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HomeMy WebLinkAboutResponse to DRC 2 Comments 04-24-2020 1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com Civil/Structural Engineering and Surveying April 23, 2020 Sarah Rosenberg City of Bozeman Planning Department 20 E. Olive Street Bozeman, MT 59718 RE: Response to DRC 2 Comments – Norton East Ranch Subdivision, Phase 5 DRC Comments (#18278) Dear Ms. Rosenberg: This letter is to provide a narrative response to the DRC comments from November 5, 2019: Section 2 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 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. Applicant Response: Acknowledged 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. Applicant Response: Acknowledged Civil/Structural Engineering and Surveying 3. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Applicant Response: Acknowledged 4. Any public access easement for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. Applicant Response: Acknowledged 5. Per Section 38.220.070.A.2, prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the county weed control district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. Applicant Response: A signed copy of the Noxious Weed Management Plan is included in Section 3 of this Revisions and Corrections submittal. The memorandum of understanding, signed by the county weed control district and applicant will be provided with the application for final plat approval. 6. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. Applicant Response: Acknowledged 7. Per Code Section 38.350.060 fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. This must be added as a note listed on the plat. Properties on Block 21, Lot 1-8 are affected by this code requirement. Applicant Response: This code provision is added to the preliminary plat as note 11 on sheet 3 of 3. Civil/Structural Engineering and Surveying 8. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted with final plat to be recorded after approval. Applicant Response: Acknowledged 9. A note indicating that park maintenance is the responsibility of HOA until such time that Park and Trail District or other funding mechanism is in place should be placed on Final Plat Condition of Approval Sheet. Applicant Response: This note is added to the preliminary plat as note 12 on sheet 3 of 3. 10. Waiver of right to protest creation of a park maintenance district is required at Final Plat Applicant Response: Acknowledged 11. Park easement throughout Phase 5 is required with the approval of Phase 1. Applicant Response: Acknowledged. This document will be provided for review and approval with the first final plat submittal. 12. Parkland compliance per subphase of Phase 5 must also be shown in the Parkland Tracking Table. Applicant Response: The Parkland Tracking Table is provided on sheet 3 of 3 of the preliminary plat and with the Norton Ranch Subdivision, Phase 5 Park Master Plan. It shows the phase by phase compliance per subphase of Phase 5. Section 3 – REQUIRED CODE CORRECTIONS All references are to the Bozeman Municipal Code. Planning Division, Sarah Rosenberg, srosenberg@bozeman.net, 406-582-2297 1. The phasing line between Phase 5B and 5E needs to be adjusted so the entirety of Lot 3 in Block 26 is within one phase. Applicant Response: The phase line between phase 5B and 5D is adjusted on the preliminary plat to include lot 3 of block 26 in phase 5D. 2. Per Sec. 38.270.030, the subdivider must meet one of the requirements for completion of street improvements, the option must be specified in the preliminary plat submittal. The phasing plan need to be adjusted to ensure that Laurel Parkway is built in the first phase. Applicant Response: The applicant is proposing the option presented in Civil/Structural Engineering and Surveying 38.270.030.B.1.b.(1) for completion of street improvements. Laurel Parkway is shown to be built in two phases. The first phase will construct Laurel Parkway from West Babcock Street north to Boomtown Road and serve Phases 5A and 5C. The second phase will be constructed to connect with the end of the existing Laurel Parkway at the north boundary of the project with The Lakes at Valley West. The applicant acknowledges that staff wants to see the entire section constructed with the first phase, however, the financial hardship created by this requirement makes financing very difficult and may jeopardize the remainder of the project. The applicant will continue to work with City Staff to create a solution that is acceptable to both parties as the project moves through review. A supplement to the Norton East Ranch Phase 5 Residential Subdivision Traffic Impact Study – 2020 Update is included in Appendix F of this Revision ad Correction submittal. It shows that the road network will function at acceptable levels with the proposed phasing. A phasing plan is provide with the project introduction in Section 2.0 Introduction/Project Schedule. 3. Per Sec 38.400.090.D, Gooseberry does not meet access standards and should connect through rather than dead end. Applicant Response: Gooseberry Drive is reconfigured on the preliminary plat to address this comment. 4. As stated on the subdivision pre-application memo from October, 2017, all parkland must be provided with the first recorded final plat by easement. See Park comments below for further code corrections. Applicant Response: Acknowledged 5. A ten foot utility easement is required along the front setback of Laurel Parkway, on the west side and along Gooseberry. Applicant Response: These utility easement are added to the preliminary plat. 6. A copy of the approved noxious weed management plan from the County Weed District must be provided per Section 38.220.050.A.8. This copy needs to be signed. Applicant Response: A signed copy of the weed management plan from the County Weed District is provided with Section 3 of this Revision and Correction Submittal. 7. The current reference to MCA 76-4-125(2)(d) to the Subdivision Certificate for Sec. 38.240.470 “Exclusion from MDEQ” took into effect October 1, 2019. When the previous comment was stated dated August 6, 2018, it was not in effect. Revise Certificate to state the new reference. Civil/Structural Engineering and Surveying Applicant Response: The revised certificate is provided on the preliminary plat sheet 2 of 3. 8. Remove any existing conditions. Existing conditions should not be reflected on the preliminary plat. For example, the fence along the northern property line should not be shown. Applicant Response: Existing conditions, not required by subdivision regulation, have been removed from the preliminary plat. Engineering Division, Griffin Nielsen, gnielsen@bozeman.net, 406-582-2288 • Comments are forthcoming Applicant Response: See specific response to engineering conditions included. Fire Department; Scott Mueller, smueller@bozeman.net, 406-582-2353 • My only conditions are that fire hydrants are installed along North section on Laurel Parkway, mid-block along North section of S Reliance Ave, and removal of mid-block South section on Westgate Ave and Gooseberry Dr. Applicant Response: The following fire hydrants have been added to the preliminary plat: - One along the north section of Laurel Parkway. - One mid-block along the north section of South Reliance. The mid-block hydrants on Westgate and Gooseberry between Boomtown and West Babcock Street have been removed. • Otherwise as proposed with phasing and layout is acceptable. Applicant Response: Acknowledged TerraQuatic; Lynn Bacon, lbacon@terraquaticllc.com, 406-580-6993 • See attached memo Applicant Response: The preservation wetland is currently being re-evaluated as to jurisdictional status. If the preservation wetland is classified as jurisdictional a 404 permit will be required unless wetland impacts can be avoided. If the wetland area is non- jurisdictional mitigation will be required by the City of Bozeman. The Wetland Section in Appendix E is updated to reflect the current status of the project. An MDT Montana Wetland Assessment Form is included in Appendix E. A wetland planting plan to provide Civil/Structural Engineering and Surveying mitigation for filling wetlands outside of the preservation wetland is provided as part of the Norton Ranch Subdivision, Phase 5 Park Master Plan and included in Appendix G of this Revision and Correction Submittal. Parks Department; Addi Jadin, ajadin@bozeman.net, 406-582-2908 1. Parkland Tracking Table should be updated to show the amount of parkland required according to 38.420.020.A.2. Parkland is required up to 6 du/acre for R-2 and up to 8 du/acre for R-3. Net density per zoning district is needed for past and current phases. Applicant Response: The Parkland Tracking Table is updated to address 38.420.020.A.2. The table addresses both past and current phases. It is provided on sheet 3 of 3 of the preliminary plat and with the Norton Ranch Subdivision, Phase 5 Park Master Plan located in Appendix G of this Revision and Correction Submittal. It shows the phase by phase compliance per subphase of Phase 5. A Parkland Exhibit is also provide to assist in following the tracking table. This exhibit is included in Appendix G. 2. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the common private/public corner pins in accordance with this section. Delineation is required between parks or linear parks and private lots. Applicant Response: Park boundary signs have been added to the Norton Ranch Subdivision, Phase 5 Park Master Plan in accordance with BMC 38.420.030.B. 3. PROST Plan Appendix G: The Developer shall prepare a signage plan for parks and/or trails in new developments. The signage plan will include: A map(s) showing sign locations. A list of signs, sign posts and sign totems to be installed, indicating content, materials and location of each sign. Applicant Response: Trail Totems, Trail Post Signs, and Park Name Signs are added to the Norton Ranch Subdivision, Phase 5, Park Master Plan. A list of signs, and the quantity of each type of sign is provided on the park signs table on sheet L100 of the park master plan. The content of each sign will be determined in cooperation with the Parks Department prior to installation. 4. A park name is required prior to park plan adoption. There is guidance in the PROST Plan (page 11-6) which states that the proposed name must be appropriate to the area or facility being named; be easy and concise to pronounce; have some historic significance, be a memorial, etc.; and not be similar to an existing name. Applicant Response: The applicant is proposing the overall park corridor be named the Norton Ranch Park and Wetland Preserve. 5. Park Master Plan drawings must label the total parkland area, area within wetlands/watercourses, retention ponds, and the remaining park area used to meet requirements. Civil/Structural Engineering and Surveying Applicant Response: A Parkland Exhibit is added to the Park Master Plan providing this inforation. This exhibit is included in Appendix G 6. Park Master Plan drawings should not show information related to private open space parcels except as needed to show connections/circulation. Please emphasize the park areas and deemphasize open spaces, lots, and streets except as adjacent to the parks. Applicant Response: All private open space parcels have been greyed out within the updated Park Master Plan. Sidewalk connections/circulation are still shown within these areas. 7. Ensure that irrigation system and water source is separated from the open space lots. Applicant Response: Acknowledged. The park master plan has been updated to reflect this. 8. Page 13 of the Appendix G Master Plan narrative concludes with an incomplete sentence Applicant Response: The irrigation section of the Master Plan narrative has been completed. 9. BMC 38.420.020.E.1 and 2. Watercourse setbacks and stormwater ponds require approval by the review authority to be incorporated into the park plan. Provide written justification. Applicant Response: The trail corridor along the west boundary of the property is modified to be public open space (OS 5F, OS 5G, OS 5H) to address this comment. 10. Please consider replacing benches and bbq with some bike racks. Applicant Response: Bike racks are included at both the Retention Pond Open Space and Playground and Wetlands Park. 11. Comments on retention pond park: a. BMC 38.410.100.A.2.e.(2)(c) Provide documentation or reasoning why the “non- spur” trail along Aajker Creek goes into Zone 1 of the watercourse setback at the north end. Applicant Response: The trail location has been removed from Zone 1 of the watercourse setback. b. BMC 38.420.070.A.1. Pathway corridors within required watercourse setbacks must not be dedicated to the city as linear parks and such land may not be used to satisfy parkland dedication requirements. According to drawings, it appears that the linear park along Aajker Creek is within the watercourse setback area. Civil/Structural Engineering and Surveying Applicant Response: The pathway corridor along Aajker Creek is identified in the original Norton Ranch Master Plan. This improvement was required based on a request to the City, during the public hearing process, by neighbors to the west. A similar comment was made regarding the corridor that was approved as part of the Phase 3 Subdivision based on the agreement with the neighbor. c. To consolidate road crossings and prevent mid-block crossings, it is suggested that the trail extension along the east side of the retention pond and the east-west trail north of picnic tables be eliminated and replaced with a diagonal trail to the intersection. Applicant Response: The requested modification is incorporated into the Park Masterplan. 12. Comments on wetland/playground park: a. Eliminate/relocated spur trails that don’t line up with crosswalks or cause wayfinding issue. Applicant Response: The spur trails in question are eliminated. b. Show reasoning for the number of parking spaces provided within the park such as an exhibit of the parking spaces lost due to the private lots along street frontage. Applicant Response: The number of parking spaces at the playground are justified as follows: Lot frontage (Lots 2-8) = 375’ @ 24’/parallel space = 16 spaces Civil/Structural Engineering and Surveying c. Visibility of the playground and non-wetland area of the park is greatly deterred by Lot 1 of Block 21 and the parking lot. Staff does not recommend approval of the frontage reduction/park plan as shown. Applicant Response: Lot 1 of Block 21 is eliminated. 13. Upon submittal of revisions, the Subdivision Review Committee of Recreation and Parks Advisory Board will review the park plan proposal and provide recommendation to the review authority. Applicant Response: Acknowledged. Section 4 – ADVISORY COMMENTS 1. Section 38.240.130.A.6 states: Initial subdivision application approval period. Upon approving or conditionally approving a subdivision application, the city commission must provide the developer with a dated and signed findings of fact and order. This initial approval must be in force for not more than three calendar years for multi-phased major subdivisions after the date of the findings of fact and order. At the end of this period, the city may, at the written request of the developer, extend its approval for a mutually agreed-upon period of time. Applicant Response: Acknowledged 2. The applicant is advised that any language that creates any provision that interferes with the Bozeman Municipal Code (property maintenance, affordable housing, etc) is not permitted in the Codes, Covenants & Restrictions. Applicant Response: Acknowledged 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Applicant Response: Acknowledged 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners association of any open space proposed to be conveyed to the property owners association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Civil/Structural Engineering and Surveying Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. Applicant Response: Acknowledged 5. 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. Applicant Response: Acknowledged 6. No basements or crawl spaces may be constructed within the subdivision. The note on the conditions of approval sheet must be included in the final plat. Applicant Response: Acknowledged 7. The open space language in the updated CC&R’s should follow Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or property owners' association. Applicant Response: Acknowledged. Updated CCR’s to be provided with the first Final Plat Submittal. 8. The CC&R’s has restrictive language that is reminiscent of the previous development standards, prior to the updated Unified Development Code of March 31, 2018. Staff strongly recommends that language regarding Section 11.1 Residential Uses restricting non-residential uses, Section 11.23 Garages restricting ground-level accessory dwelling units, and Section 11.31 Rezoning which prohibits the petition by property owners to request a change of zoning designation be altered to represent the current City of Bozeman growth policy intent and development standards. Applicant Response: Acknowledged. Updated CCR’s to be provided with the first Final Plat Submittal. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an Civil/Structural Engineering and Surveying estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit. Note: During preparation of the staff report for future applications, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. If you require any further information, please give me a call at (406) 587-1115. Sincerely, Luke Stein, E.I.