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HomeMy WebLinkAbout032 Response to PA engr. commentsSHADY GLEN CONCEPT PUD RESPONSE TO PA ENGINEERING COMMENTS August 22, 2022 The City’s engineering comments are in blue text, followed by the Applicant’s responses in black text. No Relaxation Needed - Use of a Culs-de-Sac BMC 38.400.010.A.9 Streets, general - Staff finds that a culs-de sac-design for this development is sufficient for approval. A PUD relaxation for the proposed Culs-de-Sac is not required as part of the of the accompanying Preliminary PUD application based on the following findings: 1) The culs-de-sac is necessary due to adjacency to park, open space and site constraints. The applicant does not have legal access to Boylan Road at the terminus of the proposed culs-de- sac due to adjacent private open space. 2) The culs-de-sac is necessary due to topography. Extending the roadway at the culs-de- Sac terminus location across the East Gallatin River and associated floodplain would be detrimental to critical lands. 3) As presented, a pedestrian walk is appropriate and will be installed at the end of the culs-de-sac to provide multimodal egress from the end of the culs-de-sac. 4) The culs-de-sac radius is sufficient for emergency services to turn-around. RESPONSE: The relaxation request written into the application (Section 07, Relaxation #1) was deleted, and referenced to these Engineering Comments. Relaxation #1 Required - Commercial Drive/Endurance Lane Street Construction BMC 38.400.010.A.2 Streets, general - Staff finds the proposed access via Commercial Drive/Endurance Lane to the development are insufficient for approval with the information provided to date. A PUD relaxation for the access not continuing as a public local street must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) The proposed access via Commercial Drive/Endurance Lane is shown as a gated emergency only access, which will not provide for the continuation of local streets between developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and utilities. The applicant is advised that A 60 foot roadway easement across Lot 4 and Lot 5 of Block 1 in the Bridger Center Subdivision adjoins the subject property. A 60 foot roadway is the standard easement width for construction of a public local street section and the various components (stormwater, boulevard trees, curb & gutter, and sidewalks on both sides, including underground utility.) The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on why not continuing a public local street into the development via Commercial Drive/Endurance Lane adequately mitigates any impacts from the proposed development. The written and graphic material provided related to this relaxation are insufficient. RESPONSE: A relaxation request for an emergency access in place of a continuation of streets and alleys between adjacent developed properties (i.e., between Shady Glen and Bridger Center Commercial) is included in the application as Section 7, Relaxation #3. The proposed subdivision meets the intent of BMC 38.400.010.A.2. The requirement reads: 2. Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. Additionally, BMC 38.400.010.A.8 reads as follows: 8. Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. a. This provision may be waived or conditionally waived by the DRC. A public street connection through the existing 60-foot easement between Block 1/Lots 4 and 5 of Bridger Center Subdivision (to Commercial Drive and Bridger Center Drive) is not feasible; the required easements do not exist. Additional easements would be needed through Bridger Center Subdivision’s Block 1/Lot 5 and Block 2/Lot 1 to allow for a reverse curve, centerline radius, tangent length and other engineering requirements for a full access and 60-foot right-of-way per City Engineering standards. One of the required easements, through Block 2/Lot 1, was vacated in 2005 by the City of Bozeman; therefore, it would be reasonable to assume the City did not feel that a through street at this location was appropriate or needed, now or at any time in the future. Additional justification is provided in Section 07 of this application. Another aspect of the above code section requires “effective provision of emergency services.” The addition of a gated emergency access greatly improves connectivity for emergency services to all of Bridger Center Subdivision, The Links and Shady Glen, while deterring public vehicles from using a non-standard street connection. The gate was a condition on an agreement to allow public access to Shady Glen through The Links Condominiums; an agreement that allows the emergency connectivity that otherwise would not have been possible. The third and last aspect of the above code section requires “efficient provision of utilities.” The proposed utility extensions are efficiently connected to existing utilities. A single gravity sewer main extension would serve all the proposed lots and connect to Boylan Road sewer main through a short easement. The proposed water main extension would add a new connection between The Links Condominiums and the water main in Boylan Road; this loop would provide redundancy and reduce outages in the event of a failure. Natural gas and electric service would follow the lot frontages in a standard 10-foot easement connecting to The Links Condominiums. All of the required offsite easements are in place. Relaxation #2 Required -Commercial Drive/Endurance Lane Emergency Access only via a gated right-of-way BMC 38.400.010.A.8 Streets, general - Staff finds that the private emergency access only via Commercial Drive/Endurance Lane to the development are insufficient for approval with the information provided to date. A PUD relaxation for a private emergency access only not continuing as a local street & not meeting local street improvement standards must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on how a privately maintained gated emergency only access adequately mitigates any impacts from the proposed development. The written and graphic material provided related to this relaxation are insufficient. The proposed secondary emergency access only does not show utility connection, pedestrian access, stormwater treatment, or vegetation such as street trees. The applicant is advised that an encroachment permit from the City's engineering department would be needed in order to utilize public ROW for a privately maintained emergency access for the subject property. RESPONSE: Engineering staff found that a cul-de-sac design for this development is sufficient for approval. Justification for the emergency access as the second access to Shady Glen is provided above in the response to City Engineering’s “Relaxation #1,” and also in Section 07 (Relaxation #3) of this application. We received assurances from City Engineering that an emergency access was appropriate and supportable; this is documented in a 1/25/21 email from Lance Lehigh. The gated emergency access design was vetted in subsequent meetings with City Engineering and the Fire Department, and was supported by both departments as proposed in this application. Efficient utility connections are provided through other existing easements, to existing utilities in Boylan Road and The Links Condominiums. Pedestrian access is addressed in the emergency access design with a separate “pass-through” gate. Vegetation and street trees were deemed unnecessary and inappropriate at this location. The emergency access would connect to public right-of-way at Commercial Drive; the appropriate permits will be obtained from the City Engineering Department, as well as a maintenance agreement for private maintenance of the emergency access. Relaxation #3 Required - Shady Glen Lane Street Improvement Standard BMC 38.400.060.A. Street Improvement Standards - Staff finds that street improvements for this development are insufficient for approval with the information provided to date. A PUD relaxation for Shady Glen Lane not meeting a local street standard must be requested by the applicant from the as part of the accompanying Preliminary PUD application and granted by the City Commission. 1.) The proposed Shady Glen Lane does not meet the City's local street standard. The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on why a narrower street cross section adequately mitigates any impacts from the proposed development. The written and graphic material provided related to this relaxation are insufficient. Information such as adjacent slopes, drainage patterns, relation to established flood elevations, and how the City stormwater standards from ROW drainage are being met, both quantity and quality. RESPONSE: A relaxation from City street standards is requested as Relaxation #2 in Section 7 of the application. The relevant standards are BMC 38.400.060.A (street improvement standards) and the referenced BMC 38.400.050.A (right-of-way width and construction standards). The requirements read as follows: 38.400.050.A. All streets and roads providing access to, and within, the proposed development must meet the following standards: 1. Right-of-way width and construction standards contained in this chapter: the most recently adopted long range transportation plan; the City of Bozeman Design Standards and Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 2. Access streets and roads which are not on the city's or county's road maintenance system must be dedicated to the public or must have a public easement which meets the criteria of this division 38.400. 38.400.050.A. All street improvements must be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and must meet or exceed the right-of- way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. Shady Glen Lane will meet all City street design and construction standards, with the exception of the following specific requested relaxations: 1. Relaxation to Sidewalk Standards: We propose to provide an attached 5’ wide sidewalk on the west side of the street, and no sidewalk on the east side, in lieu of detached sidewalks and boulevards on both sides. 2. Relaxation to Street Parking Standards: We propose to eliminate the 8’ wide east side parking lane, to reduce street width by 8 feet. 3. Reduce right-of-way width from 60 feet to 42 feet. 4. Replace the standard crowned street cross-section with a cross slope. Before submitting this application, we received assurances from City Engineering and the Fire Department that all of the above proposed relaxations were appropriate and supportable as proposed; this is documented in a 10/20/21 email from Lance Lehigh. The justification for each relaxation is detailed in Section 07 (Relaxation #2) of this application. Taken as a whole, the relaxations help to minimize disturbance of existing nearby wetlands. Adjacent slopes, drainage patterns and street easement drainage are described in the Drainage Report and meet City standards. The entire street is above the 100-year flood elevation by several feet, as evidenced by the site grading plan and CLOMR application. All of the required information demonstrating full compliance with City standards is included in this application. Relaxation #4 Required - Commercial Drive/Endurance Lane Street Improvement Standard BMC 38.400.060.A. Street Improvement Standards - Staff finds that street improvements for this development are insufficient for approval with the information provided to date. A PUD relaxation for Commercial Drive/Endurance Lane not meeting a local street standard must be requested by the applicant from as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) The proposed access street cross section via Commercial Drive does not meet the City's local street standard. A 60 foot roadway easement across Lot 4 and Lot 5 of Block 1 in the Bridger Center Subdivision adjoins the subject property. The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on the proposed secondary access section and its individual details and why a full local street section cannot be constructed and that the proposed secondary access design mitigates any impacts from the proposed development. The written and graphic material provided related to this relaxation are insufficient. Information such as adjacent slopes, drainage patterns, relation to established flood elevations, and how City stormwater standards from ROW drainage are being met. In addition, the applicant is not extending City water main along Endurance Lane into the subject property, where extending the main into the development is possible and practical for both long-term City water quality and quantity. RESPONSE: The response to this comment is provided in our response to above City-designated Relaxation #1. A relaxation request for an emergency access in place of a continuation of streets and alleys between adjacent developed properties (i.e., between Shady Glen and Bridger Center Commercial) is included in the application as Section 7, Relaxation #3. Relaxation #5 Required - City Standard Sidewalk BMC 38.400.080.A. Sidewalks - Staff finds that street improvements for this development are insufficient for approval with the information provided to date .A PUD relaxation for a City Standard Sidewalk must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) Shady Glen Lane only has a City standard 5 ft wide sidewalk on the southside of the street, but no sidewalk is presented on the north side of street. The access via Commercial Drive does not have a sidewalk on either side. The City's local street Standard requires a sidewalk on both sides of the street. The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on the proposed pedestrian facilities for the streets and the accesses for this development and why a full local street section cannot be constructed and that the proposed street and secondary access design mitigates any impacts from the proposed development as it relates to pedestrian circulation and the safety of pedestrians. The written and graphic material provided related to this relaxation are insufficient. RESPONSE: The response to this comment is provided in our response to the above City-designated Relaxation #3. A relaxation from City street standards is requested as Relaxation #2 in Section 7 of the application. Relaxation #6 Required - Block Length Standard BMC 38.410.040.B. - Staff finds that bock design for this development is insufficient for approval with the information provided to date. A PUD relaxation for Block Length must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) Block length does not conform to City standards. The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on the proposed bock design for this development and details and why a block standards cannot be met and that the proposed street and secondary access design and the related pedestrian circulations system mitigates any impacts from the proposed development as it relates to street connectivity, multimodal transportation, and pedestrian circulation and the safety of pedestrians. The written and graphic material provided related to this relaxation are insufficient. RESPONSE: The proposed subdivision meets the intent of BMC 38.410.040.B. The requirement reads: B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. The term “block length” applies to standard subdivision blocks, whereas Shady Glen has no such blocks and cannot be divided as such due to the presence of critical lands, access control and adjacency to existing parks. The proposed block length is approximately 450 feet, which is close to the standard range of acceptable block lengths (300 to 400 feet), and is much shorter than the maximum allowable length of 1,320 feet. Therefore, a relaxation is not required. Relaxation #7 Required - Watercourse Setback Materials BMC 38.410.100.A.2.d. Watercourse Setback - Staff finds that the proposed design and watercourse setback for this development is insufficient for approval with the information provided to date. A PUD relaxation from the watercourse setback must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) The subdivision layout shown on the subdivision pre-app is not compliant with the watercourse setback requirements as placement of fill to remove lots from the floodplain is not an allowable use within the watercourse setback. In addition, fencing is not allowed within the watercourse setback. The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on the proposed design for this development including the reduction in watercourse setback and why the watercourse setbacks cannot be me. The applicant must show how the design and reduced watercourse setback mitigates any impacts from the proposed development as it relates to critical lands protection, wildlife, protection of natural features, water quality, flooding, and public safety. The written and graphic material provided related to this relaxation are insufficient. RESPONSE: A relaxation from watercourse setback requirements is requested as Relaxation #4 in Section 7 of the application. The relevant standard is BMC 38.410.100.A.2.d, which reads: d. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter. The requirements allow for approval of specific variations; justification for the requested relaxation is provided under Section 7 (Relaxation #4) of the application. The relaxation is required to meet the minimum density goals of the site’s R-1 zoning. Relaxation #8 Required - Watercourse Setback Requirements BMC 38.410.100.A.2.c.4.d Watercourse Setback - Staff finds that the proposed design and watercourse setback for this development is insufficient for approval with the information provided to date. A PUD relaxation from the watercourse setback must be requested by the applicant as part of the accompanying Preliminary PUD application and granted by the City Commission. 1) The subdivision layout shown on the subdivision pre-app is not compliant with the watercourse setback requirements.  The subject property is located adjacent to the East Gallatin River, which has as a regulated flood hazard area. In addition, the property has a jurisdictional wetland that is connected to the East Gallatin River. The following setbacks per the BMC apply to the subject property: o East Gallatin River. A minimum 100-foot setback must be provided along both sides of the East Gallatin River; o The setback must extend to the edge of the delineated boundary of the regulated flood hazard area per section 38.600.130.B if the regulated flood hazard boundary is larger than the setbacks established in this subsection 2.c (In this case, the East Gallatin River 100-foot Setback); and o The setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands.  Note: the most conservative setback applies as the setback for the development. The applicant is requesting a 35 foot watercourse setback from the City's required minimum 50 foot wetland buffer perimeter requirement. The applicant is advised that the adjacent watercourse to the property (East Gallatin River) is listed as an impaired waterbody for both total phosphorus and nitrogen (Source: MDEQ Lower Gallatin Planning Area TMDLs & Framework Water Quality Improvement Plan, March 2013 Document Number M0S-TMDL-02af). The applicant must justify the relaxation, show how the proposed relaxation will meet the criteria for approval in BMC 38.430.030 a-c. and provide sufficient information for approval on the proposed design for this development including the reduction in watercourse setback and why the watercourse setbacks cannot be me. The applicant must show how the design and reduction in the City's adopted watercourse setback mitigates any impacts from the proposed development as it relates to critical lands protection, wildlife, protection of natural features, water quality, flooding, and public safety. The written and graphic material provided related to this relaxation are insufficient. RESPONSE: A relaxation is requested to reduce the wetland buffer width from 50 feet to 35 feet. The relevant standard is BMC 38.410.100.A.2.c.4.d, which reads: (d) The setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. Justification for the requested relaxation is provided under Section 7 (Relaxation #4) of the application. The relaxation is required to meet the minimum density goals of the site’s R-1 zoning. General Comment The proposed PUD Concept Plan (PUDC) and the Subdivision Pre-Application (PA) is very similar to the previous Bridger Meadows application, in which the City Commission denied. The applicant is advised that many of the City's Commissions findings would likely still apply to the project as currently proposed. RESPONSE: The City engineering and code requirements are essentially the same as they were for the previous (Bridger Meadows) submittal, which was supported by both the planning and engineering departments. This application includes numerous revisions have been incorporated into the project to address the previous commission’s concerns, and to demonstrate more clearly that the Shady Glen development is far superior to what is possible on this property under standard subdivision regulations. The Shady Glen PUD provides greatly improved emergency access to its neighbors, provides new homes including affordable homes that are sorely needed, and protects a unique, undeveloped wildlife refuge within the City. The applicant is advised that the criteria to grant the listed required relaxation in this PUDC must be addressed in order for the project to be deemed sufficient for approval by staff. It should be noted that many of the required relaxations may not be able to be met without significant design changes, such as but not exclusively lot configuration, a reduction in overall density, increasing the wetland buffer, street layout and configuration, and a City compliant street access to the development. RESPONSE: The proposed relaxations, if granted, would help the City of Bozeman achieve its planning and development goals. The Planned Unit Development approach allows for some relaxation of standards if the resulting overall development is superior to what is possible under standard subdivision regulations. The project has numerous benefits to the area and to the City as a whole, many of which would not be possible under the subdivision standards. On this project, these benefits far outweigh the relaxations.