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HomeMy WebLinkAboutDRCMemoResponses_10272021 MEMORANDUM ------------------------------------------------------------------------------------------------------------ FROM: DEVELOPMENT REVIEW COMMITTEE RE: CANYON GATE ANNEXATION AND ZONE MAP AMENDMENT, APPLICATION 21337 DATE: OCTOBER 6, 2021 ------------------------------------------------------------------------------------------------------------ Project Description: Annexation of 24.14 acres with requested zoning of R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use) Project Location: Property is addressed as 980 Story Mill Road Recommendation: Staff found that the application materials provided complies with the requirements of Chapter 38 of the Bozeman Municipal Code (BMC) and the annexation policy and deemed the application adequate for further review. Section 1– CORRECTIONS 1. The A1 – Development Review Form indicates that this project will also include a Growth Policy Amendment which is not contemplated anywhere else in the application, please clarify if a GPA is proposed. A revised A1 has been provided to Ross Knapper and is provided in this submittal. Section 2– RECOMMENDED CONTINGENCIES ANNEXATION Please note that these are in addition to any required code provisions identified in this report. These contingencies are specific to the development. 1. The documents and exhibits to formally annex the subject property must be identified as the “Canyon Gate Annexation”. Acknowledged 2. An Annexation Map, titled “Canyon Gate Annexation Map” must be provided with the Annexation Agreement. The map must be supplied on: a) A PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be annexed. See attached updated Annexation Map and word document of the metes and bound legal description. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. Acknowledged. The applicant desires to execute all contingencies of the Annexation Agreement concurrently with the City Commission hearing. Please provide a draft of the Annexation Agreement at your earliest opportunity. 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. Acknowledged. 6. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. Acknowledged; it is the owner’s desire to have the annexation agreement prepared and ready to be executed prior to the City Commission meeting scheduled for December 21, 2021. Please provide a draft at your earliest opportunity. Section 3– RECOMMENDED CONTINGENCIES ZONING MAP AMENDMENT Please note that these are in addition to any required code provisions identified in this report. These contingencies are specific to the development. 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. Acknowledged. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Canyon Gate Zone Map Amendment”. Acknowledged. 3. The applicant must submit a zone amendment map, titled “Canyon Gate Zone Map Amendment.” The map must be supplied on: a) A PDF. This map must be acceptable to the City Engineer's Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. See attached updated Zone Map Amendment conforming with corrections made to the Annexation Map. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. See attached word document of the zoning metes and bounds. Section 4 – ADVISORY COMMENTS 1. Anticipating additional development on the site in the future, if desired, the location of water and sewer lines is critical. Please consider locating utilities to one side of the property to allow the greatest flexibility for placing structure on the property in the future. A shared agreement with adjacent property may allow more options. Acknowledged. 2. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer, and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates, please contact the Department of Community Development and/or visit www.bozeman.net. Acknowledged. 3. Upon future development of the parcel, the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.23.180. Acknowledged. Note: During preparation of the staff report for this application, additional contingencies may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: Jacob Miller, Assistant Planner FROM: Lance Lehigh, Engineer III RE: Canyon Gate Annexation & ZMA APPLICATION NO 21337 Engineering Comments, Requirements Associated with Annexation & ZMA, and Advisory comments. DATE: October 6, 2021 ----------------------------------------------------------------------------------------------------------- Engineering Requirements and Conditions Associated with Annexation. Future City Facilities 1. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman’s infrastructure master plans and all city policies that may be in effect at the time of development. Acknowledged. Existing Water and Sewer 1. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Acknowledged. 2. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. Acknowledged. Easements & Boundaries 1. City of Bozeman Resolution 5076, Policy 1 – Story Mill Road is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective Story Mill ROW from the centerline of the existing ROW as a public street and utility easement where Story Mill Road is adjacent to the property. A 45-foot public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City’s Engineering Department to receive a copy of the standard easement language. A signed 45-foot Public Street and Utility Easement is provided. 2. The applicant must provide Engineering with a copy of the water pipeline and access easement (FILM 17, Page 29) for the 18-inch water main that runs through the southeast corner of the property prior to annexation. As presented, no easement width is specified on the submitted documents. If no easement exists, the applicant will need to provide a standard 30-foot public utility easement through the subject project with the annexation. The existing easement is provided. The existing easement is from 1889 and does not specify a width. A new 30-foot Sewer and Water Pipeline and Access Easement and Agreement is provided over this existing water main. 3. The applicant is advised that a gas main is located within MDT Parcel #129 & 146. The applicant must provide engineering with a copy of the gas pipeline ROW easement (BK 122, Page 54) for the gas pipeline that runs east-west along the southern edge of the subject property. In addition, show the gas pipeline easement boundary width on the annexation exhibit. The existing gas pipeline easement is provided. The easement does not specify a width. The gas pipeline was located by One Call Locate and is shown on the annexation map. The gas pipeline is located between 18’ and 27’ outside of the Canyon Gate property. This distance exceeds typical utility easement widths. 4. The applicant must extend both the proposed zone map amendment as well as the annexation map to the western edge of the existing Story Mill ROW, which will cover the entire Story Mill Road ROW. The applicant should confirm the overall extent of the boundary with planning, since the western side of Story Mill Road is outside of the City’s limits boundary and is typically required to be extended across the entire ROW with annexation. The Annexation Map has been revised to show annexation of adjacent rights-of-way on Story Mill Road and Bridger Drive, which were previously outside of City Limits. All adjacent rights-of- ways outside of City Limits will be included in the area to be annexed. A portion of the west side of Story Mill Road adjacent to Tract A of COS 1518 is by easement and not a dedicated right-of- way. This area is not included in the area to be annexed. Water Rights 1. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. Acknowledged. Conditions of Approval 1. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to Story Mill Road between Boylan Road and East Tamarack Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack Street and Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at East Tamarack Street and North Wallace Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. See attached SID waiver. Engineering Advisory Comments associated with future development of the subject property (i.e., subdivision, site plan, etc.). The applicant is advised that future development applications will be reviewed against Bozeman Municipal Code and Engineering Design Standard requirements at the time of development. Easements 1. BMC 38.410.060 Easements - A ten-foot wide utility easement (power, gas, communication, etc.) must be provided along Bridger Canyon Road, Boylan Road, and Story Mill Road. The easement must be executed on the City’s standard easement form. A copy of the standard easement form can be obtained from the City Engineering Department. Floodplain 1. BMC 38.600.130 Regulated Flood Hazard Area Boundaries - The applicant is advised that the Preliminary Plat Stormwater Plan for the neighboring property, The Legends at Bridger Creek II Subdivision (February 2006), indicates the subject annexation property is situated in an historical flow path of Bridger Creek. The City considers the Legends II stormwater plan to be best available information concerning flood risks associated with the subject property. The Legends II stormwater plan describes that the major drainage features within the Legends II subdivision are designed to convey approximately 300 cfs of flood water from Bridger Creek during the 1-percent annual chance flood event (100-yr). These drainage features route flood water directly onto the subject annexation property. The applicant is advised that at the time of future development a flood risk analysis conducted by a qualified professional engineer in accordance with FEMA guidelines and standards must be completed to correctly identify the existing flood hazards associated with the subject property. Furthermore, the applicant is advised that should the evaluation indicate flood hazards exist the applicant may be required to mitigate such hazards as part of future development. The applicant is also advised that should the evaluation identify flood hazards that flood hazards to the surrounding area shall not be increased as a result of future development. The applicant is also advised that based upon the flood hazard evaluation the City may require as part of the review of future development that the effective FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for Bridger Creek be revised. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. Water 1. DSSP Section (V) (A) Main Size -The applicant is advised that the subject property is located in the City’s Northeast pressure zone. Water pressures around the subject property vary from 115 to 125 psi. The water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan. Wastewater 1. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – The applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. Transportation 1. BMC 38.400.010 Streets (A) (7) – Story Mill Road must be fully constructed to the City’s Collector standard from the subject property’s northern boundary (Boylan Road) to the intersection of Story Mill & Bridger Canyon Drive in accordance with the City’s Transportation Master Plan upon future development. The applicant is advised that any required ROW or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 2. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and intersections must operate at a minimum Level of Service “C” unless specifically exempted by the review authority. The applicant is advised that the intersection of Story Mill Road and Bridger Drive currently operates below a Level of Service “C”. The intersection must upgrade prior to future development. The applicant is advised that the intersection is currently scheduled within the City’s Capital Improvement Plan, with construction anticipated to start in 2022. This upgrade may be eligible for cash-in-lieu of infrastructure if the conditions outlined within BMC 38.270.070 are satisfied. 3. MC 38.220.060 (A) (12) Traffic Generation - A traffic impact study (TIS) will be required for the proposed development which will need to discuss how much daily traffic will be generated on existing local and neighborhood streets, roads, and alleys, when the subdivision is fully developed. a. The applicant will need to coordinate the TIS with the engineering department prior to future submittals. Local intersections may be required to be analyzed, depending on the proposed density, trips generated, and type of usage. 4. BMC 38.410.040 Blocks – The applicant must construct an appropriate local street grid through the property that meets block length requirements. With future development applications, the applicant will need to demonstrate that block length standards are satisfied, unless otherwise impractical. a. The applicant is advised that the future street grid must have a potential future connection to Northview Street at the adjacent developments (Legend’s Subdivision) Northview/Alley intersection (BMC 38.400.010). Other 1. Prior to future development or redevelopment the applicant should contact Northwestern Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with NWE suggests the presents of a high-pressure gas main in the vicinity.