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HomeMy WebLinkAbout(31) 20350 (PUD) DRC Comments Applicant Responses 05-14-2021 Section 31 - DRC Responses - PUD Bridger Meadows Neighborhood Development PUD Preliminary Plan Application 20350 Subdivision Preliminary Plat Application 20351 Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres Project Description: Pre-plat and PUD to create a major subdivision that includes 16 17 single family household lots, 2 of which will be designated affordable housing lots. The development also includes a 7.15 acre wildlife refuge and wetland preservation site and .052 acres of open space. The property is zoned R-1. Six (6) relaxations (reduced from the original 7) are requested with this application. This project includes a Preliminary Plat and comments on that application are affiliated with application number 20351. Recommendation: The DRC review finds that the project does not comply with the requirements of the Bozeman Municipal Code and is deeming the application inadequate for further review. Please see comments below that need to be addressed or clarified with the Revisions submittal. In response to the City provided comments, the Applicant has provided the following updates, corrections and modifications as noted below in Blue. Section 2 – Recommended Conditions of Approval 1. 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. The Applicant has noted this comment. 2. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. The Applicant has noted this comment. 3. Trail totems shall be installed at the entrances of the trail. Final design of the trail totem must be approved by the Parks Department. The Applicant has addressed this in Section 24, Signage Plan Outline. The design intent is to provide signage and trail totems similar in design to those already utilized and prevalent elsewhere in the City to promote familiarity and consistency. It is understood that trail totem designs shall be approved by the parks department. See (24) Subdivision Signage. 4. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual recordable documents or thorough the subdivision exemption review process prior to final planned unit development plan approval. Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 2 The required 10 foot wide front yard easement is noted on the Preliminary Plat. 5. Public access easements must be provided for as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. Common open spaces 01, 02, and 04 have been designated as publicly accessible open spaces as they provide trail connectivity to adjacent trail systems outside the Bridger Meadows development and community spaces within the development. In a follow-up conversation with City Planning, it was determined that declaration of public access to this parcel should be designated with a note on the plat. See (33a) Site Plan- Lot Layout and (52a) Bridger Meadows Preliminary PUD Landscape Plan L000 site Plan. 6. No property may be removed from the PUD or covenants without written approval of the City of Bozeman. The Applicant has noted this comment. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. The Applicant has noted this comment. Section 3 – Requested Relaxations: The following relaxations are proposed. Comments are made to each individual relaxation: 1. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. There are two approaches that can be taken based on this relaxation. Conditions of approval will be created based on the direction you choose. See below. a) The DRC is able to conditionally waive the requirement to provide a second or emergency access. The relaxation can be removed if the following are met: i. Provide a 10 foot pedestrian access easement from Commercial Drive up to the property to connect to the trail to the north. See the image below for further comments on the trail: Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 3 ii. With the removal of the secondary emergency access, every house must have fire sprinklers. The Applicant chooses to proceed with Option i and provide the emergency access. We believe this to be the most appropriate solution for the property. The emergency access will greatly improve fire safety and access for emergency response vehicles serving Bridger Meadows, The Links Condominiums and Bridger Center Commercial area by providing an otherwise un-attainable second access. In cooperation with the City Engineering Department, Bridger center has redesigned the Emergency access as follows. The offsite portion of the emergency access is shown on (54) Exhibit 11, Emergency and Pedestrian Access – Offsite Area Appendix E Preliminary PUD Application and Preliminary Plat Application. - The emergency access will be 20 feet wide, and will be utilized as a pedestrian/bicycle access as well as an emergency access. Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 4 - The offsite portion will be paved with an 18-foot width of asphalt bordered by 1-foot wide concrete pavement borders on each side. - An ADA-accessible sidewalk will be constructed on the north side of Commercial Drive, from the intersection with Bridger Center Drive to the emergency access. - The emergency vehicle gate (along south boundary of Bridger Meadows) will be 20 feet wide, with a Knox padlock. - West of the vehicle gate will be a separate, un-gated opening for pedestrian/bicycle access. The pavement will be flared to provide paved access through this opening. The Applicant has added a crosswalk across Shady Glen Lane at the west side of its intersection with the emergency access. This crosswalk will connect to the existing trail system located north of the intersection. b) If keeping the relaxation to accommodate the emergency access, the following corrections are required: i. Line up emergency access to be in the center of the 60’ easement to the south. The emergency access has been shifted west to meet this requirement. ii. Provide a no access strip on emergency access – lots 15 and 16 cannot have access to the emergency access A no access strip has been added to the Preliminary Plat. iii. Provide a sidewalk on one side of the emergency access. Per discussions with the City Engineering Department, the gated emergency access will double as a pedestrian and bicycle path in lieu of a separate sidewalk. An open, un-gated pedestrian access will be provided on the west side of the locked vehicle gate. A crosswalk will be provided to access the existing trail north of Shady Glen Lane. A sidewalk will be installed in the north side of Commercial Drive, from the emergency access to the intersection of Commercial Drive and Bridger Center Drive. See (54) EX-11 Emergency and Pedestrian Access - Offsite Area 02-26-2021 iv. This road will need to be extended to Commercial Drive and offsite improvements are required. The Applicant has noted this comment. The required improvements, as per our meeting with the City Engineering Department, have been incorporated. Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 5 2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. The DRC is in support of this relaxation with fire lane restrictions and the requirement that no parking is allowed on the street. The Applicant has confirmed with the City of Bozeman Fire Department that they will not allow parking in the emergency access or the cul-de-sac. The City of Bozeman Fire Department has indicated support of parking on both sides of Shady Glen Lane as street widths meet the standard width requirements as designated by the City of Bozeman UDC. 3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. The DRC is in support of this relaxation. The Applicant has noted this comment. 4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. The DRC is in support of this relaxation. The Applicant has noted this comment. 5. 38.410.040.B. A relaxation from the block length requirements. The DRC is in support of this relaxation. The Applicant has noted this comment. 6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. With the information provided, the DRC cannot find that the relaxation meets the intent of 38.430.030.A.4.c. In order to gain support for this relaxation, more information is required: i. Per the newly adopted Bozeman Community Plan, protecting the ecosystem is a theme highlighted in the plan. Included in the narrative requesting this relaxation, further explain how the ecosystem surrounding the development will be protected. This should include how the areas that will be graded will be revegetated, how impacts to the water quality will be mitigated, and how to retain a buffer between the development and the wetlands to keep people out as to not impact the wildlife and the sensitive environment. The Applicant has noted this comment. Section 07 – List of Relaxation and Waiver Requests has been updated to include additional information pertaining to the protection of the ecosystem. Please refer to Section 07 for additional details. ii. The lot line needs to be adjusted so that the proposed watercourse setback and 100-year floodplain is outside of the lot line or the proposed watercourse setback needs to be removed from the lots In cooperation with the Engineering and Planning Departments, the lot lines, proposed 100 year floodplain and proposed wetland impacts have Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 6 been adjusted such that all lots are completely outside of the proposed watercourse setback and the 100 year floodplain. See (36) EX-7 Watercourse Zones and (55c) EX-C Wetlands Site Exhibit. 7. 38.570.030. A relaxation from the standard street lighting to allow for individual pole mounted `yard lights in lieu of street lights. Per the Engineering Design Standards, local streets do not require street lighting. This relaxation can be removed. Ensure that the pole mounted yard lights are full cut off to comply with the dark sky ordinance. Include specs of the proposed lights in the Design Manual The Applicant has noted this comment. Section 07 – List of Relaxation and Waiver Requests has been updated to reflect that this relaxation request is not applicable or required for the project. The Building Design and Landscape Guidelines and Regulations, (DRG) has been updated to include a proposed approved night sky compliant pole mounted light fixture to be used for all residences in the subdivision (subject to continued manufacturer availability. Should the light be discontinued, the HOA would approve an alternative night sky compliant fixture similar in appearance to the one provided in the DRG’s). Section 4 – Required Code Corrections Planning Division, Sarah Rosenberg, srosenberg@bozeman.net, 582-2297 1. See attached marked up Design Guidelines for comments. The Building and Landscape Design Regulations and Guidelines have been updated and corrected per the markup provided by City of Bozeman Planning Department on December 22, 2022. Please note the following. a. Language has been updated to reference need for applicable City reviews in addition to Architecture Review Committee (ARC) requirements. b. Reference photos have been updated/changed to images that depict a setback garage when a garage is visible. c. The Applicant has noted the comment regarding City lot setbacks vs those noted in the DRG’s. Note the setbacks indicated in the DRG are consistent with those currently enforced by the City as of this writing. It is the Applicants intent to retain these setbacks even if the City codes change in the future. Essentially it is the intent to protect the property owners should the codes become less restrictive by maintain a consistent building placement over time and base our setbacks on those currently enforced at the time the PUD is approved. d. Reference to multi household has been deleted from the document. e. Building heights have been changed to reference those enforced by the Bozeman Municipal Code. f. Landscape regulations and guidelines have been updated to be more specific in terms of planting requirements Bridger Meadows Neighborhood May 14, 2021 PUD Preliminary Plan Application 20350 - DRC Responses Page 7 g. A standard street/yard lamp post and light specification has been added to the DRG to include a development standard night sky compliant fixture to be provided by all lot owners at the time of construction. (See Section 3 item 7 above). 2. 38.430.090.E.2.a(7) Performance points – The 68.76 points from open space is insufficient. In order to have physical open space that counts towards the performance points, it must be useable. The wildlife refuge cannot be counted towards open space performance points since it is not a usable space. The only portion of the open space that can be counted towards the performance points is that which is usable. Please revise the performance point’s calculation. The DRC would be in support of obtaining performance points through off-site park improvements or cash-in-lieu of open space. Calculations for cash-in-lieu for open space are the same as cash-in-lieu for parkland. Please follow up with Addi Jadin to determine the cost of cash-in-lieu or any off-site park improvements that could be implemented. After review of the code on open space performance points, the City Planning Department has confirmed via email dated 01.27.2021 that non-usable open space (i.e. Wildlife Refuge) can count towards PUD performance points per the language in 38.430.090.E.2.a(7)(b)(ii)(A). Thus, the wildlife refuge is applicable to the “Non Accessible” open space calculation. We have revised our plot and land designations per Engineering and DRC comments which have translated into minor adjustments in our points calculations. Please See Section 15 – Proposed Schedule and/or Section 18 – Statement of Objective for revised calculations. Engineering Division; Lance Lehigh, llehigh@bozeman.net • See attached comments. The Applicant has address engineering comments as noted in the DRC Preliminary Plat Application Comments Letter Dated December 22, 2020. See (32) DRC Responses Preliminary Plat Application for comment responses. Note: The comments and advice contained in this DRC memorandum are intended to assist the applicant in preparing the subdivision preliminary plat application. However, further comments and/or recommendations on matters not discussed during the pre-application review may arise based on the information and supplemental data provided with the formal applications and applicable comments provided by local and state agencies.