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HomeMy WebLinkAbout001 PP Narrative pubWest Park Neighborhood Subdivision Preliminary Plat RC 2 November 2022 2 November 2022 Subdivision Preliminary Plat RC2: West Park Table of Contents 1. Application Forms & Checklists 2. Project Team 3. Narrative I. Project Overview II. Preliminary Plat Checklist Items III. Response to Pre-Application Comments (21-7466) IV. Response to Preliminary Plat Approval Criteria V. Preliminary Plat Supplements Appendices Appendix A.1: Vicinity Map Appendix A.2: Current Zoning Map Appendix A.3: Future Land Use Map Appendix A.4: Draft Community Design Framework Masterplan Appendix A.5: Conceptual Green Plan Appendix B: Draft Phasing Plan Appendix C: Traffic Impact Study Appendix D.1: Covenants Appendix D.2: Bylaws Appendix D.3: Condo Exhibits Appendix D.4: Design Regulations Appendix E: Parks Master Plan Appendix F: Application (Letter) for Concurrent Construction Appendix G: Reference Documents G.1 - Norton Ranch Phase 5 Final Plat 3 November 2022 Subdivision Preliminary Plat RC2: West Park Appendix H: Norton Ranch Phase 5 Waiver of Right to Protest SID Appendix I: Noxious Weed Inventory Map Appendix J: DEQ Draft MFE Application Appendix K: Groundwater Monitoring Info and Map Appendix L: Geotech Report Appendix M: Stormwater Design Report Appendix N: Water Design Report Appendix O: Sewer Design Report Appendix P: Surface Water/Wetland Exhibits Appendix Q: Floodplain Flood hazard evaluation Appendix R: Vegetation Report Appendix S: Agricultural Water Memo Appendix T: Water Rights Memo Appendix U: Non-municipal Utilities Letters Appendix V: Cascade Easement Letter Appendix W: DNRC Water Rights Letter Appendix X: Neighborhood Center within 1/2 Mile Radius Diagram Appendix Y: Variance Request Information 4 November 2022 Subdivision Preliminary Plat RC2: West Park 1. Application Forms & Fees The required application forms for the West Park Subdivision Preliminary Plat have been included in this submittal. The calculated fee totals are outlined below. COMPONENT FEE (2021-22) QUANTITY TOTAL Subdivision Pre-Application Base Fee $3,912 $3,912 Per Lot Fee $40 4 $160 TOTAL $ 4,072 5 November 2022 Subdivision Preliminary Plat RC2: West Park 2. Project Team OWNER & 8FC, LLC APPLICANT Attn: Patrick Eibs PO Box 11388 Bozeman, MT 59719 Ph. 406.539.1366 Email: peibsk9@yahoo.com REPRESENTATIVE Kilday & Stratton Attn: Greg Stratton 2880 Technology Boulevard W Suite 271 Bozeman, MT 59719 Ph. 406.599.5603 Email: Greg@Kildaystratton.com PROJECT CONSULTANTS PLANNING Intrinsik Architecture, Inc. Attn: Tyler Steinway 106 East Babcock Street Suite 1A Bozeman, MT 59715 Ph. 406.582.8988 Email: tsteinway@intrinsikarchitecture.com ENGINEERING Morrison - Maierle Attn: James Nickelson 2880 Technology Boulevard W Bozeman, MT 59715 Ph. 406.922.6824 Email: jnickelson@m-m.net LANDSCAPE Design 5 ARCHITECTURE Attn: Katie Sewell 111 North Tracy Avenue Bozeman, MT 59715 Ph. 406.587.4873 Email: ksewell@design5la.com 6 November 2022 Subdivision Preliminary Plat RC2: West Park 3. Narrative I. Project Overview West Park Neighborhood (“West Park” or the “Property”) is a 40.83 acre property that is located south of The Lakes at Valley West and north and east of Norton (East) Ranch (Appendix A.1). Directly to the east of the property lies significant linear parkland including a perpetual wetland easement encompassing Baxter Creek, and creates the extension of Broken Park to the north. West Park is envisioned as an active community which should appeal to a diverse set of residents with a range of income and demographics, and that also contributes to surrounding amenities that will be shared by surrounding neighborhoods. One of the biggest goals of West Park is expansion, protection and enhancement of existing parks, open space and trails. One of the unique challenges and opportunities of this property is a number of jurisdictional and non -jurisdictional wetlands. These wetlands provide an amazing opportunity to create open space and expand an extensive trail system connecting the surrounding neighborhoods with more multimodal transportation options. The planned linear park expansions along the eastern edge of the project is envisioned to be the focal point or center of the neighborhood. From this park, residents will be able to travel both north and east to schools as well as south and east to commercial amenities. (PUD) (PUD) 7 November 2022 Subdivision Preliminary Plat RC2: West Park During Phase 5 of Norton Ranch (west of the subject property), this area was subdivided into 4 restricted lots. These 4 restricted lots require further subdivision review or Master Site Plan review prior to any development occurring on them. The intent of our project is to further subdivide these 4 lots into 7 lots which create one (1) park lot, two (2) Public infrastructure open space lots, and four (4) buildable lots. These 4 buildable lots have been strategically drawn so that each lot can accommodate a variety of multi-household options, thus the larger size of lot. Each lot acts as its own block and it is envisioned that each one of these blocks will have a pedestrian rights of way running through it to serve as a transportation corridor to allow residents to easily move through the site. These R.O.W.s will be further developed during the Site Planning Process. Land Use Analysis West Park neighborhood is to be developed under the existing Residential High Density District (R-4). The intent of the R-4 district is to provide for high density residential developments through a variety of housing types. Additionally, this property is designated Urban Neighborhood by the Community Plan Future Land Use map, which encourages urban density homes in a variety of types shapes and sizes. It is our intent to create a residential neighborhood surrounded by parks and open space. Please see Appendix A.5 for more details on the proposed land uses. Additionally, please narrative section Alignment with Community Plan, below, for additional information on the alignment of this proposal with the City ’s adopted Community Plan. The neighborhood has been designed to be complimented by vibrant, urban and pedestrian-oriented complete streets. The proposed street sections provides for safe and broad connections across the whole neighborhood. The proposed on street and off street connections encourage pedestrians and bicycle travel through the whole site. Pedestrian block separators play a big role in the creation of this off street pedestrian 8 November 2022 Subdivision Preliminary Plat RC2: West Park network. Rather than building several streets, we prioritized the pedestrian connection to move people in all directions. The natural spaces have been incorporated throughout the development to serve the community need for both neighborhood residents and visitors alike. Per UDC 38.420.060, parkland, excluding linear trail corridors, must have frontage along 100% of its perimeter on public or private streets or roads. It is our intention to classify the West Park Neighborhood Parkland as a linear trail corridor. Baxter Creek, existing wetlands, connections to other intersections along West Babcock and other critical features also constrain the ability for 100% street frontage, but the final layout will be a unique and accessible park with significant street frontage. It is our intention to build upon an existing linear park. Additionally, the Bronken Park soccer complex to the north provides 127 parking spaces and is about ¼ mile from the site. This is ample parking for anyone wishing to utilize the park features and trail system. Within the West Park neighborhood, Vaughn Drive will provide street frontage and parking for the park area, please see landscape plan set for more details. The layout of West Park continues the theme of existing open space in the area: large contiguous blocks of parkland with soft edges. This is present at the Valley West subdivision, the neighborhoods to the north, and Bronken Park to the north. All provide protection of Baxter Creek in a large scale corridor with a natural feel. The West Park neighborhood will serve as an extension of these parks to the south, minimize impacts to the stream and wetlands, and provide a north/south trail corridor as identified in the PROST Plan. All community services within the area benefit from this added parkland, including residents of Valley West, Springhill Presbyterian Church, and Petra Academy. The interior layout of the neighborhood will provide residents with multiple east/west trail connections over to these blocks of parks and existing natural amenities. The community design intended for this neighborhood encourages thoughtful development while providing for flexibility for future phases of the development to respond to changing market conditions. The design standards and guidelines proposed for West Park also include provisions that promote sustainability development. Initial land use assumptions for West Park are laid out in the table below. Additional details on precise parkland assumption, as well as discussion of CILP, can be found in the Parks Master Plan (Appendix E). Precise building type and square footages will be flushed out during the site planning process. Use Proposed Land Area (Acres) Developable Area* 21.51 Rights of Ways 3.34 Parkland 11.52 Open Spaces 4.46 TOTAL 40.83 * = Type of structures and number of units to be determined at site plan 9 November 2022 Subdivision Preliminary Plat RC2: West Park Alignment with 2020 Community Plan The following additional goals and themes of the Community Plan have been incorporated into the overall project design and demonstrate how the proposed development aligns with this foundational community document. We have provided examples to help illustrate how specific components of the project support the growth policy. Theme 2 – A city of unique neighborhoods • Goal N-1: Support well-planned, walkable neighborhoods • N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. • N-1.7 Review and where appropriate, revise block and lot design standards, including orientation for solar power generation throughout city neighborhoods. • N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths • N-1.9 Ensure multimodal connections between adjacent developments • N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. • N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority • Goal N-4: Continue to encourage Bozeman’s sense of place. • N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. West Park is envisioned as a well planned walkable neighborhood. The site has been designed to use the proposed park as a focal point for the development. Multi -modal connections are envisioned through the project to connect back to this focal point. The project will contribute to the sense of the place of this area of the community by prioritizing and enhancing/expanding the outdoor recreation amenities that exist in this area. Theme 3 - A City Bolster by Downtown and Complimentary Districts • Goal DCD-1: Support urban development within the City. • DCD-1.2 Remove regulatory barriers to infill. • DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. • DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community 10 November 2022 Subdivision Preliminary Plat RC2: West Park • Goal DCD-3: Ensure multimodal connectivity within the City. • DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. • DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. • DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion. This project is an infill project located within the current city limits. The project includes significant open space and parks to compliment the surrounding neighborhoods and adjacent commercial centers. This site also prioritizes multimodal connections enhancing the pedestrian connections to adjacent neighborhoods and ultimately commercial districts near by, Theme 4 - A City influenced by our Natural Environment, Park and Open Lands • Goal EPO-2: Work to ensure that development is responsive to natural features. • EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. The West Park Neighborhood has been carefully designed to protect the adjacent wetland that exist to the east. Rather than looking at these wetlands as a challenge we are choosing to enhance them, as well as activate portions of them. We believe that this approach will tie in great to the adjacent Bronken Park and Baxter Creek wetlands. Theme 5 - A City That Prioritizes Accessibility and Mobility Choices • Goal M-1: Ensure multimodal accessibility. • M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, powered wheelchairs, etc.). • M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/scooter share, transit service, bike, and pedestrian connections). • M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. • M-1.11 Prioritize and construct key sidewalk connections and enhancements. • Goal M-2: Ensure multimodal safety. • M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. While the project has been designed with safe streets and access for pedestrians and bikers, is also comprehensively planned for auto vehicles with sufficient parking throughout. In addition, the Parks provide for easy and safe pedestrian and bike connections throughout the project and to adjacent neighborhoods as well. 11 November 2022 Subdivision Preliminary Plat RC2: West Park West Park Phasing of Common Subdivision Infrastructure Improvements A single Final Plat will be filed for the subdivision; however, subdivision improvements will be phased with development on lots restricted until such time as the needed improvements are installed. It is anticipated that in most cases that the needed subdivision improvements will be completed concurrently with the development on the specific lot. Common Subdivision Infrastructure Improvements are critical to the projects utility, transportation and parkland networks. Construction for these improvements will be phased to provide the logical extension of facilities and recreational opportunities to the project as it is developed. These Common Subdivision Infrastructure Improvements will need to be installed or financially guaranteed prior to occupancy of any structures within that phase. The applicant will be requesting to construct site improvements, including residential structures, concurrently with these Common Subdivision Infrastructure Improvements. An application for concurrent construction is provided with this preliminary plat submittal. Common Subdivision Infrastructure Improvements are identified on the West Park Phasing Plan. A list of the Common Subdivision Infrastructure Improvements by phase is: • West Park Platting Phase – Constructed concurrently with the Phase 1 Site Improvements. The purpose of this phase is to create the 7 lot subdivision as follows: - Block 1 Open Space Lot 1 to provide a utility corridor and stormwater facilities for Laurel Parkway, Vaugh Drive and Pond Lily Drive - Block 2 Open Space Lot 1 to protect the existing Wetland encompassed by the Certificate of Dedication secured by the Army Corps of Engineers - Block 3 City Park Lot 1 to be dedicated to the City. - Block 1 Lot 1 for the Phase 1 to be developed immediately - Block 1 Lot 2 for Phase 2 to be restricted pending site plan review and extending improvements - Block 2 Lot 1 for Phase 3 to be restricted pending site plan review and extending improvements - Block 3 Lot 1 for Phase 4 to be restricted pending site plan review and extending improvements This subdivision forms the framework of the project. Physical improvements to be constructed in support of the Platting Phase are: • Construct Vaughn Drive from Laurel Parkway to the east Phase 1 Boundary including water, sewer, and drainage facilities. • Construct the sewer line in Block 1 Open Space 1 from Laurel Parkway to the future 12 November 2022 Subdivision Preliminary Plat RC2: West Park extension of Vaughn Drive. • Relocate the existing drainage facilities (temporary detention pond) draining Laurel Parkway. • Construct the waterline through Phase 1 to provide a looped system and serve the residential structures. • Relocate the existing wetlands located along the east boundary of Phase 1 to the constructed wetland area in Block 3 City Park Lot 1. • Construct Phase 1 Baseline Park Improvements as identified in the Park Master Plan. • Construct Phase 1 Improvements-in-lieu of parkland dedication identified in the Park Master Plan. In accordance with BMC 38.270.030.B.1.b the applicant will enter into an improvements agreement guaranteeing the completion of paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure, and landscaping and park improvements associated with Phase 1 to allow the issuance of building permits prior to the completion of these items through concurrent construction allowances in the code. Phase 1 - Constructed concurrently with the West Park Platting Phase. • Site Improvements for Block 1 Lot 1 – Construct Phase 1A site improvements as identified on and reviewed as the West Park Neighborhood Phase 1 Site Plan submittal. • Site Improvements for Block 1 Lot 1 – Construct Phase 1B site improvements as identified on and reviewed as the West Park Neighborhood Phase 1 Site Plan submittal. Phase 2 – Infrastructure/Platting Improvements and Site Improvements to be constructed concurrently. • Infrastructure/Platting Improvements - Extend Vaughn Drive to its connection with the existing Vaugh Drive including water, sewer, and drainage facilities. • Construct Phase 2 Baseline Park Improvements as identified in the Park Master Plan to satisfy all remaining requirements for the subdivision platting phase. • Construct Phase 2 Park Improvements-In-Lieu of parkland dedication as identified in the Park Master Plan to satisfy all remaining requirements for the Subdivision Platting Phase. • Site Improvements for Block 1 Lot 2 - Construct the Phase 2 site improvements to be reviewed by future Site Plan Application. In accordance with BMC 38.270.030.B.1.b the applicant will enter into an improvements agreement guaranteeing the completion of paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure, and landscaping and park improvements associated with Phase 2 to allow the issuance of building permits prior to the completion of these items through concurrent construction allowances in the code. 13 November 2022 Subdivision Preliminary Plat RC2: West Park Phase 3 - Infrastructure/Platting Improvements and Site Improvements to be constructed concurrently. • Infrastructure/Platting Improvements - Extend Pond Lily Drive from Vaughn Drive to West Babcock Street including water, sewer, and drainage facilities. • Site Improvements for Block 2 Lot 1 - Construct Phase 3 site improvements to be reviewed by future Site Plan Application. In accordance with BMC 38.270.030.B.1.b the applicant will enter into an improvements agreement guaranteeing the completion of paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure, and landscaping and park improvements associated with Phase 3 to allow the issuance of building permits prior to the completion of these items through concurrent construction allowances in the code. Phase 4 • Site Improvements for Block 3 Lot 1 - Construct Phase 4 site improvements to be reviewed by future Site Plan Application. In accordance with BMC 38.270.030.B.1.b the applicant will enter into an improvements agreement guaranteeing the completion of paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure, and landscaping and park improvements associated with Phase 4 to allow the issuance of building permits prior to the completion of these items through concurrent construction allowances in the code. The order of phase development may be adjusted as the project matures. If the order of phase development changes the associated improvements will need to be modified to provide the logical extension of facilities and recreational opportunities for the project. Each phase of the project is shown on the Phasing Plan Exhibit included with this section. The exhibit illustrates the improvements by phase as the project progresses. Departure Request Section 38.320.030 outlines that the maximum lot size for an R-4 Residential lot is 2.5 Acres. In the West Park Subdivision all of the developable lots are larger than that 2.5 acres max. The current trend in platting is to plat larger lots so that a potential buyer can come in and an build several units on the same lot. This scenario can be found all over town in places like South University District and also in Blackwood Groves. The intent of this maximum is to ensure good urban context and connectivity. In West Park the street grid has been extended at logical points (when not impacting wetlands). Additionally, several of these blocks do not meet the block length requirement but It is understood that during site plan review pedestrian pathway easements will be 14 November 2022 Subdivision Preliminary Plat RC2: West Park dedicated to the city. By ensuring north/south and east/west pedestrians connections it will allow for the pedestrian to move through the neighborhood off of a street in a safer environment. While several of these connection are in early planning processes it is envisioned that they will help connect to the park system to the east. Furthermore, the proposed streets incorporate pedestrian friendly sidewalks and intersections. With the extension of logical streets and the requirement to break up block with pedestrian accesses it ensures that all of these lots will have good connectivity. II. Preliminary Plat Checklist Items 38.220.040 1. Pre-application information. All information required with the pre -application plan, as outlined in section 38.220.030. Response: Acknowledged. All information required with the Pre -Application as been included in this application. 2.Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. Response: Acknowledged. All plans will include the appropriate information listed above. 3.Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 4.Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 5.Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 6.Adjoining owners. Names and addresses of record owners of lots and tracts 15 November 2022 Subdivision Preliminary Plat RC2: West Park immediately adjoining the proposed subdivision. Response: Acknowledged. Please see the N1 and Adjoiners list included in this application. 7.Perimeter survey. A survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given. Response: Please see the Preliminary Plat Sheets for all relevant information. 8.Section corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. Response: Please see the Preliminary Plat Sheets for all relevant information. 9.Phased improvements. If the required improvements are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. If a phase depends on improvements not included within the geographic area of a phase, or if timing of construction of improvements is separate from the timing of construction of that phase, those improvements and associated phases must be identified. Response: Acknowledged. Please see the Phasing plan (Appendix B) indicating the timing of each public improvement. It is the applicant’s intention to submit a concurrent construction request to utilize 38.270.030.B.1.b.2. Please see Appendix F for relevant information pertaining to that request. 10.Contours. Ground contours must be provided for the tract according to the following requirements: Where the average slope is: Contour intervals must be: Under 10 percent—2 feet (if all lots are over one acre in size, five feet intervals may be used) Between 10 and 15 percent—5 feet, Greater than 15 percent—10 feet. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 11.Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-application process must be submitted with the preliminary plat application. Response: Acknowledged. Please see the Preliminary Plat Supplements section below for more information. The following waivers were granted in the Pre-Application: 16 November 2022 Subdivision Preliminary Plat RC2: West Park Wildlife, Historical Features, and Agriculture. 12.Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental quality for infrastructure plan and specification review, the preliminary plat application must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. Response: The applicant proposes to request for exemption from DEQ review. A written request is included as Appendix J per the submittal requirements. 13.Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.170 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. Response: The applicant proposes to request for exemption from DEQ review. A written request is included as Appendix J per the submittal requirements. B. The following information must be submitted along with the preliminary plat. 1.Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. Response: Acknowledged. Please see the Civil Plan Set as well as the Preliminary Plat Plan Sheets. 2. Non-compliance with standards. a. Variances. Provide a written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter). b. All others. Provide a written statement: describing any intended departure, deviation, modification, non-compliance or alternative compliance to any standard applicable to a subdivision review; providing a BMC citation to the authority authorizing the non-compliance; and providing the applicable criteria of review. Response: The project has been reconfigured since the pre-application submittal and we are not requesting any variances at this time. 3. Noticing materials required by section 38.220.420. 17 November 2022 Subdivision Preliminary Plat RC2: West Park Response: Please see the N1 and Adjoiners list included in this application. 4.Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: a. Covenants, restrictions and articles of incorporation for the property owners' association if covenants are proposed to ensure compliance with regulatory standards. b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights -of-way or drive aisles intersect state, county or city highways, streets or roads. c. A draft of such other appropriate certificates. d. Provision for maintenance of all streets (including emergency access), open spaces to meet requirements of division 38.420 or section 38.410.040, storm water facilities, and other improvements not dedicated to the public. Response: Acknowledged. These items have been included in our submittal. 5. Street profile sheets. Profile sheets for street grades greater than five percent. Response: Acknowledged. The street grades for West Park are under 5% and therefore this item is not applicable. 6. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. Response: Acknowledged. Please see the application forms included in the application. III. Response to Pre-Application Comments (21-466) Planning Comments 1. General Comments: The preliminary plat must conform to all requirements 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) (i.e. all parcels created or retraced by the certificate of survey designated by number or letter, and the bearings, distances, curve data, and area of each parcel). Response: Understood. Please see the Preliminary Plat Sheets for more information. 2. BMC 38.220.060 - Preliminary plat additional supplements - Required materials for a complete submission. Please provide the additional supplements not waived as denoted within these comments per this section of the BMC. 18 November 2022 Subdivision Preliminary Plat RC2: West Park Response: Acknowledged. Please see these supplements below in Section 5. 3. BMC 38.220.080 - Site Plan Submittal Requirements. Required Applications • Form A1 - Development Review Application • Form PP Subdivision Preliminary Plat Required Materials • Form N1 Noticing Materials • Wetlands Review Checklist Response: Acknowledged. All of these application forms have been included in our submittal. The Wetland Review Checklist is included in the surface water report. 4. Section 38.220.010. Please ensure all plans are drawn to scale on paper not smaller than 8 x 11 inches or larger than 24 x 36 inches. Plans must be properly oriented in landscape mode. Please following digital submittal and naming protocol requirements as denoted on the Subdivision Preliminary Plat Checklist (PP). Response: Understood. 5. BMC 38.220.040 - Subdivision preliminary plat - Required submittal materials. Please provide the requirements as denoted within this section of the BMC. Response: Understood. 6. BMC 38.220.050 - Preliminary Plat required supplements - Information required for complete submittal. Please provide the supplement requirements as denoted within this section of the BMC. Response: Acknowledged. Please see these supplements below in Section 5. 7. Section 38.220.130. - Section 38.640. Please provide a wetland and watercourse delineation report and submit any additional information denoted within the wetlands review checklist as a wetlands review will be applicable during the preliminary plat process. Response: Acknowledged. Please see the Wetland report included as Appendix P. 8. Section 38.220.160. - Section 38.250.080. Please provide necessary materials and requirements for the submittal subdivision variances, if applicable. Response: Acknowledged. The project has been reconfigured since the pre -application submittal and we are not requesting any variances at this time. 9. Requested Variances & Determination: Variance 2. Sec 38.410.100 Watercourse 19 November 2022 Subdivision Preliminary Plat RC2: West Park Setback Request variance to allow for Vaughn Drive to encroach into Zone 2 of the watercourse setback to allow for the required street park frontage per Sec 38.420.060.The subdivision variance will not be supported at this time based on Staffs comments regarding the street layout and internal connectivity. This subdivision variance may also not be necessary based on Sec. 38.410.100.A.2.e (3). Please review the comments from all departments for more information as well as this section of the BMC . Response: Acknowledged. The project has been reconfigured since the pre -application submittal and we are not requesting any variances at this time. 10. Requested Variances & Determination: Variance 1. Sec 38.400.050 Street and road right-of-way construction standards. Request variance from City of Bozeman Design Standards to allow for the radius of the curves on Vaughn Drive entering the project from the north to be 50 feet which is less than the minimum standard. This subdivision variance will not be supported at this time based on Staffs comments regarding the street layout and internal connectivity. Please review the comments from all departments for more information. Response: Acknowledged. The project has been reconfigured since the pre -application submittal and we are not requesting any variances at this time. 11. The supplemental documents outlined in BMC 38.220, part 2 are deemed required with this application as there are common facilities including city parkland, open space and the associated stormwater facilities, rights of ways for pedestrians and perimeter street public lands landscaping required that is the responsibility of the property owners association to own (open space) and maintain (all). The plat must clearly state maintenance responsibilities for these facilities and the supplementary documents must be provided in draft form with the preliminary plat application. Response: The application includes draft documents for the creation of a property owners’ association and maintenance responsibilities are identified in the documents (Appendix D). 12. Section 38.220.310. All areas reserved for open space and other common areas (i.e., storm water facilities) to be owned and maintained by the property owners association will need to be identified on the preliminary plat as common open space, not open space, and so noted accordingly in the property owners association documents. Response: Acknowledged. All references have been updated. It understood that all common open spaces will be owned and maintained by the POA. 13. Section 38.220.320. Covenants, restrictions, and articles of incorporation for the 20 November 2022 Subdivision Preliminary Plat RC2: West Park creation of a property owners association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: provisions for snow removal, provisions for fences (if applicable), maintenance and upkeep of all common areas, trails, open space, storm water runoff facilities, landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., noxious weed control, and any other applicable provisions. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. Response: Acknowledged. Please see Appendix D.1—D.3 for our proposed CCR’s, Bylaws and Design Regulations. 14. Section 38.270.040, Special provisions for timing of certain improvements. Park, pathway, boulevard, and neighborhood center improvements must be installed or financially guaranteed prior to final plat approval. Response: Acknowledged. Please see the Appendix B: Phasing plan indicating the timing of each of these improvements. It is likely that portions of these improvements will be financially guaranteed. 15. Section 38.270.030, Completion of Improvements. If it is the developers 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 Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. Response: Understood. It is the applicants request to ask for concurrent construction under 38.270.030.B.1.b.2 and financially guarantee any outstanding improvement to allow for the concurrent vertical construction. Please see Appendix F for more information about this request. 16. Section 38.240.050 Disposition of water rights, Sec. 38.410.130 Water adequacy - Water rights, or cash-in-lieu thereof, as calculated by Griffin Nielsen, with the City of Bozeman Engineering Department,, is due with the filing of the subdivision final plat. Response: The West Park Subdivision property is not associated with any existing water rights that have value to the development. A number of stock water rights are 21 November 2022 Subdivision Preliminary Plat RC2: West Park associated with the property. The applicant’s team has been in contact with DNRC to discuss the potential allocation of exempt rights for the property prior to and subsequent to the recent rule clarification. It is our understanding that the existing four lots of Phase 6 of the Norton East Ranch Subdivision are allowed a combined total of one 10 acre -feet exempt right. A formal request has been made to DNRC and the team is awaiting a response. The request email is included as Appendix U. Please refer to the park and open space plan for a description of the location of proposed wells and the proposed water use from the wells. The applicant will work with Griffin to determine CILWR. 17. Section 38.240.110, 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 within ProjectDox. Response: Understood. 18. BMC 38.240 - Subdivision procedures Part 5 Subdivision certificates. Please ensure all applicable subdivision certificates are shown on the preliminary plat accordingly. Response: Acknowledged. Please see the Preliminary Plat sheets for all required certificates. 19. Sec. 38.350.060.B. Relation to linear parks. Fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. (if applicable) Response: Acknowledged. A statement is included in the Design Regulations limiting the height of fences along the Linear Park. 20. Sec. 38.400.010. A. 1. 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. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. If the development being reviewed is not a subdivision, a request for an alteration of this standard must be reviewed against the criteria of section 22 November 2022 Subdivision Preliminary Plat RC2: West Park 38.250.080.B, but will not alter the review authority who would otherwise decide upon the application .Please provide a street layout with connection to the eastern property boundary to provide an east-west connection from Laurel Parkway to future connection to North Cottonwood Road. Response: Acknowledged. An easement for a future extension of Cascade St. is provided of the preliminary plat. This easement has been discussed with staff in some detail. Email correspondence with Lance Lehigh is provided in Appendix V. Due to the critical nature of the wetland area along the east boundary of the project the proposed internal roadway network (Vaughn Dr.) extends along the wetland boundary. A public street easement is provided over the wetlands to allow for the future extension of Cascade St. from the east. 21. Sec. 38.400.080. Sidewalks. City standard sidewalks must be constructed in all developments on all public and private street frontages. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications and per the block frontage standards of division 38.510 apply. Additionally, the developer must install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Applicable sidewalks and development frontages adjacent to public lands are subject to the provisions of section 38.510.030.I. Response: Acknowledged. Sidewalks and trails will be installed in the appropriate phase of construction. 22. Section 38.400.070 Street Lighting. Provide street lighting plans consistent with Section 38.570.030 compliant with the City of Bozeman Design Standards and Specifications Policy to be incorporated into an SILD to be reviewed by the City Commission. Response: Acknowledged. Please see the lighting plan set for all lighting information. 23. Section 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; i. With the exception of trail corridors within required watercourse setbacks, 23 November 2022 Subdivision Preliminary Plat RC2: West Park corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. Response: Acknowledged. All sidewalks will be ADA Accessible and our proposed PROST trail is planned to be built zone 2 of the watercourse setback. 24. BMC 38.410.020 - Neighborhood Centers. All residential subdivisions or planned unit developments that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center must be no less than one acre in size. Please provide further clarification on the location of the neighborhood center for the subdivision and ensure the provisions of this section are met. Response: Please see Section 5 below for more information about neighborhood centers. 25. BMC 38.410.040 - Blocks. A north-south separation between Lot 1 and 2 is required to meet block width requirements. Staff is sensitive to the constraints of the wetlands areas within this area, however must ensure proper internal circulation via a street with sidewalks or pedestrian facility running N-S. Response: Acknowledged. Please see the updated site plan and Preliminary Plat sheets. A North South block separator has been included. The easement is proposed to be 10’ wide with 10’ building setbacks. 26. Section 38.410.040.D - Rights-of-way for pedestrians. Landscape and irrigation plans must be submitted with the preliminary plat application for the required landscaping in these rights of ways with the preliminary plat. This area must provide trees at one per every fifty feet in place of street trees. Utilize species recommendations for street trees. Maintenance of these rights of ways is the responsibility of the property owners association and must be represented in the POA documents required in BMC 38.220 part 2. Response: Acknowledged. Please see the Landscape and Irrigation plan Set for more information. 27. BMC 38.410.060 - Easements. In subdivisions, all easements must be described, dimensioned and shown on the final plat in their true and correct location (i.e. utility 24 November 2022 Subdivision Preliminary Plat RC2: West Park easements, a public access easement for any common open space lot, etc). Response: Understood. Please see the appropriate Preliminary Plat sheets for all relevant Easement information. 28. BMC 38.410.080 - Grading and drainage. Stormwater facilities must be provided for the public streets. All lots provided to accommodate stormwater from the public streets must be titled common open space lots with the correct lot and block number depending on location. The common open space lots must be maintained by the POA and noted accordingly in the documents required in BMC 38.220 part 2 and on the conditions of approval sheet of the plat. BMC 38.410.080.H. outlines the requirements for stormwater drainage facilities including landscape design if stormwater surface facility is proposed. Landscape and irrigation plans must be submitted with the preliminary plat application for the required landscaping in all open space lots. Response: Acknowledged. All stormwater from public right of ways will be located on a common open space lot and will be maintained by the POA. Additionally, there will be a note on the Preliminary Plat indicating the maintenance of these common open space areas. Landscaping plans showing these open space areas have also been included in the submittal. 29. Sec. 38.410.120 Mail delivery. If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. Response: Acknowledged. We will coordinate all mail delivery locations with USPS. 30. Sec. 38.420.060. - Frontage. Parkland, excluding linear trail corridors, must have frontage along 100 percent of its perimeter on public or private streets or roads. Based on the proposed street layout, the proposed parks do not meet this section of the BMC. Please revise the street layout in order to provide 100% frontage of all proposed parks perimeters. Response: Acknowledged. Our park is proposed to be a linear park and is exempt from this requirement. 31. Sec. 38.420.080. Park development. Please ensure the proposed parks are in conformance with this section of the BMC. Response: Acknowledged. Please see the Parks Master Plan included as Appendix E for more information relating to the proposed parks. 25 November 2022 Subdivision Preliminary Plat RC2: West Park 32. Section 38.550.070 - All perimeter street boulevard, street trees and landscaping must be installed within one year of final plat approval. Landscape plans for these areas and all internal pathways by phase must be submitted with the preliminary plat application. Perimeter streets for this subdivision include West Oak, Cottonwood Rd, Baxter Lane, and all internal pathways by phase. Provide provisions for phased improvements as necessary. Response: Understood. We are proposing street trees for Perimeter streets, Laurel Parkway and West Babcock. Please see the Landscape plan set for more information. 33. General Comment: Please provide the A1 Development Form for any further submittals. Response: Understood. 34. General Comment: Please include the numbers of adjoining certificates of survey along with adjacent lot and tract lines on preliminary plat. Response: Understood. Please see the Preliminary Plat sheets for this information. 35. General Comment: Please include the owners of any existing or proposed streets, roads, and easements within the proposed subdivision and adjacent subdivisions and tracts. Response: Understood. Please see the Preliminary Plat sheets for this information. 36. General Comment: Location of all existing structures, including buildings, railroads, power lines towers, and improvements inside and within 100 feet of the proposed subdivision. Response: Understood. Please see the Civil Plan Set for this information. 37. General Comment: Please clarify the note denoted on the Preliminary Plat Map which states all proposed public streets are to be 35 feet width as the streets within the proposed subdivision are either 60 feet or 90 feet in width. Response: Understood. Please see the Civil Plan Set for this information. 38. General Comment: Please provide justification for the lack of pedestrian or street separation for lot 4. Response: The programming for Lot 4 has not been sufficiently designed to accurately depict where the pedestrian connectivity will occur. It is understood that this lot will require a block separator to break up this block. It is our intention that this lot will 26 November 2022 Subdivision Preliminary Plat RC2: West Park conform will all UDC requirements at the Site Plan review entitlement process. 39. General Comment: Grammatical Errors: page 6 of Narrative 1st paragraph 10 lots should be 11 lots, page 7: Phase 2 Vaughn misspelled. Response: Understood. 40. Requested Waivers & Determination: Sec. 38.220.060.A.5. Vegetation - Staff is unable to grant a waiver for the vegetation supplement based on the indication that there is a lack of major vegetation types or critical plant species known to be present on the subject property. Based on the wetlands located on the property, identifying major vegetation and critical plat species must be indicated through a vegetation map per this section of the BMC. If any of these species are identified, please describe protective measures for preservation of these communities. Response: Understood. Please see the Preliminary Plat Supplements section below for more information. 41. Requested Waivers & Determination: Sec. 38.220.060.A.6. Wildlife - Staff grants a waiver for the wildlife supplement based on the indication of no wildlife impacts from the Montana Department of Fish, Wildlife, and Parks. Sec. 38.220.060.8. Agriculture - Staff grants a waiver for the agriculture supplement based on the indication that the subject property is not a viable farm unit. Sec. 38.220.060.7. Historical Features- Staff grants a waiver for the historical features supplement based on the indication of no historical features are present and no structures existing on the subject property. Sec. 38.220.060.9. Agricultural Water User Facilities - Staff grants a waiver for the agricultural water user facilities supplement based on the indication of no active agricultural water facilities located within this subject property. Response: Acknowledged. Agricultural Water user Facilities wavier was not granted by Engineering. Please see all relevant information on this topic in the Supplements to the Preliminary Plat below. 42. Section 38.400.110.B.2, Recreation pathways. For the definition of recreation pathways, please see section 38.420.110.B. Delineate recreation and transportation pathways in the preliminary plat submittal. Response: Acknowledged. 43. Section 38.400.110.F. Pathway maintenance. Trails within and adjacent to the proposed development, as well as off-street pathways (i.e., sidewalks and boulevard trails) along external development streets, must be maintained by the developer (including snow removal) in accordance with an approved maintenance plan until 50 27 November 2022 Subdivision Preliminary Plat RC2: West Park percent of the lots within the development are sold. Thereafter, the property owners' association must be responsible for maintenance. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance. Response: Acknowledged. 44. Section 38.400.110.G. Pathway easements. Where pathways cross private land or common open space, the proper public access easements must be provided. Public access easements for pathways must be at least 25 feet wide. The director of public works may accept an alternate easement width when said easement is parallel to a road ROW. Please provide pathway easements for any proposed midblock crossings and pedestrian pathways (i.e. east-west crossing through Phase 1 and Phase 2). Response: These East/West Pedestrian easements are considered Rights -of-Ways for Pedestrians (34.410.040). Outlined in that section, ROWs are required to be a minimum of 10’ and also have a 10’ building setback off that easement. it is the applicants intention to utilize this 10’ easement with the 10’ setback for all block separators. Engineering Comments 1. The applicant has not provided adequate information demonstrating the need or facts of hardship that prevent the applicant from complying with the design standards and municipal code. BMC 38.250.080 Response: Acknowledged. The application now complies the design standards and city code. 2. Engineering does not support the waiver of the requirements of BMC 38.220.060.A.9 Agricultural Water User Facilities. The applicant must submit the Agricultural Water User Facilities supplement with the preliminary plat application. Response: Acknowledged. Please see Preliminary Plat Supplements section below for all information relating to this item. 3. The applicant is proposing building in the existing stormwater easement. This easement must be released prior to site plan approval. Response: It is the applicants intent to prepare the appropriate documents to release the existing temporary stormwater easement concurrently with the filing of the final plat. 4. The applicant must demonstrate that the proposed stormwater lots are large enough to accommodate the required stormwater infrastructure. 28 November 2022 Subdivision Preliminary Plat RC2: West Park Response: The stormwater ponds have been modified and additional design work has been completed to confirm that the stormwater lots are adequately sized. The detailed design will be submitted with the infrastructure submittal. 5. The City prefers not to have sanitary sewer mains route from a public right -of-way across a private lot. Please consider other alignment options that wlll adequately serve the subdivision. Response: The location proposed for the sanitary sewer is the only route available to serve the property as the sewer needs to tie into the North Ranch Lift Station. 6. The applicant should consider how adequate maintenance access will be provided for all of the stormwater infrastructure. As proposed, some of the storm infrastructure maybe difficult to access for maintenance. Response: The location of stormwater infrastructure has been modified and access will be provided. The detailed design will be submitted with the infrastructure submittal. 7. The transportation layout presented does not demonstrate the connectivity within the development or to adjacent developments that meets the goals of the Bozeman Transportation Master Plan. The applicant is advised to consider and demonstrate how all forms of transportation will move through the development and to adjacent developments in a way that provides for increased performance, efficiency, and connectivity. Response: The project layout has been modified since the preapplication plan and connectivity within the development to adjacent developments has been improved. The park plan and road layout shown on the preliminary plat identify improved pedestrian transportation routes compared to the preapplication plan. An easement is shown on the preliminary plat to allow for the future extension of Cascade Street in the future if needed or required at some point. 8. The extent of Cascade Street for Phase 1 is considered a dead -end and must comply with City design specifications and standards, and with any city-adopted International Fire Code. No dead-ends longer than 150 feet are permitted without an approved turn- around. The applicant must provide an engineering approved turn around for emergency vehicles. BMC 38.400.010 (A) (5) Response: Acknowledged. The termination for Vaughn Drive in phase one is less than 150’ past the drive access onto that lot. Parks Comments 1. Staff does not support residential lots in this location. Redesign Vaughn Drive to 29 November 2022 Subdivision Preliminary Plat RC2: West Park have continuous frontage along the existing and proposed parks. BMC 38.420.060. Response: Acknowledged. Vaughn Drive as been redesign to eliminate that lot. This north area will be added to the park. Stormwater Comments 1. Watercourse setbacks must include adjacent wetlands. More information is needed to determine if stormwater impoundment is located outside of Zone 1 of the setback as described in BMC 38.410.100. Also consider that stormwater capacity must be provided above the high groundwater level. Response: The only watercourse on the property is Baxter Creek. The watercourse setback extends past the adjacent wetlands which is all located in the proposed park and no stormwater facilities are proposed in the park. 2. Per 38.220.030, topographic features and utilities need to be shown on and adjacent to the property. Watercourses, drainage channels, areas of seasonal water ponding and storm sewer infrastructure must be shown on the plan. How is drainage conveyed across Babcock Street, through this property and across Laurel Parkway? Response: The preliminary plat shows the utilities and topographic features adjacent to the subdivision. Baxter Creek is the only watercourse on the property and that is shown on the preliminary plat. There are no drainage channels on the property. Stormwater infrastructure is shown on the preliminary plat. The stormwater drainage for Babcock Street was completed as part of Phase 1 of Norton Ranch Subdivision, on the far east side of the property drainage from Babcock flows to the east and is eventually conveyed to Baxter Creek, the remainder of the stormwater from Babcock flows to the west to two stormwater ponds that discharge into adjacent wetlands and cross under Laurel Parkway and as such are directed away from the proposed subdivision. IV. Response to Preliminary Plat Approval Criteria Response to Applicable Subdivision Review Criteria (BMC Sec. 38.240.130) 1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The Preliminary Plat demonstrates compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act and has been prepared by a Professional Engineer registered in the State of Montana. The subsequent Final Plat will comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. 30 November 2022 Subdivision Preliminary Plat RC2: West Park This application is in compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). 3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. This Preliminary Plat is undergoing review according to the procedures provided for in UDC Section 38.240.130 and Part 6 of the Montana Subdivision and Platting Act. 4. Compliance with Chapter 38, BMC and other relevant regulations. The application is in compliance with Chapter 38, BMC and all other relevant regulations, or, as stipulated in any unmet code provisions, will be in substantial compliance prior to Preliminary Plat approval. 5. The provision of easements to and within the subdivision for the location and installation of any necessary utilities. All necessary utility easements have been provided for, both to and within the subdivision, as shown on the Preliminary Plat. 6. The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. All subdivision parcels have been provided with legal and physical, as shown on the Preliminary Plat, which includes the relevant instrument numbers as required. Primary Subdivision Review Criteria, Section 76 -3-608 1. The effect on agriculture. The subject property is designated as Urban Neighborhood according to the City of Bozeman Community Plan. The area is zoned Residential High Density (R-4) and has been annexed but is vacant. The buildable portion of the proposed subdivision is residential. This site has been vacant and not farmed for several years. The subdivision will not have adverse effects on surrounding agricultural operations. 2. The effect on Agricultural water user facilities. All agricultural water uses facilities on and adjacent to this project will be protected. 31 November 2022 Subdivision Preliminary Plat RC2: West Park The applicant has worked with the Ditch Company to ensure that all agricultural water uses facilities will be protected and that access for maintenance is adequately provided. 3) The effect on Local services. Water/Sewer – Municipal water and sewer mains exist within the development and in the adjacent street rights of way of to serve the development. The subdivider proposes to extend water and sewer mains throughout the development and to the individual lots within the subdivision. These internal water and sewer mains will be installed or guaranteed prior to final plat approval. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout utilizes Laurel Parkway (collector), and West Babcock (collector) to provide primary site connectivity. Other internal local streets provide access to all lots. The project is well connected and meets block length requirements with the proposed streets and pedestrian midblock crossings. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual buildings prior to recording of the final plat. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners’ association. This responsibility is addressed on the plat proposed with the subdivision. Parklands - The proposal meets the required park dedication and improvement standards as described in Appendix E. 4) The effect on the Natural environment. The subdivision will not have a significant effect on the Natural environment. West Park was designed with a focus on preserving the natural elements that exist within the property. Natural watercourse corridors are being maintained with 50 -ft wetland setbacks provided along the existing wetland boundary. All required wetland permits will be secured prior to any disturbance of wetlands on site. The watercourse setback for the watercourse is located within the proposed parks corridor, and this area is to be protected as part of the overall development of the parks. The project proposes to use native and drought -tolerant plants where practical (and allowed under City standards). Watercourse plantings along the site’s natural watercourses will also be provided. Parks and open spaces will be irrigated with 32 November 2022 Subdivision Preliminary Plat RC2: West Park exempt irrigation wells using efficient watering techniques and technologies to promote water conservation. See Appendix E – Parks Master Plan for additional information on the proposed plantings and irrigation plan. 5) The effect on wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat at this property. The Parks Master Plan (Appendix E) has demonstrated a dedication to preservation and enhancement of the riparian corridors. There are no known endangered or threatened species on the property. 6) The effect on Public Health and Safety The proposed subdivision will not have a negative effect on public health and safety. All infrastructure will meet or exceed City standards and will protect public health and safety. The improvements to wetlands will not impact the project site. The project will be further reviewed through future Final Plats and Site Plans to ensure the intent of the regulations in Chapter 38 of the Bozeman Municipal Code is met. Chapter 38 includes the protection of public health, safety, and general welfare as a foundational tenet; therefore, the subdivision continues to be reviewed with this expectation in mind. DRC review has shown that this submittal is in general compliance with the Chapter 38, and conditions of approval are expected in response to this submittal where additional information is required to ensure approval. All subdivisions must be reviewed against the criteria listed in 76 -3-608.3.b-d, Mont Code Annotated, and this narrative demonstrates compliance with the requirements as shown herein. V. Preliminary Plat Supplements 38.220.060 1. Surface Water Baxter Creek flows through the easterly portion of the proposed subdivision and is the only natural surface water body on the property. The project will reclaim the borrow pit in the southeast corner of the property and provide for an enhanced wetland in this area. For additional information see the memorandum in Appendix P. 2. Flood Plains Baxter Creek flows through the easterly portion of the proposed subdivision. There is not a defined floodplain associated with Baxter Creek as it has not been mapped as part of the FEMA process. The Baxter Creek corridor will be located in a proposed park as part of the subdivision. As part of the original Norton East Ranch Annexation and Phase 1 of Norton East Ranch Subdivision, the owner of the property at that time placed a covenant on the Baxter Creek corridor which limits almost all activity within the corridor as such the floodplain impacts on the developable land within the proposed subdivision will be limited. 33 November 2022 Subdivision Preliminary Plat RC2: West Park A flood hazard study has been completed for Baxter Creek and the results of that study are included in the Appendix Q. The conclusion of the study is Baxter Creek will be contained within the watercourse setbacks. The width of the flood hazard area varies from approximately 40 feet to 130 feet. The flood hazard area will not impact any aspects of the proposed development. 3. Groundwater Groundwater at the site has been monitored at seven locations across the property since March of 2021. The data indicates that the shallowest groundwater period is in May with levels ranging from less than 1 foot to approximately 2.5 feet. The relatively shallow groundwater is typical of the area and the project will be designed to account for the shallow groundwater levels. A memorandum with exhibits is included in Appendix K. 4. Geology; Soils; Slopes Castle Rock Civil & Geotechnical Engineering conducted a field investigation of the site in 2020 and developed recommendations for development of the site in a report dated April 10, 2020. A copy of the report is included as Appendix L. The following section respond to the requirements of BMC 38.220.060 A. 4. Geologic Hazards There are no known natural geologic hazards on the site. There was mining activity in the southeast quadrant of the subdivision. Most of the mining activity was located on what will be open parkland; however a portion of the mining activity was located on Block 3 Lot 1 and based on the Geotechnical Report it is recommended that a more detailed geotechnical investigation be completed to determine the extents of the mining activity and to develop recommendations for building on the mining disturbed area if any roads or building are proposed for the disturbed area on Block 3 Lot 1. Protective Measures Refer to above paragraph. Unusual Features There are no unusual features on the site. The site has high groundwater but that is typical of most areas being developed in Bozeman and as such is not unusual. There are no slopes greater than 15% on the site. Soils Map A soils map and NRCS soil information is included in the Geotechnical Report. Cuts and Fills It is not anticipated that cuts or fills will exceed three feet on the project. 34 November 2022 Subdivision Preliminary Plat RC2: West Park 5. Vegetation A memorandum and map regarding vegetation is included as Appendix R and the weed management plan is included as Appendix I. All critical plant communities will be protected as they reside within an area of the project that is protected by a restrictive wetland protection covenant. 6. Wildlife (Waiver Granted) No additional impacts or hazards are anticipated. 7. Agriculture (Waiver Granted) No additional impacts or hazards are anticipated. 8. Agricultural Water User Facilities There are no active agricultural water user facilities on the property. Please refer to Appendix S for all information and exhibits related to Agricultural Water User Facilities. 9. Water and Sewer Please see the water report as Appendix N and the wastewater report as Appendix O. The subdivision intends to pay cash-in-lieu of water rights at the time of site plan approval for each lot as at that point the use will be fully defined. A note has been added to the condition of approval sheet to reflect this. It is anticipated that this will be a condition of approval that will be fully addressed with the final plat. 10. Stormwater Management A stormwater management plan is included as Appendix M. Stormwater runoff from the right of ways will be directed as street runoff to inlets and then conveyed to stormwater retention ponds for storage and treatment. The stormwater from the individual sites will be addressed with each individual site as part of the site plan review process. For example the site plan for Block 1 Lot 1 includes underground retention facilities to address stormwater storage and treatment. 11. Streets, Roads & Alleys A traffic study has been completed for the development by Abelin Traffic Services and is included as Appendix C. The following text is provided in the order outlined in BMC 38.220.060 A. 11. to provide information not included in the traffic study and to highlight conclusions of the traffic study. Description West Park Subdivision is bordered by Babcock Street on the south, Laurel Parkway on the west, and has access to Vaughn Drive to the north. The internal subdivision roads will consist of an extension of Vaughn Drive for its current terminus to Laurel Parkway and an extension of Pond Lily Road from Babcock Street to its proposed connection to Vaughn Drive. The proposed roads will be city standard local roads with a width of 35 35 November 2022 Subdivision Preliminary Plat RC2: West Park feet based on top back of curb. Phase 6 of Norton East Ranch included road easements that vary in location from the proposed roads and as such will need to be vacated prior to filing of the final plat for West Park Subdivision. Phase 6 of Norton East Ranch includes an easement to extend a street to the east boundary of the property in line with an existing easement on the adjacent property. The West Park Subdivision includes this easement in a slightly different location but still in line with the existing easement to the east. It is noted that there is a covenant placed on the property by the original developer in cooperation with the Army Corp of Engineers to protect wetlands which may make construction of this future road problematic. Bicycle and Pedestrian Pathways West Park Subdivision is bordered on the south and west with streets that incorporate bike lanes. No additional bike specific infrastructure is proposed for the property. Pedestrian facilities will be provided as follows: • Sidewalk (5’ wide) along Babcock Street frontage • Sidewalk (5’ wide) along Laurel Parkway frontage • Sidewalks (5’wide) along both sides of the proposed local streets • Midblock pedestrian pathways are proposed through the middle of Block 1 going east-west and in the open space between Block 1 Lot 1 and Block 1 Lot 2 going north -south. Final location and configuration of these pathways will be completed as part of the site plans for each lot. These pedestrian pathways will be 5 foot wide sidewalks located in 30 foot wide easements. • East-west and north-south pedestrian pathways will be provided on Block 2 Lot 1 with the final location and configuration determined during the site plan review process. These pedestrian pathways will be 5 foot wide sidewalks located in 30 foot wide easements. • An east-west pedestrian pathway will be provided on Block 3 Lot 1 with the final location and configuration determined during the site plan review process. These pedestrian pathways will be 5 foot wide sidewalks located in 30 foot wide easements. • Refer to the park plan for additional pedestrian facilities located in the proposed park. Access to Arterials There are no arterial streets located adjacent to the development. Modification of Existing Streets The only modification to an existing street is to modify Vaughn Drive at its current end point. Dust No gravel alleys are proposed and as such no dust control provisions are provided. 36 November 2022 Subdivision Preliminary Plat RC2: West Park Pollution and Erosion Maintenance of the proposed streets will be completed by the City of Bozeman. The applicant does not have detailed information on how the City maintains its streets to meet the Department of Environmental Quality guidelines for the prevention of water pollution and erosion. Traffic Generation As detailed in the traffic study, the project is anticipated to produce up to 2,376 new daily traffic trips when fully built out at 500 units. Additional detail can be found in Appendix C: Traffic Impact Study. Capacity The traffic study evaluates the level of service of intersections before and after the proposed development and identifies that future capacity problems will exist at the intersections of Fallon/Cottonwood and Durston/Laurel Parkway if the capital improvements listed in the City of Bozeman’s Capital Improvement Plan are not implemented in a timely fashion. Traffic Calming Traffic calming curb bulbs are planned for the intersection of Vaughn Drive and Pond Lily and on Vaughn Drive at the park pedestrian access at the future location of the extension of Cascade Street. These traffic calming devices are shown on the preliminary plat with additional detail provided with the infrastructure plan submittal. Compliance with 38.270 The planned schedule is to proceed with infrastructure and site improvements on Site A concurrently. Laurel Parkway provides direct access to Site A and will be constructed by others prior to any work taking place on Site A. The improvements on Laurel Parkway will provide adequate transportation access to Site A. All improvements will be secured with an improvements agreement as required by the code. 12. Non-municipal Utilities The following publicly and privately owned utilities have been notified and provided copies of the Preliminary Plat and Phase A Site Plan for the West Park Neighborhood: • Northwestern Energy (gas and electric) • Lumen (communications) • Charter (communications) • Yellowstone Fiber (communications) Copies of the letters to each of these utilities requesting design input are included, along with any other correspondence. 37 November 2022 Subdivision Preliminary Plat RC2: West Park Northwestern Energy will provide natural gas and electric service to the development. These facilities will be located in public utility easements along the roadways within the subdivision. New electric and natural gas lines will be placed underground. Lumen and/or Charter Communications and/or Yellowstone Fiber will provide cable, telephone and fiber service to the development. These facilities will be located in public utility easements along the roadways within the subdivision. New lines will be placed underground. The Preliminary Plat illustrates the existing water, sewer, storm and dry utilities present on the site and adjacent to the site. 13. Land Use. Included in this subdivision are 7 total lots, 4 developable lots, 2 open space lots and one park lot. It is envisioned that the 4 developable lots will contain a mix of apartments and townhouses with apartments being the primary use. The number of units is up in the air at this point but for phase 1 there are 102 units proposed. The apartments and townhouses are being designed so that they can be condominium in the future but that would be handled through a separate application later down the road. There are no commercial or industrial lots in this subdivision. Please refer to the Preliminary Plat for the exact area of each block and lot. Below is a table indicating the amount of developable land. While there is a site plan under review for Block 1 Lot 1 the other lots are still a work in progress. It is understood that there are minimum density requirements for the R -4 zone that have to be met. 14. Parks and Recreation Facilities Please refer to the Parks Master Plan in Appendix E for all details on the proposed Parks and Recreation Facilities. 15. Neighborhood Center Plan Per section 38.410.020.A if every lot is within a half mile of an existing neighborhood center they are exempt from these requirements. Appendix W Shows that every lot is Use Proposed Land Area (Acres) Developable Area* 21.51 Rights of Ways 3.34 Parkland 11.52 Open Spaces 4.46 TOTAL 40.83 * = Type of structures and number of units to be determined at site plan 38 November 2022 Subdivision Preliminary Plat RC2: West Park within a half mile and therefore is exempt from the Neighborhood Center requirements. 16. Lighting Plan Per BMC 38.220.060 A. 16. a lighting plan is only required where lights are proposed other than within the street right-of-way. There are no subdivision lights proposed outside of the street right-of-way. The proposed location of lights within the right -of- way are shown on the preliminary plat drawing. 17. Miscellaneous. Public Lands There are public lands adjacent to or within 200 feet of all sides of the subdivision. All such public land is City parkland. The subdivision will not have any negative effect on access to this public land. The proposed development will provide additional access to the Baxter Creek corridor park through the construction of trails within the proposed park and a connecting trail to the Baxter Creek corridor park. Hazards There is no current mining on the site, no high pressure gas lines, no structures and no high voltage power lines on the property. As noted in the soils section of the narrative the mining that has occurred on the southeast corner of the site presents a potential hazard for construction of buildings or roads if the mined area is not remediated prior to such construction. This concern is only associated with a portion of Block 3 Lot 1. Wildlands-Urban-Interface The proposed development is located a significant distance away from wildlands and surrounded by urban development. It is not anticipated that any extraordinary provisions are required to reduce structure ignitability for the development. 18. Affordable Housing The State of Montana has limited Municipalities ability to enact Inclusionary Zoning and require affordable housing. It is the applicants intent to study the affordability and to provide affordable housing where reasonable. 19. proposed subdivision advances the adopted growth policy. Please see a detailed analysis of the proposed land uses in Section 1 above.