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Home My WebLink About06-07-21 Planning Board Agenda & Packet MaterialsA.Call Meeting to Order B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Minutes Approval for 05-17-21(Happel) THE PLANNING BOARD OF BOZEMAN, MONTANA PB AGENDA Monday, June 7, 2021 Due to scheduled maintenance, the meeting MUST end no later than 7:50 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=efe7b789eacebac36ccad4174426cb2c4 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 521 3859 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@bozeman.net prior to 4:00pm on Monday, June 7th, 2021. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. 1 E.Public Comment Please state your name and address in an audible tone of voice for the record.This is the time for individuals to comment on matters falling within the purview of the Committee.There will also be an opportunity in conjunction with each action item for comments pertaining to that item.Please limit your comments to three minutes. F.Action Items F.1 Blackwood Groves Major Subdivision Preliminary Plat, Application No. 20447 (Rosenberg) F.2 Review of existing subarea plans of the Bozeman Community Plan 2020.(Happel) F.3 Sixth work session to define and refine Planning Board goals for 2020 and implementation of the Bozeman Community Plan 2020.(Happel) G.FYI/Discussion H.Adjournment Due to scheduled maintenance, the meeting MUST end no later than 7:50 p.m. For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Planning Board FROM:Taylor Chambers SUBJECT:Minutes Approval for 05-17-21 MEETING DATE:June 7, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Suggested Motion: I move to approve the meeting minutes from May 17th, 2021 STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the meeting minutes with corrections 2. Do not approve the meeting minutes FISCAL EFFECTS:None Attachments: 05-17-21 Planning Board Minutes DRAFT.pdf Report compiled on: May 18, 2021 3 Bozeman City Commission Meeting Minutes, 05-17-21 Page 1 of 4 THE PLANNING BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 17, 2021 00:00:41 WebEx Meeting Information A) 00:03:22 Call Meeting to Order Present: Cathy Costakis, Richard Rudnicki, Gerald Pape, Mark Egge, Matthew Hausauer, Jennifer Madgic Absent: Henry Happel, George Thompson C) 00:04:13 Changes to the Agenda B) 00:04:30 Disclosures D) 00:04:40 Approval of Minutes D.1 Minutes Approval for 05-03-21 05-03-21 Planning Board Minutes DRAFT.pdf 00:04:58 Motion D) Approval of Minutes Gerald Pape: Motion Cathy Costakis: 2nd 00:05:10 Vote on the Motion to approve D) Approval of Minutes. The Motion carried 6 - 0 Approve: Cathy Costakis Richard Rudnicki Gerald Pape Mark Egge Matthew Hausauer Jennifer Madgic 4 Bozeman City Commission Meeting Minutes, 05-17-21 Page 2 of 4 Disapprove: None E) 00:05:26 Public Comment No public comment at this time F) 00:10:34 Special Presentations F.1 Presentation by the Sacajawea Audubon Society about plans for the Indreland Audubon Wetland Preserve (IAWP). 00:11:01 Wetland Preservation Presentation Chris Nixon and John Edwards of the Sacajawea Audubon Society presented their plans for the Indreland Audubon Wetland Preserve. 00:27:55 Board Questions Board members directed questions to Mr. Nixon and Mr. Edwards G) 00:49:24 Action Items G.1 00:49:25 Blackwood Groves Major Subdivision Preliminary Plat, Application No. 20447 20447 PB Staff Report.docx 00:49:49 Board member Hausauer recused himself from the action item due to a conflict of interest. 00:49:34 Staff Presentation Planner Sarah Rosenberg presented to the Blackwood Groves Preliminary Plat to the board and recommended that the subdivision conforms to standards. 01:03:16 Board Questions Board members directed questions to Planner Rosenberg 01:05:12 Board member Pape left the meeting 01:23:42 Applicant Response to Questions Due to technical difficulties with the applicant, Acting Chairman Rudnicki recommended that the applicant answer the questions asked by the board members during the staff presentation. 01:25:04 Applicant Presentation 5 Bozeman City Commission Meeting Minutes, 05-17-21 Page 3 of 4 Rob Pertzborn of Intrinsik Architecture introduced the applicant team and presented on behalf of the applicant the Blackwood Groves Major Subdivision Preliminary Plat. 01:47:49 Board Questions Board members directed questions to the applicant. 01:55:38 Public Comment Opportunity No public comment at this time 02:00:09 Board Discussion 02:01:26 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 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Mark Egge: Motion Cathy Costakis: 2nd Board member Egge spoke to his motion. Board member Costakis spoke to her second. Commissioner Madgic commented that she would be supporting the motion. 02:07:03 Vote on the Motion to approve 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 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. The Motion failed 4 - 0 Approve: Cathy Costakis Richard Rudnicki Mark Egge Jennifer Madgic Disapprove: None A quorum was not present at the time of the vote, therefore the motion could not be approved. G.2 02:07:21 Sixth work session to define and refine Planning Board goals for 2020 and implementation of the Bozeman Community Plan 2020. Memo to PB-210511-Final.pdf Memo to the City-Dev. Narr.-210511.pdf 6 Bozeman City Commission Meeting Minutes, 05-17-21 Page 4 of 4 Acting Chairman Rudnicki recommended postponing the work session to the following meeting. Commissioner Madgic recommended that the board schedule a special work session to go over board goals instead of trying to fit it in at the end of each meeting. H) 02:08:57 FYI/Discussion Staff Liaison Rogers informed board members that their next scheduled meeting is June 7th and they may have an opportunity for a work session during that meeting. I) 02:10:08 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM 7 Memorandum REPORT TO:Planning Board FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Blackwood Groves Major Subdivision Preliminary Plat, Application No. 20447 MEETING DATE:June 7, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: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 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. For full details, see attached staff report. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx? id=229622&dbid=0&repo=BOZEMAN In the matter of the Blackwood Groves Preliminary Plat the Board will reopen this matter and conduct a public hearing. If you did not participate in the public hearing on May 17 or were unable to hear the hearing in its entirety you are asked to review the meeting prior to the start of the June 7th meeting. A link to the video is provided below. https://bozeman.granicus.com/player/clip/89?view_id=1&redirect=true 8 UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny 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. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:NA Attachments: 20447 PB Staff Report June 7.docx Report compiled on: May 26, 2021 9 Page 1 of 36 20447, Staff Report for the Blackwood Groves Major Subdivision Public Hearing Date:Planning Board May 17, 2021 at 6:00 via WebEx. Public hearing reopened June 7, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, May 25, 2021 at 6:00 pm via WebEx. Public hearing reopened June 8, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. Project Location:South of Alder Creek Drive, East of South 19th Avenue, West of Hidden Springs Lake. RW Sec 24 & N2N2NW4 Sec 25, RW Sec 24 & N2N2NW4 Sec 25, City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommended Motion 1 (Park Master Plan):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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: May 26, 2021 Staff Contact:Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) 10 20447, Staff Report Blackwood Groves Major Subdivision Page 2 of 36 EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the south side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern boundary. The application proposes the subdivision into 190 lots; 127 single household residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots. The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site Plan application no. 20292, as required by REMU zoning, has been forwarded to the Director of Community Development for approval on May 17, 2021. The property is currently unoccupied and has been historically used for agriculture. There are multiple watercourses present on the property, running north-south, with associated wetlands. Blackwood Groves is set to be a mixed-use community that will include a variety of housing types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails developed over nine phases. There town center area of the site located in the center of the development. Commercial uses cannot exceed 30% of the total gross building square footage within the REMU zone district. The purpose of the REMU zone district is to establish an area that is mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood service opportunities. All developable lots within this subdivision will require further development review and public notice prior to building permit issuance. The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and an additional 7.48 of non-qualifying land within the parks if accepted by City Commission (storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of required parkland, the proposal includes improvements equivalent to 5.42 acres and the developer proposes to provide the improvements-in-lieu that would be required for future lot development as the subdivision phases are constructed. The parkland is primarily organized around a few key features: the extension of the Gallagator Trail along its planned route which coincides with a watercourse for the length of the subdivision, a mature tree grove along an irrigation ditch that also runs north-south, and the desire to disperse activated parkland throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board 11 20447, Staff Report Blackwood Groves Major Subdivision Page 3 of 36 (RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval on April 23, 2021 (per RPAB bylaws, the park master plan was not reviewed by the larger board). The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on April 29, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. The City Commission requests that the Planning Board to complete their formal recommendation process at their May 25, 2021 meeting. The video for the May 17, 2021 Planning Board meeting can be found at the following link: https://bozeman.granicus.com/player/clip/89?view_id=1&redirect=true The reopened public hearing for City Commission is scheduled for June 8, 2021. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny 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. This alternative is requested if the Commission wishes to amend or add conditions of approval. 12 20447, Staff Report Blackwood Groves Major Subdivision Page 4 of 36 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues............................................................................................................... 2 Project Summary................................................................................................................. 2 Alternatives......................................................................................................................... 3 SECTION 1 - MAP SERIES.......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL.......................................... 11 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS.......................................... 22 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 22 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC..................... 22 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24 Preliminary Plat Supplements........................................................................................... 28 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 33 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 11 APPENDIX C – PROJECT BACKGROUND............................................................................. 35 APPENDIX D - OWNER INFORMATION................................................................................ 35 ATTACHMENTS......................................................................................................................... 35 13 20447, Staff Report Blackwood Groves Major Subdivision Page 5 of 36 SECTION 1 -MAP SERIES Figure 1. Zoning classification 14 Page 6 of 36 Figure 2. Preliminary Plat 15 20447, Staff Report Blackwood Groves Major Subdivision Page 7 of 36 Figure 3. Wetland Exhibit 16 20447, Staff Report Blackwood Groves Major Subdivision Page 8 of 36 Figure 4. Land Use Plan 17 20447, Staff Report Blackwood Groves Major Subdivision Page 9 of 36 Figure 5. Conceptual Plan 18 20447, Staff Report Blackwood Groves Major Subdivision Page 10 of 36 Figure 6. Pedestrian Circulation 19 Page 11 of 36 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - 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 preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1.BMC 38.220.070. 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. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 2.BMC 38.220.070.A.7. 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 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. 3.BMC 38.240.150.A.3. Deeds and 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. 4.BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5.BMC 38.240.410. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 6.In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: 20 20447, Staff Report Blackwood Groves Major Subdivision Page 12 of 36 “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 7.BMC 38.220.020.A. 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. 8.BMC 38.240.530. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 9.BMC 38.240.150.A. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 10.The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 11.The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners’ association (POA). 12.With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on the preliminary plat, page 7 identified by legal description that includes setback 21 20447, Staff Report Blackwood Groves Major Subdivision Page 13 of 36 requirements, watercourse setback zones, building area, and landscape/watercourse setback planting requirements. 13.BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language should be included in the Final Design Manual and Covenants. 14.BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or fencing can be installed within an access or utility easement granted to the City of Bozeman without written consent of the City of Bozeman. With final covenants, include a statement that says that no landscaping (such as trees or bushes) or fencing can be installed within the utility or access easement. 15.BMC 38.220.070 -The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a.BMC 38.220.320.A. The responsibility of maintenance for the stormwater facilities including those in public parks, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b.BMC 38.410.060.C. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. c.No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer 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. d.A median is the portion of the roadway separating opposing directions of the roadway, or local lanes from through travel lanes. All medians within the 22 20447, Staff Report Blackwood Groves Major Subdivision Page 14 of 36 subdivision are to be maintained by the property owners association. A separate City approved maintenance agreement must be recorded with the Clerk and County recorder and incorporated into the subdivisions Covenants, Conditions & Restrictions. e.The back-in angled parking is to be maintained by the property owners association which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angled parking spaces. f.Although an easement or parkland dedication is required at the time of final plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until after Final Plat and until the park meets requirements of 38.420.080 and the approved park master plan, all conditions of approval for the subdivision or park master plan are completed, and written acknowledgement of final acceptance has been provided by the City. g.Every owner of land fronting or abutting on a paved sidewalk or other path within a park and connected to said sidewalk or path via a pedestrian pathway shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land within 24 hours. However, in the event the superintendent of parks determines the snow and ice on a sidewalk cannot be reasonably removed, the superintendent may require the use of sand or other suitable substance to make pedestrian travel reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as soon as the weather permits. 16. The applicant must file the City approved maintenance agreement with the County Clerk and Recorder, have a note added to the Conditions of Approval Sheet that identifies the maintenance requirements and responsibilities of the back-in angled parking spaces, and include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final Plat Approval. 17.A 1 foot no access strip shall be placed along all lots fronting on South 19th Street. 18.A 1 foot no access strip shall be placed along all lots fronting on South 11th Street. 19.A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road. 20.BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 21.BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage designation the applicant must demonstrate alternative means to supply dry utilities and easements through and within such lots prior to Final Plat Approval. 23 20447, Staff Report Blackwood Groves Major Subdivision Page 15 of 36 22.BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company (MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The agreement must describe the necessary easement width for maintenance of the ditch. The applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10 foot wide standard ditch maintenance easement would be required. The applicant is advised that if an agreement cannot be reached with MCDC the configuration and layout of the proposed subdivision could change and can proceed at their own risk. 23.The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The applicant must pay the payback fees prior Final Plat Approval. 24.A road connection to South 19th Avenue must occur with the first phase of the development prior to Final Plat Approval. 25.BMC 38.400.010 -South 11th and Blackwood Road must be constructed to a collector standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for all intersections deemed necessary by City Engineering in Blackwood Road and South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure submittal plan set. 26. A maintenance access easement from the City is required for developer/POA access to stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance. 27. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of the POA or adjacent property owner. 29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. The final plat must 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). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin 24 20447, Staff Report Blackwood Groves Major Subdivision Page 16 of 36 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. 2.BMC 38.100.080.A.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. 3.BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 4.BMC 38.270.030. 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. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 5.BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to each subsequent phase final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval. 6.BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must 25 20447, Staff Report Blackwood Groves Major Subdivision Page 17 of 36 provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 7.BMC 38.270.030,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. 8.BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 9.BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 10.BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section. 11.BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 12.BMC 38.220.020 & 38.610.050 -Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval. 13.BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water main (CIP Number: FP_1347) to the southwest corner of the subject property along S 26 20447, Staff Report Blackwood Groves Major Subdivision Page 18 of 36 19th Ave. The identified 12 inch main must extended through subject property and connect to the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main may follow the proposed water main alignment along Street E and Avenue A and must be included within the infrastructure submittal plan set. 14.BMC 38.410.040.Provide design sections for mid-block pedestrian crossings through park 14, open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree for every 50 feet per 38.550.050.D. 15.BMC 38.410.130 -Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. 16.BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts prior to final plat. 17.BMC 38.410.100.With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 18.BMC 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. 19.BMC 38.240.050,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. 20.BMC 38.240.420, Mortgagee.If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 21.BMC 38.410.060.A 10-foot utility easement located within the front yard setbacks along Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO standards. 22.BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat. 23.BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of block 8 adjacent to the proposed sidewalk. 24.BMC 38.270.030.B.3.Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the 27 20447, Staff Report Blackwood Groves Major Subdivision Page 19 of 36 lighting the 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. 25.BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 26.BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 27.BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of land dedication, the amount must be stated on the final plat. 28.BMC 38.420.080.B.The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 29.BMC 38.420.080.D.Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater retention or detention ponds must be maintained by the property owners' association. 30.BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and any open space lots is required prior to final plat approval or must be financially guaranteed. 31.BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); 28 20447, Staff Report Blackwood Groves Major Subdivision Page 20 of 36 b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; 32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and a. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or b. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 33.BMC 38.410.060, 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. 34.BMC 38.410.080.D,Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. 35.BMC 38.220.320,Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 29 20447, Staff Report Blackwood Groves Major Subdivision Page 21 of 36 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. 36.BMC 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. 37.BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must provide an owner executed original easement to the City prior to Final Plat approval. The following easements have been identified in the application: a. Sewer and Water pipeline access easement for the mains intended to service the development. b. Public access easement(s) for onsite trail/open space and midblock crossing for open space D open space B c. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents must be updated. 38.BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. 39.BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, be accepted in accordance with the provisions of 30 20447, Staff Report Blackwood Groves Major Subdivision Page 22 of 36 the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _______ day of _______, _______. _______________________ Signature City of Bozeman Director of Parks and Recreation SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on April 28, 2021. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed and recommended approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report on April 23, 2021. Public hearing date for the Planning Board is on May 17, 2021 at 6:00pm. The reopened public hearing for Planning Board is scheduled for June 7, 2021. The hearing will be held via WebEx with a WebEx link provided with the Planning Board agenda. Public hearing date for the City Commission is May 25, 2021 at 6:00 PM. The reopened public hearing for City Commission is scheduled for June 8, 2021.The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - 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.A.5.b, 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. As outlined in code provision number 1, the final plat must comply with State statute, Administrative 31 20447, Staff Report Blackwood Groves Major Subdivision Page 23 of 36 Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or 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 BMC. 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 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on January 8, 2021 and was deemed inadequate for further review on February 11, 2021. Revised application materials were received on March 31, 2021. The City deemed the application adequate for review on April 29, 2021. Public hearings are scheduled for May 17 and May 25, 2021. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and no comment was received as of the issuance of this staff report. On May 13, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 32 20447, Staff Report Blackwood Groves Major Subdivision Page 24 of 36 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision 5, 21, 23 and 33 state that utility easements need to be provided along front yards and are to be granted with the final plat in accordance with standards. Access must be provided to all sanitary sewer lines and manholes 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 The final plat will provide legal and physical access to each parcel within the developable area. Local streets are identified as Street A, Street B, Street C, Street D, Street E, Avenue A, Avenue B, Avenue C, South 15th Avenue, and Spring Creek Drive. South 11th Avenue and Blackwood Road are identified as Collector streets. The proposed lots either have frontage to a public street or onto a linear park with alley access. Physical access to each lot is proposed via public streets and/or a public access and utility easement. The final plat musts containastatementrequiringlot accessesto bebuilt tothestandards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications per BMC requirements. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as Residential Mixed Use according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development. The property has been producing alfalfa and will continue to farm alfalfa as the phases are developed. Farming operations will cease at full build-out of the project which will ultimately result in the loss of approximately 100-acres of alfalfa cultivation within this area. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. All agricultural water user facilities on and adjacent to the project will be protected. The property contains five waterways, all which are irrigation ditch laterals of the Middle Creek Ditch Company. A ditch maintenance agreement is required to be provided prior to final plat to describe the necessary easement width for maintenance of the ditch as outlined in condition of approval number 27. Wetlands exist adjacent to the watercourses and are preliminarily determined to be non-jurisdictional as outlined in Appendix O, Watercourse Summary Memo from the U.S. Army Corps. 33 20447, Staff Report Blackwood Groves Major Subdivision Page 25 of 36 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision 8 requires a city standard sewer easement where the sewer system is located. Code provision 3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights as outlined in code provision 6. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat for the layout utilizes South 19th Avenue (arterial), Blackwood Road (future collector), and South 11th Avenue (collector) to provide primary site connectivity. Condition of approval 24 requires a connection to 19th Avenue with the first phase. Other internal local streets provide access to all lots. Furthermore, street easements must be provided for all streets identified in the underlying master site plan approval to ensure access is provided to all lots within the subdivision, and provide predictability for future subdivision development. Code provision 5 details this requirement. Most streets are proposed to be constructed to city standards and the City accepts maintenance for all streets with the exception of Street B in between S. 11th Avenue and South 15th Avenue (where back in angled parking exists) which will be maintained by the POA as outlined in condition of approval 15e. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. The responsibility of the stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined in condition of approval 10 and 11. Inspection of installed facilities prior to final plat will verify that standards have been met. Parklands - The proposal meets the required park dedication and improvement standards with conditions and code provisions if the parks master plan is approved by the Commission. The park master plan is comprised of 16 dedicated parks (4 neighborhood parks and 12 linear parks) which total 18.34 acres of parkland (10.86 unrestricted, 6.70 acres within wetlands areas and the zone 1 and 2 watercourse setback areas, 0.77 acres utilized by storm water storage ponds and access easements). The unrestricted/qualifying parkland is 10.86 acres, which is 2 acres short of the parkland requirement of 12.86 acres. To make up for the 2-acre deficit, the applicant proposes improvements-in-lieu of 5.42 acres. See Appendix E for parks-related tracking tables 34 20447, Staff Report Blackwood Groves Major Subdivision Page 26 of 36 and preliminary park site plans to be finally reviewed prior to preconstruction meetings as outlined in conditions 26, 27, 28, and 29. Parks 1 and 2 are located on the eastern side of the Blackwood Groves development and are considered neighborhood parks. Both were approved for a reduction in frontage requirements due to their watercourse adjacent features and due to the large lot on the adjacent school district property to the east. Parks 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, and 16 are considered linear parks that tie together the trail network through the development. Parks 9 and 10 are neighborhood parks that are located on the western side of the property and have included sidewalks around the perimeter to mitigate for frontage reduction. Approval of the Park Master Plan includes approval of the watercourse setbacks and storm water facilities within the design of the larger park area as this land will provide valuable trail connections, unobstructed frontage for the parks, and attractive trail and park side features; however, the land cannot be counted toward the required parkland amount. The stormwater facilities shall remain the long-term maintenance responsibility of the Property Owners Association. Within these parks and open space consists of a trail network that connects streets, sidewalks, trails, green spaces, and parks. There are two primary trail corridors that run north-south along the watercourse on the eastern boundary. These trails connect to the extension of the existing Alder Creek trails and the Gallagator trail to the north, both which are identified on the PROST Plan Trail Map. The east-west connection includes 25’ wide corridors in the linear parks. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on April 23, 2021 and recommended approval of the parks plan (per RPAB bylaws, the park master plan was not reviewed by the larger board) with conditions of approval and code corrections. Individual park site plans will be completed and approved with the final plat or prior to preconstruction meeting if an improvements agreement will be utilized. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Where intact wetlands and watercourses are present, setbacks have been delineated and identified pursuant to BMC 38.410.100. There is an existing tree grove being preserved and incorporated into Park 3. There is an existing wetland that runs near the eastern border of the site. Condition 7 requires appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of wetlands on site. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16b prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater 35 20447, Staff Report Blackwood Groves Major Subdivision Page 27 of 36 and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. The watercourses present the possibility of flooding along the eastern boundary within the park and open space areas where no infrastructure or buildings are proposed. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. A No-Rise analysis and floodway encroachment analysis will be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts as outlined in code provision 16. Watercourse setback planting along all watercourses. A landscaping framework, proposed with the approved master site plan, proposes enhancing the native lowland and upland areas with shrubs and trees to significantly improve the quality of the watercourse and guide its character long term as a natural amenity for Bozeman residents. Future planting plans will be required as the property develops and will be reviewed according to standards in place at the time. Code provision #12 states that a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping and that is must be installed or financially guaranteed prior to final plat approval. Lots 1-6 of block 28 are residential lots that contain a watercourse setback and conditions of approval 12 and 13 relate to the allowable buildable area, restrictions on the lots, and watercourse setback zones. No other impacts to the natural environment are identified. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate parkland, open space or other public lands landscaping with wells. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Habitat quality has been substantially impacted by agriculture. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “the proposed Blackwood development should [be to] ensure that the completed subdivision poses no direct or persistent environment threat to the local watershed.” Mr. Duncan provided suggestions related to stormwater management systems to prevent runoff into the ditches. Low Impact Design (LID) to mitigate stormwater is required in the REMU zoning district and encouraged across the entirety of the development. Proposed watercourse setback plantings that have the potential to improve stream habitat are described in the above section. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The 36 20447, Staff Report Blackwood Groves Major Subdivision Page 28 of 36 subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. All infrastructure will meet City standards and the improvements to the watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 8, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water The property contains five watercourses that are all considered laterals of the Middle Creek Ditch Company. Detailed information on these watercourses and their associated wetlands is included in the Wetland Delineation Summary and supporting wetland documents can be found in Appendix O. Three of the watercourses (west, north, south) are man-made irrigation ditches that do not have to adhere to the watercourse setback. The middle watercourse (Alder Creek) is a natural drainage channel that does have to adhere to the watercourse setback. The fifth watercourse (east) is a man-made irrigation ditch but forms a seep on the property to the south which does not appear to be man-made so it must adhere to the watercourse setback. 38.220.060.A.2 Floodplains The new Flood Insurance Rate Maps for Bozeman Creek delineates floodplain and floodway boundaries on the eastern property along Figgins Creek. Cambridge Drive and Blackwood Road will contain culvert crossings along the portion of Figgins Creek. These culvert crossings contain FEMA jurisdictional floodway (Zone A, Zone AE). A No-Rise Certification Report (Appendix Y) documents that the proposed crossings will result in a 0.00-ft rise in the 100 year water surface elevation (WSEL) and floodway WSEL. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections, the subdivision groundwater impacts will be successfully mitigated. The Geotechnical Investigation Report (Appendix V) includes an analysis of the groundwater encountered on site. Groundwater was encountered at the bottom of each of the exploratory excavations. Groundwater monitoring has been performed by C&H Engineering and Surveying during the 2019 and 2020 seasonal high groundwater seasons. Groundwater monitoring results are provided in the Groundwater 37 20447, Staff Report Blackwood Groves Major Subdivision Page 29 of 36 Investigation Report. Results from the groundwater monitoring indicate that the seasonally high groundwater elevations across the subject property vary from .60 feet to 3.29 feet below ground surface. The highest groundwater levels were encountered near the north and eastern property boundaries. The infrastructure plans for this development will account for the high groundwater conditions on site. All streets will be constructed above existing grade to ensure all stormwater ponds are installed above SHGWL. Dewatering for utility installations and foundation construction is expected and will be accounted for in any construction permits. Basement foundations are not recommended within this subdivision – a note is included on the plat. Crawl space foundations may be utilized in areas of the subdivision where the groundwater levels are the deepest or in areas where the final grade elevations are built above existing conditions. Condition of approval 15 and code provision 4 are related to groundwater and groundwater dewatering including the restriction of basements and crawl spaces. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with wells per code requirements. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Soils encountered during testing show a layer of silty clay organic soil of low plasticity with depths ranging from 1.0 to 2.0 feet below ground surface. The second soil horizon encountered was lean clay with sand with depths varying from 2.0 to 6.3 feet below ground surface. The third soil horizon was a poorly graded gravel with sand and cobbles (“pit run” gravel) and varied in depth from 3.6 to 8.4 below ground surface. Based on the subsurface investigation, the excavation for any structure must be observed by a licensed geotechnical engineer to verify that the proper foundation subgrade material has been reached prior to the forming or casting of any foundation elements or placement and compaction of any required structural fill. Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements, a condition of approval is recommended to address this issue. The geotechnical report is included in the application materials. 38.220.060.A.5 Vegetation There are no major vegetation types or critical plant species present on this site. The vast majority of the property is vegetated with alfalfa which has been cultivated on the property for many years. Wetland vegetation exists along the watercourse/irrigation ditches throughout the property. The Wetland delineation Summary and supporting wetland documents is included in Appendix O of this application. There is an existing stand of mature Cottonwood, Aspen, and Willow trees/bushes located in the north-center portion of the site. This stand of mature trees will be preserved and is incorporated within the Park #3 area. See additional comments above under primary review criteria. 38 20447, Staff Report Blackwood Groves Major Subdivision Page 30 of 36 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. An impact letter with the subdivision information was sent to the Montana Fish, Wildlife and Parks. Julie Cunningham and Mike Duncan of the MFW&P provided the following recommendations: reduce or mitigate sediment delivery, and to prevent discharges of petroleum products or other harmful substances into the nearby Middle Creek Ditch, no stormwater management systems convey runoff directly into the ditches within the proposed development without first having the opportunity for ground. These recommendations will be adhered to with the design and construction of all Subdivision stormwater facilities. MFW&P also commented that the “property is less than a mile from key elk winter range. Although within the City of Bozeman annexation, the continued urban sprawl to the south reduces the open space available to elk and results in higher damage complaints from local farmers.” 38.220.060.A.7 Historical Features There are no known historical features located within the property. The only existing structure on the property is an agricultural silo (metal) approximately 20 feet in diameter located near the southwest corner of the property. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. Stormwater ponds are designed to be located above seasonal high groundwater level. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. Erosion and siltation control will be exercised during construction by using appropriate best management practices as outlined in 39 20447, Staff Report Blackwood Groves Major Subdivision Page 31 of 36 “Montana Sediment and Erosion Control Manual”. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. Standard 10-ft front utility easements are provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The proposed development will be in the Morning Star Elementary School, Sacajawea Middle School and Bozeman High School attendance areas. At this time, the schools can accommodate the proposed development, however, the elementary schools are nearing capacity. The bus systems can accommodate the estimated number of additional students. 38.220.060.A.15 Land Use The Blackwood Groves neighborhood is to be developed under the existing Residential Emphasis Mixed Use (REMU) zoning district. The site is larger than the five acres minimum specified in the UDC and is located adjacent to existing residential neighborhoods which will help sustain Blackwood Groves’ proposed commercial uses. The property is designated Residential Mixed Use on the current Future Land Use Map and the attributes of that designation further encourage neighborhoods sustainability and community interconnectivity. REMU zoning confers an expectation on future site development that the area will be mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood services. The neighborhood design of Blackwood Groves embodies this expectation. From the variety of housing options proposed to the Town Center area envisioned in the heart of the community providing employment and retail opportunities, this neighborhood strives to exceed the REMU intent expectations established in the UDC. While the walkable neighborhood will emphasize residential as the primary use, the inclusion of community scale retail and services supports the overall neighborhood design and experience. A diverse array of community scale commercial uses is envisioned for the Town Center area of the site, including retail, restaurants, offices, maker spaces, grocery, small-scale cinemas, and fitness facilities (not to exceed 30% of the total gross building square footage allowed within the REMU zoning standards). Residential uses will also be heavily integrated into the upper floors of the Town Center. The community has been designed to the complimented by vibrant, urban, and pedestrian oriented complete streets. The proposed street sections provide for safe and broad connections across and through the neighborhood, while the linkages enhance neighborhood’s sense of place and park experiences. The proposed off and on streets connection encourage pedestrian and bicycle travel, transit, on street parking, and include the physical elements of complete streets. 40 20447, Staff Report Blackwood Groves Major Subdivision Page 32 of 36 Natural spaces have been incorporated throughout the development to serve the community needs for both neighborhood residents and visitors alike. On-street parking is planned throughout the site with back-in angled parking proposed adjacent to the Town Center area. Shared access drives and alleys are proposed throughout the development to create a more vibrant public realm as well as reduce the need for additional curb cuts. Buildings are to be oriented to the streets and public spaces as is allowed in the BMC. Design standards that emphasize the sense of place and stipulate maintenance of the neighborhood facilities have been created and are included in the submittal, Appendix L.2. The community design intended for this community encourages thoughtful development while providing for flexibility for future phases of the development to respond to changing market conditions. The design standards and guidelines proposed for Blackwood Groves also include provisions that promote sustainable development. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The neighborhood center will be provided by four different areas within the development. Parks 3, 4, and 5 serve as three of the neighborhood centers while the town center plaza serves as the fourth. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage designations for future development. Appendix B identifies the block frontage classifications within the development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. 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. Detailed lighting calculations will be provided with the infrastructure plans for each applicable phase of the subdivision. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 24 is related to this issue. 38.220.060.A.19 Miscellaneous This material was waived. No additional impacts or hazards are anticipated. 38.220.060.A.20 Affordable Housing We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. 41 20447, Staff Report Blackwood Groves Major Subdivision Page 33 of 36 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses:The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b .Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e .Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian- oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c .Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design 42 20447, Staff Report Blackwood Groves Major Subdivision Page 34 of 36 Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Adopted Growth Policy Designation:This property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready- access within and adjacent development. While the nature of development for the entire REMU area in this subdivision is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node in the approved master site plan associated with this site, with medium and lower density attached and detached single-household making up the balance of the plan. The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. 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. BMC 38.220.420, Notice was provided by posting the site, mailing 43 20447, Staff Report Blackwood Groves Major Subdivision Page 35 of 36 by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on May 1, 2021. Mailers were sent out for the reopening of the meeting on May 28, 2021. The site was posted with a notice on May 1, 2021 and reposted on May 28, 2021. A legal advertisement was published in the Bozeman Daily Chronicle on May 16 and 23, 2021 and republished on May 30 and June 6. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. APPENDIX C – PROJECT BACKGROUND Resolution 5177 was approved by the City Commission on June 15, 2020 annexing the subject property into the City. Ordinance 2052 adopting zoning of REMU was approved on June 15, 2020. A subdivision pre-application plan was reviewed by the Development Review Committee in November 2020. A staff report for the Master Site Plan Application no. 20292 has been forwarded to the Director of Community Development for approval. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: Blackwood Land Fund, LLC, 115 West Kagy Blvd, Suite L, Bozeman, MT 59715 Representatives: Matt Hauser, Bridger Land Group, 115 W. Kagy Blvd, Suite L, Bozeman, MT 59715 Report By:Sarah Rosenberg, AICP, Associate Planner ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20447, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=229622&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-447 44 20447, Staff Report Blackwood Groves Major Subdivision Page 36 of 36 45 Memorandum REPORT TO:Planning Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT:Review of existing subarea plans of the Bozeman Community Plan 2020. MEETING DATE:June 7, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Review, discussion, and recommendation on efficacy, validity, or relevance of existing subarea plans of the Bozeman Community Plan 2020. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:At the fifth working session on May 5, 2021 the Board expressed interest in evaluating existing subarea plans and their relation to the Bozeman Community Plan 2020. As a result the Board ought to pursue review and recommendation on existing subarea plans and their relation to the new Bozeman Community Plan 2020. Three Plans were identified as most appropriate for review. Most Community Development reports and plans are listed under the “Community Plans, Documents and Reports” section of the Community Development web site. https://www.bozeman.net/government/planning/community-plans- documents-reports 1. Bozeman Deaconess Health Service Subarea Plan 2. Design and Connectivity Plan for North 7th Avenue Corridor 3. Bozeman Creek Neighborhood Plan UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Board FISCAL EFFECTS:Not identified at this time. 46 Report compiled on: May 20, 2021 47 Memorandum REPORT TO:Planning Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT:Sixth work session to define and refine Planning Board goals for 2020 and implementation of the Bozeman Community Plan 2020. MEETING DATE:June 7, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:As determined by the Board. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:On December 21, 2020 the Planning Board initiated discussion on the Board priorities and goals for the coming year including implementation of the Community Plan 2020. The goals and objectives initiative continues. Chairman Happel prepared the attached memo to the Board to describe the current effort and guide the discussion for the May 17th meeting. In addition, the Memo prepared by Board Members Rudnicki and Comr. Madgic is attached for your reference. If additional background discussion and documentation from the previous meeting is needed, a link is provided in this memo for your convenience. https://d2kbkoa27fdvtw.cloudfront.net/bozeman/6953ac7486b79e06cb5e92d9975986590.pdf UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Board FISCAL EFFECTS:Not identified at this time. Attachments: Memo to PB-210511-Final.pdf Memo to the City-Dev. Narr.-210511.pdf Report compiled on: April 14, 2021 48 MEMORANDUM TO: Bozeman Planning Board Members FROM: Henry Happel SUBJECT: Sixth Working Session on Goals and Objectives DATE: May 12, 2021 This memorandum is in two parts. The first part sets forth the results of our second through fifth work sessions on Planning Board goals and objectives. In order to both keep a running record of our activities and decisions, and to facilitate our ability to focus on topics currently under discussion, I have highlighted the language that has been added to this Memo or revised as a result of our fifth work session on May 3. I propose that the discussion of goals and objectives at our sixth work session on May 17 proceed as follows: 1. Discussion and resolution of whether to formally request that developers be asked to provide an “advantages” narrative in connection with their development applications to the City. Mr. Pape and I have prepared a draft Memo from the Planning Board to the Department of Community Development which describes this ask. This Memo will be included in the materials for the May 17 meeting and the Board should decide whether or not to finalize this Memo in its current or revised form. (See Section 2 of “Concerning Better Communication of Beliefs and Intentions” on page 4, below) 2. Discussion and resolution of whether the Board, via either participation in early Community Development pre-application meetings with developers or via a memo to developers, should advise developers of the Board’s views on high-level development issues such as density, affordability, and mobility. (See Section 1 of “Concerning Better Communication of Beliefs and Intentions” on page 3, below) 3. Discussion of what role the Board should play in advocating changes to the UDC. At least three approaches are possible: a. Review of and advocation of changes to the Growth Policy, with the expectation that these would lead to changes to the UDC. b. Review of the UDC itself, and advocation of changes to the UDC that are inconsistent with the Growth Policy. c. Advocation of changes to the UDC without regard to their consistency with the Growth Policy. (See Section 3 of “Concerning Better Communication of Beliefs and Intentions” on page 4, below) 49 2 In light of other matters before the Board on May 11, I think these three matters would constitute a full plate for the Board for that evening’s meeting. The second part of this Memo sets forth all of the major proposals, organized by topic, made during our first work session on December 21. I intend that this second part of the Memorandum, as before, serve as the overall agenda for our continuing discussion on goals and objectives. PART I- RESULTS OF PRIOR WORK SESSIONS: Concerning A Better Educated Board: The following two resolutions were passed at our March 1 meeting: RESOLVED: That the Planning Board seeks a properly educated board. In furtherance of this, the City should: 1. Select diverse board members with experience and training relevant to the Board’s overall duties. 2. Provide appropriate initial training to new Board members. 3. Provide on-going training and educational opportunities to all Board members through memberships in the American Planning Association and occasional informal work sessions with senior members of the Community Development Department. Provide reasonable financial resources so that the Board may from time to time have outside speakers present to it on topics of particular interest. RESOLVED: 1.That the Planning Board should take reasonable actions to help ensure that all Board appointees meet the experience standards required by MCA 76.1.224(a). 2. The City Commission representative on the Planning Board should remind Board members of Board openings. Board members are encouraged to make citizens aware of these openings. 3. The City should promptly inform all Planning Board members of citizen applications for open positions as received, and of the content of these applications. Board members are encouraged to make their views on the various applicants known to the City Commission representative on the Planning Board. 4. The Director of Community Development and the Chairman of the Planning Board should be consulted by the City Commission representative on the Planning Board concerning their views on all applicants. 50 3 Concerning Improved Mechanics for Board Meetings: The Board agreed at our March 1 meeting that it would experiment with a revised procedure whereby a matter before the Board would be discussed first, to be followed by a motion concerning the matter, rather than, as has been the case, a motion followed by discussion. At our March 15 meeting, Mr. Happel presented a short document entitled Some Suggestions for the Conduct of Efficient Meetings. The suggestions contained therein were informally but unanimously approved by the Board. Among these (suggestion #5 for Board Members) is a suggestion implementing the revised order for the discussion and motioning of a matter under consideration. Concerning Better Community Outreach: Ms. Costakis and Mr. Pape met with Melody Mileur and Dani Hess to discuss and recommend specific proposals for better communication to the public and better engagement with the public concerning the the activities of the Planning Board. The results are incorporated in a Memo to the Planning Board from them dated April 7. Community Development has circulated a copy of the Memo to the Board. I anticipate that Community Outreach and this Memo will be discussed at our May 17 meeting assuming time permits. Concerning Coordination with Other Advisory Boards: Ms. Madgic has agreed to make arrangements for a joint Planning Board/Zoning Commission meeting to discuss the Growth Policy and related matters. I think it unlikely that the City will green light a Zoom conference with the chairpersons of other Boards whose activities are relevant to the activities of this Board since this matter has become entangled in the City’s consideration of a substantial consolidation of citizen advisory boards. I think all of you received the May 3 email from Melody Mileur with an update containing the City staff’s recommendations about board consolidations. Concerning Better Communication of Beliefs and Intentions: The discussion by the Planning Board at our April and May meetings focused on three issues broadly relating to this topic. 1. Should the Planning Board, or rather a subcommittee of the Planning Board, meet with applicants early on in the application process to provide feedback to the developer concerning the Board’s view of the project? The Board conducted a discussion of this proposal. Several Board members with prior experience with this sort of arrangement spoke in favor of it. One member suggested that 51 4 the subcommittee should be composed of representatives from several citizen advisory boards. Other board members were skeptical of the value of this approach. No decision was made on this matter. Ms. Madgic and Mr. Rudnicki, who had met with Community Development to discuss the current review process utilized by the City, strongly recommended that the Planning Board have Messrs. Rogers and Saunders provide an overview of the process the City utilizes to review and approve major subdivision projects that come before the Board. This suggestion met with the unanimous approval of the Board and the overview was provided to the Board at our May 3 meeting. There was a short discussion afterwards suggesting that some Board members might favor the Board providing a memorandum to developers describing its desires with regard to various high-level issues such as density. 2. Should developers provide a narrative to the City at the beginning of the application process stating why their proposed development would be of benefit to the city? After discussion, the Board at its April 19 meeting unanimously passed a motion that the Board explore a simplified avenue for applicants to communicate in writing to the Board and the City what the applicant believes will be the benefit of their project to the City. At its May 3 meeting, the Board discussed this matter further and agreed that the Board should formally suggest to the City that developers of significant projects should be asked as part of their applications for preliminary plat approval to provide a short narrative describing why they believed their proposed project would be of benefit to the City. Messrs. Pape and Happel agreed to prepare a draft Memo to the City specifying the details of this request for review and approval by the Board at the May 17th meeting. 3. Should the Planning Board attempt to identify significant provisions of the UDC that are inconsistent with the new growth policy and encourage the City to amend these to bring them into conformance? After discussion, the Board at its April 5 meeting unanimously passed a motion in support of this effort, which motion requested that members of the Board give due consideration to areas meeting this criterion. This matter has not as yet been discussed by the Board. In its packet of materials for the May 3 meeting the Board received copies of emails from Mark Egge and from Richard Rudnicki and Jen Madgic on this matter. Mr. Happel suggested at the May 3 meeting that the Board should as an initial matter decide at what level it wishes to engage in a review of the UDC. Concerning Existing Neighborhood Plans: As explained in Chris Saunders’ Memo to the Planning Board of December 16, 2020, neighborhood plans must be consistent with the Growth Policy. The Board agreed at its May 3 meeting to review three existing neighborhood plans for consistency. After the meeting, the following individuals agreed to undertake a preliminary review of the following plans and to report back to the Board at its June 7 meeting: 52 5 Cathy Costakis: North 7th Avenue Corridor Plan Jen Madgic: Bozeman Creek Neighborhood Plan George Thompson: Bozeman Deaconess Subarea Plan. PART II- FIRST WORK SESSION LIST OF IDEAS TO DISCUSS: PROPOSALS CONCERNING PROCESS: Better Educated Board: Select Board members with training and experience relevant to planning. Provide planning-related training to all Board members. Have experts with relevant knowledge speak to the Board on topics of interest (example: form-based codes vs. alternatives). Make an effort to invite the public and inform them as to the relevance and timing of these presentations. Arrange for more meetings with and input from the Director of Community Development. Ensure that every Board member that wants one has an APA membership. Pursue the possibility of the Board having their own pot of funding. Improved Mechanics for Board Meetings: The City should provide technological means for Board motions to be reduced to text and made available to all Board members and other participants as they are made. Board meetings should proceed with a discussion of the matter under consideration followed by a motion, rather than a motion followed by a discussion. Board meetings should proceed with better control over the time allocated to speakers. Better Community Outreach: The Board should undertake or at least support community outreach on the new Growth Policy. The Board should determine ways to obtain more and better public opinion on planning issues, including soliciting the views of different interest groups, different neighborhoods, and different demographics. Better Communication of Beliefs and Intentions: The Board should proactively advise the City and interested private parties, particularly developers, in advance concerning its views on relevant topics such as housing mix, density, and multi-modal transportation. Maybe we consider a preliminary meeting where developers show us their project early in the process and we can let them know if we see concerns? If we do this I would suggest a strict time limit so we don’t overload meetings or push real business for preliminary business. Coordination with Other Advisory Boards: 53 6 The Board should be better informed concerning the goals being pursued by other citizen advisory boards that affect our work and we should seek better coordination among us. Community Plan: After receiving the required annual report from Community Development on actions taken to achieve the goals and objectives of the Community Plan, the Board each year should have a public meeting to review the Plan and determine whether to suggest any amendments to it. The Board should periodically review metrics, both those described in the Community Plan and others as available, to track progress under the Plan and assess if each metric is providing the right data for informed decision making or should be revised. Regional Coordination: We should be looking at how our Board will evolve/change once we become a Metropolitan Planning Organization (MPO). Should we be more thoughtful about how our decisions affect the region as a whole? Should we coordinate more with other jurisdictions? What are the most strategic areas where we can make the most progress especially in light of the new County Commission? Subdivision Review: Staff Reports on proposed subdivisions should address how the development will fit in with existing and anticipated future developments in the City and describe why it is believed that the development will serve the community well over the long term. The Board should always address this issue in subdivision reviews. Staff Reports should describe the context surrounding the proposed development application. They should also describe the major matters of contention, including major resolved matters, between the Department and the developer and within the Department concerning the proposed development. To the extent permitted by the City Attorney’s office, Community Development should shorten Staff Reports by eliminating or at least reducing boilerplate and pro forma provisions. PROPOSALS CONCERNING SUBSTANCE: Unified Development Code: The UDC should be further revised if not re-written. The City’s tentative plan to hire a consultant to do an audit of the current Code should be dropped in favor of hiring professional assistance to do a full re-write of the Code. The Board’s role should be limited to determining if the proposed revised Code is consistent with the Community Plan. The Board should participate in the UDC Community Platform discussions. 54 7 The Board should promote changes to the existing Code that could be agreed to now since the timeline for a total rewrite will be years. Density: The Board should push for increased housing density. Housing Mix: The Board should push for an integrated mix of housing in new and established developments wherever possible. Housing Affordability: The Board should promote policies that will help deal with the affordable housing problem afflicting the City. Equity: We should have an “equity lens” when we look at various projects to ensure that disparities (health, income, environmental, social, etc.) are not being exacerbated but ameliorated. Transportation: The Board should be vigilant about transportation decisions made by the City. The Board should coordinate with the Transportation Coordinating Committee on transportation issues. The Board should push for increased funding for multi-modal transportation projects and increased connectivity within projects. The Board should push for a rewrite of our Complete Streets Policy. Parking: The Board should weigh in on the parking issues facing the City. Fiscal Impacts: The Board should encourage the City to evaluate developments based on balancing the long-term fiscal impacts of infrastructure maintenance and other services such as police and fire with the citizens’ ability to absorb property and other tax increases. There is a fiscal impact of various development patterns (sprawl vs. compact) and this should be considered when we approve subdivisions, large transportation projects, and our codes. City Resources: The Board should encourage the City to find and devote more financial resources to the City’s Department of Community Development, its Building Division, and the Engineering Department. Existing Neighborhood Plans: 55 8 As explained in Chris Saunder’s Memo to the Planning Board of December 16, 2020, neighborhood plans must be consistent with the Growth Policy. The Board should therefor review the existing neighborhood plans for consistency, and if inconsistent, either update or rescind these. We should agree on a mechanism for accomplishing this task. 56 DRAFT MEMORANDUM TO: Bozeman Community Development Department FROM: Henry Happel, on behalf of The Bozeman Planning Board SUBJECT: Statement of Benefits Narrative DATE: __________ Background: Since the approval by the City Commission of the Bozeman 2020 Community Plan, the Planning Board has held discussions about ways to improve the effectiveness of the Board. One of the matters we have discussed is the possibility of additional communication between developers and the Board early on in the development process. This discussion has been triggered in substantial part by the Board’s perception that, when development projects are brought before the Board for approval, it is almost always too late to provide meaningful input. This in part reflects the excellent job that the Department of Community Development does in vetting these projects before you or we formally see them. The Planning Board has not yet come to any conclusions concerning providing input to developers early on. However, the Board has considered and does have a recommendation with regard to early communications from the developer to the City. That recommendation is the purpose of this memorandum. Recommendation: The Planning Board is of the unanimous opinion that the City should ask for, but not require, developers seeking to subdivide either more than_____ acres of land or into more than____ lots to provide to the City, prior to or at the time of their application for approval of a Preliminary Plat, with a written narrative in which the developer would describe why it believes the proposed development would be of benefit to the city. We have in mind a short narrative, perhaps one typewritten page, that would provide concise answers to the following sort of questions: 57 2 -What demand for developed land does this project address? -What is the highest and best use for this property? -How will this project, either directly or indirectly, assist the City and its citizens with its affordable housing goals? -If this is a residential development, how will it relate to existing or proposed nearby supporting commercial developments? -What are the anticipated economic benefits of this project to the community, such as construction expenditures, job creation, and future taxable value of the property once fully developed? -Do you anticipate other benefits to the citizens not elicited by the above questions? The Planning Board is of the view that this narrative should be prominently linked to all communications to the public concerning the proposed development, whether on the City’s website or otherwise. cc: Bozeman City Commission 58