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HomeMy WebLinkAboutResponse to City Comments 11.13.2020 j "day &Sh a 11ol rnc. Developers • Builders •consultants Response to Planning Board Staff Report for the Norton Ranch Ph 5 Subdivision: Prepared by Greg Stratton,Kilday&Stratton,Inc.for Norton Properties,LLC November 13,2020 This narrative is a direct response to the Planning Board Staff Report for the Norton Ranch Ph 5 Subdivision specifically relating to the following items: - Executive Summary—Unresolved Issues - Section 3—Required Code Provisions, item 4 Both of these items relate to timing of the construction of Laurel Parkway. The applicant is proposing to build Laurel Parkway in two phases. City staff is taking the following position as stated in Section 3—Required Code Provisions, Item 4 of the Staff Report: "Laurel Parkway is a collector street as identified in the City's transportation master plan. Laurel Parkway must be fully completed to ensure the convenient and reliable movement of traffic and effective access for emergency services. Laurel Parkway must be constructed from Durston to West Babcock prior to final plat approval of Phase A of the subdivision" To support this position the staff report references Bozeman Municipal Code(BMC)Section 38.400.010.A.1. Section 38.400.010.A.1 reads as follows: "Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. If the development being reviewed is not a subdivision, a request for an alteration of this standard must be reviewed against the criteria of section 38,250,080.6, but will not alter the review authority who would otherwise decide upon the application." 2880 Technology Boulevard West • Bozeman, MT 59718 • 406-577-2028 • kildaystratton.com This section relates to a developments relation to "undeveloped land". We question its application to the situation with Laurel Parkway as the property to both the north and south of Norton East Ranch — Phase 5 is developed land. Section 38.400.010.A.1 simply states that when a development adjoins"undeveloped land"(in this case it doesn't adjoin undeveloped land)that the streets within the proposed development must be arranged to provide access to the adjoining undeveloped land for the logical extension of services for that property. As written the section does not address phasing of the project and therefore we believe it allows for the logical phasing of development but that the overall development plan must provide for the logical extension of city services to adjoining undeveloped properties. The proposed language would be understandable if not building the complete section of Laurel Parkway in some way presented a risk to public safety but that is not the case. Our traffic study specifically looked and this issue and concluded that the recent improvements to the West Babcock Street/Cottonwood Road intersection will allow Norton Ranch Phase 5 to be fully developed with no connection north on Laurel Parkway to Durston Road. The Babcock St./Cottonwood Road intersection will still function at a LOS B in the AM and PM peak hours under this condition. We have discussed the traffic study in great detail with City Engineering staff and they are not disputing the findings of the study. The connection of Laurel Parkway is necessary when planning the overall connectivity in the area and should be required as part of the overall plan for the property. It is not, however, necessary to be constructed with the first phase of the Norton East Ranch Subdivision, Phase 5. A better reference to the BMC relating to the existing condition of Laurel Parkway is BMC 38.400.010.A.2 Relation to developed areas. Section 38.400.010.A.2 reads as follows: "Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities." Again there is not a reference to the timing of construction of the improvements. The section simply states that when a development adjoins a developed area that the developer must arrange the streets and alleys to provide connectivity between the development and adjacent developed property. In this case the preliminary plat as proposed provides the connectivity as requested by this section and therefore meets the requirements of this section as proposed. If the traffic study indicated a problem to be created if the connection were not made it would be another issue. In this case, however,our traffic study specifically looked and this issue and concluded that the recent improvements to the West Babcock Street/Cottonwood Road intersection will allow Norton Ranch Phase 5 to be fully developed with no connection north on Laurel Parkway to Durston Road. The Babcock St./Cottonwood Road intersection will still function at a LOS B in the AM and PM peak hours under this condition. There is not a need to build the complete length of Laurel Parkway in one phase. As previously stated,the connection of Laurel Parkway is necessary when planning the overall connectivity in the area and should be required as part of the overall plan for the property. It is not, however, necessary to be constructed with the first phase of the Norton East Ranch Subdivision, Phase 5. The proposed preliminary plat"provides for the continuation of streets and alleys between adjacent developed properties" and meets the requirements of BMC 38.400.010.A.2 as proposed. As presented we find no reference in the BMC that requires the construction of Laurel Parkway with Phase 5A. The Traffic Study prepared for Norton Ranch East, Phase 5 specifically concluded that the recent improvements to the West Babcock Street/Cottonwood Road intersection will allow Norton Ranch Phase 5 to be fully developed with no connection north on Laurel Parkway to Durston Road. We respectfully request that Section 3—Required Code Provisions, Item 4 be removed and that Laurel Parkway be constructed in two phases as proposed.