HomeMy WebLinkAbout19319 DRC Memo and CommentsPage 1 of 7 September 20, 2019 Thomas W. Murphy 1450 Cherry Drive Bozeman, MT 59715
RE: Bridger Meadows PUD Concept Review, Application 19319
Bridger Meadows Pre-Application Major Subdivision, Application 18574
Project Description: This is a Conceptual Review application for advice and comments on a proposed Planned Unit Development and Major Subdivision for a 27 single-family residential lots. The property is zoned R-1.
Project Location: 185 Endurance Lane, S31, T01 S, R06 E, C.O.S. 885, Tract NW4SE4 12AC. We hope that these notes and suggestions assist you with the design and review of this potential future project. Please note that comments are preliminary and based on information provided. While we attempt to identify as many issues as we can during an informal review, please keep in mind that there may be other issues that arise during the formal review. A concept plan submittal does not include all required information for formal review and comments are therefore generalized. We appreciate your patience in the review process. All references below to Sections of the Bozeman Municipal Code. If you have any questions or concerns, please do not hesitate to contact me at 406-582-2260.
Per section 38.230.090 plan review procedures, the primary focus of conceptual review is to identify site specific challenges and/or constraints to critical path elements which will affect review process or submittal requirements. Staff has NOT performed an exhaustive review. Full review occurs with the formal application. Further development and site analysis of this proposed project for completion of the formal submittal is the responsibility of the Design Professional. Additional comments may arise with submittal of new information or changes to the development. Regards, Sarah Rosenberg, AICP Associate Planner c: file
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All references are to the Bozeman Municipal Code (BMC).
Planning Division; Sarah Rosenberg, srosenberg@bozeman.net
General Comments: 1. Both of these applications require substantial revisions prior to submitting an application for Preliminary Plat and Preliminary Plan review for the PUD. To avoid the effort of an entirely new concept PUD and subdivision preapplicaiton, the revisions can be submitted as Revisions and Corrections for to the existing applications. Should you prefer to submit entirely new concept PUD and subdivision preapplications that is acceptable. 2. The Links Condo Association brought to the City of Bozeman’s attention that the access through the Links could only be provided as a secondary, emergency access to the property. The proposed access through the Links is a primary entrance which we have been informed would not be granted by the Links. Unless a document exists that grants a perpetual easement as a primary access, this access point cannot be supported as a primary access. If such a document exists, please provide a copy of it to the City and demonstrate that the two who signed the document owned the properties where the easement is located at the time of the grant and that they need to show evidence that the City accepted it. Per State Statute, 76-3-608 (3)(d), the subdivision must have legal and physical access to each parcel. Without the access through the Links, the only legal and physical access available is from Commercial Drive. Resolution of this issue is essential prior to finalizing a design and submitting any formal application to the City. 3. Label digital exhibits with sheet/report titles (i.e. site plan, overall plan, detail of curb cut) 4. A Site Plan was approved on the property to the east (16374 The Links Site Plan) that has a duplex located in the proposed path of the extended road to the subdivision. A modification to the site plan is required to remove the duplex prior to any approval of a subdivision. As of the date of this letter, the needed modification has not been completed. Until it is completed the access shown on the concept PUD cannot be put in place. Signature from the property owner or condo association of the Links on the modification application is required. 5. The Concept PUD is required to go to the Design Review Board per Section 38.430.040.A.1. The DRB will review this project on Wednesday, October 9 at 5:30pm in the City Commission Chambers at City Hall.
PUD Comments: 1. The list of proposed relaxations is confusing to understand what specifically is being requested. The City must be able to clearly describe the nature, scope, and
Page 3 of 7 consequences of the requested relaxations in the required public notices and review documents. To do so we must have a clear and accurate application. Reference each relaxation to SPECIFIC code section and separate by individual request. For example, within the access section, there should be separate relaxations based on each individual standard that is not being met. It is unclear the extent of the relaxations that are being requested. If relaxations are only applicable to some lots or elements in the project the application must specifically identify those lots or elements. Additionally, include the relaxations for parkland and affordable housing within the list of proposed relaxations section. 2. Please reference how the PUD performance points are met and how the proposed relaxations from the code as described in 38.430.090.E.2 have made the development superior to that produced by the existing standards of the code. 3. Please carefully review 38.430.030.A.4 which describes the special conditions of a PUD and address for each relaxation how the following standard is met: “The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter” It needs to be shown that this development provides a superior outcome than a typical development. As the project stands, this does not appear to provide a superior opportunity in design. Use the questions in this section to guide development and reference them within the narrative.
4. Proposed Relaxations: Some relaxations listed below are relaxations that were not included in the narrative but would need a request. The request for relaxations does not clearly demonstrate how the PUD provides a superior outcome, therefore, at this time, staff is not in support of any of these relaxations. Expand the supporting materials included with your application in support of each request. a) Section 38.400.010.A.5. Allow a cul-de-sac at a street that is longer than 150 feet. b) Section 38.400.020.A.2. Allow for the access road to be less than 60 feet wide. c) Section 38.410.060.B. Block length relaxation from 400-foot maximum. d) Section 38.570.030. Street lighting i) This is not a relaxation request, but needs to be part of the waiver request of the pre-application e) Section 38.410.020. Neighborhood Centers f) Section 38.400.080. Relaxation from requirement to have sidewalk on both sides of the street. g) Section 38.380.070. Pricing of affordable homes – Allow for the AMI for a two bedroom unit to be used for a three person household i) No longer required to be a relaxation based on ordinance update
Page 4 of 7 h) Section 38.380.130. Allow for incentives for lower-priced homes to be available for homes priced at 80% AMI. i) Section 38.420.020. Allow wetlands to be designated as parkland i) Would require recommendation for approval from the Recreation Parks Advisory Board j) Section 38.410.100. Allow for encroachment into the watercourse setback. k) Section 38.420.060. Reduction of parkland frontage requirements. i) Would require recommendation for approval from the Recreation Parks Advisory Board 5. A relaxation will be required for density requirements since it is based on net density which is the buildable unit of land. R-1 density requirements are not met. Since multiple lots are located within the floodplain, they should be eliminated as staff would not be in support of creating buildable lots within the floodplain. 6. Park special district waiver will be required with final PUD submittal. 7. As a planned unit development, 23 landscaping points are required. Staff suggests consideration of drought tolerant, native, or non-vegetative options. 8. It appears that Lots 22-24 will be attached townhouses. In the R-1 zone district, only two attached units are permitted as long as they satisfy affordable housing requirements. Three or more units are not allowed in the R-1 zone district per Section 38.310.030.A. A relaxation for use would be required. 9. Section 38.430.070.D.2. Ensure that the PUD Development Guidelines adhere to this section.
Subdivision Comments: 1. Section 38.220.060. Waivers must be requested in the pre-application phase. Some were included in the PUD submittal as relaxation requests, however, that is not the case how they are reviewed. List all of the preliminary plat supplements and which ones that you are seeking to waive. Keep in preliminary plat application, not within the PUD application. 2. The watercourse setback needs to be shown on the plat. 3. Section 38.220.030. Wildlife information was not provided as part of the application.
Division Comments: 1. Engineering Division, Anna Russell, arussell@bozeman.net, 406-582-2281
a. See attached comments dated September 10, 2019 2. Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2353 a. Need 96 foot radius turn around
Page 5 of 7 b. Houses will need to be sprinkled 3. Parks and Recreation, Addi Jadin, ajadin@bozeman.net, 406-582-2908 4. NorthWestern Energy, Cammy Dooley, cammy.dooley@northwestern.com a. The municipal water and sewer easement on the northern portion of the project is not acceptable for other utilities. 5. Floodplain Engineer, Brian Heaston, bheaston@bozeman.net a. See attached comments dated August 15, 2019
Standard Code Provisions: The preliminary plat must comply with the standards identified and referenced in the Unified Development Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and must be addressed with the preliminary plat application. Other standard code provisions may apply: 1. The preliminary plat shall conform to all requirements of the Unified Development Code of the Bozeman Municipal Code, and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). 2. Section 38.240.410 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application. 3. Per Section 38.240.420, BMC - Mortgagee. If there are liens or mortgages against the property the appropriate Mortgagee certificate must be included. 4. Section 38.240.050, BMC - Disposition of Water Rights. Water rights, or cash in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 5. Section 38.410.050, BMC - Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. All easements must be described, dimensioned and shown on the final plat in their true and correct location. 6. Section 38.410.080.G Finish Grade. All finish grades in landscaped areas must comply with the provisions set forth in Section 38.26.050.L.
Page 6 of 7 7. Section 38.410.080.H Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope. 8. Section 38.570.030 Lighting. If street lighting is proposed or required all lighting must comply with the requirements of Section 38.570.030, BMC. 9. Section 38.420.090, BMC - Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. 10. Section 38.240.450, BMC - Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 11. Section 38.220.050 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, must be submitted with the preliminary plat. 12. Article 6. The certificates listed in Section 38.240.400 through 38.240.530 shall be shown on plat and certificates of survey, as appropriate. 13. Article 41. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. 14. Section 38.240.050, BMC –Subdivision pre-application plan. The plans must clearly show the subdivision layout and not only describe but also label all existing and proposed subdivision blocks, tracts, and lots. 15. A complete preliminary plat application shall be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail. These Divisions did not provide or have no comment. Please contact reviewers directly with specific questions.
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1. Solid Waste Division, Russ Ward, rward@bozeman.net, 406-582-3235
2. Building Division, Bob Risk, brisk@bozeman.net, 406-582-2377
3. Sustainability Division, Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
4. Water Conservation, Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265
5. Stormwater Division, Kyle Mehrens, jkmehrens@bozeman.net, 406-582-2270
6. Forestry Division, Alex Nordquest, anordquest@bozeman.net, 406-582-3225
7. Water and Sewer Division, John Alston, jalston@bozeman.net, 406-582-3200
MEMORANDUM ------------------------------------------------------------------------------------------------------------
TO: SARAH ROSENBERG, PLANNER II
FROM: ANNA RUSSELL, ENGINEER II
RE: BRIDGER MEADOWS PUD & PRE-APP
APPLICATION NO. 19319
DATE: SEPTEMBER 10, 2019 ----------------------------------------------------------------------------------------------------------- Engineering Comments:
1. The current dead-end drive section for the Links Condominiums shown in Figure 1 will be supported by Engineering through a PUD. However, the following requirements will need to be satisfied: a. The existing sidewalk located south of the private drive will need to remain.
b. The existing pedestrian site connectivity will need to be preserved via crosswalks, etc. 2. Figure 1 shows the proposed primary drive access connecting to Bridie Drive via the Links Condominiums private drive. To be considered either a primary or secondary
public access, the applicant will need to provide a public access easement for the existing private drive. The easement will need to be 44 feet wide to include the existing 42 foot section plus one foot to either side of the sidewalk and curb and gutter. If an easement exists, the applicant must submit it with the application.
3. Due to the atypical street section of the existing drive for the Bridger Creek Phase I Subdivision (shown as Figure 1 from station 21+71.16 to Birdie Drive), the proposed street will be a private street maintained by an HOA. A joint maintenance agreement between the Bridger Meadows and The Bridger Creek Phase 1 Subdivisions will be required.
4. The proposed street section provided in Figure 2 shows a single sidewalk on the north side of Shady Glen Lane. Given that the proposed development has residential homes on both the north and south sides of the development, sidewalks will be required on both sides of the street. Sidewalks are required to provide pedestrian connectivity throughout
the development on either side of the street.
5. The proposed Shady Glen Lane for this project will be a private drive, not a public street,
maintained by the HOA due to the fact that the connecting proposed section through the
Bridger Creek Phase 1 Subdivision is not a standard City street section and will be dedicated as a private street. 6. Perpendicular parking, as shown on Figure 1, will not be allowed off Shady Glen Lane
for public safety. All parking should be angled or parallel, with angled parking being
front forward parking only. 7. The proposed secondary access is adjacent to an existing 60 foot wide public access and utility easement and will require a standard local street connection. However, the City is
willing to consider decreasing the boulevard width to 4 feet on both sides of the street to
allow for space between the proposed street and existing buildings. Therefore, the total street cross section with 1 feet of space outside of the sidewalks is 51 feet. Contact Engineering for dimensions of sidewalk, boulevard, parking, and drive lanes. No gate will be allowed across the local street.
8. Extend the existing 60’ wide Access and Utility easement from Commercial Drive (Secondary Access) to the proposed Shady Glen Lane. Include 10 foot utility easements on each side of the road. 9. Exhibit 6, shows an existing 30 foot Public Utility Easement that extends from Boylan
Road to the proposed Shady Glen Lane. Provide a 60 foot Public Access and Utility easement centered on the existing 30 foot Public Utility from the proposed Shady Glen Lane to the edge of the Bridger Meadows property boundary. Install a typical local street section in this easement including boulevards and sidewalks on both sides with a City standard dead-end barricade at the property boundary.
10. Show where electric, gas and communication utilities will come from. Note that no dry utilities can be installed in the existing 30 foot Pedestrian Access and Utility easement. 11. The Engineer has not provided sufficient information regarding onsite post-construction
stormwater Best Management Practices (BMPs). The Stormwater Division encourages
the Engineer to review the Montana Post-Construction Storm Water BMP Design
Guidance Manual (Manual) available at www.bozeman.net/stormwater. The Manual
provides detailed information regarding innovative, space saving, and aesthetically
pleasing industry standard practices capable of meeting the City’s stormwater runoff and
treatment requirements, including bioretention, permeable pavement/pavers, extended
detention, and infiltration basins. Please contact the City’s Stormwater Division at
(406)582-2270 or kmehrens@bozeman.net with questions.
12. A Phase 1 Environmental Assessment will be required on the existing pond. The City
believes that past use of the property was industrial in nature and want to ensure that no contaminants or pollutants remain. A Phase 2 Environmental Assessment may be warranted depending on what the Phase 1 report returns.
13. The applicant is advised to review BMC Section 38.610.060.A for prohibited activities
within a wetland. The Park area specifically may be impacted by these regulations. 14. BMC Section 38.410.080.D requires a private lot for stormwater ponds serving multiple lots; a separate lot is required for a detention pond.
15. The preliminary plat or preliminary PUD application must include a floodplain section
containing exhibit(s) that show the following:
1) Sec. 38.600.100 – The boundaries of the 100-year floodway. 2) Sec. 38.600.100 – The exact location of the floodplain boundary must be determined where the base flood elevation intersects natural ground.
3) Sec. 38.600.030 – The 100-year floodplain and floodway boundary as shown on the
official FEMA FIRMs for the area, 30031C0808D and 30031C0809D. Contact City of Bozeman Floodplain Administrator for official shapefiles. 4) If floodplain fill is proposed, provide a proposed grading and drainage plan showing the location of the proposed fill and then perform a proposed floodplain boundary
delineation which compares the BFE against proposed finished grade.
5) If floodplain fill is proposed, provide a proposed building schematic section indicating how the Floodplain Code Provision ‘E’ below will be satisfied. The building schematic section must be approved prior to final PUD plan and/or or final plat approval and be included in the subdivision covenants.
6) Lowest floor elevation (including basement or crawl space) shall be denoted on each
proposed parcel. 16. BMC Section 38.600.080 – The applicant is advised that no structure or land use may be located, extended, converted, or structurally altered without full compliance with the
provisions of this chapter (38 – Unified Development Code), these specific regulations
(Floodplain Regulations) and other applicable regulations (governing federal and state regulations concerning floodplain development). 17. BMC Section 38.600.090.A – The applicant is advised that the City Floodplain
Administrator interprets this provision to mean that newly created fee lots created for the
purpose of future building development shall not be located within the 100-yr floodplain. 18. BMC Section 38.41.100.A.2.c(4)(a) – The watercourse setback for the East Gallatin River must extend to the edge of the delineated 100-yr floodplain.
19. BMC Section 38.600.260.A.3 – Should a PUD relaxation be granted to place fill within
the watercourse setback, the fill must be constructed to an elevation such that the lowest floor elevation (including basement or crawl space) of any future building is two feet or more above the base flood elevation.
20. NFIP Procedural Items
i) Should a PUD relaxation be granted by the approval authority to place fill within the watercourse setback, the applicant is advised that prior to preliminary plat or preliminary PUD approval, it will be required to obtain approval of a Conditional Letter of Map Revision Based on Fill (CLOMR-F) from FEMA. The CLOMR-F
will be a condition of approval for obtaining a City of Bozeman Floodplain
Permit for the project. ii) Should a CLOMR-F be approved by FEMA, the applicant shall as part of its required subdivision improvements place fill in conformance with the approved CLOMR-F.
iii) Prior to final plat or final PUD approval, a Letter of Map Revision Based on Fill
(LOMR-F) shall be approved by FEMA. The location of the floodplain boundary as approved by FEMA in the LOMR-F shall be depicted upon the final plat and final PUD plan.
1
Sarah Rosenberg
From:Brian Heaston
Sent:Thursday, August 15, 2019 1:30 PM
To:Lance Lehigh; Sarah Rosenberg; Anna Russell
Cc:Martin Matsen; Shawn Kohtz
Subject:Bridger Meadows PUDC and PrePlat Floodplain Comments
The floodplain comments contained in memorandum from Anna Russell to Sarah Rosenberg, dated January 18, 2019,
remain applicable in full. Please refer that memo to the applicant, yet again.
Following are comments upon review of the application materials. These are not exhaustive, but representative of the
major issues with the application at this point from a Floodplain perspective. I reserve the right to provide additional
comment at a later date.
‐ The applicant fundamentally misunderstands the watercourse setback and PUD relaxation process. It chose to
ignore the Pre‐Application comment no. 15 contained in Memo from Anna Russell to Sarah Rosenberg, dated
January 18, 2019. The applicant has not requested a relaxation to place fill within the watercourse
setback. There are two options moving forward: 1) lay out the subdivision such that all improvements comply
with the watercourse setback requirements; 2) Request the relaxation from the watercourse setback to allow
the placement of fill within the setback. Should option 2 be exercised, the applicant must, prior to preliminary
PUD approval and/or Preliminary Plat approval, obtain a conditional letter of map revision based on fill (CLOMR‐
F) from FEMA. In practice, this means that the approved CLOMR‐F must be contained within the preliminary
plat and/or preliminary PUD applications for them to be considered adequate for review. The fill, conforming to
the CLOMR‐F if approved, will be a required subdivision improvement. Prior to Final PUD approval and/or Final
Plat approval a letter of map revision based on fill (LOMR‐F) must be obtained. The final plat and final PUD plan
shall depict the location of the FEMA floodplain reflecting the LOMR‐F approval.
‐ The applicant must request a relaxation from the wetland setback code, and that relaxation must be granted, to
allow the placement of fill on Lots 6 and 7.
‐ The applicant desires to plat Lots 5 and 6 which contain a designated floodway mapped by FEMA. New
structures are prohibited to be constructed in the floodway pursuant to the City’s floodplain regulations (Sec.
38.600.240.A.1 BMC). Creating fee lots for sale purposed for residential construction with a prohibition to build
is senseless. The applicant has three options for platting in this area: 1) plat this area as parkland, 2) Plat this
area as a Remainder parcel subject to further subdivision review; 3) prior to preliminary plat and/or preliminary
PUD approval, obtain CLOMR‐F approval from FEMA to place fill within the Floodway, then as a subdivision
improvement complete the placement of fill pursuant to the approved CLOMR‐F, if received, and obtain a
LOMR‐F prior to final plat approval and/or final PUD approval.
The applicant has failed to demonstrate how its proposed PUD plan benefits the community at‐large instead of the
applicant itself. The environmental impacts and life safety considerations related to the relaxations requested must be
balanced against a greater community benefit that would not otherwise exist if it weren’t for the PUD application.
Brian Heaston, PE
Senior Engineer
City of Bozeman - Engineering
20 E. Olive St.
P.O. Box 1230
Bozeman, MT 59771
(406) 582-2280
2
bheaston@bozeman.net