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HomeMy WebLinkAbout(07) Bridger Meadows Proposed Relaxations 05-14-2021 draft document 4515 Valley Commons Drive #201, Bozeman Montana 59718 P: 406.585.4161 F: 406.585.6919 www.bechtlearchitects.com May 14, 2021 Section 07 – List of Relaxation and Waiver Requests Bridger Meadows Neighborhood Development PUD Preliminary Plan Application Subdivision Preliminary Plat Application List of Proposed Relaxations. The following relaxation requests are in accordance with and in response to the recently completed Concept Application and Pre-Application, submitted December 2019, and per direction provided by the City of Bozeman, Director of Community Development, letter dated May 3, 2109. Based on direction received during these prior PUD submission applications and along with response to existing conditions, the Bridger Meadows Neighborhood development application will look to request the following relaxations and waivers. Relaxations requested as part of this PUD application will include the following: • Section 38.400.010.A.8. A relaxation/waiver from a second means of access requirement is requested. An emergency access will be provided in lieu of a second means of public access. • Section 38.400.010.A.9. A relaxation allowing a cul-de-sac is requested. • Section 38.400.020.A.2 and 38.400.050.A.1 A relaxation from the right of way width and sidewalk/boulevard standards is requested. • Section 38.400.080. A relaxation from the requirement for a sidewalk along both sides of the street is requested. • Section 38.410.040.B. A relaxation from the block length requirement is requested 4 3 through 14. • Section 38.410.100.A.2.c.4 A relaxation from the watercourse setback requirements is requested. • Section 38.570.030. A relaxation from standard streetlighting is requested. Per the City of Bozeman DRC Comments Letter dated December 22, 2020, this relaxation is not required and is therefore Not Applicable to the Application. Justification for the above requested relaxations is presented below. Access - Streets and Roads Per Section 38.400.010.A.8, there must be a second or emergency access. The Applicant is requesting a relaxation from the requirement for a second means of public access to the site, but instead plans to provide an emergency access built to the applicable standards for such an access. Public access is provided via The Links Condominiums via a proposed extension of their existing access drive. The proposed extension is in accordance with the easement included in (49) Links access easement – Appendix E Preliminary PUD Application and Preliminary PUD Application. The project proposes to provide an emergency access to Commercial Drive that will be paved and gated at the property line. In accordance with Fire Department requirements, the proposed vehicle gate is a swing gate with 20-foot clear width and a Knox padlock to prevent non-emergency/private vehicle use. The emergency access will enhance safety in the area by serving not only the proposed Bridger Meadows Neighborhood development, but at the same time providing a currently unavailable Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application List of Relaxations and Waiver Requests Page 2 h:\bridger meadows pud\20-0601 pud prelim plan\(07) bridger meadows proposed relaxations 05-14-2021 draft.docx emergency access route to the existing cul-de-sacs of Bridger Center Drive and Commercial Drive. A second access is not feasible except as an emergency access located between two existing warehouses, within an existing easement to Commercial Drive. It cannot be used for public access due, in part, to physical constraints on the alignment and connection to Commercial Drive that were created when the City vacated an easement providing for realignment and extension of Bridger Center Drive to Bridger Meadows. Other locations for public access are not possible due to the presence of critical lands, access control, and adjacency to parks. We would request that the City Commission rule to approve this relaxation. Many of the members of the Commission are aware of the historic access issues that have impacted this county island and the lengths that were taken by Bridge Center LLC, at the encouragement of City Legal and the prior City Commissioners, to negotiate an access easement through the Links. Per Section 38.400.010.A.9, cul-de-sacs are generally prohibited. The Applicant is requesting a relaxation to allow a cul-de-sac street on the project. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands (i.e., wetlands), lack of other options for legal access, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of cul-de-sac where deemed appropriate”. To provide access to the interior homesites, this project requires a cul-de-sec due to topography, the presence of critical lands, (i.e. wetlands) lack of other options, and adjacency to parks, (Glen Lakes Rotary Park) and open spaces (proposed on site wildlife habitat). The property is currently set up with access at the southeast corner: public access to the west via The Links Condominiums to Birdie Drive, and emergency access to the south via Bridger Center Subdivision to Bridger Drive. There is no other means of legal access to the site: adjacent properties to the east and south are fully developed with private lots and buildings; to the west is the Glen Lake Rotary Park with trails and the East Gallatin River; to the north, although the Applicant made numerous attempts to obtain one, Bridger Creek Subdivision will not allow a public access easement to Boylan Road. A pedestrian walk connecting the subdivision to the existing trail system is provided about 80 feet east of the cul-de-sac adjacent to Lot 1. Another access at the end of the cul-de-sac would be inappropriate. It would require a longer connection to existing trails that would increase impacts to existing wetlands, and it would be less centrally located to the proposed residential lots than the currently proposed location. Per Section 38.400.020.A.2 Private Streets – Private Streets and Section 38.400.050.A.1. Streets and Right- of-Way width and construction standards require a 60’ right of way. The Applicant is requesting relaxations to right-of-way width and construction standards on the northeast side of Shady Glen Lane where it parallels an existing pedestrian trail. The relaxations are needed to eliminate impacts to existing wetlands west of the street while allowing adequate space for the street, pedestrian access, and the residential lots. The requested relaxations affect only the areas between the curb and right-of-way; the street itself will meet all City standards for a local street including curb-to-curb width, slopes and horizontal alignment. The relaxations are requested for Shady Glen Lane from approximately Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application List of Relaxations and Waiver Requests Page 3 h:\bridger meadows pud\20-0601 pud prelim plan\(07) bridger meadows proposed relaxations 05-14-2021 draft.docx Station 12+00 to 20+00. They provide all the required services within a 50’ right-of-way. Each relaxation is described below. 1. Provide an attached 5’ sidewalk on the southwest side of Shady Glen Lane, in lieu of the standard detached sidewalk and boulevard. Shady Glen Lane is proposed as an extension of the existing access drive through The Links Condominiums, which also has an attached 5’ sidewalk on the south side. There are no residential lots on the northeast side of Shady Glen Lane in this area. Snow will be removed and stored on the northeast side of the street, in a 7’ wide landscaped area extending from the curb to the property line. The street will be privately maintained. To take the place of boulevard trees adjacent to residential lots, the Development Guidelines will require trees to be planted on each lot near the right-of-way line. 2. Eliminate the sidewalk on the northeast side of Shady Glen Lane. This is proposed for two reasons: in this area there are no lots fronting the northeast side of Shady Glen Lane; and an existing, established pedestrian trail parallel to and less than 10 feet away from Shady Glen Lane can accommodate pedestrian traffic along this side of the street. The 7’ wide landscaped area between the back of curb and the property line will be used for snow storage, so snow will not be pushed onto the southwest side sidewalk. See Relaxation 4. Section 38.400.080 below. 3. Reduce Shady Glen Lane right-of-way width from 60 feet to 50 feet. The reduction in right-of-way width is appropriate in combination with the above-requested relaxations: with an attached sidewalk on one side and no sidewalk on the other side, 50 feet is adequate to meet the underlying reasons for a 60-foot right-of-way as a City standard. In addition, there is no possibility of increased traffic on this street, so no possible need for widening it. The street itself meets City curb-to-curb width standards and has not been reduced in size. Per Section 38.400.080 sidewalks shall be constructed in all developments on all public and private street frontages. The Applicant is requesting a relaxation to allow the omission of a sidewalk along the northeast of Shady Glen Lane from approximately station 12+00 to 18+00. Refer to relaxation request and justification above under UDC 38 .400.050.A.1. Sidewalks will be provided on both sides of the Shady Glen Lane in all other areas. The proposal looks to place the new road (back of curb) adjacent to a boulevard along the property boundary. The existing Story Mill Spur Trail will run parallel to Shady Glen Lane for the proposed relaxation area. The existing trail will be within 5 feet of the property line boundary and is within 10’ of the new Shady Glen Lane. The project proposes to provide sidewalks along the entire southwest side of Shady Glen Lane starting at the Links access and continuing through and around the cul-de-sac. The sidewalk will transition at the northeast side of the cul-de-sac into the existing Story Mill Spur Trail providing continued and uninterrupted pedestrian access. Per Section 38.410.040.B. block length must not be designed, unless otherwise impractical to be more than 400’ in length. The Applicant is requesting a relaxation from the preferred maximum block length. The block length requirement is relevant to developments with a grid type street layout that creates several blocks, rather than a development composed entirely of a single cul-de-sac. Bridger Meadows Neighborhood looks to provide a trail connection and break about 80 feet east of the cul-de-sac, adjacent to Lot 1 and approximately 600’ northwest of the proposed emergency access. The Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application List of Relaxations and Waiver Requests Page 4 h:\bridger meadows pud\20-0601 pud prelim plan\(07) bridger meadows proposed relaxations 05-14-2021 draft.docx existing Story Mill Spur Trail will run parallel to Shady Glen Lane along the 600’ length. Breaks in block length will be provided at the emergency access and at Common Open Space 01 allowing for connection to the trail. Per Section 38.410.100.A.2.c.4 The developer must mitigate impacts on adjacent watercourse. The Applicant is requesting a relaxation of the requirement to extend the watercourse setback to the edge of any delineated 100-year floodplain (UDC 38.100.A.2.c.4.a), and the requirement to include connected wetlands (UDC 38.100.A.2.c.4.d). Regarding the first requirement, the Applicant proposes to place fill within the 100-year floodplain fringe (i.e., outside the FEMA-defined 100-year floodway) on the south/west side of Lots 3, 4, 5, 6, 9, 10, 11 and 12 of the proposed development. In addition, it is proposed to excavate and remove existing soil from the 100-year floodplain fringe west of Lot 6. The fill material being removed is an historic artificial fill from an old road or railroad bed, so this area is being mitigated to resemble the previous, historic elevations prior to fill placement. The excavation and fill areas are in a “backwater” area of the floodplain. The change in flood storage volume is a net gain, so the proposed grading actually enhances floodplain storage volume as compared to existing conditions. It is proposed to revise the 100-year floodplain boundary to account for the above re-grading, in accordance with FEMA regulations. Regarding the second requirement, the Applicant proposes to place fill within the wetlands in Lot 4 (impact = 0.060 0.035 acres) and in Lots 10, 11 and 12((impact = 0.044 acres). It is also proposed to install a pipe outfall west of lot 15 into the south end of the existing pond (impact = 0.008 acres). A 404 permit application (13a-b) Wetlands Review TQ City Submittal Bridger Center Revised 09-25-2020 – Documents Folder Preliminary PUD Application and Appendix D Preliminary Plat Application will be submitted as part of the final plat application to cover these impacts plus impacts to install utilities to Boylan Road for a total project impact of 0.080 0.091 acres. In order to address comments on the preapplication plan that are primarily related to wetlands and floodplain impacts, the project was completely redesigned resulting in elimination of 10 residential lots and a 925% 813% reduction in wetlands impacts (from 0.074 acres to 0.080 0.091 acres). To meet the City’s stated goals with respect to Planned Unit Developments and promoting infill housing, a further reduction in lots would be counterproductive. The wetlands delineation report is attached to this submittal (13a-b) Wetlands Review TQ City Submittal Bridger Center Revised 09-25-2020 – Documents Folder Preliminary PUD Application and Appendix D Preliminary Plat Application. It is proposed to revise the watercourse setback following approval of, and construction in accordance with, the FEMA (CLOMR) and 404 permits which will be submitted with the final applications per UDC Section 38.220.020. Rather than increasing wetlands impacts to account for a 50-foot buffer, it is also proposed to reduce the buffer width to protect the wetlands near these lots rather than increasing wetlands impacts to account for the required 50-foot buffer width. (36) EX-7 Watercourse Zones 09-30- 2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application identifies the proposed watercourse setback and buffer width. They are also shown on the Preliminary Plat. The proposed buffer width varies. Minimum proposed buffer width by lot for the residential lots is as follows: Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application List of Relaxations and Waiver Requests Page 5 h:\bridger meadows pud\20-0601 pud prelim plan\(07) bridger meadows proposed relaxations 05-14-2021 draft.docx Lot No. Minimum Proposed Buffer Width (ft.) Lot No. Minimum Proposed Buffer Width (ft.) 1 not applicable 9 0 26.0 2 not applicable 10 0 26.0 3 not applicable 11 0 26.0 4 not applicable 12 0 26.0 5 not applicable 13 21 28.5 6 13.4 14 23 29.2 7 8 13.4 40.7 15 50 not applicable 8 20 40.0 16 not applicable 8 23.9 40.0 17 not applicable The project as currently proposed provides a good balance meeting many of the City’s goals for infill development as stated in the UDC and the growth policy, while also protecting existing wetlands to the extent feasible. The Wetland Review TQ City Submittal document, (13a-b) Wetlands Review TQ City Submittal Bridger Center revised 09-25-2020 - City Submittal and Appendix D Preliminary Plat Application), has been provided by our wetlands specialist in support of this relaxation. Extreme efforts have been made to address disturbance of existing wetlands and the East Gallatin River floodplain. To address comments on the preapplication plan that were primarily related to wetlands and floodplain impacts, the project was completely redesigned in accordance with suggestions by the reviewers and our wetland consultant Lynn Bacon. The result is the elimination of ten (10) out of 25 residential lots, a 925% 813% reduction in federally protected wetlands impacts (from 0.74 acres to 0.08 0.09 acres) and a 454% 477% reduction in floodplain area impacts (from 1.86 acres to 0.41 0.39 acres). The 100 year floodway is unaffected by the project. The proposed development includes “no build” easements on residential Lots 9 through 12 to protect, in perpetuity, existing federally protected wetlands that are adjacent to these homesites. The proposed plan, easement language, and covenants will not allow any disturbance to these wetlands. The proposed floodplain fill is localized to Lots 3 through 6 and lots 9 through 12. The amount of 100-year flood storage volume lost due to fill placement is more than offset by excavation proposed within the floodplain fringe, west of Lot 6. The excavation area is an historic artificial fill from an old railroad bed that is taking up flood volume within the existing floodplain; this fill was placed prior to the current FEMA floodplain mapping and report. This project proposes to restore elevations to resemble the elevations prior to fill placement, and to re-plant existing wetland vegetation mats from impacted wetlands into this area. Due to the net increase in flood storage volume, there will be no net rise in downstream floodplain water surface elevations due to the project. In support of the proposed wetland buffer width reductions, the following measures are proposed, incorporated into the project’s Design Guidelines and will be enforced by the Property Owners Association: 1. The Building Design Guidelines will include a requirement, enforced by the Property Owners Association, for each individual lot owner to route their roof drainage to rain barrels or on site infiltration facilities, or to surface drain the runoff to the front side of the lot where it will collect in the street (this does not apply to Lots 15 and 16 and 17, all of which will drain to the surface Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application List of Relaxations and Waiver Requests Page 6 h:\bridger meadows pud\20-0601 pud prelim plan\(07) bridger meadows proposed relaxations 05-14-2021 draft.docx retention basin). This will greatly reduce the volume of direct runoff toward the wetlands by directing almost all impervious area runoff from residential development to Shady Glen Lane. Prior to discharge, effective sediment removal will be provided in the underground storage and treatment facility located between Lots 7 and 8. This facility will also greatly reduce peak runoff from most storm events, resulting in a slow release that will further protect existing vegetation downstream of the pipe outfall and riprap energy dissipator. 2. The back yard areas of lots near the wetlands will be filled close to street level as part of the infrastructure (street and utility) construction and before lots are developed. This will create a steep fill slope at the back lot lines in the 20’ rear setback area. The slope will be planted with native grasses that will remain in place during and after lot development and will be protected by lot restrictions in the Building Design Guidelines. Storm runoff from top of slope areas likely to be planted with lawn and other non-native plantings will drain as sheet flow over the slope. The 15 to 30 feet or more of native vegetation will intercept, filter and infiltrate the small amount of runoff from the highly pervious back yards, making for an effective buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. 3. The rules and regulation and signage will restrict trail users, development residents, community, their pets from entering sensitive wetland areas. Disposal of grass or yard clippings, trash or other materials in the wetland buffer will be prohibited. Signage will be posted denoting the wildlife refuge and pet restrictions. The HOA rules and regulations require homeowners to use phosphorous free fertilizers in their backyards and to not dispose of trash, grass clipping or yard waste in wetlands. Signage will be posted noting the restrictions of pets from the wildlife refuge, playground area and pond viewing locations. 4. Construction-related sediment will be intercepted during and after fill placement in accordance with MPDES stormwater discharge requirements. This will include silt fence, wattles or other filtration measures. The treatment measures will be closely monitored and inspected after storm events and repaired immediately as needed to prevent sediment transport into the wetlands. Per Section 38.570.030 standards for street lighting. The Applicant is requesting a relaxation of the requirement for street lighting to comply with the Design Standards and Specifications Policy, Section IV.J. 1.c, in order to allow use of individual pole mounted yard lights for street lighting. The project requests allowing the use of individual pole mounted yard lights in place of standard streetlights lessen impact on wildlife and the surrounding habitats and promote the City’s Dark Sky goals. The project would look to propose residential lamp posts as part of the homesite development to provide ambient and supplement pathway lighting throughout the neighborhood. This precedence exists and is consistent with other City of Bozeman neighborhoods and provided a more neighborhood character in lieu of large streetlamps. Streetlamps will be required to be installed at each homesite lot and placed on a light sensor to automatically turn on and off as ambient light dissipates. See (28) Draft Design Guidelines 10-01-2020. Per the City of Bozeman DRC Letter dated December 22, 2020, this is not required and is therefore not applicable to the project.