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HomeMy WebLinkAboutTrout Meadows Major Subdivision Preliminary Plat, P14011_18Page 1 of 20 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED. Public Hearing Date: Planning Board public hearing is on April 15, 2014 City Commission public hearing is on May 5, 2014 Project Description: A Major Subdivision Preliminary Plat application to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2. Project Location: The properties involved are described as Lots 1-10 in Block 5 and Lots 1-11 & Open Space Public Access (OSPA) 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 & 2, located in the SW ¼ of Sec. 26, T1S, R5E, P.M.M, City of Bozeman, Gallatin County, Montana. Block 5 is generally located north of Catamount Street, between Fen Way and Blackbird Drive. Block 6 is generally located south of Trout Meadows Road, between Fen Way and Davis Lane. Recommendation: Approval with conditions and code provisions. Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14011 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: Tuesday, April 29, 2014 Staff Contact: Doug Riley, Senior Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues at this time. Project Summary This preliminary plat application is to aggregate 21 lots, in two different blocks, and to shift one open space corridor (mid block crossing) in one of the blocks seven feet, and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in order to allow Phase 3 of the Trout Meadows Apartments project. 190 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 2 of 20 While zoned R-4, Residential High Density District, these two blocks were originally platted in 2007 for single household detached and single household attached townhome construction. The original plat included 15 of the lots designated as RSL’s under the City’s previous code requirements for affordable housing. The applicant now proposes to construct additional apartment units on these two blocks to match the apartment configurations they have constructed in Phases 1 and 2 of their project adjacent to these blocks. By direction of the City Commission, in order to remove the RSL designation from previously platted lots, a new subdivision application and public hearing is required. The applicant has submitted a separate site plan application for the construction of apartments on these blocks; however, that application cannot be approved until this subdivision is approved in order to remove the intervening lots lines and existing RSL designations on the lots. The primary surrounding subdivision infrastructure (e.g. streets, alleys, sewer, water, street lights, etc.) for these blocks are completed. The only infrastructure that needs to be addressed as part of this application are the individual sewer and water service stubs that will no longer be used and a requirement to install the required sidewalks within the mid-block crossing open space corridors. These two issues are addressed in the recommended conditions of approval. The required parkland for the additional number of units that could be constructed on these new lots as apartments has been addressed through the additional parkland the applicant had previously dedicated to the north (i.e. Cattail Lake) and east of this project. As of the writing of this report, no public comment has been received in regards to this application. 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 findings of non-compliance with the applicable subdivision criteria contained within the staff report. 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. April 15, 2014 Planning Board Meeting Supplement The Planning Board held a public hearing on this preliminary plat on April 15, 2014 as noted in the attached minutes from that meeting. No public comment was received at the public hearing. The Planning Board unanimously recommended the preliminary plat for approval with the conditions and code provisions included in this staff report. Note: As part of the review of this project, staff also took the opportunity to obtain the Planning Board’s feedback on the continued policy to require a new preliminary plat application and public hearing to remove previous RSL designations, which were part of the City’s original 191 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 3 of 20 affordable housing efforts, from existing lots (versus perhaps removing them through a more expedited administrative subdivision exemption process). As noted in the attached minutes, the Planning Board indicated that there were instances, such as this one, where an administrate review process would be adequate, but that there should still be a public noticing process as part of the review. If significant public comment or opposition was received, then an entirely new preliminary plat and full public hearing would be required. There was also discussion that each situation was unique and perhaps there needs to be some staff discretion as to when an administrative process is adequate. Staff wanted to provide the Commission with this feedback in order to determine if there was interest in further policy discussions on this issue. If there is, staff would present the Commission with possible alternatives to possibly streamline the RSL designation removal process in appropriate instances. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS............................................. 10 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 11 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 11 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 Preliminary Plat Supplements ........................................................................................... 15 APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 18 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 19 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 20 APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 192 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 4 of 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 20 SECTION 1 - MAP SERIES Applicant’s Preliminary Plat 193 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 5 of 20 194 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 6 of 20 195 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 7 of 20 The following land uses and zoning are adjacent to the subject property: North: Phase 1 of Trout Meadows Apartments and the Cattail Lake Park; zoned R-4 (Residential High Density District) South: Residential, vacant and Phase 2 of Trout Meadows Apartments; zoned R-1 (Residential Single-Household Low Density District) and R-4 East: Phase 1 of Trout Meadows Apartments; zoned R-4 West: Phase 2 of Trout Meadows Apartments, Davis Lane and vacant; zoned R-4 and unannexed County land 196 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 8 of 20 197 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 9 of 20 198 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 10 of 20 SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS No variances or deviations have been requested as part of this application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. Recommended Conditions of Approval: Community Development 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a plat sheet. 2. 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. 3. 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. 4. The subdivider shall provide the necessary declaration and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions include this property as being part of the existing Cattail Lake Subdivision property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 5. The mid block open space located in Block 6 shall be labeled as OSPA (Open Space Public Access) as originally shown on the Cattail Lake Phase 1 and 2 Subdivision. All notes and references to this open space on the plat shall be consistent with the original plat designation. Sidewalk construction, in accordance with Section 38.23.040.D.3 BMC, within the two mid block OSPA areas to the adjacent street sidewalks, shall be installed or financially guaranteed prior to final plat approval in accordance with Section 38.39.030.B.2.a BMC. 6. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC shall be provided with the final plat. A table showing the parkland requirements for the original Cattail Lake subdivision and the method of meeting the 199 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 11 of 20 parkland dedication for this subdivision shall be included on the final plat or other recordable document acceptable to the City of Bozeman. 7. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. Engineering Department 8. Any unused water/sewer service stubs for this development shall be properly abandoned per the direction of the water/sewer department. The unused stubs shall be removed or financially guaranteed for removal prior to final plat. 9. Any areas of missing public sidewalk shall be constructed or financially guaranteed for construction prior to final plat. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS None have been identified at this time. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Trout Meadows, Phase 3, Major Subdivision Preliminary Plat File: P14011 The Development Review Committee (DRC) held meetings on March 19, 26 and April 2, 2014 to consider the subdivision. The DRC found that the application is sufficient for review and recommends approval with conditions to the Planning Board and City Commission. The Planning Board will conduct a public hearing on the subdivision and make a recommendation to the City Commission. The hearing date for the Planning Board is April 15, 2014 at 6 pm at 121 N. Rouse Avenue, City Hall. The Planning Board held its public hearing on April 15, 2014. No public comment was received. The Planning Board unanimously recommended the preliminary plat for approval with the conditions and code provisions as noted in this staff report. The City Commission will make the final decision on this subdivision application. The hearing date for the City Commission is May 5, 2014 at 6 pm at 121 N. Rouse Avenue, City Hall. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. This analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 200 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 12 of 20 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The subject property has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and prepared as a preliminary plat in accordance with State statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, the 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. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The preliminary plat has been reviewed in accordance with the subdivision requirements of the BMC. Staff has included recommended conditions of approval and advisory code citations that must be addressed as part of the final plat application for this project. The final plat shall comply with the standards identified and referenced in Chapter 38, BMC, 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. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. A subdivision pre-application, P14003, was submitted on January 21, 2014. The pre-application was reviewed by the DRC on February 5, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. The DRC granted numerous supplemental information waivers under Section 38.41.060, BMC. A complete preliminary plat application was submitted on February 24, 2014 and deemed acceptable for initial review on March 5, 2014. The preliminary plat was reviewed by the DRC on March 19, 26 and April 2, 2014. On March 26, 2014 the DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. The DRC provided a recommendation of approval to the Planning Board and City Commission on April 2, 2014. On April 10, 2014 this staff report with a recommendation of conditional approval was forwarded to the Planning Board. The Planning Board will make a formal recommendation to the City Commission at a public hearing on April 15, 2014. The City Commission is scheduled to make a final decision at their May 5, 2014 public hearing. The hearings before the Planning Board and City Commission have been properly noticed as required by the BMC. 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 201 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 13 of 20 forward a recommendation in a Resolution to the City Commission who will make the final decision on the applicant’s request. 4) Compliance with Chapter 38, BMC and other relevant regulations. Based upon the review of the DRC, all applicable regulations appear to be met or can be met with the recommended conditions of approval. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities. In accordance with Section 38.23.060.A, BMC all easements, existing and proposed, have been accurately depicted and addressed on the preliminary plat and will be required to be addressed on the final plat. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. The proposed (aggregated) lots meet the minimum lot width and frontage requirements for the R- 4 zoning district. In addition, while these lots have frontage to Catamount Street and Trout Meadows Road, the lots (future development) will gain access from the existing internal alleys. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture. The subject property is designated as “Residential” according to the City of Bozeman Community Plan. The subject property is zoned for residential development and has not been in agricultural production for many years. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities. No effects on agricultural water user facilities have been identified. 3) The effect on Local services. Water/Sewer – Municipal sanitary and water mains have been previously constructed to serve these blocks within the adjacent street right-of-ways and alleys. The existing sewer and water service stubs that were previously installed to the individual lots that will no longer be utilized will have to be removed as noted in Engineering Department condition #8. Streets –The streets and alleys that provide access to these blocks have been previously constructed and are not proposed to be altered as part of this preliminary plat. Street lights were previously installed as part of the original subdivision and street infrastructure. 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 Engineering Department prior to filing the final plat to facilitate emergency response to the properties. 202 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 14 of 20 Stormwater – Stormwater management for these blocks and the existing streets and alleys were addressed as part of the original subdivision development. The applicant is on notice that with any future development of the lots, the existing stormwater facilities will be evaluated to meet City design standards and may required future improvements prior to any City Engineering Department approval. Parklands – The applicant was required to demonstrate that parkland had been previously dedicated to accommodate the potential additional number of apartment units this lot reconfiguration would allow compared to the previous lot layout and anticipated development. Based on the proposed 48 apartment units the applicant has submitted as part of Site Plan Application Z14042, compared to the original 21 lots, the additional 27 units would require an additional .81 acres of parkland (27 units X.03 acres). The applicant had previously dedicated, and was credited with, 13.14 acres of parkland lying to the north across Trout Meadows Road which encompasses Cattail Lake and an additional park area to the east. With the additional 27 units, a total of 10.65 acres of parkland is required to serve the applicant’s three phases of Trout Meadows and there remains a balance of 2.49 acres of additional parkland having been provided. As part of this preliminary plat, the applicant has proposed to relocate the existing Open Space Public Access (OSPA) mid block crossing on Block 6 along Trout Meadows Road approximately seven feet to the west in order to better accommodate their Phase 3 site plan. Staff has reviewed this slight adjustment and does not see any problem with this shift in location. As noted in recommended condition #5, this mid block open space shall be labeled as OSPA (Open Space Public Access) as originally shown on the Cattail Lake Phase 1 and 2 Subdivision. All notes and references to this open space on the plat shall be consistent with the original plat designation. Sidewalk construction, in accordance with Section 38.23.040.D.3 BMC, within the two mid block OSPA areas to the adjacent street sidewalks, shall be installed or financially guaranteed prior to final plat approval in accordance with Section 38.39.030.B.2.a BMC. 4) The effect on the Natural environment. This property is located in an area of the City which has been identified and developed for urban residential uses. The Community Development Department has not identified any natural environment features that would be impacted with this subdivision. 5) The effect on Wildlife and wildlife habitat. No known endangered species or critical game ranges have been identified on the subject property. This property has been identified and developed for urban purposes in a location of the City which essentially eliminates the potential for development of any wildlife habitat. 6) The effect 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 203 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 15 of 20 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. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a result, the DRC has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on February 5, 2014 and comments formally transmitted on February 12, 2014. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 BMC “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 due to the previously reviewed and approved subdivision of the subject property. No surface water exists on the subject property. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No floodplains are associated with the subject property. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. Geotechnical reports were completed with the previous development of the subject property. 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. Geotechnical reports were completed with the previous development of the subject property. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No mature vegetation or critical vegetation species are found on the site. The application has a previous noxious weed management plan for the site that remains in effect. 38.41.060.A.6 Wildlife Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No key wildlife habitat is known to exist on the site. 204 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 16 of 20 38.41.060.A.7 Historical Features Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No historical features are known to exist on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No agricultural operations exist on the subject property. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. No agricultural water facilities exist on the subject property. 38.41.060.A.10 Water and Sewer A partial waiver to this supplemental information was waived by the DRC due to the previously reviewed and approved subdivision of the subject property. The applicant was required to provide their preliminary plans for the termination of the existing services for the individual lots and their plans for new service lines based on the new lot configuration for review by the Engineering and Sewer and Water Departments as part of the preliminary plat review. The existing sewer and water service leads that were previously installed to the individual lots that will no longer be utilized will have to be removed as noted in Engineering Department condition #8. 38.41.060.A.11 Stormwater Management Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. Future development on the resultant lots will be reviewed for compliance with the City’s stormwater management regulations as part of site plan review. 38.41.060.A.12 Streets, Roads and Alleys Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. All public streets, Catamount Street, Fen Way, Blackbird Drive and Trout Meadows Road, were installed/improved as part of the original subdivision of the parent property. The applicant is not proposing any changes to these roadways. Access to the subject blocks/development will be from the existing internal alleys. 38.41.060.A.13 Utilities Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property. The subdivision plans have been previously submitted to the utility companies for installation of services. Required ten foot utility easements along the perimeter of the lots/frontages have been supplied. Utility easements are required on the final plat. 38.41.060.A.14 Educational Facilities 205 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 17 of 20 Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property as well as this allowing a final phase of the existing Trout Meadows Apartments project. 38.41.060.A.15 Land Use While zoned R-4 (Residential High Density District), these two blocks were originally platted in 2007 for single household detached and single household attached townhome construction which included 15 of the lots being designated as RSL’s under the City’s previous code requirements for affordable housing. The applicant now proposes to construct additional apartment units on these two blocks to match the apartment configurations they have constructed in Phases 1 and 2 of their project adjacent to these blocks. By direction of the City Commission, in order to remove the RSL designation from previously platted lots a new subdivision application and public hearing is required. The new configuration of the blocks for multi-household development is in conformance with the R-4 zoning district. 38.41.060.A.16 Parks and Recreation Facilities A partial waiver to this supplemental information was waived by the DRC due to the previously reviewed and approved subdivision of the subject property. The applicant was required to provide an analysis/calculation/summary that the parkland dedication requirements of Article 27, Chapter 38 BMC had been previously addressed as part of the original Cattail Lake Subdivision in order to accommodate the additional number of units that are now being proposed with the construction of multi-family dwellings on the subject property. This information was provided and verified by staff as adequate as addressed under the previous Parklands review section of this report. As noted in recommended condition #6, documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC shall also be provided with the final plat. A table showing the parkland requirements for the original Cattail Lake subdivision and the method of meeting the parkland dedication for this subdivision shall be included on the final plat or other recordable document acceptable to the City of Bozeman. 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property where the neighborhood center requirements were addressed by the provision of the Cattail Lake Park area. 38.41.060.A.18 Lighting Plan Supplemental information waived by the DRC due to the previously reviewed and approved subdivision of the subject property in which lighting has been previously installed. 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. 206 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 18 of 20 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 10.08, BMC, has been suspended by the City Commission. APPENDIX A –ADVISORY CODE CITATIONS The following code provisions are identified for informational purposes as the project moves forward. These will need to be addressed as part of the final plat application or other process step. a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §38.41.060, BMC. For the applicant’s information. b. 38.23.050 BMC “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. For the applicant’s information. c. 38.23.060.B BMC “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, BMC said easement shall apply. All utility easements shall be noted on the Final Plat for each typical subdivision lot/block. For the applicant’s information as the final plat is prepared. d. 38.26.070 BMC “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on the portions of open space and parkland adjacent to public streets. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. For the applicant’s information. e. 38.39.030 BMC “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. For the applicant’s information. f. Article 6 BMC. The certificates listed in Section 38.06.020 through 38.06.110 shall be shown on the final plat as appropriate. For the applicant’s information. The final certificates will be verified at time of final platting. 207 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 19 of 20 g. Section 38.41.080.g.7 BMC requires 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 and specs, as well as all nearby fire hydrants and proposed fire hydrants. For the applicant’s information. h. Section 38.41.020 BMC outlines additional permits that may be required beyond what is administered by the City of Bozeman. 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 project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. For the applicant’s information as other agency permits may be applicable. APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4 (Residential High Density District). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area.” Pursuant to Section 38.08.080, BMC, minimum net densities in the R-1, R-2 and R-3 Districts are five dwellings per net acre, while R-4 has a minimum density of 8 dwellings per net acre. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. The calculated density for the applicant’s proposed apartment project on these blocks is 23 units per net acre. Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. All residential housing should be arranged with consideration of compatibility with 208 P14011, Staff Report for the Trout Meadows, Phase 3, Major Subdivision Page 20 of 20 adjacent development, natural constraints such as watercourses and steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: A Major Subdivision Preliminary Plat application to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2. This subdivision is proposed in order to allow construction of Phase 3 of the Trout Meadows Apartments project. Project Background: The “Cattail Lake Development” was annexed to the City and zoned R-4 in 2006. These two blocks were originally platted in 2007 as part of the Cattail Lake Subdivision and have remained vacant. Phases 1 and 2 of the Trout Meadows Apartments have already been constructed adjacent to these blocks. APPENDIX D – NOTICING AND PUBLIC COMMENT Required public notice posting and noticing to property owners of record within 200 feet of the subject property via first class mail was completed on March 28, 2014. Required newspaper noticing of the project was completed on March 30, 2014. No public comment has been received in response to this noticing as of the date of this report. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owner: Remainder at Trout Meadows, LLC, 7403 Highline Court. Missoula, MT 59808 Applicant: Montana Crestview, 4200 Expressway, Missoula, MT 59808 Representative: TD & H Engineering, 234 East Babcock Street, Bozeman, MT 59715 Report By: Doug Riley, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Planning Board Minutes of April 15, 2014 Planning Board Resolution P14011 Application materials 209 Page 1 of 4 City of Bozeman Planning Board Minutes of April 15, 2014. PLANNING BOARD MINUTES TUESDAY, APRIL 15, 2014 ITEM 1. CALL TO ORDER AND ATTENDANCE President McSpadden called the regular meeting of the Planning Board to order at 6:02 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance. Members Present: Trever McSpadden, President George Thompson Julien Morice Paul Neubauer Erik Garberg Laura Dornberger Brett Potter – joined meeting at 7:00pm City Commission Liaison: Members Absent: Jerry Pape Guests Present: Dave Crawford, TD&H Engineering Ken Smith, Process Architecture Scott Hacker, Applicant 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.) At :17 min - Chair McSpadden, opened for public comment. No public comment forthcoming. Public Comment period was closed. ITEM 3. MINUTES OF MARCH 18, 2014 At :59 min – Mr. Thompson noted a correction to be made to the March 18th minutes regarding Westbrook Subdivision. Strike “He finds very large homes that are being built three or four feet apart in some neighborhoods.” Replace with “very large homes that are being built out-of- character with the adjacent homes.” Mr. McSpadden also noted a correction to be made saying it was Mr. Pape, not Mr. Thompson, who had the “milk” comment. At 2:29 min Mr. Morice moved to approve the corrected minutes. Mr. Thompson seconded. The motion was approved unanimously. ITEM 4. PROJECT REVIEW 1. Trout Meadows Ph. 3 Prel. Plat Application P14011 A Subdivision Preliminary Plat Application requested by the property owner and Applicant by the property owner Remainder at Trout Meadows, LLC, 7403 Highline Ct., Missoula, MT 59808 and applicant: Montana Crestview, 4200 Expressway, Missoula, MT 59808, and 210 Page 2 of 4 City of Bozeman Planning Board Minutes of April 15, 2014. represented by: TD & H Engineering, 234 East Babcock Street, Bozeman, MT 59715. A Major Subdivision Preliminary Plat application to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2. The properties involved are described as Lots 1-10 in Block 5 and Lots 1-11 & OSPA 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 & 2, located in the SW ¼ of Sec. 26, T1S, R5E, P.M.M, City of Bozeman, Gallatin County, Montana. Block 5 is generally located north of Catamount Street, between Fen Way and Blackbird Drive. Block 6 is generally located south of Trout Meadows Road, between Fen Way and Davis Lane. (Riley) At 2:48 min – Chair McSpadden opened Item #4 Project Review. At 2:57 min – Planner Riley provided an overview of the application, staff report and recommendation. He stated that no public comment has been received regarding this application and there are no unresolved issues. Planner Riley requested feedback from the Planning Board on the continued policy regarding having to complete a new preliminary plat and public hearing to remove previous RSL designations. He concluded his presentation and stated he was available for questions. At 13:44 min – Mr. Crawford of TD&H Engineering, representing the applicant, thanked the Planning Board for the opportunity to speak about this application and stated he is available to answer any questions. At 14:55 min – In response to a question from Planning Board member Neubauer, Scott Hacker, Applicant, explained the future plans for the development of the restricted lot area and their previous parkland dedication areas. At 17:37 min – Mr. Crawford stated that regarding the RSL policy, that he believes using the subdivision exemption process would be a better use of everyone’s time. At 18:08 min – Mr. Hacker stated that removing the RSL’s (new prel. plat) delayed the process two months at a cost of few thousand dollars. At 19:00 min – Ms. Dornberger asked about the frequency of requests to remove RSL designations. Planner Riley indicated that it is quite common, but many people never pursue due to the time and expense of a new preliminary plat. At 20:05 min – Mr. Morice asked whether these blocks/apartments will be part of the existing Property Owners’ Association? Mr. Hacker replied that, yes, they will be. At 20:30 min – Chair McSpadden opened for Public Comment. No public was forthcoming. Public Comment was closed. At 20: 52 min – Chair McSpadden opened for motion, discussion and vote. Mr. Thompson made the motion to approve. “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14011 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions.” Mr. Garberg seconded the motion. 211 Page 3 of 4 City of Bozeman Planning Board Minutes of April 15, 2014. At 21:45 min – Planning Board members discussed the RSL Policy. Mr. Thompson stated he was initially concerned with losing RSLs, but with the existing apartments the RSLs don’t fit and apartments work better here. At 23:25 min – Mr. Morice stated the underlying zoning permits apartments as well so he doesn’t have a problem with removing RSLs and still create affordable housing. At 24:17 min – Mr. Garberg stated he still likes the idea of some type of public noticing before RSL designations are removed. Perhaps it can be incorporated into an administrative exemption process and if there is a certain public comment trigger, it would then require a full preliminary plat and public hearing. At 25:04 min – Mr. Morice stated if the zoning allows the land use he is ok, but what should govern the plat or zoning? He believes it should be the zoning. At 27:13 min – Mr. Garberg stated that often compatibility issues between housing types creates a problem. For example, large homes next to small homes. At 28:52 min – Mr. Neubauer stated the location of the RSLs are generally on the west side of town. Perhaps if they were in the core/downtown area of the city, he would not want to lose them in order to accommodate more affordable housing in the heart of the city. At 30:48 min – Chair McSpadden stated this project is a good example of where an administrative exemption review process would be ok, but he also likes the idea of some public noticing. Perhaps there needs to be some staff discretion to determine when an exemption is ok. At 34:03 min – Mr. Garberg stated the review process does have merit including the DRC review of traffic, parkland, subdivision issues, etc. At 35:26 min – Chair McSpadden opened for a vote on the motion. Motion passed unanimously. ITEM 5. NEW BUSINESS At 35:45 min – Chair McSpadden opened for new business. Discussion regarding RSLs continued. The Planning Board also discussed addressing the following items: - Affordable Housing; - Parkland/open space; and - Housing/subdivision design flexibility, including PUD’s At 55:51 min – Chair McSpadden indicated that he would encourage the Planning Board to become more involved and work on key policy issues. However, due to staff workloads, this may mean that the Planning Board members would be doing much of the work. At 1:28:09 min – Chair McSpadden stated that as Planning Board members have ideas for future policy discussions, to send him an email and he will review them with Planning & Policy Manager Saunders to see if it is an appropriate item to place on a future agenda and how best for the Planning Board to provide policy feedback to the Commission, etc. 212 Page 4 of 4 City of Bozeman Planning Board Minutes of April 15, 2014. ITEM 5. ADJOURNMENT At 1:39:16 min – Seeing there is no further business before Planning Board Mr. Garberg moved to adjourn the meeting. Mr. Morice seconded. The meeting was adjourned at 7:50 p.m. Trever McSpadden, President Doug Riley, Senior Planner Planning Board Department of Community Development City of Bozeman City of Bozeman 213 Trout Meadows, Phase 3, Major Subdivision Page 1 of 3 RESOLUTION #P14011 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO AGGREGATE TEN (10) LOTS IN BLOCK 5 AND TO AGGREGATE ELEVEN (11) LOTS AND RECLOCATE OPEN SPACE IN BLOCK 6 AND TO REMOVE THE EXISTING RESTRICTED SIZE LOT (RSL) DESIGNATIONS FROM CERTAIN LOTS WITHIN THESE BLOCKS IN THE CATTAIL LAKE SUBDIVISION, PHASES 1 AND 2, LOCATED IN THE SOUTHWEST ONE-QUARTER (SW ¼) OF SECTION 26, TOWNSHIP ONE SOUTH (T1S), RANGE FIVE EAST (R5E), P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner Remainder at Trout Meadows, LLC, 7403 Highline Court, Missoula, MT 59808, represented by TD & H Engineering, 234 East Babcock Street, Bozeman, MT 59715 submitted a Major Subdivision Preliminary Plat Application to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2; 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 214 Trout Meadows, Phase 3, Major Subdivision Page 2 of 3 WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, April 15, 2014, to review the application and any public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, no public testimony was made on the matter of the preliminary plat application; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application in regards to the character of the area and the removal of the RSL lot designations; 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 Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P14011 and voted (7:0) to recommend approval of the preliminary plat application for the Trout Meadows, Phase 3, Major Subdivision authorizing to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2 subject to the following conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a plat sheet. 215 Trout Meadows, Phase 3, Major Subdivision Page 3 of 3 2. 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. 3. 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. 4. The subdivider shall provide the necessary declaration and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions include this property as being part of the existing Cattail Lake Subdivision property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 5. The mid block open space located in Block 6 shall be labeled as OSPA (Open Space Public Access) as originally shown on the Cattail Lake Phase 1 and 2 Subdivision. All notes and references to this open space on the plat shall be consistent with the original plat designation. Sidewalk construction, in accordance with Section 38.23.040.D.3 BMC, within the two mid block OSPA areas to the adjacent street sidewalks, shall be installed or financially guaranteed prior to final plat approval in accordance with Section 38.39.030.B.2.a BMC. 6. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC shall be provided with the final plat. A table showing the parkland requirements for the original Cattail Lake subdivision and the method of meeting the parkland dedication for this subdivision shall be included on the final plat or other recordable document acceptable to the City of Bozeman. 7. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 8. Any unused water/sewer service stubs for this development shall be properly abandoned per the direction of the water/sewer department. The unused stubs shall be removed or financially guaranteed for removal prior to final plat. 9. Any areas of missing public sidewalk shall be constructed or financially guaranteed for construction prior to final plat. DATED THIS DAY OF , 2014 Resolution #P14011 _____________________________ ____________________________ Doug Riley, Senior Planner Trevor McSpadden, Chairperson Department of Community Development City of Bozeman Planning Board 216 217 218 219 220 221 222 223