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HomeMy WebLinkAboutBlock M Major Subdivision Preliminary Plat Public Hearing_8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Courtney Kramer, Historic Preservation Officer Wendy Thomas, Director of Community Development SUBJECT: The Block M Major Subdivision - File #P-13010 MEETING DATE: June 10, 2013 AGENDA ITEM TYPE: Action - Quasi Judicial RECOMMENDATION: That the City Commission conditionally approves the Preliminary Plat Application for the Block M Major Subdivision, File #P-13010, with the conditions listed in Planning Board Resolution #P-13010. RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for file #P-13010 and move to approve the preliminary plat application for the Block M Major Subdivision authorizing to subdivide (replat) approximately 1.01 acres into 20 lots for townhome construction subject to the conditions listed in Planning Board Resolution #P-13010.” Staff report page references: conditions of approval, page 5; subdivision/findings criteria, page 11; code provisions, page 13. BACKGROUND: Kenyon Noble Lumber Company and Block M LLC, represented by TD & H Engineering and Intrinsik Architecture, have submitted a preliminary plat application to subdivide (replat) the 10 existing lots and a portion of vacated Beall Street, containing approximately 1.01 acres, for the block bound by North Tracy and North Black Avenues and East Lamme and East Beall Streets into 20 lots for townhome construction. The applicants have proposed to completely redevelop Block M. The block will be re-platted to accommodate 20 townhouse lots for the development of “vertical duplexes”. The proposed vertical duplexes, (being reviewed under separate Site Plan and Certificate of Appropriateness application - Project #Z-13072, which is the following Commission agenda item), consist of sub-grade partial basements, which could be developed into small home occupation space or studio-style dwelling units. The primary residential units will begin at the half-story “walkup” level and include two stories of residential and a rooftop terrace area. 51 The development (subdivision) is proposed in three phases. The first phase contains four lots in the southwest corner of the block (along East Lamme Street). The second phase will be the remaining units along East Lamme Street. The row of housing along East Beall Street on the north side of the block will then be completed in the final phase. Demolition of the three existing homes on the east side of the block is necessitated as part of the initial phase of development in order to accommodate the necessary mid-block drive aisle, (which includes emergency vehicle access provisions), dry utilities and the stormwater infrastructure for the development. The timing of demolition of these houses is addressed under the corresponding Site Plan and Certificate of Appropriateness application which is the next Commission agenda item. The Development Review Committee provided a recommendation of conditional approval of this application on May 8, 2013. The Planning Board held a public hearing and reviewed the proposal on May 21, 2013 and voted 8-0 to recommend conditional approval as noted in the attached Planning Board Resolution and meeting minutes. A full and complete digital version of the preliminary plat application is available upon request at the office of the Department of Community Development. 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 conditions; 2. Approve the application with modifications to the recommended 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-13010; May 21, 2013 Planning Board Minutes; Applicant’s submittal materials. The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. Report compiled on: May 30, 2013 52 Public Comment Support Opposed Concern Letters: Speakers: 1(PB Mtg) A a;sa;sdkjfaskdf;askdjf; Final Site Plan Approval Project Description A preliminary plat application to subdivide (replat) the 10 existing lots and a portion of vacated Beall Street, containing approximately 1.01 acres, for the block bound by North Tracy and North Black Avenues and East Lamme and East Beall Streets into 20 lots for townhome construction. Existing Zoning and Development The property is currently zoned B-3. There are three existing homes located on the east side of the block. Compatibility Identified for residential development in the Downtown Improvement Plan. Transition area between Downtown commercial uses and residential areas to the north. Additional Comments The applicants have proposed to completely redevelop Block M. The block will be re-platted to accommodate 20 townhouse lots for the development of “vertical duplexes”. The proposed vertical duplexes, (being reviewed under separate Site Plan and Certificate of Appropriateness application - Project #Z-13072, which is the following Commission agenda item), consist of sub- grade partial basements, which could be developed into small home occupation space or studio-style dwelling units. The primary residential units will begin at the half-story “walkup” level and include two stories of residential and a rooftop terrace area. The development (subdivision) is proposed in three phases. The first phase contains four lots in the southwest corner of the block (along East Lamme Street). The second phase will be the remaining units along East Lamme Street. The row of housing along East Beall Street on the north side of the block will then be completed in the final phase. Demolition of the three existing homes on the east side of the block is necessitated as part of the initial phase of development in order to accommodate the necessary mid-block drive aisle, (which includes emergency vehicle access provisions), dry utilities and the stormwater infrastructure for the development. The timing of demolition of these houses is addressed under the corresponding Site Plan and Certificate of Appropriateness application which is the next Commission agenda item. Staff Recommendation: The City Commission approve the project as proposed with Conditions of Approval as outlined in the staff report and Planning Board Resolution. Recommended Motion: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for file #P- 13010 and move to approve the preliminary plat application for the Block M Major Subdivision authorizing to subdivide (replat) approximately 1.01 acres into 20 lots for townhome construction subject to the conditions listed in Planning Board Resolution #P-13010.” Block M Major Subdivision Application Summary Preliminary Plat for 20 lots No variances requested 53 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 1 Planning Board & City Commission Staff Report for The Block M Major Subdivision Preliminary Plat Application File #P-13010 Item: A Subdivision Preliminary Plat Application, Planning Application #P-13010, to subdivide (replat) the 10 existing lots and a portion of vacated Beall Street, containing approximately 1.01 acres, for the block bound by North Tracy and North Black Avenues and East Lamme and East Beall Streets into 20 lots for townhome construction. Owner: Kenyon Noble Lumber Co. Attn: Ashley Ogle PO Box 1109 Bozeman, MT 59771 Applicant: Block M, LLC Attn: Andy Holloran, c/o Intrinsik Architecture, Inc. 111 N. Tracy Avenue Bozeman, MT 59715 Representative(s): TD&H Engineering Attn: Dave Crawford, P.E. 234 E. Babcock Street, Suite 3 Bozeman, MT 59715 Intrinsik Architecture Attn: Susan Riggs 111 N. Tracy Avenue Bozeman, MT 59715 Date/Time: Before the Planning Board on Tuesday, May 21, 2013 at 6:00 PM, City Commission Meeting Room, City Hall, 121 N. Rouse, Bozeman, Montana Before the City Commission on Monday, June 10, 2013 at 6:00 PM, City Commission Meeting Room, City Hall, 121 N. Rouse, Bozeman, Montana Report By: Doug Riley, Associate Planner Courtney Kramer, Historic Preservation Officer Staff Recommendation: Conditional Approval. 54 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 2 Project Location Block M of the Original Bozeman Town Plat is the proposed site for this project. The block is located between North Tracy and North Black Avenues and East Lamme and East Beall Streets. It is legally described as Block M, Plat of Bozeman City, and portions of Abandoned Beall Street, located in the NW1/4, Sec. 7, T.2S, R6E, P.M.M., Gallatin County, Montana. Please refer to the vicinity map provided below. ZONING DESIGNATION AND LAND USES The subject property is zoned “B-3” (Central Business District). The intent of the B-3 District is “to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district.” The following land uses and zoning are adjacent to the subject property: The former Bozeman Deaconess Hospital complex is located immediately to the west. To the immediate north is an office building and the North Black Row townhouse development. The North Tracy Historic District, on the National Register of Historic Places, begins a half block north of East Beall Street. To the north and east is a residential neighborhood composed of primarily modest scale single and multiple dwelling units. Block M is a transition area between the residential neighborhood and the commercial uses found in the B-3 district, anchored by the Main Street Historic District immediately to the south. This property is also located within the Neighborhood Conservation Overlay District. The intent and purpose of this historic district designation is “to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the Surrounding Zoning and Land Uses North: Professional office and multi- household residential: zoned B-3 South: Commercial/retail sales, (former lumber yard): zoned B-3 East: Single household residential: zoned B-3 & R-3 West: Multi-household residential, (former Bozeman Deaconess Hospital): zoned B-3 55 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 3 design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community.” ADOPTED GROWTH POLICY DESIGNATION The property is designated as “Community Core” in the Bozeman Community Plan. The Plan indicates that “the traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.” ADOPTED DOWNTOWN PLAN This property is located within the boundaries of the Downtown Bozeman Improvement Plan, which is an adopted sub-area (neighborhood) plan of the Bozeman Community Plan. Specific to this proposal, the plan states that “downtown revitalization requires property rehabilitation, new development, and injections of new capital…”. The plan also indicates that the area containing Block M is denoted for “Residential Emphasis” as part of the North Village District (see District Map, shown below). DOWNTOWN IMPROVEMENT PLAN NORTH VILLAGE DISTRICT (RESIDENTIAL EMPHASIS) Block M N 56 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 4 The Downtown Plan states that “this area of downtown has the greatest potential to become a new urban neighborhood, filled with hundreds of dwelling units of all different types, unique public spaces, landscaped alleyways, and small service businesses aimed at local residents both within and near downtown. The presence of significant housing is the most critical missing piece of Bozeman’s downtown, and for it to be vital and sustainable over time, housing should be developed in great numbers and varieties, at all price-points, both rental and for-sale. This recommendation is a “cornerstone” of this plan. The very future of downtown is dependent upon the successful development of housing -- both for people in the community who wish to stay but downsize as well as for newcomers.” One of the key strategies of the Downtown Plan is to “BUILD HUNDREDS OF UNITS OF HOUSING” The Housing section of the Plan states that “a healthy downtown must attract people to live, work and play. Housing plays a key role in this formula for success, since attracting more people to live downtown establishes a base to support downtown businesses, allowing retailers such as restaurants and other shops to thrive. Today, Downtown Bozeman includes only a small amount of housing, with a limited range of housing types. Nationally, market-rate residential development has been a powerful force in bringing new life and economic support to downtowns. This plan includes a preliminary examination of the downtown area through this lens, identifying opportunity areas, and testing the feasibility of these locations for a range of downtown residential development types. As mentioned previously, attracting downtown residential development to Bozeman can help accomplish many goals at the same time: • Provide a new use for many downtown properties currently underutilized; • Increase the customer base for existing businesses and provide the spending power to attract new businesses and cultural activities; and • Add more people downtown at all times of the day, increasing safety, and providing an expanded base of support for future improvements, events, and activities.” Proposal Kenyon Noble Lumber Company and Block M LLC, represented by TD & H Engineering and Intrinsik Architecture, have submitted a preliminary plat application to subdivide (replat) the 10 existing lots and portion of vacated Beall Street containing approximately 1.01 acres into 20 lots for townhome construction. The applicants have proposed to completely redevelop Block M. The three existing residential structures on the east side of the block will be demolished or removed. The block will be re-platted to accommodate 20 townhouse lots for the development of “vertical duplexes”. The development (subdivision) is proposed in three phases. The first phase contains four lots in the southwest corner of the block (along East Lamme Street). The second phase will be the remaining units along East Lamme Street. The row of housing along East Beall Street on the north side of the block will then be completed in the final phase. Demolition of the existing three homes on the east side of the block is necessitated as part of the initial phase of development in order to accommodate the necessary mid- block drive aisle, (which includes emergency vehicle access provisions), dry utilities and the stormwater infrastructure for the development. 57 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 5 The proposed vertical duplexes, (being reviewed under separate Site Plan and Certificate of Appropriateness application - Project #Z-13072, see note below), consist of sub-grade partial basements, which could be developed into small home occupation space or studio-style dwelling units. The primary residential units will begin at the half-story “walkup” level and include two stories of residential and a rooftop terrace area. Planning Board Note: The Planning Boards review of this project is limited to the preliminary plat application. The Site Plan and Certificate of Appropriateness application for the vertical duplexes, and the demolition of the three existing structures, is being reviewed and approved by the City Commission as part of Project #Z-13072. A copy of the proposed (conceptual) site plan and building elevations are included in the Planning Board packets for informational purposes only. Recommended Conditions of Approval Pursuant to Section 38.03.040 of the City of Bozeman Unified Development Code, the Planning Board must review the preliminary plat request to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board must 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 10, 2013 public hearing. Planning Board Resolution #P-13010 and the minutes of the Planning Board’s May 21, 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 (DRC) reviewed the Preliminary Plat application; and as a result, found 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 May 8, 2013 the DRC recommended conditional approval of the preliminary plat application as outlined below: Preliminary Plat Conditions: Department of Community Development Conditions: 1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 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 BMC or State law. 58 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 6 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. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 shall be provided with the final plat. As a B-3 zoned property, the applicant shall satisfy the cash donation in-lieu of land dedication requirements of Section 38.27.030. The final plat shall contain a note or table showing the parkland requirements for the subdivision and that cash donation in- lieu of land dedication was utilized to satisfy these requirements. The applicant shall provide said cash donation in-lieu of land dedication for an equivalent of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing dwelling units and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note: the applicant has requested that, if possible, the required cash donation in-lieu of land dedication provided for this project be earmarked by the City for improvements to nearby Beall Park). 4. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on 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. Engineering Department Conditions: 5. All lots proposed for development shall pay cash-in-lieu of water of rights. The developer may also provide a transfer of the equivalent required water rights. Any water right proposed to be transferred to City ownership should be submitted for review as early as possible so the value can be determined without hindering the final plat process. The necessary water rights or cash-in-lieu for all residential lots must be provided at the time of development. Credit will be provided for any existing water service lines that currently serve the property. 6. Any existing water/sewer infrastructure that will not be utilized by this development will be properly abandoned with direct coordination with the Water/Sewer Department, Engineering and GIS Departments. 7. Service line locations shall be coordinated with the City Water/Sewer Department. All services shall be adequately spaced and located at least 10 feet from any deep rooted trees and light poles. 8. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been conducted. 59 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 7 No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted. 9. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Signalization or other traffic control improvements of the intersection of North Black Avenue and West Mendenhall Street. b. Signalization or other traffic control improvements of the intersection of North Tracy Avenue and West Mendenhall Street. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 10. Addressing for the proposed development shall be coordinated with the City Engineering Department. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on April 5, 2013. With the pre- application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Supplemental information waived by the DRC. No surface water exists on the subject property. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. No mapped floodplains exist on the subject property. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. The groundwater level in this area is well known and should not cause issues with the project. Groundwater was not encountered during the applicant’s geotechnical investigations. The Building Department will also require a soil analysis to be provided with each application for a building permit within the proposed subdivision. 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. There are no known geological hazards associated with the site, with exception to the Seismic Zone 3 for earthquakes, which is common to the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (i.e., 15%) grade are evident. Generally, the surface is composed of varying thickness of silt or clay deposits of well-graded gravel with sand. The gravel is predominately subrounded to angular and contains cobbles and minor amounts of silt and/or clay. The applicant did submit a geotechnical report (Appendix D, Tab 8). 38.41.060.A.5 Vegetation 60 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 8 Supplemental information waived by the DRC. The majority of Block M has been previously disturbed. Several mature trees, primarily boulevard trees on the west side of the block, exist and the Forestry Department has requested the protection of the trees not required to be removed as part of the Site Plan for the project. The applicant shall work with the City Forester on any City requirements in regards to removal of any of these trees and the protection of remaining trees during construction. To control the spread of noxious weeds, especially for any phases of the project not yet completed, a Memorandum of Understanding with the County Weed District will be required with the final plat as noted in the cited code provisions. 38.41.060.A.6 Wildlife Supplemental information waived by the DRC. This is a previously developed urban area. 38.41.060.A.7 Historical Features The applicant has provided the plat review comments from the State Historic Preservation Office (SHPO). The demolition or movement of three principal dwelling units and all associated accessory structures is proposed with this redevelopment. The Montana Property Record Form was updated for each property in association with the development proposal and have been reviewed by the City’s Historic Preservation Officer as recommended by the SHPO. The updated Property Record Forms are sufficiently complete to determine the historic significance of the residences. The properties and associated historic significances include: 201 North Black Avenue: The 1984 Montana Historical and Architectural Inventory determined this property a “contributing” element within a potential historic district due to its association with the residential aspect of the Civic Phase of Bozeman’s historic development. The 1984 Inventory also determined the property historically significant for its association with builders Andrew Svorkmoe and Nels Baverley. The residence was constructed for L. Reese Wells. The 2013 Property Record Form reveals a generally unchanged structure, thus the building retains high historic integrity and would contribute to a potential historic district. 207 North Black Avenue: The 1984 Inventory also identified this property as a contributing element within a potential historic structure. The building was also constructed by Andrew Svorkmoe and John Baverley for C. W. Sprague. The 2013 Montana Property Record Form for the property identified a number of modifications to the property after 1984 which negatively impacted the structure’s historic integrity. The original drop siding has been replaced by vinyl. The original front porch as also been enclosed, further diminishing the building’s historic integrity. The building may marginally contribute to a potential historic district. 15 East Lamme Street: The 1984 Inventory identified this property as “neutral” in a potential historic district. This term is no longer used by professional architectural historians. The “neutral” designation likely stems from the application of wide-lap asbestos shingles and window modifications on the exterior of the structure. The original form, massing and scale of the structure is intact, but these modifications negatively impact the structure’s original design. These modifications have likely reached 50 years of age; enough to be considered a historic modification. That said, the modifications wouldn’t fit within the period of significance for the potential historic district for which the building is associated. 61 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 9 Staff believes the residences on Block M are within a potential residential historic district north of Bozeman’s Main Street. However, detailed investigations into the potential district have not been completed at this time. Staff has no information regarding the overall historic integrity, specific historic significance or period of significance for the potential district. No work is pending to evaluate the potential district. Staff believes the historic integrity in the surrounding neighborhood has been diminished by demolition and inappropriate alteration. Though the 300 block of North Black Avenue is a strong section of the potential district, the majority of the residences in the area would be non-contributing, thus making nomination of this area to the National Register difficult. Redevelopment of the site for this proposal requires re-platting the block. All three existing residences and related accessory structures must be demolished or removed as part of the first phase of development in order to install the required infrastructure to serve the development. In an effort to prevent the development of blight, typically it has been the policy of the City to not issue demolition permits until an application for building permit has been made and impact fees paid. Given the infrastructure improvements, (primarily the drive aisle, dry utilities and stormwater system), necessary with this particular development, this sequence of permit issuance will not work for this project. Therefore, Staff determined that the demolition approval would be reviewed and approved by the City Commission as part of the site plan and certificate of appropriateness approvals. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a previously developed urban property with no agricultural implications. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a previously developed urban property with no agricultural water user facilities. 38.41.060.A.10 Water and Sewer The applicant has provided the necessary water and sewer design report for review by the City Water/Sewer and Engineering Departments. It has been determined that water and sewer capacity exist to serve the proposed development. The proposed water and sewer services for the proposed lots along East Lamme Street will be from the existing mains within that street right-of-way. The proposed lots along East Beall Street will require installation of a new sewer main to serve those lots. 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 Supplemental information waived by the DRC. The stormwater management for this project is being coordinated and reviewed with the corresponding site plan application. 38.41.060.A.12 Streets, Roads and Alleys No new streets or alleys are proposed with this subdivision. Access to the subdivision is provided from the four existing perimeter local streets. The applicant proposes vehicular access to all of the lots via a central concrete drive aisle, functioning much like an alley, connecting with North Tracy and North Black Avenues (in the area shown on the preliminary plat as the 20 foot wide private access and utility easement). 62 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 10 38.41.060.A.13 Utilities The applicant has provided a copy of the preliminary plat to all relevant utility providers. All private utilities servicing the subdivision will be installed underground. 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 shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.060 “Easements” of the BMC. However, in the event front and/or rear yard utility easements are used, side rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies and Director of Public Works indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. The easement notation required in the Unified Development Code shall also be provided on the final plat. 38.41.060.A.14 Educational Facilities The Bozeman School District’s review comments indicate that the project could generate approximately nine Pre-K students, five 6-8 grade students and six 9-12 grade students and indicates for the applicant the schools that would potentially serve this population. The District also indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use The proposal is to subdivide (replat) the 10 existing lots and a portion of vacated Beall Street containing approximately 1.01 acres into 20 lots for townhome construction to allow the development of “vertical duplexes”. The proposed vertical duplexes, (being reviewed under separate Site Plan and Certificate of Appropriateness application - Project #Z-13072), consist of sub-grade partial basements, which could be developed into small home occupation space or studio-style dwelling units. The primary residential units will begin at the half-story “walkup” level and include two stories of residential and a rooftop terrace area. For zoning purposes, the structures are classified as apartment buildings per the terms of the UDC. The B-3 zoning of this property affords significant flexibility in terms of zoning standards for redevelopment of the subject property. This includes no specified lot area, lot width, setback (yard) or lot coverage requirements. 38.41.060.A.16 Parks and Recreation Facilities As a B-3 zoned property, the applicant shall satisfy the cash donation in-lieu of land dedication requirements of Section 38.27.030. The final plat shall contain a note or table showing the parkland requirements for the subdivision and that cash donation in-lieu of land dedication was utilized to satisfy these requirements. The applicant shall provide said cash donation in-lieu of land dedication for an equivalent of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing dwelling units and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note: the applicant has requested that, if possible, the required cash donation in-lieu of land dedication provided for this project be earmarked by the City for improvements to nearby Beall Park). 63 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 11 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC. As the subject property is less than 10 acres in size, a neighborhood center is not required by Code. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is not required by Code for this application. The applicant has indicated it is their intention to work with the Downtown Partnership to determine what may be preferred street lights for this “transition area”. The applicants have proposed the removal of the existing non-conforming street lights on the intersections and staff supports working with the applicant and Northwestern Energy on their removal. The site plan for the project details building mounted recessed lighting to ensure that porches, stairs and garage doors are safely lit and those details are being reviewed as part of the corresponding site plan and certificate of appropriateness application. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance (Ordinance 1710) had been suspended by the City Commission while the City completed a housing needs assessment and recommendations for changes to the affordable housing program were made based on that study. The City Commission is set to reconsider this program and the Ordinance at its June 3, 2013 meeting. The applicants for this project were not advised at the time of the pre-application plan review of any applicable affordable housing requirements. 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 Department of Community Development 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. Staff, the DRC and other applicable review agencies have made comments in relation to those and other criteria as described below, and have recommended conditions of approval as outlined at the beginning of this staff report. A. Primary Review Criteria 1. Effects on Agriculture N/A. The subject property is located in the Downtown area of the City. 64 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 12 2. Effects on Agricultural Water User Facilities N/A. There are no agricultural water user facilities on this property. 3. Effects on Local Services Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. A new sewer main will be required to be installed in the East Beall Street right-of-way to serve the lots along that street. Any existing water/sewer infrastructure that will not be utilized by this development will be property abandoned with direct coordination with the appropriate City departments. Cash in lieu of water rights or the equivalent water rights must be transferred to City of Bozeman at the time of development. Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. The applicant is required to provide waivers of right to protest creation of special improvement districts (SID’s) for signalization or other traffic control improvements for the intersections of North Black Avenue/West Mendenhall Street and North Tracy Avenue/West Mendenhall Street. Following new water and service line installations to accommodate the new lots/development, the adjacent streets will be required to be repaired to City standards and the City is working with the applicant on the timing of these street improvements in an attempt to coordinate with other Downtown projects. All street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process as part of the Site Plan for this development. Parklands - The applicant shall provide cash donation in-lieu of land dedication for an equivalent of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note: the applicant has requested that, if possible, the required cash donation in-lieu of land dedication provided for this project be earmarked by the City for improvements to nearby Beall Park). 4. Effects on the Natural Environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed with the protective covenants and compliance with the recommended conditions of approval. 5. Effects on Wildlife and Wildlife Habitat There are no impacts to wildlife or wildlife habitat with this project as this is a previously developed urban property. 6. 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 DRC which has 65 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 13 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 Department of Community Development 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 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 UDC and shall be addressed with the final plat application: a. Pursuant to Section 38.03.040.A, 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. As a multi-phased subdivision, conditional approval of the preliminary plat for the Block M Major Subdivision shall in be force for three years. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Director of Community Development with each request considered on its individual merits and consideration of the criteria provided in 38.03.040.A. b. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. c. 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. d. 38.23.060.B “Private Utilities” – The final plat and property owners’ 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 to be noted on the final plat for each typical subdivision lot/block, exclusive of notations on the final plat. e. 38.23.120 - If mail will not be 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 plow any mail delivery area constructed within a City right-of-way. 66 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 14 f. 38.26.050.E “Street Frontage” – The property owners’ 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 locates is required 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 newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. g. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on all external streets. 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 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. h. 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. i. 38.38.020 and 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 Department of Community Development. These covenants shall contain, but not be limited to, the following items: 1) provisions for snow removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees, 3) common area maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, 5) parking within residential structures, and 6) 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. j. 38.39.030 “Completion of Improvements” - If it is the developers intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. k. 38.39.030.B.2 “Sidewalks” – The final plat and property owners’ 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.” 67 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 15 l. 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. m. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way 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 box. n. That the applicant obtains 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. o. The subdivider shall ensure that all construction material 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. p. 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. 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 UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a Resolution to the 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 All of the proposed lots have frontage to the existing perimeter streets. Vehicular access to each lot is proposed via a center drive aisle (to be provided within the 20’ wide private access and utility easement shown on the preliminary plat). Public Comment As of this writing, the Department of Community Development has not received any public comment in response to the noticing of the preliminary plat application. Any public comment received prior to the public hearings will be provided to the Planning Board and City Commission. 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 City Commission for its consideration at its Monday, June 10, 2013 hearing which begins at 6:00 PM. The Planning Board Resolution #P-13010 and the minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a part of the Commission’s record. 68 #P-13010 Block Major Subdivision Preliminary Plat – Staff Report 16 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: Applicants Preliminary Plat Materials Mailed to: Kenyon Noble Lumber Co., Attn: Ashley Ogle, PO Box 1109, Bozeman, MT 59771 Block M, LLC, Attn: Andy Holloran, c/o Intrinsik Architecture, Inc., 111 N. Tracy Avenue Bozeman, MT 59715 TD&H Engineering, Attn: David Crawford, P.E., 234 E Babcock, Suite 3, Bozeman, MT 59715 Intrinsik Architecture, Attn: Susan Riggs, 111 N Tracy Avenue, Bozeman, MT 59715 69 The Block M Major Subdivision 1 RESOLUTION #P-13010 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE (REPLAT) THE 10 EXISTING LOTS AND A PORTION OF VACATED BEALL STREET, CONTAINING APPROXIMATELY 1.01 ACRES, FOR THE BLOCK BOUND BY NORTH TRACY AND NORTH BLACK AVENUES AND EAST LAMME AND EAST BEALL STREETS FOR 20 LOTS FOR TOWNHOME CONSTRUCTION ON PROPERTY DESCRIBED AS BLOCK M, PLAT OF BOZEMAN CITY, AND PORTIONS OF BEALL STREET, LOCATED IN THE NW ¼, SEC. 7, T.2.S., R.6.E., P.M.M., 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 Kenyon Noble Lumber Company and applicant, Block M LLC, represented by TD & H Engineering and Intrinsik Architecture, submitted a Major Subdivision Preliminary Plat Application to subdivide (replat) the 10 existing lots and portion of vacated Beall Street containing approximately 1.01 acres into 20 lots for townhome construction on property described as Block M, Plat of Bozeman City, and portions of Abandoned Beall Street, located in the NW ¼, Sec. 7, T.2.S., R.6.E., P.M.M. Gallatin County, Montana; and 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 City of Bozeman Planning Board held a public hearing on Tuesday, May 21, 2013, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, one member of the general public provided oral testimony on the matter of the preliminary plat application regarding parking and setbacks for the proposed subdivision; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application in regards to stormwater retention, parkland requirements, underground utilities, lot sizes, garages and on street parking; and WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the preliminary plat application with the recommended conditions of approval provided in the staff report; 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, the Major Subdivision Preliminary Plat Application would comply with those requirements; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman 70 The Block M Major Subdivision 2 Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P-13010 and voted 8-0 to recommend approval of the preliminary plat application for the Block M Major Subdivision authorizing to subdivide (replat) the 10 existing lots and a portion of vacated Beall Street, containing approximately 1.01 acres, into 20 lots for townhome construction subject to the following conditions: 1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 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 BMC 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. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 shall be provided with the final plat. As a B-3 zoned property, the applicant shall satisfy the cash donation in-lieu of land dedication requirements of Section 38.27.030. The final plat shall contain a note or table showing the parkland requirements for the subdivision and that cash donation in-lieu of land dedication was utilized to satisfy these requirements. The applicant shall provide said cash donation in-lieu of land dedication for an equivalent of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing dwelling units and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note: the applicant has requested that, if possible, the required cash donation in-lieu of land dedication provided for this project be earmarked by the City for improvements to nearby Beall Park). 4. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on 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. 71 The Block M Major Subdivision 3 5. All lots proposed for development shall pay cash-in-lieu of water of rights. The developer may also provide a transfer of the equivalent required water rights. Any water right proposed to be transferred to City ownership should be submitted for review as early as possible so the value can be determined without hindering the final plat process. The necessary water rights or cash-in-lieu for all residential lots must be provided at the time of development. Credit will be provided for any existing water service lines that currently serve the property. 6. Any existing water/sewer infrastructure that will not be utilized by this development will be properly abandoned with direct coordination with the Water/Sewer Department, Engineering and GIS Departments. 7. Service line locations shall be coordinated with the City Water/Sewer Department. All services shall be adequately spaced and located at least 10 feet from any deep rooted trees and light poles. 8. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted. 9. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Signalization or other traffic control improvements of the intersection of North Black Avenue and West Mendenhall Street. b. Signalization or other traffic control improvements of the intersection of North Tracy Avenue and West Mendenhall Street. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 10. Addressing for the proposed development shall be coordinated with the City Engineering Department. 72 The Block M Major Subdivision 4 DATED THIS DAY OF , 2013 Resolution #P-13010 _____________________________ ____________________________ Brian Krueger, Development Review Manager Trevor MsSpadden, Chairperson Department of Community Development City of Bozeman Planning Board 73 Page 1 of 4 City of Bozeman Planning Board Minutes of May 7, 2013. PLANNING BOARD MINUTES TUESDAY, May 21, 2013 ITEM 1. CALL TO ORDER AND ATTENDANCE President McSpadden called the regular meeting of the Planning Board to order at 6:00 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance. Members Present: Staff Present: Trever McSpadden, President Brian Krueger, Development Review Manager Adam Fruh Dave Skelton, Senior Planner Erik Garberg Julien Morice Guests Present: Paul Neubauer C.V. Soper Carl Tange G. Kulka Carson Taylor Susan Riggs, Intrinsik Architecture George Thompson Rob Pertzborn, Intrinsik Architecture Dave Crawford, TD&H Engineering Members Absent: Kelly Wiseman, General Manager of the Food Co-op Ben Lloyd, Comma-Q Architecture 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 MAY 7, 2013 Corrections: Top of page 2 should read: Mr. Neubauer strongly opposed to increasing the use of treated water for irrigation. Page 5 Mr. Carson Dwellings unit per acre. Mr. Krueger’s answer should be separate. Mr. Taylor moved to accept the minutes as corrected. Mr. Morice seconded. Motion carried unanimously. ITEM 4. PROJECT REVIEW 1. Major Subdivision Preliminary Plat - #P-13010 (Block M) – A Major Subdivision Preliminary Plat application as requested by the property owner Kenyon Noble Lumber Co., PO Box 1109, Bozeman, MT 59771, applicant Block M, LLC, c/o Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715 and representatives Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715 and TD & H Engineering, 234 E. Babcock, Suite 3, Bozeman, MT 59715, requesting the subdivision of 1.01 acres into 20 lots for townhouse construction. The subject property is legally described as Block M in the Plat of Bozeman City and Portions of 74 Page 2 of 4 City of Bozeman Planning Board Minutes of May 7, 2013. Abandoned Beall Street located in the NW ¼ of Section 7, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana and is bound by North Tracy and North Black Avenues and East Lamme and East Beall Streets. (Riley) Development Review Manager (DRM) Krueger presented the project summary in lieu of Planner Riley. Planning Staff recommended conditional approval of the application (see Staff Report). The Planning Review Board queried DRM Krueger on the following issues: • Stormwater retention • Parkland requirements • Undergrounding utility lines • B-3 requirement for minimum lot size • Intersection of Lamme & Tracy offset • Garages and number of stories • Street parking • Angled parking instead of parallel parking on the street Applicant Susan Riggs from Intrinsik Architecture addressed the following issues: • Block size and width • Layout options/density • Parking • Parkland/open space • Unit flexibility • Phasing Project Engineer Dave Crawford addressed: • Stormwater retention • Underground utility placement • Coordinating lighting fixtures with those used downtown Public Comment: Project neighbor Charlie Soper spoke on parking, and zero setback on the front and sides. Mr. Taylor moved to recommend the approval of Major Subdivision Preliminary Plat #P-13010 (Block M) application, noting that it is in compliance with the City of Bozeman’s adopted Growth Policy. Motion seconded by Mr. Morice. The motion passed unanimously. 2. Growth Policy Amendment - #P-13011 (Community Food Co-op) – An amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Residential to Community Commercial Mixed Use upon property located at the northeast corner of the intersection of West Babcock Street and South 10th Avenue as requested by the property owner and applicant Community Food Co-op, 801 W Main Street, Suite 3B, Bozeman MT 59715 and representative Comma-Q Architecture, 109 N Rouse, #1, Bozeman, MT 59715. The proposal would affect ~0.380 acres of land. The property is legally described as Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman located in the NE 1/4 of Section 12, T2S, R5E, PMM, Gallatin County, Montana. (Skelton) 75 Page 3 of 4 City of Bozeman Planning Board Minutes of May 7, 2013. Senior Planner Skelton presented the project summary. No public testimony had been received on the project. The DRC recommended approval of the application, as did the Department of Community Development with the contingencies listed on page 3 of the Staff Report. Discussion of possible zoning board versus planning board conflict of interest (there is no conflict of interest). Applicant Kelly Wiseman (General Manager of the Food Co-op) presented his summary, including site history, an overview of the co-op, ownership of the two houses in question, and parking. Applicant Ben Lloyd (Comma-Q Architecture) addressed land use patterns (delivery trucks) and parking, and a community meeting about traffic and parking. Questions: None. Public Comment: None Mr. Fruh moved to adopt the findings in the Staff Report the Growth Policy Amendment #P-13011 (Community Food Co-op), and recommended that the City Commission approve the GPA to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Residential to Community Commercial Mixed Use upon property located at the northeast corner of the intersection of West Babcock Street and South 10th Avenue as requested by the property owner and applicant Community Food Co-op subject to the contingencies listed on pages 2 and 3 of the Department of Community Development Staff Report. Motion seconded by Mr. Morice. Discussion: None. The motion passed unanimously. 3. Growth Policy Amendment - #P13012 (Cattail Creek/Hamilton) – An amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Community Commercial Mixed Use to Residential upon property located west of North 27th Avenue between Catron Street and Cattail Street as requested by the property owner and applicant Sandra Hamilton, Trustee, 115 Middle Creek Lane, Bozeman, MT 59718 and representative Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715. The proposal would affect ~1.788 acres of land. The property is legally described as Lot 2, Block 7, Cattail Creek Subdivision, Phase 1 located in the NW 1/4 of Section 35, T1S, R5E, PMM, Gallatin County, Montana. (Skelton) President McSpadden thanked Senior Planner Skelton for his 28 years of public service. Senior Planner Skelton presented the project summary. The DRC recommended approval of the application, as did the Department of Community Development with the contingencies listed on page 3 of the Staff Report. 76 Page 4 of 4 City of Bozeman Planning Board Minutes of May 7, 2013. The Planning Review Board discussed the following item: • Possible future development (commercial/residential) of adjacent parcels Ms. Susan Riggs spoke representing Sandy Hamilton, one of the original developers, about the residential status of the parcel to the south of the proposed project. Public Comment: None. Mr. Fruh moved to adopt the findings in the Staff Report for #P-13012 Growth Policy Amendment - #P13012 (Cattail Creek/Hamilton), and recommended that the City Commission approve the GPA to amend amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Community Commercial Mixed Use to Residential subject to the contingencies listed on page 3 of the Staff Report. Mr. Garberg seconded the motion. Discussion: Commercial node can still exist on three legs. The motion passed unanimously. ITEM 4. NEW BUSINESS Mr. Taylor also thanked Senior Planner Skelton for his service. Deputy City Clerk will provide future ethics training at an upcoming meeting, cursory Robert’s Rules of Order review, and a model draft set of by-laws created by the City Clerk’s office. Meeting with the Future Water Plan to occur sometime after next week’s TAC meeting, and the Sonora Institute Envision Tomorrow software meeting. ITEM 6. ADJOURNMENT President McSpadden adjourned the meeting at 9:00 p.m. Trever McSpadden, President Brian Krueger, Development Review Manager Planning Board Department of Community Development City of Bozeman City of Bozeman 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167