HomeMy WebLinkAbout(29a) Response to 18574 PA Letter - DRC memo 05-14-2021Page 1 of 11
March 3, 2020
Thomas W. Murphy
1450 Cherry Drive
Bozeman, MT 59715
RE: Bridger Meadows Pre-Application Major Subdivision, Application 18574
Project Location: 185 Endurance Lane, S31, T01 S, R06 E, C.O.S. 885, Tract NW4SE4 12AC.
The plat layout provided with the Bridger Meadows Preapplication does not conform to the City’s current
design regulations. As presented, the subdivision encroaches into the defined watercourse setback, which
contains undisturbed natural riparian and wetland aquatic habitat. As submitted, the Development
Review Committee (DRC) does not support the Bridger Meadows subdivision design unless the applicant
makes substantial changes. The DRC has reviewed the current application and has identified items that
are not compliant with the City’s uniform development code. Please see the following comments for
extended detail and code reference. They are organized by topic and in order of critical issue identified.
Duplicate comments in the form of a checklist are provided that identify the critical issues that need to be
addressed prior to preliminary plat and PUD.
Per section 38.230.090 plan review procedures, the primary focus of conceptual review is to identify site
specific challenges and constraints to critical path elements which will affect review process or submittal
requirements. Staff has NOT performed an exhaustive review. Full review occurs with the formal
application. Further development and site analysis of this proposed project for completion of the formal
submittal is the responsibility of the Design Professional. Additional comments may arise with submittal
of new information or changes to the development.
Regards,
Sarah Rosenberg, AICP
Associate Planner
c: file
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Section 29a – City CDC Memo 03-02-2020 Applicant Responses
Bridger Meadows Neighborhood Development
PUD Preliminary Plan Application
Subdivision Preliminary Plat Application
All references are to the Bozeman Municipal Code (BMC).
Planning Division; Sarah Rosenberg, srosenberg@bozeman.net
Natural Environment
1. The DRC is in support of the proposed lots located north of Shady Glen Lane because these lots
are located outside of the defined watercourse setback, established riparian and wetland
aquatic habitat, the 100-year floodplain, and lastly the floodway. The DRC is not in support of
the lots located south of Shady Glen Lane as they impact above-mentioned items. See
comments below and further analysis from Engineering.
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. The result is the
elimination of ten (10) out of 27 residential lots, a 925% reduction in federally
protected wetlands impacts (from 0.74 acres to 0.08 acres) and a 454% reduction in
floodplain area impacts (from 1.86 acres to 0.41 acres). The 100 year floodway is
unaffected by the currently proposed project.
The proposed development includes “no build” easements on residential Lots 9 through
12 to protect, in perpetuity, existing federally protected wetlands that encroach onto
theselots. The proposed plan and easement language will not allow any disturbance to
these wetlands.
The proposed floodplain fill is localized to Lots 3 through 6. 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 road or railroad bed that is taking up space 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. Due to the net increase in flood storage volume, there will be no net
rise in floodplain water surface elevations due to the project.
See (36) EX-7 (Watercourse Zones) 09-30-2020 – Drawings Folder Preliminary
PUD Application and Preliminary Plat Application.
2. Section 38.410.100 & 38.600. More information is needed on the connectivity between existing
wetlands and the floodplain. Based on our review, it appears that the wetlands are connected to
the East Gallatin River. An additional 50 foot buffer applies to wetlands connected to the East
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Gallatin River. This additional setback requirement impacts many of the proposed southern lots
as well as Shady Glen Lane. With the preliminary plat application, the applicant is advised that a
separate exhibit needs to be provided defining connectivity between the existing wetlands and
the East Gallatin River. See further comments from Engineering.
The prominent natural surface water system is the East Gallatin River, a perennial
stream with typical summer flows of approximately 50 cubic feet per second (cfs). At its
closest point, the Bridger Meadows property is located approximately 110 feet east of
the river. Distance from the river to the closest areas of ground disturbance will be
about 260 feet. There are existing wetlands associated with the river and the site; the
wetlands have been delineated and are shown on the Preliminary Plat (See 35B
Preliminary Plat 09-30-2020 – Drawings Folder Preliminary Plat Application).
This project proposes wetlands impacts of 0.08 acres and floodplain impacts of
0.41 acres. Wetland connectivity is indicated by the 50-foot buffer included in the
existing watercourse setback for connected wetlands, as shown on Exhibit 7. Flood
storage volume will not be impacted; fill within the floodplain will be offset by
excavation within the floodplain. Permits will be obtained for these impacts and submit
with the final applications per UDC Section 38.220.020.
See (14) Phase I Environmental Site Assessment 03-2019 – Appendix D
Preliminary PUD Application and Preliminary Plat Application.
See (36) EX-7 (Watercourse Zones) 09-30-2020 – Drawings Folder Preliminary
PUD Application and Preliminary Plat Application.
3. Section 38.410.100.A.2.d. If a connection between the wetlands and East Gallatin River exist,
the DRC is not in support of the lots that are directly impacted by the watercourse setback
requirements, which includes, Lots 1, 2, 3, 4, 5, 6, 25, 26, and 27.
In response to City comments and recommendations outlined in the wetlands report the
project has undergone various design reiterations and submission. At least 3 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. The recommendation of the Wetlands
Consultant, Lynn Bacon, as well as in response to discussion with the City, 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.
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.
Page 4 of 11
See (35b) Preliminary Plat 09-30-2020 – Drawings Folder Preliminary Plat Application.
4. Section 38.410.100. A planting plan for the watercourse buffer is required with the preliminary
plat application.
See (45) Bridger Meadows PUD Green Plan REV 09-25-2020 – Drawing Folder
Preliminary PUD Application and Appendix E Preliminary Plat Application.
Open Space/Parkland
1. Section 38.420.020.E. The DRC is not in support of allowing parkland dedication within the
watercourse setback.
Dedicated parkland has been removed from the application and the developer will be
seeking a cash in lieu per UDC 38.420.030 and per a recommendation in the City’s
March 3, 2020 memo.
See (20) Parkland Outline 09-28-2020 – Documents Folder Preliminary PUD
Application and Appendix D Preliminary Plat Application.
2. Section 38.420.030. The DRC would be in support of eliminating the requirement for dedicated
parkland and receiving cash-in-lieu for parkland. The area that is within the floodway, floodplain,
and watercourse could be a combined open space lot. This open space lot would require a deed
restriction for wetlands to be associated with it.
After various iterations of the design for Bridger Meadows and having multiple
discussions with city planning representatives, per recommendation we have chosen to
provide cash in-lieu of parkland dedication. By providing fair market cash value in-lieu of
parkland, we maintain the intent to preserve the existing federally protected wetlands
for service as a wildlife refuge and create an extension of the natural environment
surrounding the East Gallatin River and thus complementing the natural areas of the
Glen Lake Rotary Park.
3. Section 38.420.110. The 30’ pedestrian access easement is required to be 10 feet wide and
paved with 1 foot of gravel on each side for access to the man hole.
4. Lots 12 and 13 overlap with the pedestrian access easement. This needs to be adjusted. The side
setback for any structure is 5 feet away from the easement.
The midblock crossing has been eliminated from the plan. As such the pedestrian
easement is no longer applicable as noted in 3 and 4 above.
See (33a) Site Plan Lot Layout 09-30-2020 – Drawings Folder Preliminary PUD
Application and Preliminary Plat Application
See (35b) Preliminary Plat 09-30-2020. – Drawings Folder Preliminary Plat
Application.
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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
General Subdivision Comments
1. The following lot names need to be changed with the preliminary plat:
a. Lot 21, 29, 30 need to be called Open Space Lot with a plat notes that states Lots 21, 29,
and 30 are also used for stormwater purposes.
b. Lot 31 needs to be called an Open Space Lot Wetland per doc ______. The blank space
will be the recorded deed restriction number.
c. The pedestrian access easement needs to be called an Open Space Lot with Pedestrian
Access Easement per doc _______. The blank space will be the recorded easement
number.
d. The road cannot be a lot. Lot 28 needs to be eliminated.
In response to City comments and recommendations outlined in the wetlands report
the project has undergone various design reiterations and submission. At least 3 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. The recommendation of
the Wetlands Consultant, Lynn Bacon, as well as in response to discussion with the
City, 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.
See (33a) Site Plan Lot Layout 09-30-2020 – Drawings Folder Preliminary PUD
Application and Preliminary Plat Application
See (35b) Preliminary Plat 09-30-2020 – Drawings Folder Preliminary Plat Application.
2. In order to accommodate for the appropriate access width from the south, lot 24 should be
eliminated. This then alleviates the need for a relaxation request to allow for dwellings in three
household dwelling configurations. Cash-in-lieu for the additional .2 could be provided. Ensure
that the lot width meets the 30 foot width requirement.
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, thus eliminating the need for a relaxation request. The number
of standard lots has been adjusted to a total of 16 through the combining of the previously
identified affordable lots 16 and 17 into one standard lot (now known as lot 16).
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Affordable housing homesites have been reduced from three to two, thus eliminating the
need for a relaxation request. With the number of standard lots reduced to 15, the
required total number of affordable homesites is 1.7 per UDC 38.380.060. Two affordable
homesites are provided.
The second access is proposed as a gated emergency access, within an existing easement
to Commercial Drive. 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 of the alignment of the extension of Bridger
Center Drive at the proposed intersection at Commercial Drive to Bridger Meadows.
(location of easement and intersection issues)
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
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.
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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 second 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 Plat Application.
3. Clarify whether or not the light dashed line within each lot is the building envelope.
Building setbacks are defined on the preliminary plat documents by light gray dashed
lines. Building envelopes will be developed by individual lot owners over time as the lots
are developed and will be within the building setbacks as required.
See (35b) Preliminary Plat 09-30-2020 – Drawings Folder Preliminary Plat Application.
4. Section 38.220.060. The following supplements need to be part of the preliminary plat. None of
these are waived. See section for further details.
a. Surface Water
b. Floodplains
c. Groundwater
d. Geology; soils; slopes
e. Vegetation
f. Historical Features
g. Agriculture
h. Agricultural water user facilities
i. Water and sewer
j. Stormwater management
k. Streets, roads and alleys
l. Utilities
m. Educational facilities
n. Parks and recreation facilities
o. Neighborhood center plan – also part of the PUD requirements.
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p. Miscellaneous
q. Affordable Housing
See (20) Bridger Meadows Supplements Narrative 10-01-2020 – Documents
Folder Preliminary Plat Application.
Division Comments:
1. Engineering Division, Anna Russell, arussell@bozeman.net, 406-582-2281
a. See attached comments.
Standard Code Provisions:
The preliminary plat must comply with the standards identified and referenced in the Unified
Development Code. 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 deviation or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are
standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and must be
addressed with the preliminary plat application. Other standard code provisions may apply:
1. The preliminary plat shall conform to all requirements of the Unified Development Code of the
Bozeman Municipal Code, and the Uniform Standards for Subdivision Plats (Uniform Standards for
Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM).
See (35b) Preliminary Plat 09-30-2020 – Drawings Folder Preliminary Plat Application.
2. Section 38.240.410 “Landscaping of Public Lands” – Installation by the developer of vegetative
ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips
along all external perimeter development streets and adjacent to public parks or other open
space areas is required with the final plat application.
See (52a through h) Bridger Meadows Prelim PUD Landscape Plan 09-25-2020 –
Drawings Folder Preliminary PUD Application and Preliminary Plat Application.
3. Per Section 38.240.420, BMC - Mortgagee. If there are liens or mortgages against the property,
the appropriate Mortgagee certificate must be included.
Not Applicable.
4. Section 38.240.050, BMC - 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.
Not Applicable with this Application (preliminary).
5. Section 38.410.050, BMC - 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. All easements must be described, dimensioned and shown
on the final plat in their true and correct location.
See (33a) Site Plan 2 Site and Utility Plan 08-2020 – Drawings Folder Preliminary PUD
Application and Preliminary Plat Application.
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6. Section 38.410.080.G Finish Grade. All finish grades in landscaped areas must comply with the
provisions set forth in Section 38.26.050.L.
See (34) Site Plan C-1 Grading Plan 08-2020 – Drawings Folder Preliminary PUD
Application and Preliminary Plat Application.
7. Section 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. A visual inspection notes that some of the stormwater
facilities do not copy with this section including the 25% maximum slope.
See (52a through h) Bridger Meadows Prelim PUD Landscape Plan 09-25-2020 –
Drawings Folder Preliminary PUD Application and Preliminary Plat Application.
8. Section 38.570.030 Lighting. If street lighting is proposed or required all lighting must comply with
the requirements of Section 38.570.030, BMC.
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 10-02-2020 – Documents Folder Preliminary PUD Application.
9. Section 38.420.090, BMC - Waiver of Park Maintenance District. Executed waivers of right to
protest the creation of special improvement districts (SIDs) for a park maintenance district will be
required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed
with annexation.
Not Applicable with this Application (preliminary)
10. Section 38.240.450, BMC - 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
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Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
Not Applicable with this Application (preliminary)
11. Section 38.220.050 requires that any noxious weeds be identified and mapped by a person with
experience in weed management and knowledgeable in weed identification. A noxious weed
management and revegetation plan, approved by the County Weed Control District, must be
submitted with the preliminary plat.
See (16) Noxious Weed Management Plan – Appendix D Preliminary PUD Application
and Documents Folder Preliminary Plat Application.
12. Article 6. The certificates listed in Section 38.240.400 through 38.240.530 shall be shown on plat
and certificates of survey, as appropriate.
See (35a) Preliminary Plat Certificate of Dedication 09-30-2020 – Drawings
Folder Preliminary Plat Application.
See (35b) Preliminary Plat 09-30-2020– Drawings Folder Preliminary Plat
Application.
See (35c) Preliminary Plat Easements 09-30-2020– Drawings Folder
Preliminary Plat Application.
13. Article 41. All preliminary plat requirements, as outlined in Article 41, shall be provided with the
preliminary plat submittal, unless otherwise approved by the Development Review Committee via
waiver.
See (20) Bridger Meadows Supplements Narrative 10-01-2020 – Documents
Folder Preliminary Plat Application.
14. Section 38.240.050, BMC –Subdivision pre-application plan. The plans must clearly show the
subdivision layout and not only describe but also label all existing and proposed subdivision
blocks, tracts, and lots.
See (33a) Site Plan 2 Site and Utility Plan 08-2020 – Drawings Folder
Preliminary PUD Application and Preliminary Plat Application.
See (35b) Preliminary Plat 09-30-2020– Drawings Folder Preliminary Plat
Application.
15. A complete preliminary plat application shall be submitted to the Community Development
Department within one calendar year of the date the Community Development Department
dates, signs and places pre-application comments in the outgoing mail.
Complies.
These Divisions did not provide or have no comment. Please contact reviewers directly with specific
questions.
1. Solid Waste Division, Russ Ward, rward@bozeman.net, 406-582-3235
2. Building Division, Bob Risk, brisk@bozeman.net, 406-582-2377
3. Sustainability Division, Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
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4. Water Conservation, Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265
5. Stormwater Division, Kyle Mehrens, jkmehrens@bozeman.net, 406-582-2270
6. Forestry Division, Alex Nordquest, anordquest@bozeman.net, 406-582-3225
7. Water and Sewer Division, John Alston, jalston@bozeman.net, 406-582-3200
8. Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2353
9. Parks and Recreation, Addi Jadin, ajadin@bozeman.net, 406-582-2908
10. NorthWestern Energy, Cammy Dooley, cammy.dooley@northwestern.com
11. Floodplain Engineer, Brian Heaston, bheaston@bozeman.net