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HomeMy WebLinkAboutAttachment __ 12-01-08 mandeville subdivision Staff Report PLANNING BOARD 8 CITY COMMISSION STAFF REPORT MANDEVILLE MAJOR SUBDIVISION PRELIMINARY PLAT FILE NO. #P-08008 Item: Subdivision Preliminary Plat Application #P-08008, with variances, to subdivide 85.35 acres, located between I-90, Highway 10 and North Seventh Avenue, at Redwing Drive and Reeves Road extended, into 22 lots for M-2 (Manufacturing and Industrial District) development. Property Owner: City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59771 Representative: Great West Engineering 12140 Gooch Hill Road Gallatin Gateway, MT 59730 Date/Time: Before the Bozeman Planning Board on Tuesday, November 18, 2008 at 7:00 PM and before the Bozeman City Commission on Monday, December 1, 2008 at 6:00 PM, both in the City Commission Meeting Room, New City Hall, 121 N. Rouse Avenue, Bozeman, Montana Report By: Doug Riley, Associate Planner Recommendation: Conditional Approval PROJECT LOCATION The subject property is located between I-90, Highway 10 and North Seventh Avenue, at Redwing Drive and Reeves Road extended, and is legally described as Lots 1A, 2A, 3A, and 4A of C.O.S. 2153, N.W. '/ and NE 1/ of Sec. 36, T1S, R5E, City of Bozeman, Gallatin County, Montana. The property is annexed and zoned M-2 (Manufacturing and Industrial District). Please refer to the vicinity snap on Page 2 of this report. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 1 County Land/ Ft S r� 7 Subject a Property �A PROPOSAL The City of Bozeman, represented by Great West Engineering, has made application for Major Subdivision Preliminary Plat approval with variances for a 22 lot M-2 (Manufacturing and Industrial District) Subdivision on the City's 85.35 acre property located between I-90, Highway 10 and North Seventh Avenue. A subdivision pre-application review was completed for this project in July and August of 2007. At the time of the pre-application review, the proposed subdivision consisted of 25 lots. One of the key features of this subdivision is the provision of a rail spur to serve the portion of the property (12 lots) lying on the west side of Mandeville Creek. The subdivision will be accessed from the south and east from a connection of proposed Wheat Drive to Mandeville Lane/N. 71" Avenue and to the north with an extension of the road system aligning with Reeves Road across Highway 10. As part of the new road infrastructure proposed for this project, the existing Red Wing Drive will be abandoned. There are several open space areas proposed in the subdivision to serve as stornwater facilities and to protect Mandeville Creek which traverses from south to north through the center of the property. A class 11 path will be located within the protected open space along the Creek. Variances have been requested from Section 18.44.060.D, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Oak and Seventh Avenue and to Section 18.42.040 to exceed the block length and width standards of the Bozeman Municipal Code. RECOMMENDATION The recommended conditions of approval do not include code requirements identified in the staff findings. Mandatory compliance with the explicit terns of the Unified Development Ordinance 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, #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 2 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) finds that the Preliminary Plat application, with conditions, is in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act and the Unified Development Ordinance. The Planning Board may provide advice and comments on the following recommended conditions of approval: Planning Office: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats. 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 open space area along Mandeville Creek shall be titled "Open Space, Public Access" on the final plat and a Class I1B non-motorized gravel fines trail shall be provided in this open space area. Notes shall be included on the final plat describing ownership and maintenance responsibilities for all open space areas. 4. Proposed Lot 5 and 6 shall be reconfigured or combined to make Lot 6 conforming to the lot width standards of Section 18.20.040 and 18.80.1720 and drive separation requirements of Section 18.44.090.C.2.c of the BMC. 5. Lot 11, or another lot suitable to the City of Bozeman Fire Department, shall be reserved for the site of a future fire station. 6. The watercourse setback along Mandeville Creek shall be clearly designated on the final plat and shall be extended to the edge of the delineated 100 year floodplain and/or designated wetland boundaries in accordance with Section 18.42,100.B.3.d of the BMC. 7. The landscaping plan and property owner's association documents for this project shall specifically address the requirement for coordinated landscaping along the open space and Lot 1 which back up to the 50' 1-90 entryway setback. This landscaping shall be installed as part of initial subdivision development. 8. The covenants and property owner association documents shall include a section for architectural and landscaping guidelines that will assist in the orderly development of the subdivision as a unified plan. A good example to consider is the guidelines for the industrial subdivision on Manley Road #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 3 (i.e. Gallatin Park Subdivision). These guidelines shall be submitted and reviewed as part of the Final Plat submittal. 9. The surveyed location and any respective easement(s) (or lease information) for the existing communication tower Iocated on proposed Lot 12 shall be provided on or with the final plat application as appropriate. 10. Provisions shall be made for a 25' trail easement along the northern portion of Lot 12, or easement provisions be retained along abandoned Redwing Drive north of Lot 12, to allow for additional future pathway/trail connections to the south and north. 11. The northern portion of Lot 1, (located on the northeast side of the rail spur easement), shall be clearly identified as being part of Lot 1 and shall be designated on the plat and property owner .association documents as to any building, access or use restrictions due to being dissected by the rail spur easement. 12. A soils report, along with building plans, shall be submitted to the Building Division recommending types of foundations. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each building pen-nit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 13. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed wetland trail crossings and any required permits (i.e. 310 and/or 404 permits) shall be obtained for these crossings prior to final plat approval of the respective phases containing these improvements. 14. A coordinated fencing plan shall be developed for all open space areas. This requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in the property owner association documents and submitted as part of the Final Plat submittal. 15. Association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates 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. 16. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 17. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 4 18. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 19. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. Engineering Office: 20. Wheat Drive and Redwing Drive, within the property boundary, shall be improved as part of this development, to a 35 foot wide local standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Wheat Drive, from State Highway 10 to and along the northern property boundary and from the southern property boundary to Mandeville Road, would be required to be improved to a 35 foot wide local standard, as shown in'the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. City standard curb and gutter, and sidewalk shall be provided in the standard location along both sides of the streets. Except no sidewalks are required along the portion of Wheat Drive from the southern property boundary to Mandeville Road. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 21. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 22. The existing Redwing Drive shall be completely removed from the intersection of State Highway 10 and Reeves Road to N 7"'Avenue. 23. All improvements necessary to provide adequate level of service at the intersections (i.e. State Highway 10/Reeves Road/Redwing Drive, N 7"' Avenue/Griffin Drive/Mandeville Road, and N 7`h Avenue/Oak Street) analyzed in the Traffic Impact Study (TIS) must be installed or financially guaranteed prior to filing of the plat unless a variance is granted by the City Commission. No building permits will be issued until all required improvements are installed and accepted. Approval must also be obtained from the Montana Department of Transportation for the TIS and for all improvements along State Highway 10/N 71h Avenue, Griffin Drive, and Oak Street. 24. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and services within the State's right-of-way must be obtained from the Montana Department of Transportation. 25. Sewer flow monitoring shall be performed as part of the design report to detennine if offsite improvements are needed to provide adequate capacity. If it is determined that offsite improvements are needed, they shall be constructed and accepted prior to issuance of building permits for the development. The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all trunk mains within the subdivision and the downstream offsite sewer improvements that are required to provide the necessary capacity. 26. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. #fP-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 5 27. Provide water and sewer services to each lot. No sewer service is shown for Lot 12 and none of the water services are shown. 28. A 30 foot wide alley shall be provided over any sanitary sewer main within the subdivision that is not located under improved streets. 29. Provide 10 ft minimum clearance from the fire hydrants to street lights,junction boxes, and signs. 30. The proposed subdivision lies within the Solvent Site Water Main Payback District. Unless it has already been addressed, this payback is to be fulfilled prior to issuance of building permits. The adopted commission resolution requires the pro-rated cost of the water main to be paid prior to connecting to city services. The calculated rate for this payback is as follows: Rate= $0.0821square foot+ Consumer Price Index Adjustment (CPIA) FYI: The following are comments to the design reports and other documents in the preliminary plat submission: a. Sections 18 and 19 A 124 permit will be required instead of a 303 permit since the City is the developer. b. Section 30, Water Main Extension Design Report — The water model should be redone. The 1500 gpm fire flow is too low for an industrial development. Use 8 inch diameter pipe instead of 10 inch diameter, unless the design indicates a larger diameter is necessary. Provide a new PRV instead of a parallel water main. The references to the COB Design Standards are outdated. c. Section 31, Sanitary Sewer Main Extension Design Report — Include in the calculations the sanitary sewer flow from the undeveloped property to the south (DNRC). Determine if the combined flow necessitates upsizing the downstream sanitary sewer main. Figure 3 shows an existing 12" sewer main but the City records show it as 10". d. Section 32, Grading and Stormwater Analysis Report— (1) Refine the calculations for the post development rate. The runoff coefficient C=0.6 is too low for industrial development. (2) Use COB Design Standards for the gutter spread depth and calculations. Use a 25-year storm instead of 10-year storm in the gutter spread calculations. (3) The orifice sizing allows less flow out than the pond is sized for. Either adjust the orifice size or the pond size. (4) Provide the storm sewer calculations. (5) Page 3, 1. Existing Basin Characteristics, first paragraph — Edit this paragraph to correspond with the requirements of section 18.58.090 B.2. of the UDO. (6) Pages 15 and 17, 1. Storm Water Maintenance Plan - The retention and detention ponds, and any storm sewer on private property shall be maintained by the HOA, not the City of Bozeman. Maintenance by the City of Bozeman is limited to the stonn sewer and inlets within the right-of- way. (7) Include the culvert sizes and calculations for the creek crossings of Wheat Drive and Redwing Drive at Spring Creek #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 6 ZONING DESIGNATION & LAND USES The subject property is zoned M-2 (Manufacturing and Industrial District). The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of Bozeman residents. In addition, the subject property is located with Entryway Corridor Overlay Districts for 1-90 and Highway 10. These are Class I corridors, therefore all development that is partially or wholly within 660 feet of the centerline of these roadways is subject to design review. The following land uses and zoning are adjacent to the subject property: North: M-2; Railroad right of way and Highway 10. R-O; Office. R-O, County Donut Zoning District; office. AS, County Donut Zoning District; residential. South: M-1; Vacant— State lands. East: M-2; Highway 10. M-1; business uses. AS, County Donut Zoning District; East Gallatin Recreation Area. West: M-2; Interstate-90. M-1; business uses. GROWTH POLICY DESIGNATION The property is currently designated as Industrial in the Bozeman 2020 Community Plan. The M-2 (Manufacturing and Industrial District) zoning designation is consistent with the Industrial land use designation of the property. Industrial. This classification provides areas for the heavy uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and should meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. (Bozeman 2020 Plan; page 6-25 and 6-26.) PRELIMINARY PLAT SUPPLEMENTS A subdivision pre-application review for this project was completed by the Development Review Committee on July 11, 2007, the Planning Board on July 17, 2007, and the City Commission on August 6, 2007. The applicant's responses, (and subsequent plat revisions), to the pre-application review comments are addressed in Section 4 of the applicant's submittal materials. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 7 During the pre-application review, no waivers were requested from Section 18.78.060, Additional Subdivision Preliminary Plat Supplements, and the following supplemental items have been provided as part of this preliminary plat application: 18.78.060.A Surface Water Mandeville Creek, (often identified as Spring Creek in the submittal materials), is the only active surface water on the property. Mandeville Creek is proposed to be protected by the required watercourse setbacks according to code and conditions of approval have been included to appropriately delineate these setbacks (Recommended Condition 6) and as noted in the Wetland Review Board (WRB) comments. Surface water and wetland information is also found in Sections 17, 18 and 19 of the applicant's submittal materials. 18.78.060.B Floodplains The floodplain along Mandeville Creek has been delineated on the preliminary plat and noted in Section 18 of the applicant's submittal materials. Again, conditions have been included to address the labeling/delineation of this floodplain, (and required setbacks), on the final plat and design (Recommended Condition 6). 18.78.060.0 Groundwater Areas of high groundwater are primarily found in the area along Mandeville Creek in the required open space/setback area. A more detailed soils and groundwater report will be completed at the time of engineering and building design (Recommended Condition 12). Information regarding groundwater is found in Section 20 of the applicant's submittal materials. 18.78.060.D Geology, Soils and Slopes The subject property does not contain any geologic hazards or any unusual soil, topographic or geologic conditions that would preclude construction in the proposed development locations. This information is provided in Sections 22 and 23 of the applicant's submittal materials. The Building Department will require a soils analysis to be provided with each application for a building permit within the proposed subdivision (Recommended Condition 12). 18.78.060.E Vegetation The majority of the property has been historically used for agricultural cultivation. There are a few trees and shrubs near the existing farm buildings. There is some limited wetland vegetation along Mandeville Creek transitioning up to the cultivated areas. There are some noxious weeds present and a Memorandum of Understanding for a weed control plan with the County Weed District is required with the Final Plat. Information regarding existing vegetation is included in Section 24 of the applicant's submittal materials. 18.78.060.F Wildlife #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 8 Due to the extensive agricultural cultivation of the subject property, only small patches of wildlife cover are located on the subject property affording year round use/protection. Wildlife cover may actually be improved along Mandeville Creek with the imposition of the wetland setbacks and plantings along this corridor. Overall, however, due to the proximity of this property to several major transportation roadways, preservation or promotion of wildlife habitat for any large species is not advisable. Information regarding wildlife is included in Section 25 of the applicant's submittal materials. 18.78.060.G Historical Features The applicant sent a letter to the State Historical Preservation Office requesting a cultural resource file search. A copy of SHPO's response is included in Section 40 of the applicant's submittal materials which indicated that there are no previously recorded sites and their recommendation was that a cultural resource inventory is unwarranted at this time. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease (Recommended Condition 18). 18.78.060.H Agriculture The majority of this property has been utilized for agricultural purposes in the past. However, the adopted Growth Policy designation for this property designates it for the development of industrial purposes. 18.78.060.I Agricultural Water User Facilities There are currently no agricultural water user facilities on the subject property as it has been farmed for approximately the last 15 years as a dry land operation. 18.78.060.J Water and Sewer Water and sewer will be provided through connection to the City of Bozeman water and sewer systems. The existing water infrastructure in this area consists of a twelve-inch ductile water main which extends along Highway 10, continues south crossing Highway 10 and the rail road, and eventually runs to Mandeville Lane. Connection to the existing water system will occur at three locations: 1) the intersection of Reeves Road and Highway 10; 2) approximately 40 feet south of the railroad tracks near the existing pressure reducing vault; and 3) near the southern boundary of the property. The proposed water main extensions will be ductile iron mains looped through the proposed subdivision. The existing sewer infrastructure in this area includes two 20-inch parallel interceptor sewer mains located north of Highway 10 which join at Reeves Road to a single 20-inch pipe. There is also a 10-12 inch sewer main located on the eastern edge of the property in the future Wheat Drive. Two connection points are proposed to the southern 20-inch interceptor sewer main north of Highway 10. One connection point will be to the west of Mandeville Creek and the other will be to the east of Mandeville Creek. Water and Sewer infrastructure is also addressed in the preliminary engineering design report in #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 9 Sections 30 and 31 of the applicant's submittal materials. 18.78.060.K Stormwater Management Stormwater management utilities will be constructed in accordance with the City of Bozeman's current design standards. The on-site drainage system for the subdivision is made up streets with curb and gutter, drainage swales, inlets, valley gutters and detention and retention ponds. Runoff is collected in the streets and drainage swales and transported to detention or retention ponds. In the case of the detention ponds, the water is then released to Mandeville Creek. During larger storm events, site grading provides a designated path to convey runoff to the receiving streams without inundating structures and minimizing erosion to the channel. Additional detailed analysis will be prepared for stormwater utilities to be constructed to serve development and manage runoff in accordance with the City's requirements during specific engineering design for the subdivision. Stormwater management is also addressed in the preliminary engineering design report in Section 32 of the applicant's submittal materials. 18.78.060.L Streets, Roads and Alleys The subdivision will be accessed from the south and cast from a connection of proposed Wheat Drive to Mandeville Lane/N. 71h Avenue and to the north with an extension of the road system aligning with Reeves Road across Highway 10. State Highway 10, (aka North 7th/Frontage Road), is indicated as a major arterial on Figure 11-6 and 11-7 of the Bozeman Area Transportation Plan 2001 update. Reeves Road, Redwing Drive and Wheat Drive are local streets. As part of the new road infrastructure proposed for this project, the existing Red Wing Drive will be abandoned. The road being constructed south of the abandoned Red Wing Drive will be named Wheat Drive and will extend to connect to Highway 10 across from Reeves Road (at the existing Redwing Drive connection). This intersection will include installation of a traffic signal and new turning lanes as indentified in the Traffic Impact Study (TIS). Wheat Drive will then be extended through the subdivision and to the south across the DNRC property to connect to Mandeville Lane/N. 71h Avenue to provide secondary access as conditioned in Recommended Engineering Condition 20. Intersection improvements will also be implemented at N. 7"' and W. Griffin Drive to allow for additional capacity as identified in the TIS. The new Redwing Drive will be constructed along the southern boundary of the property to provide access and circulation for the southern portion of the property on the west side of Mandeville Creek, and allows for future property connections along this boundary. Additional details for the proposed road and intersections, including railroad crossing, are included in Section 34 of the applicant's submittal materials and the Traffic Impact Study (TIS) in Section 33. 18.78.060.M Utilities Yellowstone pipeline has a high pressure transmission line that transects the property from the southeast to the northwest. The pipeline carries petroleum products and was installed in I954. This pipeline will remain in place and the lots have been located to place this pipeline and easement, for the most part, along the rear of the lots (especially along the west side of #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 10 Mandeville Creek). This pipeline traverses through lots 14-16 on the east side of Mandeville Creek and may pose some limitation for future development on these lot thus warranting lot aggregation or special site design considerations. However, due to the size of these lots, buildable areas outside of the pipeline easement are still achievable. Northwest Energy also has a natural gas pipeline along the south boundary of the property and this will be located within the right-of-way for the new Redwing Drive. Northwest Energy will supply both electricity and natural gas to the subdivision. For additional information regarding these utilities, see Section 35 of the applicant's submittal materials. 18.78.060.N Educational Facilities As an industrial subdivision, the project would not have any "direct" impacts in regards to educational facilities. However, indirect effects would be increased tax base and economic growth and stability created by additional business/employment opportunities. 18.78.060.0 Land Use This subdivision proposes 22 lots for M-2 (Manufacturing and Industrial District) development with remaining area as open spaces, a railroad spur, streets and alleys. The land uses that would be allowed under the existing M-2 zoning district would be in compliance with the adopted Industrial land use designation of the City's Growth Policy. As this subdivision is adjacent to two key entryway corridors (1-90 and U.S. 10) future development within the property will be subject to design review by the Administrative Design Review (ADR) staff or Design Review Board (DRB) as applicable. In addition, staff and the DRC have recommended several conditions pertaining to coordinated landscaping, fencing and covenant design to address the presentation of the project and the future development projects to be located within it. Due to the significant exposure of this project to 1-90 and N. 19"' along the west side of the project, Condition 7 has been recommended that requires that the landscaping plan and property owner's association documents for this project shall specifically address the requirement for coordinated landscaping along the open space and Lot I which back up to the 50' 1-90 entryway setback. In addition, this condition requires that this landscaping be installed as part of initial subdivision development. Recommended Condition 8 has been included to require the development of architectural and landscaping guidelines for future individual site development to assist in the orderly development of the subdivision as a unified plan (similar to the Gallatin Park Subdivision off Manley Road). 18.78.060.P Parks and Recreation Facilities As a commercial/industrial subdivision, this project does not have a statutory requirement for parkland dedication. However, there are several park/open space and trail contributions proposed as part of this project. The most significant is the open space being preserved along Mandeville Creek along with the provision of a Class II gravel fines trail. Staff and the DRC have also recommended a condition (Recommended Condition 10) requiring the preservation of a trail easement in the northeast corner of the property along the north border of Lot 12 to provide for future trail/pathway connections to the south and east. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 11 18.78.060.Q Neighborhood Center Plan Not applicable as this project is not a residential subdivision or Planned Unit Development as detailed in Section 18.42.020 of the U.D.O. 18.78.060.R Lighting Plan The applicant's proposed lighting plan is provided in Section 38 of their submittal materials. A final lighting plan will be required to be submitted and reviewed as part of the Final Plat submittal. STAFF FINDINGSIREVIEW CRITERIA The basis for the City Commission's decision to approve, conditionally approve or disapprove the subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice and recommendation, and additional information demonstrate that development of the subdivision complies with this title, the City's growth policy, the Montana Subdivision and Platting Act, and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, and other reviewing agencies have made comments in relation to those and other criteria as described below, and have recommended conditions as outlined in this staff report. A. Primary Review Criteria 1. Effects on Agriculture The property has been previously annexed and, while it has remained under cultivation, has been zoned and master planned for industrial development as proposed in this application. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. 3. Effects on Local Services Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this development. Therefore, the standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior to substantial completion and City acceptance of required water and sewer infrastructure improvements. The Engineering Department has several recommended conditions and cited code provisions regarding final water and sewer design. Sewer flow monitoring will have to be performed as part of the design report to #P-08008 Mandeville Major Subdivision Preliminary Prat Staff Report 12 determine if off-site improvements are needed to provide adequate capacity. If it is determined that off-site improvements are needed, they shall be constructed and accepted prior to issuance of building permits for the development. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land, Police/Fire. This property is not located within the fire service area of Fire Station #1 or #2 as indicated in Figure 11-1 of the Bozeman 2020 Plan. It is indicated as being within a 6 minute current deployment travel time of Fire Station #1 on Figure 16 of the 2006 — Fire Protection Master Plan. According to Figure 61, it is located within the 4 minute response time of the future Fire Station #7. However, there was significant discussion regarding the reservation of a lot in this project for a future fire station during the Pre- Application Review. The Fire Department has included a recommendation as part of this review that Lot 11, or another suitable lot to the City of Bozeman Fire Department, shall be reserved for the site of a future fire station (Recommended Condition S). Streets. Several existing street and intersection improvements will be required to accommodate this development as previously discussed in this report. This includes improvements, including installation of a signal, at the intersection of the new Wheat Drive and Highway 10 and intersection improvements at W. Griffin and N. 7`t' Avenue as analyzed in the Traffic Impact Study (TIS) completed for this project. The Engineering Department has recommended a condition (Recommended Condition 23) that all improvements necessary to provide adequate level of service at the intersections analyzed in the TIS must be installed or financially guaranteed prior to the filing of the plat for each phase unless a variance is granted by the City Commission. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval of the TIS and improvements must be obtained from the Montana Department of Transportation. The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. No building permits will be issued prior to substantial completion and City acceptance of required street infrastructure improvements (with the exception of sidewalks). The DRC and Engineering Departments have recommended many conditions to ensure that the street improvements installed with this development will adequately address the traffic and transportation impacts being created by this development. These include recommended conditions 20, 21, 22, 23, 24 and 28. 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. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for any major drainage courses that are being cut off. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 13 Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 20-foot utility easements being provided along the fronts of the lots. 4. Effects on the Natural Environment As required, an approved noxious weed management and re-vegetation plan was provided with the preliminary plat application (see Section 12 of the applicant's submittal materials). A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. The location of the wetlands and Iimited existing natural vegetation is primarily located along Mandeville Creek in the protected open space areas as has already been discussed by staff. Any road/trail crossings of the wetland areas will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and the Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sewer systems. Finally, the applicants provided a letter from the State Historic Preservation Office regarding cultural resources on the subject property. The letter from SHPO indicates that there is a low likelihood that cultural properties will be impacted. Staff is recommending a condition requiring that should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease 5. Effects on Wildlife and Wildlife Habitat As noted earlier, very little year round wildlife habitat exists on the property. The provision of the protected open space along Mandeville Creek and the plantings within this area will create some habitat for small animals and birds. The Montana Department of Fish, Wildlife and Parks has been contacted regarding this proposal but no comments have been received. Staff is recommending a condition that should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease (Recommended Condition 19). 6. Effects on Public Health and Safety The intent of the regulations in the Unified Development Ordinance 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. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 14 The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: a. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with the final plat of the subdivision. b. 18.42.060.B.I.a "Private Utilities" — The final plat and association documents shall contain a note stating that if a utility casement is greater than the building setback required by the Title 18 of the B.M.C. said easement shall apply. c. 18.44.010.H. "Second or Emergency Access" — To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be provided with a second means of access. If, in the judgment of the Development Review Committee (DRQ, a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. d. 18.44.120 "Public Transportation" — Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. e. 18.42.100.13.6 "Setback Planting"—A setback planting plan shall be prepared for all watercourse setbacks for review and approval prior to commencement of development or site preparation. A qualified landscape professional shall either document that the current watercourse setback planting plan meets the requirements of Section 18.42.100 of the BMC or a watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and Iandscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100 of the BMC. f. 18.50.080.1) "Storm Water Detention/Retention Ponds" — Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.1- "Maximum Allowable Slope or Grade" of the U.D.O. g. 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, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report is 1. These documents shall include a common area and facility maintenance plan and guarantee for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. 2. 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 PIanning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. 3. These documents shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. h. 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. i. Pursuant to Section 18.06.040.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 Planning 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 §18.74.060, BMC. j. Per Section 18.42.050, 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. k. Per Section 18.42.120, 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. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. 1. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets and adjacent to public parks or other open spaces. A landscape plan shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or by final plat, whichever comes first. in. All improvements are subject to Chapter 18.74 "Improvements and Guarantees.'" 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. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 16 n. The final plat must be in compliance with all requirements of Section 18.78.070 "Final PIat," including, but not limited to the following items: 1. Section 18.78.070.0 states that 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 Planning Department prior to final plat approval. 2. The final plat submittal shall include 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 four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3'/z-inch floppy disk or compact disk; and five (5) paper prints. 3. Irrigation System As-Builts. The developer shall provided irrigation system as- builts, for all irrigation installed in public rights-of-way. 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. o. Stormwater Master Plan: 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 detention/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 sites, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the nonnal use and maintenance of the park or 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 in 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. p. Plans and specifications and a detailed design report for water and sewer main extensions, streets and storm drainage facilities, prepared 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 #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 17 also provide Professional Engineering services for Construction Inspection, Post-construction Certification, and preparation of rnylar 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. All plans and specifications shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. q. 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 frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard 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. r. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. s. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans, as well as all nearby fire hydrants and proposed fire hydrants. t. Any easements needed 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 the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. u. Street names must be approved by the Gallatin County GIS office and City Engineering office prior to final plat approval. v. 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. w. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. x. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 18 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 plan and specification approval. y. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Pen-nit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. z. 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 18.74.020.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. aa. All construction activities shall comply with Section 18.74.020.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. D. Compliance with the required subdivision review process. The public hearings before the Planning Board and City Commission have been property noticed as required by the Bozeman Unified Development Ordinance. 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 Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman City Commission who will make the final decision on the applicant's request. E. Provision of 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 the subdivision. F. Provision of legal and physical access to each parcel. The proposed lots will gain access from frontage on proposed internal local streets (Wheat and Redwing Drive). 18.66.070 SUBDIVISION VARIANCES Variances have been requested from Section 18.44.060.D, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 19 mitigation measures at the intersection of Oak and Seventh Avenue and to Section 18.42.040 to exceed the block length and width standards of the Bozeman Municipal Code. Per Section 76-3-506, MCA, a variance to the UDO 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. Variance Request 1: Section 18.44.060.D, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Oak and Seventh Avenue. 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 purpose for this section of the code is to not allow development to further impact any intersection which has existing level of service deficiencies or will have a level of service problem with additional subdivision traffic added. Currently the intersection of Oak and N. 7"' operates below Level of Service D. Considering the distance of this project from this intersection, and the dispersion of traffic from this subdivision between adjacent roadways and intersections, the granting of this variance would not likely increase public danger at this intersection. 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 interpretation of this title is enforced. There are several physical limitations that exist at this intersection which pose major problems for intersection improvements. This includes limited right-of-way and businesses located very close to the roadway effectively limiting major turn lane expansion/improvements. 3. The variance will not cause a substantial increase in public costs. If the variance is not approved there would be a very substantial increase in public costs in right- of-way acquisition and possible business relocation at this intersection. 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. The variance would not place the subdivision in nonconformance with any other provisions of the code or growth policy. Summary: Staff supports the requested variance for the reasons stated above in the variance criteria. Variance Request 2: Section 18.42.040 to exceed the block length and width standards of the Bozeman Municipal Code. Block length within the subdivision is up to 2,350 feet ling. The maximum length #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 20 indicated in the U.D.O. is 1,320 feet. Block widths are approximately 900 feet wide. The maximum width indicated in the U.D.O. is 400 feet. 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. As an industrial subdivision, larger lots are necessitated to allow for larger scale development that may also have equipinent/materials/storage yards. Section 18.42.040.A. Size and Orientation, indicates that "blocks shall be designed to assure a high level ofmultimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography." (underlining added). While this subdivision is proposed to contain 22 lots, the lots can be aggregated to accommodate larger scale users based on demand. In addition, the proposed street layout does provide for adjoining property connections and circulation as proposed Redwing Drive abuts the DNRC property to the south and Wheat Drive is being connected to the south to connect to Mandeville Lane and N. 7"'. Therefore, the proposed larger block lengths and widths did not preclude adequate roadway connections to adjoining properties. The provision of the CIass II trail along Mandeville Creek also provides another north/south pedestrian connection along with the sidewalks that will be constructed along Wheat and Redwing Drives. 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 interpretation of this title is enforced. The subject property is fairly long and narrow in configuration which creates a somewhat unique situation in laying out the lots and blocks, especially for larger industrial type development. In addition, the location of Mandeville Creek through the center of the property also limits additional east/west roadways. The provision of the railroad spur on the west side of Mandeville Creek also demands larger block widths to provide for functional lots adjoining this feature. On the cast side of Mandeville Creek, staff is recommending a condition that a 30 foot wide alley be constructed in the middle of the block (over the sewer easement) to improve the functional circulation of these lots (Recommended Condition 28) . 3. The variance will not cause a substantial increase in public costs. If the variance is not granted, the construction of additional roadways would add significant public costs to the City's development of the project. 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. The variance would not place the subdivision in nonconformance with any other provisions of the code or growth policy. Summary: Staff supports the variance request for the reasons stated above in the variance criteria. #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 21 PUBLIC COMMENT No written public comments have been received by the Planning Department as of the writing of this report. Any comments received after the writing of this Staff Report will be distributed to the Commissioners at the public hearing. CONCLUSION/RECOMMENDATION Pursuant to Section 18.06.040.D of the Unified Development Ordinance, the Planning Board shall review the preliminary plat and supplementary information to detennine 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, December 1, 2008 hearing which begins at 6:00 PM. The Planning Board Resolution #P- 08008 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 ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE UNIFIED DEVELOPMENT ORDINANCE. Attachments: Agency Review Comments and applicant responses Applicant's Preliminary Plat Submittal Materials Mailed/Delivered to: City of Bozeman Engineering City of Bozeman Public Works Great West Engineering #P-08008 Mandeville Major Subdivision Preliminary Plat Staff Report 22