring the equivalent population and inserting the population into the Harmon Formula. Using the city average of 2.17 persons per household, the equivalent is calculated. Sewer Flows from Parklands Subdivision: Equivalent Population = (2.17 persons/dwelling unit)(20 units) = 43.40 persons Harmon Formula: Peaking Factor = (18 + P0.5)/(4 + P0.5) where: P = Population in thousands Peaking Factor = (18 + 0.049910.5)/(4 + 0.049910.5) Peaking Factor = 4.33 Assumed infiltration rate = 150 gallons/acre/day = 150 (11.84 acres) = 1776 gal/day The peak flow rate is calculated by multiplying the City's design generation rate of 65 gallons per capita per day by the population, multiplying by the peaking factor, and adding the infiltration rate: Peak Flow Rate = 65 gpcpd (43.40 persons) (4.33) + 1776 gpd= 13990.93 gpd = 9.72 gpm (0.0217 cfs) The capacity of a 21-inch main is checked using Manning’s Equation: 168 Design Report - Page 6 of 6 Qfull = (1.486/n)AR2/3S1/2 For the 21-inch main: Manning's n = 0.013 for PVC Pipe Minimum Slope = 0.004 ft/ft A = area = (3.14/4)d 2 = (3.14/4)(21/12)2 = 2.404 ft2 P = perimeter = 2(3.14)r = 2(3.14)(10.5/12) = 5.495 ft R = hydraulic radius = A/P = 2.404/5.495 = 0.4375 ft R2/3 = 0.5763 ft S = 0.004 ft/ft S1/2 = 0.0632 ft/ft Qfull = (1.486/0.013)(2.404)(0.5763)(0.0632) = 10.01 cfs The 2015 Wastewater Facility plan indicates that the existing Front Street Interceptor in the project vicinity is flowing at 50-75% of maximum depth. The current flow rate in the existing 12” asbestos cement main at this depth is calculated below from the online Haws-EDC calculator: Based on these calculations, the 21-inch sewer line is more than adequate to carry the additional design flows created by this subdivision. 169 Scenario Summary Report Scenario: Base Scenario Summary 1ID BaseLabel Notes Base Active TopologyActive Topology Base PhysicalPhysical Base DemandDemand Base Initial SettingsInitial Settings Base OperationalOperational Base AgeAge Base ConstituentConstituent Base TraceTrace Base Fire FlowFire Flow Base Energy CostEnergy Cost Base TransientTransient Base Pressure Dependent DemandPressure Dependent Demand Base Failure HistoryFailure History Base SCADASCADA Base User Data ExtensionsUser Data Extensions Base Calculation OptionsSteady State/EPS Solver Calculation Options Base Calculation OptionsTransient Solver Calculation Options Hydraulic Summary Steady StateTime Analysis Type TrueUse simple controls during steady state? Hazen-WilliamsFriction Method FalseIs EPS Snapshot? 0.001Accuracy 12:00:00 AMStart Time 40Trials Fire FlowCalculation Type Page 1 of 127 Siemon Company Drive Suite 200 WWatertown, CT 06795 USA +1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods SolutionCenterWATER MAIN MODEL 7-26-17.wtg 170 Scenario: Base P-70P-69 P-88P-79P-82P-91P-76P-80 P-58P-77P-74P-54Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 171 FlexTable: Pipe Table Headloss Gradient (ft/ft) Hydraulic Grade (Stop) (ft) Hydraulic Grade (Start) (ft) Velocity (ft/s) Flow (gpm) Minor Loss Coefficient (Derived) Has Check Valve? Hazen-Williams C MaterialDiameter (in) Length (User Defined) (ft) Label 0.0005,099.455,099.450.0001.870False80.0Cast iron6.0334P-52 0.0005,099.455,099.450.0000.740False80.0Cast iron6.0433P-53 0.0005,099.455,099.450.0002.470False80.0Cast iron6.026P-54 0.0005,099.455,099.450.0001.480False80.0Cast iron6.0265P-55 0.0005,099.455,099.450.0002.270False80.0Cast iron10.0394P-58 0.0005,099.435,099.430.0351.670False130.0Ductile Iron8.0201P-69 0.0005,099.435,099.430.01-10.740False130.0DuctileIron8.0419P-70 0.0005,099.435,099.430.01-10.800False130.0Ductile Iron8.010P-72 0.0005,099.435,099.430.01-10.740False130.0DuctileIron8.0260P-73 0.0005,099.435,099.430.0001.280False130.0DuctileIron8.0112P-74 0.0005,099.435,099.430.0000.000False130.0Ductile Iron6.00P-75 0.0005,099.435,099.430.0230.350False130.0DuctileIron8.0300P-76 0.0005,099.435,099.430.0231.280False130.0Ductile Iron8.0143P-77 0.0005,099.435,099.430.12190.350False130.0DuctileIron8.065P-79 0.0005,099.435,099.430.0001.940False130.0DuctileIron6.010P-80 0.0005,099.435,099.430.0000.000False130.0Ductile Iron6.010P-81 0.0005,099.435,099.430.0000.000False130.0DuctileIron6.015P-82 0.0005,099.435,099.450.12192.720False130.0Ductile Iron8.01,365P-84 0.0005,099.455,099.450.0000.740False130.0DuctileIron8.0741P-85 Page 1 of 227 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA+1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 172 FlexTable: Pipe Table Headloss Gradient (ft/ft) Hydraulic Grade (Stop) (ft) Hydraulic Grade (Start) (ft) Velocity (ft/s) Flow (gpm) Minor Loss Coefficient (Derived) Has Check Valve? Hazen-Williams C MaterialDiameter (in) Length (User Defined) (ft) Label 0.0005,099.455,099.450.0002.470False80.0Cast iron6.034P-86 0.0004,827.004,827.000.0000.000False130.0DuctileIron99.01P-87 0.0005,099.455,099.450.0000.000True130.0DuctileIron99.01P-88 0.0005,099.455,099.450.0002.270False80.0Cast iron6.0658P-89 0.0004,811.004,811.000.00190.000False130.0DuctileIron99.01P-90 0.0005,099.455,099.450.00190.000True130.0Ductile Iron99.01P-91 Page 2 of 227 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA+1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 173 FlexTable: Junction Table Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Demand CollectionZoneElevation (ft) LabelID 1155,099.450<Collection: 0 items><None>4,833.00BUTTONWOOD AVE145 1155,099.450<Collection: 0 items><None>4,833.00E. MAIN147 1415,099.430<Collection: 0 items><None>4,773.00HYD 1187 1425,099.430<Collection: 0 items><None>4,771.00HYD 2199 1255,099.450<Collection: 0 items><None>4,811.00HYD5MENDENHALL AND BROADWAY201 1185,099.450<Collection: 0 items><None>4,827.00HYD211143 1185,099.450<Collection: 0 items><None>4,827.00HYD234139 1385,099.430<Collection: 0 items><None>4,781.00HYD1857195 1415,099.430<Collection: 0 items><None>4,774.00HYD1858197 1265,099.450<Collection: 0 items><None>4,808.00J-46156 1415,099.432<Collection: 1 items><None>4,774.00J-54171 1375,099.4311<Collection: 1 items><None>4,783.00J-55174 1415,099.436<Collection: 1 items><None>4,773.00J-56177 1425,099.430<Collection: 0 items><None>4,771.00J-57179 1425,099.430<Collection: 0 items><None>4,771.00J-58182 1415,099.430<Collection: 0 items><None>4,773.00J-59185 1415,099.430<Collection: 0 items><None>4,774.00J-61189 1385,099.430<Collection: 0 items><None>4,781.00J-62192 1255,099.450<Collection: 0 items><None>4,811.00J-67204 1255,099.450<Collection: 0 items><None>4,811.00NORTH BROADWAY149 1245,099.450<Collection: 0 items><None>4,812.00S. WALLACE AVE154 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA+1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 174 FlexTable: Pump Table Pump Head (ft) Flow (Total) (gpm) Hydraulic Grade (Discharge) (ft) Hydraulic Grade (Suction) (ft) Status (Initial)Pump DefinitionElevation (ft) LabelID 0.0005,099.454,827.00OffHydrant 2344,827.00PMP-3207 288.45195,099.454,811.00OnHydrant 54,811.00PMP-4218 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA+1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 175 Pump Definition Detailed Report: Hydrant 5 Element Details 221ID Notes Hydrant 5Label Pump Curve Head (ft) Flow (gpm) 288.460 276.92903 230.772,154 184.622,959 138.463,609 92.314,172 46.154,676 0.005,138 Pump Efficiency Type Constant EfficiencyPump Efficiency Type %100.0Motor Efficiency %100.0Constant Efficiency FalseIs Variable Speed Drive? Transient (Physical) lb·ft²0.000Inertia (Pump and Motor)SI=25,US=1280Specific Speed rpm0Speed (Full)TrueReverse Spin Allowed? Page 1 of 227 Siemon Company Drive Suite 200 WWatertown, CT 06795 USA +1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods SolutionCenterWATER MAIN MODEL 7-26-17.wtg 176 Pump Definition Detailed Report: Hydrant 5 Graph Head(ft)300.00 275.00 250.00 225.00 200.00 175.00 150.00 125.00 100.00 75.00 50.00 25.00 0.00 PumpEfficiency(%)110.0 100.0 90.0 80.0 70.0 60.0 50.0 40.0 30.0 20.0 10.0 0.0 Flow (gpm) 5,0004,5004,0003,5003,0002,5002,0001,5001,0005000 Page 2 of 227 Siemon Company Drive Suite 200 WWatertown, CT 06795 USA +1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods SolutionCenterWATER MAIN MODEL 7-26-17.wtg 177 Fire Flow Node FlexTable: Fire Flow Report Junction w/ Minimum Pressure (System) Pressure (Calculated System Lower Limit)(psi) Pressure (Calculated Residual) (psi) Pressure (Residual Lower Limit)(psi) Flow (Total Available) (gpm) Flow (Total Needed) (gpm) Fire Flow (Available) (gpm) Fire Flow (Needed) (gpm) Label (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500HYD234 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500HYD211 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500BUTTONWOODAVE (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500E. MAIN (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500NORTHBROADWAY (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500S. WALLACE AVE (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-46 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-54 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-55 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-56 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-57 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-58 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-59 J-593320202,4301,5002,4301,500HYD 1 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-61 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-62 J-553220202,5941,5002,5941,500HYD1857 J-613220202,5091,5002,5091,500HYD1858 J-583320202,4851,5002,4851,500HYD 2 (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500 HYD5MENDENHALLANDBROADWAY (N/A)(N/A)(N/A)20(N/A)(N/A)(N/A)1,500J-67 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA+1-203-755-16667/28/2017 Bentley WaterCAD CONNECT Edition[10.00.00.50]Bentley Systems, Inc. Haestad Methods Solution CenterWATER MAIN MODEL 7-26-17.wtg 178 DESIGN REPORT STORMWATER MANAGEMENT THE PARKLANDS AT VILLAGE DOWNTOWN MAJOR SUBDIVISION OF LOT 4A, MINOR SUBDIVISION NO. 344B Prepared for: Village Investment Group 101 E. Main Street, Suite D Bozeman, MT 59715 Prepared by: Project Number: 170090 May 2018 179 INTRODUCTION The Parklands Subdivision project proposes to develop Lot 4A, Minor Subdivision 344B into 9 single-household lots, 1 multi-family lot, 1 park, 1 common open space and 1 remainder lot. The property is located in the City of Bozeman and is zoned as R-4. There is an existing detention pond at the east side of the cul-de-sac in existing Common Open Space #2. This pond will be reformed within Common Open Space A provided to the east of the cul-de-sac of Village Downtown Boulevard. The reformed detention pond provides 7,552 cubic feet of runoff storage and discharges into the existing wetland area. Runoff overland flows from here into an existing drainage ditch located east of Minor Subdivision 344B which drains into Story Ditch and continues to flow to the northeast under the Montana Rail Link railroad bridge. Supporting stormwater calculations are attached to this report. STORM SEWER FACILITIES DESIGN Storm sewer facilities were sized for the 25-yr storm using Manning’s Equation. For the inlet, the contributing area, weighted C factor, and time of concentration were calculated. These values were input into Manning’s Equation to check capacity and flow characteristics for inlets, storm drain pipes, and curb gutters. All curbs are designed to maintain 0.15’ freeboard per C.O.B. Design Manual Section IV.C.5. For the purposes of this report, each pipe section was named to match the associated upstream structure. Pipe sizing calculations are included in Appendix C. CONTRIBUTING DRAINAGE AREAS TO PROPOSED The site was divided into two drainage basins as shown on the attached Drainage Area Map included in Appendix A. All drainage from Drainage Areas 1 and 2 will be routed to the reformed detention pond proposed with this project. A new outlet structure will be required with a weir slot width of 3.5 inches. The weir is to be located 1’ above the bottom of the pond so that the first 0.5 inches of runoff is retained before the stormwater is discharged. The required stormwater detention pond volume is 5,433 cubic feet, and the pond has been sized for 7,552 cubic feet of storage. Drainage area calculations can be found in Appendix B and pond sizing calculations can be found in Appendix D. 180 APPENDIX A DRAINAGE AREA MAP 181 APPENDIX B DRAINAGE AREA CALCULATIONS 182 DRAINAGE AREA #1 1. Calculate Weighted C Factor for Right-of-Way Component Width C ROW Hardscape 64 0.95 ROW Landscape 16 0.2 Weighted C Factor = 0.80 2. Calculate Area and Weighted C Factor Contributing Area C Area (ft 2)C * Area Composite ROW 0.80 139391 111513 OS 0.2 8601 1720 Low-Med Residential 0.35 0 0 Dense Residential 0.5 52799 26400 Total 200791 139633 A = Area (acres) 4.6095 C = Weighted C Factor 0.70 3. Calculate Tc (Time to Concentration) Tc Overland Flow Tc = 1.87 (1.1-CCf)D1/2/S1/3 Storm S = Slope of Basin (%) 2.00% Return (yrs)Cf C = Rational Method Runoff Coefficient 0.35 2 to 10 1 Cf = Frequency Adjustment Factor 1.1 11 to 25 1.1 D = Length of Basin (ft) 100 26 to 50 1.2 51 to 100 1.25 Tc Overland Flow (minutes)10.6 Tc Gutter Flow Tc = L/V/60 V = (1.486/n)R2/3 S1/2 n = Mannings Coefficient 0.013 R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 3.35% L = length of gutter (ft) 1097 V = mean velocity (ft/s) 5.49 Tc Gutter Flow (minutes) =3.3 Tc Total = 13.9 (5 minute minimum) 4. Calculate Flow (Rational Formula) Q = CIA C = Weighted C Factor 0.70 (calculated above) I = 0.78 Tc-0.64 (in/hr)1.98 (25-yr storm) A = area (acres) 4.61 (calculated above) Q = REQUIRED GUTTER CAPACITY (cfs) 6.36 (assuming no carry flow) 183 PROVIDED GUTTER CAPACITY 1. Calculate Gutter Capacity @ 0.15' Below Top of Curb Q = (1.486/n)AR2/3 S1/2 n = Mannings Coefficient 0.013 A = Area (ft2)1.24 (0.15' below top of curb) P = Wetted perimeter (ft) 9.23 (0.15' below top of curb) R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 3.35% Q = PROVIDED GUTTER CAPACITY (cfs) 6.80 184 DRAINAGE AREA #2 1. Calculate Weighted C Factor for Right-of-Way Component Width C ROW Hardscape 64 0.95 ROW Landscape 16 0.2 Weighted C Factor = 0.80 2. Calculate Area and Weighted C Factor Contributing Area C Area (ft 2)C * Area Composite ROW 0.80 46742 37393 OS 0.2 27460 5492 Low-Med Residential 0.35 72184 25265 Dense Residential 0.5 0 0 Total 146386 68150 A = Area (acres) 3.3606 C = Weighted C Factor 0.47 3. Calculate Tc (Time to Concentration) Tc Overland Flow Tc = 1.87 (1.1-CCf)D1/2/S1/3 Storm S = Slope of Basin (%) 2.00% Return (yrs)Cf C = Rational Method Runoff Coefficient 0.35 2 to 10 1 Cf = Frequency Adjustment Factor 1.1 11 to 25 1.1 D = Length of Basin (ft) 100 26 to 50 1.2 51 to 100 1.25 Tc Overland Flow (minutes)10.6 Tc Gutter Flow Tc = L/V/60 V = (1.486/n)R2/3 S1/2 n = Mannings Coefficient 0.013 R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 1.00% L = length of gutter (ft) 305 V = mean velocity (ft/s) 3.00 Tc Gutter Flow (minutes) =1.7 Tc Total = 12.3 (5 minute minimum) 4. Calculate Flow (Rational Formula) Q = CIA C = Weighted C Factor 0.47 (calculated above) I = 0.78 Tc-0.64 (in/hr)2.15 (25-yr storm) A = area (acres) 3.36 (calculated above) Q = REQUIRED GUTTER CAPACITY (cfs) 3.36 (assuming no carry flow) 185 PROVIDED GUTTER CAPACITY 1. Calculate Gutter Capacity @ 0.15' Below Top of Curb Q = (1.486/n)AR2/3 S1/2 n = Mannings Coefficient 0.013 A = Area (ft2)1.24 (0.15' below top of curb) P = Wetted perimeter (ft) 9.23 (0.15' below top of curb) R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 1.00% Q = PROVIDED GUTTER CAPACITY (cfs) 3.72 186 APPENDIX C STORM SEWER FACILITIES CALCULATIONS 187 DETENTION POND #1 OUTLET PIPE 25-YR OUTFLOW RATE REQUIRED CAPACITY 1. Calculate Weighted C Factor for Right-of-Way Component Width C ROW Hardscape 64 0.95 ROW Landscape 16 0.2 Weighted C Factor = 0.80 2. Calculate Area and Weighted C Factor (Post-Development) Contributing Area C Area (ft 2 )C * Area Composite ROW 0.80 186132 148906 OS 0.2 36061 7212 Low-Med Residential 0.35 72184 25265 Dense Residential 0.5 52799 26400 Total 347177 207782 A = Area (acres) 7.9701 C = Weighted C Factor 0.60 2. Calculate Rainfall Intensity (Duration = Max Tc from Contributing Drainage Areas) i = 0.78x-0.64 (10-yr Storm, Fig. I-3, COB Design Standards) x = storm duration (hrs) 0.23 (DA #1) i = rainfall intensity (in./hr.) 1.98 3. Calculate 25-yr Pond Outflow Rate Q = CiA C = Rational Method Runoff Coefficient 0.80 (calculated above) i = rainfall intensity (in./hr.) 1.98 (calculated above) A = Area (acres) 7.97 (calculated above) Q = 25-yr Pond Outflow Rate (cfs) 12.65 188 MANNING'S EQUATION FOR PIPE FLOW Pipe: Detention Pond #1 Outlet Pipe Location: Detention Pond #1 INPUT D= 21 inches d= 19.70 inches Mannings Formula n= 0.013 mannings coeff 57.7 degrees Q=(1.486/n)ARh2/3S1/2 S= 0.006 slope in/in R=A/P A=cross sectional area P=wetted perimeter V=(1.49/n)Rh2/3S1/2 S=slope of channel Q=V x A n=Manning's roughness coefficient Solution to Mannings Equation Area,ft2 Wetted Perimeter, ft Hydraulic Radius, ft velocity ft/s flow, cfs PVC 0.013 2.34 4.62 0.51 5.86 13.74 PE (<9"dia) 0.015 PE (>12"dia) 0.02 PE(9-12"dia) 0.017 CMP 0.025 ADS N12 0.012 HCMP 0.023 Conc 0.013 Manning's n-values d  D 189 APPENDIX D POND SIZING CALCULATIONS 190 DETENTION POND #1 REQUIRED VOLUME 1. Calculate Weighted C Factor for Right-of-Way Component Width C ROW Hardscape 64 0.95 ROW Landscape 16 0.2 Weighted C Factor = 0.80 2. Calculate Area and Weighted C Factor (Post-Development) Contributing Area C Area (ft 2 )C * Area Composite ROW 0.80 186132 148906 OS 0.2 36061 7212 Low-Med Residential 0.35 72184 25265 Dense Residential 0.5 52799 26400 Total 347177 207782 A = Area (acres) 7.9701 C = Weighted C Factor 0.60 3. Calculate Tc (Pre-Development) Tc Overland Flow Tc = 1.87 (1.1-CCf)D1/2/S1/3 Storm S = Slope of Basin (%) 3.50% Return (yrs)Cf C = Rational Method Runoff Coefficient 0.2 2 to 10 1 Cf = Frequency Adjustment Factor 1 11 to 25 1.1 D = Length of Basin (ft) 532 26 to 50 1.2 51 to 100 1.25 Tc (Pre-Development) (minutes) 26 4. Calculate Rainfall Intensity (Duration = Pre-Development Tc) i = 0.64x-0.65 (10-yr Storm, Fig. I-3, COB Design Standards) x = storm duration (hrs) 0.43 (Tc Pre-Development) i = rainfall intensity (in./hr.) 1.11 5. Calculate Runoff Rate (Pre-Development) Q = CiA C = Rational Method Runoff Coefficient 0.2 (open land) i = rainfall intensity (in./hr.) 1.11 (calculated above) A = Area (acres) 7.97 (calculated above) Q = Runoff Rate (Pre-Development) (cfs) 1.78 191 6. Calculate Required Pond Volume Total Area (acres) = 7.97 acres Weighted C = 0.60 Discharge Rate (cfs) = 1.78 cfs (Equal to Pre-Development Runoff Rate) Duration(min) Duration(hrs) Intensity (in/hr)Qin (cfs)Runoff Volume Release Volume Required Storage (ft3) 23 0.38 1.19 5.69 7857 2451 5406 24 0.40 1.16 5.54 7975 2558 5417 25 0.42 1.13 5.39 8090 2664 5425 26 0.43 1.10 5.26 8201 2771 5431 27 0.45 1.08 5.13 8311 2877 5433 28 0.47 1.05 5.01 8417 2984 5433 29 0.48 1.03 4.90 8521 3090 5430 30 0.50 1.00 4.79 8623 3197 5426 31 0.52 0.98 4.69 8722 3304 541932 0.53 0.96 4.59 8820 3410 5409 OUTLET STRUCTURE SLOT Q=CLH3/2 Q = Discharge (cfs) 1.78 (calculated above) C = Weir Coefficient 3.33 (per COB Design Standards) H = Head (ft) 1.5 L = Horizontal Length (ft) 0.29 L = Slot Width (inches) 3.5 192 INSPECTION AND MAINTENANCE FOR STORMWATER MANAGEMENT FACILITIES The Property Owners Association shall be responsible for the maintenance of the stormwater drainage facilities within the Parklands Subdivision. The following areas, facilities will be inspected and the identified deficiencies shall be corrected. Clean-out must include the removal and legal disposal of any accumulated sediments and debris from the entire stormwater management system. Storm Water Facilities: 1. Detention Ponds: Inspect ponds annually and after major storms (following three days of dry weather after a storm event exceeding ¼ inch of precipitation.) and correct any identified deficiencies to ensure that it is working in its intended fashion and that it is free of trash and debris. Failure for water to percolate or pass through outlet structure within this time period indicates clogging or poor-draining soils. Replace/repair as necessary. Remove and properly dispose of any accumulated sediment or debris as needed. Inspect the embankments and drainage structures for settlement, slope erosion, and downstream swamping. Mow the embankment to control woody vegetation. Remove woody debris from the bottom of the pond. Inspect for channelization at bottom of pond and remove any channels observed. Regrade as required if any channels are found that are not an element of the original design. Remove grass clippings, litter, and debris from ponds. 2. Detention Pond Outlet Structures: Inspect Outlet Control Structures 2 times per year (preferably in spring and fall) to ensure that these structures are working in their intended fashion, free of debris and that the orifice and trash racks are unobstructed from trash and debris. Clean structures when sediment depths accumulate to the invert of outlet or to the bottom of the inlet weir. Remove floating debris and hydrocarbons if observed at the time of the inspection. 3. Storm Drainage Piping and Manholes Inspect pipe system 2 times per year (preferably in Spring and Fall) via manhole cover access into structures. Clean system when sediment depth reaches the bottom of inlet and outlet piping. Remove and dispose of any sediments or debris (see note at the bottom of page 2 for further detail on sediment disposal). Inspect pipe for any obstruction and remove obstructions immediately. Repair/replace damaged pipes and manholes if observed. 4. Vegetated Areas: Inspect slopes and embankments early in the growing season to identify active or potential erosion problems. Replant bare areas or areas with sparse growth. Where rill erosion is evident, armor the area with an appropriate lining or divert the erosive flows to 193 on-site areas able to withstand the concentrated flows. The facilities will be inspected after major storms and any identified deficiencies will be corrected. 5. Ditches, Swales, Stormwater Chases and other Open Stormwater Channels: Inspect 2 times per year (preferably in Spring and Fall) to ensure they are working in their intended fashion and that they are free of sediment and debris. Remove any obstructions to flow, including accumulated sediments and debris and vegetated growth. Repair any erosion of the ditch lining. Vegetated ditches will be mowed at least annually or otherwise maintained to control the growth of woody vegetation and maintain flow capacity. Any woody vegetation growing through riprap linings must also be removed. Repair any slumping side slopes as soon as practicable. If the ditch has a riprap lining, replace riprap on areas where any underlying filter fabric or underdrain gravel is showing through the stone or where stones have dislodged. Correct any erosion of the channel's bottom or side slopes. The facilities will be inspected after major storms and any identified deficiencies will be corrected. For concrete stormwater chase structures with metal “no slip” cover. Inspect covers to ensure metal edges aren’t protruding above the concrete surface. Correct deficiencies if found. Repair damaged or badly cracked stormwater chases if observed. Standard Maintenance Summary: 1. Remove sediment and oil/grease from retention ponds. 2. Inspect and remove debris from drainage swales, catch basins, and detention ponds. 3. Monitor health of vegetation and revegetate as necessary to maintain full vegetative cover. 4. Inspect for the following issues: differential accumulation of sediment, drain time, signs of petroleum hydrocarbon contamination (odors, oil sheen in pond water), standing water, trash and debris blockages. Note on sediment disposal: In most cases, sediment from a detention pond does not contain toxins at levels posing a hazardous concern. However, sediments should be tested for toxicants in compliance with current disposal requirements and if land uses in the drainage area include commercial or industrial zones, or if visual or olfactory indications of pollution are noticed. Sediments containing high levels of pollutants should be disposed of in accordance with applicable regulations and the potential sources of contamination should be investigated and contamination practices terminated. 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 1 The Parklands at Village Downtown March 20, 2019 Prepared for Village Investment Group 101 East Main, Suite D Bozeman, MT 59715 406-586-3132 Prepared by Shelly Engler, Landscape Architect 218 2 The Parklands at Village Downtown Parks Master Plan Table of Contents INTRODUCTION PAGE Overall Project Description 3 Adjacent Property Ownership, Zoning 3 And Location Soils Information 4 Miscellaneous Items 4 PARK PLAN 5 Parklands at Village Downtown Linear Park 5 Plant Community Table 5 Plant Palette 6 Irrigation Plan 7 Well Information 7 Maintenance Plan 7 LIST OF EXHIBITS 9 1. Park Landscape Plan and Details 10 2. Irrigation Plan and Details 12 3. Adjacent Property Owners 14 4. Soil Survey 19 5. Preliminary Plat 41 6. Well Log 42 7. Cost Estimate of Park Improvements 43 219 3 Overall Project Description The Parklands at Village Downtown Subdivision is located in Gallatin County on the east edge of Bozeman, Montana. Located in NW ¼, Section 8 Township 2 S., Range 6E of P.M.M. The owner is Village Investments Group, 101 E. Main Suite D, Bozeman MT 59715. The park is 27,460 square feet with a 25 foot trail easement connecting it to Village Downtown Boulevard. The park and easement contain a six foot concrete sidewalk and will provide for lot access, trees, plantings, open space and passive recreation opportunities. Property History, Adjacent Property Ownership, Zoning and Location The Parklands property has historically been used for agriculture. It was a part of the Sande Ranch until it was acquired by Village Investment Group. The property is bordered by lands owned by Village Investment Group Inc., Montana Rail Link and Village Loft condominiums. See Exhibit 3 for complete list of owners. 220 4 Soils Information Soils in the Parklands at Village Downtown are primarily loams, typical of relict stream terraces. Blackmore silt loam comprises the majority of the area with minor instances of straw loam. Soils are deep, nutrient rich and slightly alkaline. Loam soils are appropriate for park development and suitable for woody plant growth, herbaceous plants, and seeded or sodded grassland. See Exhibit 4 for complete soil survey. Miscellaneaous Items The subdivision will be developed in one phase. Phase I improvements will include the linear park and trail corridor. An environmental assessment was provided by Resource Technologies when the initial minor subdivision was filed. There are no critical lands or preconstruction requirements involved with this park. 221 5 PARK PLAN The overall plan for the Parklands at Village downtown linear park provides a cohesive park, trail and open space system for the community. The Parklands linear park and trail corridor shall: 1. Provide for a variety of passive recreational activities ranging from the sidewalk for walking and jogging to bird watching and passive open space activities. 2. A twelve foot wide all weather access to utilities is also provided in the linear corridor. Improvements will be installed with the appropriate phase of the development. Village Development Group will be responsible for park establishment, grading and seeding, planting boulevard trees and plantings, installing the well, irrigation system and sidewalk. All seeding and planting methods and materials shall meet all current City of Bozeman guidelines and requirements. (See Exhibits 1a and 1b) Plant Community Types The parks and open space in Parklands at Village downtown are designed to accommodate a variety of recreational activities. The vegetation will vary depending on the type and intensity of use. Generally, the plant communities fall into two zones: dryland, non-irrigated grassland and irrigated turfgrass. (See Exhibits) Irrigated Lawn Community Location: Parklands boulevards Uses: Passive recreational uses Elements: Walkways Maintenance: Turf areas will be irrigated and mown Drip irrigation to all plantings not in lawn areas Trees: Littleleaf Linden, Thornless Honeylocust, Helena Norway Maple Seed and sodded lawn areas are a high quality Kentucky Bluegrass mix 222 6 Native Grassland Community Location: Open space and trail corridors Uses: Passive Elements: Sidewalk. All weather utility access Maintenance: Grass is not irrigated or mown Drip irrigation to all plantings Street Trees Honeylocust Large Shade Trees Quaking Aspen Street trees will be planted in all public owned boulevards. Species will be selected from those approved by the City of Bozeman Forestry Division as suggested in the Tree Species Guide produced by the Forestry Division and the Bozeman Tree Advisory Board. Species include Norway Maple (Acer platanoides), Thornless Honeylocust (Gleditsia triacanthos v. inermis), and Littleleaf Linden (Tilia cordata). In order to provide a varied and diverse urban forest, no species shall comprise more than 40% of the overall number of trees and at least three different species shall be used in the street tree plantings. All boulevards will be seeded or sodded to a high quality Kentucky Bluegrass mix and provided with an automatic sprinkler system. Large shade trees will be used in open space areas to enhance the natural setting, provide shade, provide wind protection, delineate use areas, buffer surrounding uses, and to provide beauty. Species will include Quaking Aspen (Populus tremuloides) Trees: Quaking Aspen Shrubs: Flame Willow, Common Chokecherry Seed disturbed areas to native grass. Seed mix will be a combination of Western Wheatgrass, Thickspike Wheatgrass, Slender Wheatgrass, and Sheep Fescue. 223 7 Irrigation Plan As reflected on the conceptual landscape plans the boulevards adjacent to the linear park will be irrigated. These areas will utilize an automatic underground irrigation system. A well will be installed for irrigation in the park. The grass in the boulevard will be irrigated Kentucky Bluegrass turf. All trees and shrubs outside of lawn areas will be drip irrigated. Irrigation shall be installed to meet all City of Bozeman Park Division design guidelines and requirements. Irrigation plans are included in exhibits showing proposed layout, hardware specifications as well as water usage calculations. See Exhibits 2a and 2b. Well Information A well drilled in the Village Downtown at the south end of Village Crossing Way west of the cul de sac on 4/16/2008 space produced 25 gpm with the drill stem set at 109 feet for 1 hour with a 1 hour recovery time. Total depth of the well is 109 feet. Static water depth is 35 feet. (See Exhibit 6 for full well log) Park Maintenance The project developer will be responsible for the maintenance and care of the parks, trails and open space until 75% of the lots are sold. The developer shall warrant against defects in the initial improvements for a period of two years from the date of their written acceptance by the City of Bozeman. At that time, the maintenance shall become the responsibility of the Home Owners Association having been formed under the Covenants, Conditions and Restrictions of the Village Downtown Subdivision. The Home Owners shall be responsible for maintenance in perpetuity, or until such time as a park maintenance district, or some other mechanism, is created to maintain dedicated park land. The HOA Board of Directors will provide Waiver of Protest to the City of Bozeman upon its formation. At this time it is planned for the developer to contract out the park and open space maintenance functions. Maintenance duties may include; spring care, mowing, fertilizing, watering, and maintaining play equipment. Spring: Spring care will be as follows: as soon as the snow is gone and the grass is dry enough to walk on without compaction, remove leaves and winter debris with a broom- type rake. Power raking at 3-5 year intervals will be beneficial for heavily thatched lawns. Aerating will also alleviate compacted soil conditions and should be performed when necessary. Pruning of trees and shrubs shall occur in early spring before leaves emerge, except on maples and birch, which shall be pruned late July. Pruning shall be performed according to ISA standards to encourage good plant health, proper shape and branch angles, and to eliminate unwanted suckers. No topping of trees will be allowed. Mowing: Mowing will start in the spring as soon as new growth starts. Most lawns should be mowed at a 2” height in the spring, early summer and fall. During the heat of 224 8 summer raise the mower to 2.5”. Frequent mowing at 4-5 day intervals is essential to discourage weeds. Native grass areas are not intended to be mown, although they should be mowed to control weeds until grasses are established. Fertilizer: Fertilizer will be applied at regular intervals a minimum of three times per year to all turfgrass lawn areas. One pound of actual nitrogen per 1,000 sq.ft. will be used at each application. The first application will be applied in the spring when mowing for the first time, then six weeks later in early June and once in the late summer. Fertilizer will be applied to a dry lawn and then watered in after applying. A high nitrogen lawn food with approximately twice as much nitrogen as phosphorus and potassium should be used. Added iron is recommended for our area. Watering: Enough water will be applied at each watering to soak the soil down to the depth of the root system. To conserve water, the amount of water applied will vary with the amount of natural rainfall. Recommended is 1” of water per week. The turf will be allowed to dry out between watering. Native grass areas will not require watering. Weeds: Weed control will be the responsibility of the homeowners association. Weed control will consist of regular herbicide applications after final grade work has been completed and before seeding or sodding is to occur. Once turf areas are established, broadleaf weeds will be managed with a liquid application of 2,4-D. This broadleaf herbicide will be applied on a still day to a wet lawn when temperatures are above 70 degrees and the area will then not be watered for 2 days to follow. Native grass areas should be mowed to control weeds until the grasses are established. Broadleaf herbicides can also be used to aid in native grass establishment. Snow: Snow removal on paved walkways will be included in maintenance responsibilities. No snow removal will be provided on Class II trails. 225 9 LIST OF EXHIBITS 1. Parklands at Village Downtown Park – Landscape Plan a. L1 b. L2 2. Irrigation Plans a. I1 b. I2 3. Adjacent Property Ownership 4. Soil Survey 5. Preliminary Plat 6. Well Log 7. Cost Estimate of Park Improvements 226 10 Park Landscape Plans 227 11 228 12 229 13 Park Irrigation Plans 230 14 231 15 232 16 Adjoining Property Owners 233 17 234 18 235 19 236 20 237 21 Soil Survey 238 22 239 23 240 24 241 25 242 26 243 27 244 28 245 29 246 30 247 31 248 32 249 33 250 34 251 35 252 36 253 37 254 38 255 39 256 40 257 41 258 42 259 43 Plat 44 Well Log 261 45 Cost Estimate of Park Improvements 262 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA, MONTANA 59626-9705 REPLY TO ATTENTION OF Printed on Recycled Paper November 9, 2015 Regulatory Branch Montana State Program Corps File No. NWO-2015-01400-MTH Subject: Wetland Delineation Report – Wetlands Adjacent to Mill Creek Mike Delaney 101 East Main Street #D Bozeman, MT 59715 Dear Mr. Delaney: This letter is a follow up to our site visit on August 28, 2015. Based on field observations and information obtained through your most recent wetland delineation report dated July 31, 2015, we concur with the identified wetland boundaries that Ms. Lynn Bacon with TerraQuatic identified in her report. The identified wetland is located East of Interstate 90 and North of East Main Street, (Lat 45.680191, Long. -111.016215) in Bozeman Montana. Please contact me at (406) 441-1378 if you have any questions and reference Corps File Number NWO-2015-01400-MTH. Sincerely, Timothy M. McNew Regulatory Project Manager TerraQuatic, LLC C/O Lynn Bacon 614 West Lamme Street Bozeman, Montana 59715 263 1 TECHNICAL MEMORANDUM To: Mike and Ileana Delaney Delaney & Company 101 East Main Street, #D Bozeman, MT 59715 From: Lynn Bacon Senior Scientist, Principal TerraQuatic, LLC Date: October 7, 2014 Subject: Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation Technical Memorandum ________________________________________________________________________________ INTRODUCTION At the request of Delaney & Company, TerraQuatic, LLC completed the wetland and nonwetland waterway delineation within Delaney & Company property north and east of the Village Downtown on June 28, 2014 (Figure 1). The project site is located in the NW of Section 8, T2S, R6E. The northern-most tip of the project is in the NENENE quarter of Section 7, T2S, R6E. There is an active railroad track along the northeast boundary of the site and the central area of the City of Bozeman is along the southwest boundary; the project site is within the city limits. The delineation was also conducted within the railroad right-of-way (ROW); wetland and upland acreages include Delaney & Company property and railroad ROW areas. METHODS Wetlands were delineated using the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0) (U. S. Army Corps of Engineers [USACE] 2010). The 2013 National Wetland Plant List was used to determine vegetation indicator status rating (e.g. OBL: obligate; Lichvar 2013). Sample points (SP) were established within the wetland (WL) and adjacent upland (UPL), i.e. nonwetland area. At each sample point wetland indicator data were collected and analyzed using USACE wetland determination data forms. In general, an area qualifies as a wetland if a site exhibits positive wetland indicators for three parameters: vegetation, soils, and hydrology. The wetland function assessed using the MDT Montana Wetland Functional Assessment Method (Berglund and McEldowney, 2008). Category 1 wetlands are the highest functioning, where as a Category IV wetland has the lowest function. TerraQuatic, LLC 614 West Lamme Street Bozeman, MT 59715 264 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 2 Figure 1. Delaney & Company 2014 wetland and nonwetland waterway delineation boundary (red polygon). Active railroad tracks are immediately adjacent to the northeast side of property and I-90 is east and within visual distance of the property; the Bozeman city-center is along the southwest property boundary. Nonwetland waterways (NWW) are generally delineated by surveying or using aerial photography to draw the vegetation/open water boundary. These data are typically used to establish the length of the channel bed that would be disturbed during a proposed project and submitted as part of the Section 404 permitting process. The channel bed area is not included in the surrounding wetland acreage except during the assessment of wetland function. RESULTS Wetlands The Delaney & Company 2104 project site includes one large connected wetland area that has been separated into four distinct wetland community types on the basis of dominant vegetation composition (Exhibit 1, Appendix A). In lieu of lengthy verbal descriptions of each wetland indicator for each wetland area these descriptions have been included in Table 1. USACE data sheets are included in Appendix B. Photographs of the wetlands and nonwetland waterways are included in Appendix C. NRCS soil data are included in Appendix D. N 265 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 3 Table 1. Delaney & Company 2014 Wetland Delineation Summary, June 28, 2014. Wetland Acre(s) Connection or Adjacency1 HGM Classification2 Cowardin Type3 Wetland Function4 Category Fx Units Hydrologic Source Dominant Vegetation Species 1 1.24 connected to wetland system that is adjacent to an East Gallatin River tributary Depressional PEM1 III 1.7 Groundwater; precipitation events ladies thumb (Persecaria amphibia, FACW) spreading bent (Agrostis stolinifera, FAC) Nebraska sedge (Carex nebrascensis, OBL) 2 15.22 connected to an East Gallatin River tributary Riverine/ Depressional PEM1/ R2UB3 III 87.5 Groundwater; precipitation events Nebraska sedge Baltic rush (Juncus balticus, OBL) beaked sedge (Carex utriculata, OBL) broad-leaf cat-tail (Typha longifolia, OBL) spreading bent gray willow (Salix bebbiana, FACW) American wild mint (Mentha arvensis, FACW) Canada thistle (Cirsium canadensis, FAC) 3South6 3North 3a 1.9 4.30 6.23 connected to an East Gallatin River tributary Riverine/ Depressional PEM1/PSS1/ R2UB3 III 3South-11.6 3North-26.0 3a- 31.5 Drain or irrigation ditch water; groundwater; precipitation events Nebraska sedge beaked sedge broad-leaf cat-tail spreading bent gray willow American wild mint quaking aspen (planted5; Populous tremuloides, FACU) 4 4a 8.23 0.02 connected to an East Gallatin River tributary Riverine/ Depressional PEM1/PSS1/ PFO1/R2UB3 4-II 4a-III 4 - 64.6 4a - 0.1 Drain ditch or stormwater; groundwater; precipitation events speckled alder (Alnus incana, FACW) Nebraska sedge wooly sedge (Carex pellita, OBL) beaked sedge red-osier dogwood (Cornus sericea, FACW) broad-leaf cat-tail spreading bent gray willow large-leaf avens (Geum macrophyllum, FAC) TOTAL 37.14 223.0 UPLAND 10.43 1 The USACE and EPA make the final jurisdictional determination. 2 Hydrogeomorphic Classification; Smith et al.1995. 3 Cowardin et al., 1979 and USFWS 2012: PEM1-Palustrine Emergent, Persistent; PSS1-Paustrine Scrub-Shrub, Broad-leafed Deciduous; PFO1-Paustrine Forested, Broad-leafed Deciduous; R2-Riverine, Lower Perennial; UB3-Unconsolidated Bottom, Mud 4 Montana Department of Transportation functional assessment results: Category I is the highest functioning wetland and Category IV is the lowest; Functional Units (Fx) are calculated by multiplying total acreage of each wetland by the rating of each function and value variable (Berglund and McEldowney 2008). 5 These trees and shrubs were planted as a result of enhancement wetland mitigation in 2007, Permit No. 200390035. 6 Wetland-3 South and North refer to areas south and north of the old RR berm. 266 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 4 Total wetland acreage within the project boundary is 37.44 acres; wetland functional units (FU) total 223.0 FU (Tables 1 and 2); functional assessment forms are included in Appendix E. Wetland-4 is the most functionally valuable wetland within the project boundary, rating as a high Category II forested wetland. Table 2. Delaney & Company 2014 Wetland Functions and Values Ratings, June 2014 Function and Value Parameters1 Wetland 1 Wetland 2 Wetland 3 Wetland 3a Wetland 4 Wetland 4a Listed/Proposed T&E Species Habitat Low (0.0) Low (0.0) Low (0.0) Low (0.0) Low (0.0) Low (0.0) MT Natural Heritage Program Species Habitat Low (0.0) Low (0.1) Low (0.1) Low (0.1) Mod (0.6) Low (0.1) General Wildlife Habitat Low (0.1) Mod (0.5) Mod (0.5) Low (0.2) High (0.8) Mod (0.6) General Fish/Aquatic Habitat NA Low (0.3) Low (0.3) NA NA High (1.0) Flood Attenuation NA Low (0.2) Mod (0.6) Low (0.3) High (1.0) NA Short and Long Term Surface Water Storage Mod (0.4) High (0.9) High (0.8) High (0.8) High (0.8) High (0.8) Sediment/Nutrient/Toxicant Removal NA High (1.0) High (1.0) High (1.0) High (1.0) High (1.0) Sediment/Shoreline Stabilization NA High (1.0) High (1.0) High (1.0) High (1.0) High (1.0) Production Export/Food Chain Support Low (0.3) High (0.8) High (0.8) Mod (0.7) High (1.0) High (1.0) Groundwater Discharge/Recharge Mod (0.4) Mod (0.7) Mod (0.7) Mod (0.7) High (1.0) High (1.0) Uniqueness Low (0.1) Low (0.2) Low (0.2) Low (0.2) Mod (0.6) Mod (0.6) Recreation/Education Potential (Bonus) Low (0.05) Low (0.05) Low (0.05) Low (0.05) Low (0.05) Low 0.05 Actual Points / Possible Points 1.35 5.75/11 6.05/10 5.05/10 7.85 5.2/9 Total Acreage3 1.24 15.22 1.91-4.304 6.23 8.23 0.02 Functional Units (project site acreage x actual points) 1.7 87.5 11.6-26.04 31.5 64.6 0.1 % of Possible Score Achieved 19% 52% 61% 51% 79% 58% CATEGORY2 III III III III II III 1 MDT Montana Wetland Assessment Method (Berglund and McEldowney 2008); the complete forms are included in Appendix D. 2 A Category I wetland has the highest function and value parameters and a Category IV has the lowest. 3 See functional assessment forms for explanations regarding size of AA Actual wetland size will not be considered as it relates to FU until impacts are finalized. 4 WL-3 south of old RR berm is 1.91 acres and north of berm is 4.30 acres; total project FU includes both results. Wetland Cowardin types are: Wetland-1, palustrine emergent-persistent (PEM1); WL-2, PEM1/riverine, lower perennial (R2), unconsolidated bottom, mud (UB3); WL-3/3a, PEM1, palustrine scrub-shrub, broad-leafed deciduous (PSS1), R2UB3; and, WL-4/4a, PEM1, PSS1, palustrine forested, broad-leafed deciduous (PFO1), R2UB3. Nonwetland Waterways There are three nonwetland waterways (NWW) that occur within the same channel alignment (Table 3; Exhibits 1and 2, Appendix A). NWW-1 and 2 are located between the MDT and Delaney properties. The southwest end of the channel (NWW-1: 567 feet) is now considered a ditch since the MDT rerouted the stream through their mitigation site. The new MDT stream channel (NWW-2) enters the original ditched channel and flows northeast for approximately 189 feet where it enters a culvert under the active railroad tracks. NWW-3 is the Story Mill Ditch which flows through the western-most segments of WL-3 and under the dirt road to Simkin-Hallins lumber yard. The length of NWW-3 within these WL-3 areas is approximately 523 feet. 267 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 5 Table 3. Delaney & Company 2014 Nonwetland Waterway Delineation Summary, June 28, 2014. Nonwetland Waterway Linear Feet Connection or Adjacency1 Hydrologic Source 1 567 unnamed ditch connected to an East Gallatin River tributary originates south of highway from intermittent drainage east of Bozeman Deaconess Hospital and further south of Kagy Boulevard; groundwater; precipitation events 2 189 unnamed stream connected to the East Gallatin Groundwater; precipitation events 3 523 Story Mill Ditch; connects to East Gallatin River Irrigation water from Bozeman Creek; groundwater; precipitation events TOTAL 1,279 All of these channels would likely be considered jurisdictional by the USACE. However NWW-1 and NWW-3 may not be considered jurisdictional by the Gallatin County Conservation District because they are true ditches. These issues will be confirmed during the permitting stage of any future project development. Channels south of and between the old railroad berm and the NWW-1/NWW-2 system are man-made; some are historic and others were created in the last five years. All of the historic ditches were cleaned at the same time the new ditches were installed to eliminate ponding that had occurred as a result of beaver activity. Beaver had plugged the main culvert under the old railroad berm and had built several damns north of the berm. None of these drain ditches on the south side of the old railroad berm were assigned NWW labels. The culvert under the old berm conveys waster into the forested and scrub-shrub wetlands on the north side of the berm. Water flows through these wetlands in several directions and is not considered an official ditch or stream, but is acknowledged in the wetland functional assessments. Species of Concern A MNHP species of concern (SOC) report within a one-mile buffer of the project legal description and a U.S. Fish and Wildlife Service (USFWS) species occurrence by county list were reviewed prior to conducting field work (Appendix F; status definitions included). The MNHP report lists six state-listed SOC; only three of those species could potentially or do occur within the project site. The MNHP report includes no federally-listed threatened or endangered species, and no proposed or candidate species. However, the USFWS federally-listed species for Gallatin County includes seven species, only one of which is reviewed below. State-listed Species of Concern Three state-listed SOC that may or do occur within the project area include: Veery (SB3, Catharus fuscescens), Bobolink (S3B, Dolichonyx oryzivorus), and slender wedgegrass (S3S4, Sphenopholis intermedia). Veery have in fact been observed in the wetland area in 2010, but it is likely not a primary habitat. Bobolink were not observed in the wetland during intensive Audubon surveys in 2006, and are more likely to occur in drier meadows than this wetland complex. Slender wedgegrass was last reported in the general area in 1905, and no unusual grasses were noted in the wetlands during the field surveys, however a concerted effort to find the species was not conducted. 268 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 6 Federally-listed Species The threatened Ute ladies’ tresses (Spiranthes diluvialis) is the only federally-listed species that occurs in Beaverhead and Jefferson Counties (Lesica 2012); no Ute ladies’ tresses have been observed in the area of Bozeman and they were not observed during several site visits, though no official plant survey was conducted. SUMMARY TerraQuatic, LLC completed the wetland and nonwetland waterway delineation within the Delaney & Co. 2014 proposed project area on June 28, 2014. There are 37.14 acres of wetlands within the project area which include 16.46 acres of emergent, 12.43 acres of scrub-shrub, and 8.25 acres of forested wetland totaling 223.0 wetland functional units. There are three nonwetland waterways (NWW) within the project boundary totaling approximately 1,279 linear feet, 15% of which is a natural stream and 85% is irrigation or drain ditch. Drain ditches within the area south of the berm that were created or cleaned within the last 5 years were not included in total project linear channel footage. 269 Delaney & Company 2014 Wetland and Nonwetland Waterway Delineation October 7, 2014 7 REFERENCES Berglund, J. and R. McEldowney. 2008. MDT Montana Wetland Assessment Method. Prepared for Montana Department of Transportation, Helena, Montana. Post, Buckley, Schuh, & Jernigan, Helena, Montana. 42pp. Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. USDI Fish and Wildlife Service. Washington, D.C. Lesica, P. 2012. Manual of Montana Vascular Plants. B. Lipscomb (ed.), Botanical Research Institute of Texas, Fort Worth, Texas. Lichvar, R. W. 2013. National Wetland Plant List: 2013 Wetland Ratings. Phytoneuron 2013-49:1-241. July 17, 2013. ISSN 2153 733X. Montana Natural Heritage Program (MNHP). 2014. Delaney 2014. Montana Species of Concern, July 24, 2014. Natural Resource Conservation Service (NRCS). 2014. Soil Survey, Hydric Rating by Map Unit. http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx , site accessed August 2014. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), ed. J.S. Wakely, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Fish and Wildlife Service. 2012. Wetlands and Deepwater Habitats Mapping Codes, http://www.fws.gov/wetlands/Documents/Wetlands-and-Deepwater-Habitats-Mapping-Codes.pdf , site accessed July 2014. 270 APPENDIX A ________________________________________________________________________________ Wetland and Nonwetland Delineation Maps ________________________________________________________________________________ 271 272 273 APPENDIX B ________________________________________________________________________________ USACE Wetland Determination Data Forms ________________________________________________________________________________ 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 APPENDIX C ________________________________________________________________________________ Delineation Photographs ________________________________________________________________________________ 293 NOTE: Wetlands are labeled as “south” or “north” in reference to their location south or north of the old railroad (RR) berm. Photo 1. Wetland- 1 (south), emergent wetland, shrubs to right and left in photo are not included in WL-1 boundary; view east. Photo 2. Wetland- 2 (south, SP-3), emergent wetland, northwest side of wetland; view southeast. This area of wetland is primarily comprised of creeping meadow-foxtail. Photo 3. Wetland-2 (south), emergent wetland, within mound areas that are not included in scrub-shrub wetland area (WL-3a); view south. Photo 4. Wetland-2 (south), emergent wetland, within mound areas that are not included in scrub-shrub wetland area (WL-3) and Yellow-headed Blackbird; view west. Photo 5. Wetland-3a (south), scrub-shrub wetland, regenerating after beaver flooding drowned many of the shrubs; view north. Photo 6. Wetland-3a (south), regenerating scrub-shrub wetland between mounds; view north. 294 Photo 7. Wetland -3a (south), along drain ditch at the base of the slope along the west side. Shrubs along this ditch and the one at the base of the old RR berm are more mature than those in the central area of the south wetland; view north. Photo 8. Wetland-3 (north), near railroad tracks; view east. Channel is Story Mill Ditch (NWW-3), flowing north (up in photo). Photo 9. Wetland-3a (north), behind Simkins-Hallin Lumber Co., old railroad track to left beyond photo, fresh fill noted in wetland (not the result of Delaney & Co. action); view northwest. Photo 10. Wetland-3a (north), opposite side of road from wetland segment depicted in Photo 9, segment of RR tracks behind photographer, beyond which is wetland segment depitcted in Photo 8; view northwest. Story Mill Ditch (NWW-3) flows through culvert to the north (right). Photo 11. Wetland-4 (north), forested wetland on photo right. Small aspen (<20 feet tall) in upper center-left are the result of wetland enhancement mitigation in established in 2007 (WL-3a), and emergent WL-1 is to left of these planted trees; view northeast. Photo 12. West end of NWW-1; view northwest. 295 Photo 13. East end of NWW-1; view northwest. Photo 14. Confluence of NWW-1 (flowing right to left from right photo corner) and NWW-2 (flowing into center from upper right). NWW-2 flows out of photo in lower left. [Photo view southwest.] 296 APPENDIX D ________________________________________________________________________________ NRCS Soil Report ________________________________________________________________________________ 297 298 299 300 301 APPENDIX E ________________________________________________________________________________ Functional Assessments ________________________________________________________________________________ 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 APPENDIX F ________________________________________________________________________________ MNHP Report and USFWS TES by County Listing ________________________________________________________________________________ 339 340 341 342 343 344 345 STATE Rank Definition G1 S1 At high risk because of extremely limited and/or rapidly declining population numbers, range and/or habitat, making it highly vulnerable to global extinction or extirpation in the state. G2 S2 At risk because of very limited and/or potentially declining population numbers, range and/or habitat, making it vulnerable to global extinction or extirpation in the state. G3 S3 Potentially at risk because of limited and/or declining numbers, range and/or habitat, even though it may be abundant in some areas. G4 S4 Apparently secure, though it may be quite rare in parts of its range, and/or suspected to be declining. G5 S5 Common, widespread, and abundant (although it may be rare in parts of its range). Not vulnerable in most of its range. GX SX Presumed Extinct or Extirpated - Species is believed to be extinct throughout its range or extirpated in Montana. Not located despite intensive searches of historical sites and other appropriate habitat, and small likelihood that it will ever be rediscovered. GH SH Historical, known only from records usually 40 or more years old; may be rediscovered. GNR SNR Not Ranked as of yet. GU SU Unrankable - Species currently unrankable due to lack of information or due to substantially conflicting information about status or trends. GNA SNA A conservation status rank is not applicable for one of the following reasons: 1) The taxa is of Hybrid Origin; is Exotic or Introduced; is Accidental or 2) is Not Confidently Present in the state. (see other codes below) 346 Combination or Range Ranks G#G# or S#S# Indicates a range of uncertainty about the status of the species. e.g. G1G3 = Global Rank ranges between G1 and G3 inclusive Sub-rank T# Rank of a subspecies or variety. Appended to the global rank of the full species, e.g. G4T3 Qualifiers Q Questionable taxonomy that may reduce conservation priority-Distinctiveness of this entity as a taxon at the current level is questionable; resolution of this uncertainty may result in change from a species to a subspecies or hybrid, or inclusion of this taxon in another taxon, with the resulting taxon having a lower- priority (numerically higher) conservation status rank. Appended to the global rank, e.g. G3Q ? Inexact Numeric Rank - Denotes uncertainty; inexactness. A Accidental - Species is accidental or casual in Montana, in other words, infrequent and outside usual range. Includes species (usually birds or butterflies) recorded once or only a few times at a location. A few of these species may have bred on the few occasions they were recorded. B Breeding - Rank refers to the breeding population of the species in Montana. Appended to the state rank, e.g. S2B,S5N = At risk during breeding season, but common in the winter N Nonbreeding - Rank refers to the non-breeding population of the species in Montana. Appended to the state rank, e.g. S5B,S2N = Common during breeding season, but at risk in the winter M Migratory - Species occurs in Montana only during migration. Federal Status Designations in this column reflect the status of a species under the U.S. Endangered Species Act (ESA), or as “sensitive” by the U.S. Forest Service (USFS) or Bureau of Land Management (BLM). U.S. Fish and Wildlife Service (Endangered Species Act) Status, if any, of a taxon under the federal Endangered Species Act of 1973 (16 U.S.C.A. § 1531-1543 (Supp. 1996)) is noted. Designation Descriptions LE Listed endangered: Any species in danger of extinction throughout all or a significant portion of its range (16 U.S.C. 1532(6)). LT Listed threatened: Any species likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (16 U.S.C. 1532(20)). C Candidate: Those taxa for which sufficient information on biological status and threats exists to propose to list them as threatened or endangered. We encourage their consideration in environmental planning and partnerships; however, none of the substantive or procedural provisions of the Act apply to candidate species. DM Recovered, delisted, and being monitored - Any previously listed species that is now recovered, has been delisted, and is being monitored. NL Not listed - No designation. XE Experimental - Essential population - An experimental population whose loss would be likely to appreciably reduce the likelihood of the survival of the species in the wild. XN Experimental - Nonessential population - An experimental population of a listed species reintroduced into a specific area that receives more flexible management under the Act. CH Critical Habitat - The specific areas (i) within the geographic area occupied by a species, at the time it is listed, on which are found those physical or biological features (I) essential to conserve the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by the species at the time it is listed upon determination that such areas are essential to conserve the species. PS Partial status - status in only a portion of the species' range. Typically indicated in a "full" species record where an infraspecific taxon or population, that has a record in the database has USESA status, but the entire species does not. 347 PS:value Partial status - status in only a portion of the species' range. The value of that status appears in parentheses because the entity with status is not recognized as a valid taxon by Central Sciences (usually a population defined by geopolitical boundaries or defined administratively, such as experimental populations.) For example, Yellow-billed Cuckoo (Coccyzus americanus) is ranked PS:C. Partial Status - Candidate. Designated as a Candidate in the Western U.S. Distinct Population Segment (DPS) (subspecies occidentalis) BGEPA The Bald and Golden Eagle Protection Act of 1940 (BGEPA) - (16 U.S.C. 668-668c) prohibits anyone, without a permit issued by the Secretary of the Interior, from taking bald or golden eagles, including their parts, nests, or eggs. The BGEPA provides criminal and civil penalties for persons who take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof. The BGEPA defines take as pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb. "Disturb" means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. In addition to immediate impacts, this definition also covers impacts that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or substantially interferes with normal breeding, feeding, or sheltering habits and causes, or is likely to cause, a loss of productivity or nest abandonment. MBTA The Migratory Bird Treaty Act (MBTA) - (16 U.S.C. §§ 703-712, July 3, 1918, as amended 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989) implements four treaties that provide for international protection of migratory birds. The statute’s language is clear that actions resulting in a "taking" or possession (permanent or temporary) of a protected species, in the absence of a U.S. Fish and Wildlife Service (USFWS) permit or regulatory authorization, are a violation of the MBTA. The MBTA states, "Unless and except as permitted by regulations ... it shall be unlawful at any time, by any means, or in any manner to pursue, hunt, take, capture, kill ... possess, offer for sale, sell ... purchase ... ship, export, import ... transport or cause to be transported ... any migratory bird, any part, nest, or eggs of any such bird .... [The Act] prohibits the taking, killing, possession, transportation, import and export of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior." The word "take" is defined by regulation as "to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect." The USFWS maintains a list of species protected by the MBTA at 50 CFR 10.13. This list includes over one thousand species of migratory birds, including eagles and other raptors, waterfowl, shorebirds, seabirds, wading birds, and passerines. The USFWS also maintains alist of species not protected by the MBTA. MBTA does not protect species that are not native to the United States or species groups not explicitly covered under the MBTA; these include species such as the house (English) sparrow, European starling, rock dove (pigeon), Eurasian collared-dove, and non-migratory upland game birds. BCC The 1988 amendment to the Fish and Wildlife Conservation Act mandates the U.S. Fish and Wildlife Service to identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act. Birds of Conservation Concern 2008 (BCC 2008) is the most recent effort to carry out this mandate. The overall goal of this report is to accurately identify the migratory and non-migratory bird species (beyond those already designated as federally threatened or endangered) that represent the Service's highest conservation priorities. 348 _____________________________________________________________________________________________ 1 June 1, 2018 Tim McNew US Army Corps of Engineers Helena Regulatory Office 10 West 15th Street, Suite 2200 Helena, MT 59626 RE: The Village Investment Group Parklands at Village Downtown Section 404 Application Addendum (Corps No. NWO-2015-01400) ______________________________________________________________________________ Dear Tim, Enclosed is a Section 404 Addendum Application for the Parklands at Village Downtown (NWNW Section 8, T2S, R6E). The proposed project is located on the north side of the historic railroad berm. In 2015, you visited this wetland with an EPA Specialist and verified the wetland delineation boundaries. The wetland report is currently in the COE files and is not enclosed with this application. Proposed wetland impacts total 2.91 acres: 1.09 ac PEM (WL-1), 1.25 ac PSS (WL-3), and 0.50 ac PFO (WL-4). Project impacts were minimized after the initial design from 3.97 acres to 2.91 acres; impacts to PSS and PFO resources were decreased approximately 30 and 60 percent, respectively. The proposed Front Street Extension crosses a drainage channel (55 LF) within the PFO wetland feature. This drainage ditch feature was not identified during the 2015 delineation, as it is deep within the forested wetland and escaped my attention. I would like to review this feature with you during your site visit to see if it warrants mitigation or if it is just a braided, slow moving drainage system that does not qualify as a stream channel (please bring mud boots). For your information, the Gallatin County Conservation district does not consider this feature jurisdictional; i.e. impacts to the feature would not require a MT 310 Permit. The Village Investment Group has pre-purchased 3.5 acres of wetland credit from the Upper Missouri Mitigation Bank; the proof of purchase document is enclosed for your review. We anticipate that the COE will analyze the application and determine final mitigation credit requirements. Also, please let me know if the COE will send the application directly to the MTDEQ for 401 Certification or it we should apply directly for the certification. Please contact me if you have any questions regarding this application and to schedule a site visit: (406) 580-6993 or lbacon@terraquaticllc.com. Thank you for your time and attention. Sincerely, Lynn M. Bacon, PWS/Wildlife Biologist Principal TerraQuatic, LLC 349 ΔΔΔ Δ ℄℄350 351 352 353 354 355 356 357 358 359 360 361 362 363