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HomeMy WebLinkAboutLegends at Bridger Creek II Subdivision, Phase 2, Preliminary Plat with Variance, P-13003_19 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development SUBJECT: The Legends at Bridger Creek II Subdivision, Phase 2 with Variance File #P-13003 MEETING DATE: June 3, 2013 AGENDA ITEM TYPE: Action - Quasi Judicial RECOMMENDATION: That the City Commission approves the requested variance to Section 38.24.060.B.4 “Level of Service,” BMC and conditionally approves the Preliminary Plat Application for the Legends at Bridger Creek II Subdivision, Phase 2 planning application #P-13003, with the conditions listed in Planning Board Resolution #P-13003. Staff recommends that the City Commission act first on the requested variance and then recommends that the preliminary plat application be conditionally approved with the conditions listed in Planning Board Resolution #P-13003. RECOMMENDED MOTIONS: Recommended Motion for Variance Request: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13003 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed.” Recommended Motion or Preliminary Plat: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13003 and move to approve the preliminary plat application for the Legends at Bridger Creek II Subdivision, Phase 2 requested in application #P-13003 authorizing to subdivide 9.39 acres and create 26 residential, single household lots and the remaining area as open space, public alley, and public streets subject to the conditions listed in Planning Board Resolution #P-13003. Staff report page references: conditions of approval, page 3; subdivision and findings criteria, page 10; code provisions, page 12; and variance discussion and criteria, page 16. BACKGROUND: Property owner and applicant Guinness Partners, Inc. and representative Morrison-Maierle, Inc. have submitted a Major Subdivision Preliminary Plat application to subdivide 9.39 acres and create 26 residential, single household lots and the remaining areas as common open space, public alley, and public streets. The subject property is annexed with a 149 zoning designation of R-1 (Residential Single Household Low Density District) and is located southeast of the intersection of Boylan Road and Northview Street, and due east of the Legends at Bridger Creek II, Phase 1 Subdivision. The Development Review Committee (DRC) provided a recommendation of conditional approval on April 10, 2013. The Planning Board held a public hearing and reviewed the proposal on May 7, 2013 and voted 5-0 to recommend conditional approval of the preliminary plat application and approval of the variance to Section 38.24.060.B.4, BMC. Public comment was received from five members of the general public regarding the trail and character within Open Space #10. The applicant’s representative indicated at the Planning Board’s public hearing that they were in general agreement with the recommended conditions of approval pending a final legal review of the conditions. A full and complete digital version of the preliminary plat application is available upon request at the office of the Department of Community Development. Included in the back of the applicant’s preliminary plat notebook is a full digital version of the supplemental information provided with the original preliminary plat application in 2006. Staff’s full analysis of the review criteria for this major subdivision is included in the attached staff report. UNRESOLVED ISSUES: None. ALTERNATIVES: 1. Approve the application with the recommended staff conditions; 2. Approve the application with modifications to the recommended staff conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS: No significant fiscal effect has been identified. Attachments: Staff Report; Planning Board Resolution #P-13003;Planning Board Meeting Minutes, May 7, 2013; Applicant’s submittal materials; and public comment. The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. Report compiled on: May 17, 2013 150 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 1 Planning Board & City Commission Staff Report for Legends at Bridger Creek II Subdivision, Phase 2 Preliminary Plat with Variance Application File #P-13003 Item: A Subdivision Preliminary Plat Application with Variance, Planning Application #P-13003 to subdivide 9.05 acres and create 26 residential, single household lots and the remaining area as open space, public alleyway, and public streets located southeast of the intersection of Boylan Road and Northview Street, and due east of the Legends at Bridger Creek II, Phase 1 Subdivision Owner/Applicant: Guinness Partners, Inc. 430 N. Ryman, 2nd Floor Missoula, MT 59802 Representative: Morrison-Maierle, Inc. P.O. Box 1113 Bozeman, MT 59771 Date/Time: Before the Planning Board on Tuesday, May 7, 2013 at 6:00 PM, City Commission Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana Before the City Commission on Monday, June 3, 2013 at 6:00 PM, in the City Commission Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana Report By: Brian Krueger, Development Review Manager Staff Recommendation: Variance, Approval to variance to the Unified Development Code (UDC) from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. Staff Recommendation: Preliminary Plat, Conditional Approval Recommended Motion for Variance Request: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13003 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed.” Recommended motion for Preliminary Plat Application: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13003 and move to approve the preliminary plat application for the Legends at Bridger Creek II Subdivision, Phase 2 requested in application #P-13003 authorizing to subdivide 9.05 acres and create 26 residential, single household lots and the remaining area as open space, public alleyway, and public streets subject to the conditions listed on pages 3-5 of the staff report. Project Location The subject property is located southeast of the intersection of Boylan Road and Northview Street, and 151 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 2 due east of the Legends at Bridger Creek II, Phase 1 Subdivision. The subject property is legally described as being a portion of Tract 2 shown on film 12, page 825 records of Gallatin County situated Section 32, Township 1 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. The property is within the corporate limits of the City of Bozeman and zoned R-1, (Residential Single- Household Low Density District). Please refer to the vicinity map provided below. Zoning Designation & Land Uses The subject property is zoned R-1 (Residential Single-Household Low Density District). The intent of the R-1 District is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. The following land uses and zoning are adjacent to the subject property: North: Agricultural lands under Gallatin Country Jurisdiction zoned AS (Agricultural Suburban District). South: Developed single-household lots under Gallatin Country Jurisdiction zoned AS (Agricultural Suburban District). East: Creekwood Subdivision zoned R-1. West: Legends at Bridger Creek II, Phase 1 zoned R-1 Proposal Guinness Partners, Inc., represented by Morrison-Maierle, Inc. has submitted a major subdivision preliminary plat application to subdivide 9.05 acres and create 26 residential, single household lots and the remaining area as public streets, open space, and public alleyway. The site in question is currently vacant, undeveloped land. The proposed areas for streets and lots contain no physical features, mature vegetation, watercourses or associated wetlands. The remainder Lot R includes the Bridger Creek watercourse corridor, adjacent wetlands and the associated floodplain. The application includes one request for variance to the Unified Development Code (UDC) from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the 152 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 3 intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. The staff analysis of and findings for the variance criteria can be found on page 16 of this report. Recommended Conditions of Approval Pursuant to Section 38.03.040 of the City of Bozeman Unified Development Code (UDC), the Planning Board shall review the preliminary plat request to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Monday, June 3, 2013 public hearing. Planning Board Resolution #P-13003 and minutes of the Planning Board’s May 7, 2013 hearing will be forwarded to the City Commission and made a part of the Commission’s record. The recommended conditions of approval do not include code requirements identified in the staff findings. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the minimum standards in order to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. The applicant must comply with all provisions of the Bozeman Municipal Code which are applicable to this project. The Development Review Committee reviewed the Preliminary Plat application; and as a result, found that the application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act, and the Unified Development Code. On April 10, 2013 the Development Review Committee (DRC) recommended conditional approval of the preliminary plat application as outlined below. Preliminary Plat Conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Legends at Bridger Creek II property owners association for said major subdivision. Any cost sharing agreements for maintenance shall be included with the final plat. 4. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: 153 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 4 “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase II.” 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 6. The applicant shall provide a minimum of .78 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 26 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 7. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase 1 including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 8. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to 154 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 5 dedicate public parkland within the subdivision. 9. The definition for “parks” in the homeowner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision. 10. Document #2278593 filed at the Gallatin County Clerk and Recorder shall be amended to remove reference to a 15’ rear yard setback for lots 69-71 and 76 through 121 on page 6 section 5.6. 11. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 12. The remainder of the Legends at Bridger Creek II, Phase 2 of Tract 2 of Film 12 (page 825) shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 13. The sidewalks and trails within greenspace corridors shall be installed within public access easements. 14. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 15. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. 16. Unless a variance is approved by the Commission, all improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Bridger Drive. 17. The dedicated turn bays at the intersection of Bridger Drive and Northview Street recommended in the traffic study for the Legends Phase II preliminary plat must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted. Adopted Growth Policy Designation The Future Land Use Map of the Bozeman Community Plan designates the property to develop as “Residential”. This category designates places where the primary activity is urban density dwellings. 155 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 6 Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on September 5, 2012. With the pre-application plan review application, a partial waiver was requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplement’s” and granted by the DRC finding that said information was provided with the original preliminary plat application in 2005. A digital copy of the supplemental information and Environmental Assessment study provided in 2005 is included in the applicant’s preliminary plat application. The Community Development Department offers the following summary comments on supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Bridger Creek borders the subdivision on the north side. This watercourse has associated wetlands and floodplain. As a result, any activity within the identified watercourse, wetlands area and/or floodplain (i.e., road construction) will require applicable Section 310 and 404 Permits and/or Floodplain Development Permits. There are no surface water resources or associated wetlands found within the subdivision boundaries of the preliminary plat application. 38.41.060.A.2 Floodplains The Federal Emergency Management Agency (FEMA) maps for this area were ground truthed with the 2005 Legends at Bridger Creek II preliminary plat application to ensure that no improvements for the project will be constructed in the 100-year flood hazard area. The project engineer updated that information with this preliminary plat application in light of the new FEMA maps adopted September 2, 2011. The engineer found that the ground truthed flood hazard boundary established in 2005 generally agrees well with that shown on the updated map. No work is proposed within the 100 year flood plain. The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. Fill shall be placed in the location of the “gaps” in the catch of the delineated boundary to approximate the historic boundary. Per the “Preliminary Plat Storm Water Plan for the Legends at Bridger Creek II” by Morrison Maierle, Inc.: the minimum first floor elevations shall be designated on the final plat; the minimum first floor elevation (including basement) shall be 2 feet or more above the base flood 156 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 7 elevation; and the Final Plat shall include a notation that although no lots are in the 100-year floodplain, it is recommended that lot owners consider obtaining flood insurance due to proximity, and that it is recommended that lot owners consider construction of structures on suitable fill at an elevation no lower than the base flood elevation and extended for at least 15 feet, at that elevation, beyond the structure(s) in all directions. 38.41.060.A.3 Groundwater Groundwater in the area of this preliminary plat application was discussed in the applicant’s narrative and based on the information previously provided for the preliminary plat application of Legends at Bridger Creek II Subdivision in 2005. In 2005, the static ground water levels were monitored as being within 5 feet of ground surface. Groundwater depths in the area of Legends II vary depending on proximity to Bridger Creek and the associated wetlands and floodplain. The applicant’s supplemental information notes that data recorded (2004) from the 11 monitoring wells shows the majority of the southern portion of the property to have ground water depths below the level of the monitoring well, while the northern portion of the property would have a minimum depth to groundwater of 1 to 10 feet from April to July. There is a note on the final plat that there is the potential for seasonal high ground water tables within the area of the subdivision and that due to high ground water conditions, that full or partial basements are not recommended. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems. 38.41.060.A.4 Geology, Soils and Slopes There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade are evident. The principle soil types identified by the Department of Natural Resources Conservation Service in the area of the subdivision involve two general soil types; Sudworth-Nesda Loams (407A) – which has flooding limitations, and Bandy-Riverwash-Bonebasin Complex (606A) – which has flooding limitations and hydric components. 38.41.060.A.5 Vegetation No mature vegetation or critical vegetation species are found on the site. The site currently consists of native grasses and pasture. To control the spread of noxious weeds a Memorandum of Understanding with the County Weed District will be required to be submitted with the final plat. The application has a previous noxious weed management plan for the site that was approved by the County Weed Board on in January of 2006 and was valid for three years. 38.41.060.A.6 Wildlife Due to the historical use of the property as agricultural lands, filing of the final plat for Legends at Bridger Creek II, Phase 1 in 2007 and the construction of residential dwellings in proximity to the site, no critical wildlife species have been identified in the immediate area. The 75-foot watercourse setback along the existing Bridger Creek watercourse, wetlands and floodplain will protect any riparian environment already established on the property. The Environmental Assessment wildlife study in 2005 noted that the property in its present condition would only be expected to be marginally used by wildlife. 38.41.060.A.7 Historical Features The Environmental Assessment cultural resources study in 2005 noted that a field reconnaissance and 157 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 8 file search was completed by a cultural resources consultant and found that no known cultural resources historical structures existed on the site. 38.41.060.A.8 Agriculture Historically, the subject property has been used for agricultural purposes as part of a larger farmstead until such time that the existing residential subdivision was created in 2007 and another development, Legends at Bridger Creek I, in the vicinity a few years earlier. Installation of streets, infrastructure and utilities, construction of residential development adjacent to the parcel and the limited size of the site eliminates the ability to consider it a viable farming unit. 38.41.060.A.9 Agricultural Water User Facilities The applicant’s supplemental information provided with the 2005 Environment Assessment provides information and evidence that the historic agricultural water user facility on the property has been abandoned, and there are no parties with any easement rights associated with this abandoned ditch. 38.41.060.A.10 Water and Sewer Municipal sanitary sewer and water mains exist in the Northview Street and Boylan Road rights-of- way. Sewer and water mains are proposed to be extended in the Midfield Street right-of-way to serve all lots. Adequate capacity exists to service the subdivision. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management The stormwater management plan for Legends at Bridger Creek Subdivision II was approved with the filing of the final plat for Phase 1 in September 2007 that included storm water runoff from the development of this preliminary plat application and is accounted for in the management plan. Stormwater runoff will be conveyed to a series of detention/retention ponds located throughout the existing subdivision that will treat sediment and oils from the storm water before discharging into the watercourses in the area or allowed to infiltrate in the ground. 38.41.060.A.12 Streets, Roads and Alleys Access to the 26-lot residential subdivision is provided by two existing streets, Boylan Road and Northview Street. Boylan Road, a local street, is accessed from Story Mill Road to the west and North view Street, a local street, is accessed from MT Highway 86 also know as Bridger Drive/Bridger Canyon Road. MT Highway 86 is designated a Major Arterial. An alley will be extended to the east from the existing portion accessed from Northview Street. A temporary all weather turnaround is proposed at the east end of the dead end alley to accommodate vehicle turnaround and is sized to accommodate large sanitation and fire vehicles. 38.41.060.A.13 Utilities That applicant notes that private utilities are available to the site within existing utility easements. All private utilities servicing the subdivision will be installed underground. Northwestern Energy provided a letter for the application stating that they are willing and able to provide service to the proposed subdivision for gas and electric service. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat includes the easement notation required with the Certificate of Dedication as set forth in the Unified Development Code. 158 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 9 38.41.060.A.14 Educational Facilities The applicant solicited comments from the Bozeman School District and received a letter confirming that the school district has capacity to serve the subdivision. The subdivision is in the Hawthorne Elementary School, Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use This subdivision preliminary plat application proposes residential uses with 26 single-household residential lots that range from 5,000 square feet to 9,265 square feet in size. Under the current R-1 (Residential Single-Household Low Density District) zoning designation the land use types are listed as principal permitted uses in Chapter 38 of the Unified Development Code (UDC). 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision block were satisfied with public parklands dedicated with the filing of final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be .78 acres. The Legends at Bridger Creek II Subdivision Phase 1was platted in 2007. The parkland dedicated with that phase was 5.304 acres. The required parkland dedication for Phase 1 was 1.41 acres (47 lots at .03 acres/lot). Therefore there is still a 3.11 acre parkland reserve for future phases. A master parks plan was approved by the City Commission on January 16, 2007. The proposed open space and public right-of-way improvements are in conformance with this plan. 38.41.060.A.17 Neighborhood Center Plan The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan Road and Northview Street is identified as satisfying the requirements of a neighborhood center for the Legends at Bridger Creek II Subdivision. The dedicated park is of a size and layout that allows for both passive and active recreation, and includes a trail along the Bridger Creek watercourse. The platted location of the park does not meet the following criteria detailed in Section 38.23.020.A.1 or 38.23.020.A.3: the geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along 100% of its perimeter. Staff recommends and finds that these requirements be waived due to the site constraints and the presence of critical lands. The Bridger Creek watercourse corridor is a critical habitat and constrains the site. A public trail is provided in the watercourse corridor parallel to Bridger Creek. Staff recommends condition to clarify ownership and maintenance of open space areas and public right-of-way landscape improvements. 38.41.060.A.18 Lighting Plan A Special Improvement Lighting District was created in August of 2008 that included the property proposed for subdivision. This subdivision phase is within the existing district and the proposed streetlights at the intersections of Midfield Street and Northview Street, Midfield Street and Boylan Road, and midblock along Midfield Street will be installed and added to the lighting district. 38.41.060.A.19 Miscellaneous There are no public lands, other than parkland, adjacent or within 200 feet of the proposed development. No health or safety hazards on or near the subdivision (i.e., mining activities or potential 159 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 10 subsidence, high pressure gas lines, dilapidated structures or high voltage power lines) have been identified with this preliminary plat application. 38.41.060.A.20 Affordable Housing The Workforce Housing ordinance and program has been suspended by the City Commission until further notice and evaluation of the program. Staff Findings/Review Criteria As set forth under Section 38.03.040 of the Unified Development Code, a copy of the Preliminary Subdivision Plat application was distributed to all appropriate agencies for review and comment, and those agency comments received by the Community Development Department have been included in the staff’s summary review report. The Planning Board shall review the preliminary plat, together with required supplemental information, and determine whether the plat is in compliance with the City’s growth policy, and forward a recommendation of approval, conditional approval, or disapproval of the plat. The basis for the City Commission's decision to approve, conditionally approve, or disapprove the Preliminary Plat application shall be whether the preliminary plat, supplemental information, Planning Board advice and recommendation, and additional information demonstrate that development of the subdivision would meet the requirements of the Montana Subdivision and Platting Act. The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the Development Review Committee, and other applicable review agencies have made comments in relation to those and other criteria as described below, and have recommended conditions as outlined at the beginning of this staff report. A. Primary Review Criteria 1. Effects on Agriculture The site is located within a developed urban part of the City being and extension to the Legends at Bridger Creek II Subdivision, Phase 1 and has no agricultural components that would be impacted by the proposed subdivision. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. Although the subdivider does not anticipate any impacts to downstream water users with this subdivision, the applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance and agricultural water user facilities, and are therefore advised that they may be subject to those restrictions. 3. Effects on Local Services Water/Sewer: Municipal sanitary sewer and water mains exist in the Northview Street and Boylan Road rights-of-way. Sewer and water mains are proposed to be extended in the Midfield Street right- of-way to serve all lots. Police/Fire: The property is located within the City’s Police and Fire emergency response area. Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision’s street network for the major subdivision. Extensions to Boylan Road are proposed to accommodate the construction of Midfield Street to provide primary access to all lots. The traffic study recommends the 160 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 11 installation of dedicated turn bays at the intersection of Bridger Drive and Northview Street to accommodate primary access to the subdivision . Engineering staff recommends a condition to require that the turn bays be installed as recommended in the traffic study for the Legends Phase II preliminary plat or financially guaranteed prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted. Stormwater: The 26-lot subdivision was included in the Stormwater Master Plan reviewed and approved by the City Engineer’s Office for the original subdivision platted in 2007. No significant site or grading changes are proposed as part of this subdivision application. Parklands: Dedicated public parkland required with this subdivision was met with the approved park master plan and public parkland dedicated with the final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. The applicant proposes the construction of public sidewalk within common open space to satisfy pedestrian connectivity to lots accessed by Medicine Wheel Lane and to provide a mid block crossing across Midfield Street. Utilities: All private utilities (electricity, gas, cable and phone utilities) are proposed in the adjacent streets or within utility easements on the subject lots specified on the preliminary plat. 4. Effects on the Natural Environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. 5. Effects on Wildlife and Wildlife Habitat No known endangered species or critical game ranges have been identified on the subject property. This area of the City has been identified and developed for urban purposes in a location of the City where no physical features, established vegetation or habitat exist, which reduces the potential for development of any wildlife habitat. 1. Effects on Public Health and Safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC) which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the DRC has reviewed this application against the listed criteria and further provides the following summary review. B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and approval by City staff. C. 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 Unified Development 161 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 12 Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Bozeman Unified Development Code and shall be addressed with the final plat: a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §38.41.060, BMC. b. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final plat(s) of the major subdivision. c. 38.21.060.C.1 “Corner Lots” – The property owner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. d. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. Further, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots. e. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. f. 38.23.060.B “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements shall be noted on the Final Plat for each typical subdivision lot/block. g. 38.23.120 - If mail will not be delivered to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way. h. 38.25.020.A “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages as outlined by Section 38.25.020.A, BMC. i. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the 162 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 13 newly planted tree is visible and above ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. j. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on the portions of open space 10 adjacent to Boylan Road and Northview Street. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. k. 38.27.090 “Waiver of Park Maintenance District – Prior to final plat approval, executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. l. 38.38.030 “Covenants” - Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations and “no basement restriction”, 9) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 10) noxious weed control, 11) parking within residential structures, and 12) assessment of existing and future Special Improvement Districts. 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. m. 38.39.030 “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. n. 38.39.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.” o. 38.41.050.A.8 – A Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Community Development Department prior to Final Plat approval. 163 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 14 p. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements or common open space areas once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control boxes. q. The applicant shall obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. r. The subdivider shall ensure that all construction materials and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. s. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. t. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. u. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. v. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot 164 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 15 frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. w. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. x. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any work being conducted within the limits of the delineated 100 year floodplain. b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. Fill shall be placed in the location of the “gaps” in the catch of the delineated boundary to approximate the historic boundary. y. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval. z. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. aa. Project phasing shall be clearly defined including installation of infrastructure. bb. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. cc. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. dd. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. ee. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. ff. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman Unified Development Code. The notice was mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the 165 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 16 Bozeman Planning Board shall forward a recommendation in the form of a Resolution to the Bozeman City Commission who will make the final decision on the applicant’s request. E. Provision for easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase. F. Provisions of legal and physical access to each parcel. The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as common open space and for all streets/alleys if they are not dedicated to the public. Public Comment As of this writing the Community Development Department has not received any public comment based upon the solicited notification for this subdivision. Staff did receive several public comments following a public meeting the subdivider had with the neighborhood prior to filing the preliminary plat application. These comments are provided for your information. The comments primarily regard the pedestrian sidewalk in common open space 10. The comments are mixed, with some in favor of the walkway and some opposed. This sidewalk is required to be constructed as proposed to provide the primary pedestrian access to lots 30-38A located in Phase 1 of the Legends at Bridger Creek II Subdivision, as these lots are located along an alleyway (Medicine Wheel Lane) that does not have a pedestrian facility associated with it. This sidewalk also connects to a midblock pedestrian crossing of Midfield Street that is required to provide conformance to block length standards. Any additional public comment received prior to the public hearings will be provided to the Board and City Commission. Section 38.35.070 Subdivision Variance Criteria The application includes one request for variance to the Unified Development Code (UDC) from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. Per 76-3-506, MCA, a variance to the UDC must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that the following review criteria are adequately addressed. 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties. The variance request is from the Level of Service standard in the code. Although related, Level of Service is not a direct indication of the safety of an intersection but rather the delay associated with a movement at the intersection. The traffic impact study for the subdivision showed that at build out the delay would increase, but the intersection would still not meet warrants to allow for signalization. Other means of mitigating the level of service were explored, but would not be allowed by the Montana Department of Transportation. Given this, there will be no change to the traffic control at the intersection until growth in the area causes warrants to be met regardless of whether or not the variance is granted. 166 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 17 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretations of this title is enforced. Although not due to physical surroundings, shape or topographical conditions, an undue hardship would result in a strict interpretation of this title because it will create a condition that the applicant cannot meet. The level of service for the northbound left turning movement is less than C which is the minimum allowed by the code. In this case, however, the intersection does not meet warrants necessary to allow for signalization. The applicant investigated two other means of mitigating the level of service which were to install a “pork chop” on the southern leg to prohibit the problem movement or install a 4 way stop. Neither those proposed mitigation solutions were acceptable to the Montana Department of Transportation who have jurisdiction over the intersection. 3. The variance will not cause a substantial increase in public costs. No funding source has been identified for the future signalization of this intersection. If the City chose to fund the future improvements through the creation of a Special Improvement District, the properties within this subdivision would participate since they have provided a waiver. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this title or with the City’s growth policy. No, staff has not identified any other nonconformity with the granting of these variance requests. Based on the findings outlined above, the Development Review Committee considered the applicants’ variance requests to the Unified Development Code; and as a result, recommends approval of the variance request. Conclusion/Recommendation Pursuant to Section 38.03.040.D of Chapter 38, BMC, the Planning Board shall review the preliminary plat and supplementary information to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Monday, June 3, 2013 hearing which begins at 6:00 PM. Planning Board Resolution #P-13003 and minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a part of the Commission’s record. As an application for a major subdivision, the Planning Board will make a recommendation to the City Commission. The City Commission shall make the final decision of this application. The decision of the City Commission may be appealed by an aggrieved person as set forth in Article 38.35, BMC. Attachments: Agency Review Comments Applicants’ Preliminary Plat Materials Mailed to: Owner/Applicant: Guinness Partners, Inc. 430 N. Ryman, 2nd Floor Missoula, MT 59802 Representative: Morrison-Maierle, Inc. 167 #P-13003 Legends at Bridger Creek II, Phase 2 Subdivision Staff Report 18 P.O. Box 1113 Bozeman, MT 59771 168 The Legends at Bridger Creek II Subdivision, Phase 2 1 RESOLUTION #P-13003 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 9.39 ACRES, LOCATED SOUTHEAST OF THE INTERSECTION OF BOYLAN ROAD AND NORTHVIEW STREET AND DUE EAST OF THE LEGENDS AT BRIDGER CREEK II, PHASE 1 SUBDIVISION INTO 26 RESIDENTIAL, SINGLE HOUSEHOLD LOTS AND THE REMAINING AREA AS OPEN SPACE, PUBLIC ALLEY AND PUBLIC STREETS ON PROPERTY DESCRIBED AS BEING A PORTION OF TRACT 2 SHOWN ON FILM 12, PAGE 825 RECORDS OF GALLATIN COUNTY SITUATED SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner and applicant, Guinness Partners, Inc. and representatives, Morrison-Maierle, Inc. , submitted a Major Subdivision Preliminary Plat Application to subdivide 9.39 acres, southeast of the intersection of Boylan Road and Northview street and due east of the Legends at Bridger Creek II, Phase 1 Subdivision into 26 residential, single household lots and the remaining area as open space, public alley and public streets on property described as being a portion of tract 2 shown on film 12, page 825 records of Gallatin County situated section 32, township 1 south, range 6 east, PMM City of Bozeman, Gallatin County, Montana. WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03 of the Bozeman Unified Development Code; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application includes a request for variance to Chapter 38 of the Bozeman Municipal Code from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, May 7, 2013, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, four members of the general public provided written or oral public testimony on the matter of the preliminary plat application regarding open space and trails in the proposed subdivision; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application regarding the open space and trails, parkland credits in Legends at 169 The Legends at Bridger Creek II Subdivision, Phase 2 2 Bridger Creek, Phase 1, the proposed alleyway extension, and the requested variance to the Unified Development Code; and WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the applicant’s requested variance to the Unified Development Code, BMC; and WHEREAS, the City of Bozeman Planning Board moved to recommend conditional approval of the preliminary plat application with the recommended conditions of approval, as amended by the Community Development staff; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions as amended, the Major Subdivision Preliminary Plat Application would comply with those requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P-13003 and voted 5-0 to recommend approval of the requested variance to Chapter 38 of the Bozeman Municipal Code from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P-13003 and voted 5-0 to recommend approval of the preliminary plat application for the Legends at Bridger creek II Subdivision, Phase 2, requested in application P- 13003 authorizing to subdivide 9.39 acres and create 26 residential, single household lots and the remaining area as open space, public alley, and public streets subject to the following conditions: Recommended Conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Legends at Bridger Creek II property owners association for said 170 The Legends at Bridger Creek II Subdivision, Phase 2 3 major subdivision. Any cost sharing agreements for maintenance shall be included with the final plat. 4. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase II.” 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 6. The applicant shall provide a minimum of .78 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 26 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 7. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase 1 including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger 171 The Legends at Bridger Creek II Subdivision, Phase 2 4 Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 8. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 9. The definition for “parks” in the homeowner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision. 10. Document #2278593 filed at the Gallatin County Clerk and Recorder shall be amended to remove reference to a 15’ rear yard setback for lots 69-71 and 76 through 121 on page 6 section 5.6. 11. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 12. The remainder of the Legends at Bridger Creek II, Phase 2 of Tract 2 of Film 12 (page 825) shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 13. The sidewalks and trails within greenspace corridors shall be installed within public access easements. 172 The Legends at Bridger Creek II Subdivision, Phase 2 5 14. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 15. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. 16. Unless a variance is approved by the Commission, all improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Bridger Drive. 17. The dedicated turn bays at the intersection of Bridger Drive and Northview Street recommended in the traffic study for the Legends Phase II preliminary plat must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted. DATED THIS DAY OF , 2013 Resolution #P-13003 _____________________________ ____________________________ Brian Krueger, Development Review Manager Carson Taylor, President Pro Tem Department of Community Development City of Bozeman Planning Board 173 Page 1 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. PLANNING BOARD MINUTES TUESDAY, May 7, 2013 ITEM 1. CALL TO ORDER AND ATTENDANCE President McSpadden called the regular meeting of the Planning Board to order at 6:05 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and directed the secretary to take attendance. Members Present: Staff Present: Trever McSpadden, President Brian Krueger, Development Review Manager Carson Taylor Wendy Thomas, Director of Community Development Julien Morice Sally Thomas, Recording Secretary Paul Neubauer George Thompson Carl Tange Members Absent: Guests Present: Adam Fruh Matt Ekstrom, Morrison Maierle, Inc. Erik Garberg Jim McCleod, Ferran Group Lisa and Clint Sly ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} No public comment. ITEM 3. MINUTES OF APRIL 2, 2013 Mr. Taylor noted corrections: Change to instances of “Carson” to “Mr. Taylor.” MOTION: Mr. Neubauer moved, Mr. Taylor seconded, to approve the minutes of April 2, 2013 as amended. The motion carried 5 - 0. Those voting aye being President McSpadden, Mr. Taylor, Mr. Neubauer, Mr. Thompson and Mr. Tange. Those voting nay being none. ITEM 4. NEW BUSINESS Mr. Taylor welcomed new member Mr. Carl Tange to the Board. Mr. Neubauer: Most new subdivisions all common spaces and lawns are irrigated. Is there a metric about limiting water use for these common spaces other than soccer fields etc? Mr. Taylor: The Integrated Water Resources Plan will cover this issue and encourage use of treated water. 174 Page 2 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. Mr. Neubauer hopes that the use of treated water for landscaping will be increased. President McFadden recounted an instance where a subdivision needed to augment groundwater with treated water. President McSpadden suggested that this might be a future agenda item. At 6:20 pm President McSpadden recessed the meeting until 7:00 pm. At 7:00 p.m. President McFadden reconvened the meeting. President McSpadden then recused himself due to a conflict of interest. President Pro Tem Taylor then proceeded with Item 5. ITEM 5. PROJECT REVIEW 1. Major Subdivision Preliminary Plat - #P-13003 (Legends @ Bridger Creek II Phase II) – A Major Subdivision Preliminary Plat application with a variance, as requested by the property owner Guinness Partners, Inc., 430 N. Ryman Second Floor, Missoula, MT 59802 and represented by Morrison Maierle, Inc., PO Box 1113, Bozeman, MT 59771, requesting the subdivision of 9.05 acres into 26 residential single household lots and remaining area as streets and common open space. The subject property is legally described as being a portion of Tract 2 shown on film 12, page 825 records of Gallatin County situated Section 32, Township 1 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana and is known commonly as the Legends at Bridger Creek II Subdivision, Phase II. (Krueger) Planner Krueger introduced himself and the application. The property is NE of Bozeman, on the way to Bridger Canyon. It is zoned R-1, bound by County property and City Property, and the Mt. Baldy subdivision and more agricultural land to the north. Residential on Future Land Use Map. North Boundary is Bridger Creek. He described other City subdivisions in the area: Legends at Bridger Creek I, and further east Legends II, then the Creekwood Subdivision. Large area in Legends at Bridger Creek II, Phase I is a 5-acre park. Variance has been requested to allow the level of service at the intersection of Story Mill Road and Bridger Drive to operate below the required standard. The traffic study determined it does have movement at that intersection that makes it substandard. The Montana Department of Transportation(MDT) has jurisdiction and will not allow mitigating improvements to be installed at the intersection that puts the applicant in a catch 22 where they cannot meet the City standard. The proposal is to add 26 lots. Northview is the primary access street. Extend a small portion of Boylan Road and an extension of an alley to provide secondary access to the lots in this location. Middlefield Street is proposed for legal access to all new lots. The proposed open space would be operated by the Property Owner’s Association with public access, required mid-block pedestrian connection would act as a block delineator. MDT would not approve Story Mill Road and Bridger Drive improvements but recommended a dedicated left-hand turn lane for residents turning into the subdivision at the Northview Street Bridger Drive intersection. Must add 6 - 8 feet to accommodate that turn lanes. It is a four-legged intersection and the turn lane would improve the safety to that intersection. There is enough easement to 175 Page 3 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. accommodate this turn lane. Dedicated Parkland: .78 acres are required. The 5-acre park exceeds this requirement and is a “positive balance” for this subdivision. Parks & Rec Advisory recommends the City accept this for the parkland requirements. Area was originally planned for a community center. Parkland includes a trail corridor that begins at Story Mill Rd and continues to Creekwood. Might be advantageous to get an easement along that corridor but is not a requirement tonight. As future phases are developed the trail corridor will connect. The trail area is not in an area required for platting. Mr. Thompson: Neighborhood center, would it reduce the openness of that parkland? Krueger: The original PUD plan showed a neighborhood center, but that center is no longer being proposed. It is a developed lot zoned R-1, could be subdivided, could be parkland, could be a single household residence, but it would probably be best utilized as dedicated parkland and the Parks Dept would have authority as to what woud be built. Mr. Thompson: Soccer field? Planner Krueger: Can only place one soccer field in that area due to size. Most is vegetated watercourse setback and not open, flat turf. If the additional lot were added to the parkland additional playfields might be able to be added. Noted the Parks & Open Space Planting Plan, mid-block crossing, and blvd. trees areas. Walkway does goes through the open space had not been included in previous phase. Along Medicine Wheel Lane, the lots are accessed by an alley and no pedestrian walkway currently exists to the lots. Similar to the previously constructed area to the southwest a walkway is now proposed through Open Space 10 to provide access to the lots.. The sidewalk there is maintained by the HOA. Did receive quite a bit of public comment on the walkway and character in Open Space 10 prior to the submittal of the preliminary plat, and the comments are mixed. Some want natural open space without a pedestrian connection, while others preferred a more maintained area with connectivity. The owners along Medicine Wheel would have to extend their sidewalks to connect, but City has responsibility to require safe pedestrian access. Gallatin Land Trust were willing to help maintain connector trail along Bridger Creek if developer would dedicate easement. That area is within Lot R, a remainder lot, and per condition must come to the City for further approvals, and in turn, does not require any further infrastructure. City is recommending approval of the variance. Staff found criteria is met. Conditional approval of the plat application is recommended. Final decision of the CC and hope the Board will forward a recommendation to the Commission. Invited questions for Planner Krueger. Mr. Neubauer: Catch -22 conflict between the City and MDOT. Indications that MDT would support the four-way stop. There is another condition that speaks of MDT required approval. Mr. Neubauer. Boylan Rd will be continued. Most concern on Story Mill. When will Boylan go 176 Page 4 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. through? Planner Krueger: No longer a phased sub, and if receive a development proposal to the east they would look at the extension then. Mr. Morice: Level of service: When does MDT require a light to go in there? Who would be required to put the light in? Planner Krueger: MDT analyses the intersection, then the applicant would complete a traffic study and level of service, then MDT has a rigorous review to determine if the intersection meets signal warrants and it would be then placed as a project condition. Then who would construct and pay for the signal would be addressed. There is a state-funded roadway project in 2016 under design and right of way acquisition from this intersection all the way to east main street. They will be analyzing and designing the street, and then would probably be a state and federally funded project. Mr. Morice: Temporary alley and turnaround. When are they required on primary roads vs. access? Planner Krueger. The alley is functioning as secondary access. All-weather surface and they are required to maintain it. Sanitation Superintendent stated during DRC that the current turnaround is not being maintained as it should because of parked cars. The turnaround must function as it should. It will be policed by the folks who use that area. Mr. Taylor: Alleyway. Anticipated that it would be built up to another subdivision to the east? Story Mill question regarding potential traffic signal. We give approval but have not control about the intersection. Planner Krueger: Can’t think of a development that has been denied based on the level of service. Deficient level of service does not mean that it is an unsafe intersection. Both MDT and the City say it is safe, although the waiting times could be improved. Taylor: In this situation it is common to approve this level of service? He read that all of the lots have rights to protest an SID. Planner Krueger: SID is a public process that assess owners for improvements, typically for road infrastructure. If the state wasn’t going to be funding infrastructure along Bridger Drive an SID would be a potential funding tool. Mr. Taylor: Trail: Pay attention to this but we can’t do anything about it. Planner Krueger: Would not feel comfortable applying a condition. Requiring a Lot R remainder lot with restriction prevents the unorganized extension of the City. Based upon the plat language for lot R the City would not require any public infrastructure beyond the existing limits of this phase. Mr. Taylor: They don’t get parkland credit for the greenway? 177 Page 5 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. Planner Krueger: The City can accept wetland and naturalized corridors as parkland. Mr. Taylor: How can influence sidewalks in Openspace 10? Planner Krueger: Had heard public comments on this. If we do deviate from the plan and end up with a trail in the center of the open space then do we have spur connections that cut up the entire north side of the open space rather than building property connections to the property lines to the hookup as necessary. Mr. Taylor: In the City and this PUD we must have pedestrian access, but he understands that there’s an alleyway that doesn’t have sidewalks, which is why the pedestrian access is required behind Medicine Wheel Lane. Planner Krueger: All the new lots have pedestrian access to their lots on Midfield Street. In the application, some homes are turned to alley. Mr. Taylor: Dwelling units per acre? R-1 to R-3 Zoning requirement based on the net area, pull out parkland and streets = 5.25dwelling units per acre. Mr. Thompson: Alleyway on south side: turnarounds but no connection to a road and is very tight. Will muni employees have to back up a half mile and maybe have an accident? Planner Krueger: The Sanitation Superintendent has said that parking must be rigorously enforced to preserve the safety of this alleyway. This alley is a 30’ platted alley which is far larger than anything in the downtown area. As this area develops there is adequate room for vehicles to back out, and access lots. Mr. Thompson: What is the size of the sidewalk? Planner Krueger: Does not have that information at this time. Mr. Thompson: What are the setback requirements for the back of the lot? Planner Krueger: Typical residential yard requirement is 20’ setback in rear. Mr. Ekstrom: This exact layout was platted in 2006, not one lot line has been moved. Has been approved by City Commission before. The plat ran out of time. On Medicine Wheel Lane. Was done through PUD process. It is a City standard street. It is not an alleyway. It does not have a sidewalk. The alley will be a 16’ paved surface with shoulders is 20’. Eventually the alleyway will run the entire length of the development. Had not had a lot of time to comprehend the staff report, particularly the HOA covenants. Will work with Planner Krueger and if there are conditions they will work with the City Commission to meet them. Mr. Taylor: Other than those conditions are you agreeable with the other recommended conditions? Mr. Ekstrom: Yes, but still need to review the Property Owners Association covenants. 178 Page 6 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. Mr. Tange: High density of area struck him. Makes the road situation very important. He didn’t like the feel of the heavy density there. The surprising feature was the high-end houses in the middle of the more modest sizes? Why? Mr. Ekstrom: Was originally 6 dwelling units per acres required, even higher than they are now. Had RSL designations (affordable housing), and those lots had to be interspersed within the other homes. Mr. Tange: Seems mismatched. Are there size restrictions on the houses? Mr. Taylor: Property Owners Association could create the size restrictions. Density of scale. Can’t build the infrastructure and make it pay. Mr. Tange: Can limit the amount of lots that can be purchased in the development? Mr. Ekstrom: No regulations against it. Mr. McLeod: Legends I could buy several lots and aggregate them. Mr. Taylor: We do have the Unified Development Code which we follow. Mr. Morice: An assessment for the lighting district? Mr. Ekstrom : There is an existing Special Lighting Improvement District. Lights proposed at Northfield and Midfield, midblock on Midfield and where Midfield intersects Boylan. Mr. Taylor: How high are the lights? Mr. Ekstrom: 16’. The one on Bridger Canyon Drive must meet MDT Requirements. Mr. Taylor: Does it comply with the Dark Skies regs? Mr. Ekstrom: Yes. Planner Krueger: Interior lighting is 22’ and the Bridger Drive light is 30’. Mr. Neubauer: When Boylan might go thru will traffic mitigation be required at the Creekwood egress? There was a fatal accident at Northview Street and Bridger Drive Once Boylan goes through what will happen at the Creek wood egress? Mr. Ekstrom: Creekwood had done a traffic study, but they weren’t required to make any sort of mitigations at that time. Planner Krueger: The 2005 traffic study did look at that intersection, the Engineering Department may require another more recent study with the further development of the Legends at Bridger Creek II subdivision. 179 Page 7 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. Mr. Neubauer: Parking lot at the soccer field? 23-stall off street parking lot--where will that be? Planner Krueger: That was proposed for the community center and the park with the now expired PUD. There is not a strict requirement for parking lots in parks. Due to Bridger Creek, wouldn't want to extend the public street through the watercourse to gain frontage Mr. Tange: Access off the alley at Midfield Street? Mr. Ekstrom: The houses along Midfield Street have both alley and street access. Mr. Thompson: Seems that having the houses that face both the alley and the street is uncohesive. Planner Krueger: This occurs in many developments throughout the City. There are advantages to both forms of access. Mr. Morice: There is Valley West, the heritage by Sundance that have similar access. It is all over town. Public Comment: Mr. Clint Sly: 1762 Medicine Wheel: Traffic is especially hard during ski season at the intersection of Story Mill Road and Bridger Drive, Story Mill is a very popular way to access town. Need another traffic study. Medicine Wheel has been called a road, it is not. When cars are parked on both sides of the road it is really an alleyway, and is very narrow. The sidewalk is really in the open space. Can’t picture asking his parent to park and walk to his back door in the dark. There’s no parking, tight, congested. This should have a parking area set up. The sidewalk doesn’t solve the problem. Is there a 20’ easement or right at the lot line? Planner Krueger: 20’ is the rear setback on the Medicine Wheel lots. Not a specific easement. The landscape plan was adopted with the original first phase, and showed the pedestrian access in Open Space 10 would be in close proximity to the lots along Medicine Wheel Lane.. Mr. Sly: Walk on sidewalk to get to the house? Planner Krueger: This is a secondary way to access your house. Mr. Sly: Sidewalk is going be used as a trail: a stream of people behind their place. Would rather have a gravel trail and have it pulled to the center of the Open Space 10. Mr. Morice: Would you rather have a maintained sidewalk plowed in the winter? Mr. Sly: Does not see that it is access to the homes, but is a trail. Also, when this was developed there should have been a light at the mailboxes. Mr. Taylor: Sympathizes but nothing to be done. 180 Page 8 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. No rebuttal from the applicant. Mr. Neubauer: Is their interest in the sidewalk to meet the interests of the City? Mr. Ekstrom: Must meet City requirements and homeowner requirements too. Planner Krueger: There is a Code standard that states that the mid block crossing must be a concrete facility. Cannot be eliminated without a variance. Mr. Neubauer: Would sidewalk lead to nowhere? Planner Krueger: Pedestrian facility must be a concrete sidewalk and it does connect to other area within the subdivision and vicinity. Discussion: Mr. Neubauer: Agrees with homeowner: It is a trail and not access. Perhaps the concrete walk could meander. Mr. Thompson. Agrees. Trail is on property line in the west. Pull away from property line and install plantings. Not down center of space. Mr. Taylor: Idea of a sidewalk in the back yard seems odd, but people must have known there would be a sidewalk there. People treat the back of their house difference than the front: privacy issues. Who would pay for an maintain the plantings? Doesn’t have a hard-and-fast opinion. Must be useable. Mr. Neubauer: Where would someone park to access Mr. Sly’s house? Mr. Morice: There should be a pedestrian walk where kids can come and go, off the street. Mr. Taylor: Public comments were mixed on sidewalks. MOTION: Mr. Neubauer moved that having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13003 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. Mr. Morice seconded the motion. The motion carried 5 - 0. Those voting aye being Pro Tem President Taylor, Mr. Morice, Mr. Neubauer, Mr. Thompson and Mr. Tange. Those voting nay being none. President McFadden resumed his position on the board. 181 Page 9 of 9 City of Bozeman Planning Board Minutes of May 7, 2013. ITEM 6. ADJOURNMENT Seeing there was no further business before the Planning Board, President McSpadden adjourned the meeting at 8:45 p.m. Trever McSpadden, President Brian Krueger, Development Review Manager Planning Board Department of Community Development City of Bozeman City of Bozeman 182 Bozeman Recreation & Parks Advisory Board P.O. Box 1230 · Bozeman, MT · 59771 Park Plan Review SUBJECT: Legends at Bridger Creek II – phase 2 PLANNER: Brian Krueger FROM: Subdivision Review Committee DATE OF REVIEW: April 5, 2013 COMMENTS: • 5.3 acres of parkland was dedicated with phase 1, which required only 1.4 acres. The balance is more than sufficient to cover the .78 acres required for the 26 lots in phase 2. • An excellent and well used trail runs along Bridger Creek from Story Mill Road on the West through Creekwood Subdivision on the East. However the stretch from Medicine Wheel Lane to Creekwood needs additional fines to be properly finished. Furthermore an easement for this stretch has not yet been secured by the city. RECOMMENDATION: • Satisfying the dedication requirement with credit from previously dedicated parkland is acceptable. • The muddiest stretch of trail lies directly above phase 2 and should be improved to standard as part of this phase. Finishing the entire length of trail could be done at this time as well, and there is not much needed. • Connecting the trail from Legends I to Creekwood was a key component of the original PUD. Granting the easement for the entire trail at this time would guarantee this connection regardless of the future disposition of phases 3 and 4. It would also allow the city and GVLT to partner with the developer in the completion and maintenance of the trail. 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 OPEN SPACE 7 OPEN SPACE 16 OPEN SPACE 10LOT 39LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 47LOT 48LOT 49LOT 50LOT 51LOT 52LOT 60LOT 61LOT 62LOT 63LOT 64LOT 65LOT 66LOT 67LOT 68OPEN SPACE 7 OPEN SPACE 8 OPEN SPACE 10LOT 39LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 47LOT 48LOT 49LOT 50LOT 51LOT 52LOT 60LOT 61LOT 62LOT 63LOT 64LOT 65LOT 66LOT 67LOT 68LOT 69LOT 70LOT 718 W8 W8 W8 W8 W8 W8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W8 W8 W8 W8 SS 8 SS8 SS8 SS8 SS8 SS8 SS8 SS8 SS 8 SS 8 S S 8 SS 8 SS 8 SS OPEN SPACE 13O.S. 12O.S. 11LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 26LOT 27LOT 28LOT 29OPEN SPACE 14 LOT 30LOT 31LOT 32LOT 33LOT 34LOT 35LOT 36 LOT 37 LOT 3 8 LOT 38A LOT 1LOT 54LOT 55LOT 56LOT 57LOT 58LOT 59LOT 59A LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT53 OPEN SPACE 9PUBLIC ACCESSPUBLIC ACCESSPUBLICACCESS PUBLICACCESSPUBLIC ACCESSPUBLIC ACCESSPUBLIC ACCESS PUBLIC PARK 1THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE IIPROPERTY MAP FORFUTURE PHASE I I I & IV EXISTING LEGENDS II - PHASE IFINAL PLATTED 9/4/07 EXISTING LEGENDS IFINAL PLATTED 11/10 /05EXISTING LEGENDS II - PHASE IFINAL PLATTED 9/4/07EXIST ING LEGENDS I I - PHASE IFINAL PLATTED 9 /4 /0 7 CREEKWOOD SUB .MOUNT BALDY SUB .BRIDGER CREEK225 OPEN SPACE 7 OPEN SPACE 10LOT 39LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 47LOT 48LOT 49LOT 50LOT 51LOT 52LOT 60LOT 61LOT 62LOT 63LOT 64LOT 65LOT 66LOT 67LOT 68OPEN SPACE 7 OPEN SPACE 8 OPEN SPACE 10LOT 39LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 47LOT 48LOT 49LOT 50LOT 51LOT 52LOT 60LOT 61LOT 62LOT 63LOT 64LOT 65LOT 66LOT 67LOT 68LOT 69LOT 70LOT 718 W8 W8 W8 W8 W8 W8 W8 W8 W 8 W 8 W 8 W 8 W 8 W8 W8 W8 W8 SS 8 SS8 SS8 SS8 SS8 SS8 SS8 SS8 SS 8 S S 8 S S 8 S S 8 S S 8 S S OPEN SPACE 13 O.S. 11LOT 5LOT 6LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 26LOT 27LOT 28LOT 29LOT 30LOT 31LOT 32LOT 33LOT 34LOT 35LOT 36 LOT 37 LOT 3 8 L O T 3 8 A LOT 54LOT 55LOT 56LOT 57LOT 58LOT 59LOT 59A LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT53 OPEN SPACE 9PUBLIC ACCESS ACCESSPUBLICACCESSPUBLIC ACCESSPUBLIC ACCESSTHE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE IITOPOGRAPHIC MAP FORFU T U R E P H A S E I I I EXISTING PHASE IFINAL PLATTED 9/4/07EXISTING PHASE IFINAL PLATTED 9/4/07EXIST ING PHASE IFINAL PLATTED 9 /4 /07226 LEGENDS AT BRIDGER CREEK II - Phase - II Street / Alley SectionsˆSHEET NUMBERPROJECT NUMBERDRAWING NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:Q.A. REVIEWDATE:BY:COPYRIGHT MORRISON-MAIERLE, INC.,2012VERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!REVISIONSDATEDESCRIPTIONNO.BY901 Technology Blvd.Bozeman, MT 59718Phone: (406) 587-0721Fax: (406) 587-1176N:\3959\010\ACAD\Preplat\Street Sections PH-2.dwg Plotted by matthew ekstrom on Nov/28/20123959.005 D-1BOZEMANMONTANAMEEMEEMEE11/28/12.')'0&5CV$4+&)'4%4''-++227 228 229 230 231 232 233 234