Loading...
HomeMy WebLinkAbout(29d) Response to Required Formal Submittal Checklist 05-14-2021Section 29 – City CDC Memo 03-02-2020 Applicant Responses Bridger Meadows Neighborhood Development PUD Preliminary Plan Application Subdivision Preliminary Plat Application City CDC Memo 3-2-2020 Formal Submittal Checklist Required Revisions – Engineering Specific  Extend secondary access from Commercial Drive to a full width standard. Remove gate. 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 D Preliminary PUD Application and Preliminary PUD Application. The project proposes to provide an emergency access to Commercial Drive that will be paved, gated and locked at the property line. It cannot be used for public access due, in part to physical constraints, and code deficiencies of the alignment and connection of the proposed intersection with Bridger Center Drive, due in large part to the fact that in 2005, the City of Bozeman vacated the portion of Bridger Center’s access easement at Commercial Drive that provided for the opportunity to extend Bridger Center Drive north to Bridger Meadows. In August of 2018, Bridger Center was in front of the City Commission for an appeal of an administrative ruling in which the DRC did not require Golf Course Partners developer of the LINKs development to provide access to Bridger Center’s undeveloped land as required by the following Municipal Code: Sec. 38.400.010. - Streets, general. Relation to undeveloped areas. “When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions.” At an earlier stage in this process, when the City was interested in annexing this County Island, we had been approached by the City Manager and assured by City Engineers and a City Fire Department Director that we could develop Bridger Meadows with the single access At the encouragement of the City Commission and the City Legal Department, Bridger Center and Golf Course Partners (the developer and majority owner of The Links) began Bridger Meadows Neighborhood May 14, 2021 City Responses – Formal Submittal Checklist Page 2 H:\Bridger Meadows PUD\20-0601 PUD Prelim Plan\(29d) Response to Required Formal Submittal Checklist 05-14-2021.docx negotiations, mainly to avoid the costs and lengthy delays a lawsuit with the City would have entailed for all parties. One item of considerable concern of Golf Course Partners, and the Links residents was the unwelcome potential of additional residential cut/through and Commercial traffic from Commercial Center (M-1 Zoning) passing through the Links. At this point in the negotiations with Golf Course Partners, Bridger Meadows approached the City Staff and was assured that full access through the Links and an emergency access would be sufficient to develop the property and that a through access to Commercial was not a big concern of theirs. Based on these assurances, Bridger Center and Golf Course Partners amicably finalized a public access easement through the Links, and Bridger Meadows withdrew their administrative appeal. This easement provided Bridger Meadows the secondary access required by code to develop in the City of Bozeman. In our next three submittals, City Engineering again and again required a full access to Commercial. Several of the City Commissioners are quite familiar with the history of this project and the lengths we have gone over the last eight years to obtain an access; it is for this reason that we are requesting the City Commission, as part of this PUD review process, to approve our second access as an emergency access. See (07) Bridger Meadows Proposed Relaxations and Waivers 20-0925 – Documents Folder Preliminary PUD Application and Preliminary PUD Application.  Revise Shady Glen Lane cul-de-sac to meet fire truck turn around standards which is 96 feet in diameter. The Shady Glen Lane cul-de-sac has been enlarged to comply with fire truck turn around standard of 96’ diameter.  Provide a no-rise analysis by a qualified professional engineer. A no-rise certification for any encroachment proposed with the designated floodway is required. With the new layout there is no encroachment into the floodway.  Include a watercourse setback exhibit that shows zone 1 and zone 2 watercourse setback boundaries. See (36) EX-7 (Watercourse Zones) 09-30-2020 Drawings Folder Preliminary PUD Application and Preliminary PUD Application.  Submit an approved Conditional Letter of Map Revision on Fill (CLOMR-F) from FEMA with formal submittal. Per 38.220.020.A. “The developer must provide the community development department with a copy of all required streambed, streambank or wetland permits, ….. prior to the commencement of any work on the site and/or final plat approval, whichever is sooner.” Bridger Meadows Neighborhood May 14, 2021 City Responses – Formal Submittal Checklist Page 3 H:\Bridger Meadows PUD\20-0601 PUD Prelim Plan\(29d) Response to Required Formal Submittal Checklist 05-14-2021.docx Placing fill within the floodplain fringe for this project will require a floodplain permit from the City of Bozeman. Prior to applying for and obtaining a City floodplain permit, approval from the Federal Emergency Management Agency (FEMA) of a Conditional Letter of Map Revision for Fill Placement (CLOMR-F) will be required. The Applicant is requesting that the Commission allow the CLOMR-F to be provided along with the floodplain permit, prior to construction. Obtaining FEMA approval for this particular projects, which would place a minor amount of fill on the edge of the floodplain fringe and outside of the floodway, is basically an administrative function that we propose to provide in concert with the floodplain permitting process rather than ahead of it. It is understood that the Applicant cannot place any fill until the CLOMR-F and City floodplain permit are both approved, and that a follow-up LOMR-F submittal to FEMA is also required to document that as-built conditions match the proposed design in the CLOMR-F for Final Plat approval.  Revise roadway section to remove impervious area from watercourse setback. In response to City comments and recommendations outlined in the wetlands report the project has undergone various design reiterations and submission. At least 4 plan variations have been formally submitted to the city through the Concept and Preliminary planning application processes along with several informal plans presented for discussion. These have included the proposed Shady Glen Lane both internal to the property and along the north border, as well as proposal that have reduced the homesites from 27 to the now proposed 16 17. Having Shady Glen Lane adjacent to the wetland was advised by planning in the “Path Forward Letter”, in part because at the time we were all under the false impression that Parks was interested in having our Wildlife Refuge as a City Park and street frontage was necessary. However, Parks in the last review, recommended that we provide cash -in lieu instead allowing us to reconfigure the street in a way that our Wetlands Consultant, Lynn Bacon, recommended from the beginning. Because every redesign is costly in dollars and time, and we have had many, Bridger Meadows and Lynn Bacon met with the City Planning Director prior to making this change. The design has returned to proposing the Shady Glen Lane along the northern border of the property and placing the homes as a buffer between street and Wildlife Refuge to limit impacts and better protect the wetlands and wildlife habitat. The realignment of the road eliminates nearly all impact to the pond and wetlands. Valuing federally protected wetlands over city watercourse setbacks and buffers, allows the wetlands to remain in Bozeman rather than having to remove them, to replace them through mitigation credits relocating them to other parts of the state. The conclusion we made was to basically weigh the protection of federally protected wetlands over the watercourse setbacks and buffers the City. To comply fully with City watercourse setbacks and buffers, we would have taken out wetlands instead of protecting them surely an unintended consequence of the regulation. Bridger Meadows Neighborhood May 14, 2021 City Responses – Formal Submittal Checklist Page 4 H:\Bridger Meadows PUD\20-0601 PUD Prelim Plan\(29d) Response to Required Formal Submittal Checklist 05-14-2021.docx See (33a) Site Plan Lot Layout 09-30-2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application. See (34) Site Grading Plan 09-21-2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application. See (35b) Preliminary Plat 09-30-2020. – Drawings Folder Preliminary Plat Application.  The following maps/exhibits are required with formal submittal: o A Map accurately illustrating connectivity between the existing wetlands and East Gallatin River. If there is connection exists, a 50 foot additional setback from the watercourse line must be applied. o A Map illustrating existing floodplain and wetlands (existing conditions). o A Map illustrating the proposed floodplain and wetlands (proposed conditions). o A Phase I Environmental Assessment is required with the Preliminary Plat. See (36) EX-7 (Watercourse Zones) 09-30-2020 Drawings Folder Preliminary PUD Application and Preliminary PUD Application. See (14) Phase I Environmental Site Assessment 03-2019 – Appendix D Preliminary PUD Application and Preliminary Plat Application. Required Revisions – Open Space/Parkland  Ensure that the midblock crossing pedestrian access easement has a 10 foot paved concrete path with 1 foot gravel on each side. The midblock crossing has been eliminated from the plan.  Please provide an open space plan illustrating the different areas (useable vs. unusable). Ensure that wetlands and watercourse setback are displayed on the map.  Identify trail system, recreational uses, trail markers, and amenities on open space plan.  Please provide an Open Space Landscaping Plan. See (45) Bridger Meadows PUD Green Plan REV 09-25-2020 – Drawing Folder Preliminary PUD Application and Appendix E Preliminary Plat Application. See (52a) Bridger Meadows Prelim PUD Landscape Plan Sheets 09-25-2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application. Required Revisions – Plat  Ensure dedicated open space lots have the appropriate plat note on the preliminary plat and an area to fill in the recorded document number.  Remove Lot 28 from Shady Glen Lane.  Revise lot 12 and 13 as they overlap with the pedestrian access easement. See (33a) Site Plan Lot Layout 09-30-2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application. Bridger Meadows Neighborhood May 14, 2021 City Responses – Formal Submittal Checklist Page 5 H:\Bridger Meadows PUD\20-0601 PUD Prelim Plan\(29d) Response to Required Formal Submittal Checklist 05-14-2021.docx See (34) Site Grading Plan 09-21-2020 – Drawings Folder Preliminary PUD Application and Preliminary Plat Application. See (35b) Preliminary Plat 09-30-2020. – Drawings Folder Preliminary Plat Application Required Revisions – PUD Relaxations  Change relaxation for access road to “Section. 38.400.020.A.2. Allow for the public street to be less than 60 feet wide.” o Section 38.400.020.A.2 and 38.400.050.A. A relaxation from the right of way width and sidewalk/boulevard standards is requested.  Eliminate one lot adjacent to the connection to commercial drive to two lots for affordable housing which would assist in widening the access point from the south and eliminate the need for a relaxation. o One lot was eliminated resulting in a duplex lot eliminating the relaxation. With the reduction of lots, only 1.7 affordable homes are now required. Affordable housing homesites have been eliminated from the project proposal due to the recent changes in the MCA implemented by the State of Montana Legislature and signed into law by the Governor. A total of 16 single family lots are now proposed. o Widening the access point to the south is not necessary, as we have proposed an emergency access as allowed by code. See (07) Bridger Meadows Proposed Relaxations and Waivers 20-0925 – Documents Folder Preliminary PUD Application and Preliminary PUD Application.