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HomeMy WebLinkAboutLoyal Garden Major Subdivision Preliminary Plat Commission materials �r7_s 0 Commission Memorandum 1 8 a REPORT TO: Honorable Mayor&City Commission FROM: Andrew Epple,Planning Director Chris Kukulski, City Manager SUBJECT: Loyal Garden Major Subdivision Preliminary Plat, #P-06014 MEETING DATE: Monday,May 22, 2006 BACKGROUND: The property owners, Covenant, LLC, represented by Intrinsik Architecture and TD&H Engineering, have made application for a Major Subdivision Preliminary Plat that would allow approximately 75 acres, located southwest of the intersection of Huffine Lane and Cottonwood Road, to be subdivided into 139 single and two-household residential lots, 15 mixed multiple household residential/office lots, and parks, open spaces, streets, and alleys. Access to the subdivision is provided by one street connection to Huffine Lane (a principal arterial) and two street connections to Cottonwood Road (also a principal arterial). The majority of the parkland is proposed in two locations — along the Farmer's Canal to the south and along Cottonwood Road to the east. Affordable housing requirements are being addressed by 25 single household restricted size units on 5000 square foot lots and by one 10-unit multiple household lot. With the application, two variances are requested. The first is from Sections 18.42.060.D.4/ 18.42.080.C, to allow stormwater to discharge into an agricultural water user facility/irrigation ditch. The second variance is from Section 18.44.080 "Sidewalks" to allow paved trails as a substitute for sidewalks in parkland where a standard sidewalk and a trail would be in close proximity to one another. The Development Review Committee (DRC), Community Affordable Housing Advisory Board (CAHAB), Recreation and Parks Advisory Board (RPAB), and the Planning Board all recommend conditional approval of this application with the variance for stormwater discharge, but not the variance for sidewalks. Please refer to the attached reports,minutes, etc. for additional information. UNRESOLVED ISSUES: The Planning Board recommended changing Condition Number 5 to eliminate the first sentence which reads: "The proposed lift station shall be relocated to be south of the large detention pond and orchard." The resulting condition would be: "If the lift station is proposed within an Entryway Overlay District, it shall be subject to the Bozeman Design Objectives Plan and must be reviewed and approved by Administrative Design Review Staff prior to construction." Staff feels that the first sentence should remain and that the lift station should not be located directly off of one of our major entryways into Bozeman. The other unresolved issue is that the applicants have not been able to obtain written permission from the Farmer's Canal Company to allow discharge into the canal as required by Condition Number 26. RECOMMENDATION: (Fhree Actions): 1) That the City Commission conditionally approve the requested variance from Sections 18.42.060.D.4/18.42.080.0 for stormwater; 2) That the City Commission deny the requested variance from Section 18.44.080 for sidewalks; and 3) That the City Commission approve File No. P-06014, Loyal Garden Major Subdivision Preliminary Plat, with the conditions and code provisions outlined in the Staff Report. Memo Information Complied on May 16, 2006 FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new the development. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Andrew Epple,Planning Director Chris Kukulski, City Manager Attachments: Staff Report Aerial Photograph PB Resolution from May 2, 2006 PB Minutes from May 2,2006 Hearing City Commission Minutes from January 17,2006 (for reference to Pre-App) PB Minutes from January 4, 2006 (for reference to Pre-App) RPAB Comments CAHAB Comments Public Comment (1) Water&Sewer Department Email dated 5.16.06 Applicant Submittal Materials for Major Subdivision Preliminary Plat: -Book 1 -Book 2 -Addendum (*Note Black Notebook titled"Addendum"has most up-to-date plans) Memo Information Complied on May 16, 2006 PLANNING BOARD & CITY COMMISSION STAFF REPORT LOYAL GARDEN MAJOR SUBDIVISION PRELIMINARY PLAT FILENO. #P-06074 Item: Subdivision Preliminary Plat Application #P-06014, with variances, to subdivide approximately 75 acres, located southwest of the corner of Huffine Lane and Cottonwood Road, to be subdivided into 139 single and two-household residential lots, 15 mixed multiple household residential and office lots, and the remaining area as parks, open spaces, streets, and alleys Property Owner: Covenant,LLC P.O. Box 11428 Bozeman MT 59719 Representatives: TD&H, Inc. Intrinsik Architecture 215 West Mendenhall, Suite C-1 428 East Mendenhall Street Bozeman,MT 59715 Bozeman MT 59715 Date/Time: Before the Bozeman Planning Board on Tuesday, May 2, 2006 at 7 pm in the City Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana and before the Bozeman City Commission on Monday, May 22, 2006 at 7 pm, in the Community Room, County Courthouse,311 West Main Street, Bozeman,Montana Report By: Susan Kozub,Associate Planner Recommendation: Conditional Approval PROJECT LOCATION The subject property is located southwest of the intersection of Huffine Lane and Cottonwood Road and is legally described as Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, located in the northeast quarter of Section 16, T2S, R5E, PMM, Gallatin County, Montana. The property is still in the Gallatin County Bozeman Area Zoning District with a zoning designation of AS (Agricultural Suburban District);however,it has been approved for annexation to Bozeman City Limits with a mix of initial municipal zoning designations including: 22.8 acres of R-1 (Residential Single Household, Low Density District); 27.6 acres of R-2 (Residential Two Household, Medium Density District); 10.6 acres of R-3 (Residential Medium Density District); 4 acres of R-4 (Residential High Density District); and 10 acres of R-O (Residential Office District). Please refer to the vicinity map provided below and the exhibits provided in the applicant submittal materials. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 1 R-4 Zoning Proposed R-0 Zoning Proposed Proposed -2 Zoning Proposed R-1 Zoning Proposed z ........... O PROPOSAL A Major Subdivision Preliminary Plat Application with variances has been submitted that would allow approximately 75 acres, located southwest of the *intersection of Huffine Lane and Cottonwood Road, to be subdivided into 139 single and two-household residential lots, 15 mixed multiple household residential and office lots, and parks, open spaces, streets, and alleys. Access to the subdivision is provided by one street connection to Huffine Lane (a principal arterial) and two street connections to Cottonwood Road (also a principal arterial). The majority of the parkland is proposed in two locations: along the Farmer's Canal to the south;and along Cottonwood Road to the east. Affordable housing requirements are being addressed by 25 single household restricted size units on 5000 square foot lots and by one 10-unit multiple household lot. Please note that during the preliminary review process, a meeting was held with the Montana Department of Transportation. During this meeting, it was determined that only one street access would be permitted to connect to Huffine Lane. As a result, the applicants submitted a revised addendum (see black notebook) with a new plat, revised calculations, and a revised traffic study. The Development Review Committee (DRC) added an extra week to allow additional time to review the revised submittal. On April 26, 2006, the DRC recommended conditional approval based on the revised plans. The original submittal materials (spiral bound notebooks) are included for reference to the preliminary plat supplements, covenants, wetlands report, etc. With the application, two variances are requested. The first is from Sections 18.42.060.D.4 and 18.42.080.C, to allow stormwater to discharge into an agricultural water user facility/irrigation ditch. The second variance is from Section 18.44.080 "Sidewalks" to allow paved trails as a substitute for sidewalks in parkland where a standard sidewalk and a trail would be in close proximity to one another. The DRC supports the variance to allow stormwater (that has been routed through detention systems to facilitate sediment and contaminant removal) to discharge into the irrigation facility only if proper written permission is obtained from the Farmer's Canal Company as noted in the conditions of approval. If the variance is not approved by the City Commission or if the variance is approved, but written permission is not obtained, the stormwater will be piped to a detention facility, treated in the detention basins, and discharged into Baxter Creek as allowed by the UDO. #P-0601 4 Loyal Garden Major Subdivision Preliminary Plat Staff Report 2 The DRC does not support the variance to allow paved trails in lieu of sidewalks along narrow portions of the parks. As noted Condition 30, "City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be combined into one facility that is 10 feet wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander),but at the furthest, shall be no more than 15 feet from the right-of-way." This will eliminate the need for the variance and eliminate the duplication of pedestrian facilities in a narrow area, but still allow for a year round usable surface for both pedestrians and bicyclists. Please refer to Pages 12-13 for additional discussion regarding the requested variances. ZONING DESIGNATION & LAND USES As previously noted, the property is still in the Gallatin County Bozeman Area Zoning District with a zoning designation of AS (Agricultural Suburban District); however, it has been approved for annexation to Bozeman City Limits with a mix of initial municipal zoning designations including R-1, R-2, R-3, R-4, and R-O. Annexation was approved by the City Commission on Tuesday, February 21, 2006. The final annexation agreement, waivers, and maps must be formally approved prior to the installation of any infrastructure. The intent of the R-1 (Residential Single-household, Low Density District) is to provide for single- household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. The intent of the R-2 (Residential Two-household, Medium Density District) is to provide for one- and two-household residential development at urban densities within the City in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 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. The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or greater. 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. The intent of the R-O (Residential-Office District) is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses;where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. Please refer to the attached chart which summarizes zoning district specifics. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 3 The following land uses and zoning are adjacent to the subject property: North: Car dealership,vacant land, and bank;zoned B-P (Business Park District); South: Large lot residential development and agricultural uses; zoned county A-S (Agricultural Suburban District); East: Agricultural uses;zoned county A-S (Agricultural Suburban District); West: Residential and agricultural uses;zoned county A-S (Agricultural Suburban District). GROWTH POLICY DESIGNATION The area that is subject to this application was recently approval for a "Residential" designation on the Future Land Use Map in the City's growth policy. This designation is described as follows: Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also 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. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. The following growth policy designations are adjacent to the subject property: The car dealership, bank, and vacant land to the north are designated as "Business Park" which is described as follows: Business Park. This classification provides for areas typified by office uses and technology- oriented light industrial uses, although retail,services, or industrial uses may also be included in an accessory or local service role. The Large lot residential development and agricultural uses to the south; the Agricultural uses to the south and the residential and agricultural uses to the west are designated as "Future Urban"which is described as follows: #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 4 Future Urban. This category designates areas where development is considered to be generally inappropriate over the 20 year term of the Bozeman 2020 Community Plan, either because of natural features, negative impacts on the desired development pattern, or significant difficulty in providing urban services. The Residential category contains adequate area to accommodate over 200 percent of expected residential development over the 20 year horizon of the Bozeman 2020 Community Plan. Development within the Future Urban area would be generally disruptive to the desired compact urban land use pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City would expand outward into areas previously designated as Future Urban. As the City's growth policy is updated from time to time, some areas currently classified as Future Urban are expected to be reclassified to urban designations. The land shown with a Future Urban designation is comprised of parcels in a variety of different sizes, but typically in larger acreages. Suburban or rural density subdivisions adjacent to the City may impede an orderly and cost effective expansion of the City. In order to prevent such conflicts and problems in the future, use of land in the Future Urban land use designation should follow one of three paths, which are listed in order of the City's preference: 1. Remain as currently utilized, until annexed and municipal services are available to support a Residential or other urban land use category development as described in this plan; 2. Develop at a density of a single dwelling per existing parcel, with consolidation of smaller parcels into single ownerships for development being supported; or 3. If further subdivision is proposed, to develop at urban densities and standards with provisions for connection to City services when they become available. Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020 Community Plan and final authority to deny or approve development in County areas shown with this designation remains with the County Commission. As Gallatin County completes its own county-wide growth policy, additional and more detailed planning is expected within the County zoning district surrounding the City. This more detailed level of planning is expected to help identify areas that are preferred for, or inappropriate for, development and give guidance to the County Commission in their review of individual development proposals. PRELIMINARY PLAT SUPPLEMENTS A subdivision pre-application for this project was reviewed by the Development Review Committee on December 21, 2005, the Planning Board on January 4, 2006, and the City Commission on January 17, 2006. No supplementary waivers were requested or granted at that time. A. Surface Water. There are several watercourses, ditches, ponds, and wetlands within and near the subject property. The Farmer's Canal is located along the southern property boundary. Water from the canal is diverted into a small north-south running ditch that runs through wetlands into three connected artificial ponds. Baxter Creek is classified as a perennial stream beginning at the outlet just north of the northernmost pond. The applicants propose to fill the two northernmost ponds and to enhance the remaining pond as part of the park. The north-south running ditch will be relocated to accommodate the increased width of Cottonwood Road. In terms of wetlands, the applicant's #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 5 consultant has indicated that all wetlands are jurisdictional and will be reviewed by the Army Corps of Engineers. All required permits must be obtained as noted in the conditions of approval/code provisions. Please refer to the wetlands report in Book 1, Section B and the most recent letter dated 4.24.06 from Barbara Vaughn for additional information. B. Floodplains. A floodplain analysis report was conducted and is included in the applicant's Design Report (Book 2, Section H,Appendix 10). The subject property is located in Zone X and is therefore not within a FEMA jurisdictional floodplain. However, as noted in the conditions of approval, the 100-year floodplain must be delineated for Baxter Creek along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots,minimum floor elevations for any structures on the lots shall be specified. The delineation must be based on post development conditions for the area within the drainage basin. C. Groundwater. Groundwater levels for the subject property range from approximately 9.5 to 0.63 feet below the surface. Due to the high water table, the applicant's have indicated that basements will not be permitted within the subdivision. Additional details regarding groundwater are included in the applicant's Design Report (Book 2, Section H, Appendix 7). Staff has also included a condition of approval (see Condition 9). D. Geology- Soils - Slopes. There are no apparent or unique significant geological features or steep slopes on this property. As noted two of the three artificial ponds will be filled. Additional information regarding soils can be found within the wetlands report in Book 1, Section B. E. Vegetation. Part of the subject property has recently been used as a tree farm. The applicants have attempted to save and relocate many of the existing trees. There is also significant vegetation along the wetlands, ditches, streams, and Farmer's Canal. Again, much of this vegetation will be saved as an amenity to the proposed parkland. The Wetlands Report (Book 1, Section B) includes a general map that shows existing significant vegetation. Also, terms of annexation require the Annexation Agreement to include the following language: "Existing mature vegetation shall be saved and relocated within the subject property,to the maximum extent feasible."This language is reiterated in Condition 1. F. Wildlife. The applicant submittal materials indicate the presence of avian species,waterfowl, white-tailed deer, gopher, ground squirrel, least chipmunk, and vole. No endangered species were known to have habitats on the property. See the proposed covenants in Book 1, Appendix A. Fish, Wildlife, and Parks must be contacted regarding the ditch relocation and any required permits must be obtained prior to Final Plat approval as noted in the Code Provisions. G. Historical Features. As part of the annexation, the City Commission included a term that the annexation agreement must include the following language: "The existing barn shall be maintained in its current location and incorporated into the new site design. If the barn is not able to be incorporated into the new site design, it shall be relocated within the project boundaries. If a structural report by a professional engineer indicates that the barn is not feasible to relocate, the developer will be required to complete #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 6 a Montana Historic Property Record Form for review by the local and State Historic Preservation Office (SHPO)." SHPO has reviewed the preliminary plat proposal and has provided a letter that states that the Niebel Homestead was a previously recorded historic site; however since it has been altered, it is not eligible for National Register listing. The letter also states that a cultural resource inventory is unwarranted at this time. If any materials are discovered during construction, the applicants must contact the City Historic Preservation Office and the State Historic Preservation Office as noted in the conditions of approval. See Book 2, Section G for a copy of the SHPO letter. See Condition 2. H. Agriculture. The majority of the site (65 acres) is used for hay production and a small portion (6.5 acres) is used for livestock grazing. The property to the east and west is also used for agriculture. The property to the south is residential and the property to the north is commercial. The fence to the south will be maintained by an agreement between both property owners. I. Agricultural Water User Facilities. Again,the Farmer's Canal is located along the southern portion of this property within the proposed parkland. New culverts will accommodate the Cottonwood Road improvements. The Farmer's Canal Company has been notified of the proposed subdivision, yet has not provided comments as of the date of this report. The north-south irrigation ditch will be relocated; however the size and capacity will not change. J. Water and Sewer. An engineering design report has been provided that demonstrates that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exist to serve the proposed subdivision. The Design Report can be found in Book 2,Appendix H. K. Stormwater Management. The stormwater management is also addressed in the Design Report in Book 2, Appendix H. Runoff will be routed through detention systems to facilitate sediment and contaminant removal prior to discharge into any watercourse. If the variance is not granted to allow stormwater to discharge into the Farmer's Canal, or if the applicant does not receive permission from the Farmer's Canal Company, then the southern stormwater will be piped to the northern detention pond and then released into Baxter Creek. The Master Utility Plan shows contours, arrows, and stormwater facilities. L. Streets, Roads and Alleys. Huffine Lane (a principal arterial) and Cottonwood Road (also a principal arterial) are directly adjacent to the subject property. This proposal includes two connections to Cottonwood Road (Loyal Drive and Alpha Drive) and one right-in, right-out connection to Huffine Lane (Advance Drive). Loyal Drive, Alpha Drive, and Triumph Drive connect to the west along with three additional pedestrian and open space connections. A paved path will be provided along Huffine Lane and connected to the internal trail system. Cottonwood Road would be improved to half of a 120-foot right-of-way including a 10-foot bike/pedestrian trail, an 8-foot boulevard, and 8-foot parking lane, a 12-foot driving lane, and an 11-foot driving lane. When the property to the east develops, the other half of Cottonwood will be constructed. Street sections are included in Book 1, Section L. All alleys are proposed to be paved. All streets and alleys will be dedicated City right-of- way. A Revised Traffic Impact Study was submitted with the addendum (see black notebook). No #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 7 additional arterials or collectors are noted for this property in the Transportation Plan. The applicants have indicated that natural features (Farmer's Canal) and existing residential land uses are not favorable for a street connection to the south. M. Utilities. The applicants have included letters and emails from Northwestern Energy, Qwest, and Bresnan Communications (see Book 2,Appendix G). N. Educational Facilities. Gary Griffith, Director of Facilities Bozeman School District #7, has provided a letter stating the existing bus system can accommodate the additional students generated by this subdivision (see Book 2,Appendix G). O. Land Use. This proposal includes 139 single/two-household residential lots, 15 mixed multiple household residential/office lots. The property is designated as "Residential"in the Bozeman 2020 Community Plan. 25 restricted size units on 5000 square foot restricted size lots are proposed along withl0 multiple household restricted size units on one lot. The RSLs and RSUs are a mix of single household detached and multiple household attached units and scattered throughout the subdivision as requested by the Community Affordable Housing Advisory Board. P. Parks and Recreation Facilities. The Parks Master Plan is provided in Book 1, Section P. 10.5 acres of dedicated parkland are located along the Farmer's Canal and along Cottonwood Road. A formal playground and park is proposed for the southwest corner of the property (see Noah's Park) while the eastern park is designed as a more natural area with the ponds, wetlands, ditch, existing mature vegetation, benches, and trails. The Recreation and Parks Advisory Board has reviewed the proposal and recommended several comments including support for the proposed parkland including: support for a credit toward a adjacent subdivisions; support for the proposed variance; and the need for a redesigned trail crossing at Alpha Drive; and a relocated trail out of the Baxter Creek setback. Parkland will be maintained by the Homeowner's Association until a city wide parks maintenance district is formed. Q. Neighborhood Center Plan. As this project is greater than ten acres in size, a neighborhood center is required. The applicants proposed that the park be the center. The proposal describes amenities such as: 100 percent street frontage; enhanced pond; trails and bridges; and seating areas. The Parks Plan covers the Neighborhood Center Plan. R. Lighting Plan. The most up to date lighting plan is in the Addendum (black notebook). Street lights are proposed along all the local streets with special accent street lights at the main subdivision entrances. The applicants propose that the developer install the entrance lights and that a Special Improvements Lighting District(SILD) be created for the remainder of the lights. S. Miscellaneous. This subdivision will not affect access to any public lands and there are no known health or safety hazards. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 8 STAFF FINDINGS/REVIEW 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 at the end of this Staff Report. A. Effects on agriculture, agricultural water user facilities, local services, the natural environment,wildlife and the wildlife habitat, and public health and safety. The property is currently utilized for agriculture but has been approved for a Growth Policy designation of"Residential." Municipal water, sewer, roads and emergency services will be provided to the property. The subdivision must be designed to ensure adequate water, sewer, and street capacity exist to support the proposed densities and uses. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: (a) The Final Plat must be in compliance with all requirements of Chapter 18.06 "Review Procedures for Subdivisions"including that the Final Plat must be submitted within three (3) years of City Commission approval for major subdivisions. (b) Section 18.42.060.B requires all easements to be described, dimensioned and shown on the Final Plat in their true and correct location. (c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected plan including both existing and proposed street lights shall be submitted for review and approval prior to the contracting, creation of an SILD, and installation of any lights. All of the lights, including the bollard lights, shall conform to City's requirements for cut-off shields. All subdivision lighting shall be operated and maintained through the creation of a new SILD #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 9 (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. Required street lights must be installed or financially guaranteed prior to building permit approval. Occupancy requests will not be approved prior to City Commission acknowledgement of the SILD. (d) 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. (e) In reference to the warehouse, Section 18.60.010.13 requires that whenever a lawful nonconforming use of a building, structure, or land is discontinued for a period of 90 days, any fixture use of the building, structure, or land shall be in conformity with the provisions of this title. (f) 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. (g) The Final Plat must be in compliance with all requirements of Section 18.78.070 "Final Plat,"including,but not limited to the following items: i. 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. ii. 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'/2-inch floppy disk or compact disk;and five (5) paper prints. (h) 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 retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the Stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 10 subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plans for each lot. (i) Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. (j) 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 residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. (k) The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. (1) The Montana 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 Final Plat approval. (m)Ditch relocation: i) The Montana Fish,Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404,Turbidity exemption, etc.) shall be obtained prior to FSP approval. ii) The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. (n) Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. (a) Project phasing shall be clearly defined including installation of infrastructure. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report it (p) The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. (q) 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. (r) 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. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and City Commission hearings have been properly noticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All existing and proposed utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel All lots within the subdivision will have direct access to dedicated public streets. 18.66.070 SUBDIVISION VARIANCES 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. With the application, two variances are requested. The first is from Sections 18.42.060.D.4 and 18.42.080.C, to allow stormwater to discharge into an agricultural water user facility/irrigation ditch.The second variance is from Section 18.44.080 "Sidewalks" to allow paved trails as a substitute for sidewalks in parkland where a standard sidewalk and a trail would be in close proximity to one another. 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. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 12 The DRC supports the variance to allow stormwater to discharge into the irrigation facility only if proper written permission is obtained from the Farmer's Canal Company as noted in the conditions of approval. If the variance is not approved by the City Commission or if the variance is approved, but written permission is not obtained,the stormwater will be piped to a detention facility, treated in the detention basins, and discharged into Baxter Creek as allowed by the UDO. Staff does not believe that granting this variance will be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties as the stormwater will be routed through onsite detention systems to facilitate sediment and contaminant removal prior to discharge and because there is a surface water connection between Baxter Creek and the irrigation facilities/ditches anyway. The DRC does not support the variance to allow paved trails in lieu of sidewalks along narrow portions of the parks. As noted Condition 30, "City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be combined into one facility that is 10 feet wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 feet from the right-of-way." This will eliminate the need for the variance and eliminate the duplication of pedestrian facilities in a narrow area,but still allow for a year round usable surface for both pedestrians and bicyclists. 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. Again, because the water is treated and because there is a surface water connection between Baxter Creek and the irrigation facilities/ditches anyway, Staff is willing to support the variance; however, the applicant does need to obtain written permission from the Farmer's Canal Company. The narrow park areas were largely the choice of the applicants. Staff does not see any undue hardships to warrant not constructing sidewalks. With Condition 30, there is no need for this variance. 3. The variance will not cause a substantial increase in public costs. Neither variance would cause a substantial increase in public costs. 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. With the conditions outlined by the DRC, the first variance will not be in direct conflict with other provisions of the UDO or with the Bozeman 2020 Community Plan. With the conditions outlined by the DRC, the second variance is not necessary. PUBLIC COMMENT One (1) letter has been provided to the Planning Office. The letter opposes the variance to allow trails in lieu of sidewalks along certain park frontages. Any public comments received after the date of this report will be distributed at the public hearing. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 13 RECOMMENDED CONDITIONS OF APPROVAL The recommended conditions of approval do not include code requirements identified in the Staff Findings. Mandatory compliance with the explicit terms 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, 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 applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not,in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The Development Review Committee 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: Conditions of Approval: 1. Existing mature vegetation shall be saved and relocated within the subject property, to the maximum extent feasible. 2. The existing barn shall be maintained in its current location and incorporated into the new site design. If the barn is not able to be incorporated into the new site design, it shall be relocated to a within the project boundaries. If a structural report by a professional engineer indicates that the barn is not feasible to relocate, the developer will be required to complete a Montana Historic Property Record Form for review by the local and State Historic Preservation Offices prior to disassembly. 3. Should and cultural materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office must be contacted immediately. 4. The existing warehouse and residence shall either be connected to municipal water and sewer upon annexation of the property and availability of service, or removed from the property. The barn shall also be connected to municipal water and sewer if converted to a use which requires services. 5. The proposed lift station shall be relocated to be south of the large detention pond and orchard. If the lift station is proposed within an Entryway Overlay District, it shall be subject to the Bozeman Design Objectives Plan and must be reviewed and approved by Administrative Design Review Staff prior to construction. 6. A declaration of the most recent covenants,with the corrections outlined by Staff, must be included and recorded with the Final Plat. 7. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases,water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 14 8. The dedicated parkland shall be identified as "Public Park" on the final plat and the common open space access strips and pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and maintenance of these areas, which will ensure usability for the homeowners and general public. 9. 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 Permit. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 10. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. 11. The west half of Cottonwood Road including any required utility extensions shall be constructed along the frontage of the subdivision including tapers meeting AASHTO requirements to transition back to the existing road width. Any signalization, geometric or other offsite improvements identified in the TIA for the project shall be completed as well. All improvements to Cottonwood Road and Huffine Lane shall be completed in their entirety with Phase 1 of the development. 12. A one-foot "No Access Strip" shall be shown on the plat along the entire lot frontage of Huffine Lane and Cottonwood Road. 13. Sewer and water main stubs shall be provided across Cottonwood on both the north and south end of the subdivision for future extension to serve the properties to the south and east. 14. The subdivision shall be fed from at least two separate offsite connections to the existing municipal water system. 15. The master planned 12-inch water main shall be installed along the entire north south frontage of the subdivision. Routing it through the subdivision as shown is acceptable. 16. The water main in the Huffine right-of-way shall be extended to the western boundary of the subdivision. 17. The sewer shall connect to the existing system on the extension of Yellowstone Avenue as shown in the master plan. The Huffine crossing shall be made with the master planned 12-inch gravity main, not the proposed force main. 18. The sewage lift station should be located as far as practical from building sites to minimize odor or noise complaints. The lift station shall be sized to collect the area that cannot gravity feed to the connection on Yellowstone. The final service area for the lift station shall be reviewed and approved by the City Engineer as part of the design report. 19. The lift station shall include a SCADA system compatible with the City's existing system. An autodialer will not be acceptable. The lift station shall also include backup power capable of running #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 15 the entire station including both pumps. A wet well/dry well type station will not be acceptable. It shall be a wet well configuration with submersible pumps. 20. The lift station shall be located outside of the Baxter Creek 100-year floodplain. 21. Year round paved access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city,or contained within easements. 22. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 23. Any air relief valves on the sewer force main shall be accessible by the City's flusher truck. This may require turnout(s) to be constructed at the location of the valves. 24. An access permit shall be obtained from MDT for the street connecting to Huffine Lane. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the state right of way. 25. The 100-year floodplain shall be delineated for Baxter Creek along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. The delineation must be based on post development conditions for the area within the drainage basin. 26. The variance requested to discharge subdivisions stormwater from the detention ponds to irrigation facilities is not supported by staff unless written permission is obtained from the ditch company. 27. All improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat for each phase. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation of the TIS and for all improvements along Huffine Lane. 28. The drive access onto Cottonwood between Alpha Drive and Huffine Lane shall be eliminated unless the information required by section 18.44.090.1-1 of the Unified Development Ordinance to grant a deviation is provided to and approved by the City Engineer. 29. Reciprocal access and parking easements shall be provided for Lots 1,2,and 3 of Block 1. 30. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be combined into one facility that is 10 feet wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander),but at the furthest, shall be no more than 15 feet from the right-of-way. #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 16 31. Main extensions may be required into the larger multifamily lots rather than the multiple services that are preliminarily proposed. Final review and approval will be completed with the infrastructure design reports. 32. The proposed alignment for the municipal utilities along Huffine shall be submitted for review and approval with the infrastructure design reports. 33. Public street intersection sight triangles including the medians shall be free of plantings which at mature growth will obscure vision within the sight triangle. Maintenance of the medians shall be the responsibility of the homeowners association. 34. All sanitary and storm manholes shall be located outside the limits of the proposed roundabouts and medians. No trees shall be planted within 10 feet of any of the proposed municipal utilities. 35. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall be included in the infrastructure design report. 36. The Alpha Drive pedestrian/bicycle crossing must be revised and is subject to review and approval by the Planning Department. 37. Credit for excess parkland or affordable housing may only be applicable for a directly adjacent subdivision (not a subdivision across Huffine Lane or Cottonwood Road). #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 17 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 determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Monday, May 22, 2006 hearing which begins at 7 pm. The Planning Board Resolution #P-06014 and minutes from the Planning Board's meeting will be forwarded to the City Commission and made a part of the Commission's record. BECAUSE THIS APPLICATION IS FOR A SECOND OR SUBSEQUENT MINOR SUBDIVISION, THE BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN 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: PB Minutes from January 4, 2006 City Commission Minutes from January 17,2006 RPAB Comments CAHAB Comments Public Comment (1) Applicant Submittal Materials for Minor Subdivision Preliminary Plat: -Book 1 -Book 2 -Addendum (*Note addendum has most u.p-to-date plans) Mailed to: Covenant,LLC,D. Madill,P.O. Box 11428,Bozeman, MT 59719 Intrinsik Architecture, 428 East Mendenhall Street,Bozeman, MT 59715 TD&H, Inc., 215 W. Mendenhall, Suite C-1,Bozeman MT 59715 #P-06014 Loyal Garden Major Subdivision Preliminary Plat Staff Report 18 r- 1 < 1 , x 3 - k 3 3t g IT W P LEI ; .:. < , }4 A� RESOLUTION #P-06014 ^ FT RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING CONDITIONAL APPROVAL OF THE MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION#P-06014, WITH VARIANCES,TO SUBDIVIDE APPROXIMATELY 75 ACRES, LOCATED SOUTHWEST OF THE CORNER OF HUFFINE LANE AND COTTONWOOD ROAD, TO BE SUBDIVIDED INTO 139 SINGLE AND TWO-HOUSEHOLD RESIDENTIAL LOTS, 15 MIXED MULTIPLE HOUSEHOLD RESIDENTIAL AND OFFICE LOTS,AND THE REMAINING AREA AS PARKS, OPEN SPACES, STREETS,AND ALLEYS. WHEREAS,the City of Bozeman has adopted a Growth Policy pursuant to 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, Covenant,LLC,represented by Intrinsik Architecture and TD&H Engineering, have made application for a Major Subdivision Preliminary Plat that would allow approximately 75 acres to be subdivided into 139 single and two-household residential lots, 15 mixed multiple household residential/office lots,and parks,open spaces,streets,and alleys on property preliminarily approved for a mix of municipal zoning designations and legally described as Tract 1 of Certificate of Survey No.24 and all of the parcels of Certificate of Survey No.25,located in the northeast quarter of Section 16,T2S, R5E,PMM, Gallatin County,Montana.;and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Planning Board held a public meeting on Tuesday,May 2, 2006,to receive and review all written and verbal testimony on the request for said Major Subdivision Preliminary Plat Application;and WHEREAS,Staff introduced the project,noted the variances,presented the Staff Report,and went over the recommended conditions of approval;and WHEREAS,the applicant's representatives presented the project and stated that they were in agreement with Staff conditions;and WHEREAS, one member of the public asked questions about access and current site work; and WHEREAS, a member of the Gallatin Valley Land Trust and the Recreation and Parks Advisory Board commented on the pedestrian and bicycle circulation system;and WHEREAS, the Planning Board asked questions of Staff and the applicant related to the variances,access,landscaping,lift station,traffic,buffers,floodplains,stream setbacks,groundwater;and WHEREAS,both Staff and the applicant's representatives responded to the Planning Board's questions;and WHEREAS, the City of Bozeman Planning Board reviewed the application against the Loyal Garden Major Subdivision Preliminary Plat, #P-06014 1 requirements of the Montana Subdivision and Platting Act, and found that the Minor Subdivision Preliminary Plat Application would comply with those requirements with the recommended conditions of approval. NOW,THEREFORE,BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote of 8 to 0,recommends that the Major Subdivision Preliminary Plat Application with the variance for stormwater,but not the variance for sidewalks,to subdivide approximately 75 acres into 139 single and two-household residential lots,15 mixed multiple household residential/office lots,and parks,open spaces,streets,and alleys on property legally described as Tract 1 of Certificate of Survey No.24 and all of the parcels of Certificate of Survey No.25,located in the northeast quarter of Section 16,T2S,RSE, PMM, Gallatin County, Montana,be approved with the following conditions and code provisions: Conditions of Approval: 1. Existing mature vegetation shall be saved and relocated within the subject property, to the maximum extent feasible. 2. The existing barn shall be maintained in its current location and incorporated into the new site design. If the barn is not able to be incorporated into the new site design,it shall be relocated to a within the project boundaries.If a structural report by a professional engineer indicates that the barn is not feasible to relocate,the developer will be required to complete a Montana Historic Property Record Form for review by the local and State Historic Preservation Offices prior to disassembly. 3. Should and cultural materials be inadvertently discovered during construction of this project, the State Historical Preservation Office(SHPO)and the Bozeman Historic Preservation Office must be contacted immediately. 4. The existing warehouse and residence shall either be connected to municipal water and sewer upon annexation of the property and availability of service,or removed from the property.The barn shall also be connected to municipal water and sewer if converted to a use which requires services. 5. . If the lift station is proposed within an Entryway Overlay District,it shall be subject to the Bozeman Design Objectives Plan and must be reviewed and approved by Administrative Design Review Staff prior to construction. 6. A declaration of the most recent covenants,with the corrections outlined by Staff,must be included and recorded with the Final Plat. 7. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases,water rights will only be required for each phase as the final plat for that phase is filed.The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 8. The dedicated parkland shall be identified as"Public Park"on the final plat and the common open space access strips and pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and maintenance of these areas,which will ensure usability for the homeowners and general public. Loyal Garden Major Subdivision Preliminary Plat, #P-06014 2 9. 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 Permit.The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 10. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. 11. The west half of Cottonwood Road including any required utility extensions shall be constructed along the frontage of the subdivision including tapers meeting AASHTO requirements to transition back to the existing road width. Any signalization, geometric or other offsite improvements identified in the TIA for the project shall be completed as well. All improvements to Cottonwood Road and Huffine Lane shall be completed in their entirety with Phase 1 of the development. 12. A one-foot"No Access Strip" shall be shown on the plat along the entire lot frontage of Huffine Lane and Cottonwood Road. 13. Sewer and water main stubs shall be provided across Cottonwood on both the north and south end of the subdivision for future extension to serve the properties to the south and east. 14. The subdivision shall be fed from at least two separate offsite connections to the existing municipal water system. 15. The master planned 12-inch water main shall be installed along the entire north south frontage of the subdivision. Routing it through the subdivision as shown is acceptable. 16. The water main in the Huffine right-of-way shall be extended to the western boundary of the subdivision. 17. The sewer shall connect to the existing system on the extension of Yellowstone Avenue as shown in the master plan.The Huffine crossing shall be made with the master planned 12-inch gravity main, not the proposed force main. 18. The sewage lift station should be located as far as practical from building sites to minimize odor or noise complaints. The lift station shall be sized to collect the area that cannot gravity feed to the connection on Yellowstone.The final service area for the lift station shall be reviewed and approved by the City Engineer as part of the design report. 19. The lift station shall include a SCADA system compatible with the City's existing system. An autodialer will not be acceptable.The lift station shall also include backup power capable of running the entire station including both pumps.A wet well/dry well type station will not be acceptable. It shall be a wet well configuration with submersible pumps. 20. The lift station shall be located outside of the Baxter Creek 100-year floodplain. 21. Year round paved access must be provided to the lift station.The access,lift station,and force main must either be on separate lots dedicated to the city, or contained within easements. Loyal Garden Major Subdivision Preliminary Plat, #P-06014 3 22. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance,which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs,successors,and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 23. Any air relief valves on the sewer force main shall be accessible by the City's flusher truck.This may require turnout(s) to be constructed at the location of the valves. 24. An access permit shall be obtained from MDT for the street connecting to Huffine Lane. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the state right of way. 25. The 100-year floodplain shall be delineated for Baxter Creek along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots,minimum floor elevations for any structures on the lots shall be specified. The delineation must be based on post development conditions for the area within the drainage basin. 26. The variance requested to discharge subdivisions stormwater from the detention ponds to irrigation facilities is not supported by staff unless written permission is obtained from the ditch company. 27. All improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat for each phase.No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation of the TIS and for all improvements along Huffine Lane. 28. The drive access onto Cottonwood between Alpha Drive and Huffine Lane shall be eliminated unless the information required by section 18.44.090.11 of the Unified Development Ordinance to grant a deviation is provided to and approved by the City Engineer. 29. Reciprocal access and parking easements shall be provided for Lots 1, 2,and 3 of Block 1. 30. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be combined into one facility that is 10 feet wide and constructed of concrete.The combined walk may vary from the standard location(i.e.meander),but at the furthest,shall be no more than 15 feet from the right-of-way. 31. Main extensions may be required into the larger multifamily lots rather than the multiple services that are preliminarily proposed. Final review and approval will be completed with the infrastructure design reports. 32. The proposed alignment for the municipal utilities along Huffine shall be submitted for review and approval with the infrastructure design reports. 33. Public street intersection sight triangles including the medians shall be free of plantings which at mature growth will obscure vision within the sight triangle.Maintenance of the medians shall be the responsibility of the homeowners association. Loyal Garden Major Subdivision Preliminary Plat, #P-06014 4 of?A 4� 34. All sanitary and storm manholes shall be located outside the limits of the proposed roundabouts an� medians. No trees shall be planted within 10 feet of any of the proposed municipal utilities. 35. A schematic signage plan for the subdivision,noting any proposed traffic calming measures shall be included in the infrastructure design report. 36. The Alpha Drive pedestrian/bicycle crossing must be revised and is subject to review and approval by the Planning Department. 37. Credit for excess parkland or affordable housing may only be applicable for a directly adjacent subdivision (not a subdivision across Huffine Lane or Cottonwood Road). Code Provisions: (a) The Final Plat must be in compliance with all requirements of Chapter 18.06"Review Procedures for Subdivisions" including that the Final Plat must be submitted within three (3) years of City Commission approval for major subdivisions. (b) Section 18.42.060.B requires all easements to be described, dimensioned and shown on the Final Plat in their true and correct location. (c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected plan including both existing and proposed street lights shall be submitted for review and approval prior to the contracting,creation of an SILD,and installation of any lights. All of the lights,including the bollard lights,shall conform to City's requirements for cut-off shields.All subdivision lighting shall be operated and maintained through the creation of a new SILD (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. Required street lights must be installed or financially guaranteed prior to building permit approval. Occupancy requests will not be approved prior to City Commission acknowledgement of the SILD. (d) 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. (e) In reference to the warehouse,Section 18.60.010.D requires that whenever a lawful nonconforming use of a building, structure, or land is discontinued for a period of 90 days, any future use of the building, structure, or land shall be in conformity with the provisions of this title. (f) 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. (g) The Final Plat must be in compliance with all requirements of Section 18.78.070 "Final Plat," including,but not limited to the following items: Loyal Garden Major Subdivision Preliminary Plat, #P-06014 5 i. 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. ii. 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'/2-inch floppy disk or compact disk;and five (5) paper prints. (h) 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 retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information(particularly for the basin site,drainage ways and finished lot grades),typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision(e.g.,general lot runoff,public or private streets,common open space, parks,etc.)shall not be located on easements within privately owned lots.While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plans for each lot. (i) Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street,prepared by a Professional Engineer,shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification,and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. (j) 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 residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision,any lot owner who has not constructed said sidewalk shall,without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. (k) The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. Loyal Garden Major Subdivision Preliminary Plat, #P-06014 6 (1) The Montana 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 Final Plat approval. (m)Ditch relocation: i. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior to FSP approval. ii. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. (n) Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. (o) Project phasing shall be clearly defined including installation of infrastructure. (p) The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. (q) 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. (r) 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. DATED THIS Day of ,2006,Resolution#P-06014 Andrew C. Epple,Planning Director JP Pomnichowski,President Dept. of Planning&Community Development City of Bozeman Planning Board Loyal Garden Major Subdivision Preliminary Plat, #P-06014 7 F BOZEMAN THE CITY OUESDAY,MAY 2, 2006G BOARD DRArT MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE President JP Pomnichowski called the meeting to order at 8:00 p.m. and directed the secretary to record the attendance. Members Present Staff Present Brian Caldwell Susan Kozub, Associate Planner Randy Carpenter Andrew Epple, Director, Planning and Community Development Mike Hope Carol Schott, Recording Secretary Dave Jarrett JP Pomnichowski Caren Roberty Ed Sypinski Erik Henyon Visitors Present Greg Schatz Chris Ferko Carol Patterson Doug Alexander Gary Tschache Jessica Hansen Bryan Kelsey Dan Alexander Duane Lapinski Carl Solvie Leo Keller Donna Keller Marcia Youngman Ted Lange Rob Pertzborn Camden Easterling ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.) President Pomnichowski called for public comment on any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Hearing none, she closed the public comment portion of the meeting. ITEM 3. MINUTES OF APRIL 18, 2006 President Pomnichowski called for corrections or additions to the minutes of April 18, 2006. Hearing none, she declared the minutes approved as drafted. City Of Bozeman Planning Board Minutes—May 2,2006 t ITEM 4. PROJECT REVIEW DMFT Major Subdivision Prel. Plat Application with variances - #P-06014 - (Loyal Garden). A Major Subdivision Preliminary Plat Application with variances requested by the property owners, Covenant, LLC,represented by TD&H, Inc. and Intrinsik Architecture, to allow the subdivision of approximately 75 acres into 139 single and two-household residential lots, 15 mixed multiple household residential and office lots,parks, open spaces, streets, and alleys. The property is legally described as Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, located in the NE t/4 of Section 16, T2S, R5E, PMM, Gallatin County, Montana. The property is still in the Gallatin County Bozeman Area Zoning District, but has been approved for annexation to Bozeman City Limits with a mix of zoning designations including R-1, R-2, R-3, R-4 and R-O. (Kozub) Associate Planner Susan Kozub presented the staff report, described the variances requested, noted certain conditions, and the Staff recommendation of conditional approval. She also noted one letter has been received in opposition to the sidewalk variance. Rob Pertzbom, Intrinsik Architecture and applicant's representative, introduced several members of the design team. He described the proposal briefly. President Poinnichowski OPENED THE MEETING FOR PUBLIC COMMENT. Leo Keller, 3599 Cottonwood Road, asked if there would be an access onto Cottonwood Road from the new subdivision, why are they already working there when the plan hasn't been approved, and if they are on city services. Ted Lang, GVLT, commented on the trails in the proposal, noting they offer potential for future connections. He noted the main changes GVLT would like to see are listed in his handout, which was distributed. He noted GVLT generally supports trails instead of sidewalks in certain circumstances, such as these proposed. He described their preference for trail widths of 10 feed and the rationale for that recommendation. President Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. Planner Kozub described and indicated on the plat the accesses for the development. She noted the subdivision will have full City services. She referred the question of the current work being done to the applicant. Mr. Pertzbom noted they moved the evergreens early in the spring and scattered they along Huffine Lane. Timing was critical for moving the trees and the stream. Mr. Caldwell asked the applicant if conditions#5 and#18 could be both satisfied. Mr. Pertzbom explained their rationale for locating the lift station next to Huffine Lane. Planner Kozub noted regardless of its location, it would be near some residential units. City Of Bozeman Planning Board Minutes—May 2,2006 2 UHAFT Mr. Hope asked what percentage of the traffic will take the right turn onto Huffine Lane. Keith Waring, TD &H,referred to the traffic study. He stated the traffic engineer had changed the percentages following a concern of City Engineering Staff. Mr. Hope asked if the traffic from the adjacent subdivision had been included in the counts for the Loyal Garden Subdivision. Director Epple noted these counts would be included in a future development's traffic impact analysis. Mr. Carpenter asked if there was a buffer between the linear park and Cottonwood Road. Planner Kozub noted there were existing plantings along the stream/ditch corridor. She also noted the City is not the owner of the ditch. Mr. Carpenter asked when the signalization improvements would be made, and who will pay for them. It was noted that this developer will pay for them and the signals will be installed with the improvements. Mr. Waring noted that First Security Bank has signed a waiver of right to protest the signalization improvements. Methods of paybacks were discussed. Mr. Carpenter asked why the DRC would recommend concrete for the trails. Planner Kozub noted it is only for the trails in lieu of sidewalks that are required to be concrete. She noted the trail and sidewalk would be combined only in the narrower areas. Mr. Carpenter asked if anyone has considered lighting trails. Mr. Pertzborn noted he has considered the idea, but hasn't made that decision as of yet. He noted it will be a meandering sidewalk/trail with a boulevard of changing widths. Mr. Henyon asked for a statement of the hardship for the second variance requested. He noted with the improvements, the level of service at peak hours is level D. Mr. Waring explained the differences in Level C and Level D classifications. Planner Kozub stated Staff doesn't feel there is a hardship and the variance isn't justified. Mr. Henyon asked how the street would be constructed. Mr. Pertzborn described the street section. Mr. Caldwell suggested they rethink the street name for Destiny Drive. Mr. Jarrett asked if the applicant had any issues with any of the conditions. Mr. Pertzborn noted they have none to argue tonight. He noted they have held discussions with the City regarding the Cottonwood access between the R-O lots. President Pomnichowski asked if a floodplain delineation had been completed. Mr. Waring noted it has been completed. He described the water inlets and flooding potential. President Pomnichowski clarified that the flooding of the ditch/stream has historically stayed within the ditch banks. She noted there is a 50 foot setback along Baxter Creek. Mr. Waring noted that the existing building lies within the setback. Planner Kozub noted the lot contains the stream setback. She noted that through the review of development of the large lot, new structures would not be permitted within the setback. President Pomnichowski asked why a relaxation wasn't requested. Director Epple noted the issue isn't included in the UDO. President Pomnichowski asked if all the permits were in hand for working on the stream/ditch. Mr. Pertzborn noted the permits have been granted. Mr. Waring noted the ditch/stream channel will carry as much or more water than in the past. President Pomnichowski asked if the applicant's had a problem with the condition preventing basements within the subdivision. Mr. Pertzborn noted they did not and it will be a plat notation. President Pomnichowski asked for Staff s position on the placement of the lift station. Planner Kozub discussed Staffs rationale on requiring the lift station to be located further to the south away from the major entryway corridor. President Pomnichowski asked if a fire station would be located within the subdivision. Planner Kozub noted there was no discussion to that effect during DRC. President Pomnichowski noted she was glad to see that Golden Gate Street did not intersect with Huffine Lane. She asked if there was a need for a waiver of right to protest the maintenance of the City Of Bozeman Planning Board Minutes—May 2,2006 3 lift station. Planner Kozub noted Engineering Staff felt conditions covered the concerns. President Pomnichowski noted she didn't see the hardship for the second variance requested and she appreciated that the variance was eliminated due the combination of the trail and sidewalk. She asked when the Huffine Lane/Cottonwood Road intersection improvements would be completed. Planner Kozub noted they would be done with the first phase and referred to the conditions. President Pomnichowski asked if the permit has been obtained. Mr. Waring noted they have submitted a letter for the permit,but he was unsure it was in hand yet. He noted the signalization of Huffine Lane/Cottonwood Road has to be approved by MDT. He stated he felt the permit would be obtained within a few weeks. Mr. Waring noted MDT has given verbal approval to the preliminary design and TD &H is accumulating the materials to apply for the actual permit. President Pomnichowski recommended that the intersection improvements be done at the beginning of the development of the first phase. Planner Kozub noted the code provisions listed on page 10 of the Staff Report. Mr. Henyon noted his concern is that MDT might determine the left turn signal isn't warranted; however, he felt the signal is needed immediately. Mr. Waring noted the decision will be made by MDT. He noted there is a dedicated left turn lane for both North and South Cottonwood Road. Mr. Pertzborn asked for comment from the Board on the detention pond. Mr. Henyon stated he would rather let the engineers determine where the lift station would be located. President Pomnichowski noted the first variance requested has an either/or statement. She noted she supported the first variance request. MOTION: President Pomnichowski moved, Mr. Henyon seconded, to change the last sentence in condition#9 to read, "The final plat shall include a notation that due to high ground water conditions full or partial basements or crawlspaces are not permitted." Mr. Jarrett noted he would not support the motion. Mr. Caldwell noted the recommended condition is adequate as the foundation design can be achieved. Mr. Henyon noted he might have a problem with including crawl spaces in the restriction. Mr. Hope noted he would leave it up to the expertise of staff and he wouldn't support the motion. Mr. Jarrett noted the notation would be placed on the plat and the Building and Engineering Departments would be involved in the review and approval of any proposed crawl space or basement. He noted he has two homes with basements below the ground water and they are dry and livable. MOTION: President Pomnichowski moved, Mr. Henyon seconded, to amended the motion to delete sentence#1 in condition#9. The motion with the friendly amendment failed on a 1-7 vote with President Pomnichowski voting for it and the rest of the Board against. MOITION: Mr. Jarrett moved, Mr. Henyon seconded, to eliminate the first sentence in condition #5. Mr. Henyon noted he was comfortable that the project engineer's decision was best. The motion carried 8-0. Ms. Roberty asked the minutes reflect that the Board supported the idea that stormwater discharge into the irrigation facility. City Of Bozeman Planning Board Minutes—May 2,2006 4 MOTION: Mr. Jarrett moved,Mr. Caldwell seconded, to recommend approval of application#P- 06014 with Staff conditions as amended. The motion carried 8-0. Q ITEM 5. OLD BUSINESS DRAFT Mr. Jarrett recommended that the Board push the City Commission to get the UDO revisions through their review and get them codified. Director Epple noted the City Commission completed their work on the last recommended revisions at the last meeting, and staff is now preparing the ordinance and Staff Report for formal review and hearings. Mr. Hope thanked Director Epple for the traffic memo. He predicted that Cottonwood Road and Huffine Lane will be a disaster in 5 to 8 years. He stated there has to be a better way to do the street improvements. Mr. Henyon noted it seems the traffic issues always point to MDT. He stated the City needs to get aggressive with MDT and get the traffic issues resolved before they are problems. Director Epple stated there are indeed traffic issues, and that City Engineering and MDT are always interested in constructive comments on improvements. Mr. Henyon noted traffic is a"train wreck" in and around Bozeman. President Pomnichowski reported that at the TCC meeting specific projects were discussed, not the area as a whole. Mr. Hope noted when he gets bogged down in his business, he finds a better way to do it. He stated he felt there is a better way to handle traffic in Bozeman. He stated he wants the Planning Board to be involved in finding solutions to traffic issues. President Pomnichowski noted that the City is behind in making traffic improvements. She stated she felt every intersection should be operating at a Level C or better; however, there has to be a better way to get those improvements than currently being used. Mr. Jarrett stated 99% of the time the City reacts to issues rather than being proactive. He noted all developers don't have the wherewithal to do the improvements. Mr. Carpenter noted he felt the Transportation Plan is a good document. He stated he didn't feel traffic was a train wreck. Mr. Henyon noted the study completed last year indicated that traffic was the number 1 issue for citizens of Bozeman. Mr. Caldwell noted without MDT to control the construction of state and federal highways, there would not be any of those highways. Mr. Henyon noted any intersection without right and left hand turn lanes are dangerous. Discussion ensued on how to improve intersections for safety issues. Mr. Hope noted he would like to look at the bigger picture of a development and the improvements required to be completed prior to the first home or business being constructed. Director Epple reported on the projects City Commission approved at the last meeting using Impact Fee money towards the cost of making those improvements for the betterment of the City. Mr. Hope noted the Board can make decisions to move traffic more smoothly. President Pomnichowski reported on the joint City/County Planning Board meeting. She noted four members from each Board will meet to determine what the City and County Comrnissions have expressed they want to jointly accomplish and how the Boards can facilitate those actions. City Of Bozeman Planning Board Minutes—May 2,2006 5 ITEM 6. NEW BUSINESS 1-"°7- President Pomnichowski announced a special meeting for a UDO amendment to allow a new Neighborhood Mixed Use Zoning District and ideas for fine tuning City policies. The meeting will be noticed as a special meeting on May 10, 2006 at the Courthouse; therefore there will be no issues with a quorum attending. Mr. Caldwell noted he has an electronic version of the material from Ms. Youngman and would share it with all members. ITEM 7. ADJOURNMENT There being no further business to come before the City of Bozeman Planning Board, the meeting was adjourned at 9:55 p.m. Andrew Epple, Director JP Pomnichowski,President Planning and Community Development City Of Bozeman Planning Board City Of Bozeman Planning Board Minutes—May 2,2006 6 Board of Appeals Liaison Becker Bicycle Advisory Board Liaison Krauss Cemetery Board Liaison Rupp City-County Board of Health Member Y Y City Planning Board Member Kirchhoff �.� Community Affordable Housing Liaison Becker, Youn (A) Community Alcohol Coalition Liaison CDBG Economic Development Liaison Jacobson Design Review Board Liaison Kirchhoff Downtown Improvement District Board Liaison Jacobson Downtown Business Improvement District Liaison Jacobson Fire Board of Appeals Liaison Becker Gallatin Development Corporation Liaison Jacobson Historic Preservation Advisory Board Liaison Impact Fee Advisory Committee Becker InterNeighborhood Council Liaison Rupp, Krauss, and Youman (A) Library Board of Trustees Liaison Krauss, Hiea (A) Local Water Quality District Board Member Kirchhoff Parking Commission Liaison Rupp Pedestrian/Traffic Safety Committee Liaison Jacobson Recreation and Parks Advisory Board Liaison Krauss Senior Citizens' Advisory Board Liaison Rupp Tax Increment Financing Industrial District Board Liaison INACTIVE Transportation Coordinating Committee Member Krauss Tree Advisory Board Liaison Krauss Victim Witness Liaison Kirchhoff Zoning Commission Liaison Becker Mayor Krauss suggested that this be put off till after the pre-application owing to the fact that Kirchhoff was out of the room. It was moved by Commissioner , seconded by Commissioner , that the Pre-application for Loyal Garden Major Subdivision-subdivide 75 acres located at southwest corner of intersection of Huff ine Lane and Cottonwood Road into 156 residential lots (P-05072) Included in the Commissioners' packets was a memo forwarding the pre-application for Loyal Garden Major Subdivision along with comments from the various advisory bodies that have reviewed this application to date. Associate Planner Susan Kozub 75 acres, . Baxter creek begins on the north of this, and the farmers canal is on the southern boundary. The sub pre ap shows 156 lots for single or duplexes, with mixed and higher use towards huffine. RSL is on the western boundary. Kirchhoff suggested that the RSLs be dispersed, mixed in rather than consolodated. The was the ordinance is written, RSL blocks must be created. Owing to the 5,000 sq ft size. One is challenged because of what CAHAB suggests. The recommendation runs up agains the intent of the RSL. He likes the CAHAB recommendation, but has heard that our ordinance is hamstringing us. Susan responed that it wasn't that they were just saying to scatter the RSLs, but look at attached RSLs, around 3.000 sq ft. Flexibility would help. Planning has talked to the affordable housing board as well. Kirchh said that if it had more flexibiltiy such as if it was a PUD. Koz said that a way could be figured out to disperse them out. Kirch said that it's better to have skinnier and deeper lot, then it is more convenient to the RSL. R G�A� C�mrv~v�s s i oin 01 - 7 - PRELIM, I A R' r Koz said that only if there are alleys. She said that the comm could agree with the dispersed lots, or 3,000 sq ft lots, saying the board wanted to see a mix. There are RSL that are proposing as R2 and R3. She thinks there is a way to adjust the open space and still have the required # of RS: Park land, there is a lake on the property that will be anhanced and wetlands as well. The grid system connects to huffine in 2 loc and to cottonwood in 2 loc. For future this layout allows for 3 conn to the west. Kirch asked the appx distance between the connector street. She responded about 600'. Kirch asked what the comm is supposed to do here. He asked if this is an informal, she stated that it's 1 step beyond that. It will be seen again she stated. Koz said that she hasn't had any major disagreements, so comments would be translated into the next step of the prelim plat. The applicant, Rob purtzborne?, representing the applicants. Keith weiring,TDH,lyndsay,matt claire. They have been working on this project 1 year ago, with a committment of excellence from the owner.There was existing 3 ponds dug illegally in the 70s. There are existing roads to deal with, Huff ine, and cottonwood which will have a 120' right of way. There is some grey habitat and wetlands on the west. A tree farm on the property. Fruit trees in the NE corner. They want to create a great neighborhood, preserve critical lands, have significant open space and trails, and buffering.There are 2 trail connections, the farmer canal will make a great parkway. They have planned for a variety of housing and lot types. They will look at the recommendations from CAHAB. Will look for attached housing that meeting the requirements. Engineering has issues with the traffic circles,they are looking at them. This is a more developed plan than a usual pre- ap. Questions for the applicant. Kirchoff asked for feedback on RSLs. There might be ways to do it by pairing units and having attached housing. Rob resonded by noting the attached housing on Advanced drive. Jacob asked about the existing ware house and barn on the property. Rob said that the long term plan is to not leave it on the property. They have to sprinkle, hook to city utilities. All this must be done to the warehouse, it would be only taken away. They don't' think it will stay on the property where it is, they are looking at the option. Kirch asked about retention ponds, bike ponds and buffer easements. When something is designated on a plan as something, is there still a potential for development? R Rob responded that the intention is to dedicate it to the public, the homeowners will still maintian it. Kirch asked about Huffine will not always be the way it is now, and will be well inside the city limits. Due to the development, it will improve, by becoming an interior urban network. It's nice to see grass and trees, but it's more in keeping with an urban environment to see infrastructure, you don't need to fear huffine and the buffer may be excessive. He thinks the roadway will happen around the next 50 years. rob stated that they are finalizing the floodplain study. Baxter creek starts right next to the warehouse. The canal company doens't want stormwater in their canal. The NE will probably in the 100 year floodplain. Jacobson asked about the future extension to the NE and the NW and rob stated that this is so future developers will keep to their strict trails and connectivity. Becker asked about the stuff to the south. Rob said The park space will probably at the end, due to the great spot. The other road is 150' off cottonwood, there are cottonwood trees and there will be issues crossing them. Becker stated his concern with the pullouts on huffine. There is a permit with DOT to put these through and Rob responded that these will probably not betaken away. They are counting on keeping them. Becker asked about a light on cottonwood? PRE!!M1, k Y 01-17-06 . a 1L...L.J1V11NARy Keith TDH, from a study they just received, this development does not forsee a light being necessary. Kirchoff asked about where the transportation plan has a road going. Andy stated that gooch hill is the next one to the west. Kirchoff asked about where the next logical collectors are north and south of th eproject. Andy responed that stucky is the next collector south of huffine. Rob stated that he thinks it's lincoln or garfield. Andy responded that furgueson is on the East a minor arterial, and then cottonwood and gooch hill is about in the middle of th etwo. South, garfiled cuts the property about in half, and lincoln is very near the bottom and stucky is south off th emap. Responding to rupp, Keith said that there won't be a traffic light. He further responded that there is a 120' right of way, and cottonwood will be a 4 land arterial with a 10' bike/pedestrian lane. The property to the east will be required to beuild the rest of that. Rupp commented that they need to work on the RSLs and the RSUs and will be very interested. Looks favorably with the cahab board and smaller lots and the configuration if necessary and take the affordable housing to the next level. Kirchoff brought up the water issues and generally a great design. Notes the 2 roundabouts which have had no discussion. The commission looks favorably on the roundabout when they work. He hopes that these are functional and things go smoothly with the st dept and with maint. Issues: he thinks huffine should be build up more and not a rural highway. He thinks the solution is just that it's emply space and we should not shy away from these transportation routes and that lots of people are happy living along streets. And can be fixed with more insulation. Also thinks we aren't looking at our transportation connectivity and we need some good answers about the 20 year buildout. We have made some mistakes and things have been difficult to move around. There are only 3 n-s streets to move around bozeman. We need to see how it fits into the transportation picture. Krauss said that huffine will be ok, if it becomes a city street. Likes the gridded streets and the west connections and the watersystem work. He thinks they are challenged by the RSLs to integrate. Wants to seethe planning see this and be flexible. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of the neighborhood notice for the meeting for residents and business owners along North rouse Avenue, set for 6:00 p.m. on Wednesday, January 25, at the Senior Center. (2) Letter from Tobacco Free Gallatin providing information on the Clean I ndoor Air Act and its implementation. (3) Notice of the Solid Waste Management District meeting to be held on January 18 along with minutes from the meeting held on December 21, 2005. (4) Agenda for the Solid Waste Management District meeting to be held at 7:00 a.m. on Wednesday, January 18, in Manhattan. (5) Agendas for the County Commission meetings to be held at 9:00 a.m.on Tuesday,January 17, and at 1:30 p.m. on Wednesday, January 18, at the Courthouse. (6) Agenda for the Development Review Committee meeting which was held on January 11. PRELIMINARY 01-17-06 #P-05067. The motion failed on a 5-1 vote with Ms. Stroup voting for the proposal and the rest of the Board voting against it. D. Major Subdivision Pre-Application#P-05072 - (Loyal Garden). An Major Subdivision Pre-Application, requested by the property owner, Covenant, LLC, represented by Intrinsik Architecture and T, D, &H Engineering, to consider the subdivision of—75 into 156 lots, streets,parks, and open space. The property is located southwest of Huffine Lane and Cottonwood Road, is legally described as Tract 1 of COS No. 24 and all of the parcels of COS No. 25, and is situated in the NE'/4 of Section 16, T2S, RSE, PMM, Gallatin County, Montana. (Kozub) Associate Planner Susan Kozub presented the Staff Memo. Mr. Hope asked for Staff s response to CAHAB's recommendation for a mix of units on lots. Planner Kozub explained that CAHAB felt that a better mix of single household dwellings, townhomes, and apartments would allow more truly"affordable" housing options. Mr.Henyon asked where the neighborhood center would be located. Planner Kozub noted the park could meet the criteria in Chapter 18.42.020 (Unified Development Ordinance) but the applicant would have to provide more information with the preliminary plat. Director Epple read a portion of the CAHAB minutes, which state the Board wanted to see a mix of units within the development. He noted that townhouses are generally more affordable than single family units. Rob Pertzbom, applicant's representative, noted the required RSL's are 10% of the development. He noted he was unsure that CAHAB could require the mix. He described the development layout. Mr.Henyon asked if the accesses were restricted. Mr. Pertzborn stated the accesses are right in and right out. Mr. Jarrett asked if there would be roundabouts on the interior intersections. He suggested the applicant not use them. Mr. Pertzborn noted there are two proposed and they will be built to Federal standards. Mr. Jarrett stated unless they are very large they won't work. Mr. Pertzbom noted they are installed for traffic calming. Mr.Hope commended Mr. Pertzbom on the design of the subdivision as it is safer than the one proposed earlier. Vice Chairperson Pomnichowski OPENED THE HEARING FOR PUBLIC COMMENT. Al Lien, 8507 Huffine Lane, noted his ranch is about three-quarters of a mile west of this City of Bozeman Planning Board Minutes—January 4,2006 8 proposal. He asked for the location of the headwaters of Baxter Creek. Mr. Waring indicated the location on the plat. Mr. Lien asked how Farmer's Canal will be handled. Mr. Waring noted it will be relocated, and it will carry the same amount of water that it does now. Mr. Lien noted the headwaters of East Aaker Creek begin in the southwest corner of this property. He noted all dewatering changes and dries out the water table. He discussed changes that have been made to the drainage along Huffine Lane. Vice Chairperson Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE HEARING. Mr.Hope suggested the applicant argue CAHAB's recommendation to provide a mix of RSL's. He noted there is no model that has worked anywhere in the country. He commended the applicant for the proposal design. Mr. Jarrett concurred with Mr. Hope, and he recommended removing the roundabouts and using a different method for calming traffic. Mr. Henyon noted he understood Mr. Lien's concerns with ground water. He noted the area falls within the City's and County's growth policies. He noted most of the development would occur above the ground water. Ms. Stroup noted she was concerned with maintaining the quality and quantity of the surface and ground water. She noted it is difficult to work on a piece by piece basis. Mr. Lien noted there is a limit as to how many housing units can be serviced by the water available to the City. Director Epple noted water usage hasn't increased in the same percentages as the units added to the system. He noted a change in water usage patterns and behaviors have occurred and water rights have increased with each annexation. Mr. Musser asked if there were concerns about safety of having a park along the Farmer's Canal. Mr. Pertzbom noted those issues will be addressed during subdivision. Vice Chairperson Pomnichowski asked where storm water detention areas will be located. Mr. Pertzbom described and indicated the locations. Vice Chairperson Pomnichowski asked why there is only one pond remaining. Mr. Pertzborn noted the Army Corps of Engineers wants them all eliminated,but they are choosing to retain one as a park feature. Vice Chairperson Pomnichowski asked when the floodplain delineation will be ready. Mr. Pertzbom noted they are working on it, and it will be submitted with the preliminary plat application. Vice Chairperson Pomnichowski asked if the bike facility would be a path or lane. Mr. Pertzborn noted it was a path and located off the road. Vice Chairperson Pomnichowski asked about the street widths. Mr. Pertzborn noted the streets into the subdivision will have medians at the entrances. Vice Chairperson Pomnichowski stated the streets need to be public streets. Mr. Waring noted the developer would have to maintain the medians and the City would maintain the street surfaces. Vice Chairperson Pomnichowski noted the RSL's are well located. Mr. Hope noted the warehouse detracts from the proposal and should be removed. City of Bozeman Planning Board Minutes—January 4,2006 9 Vice Chairperson Pomnichowski asked about the signal at Cottonwood Avenue and Huffine Lane, and if it will remain. Mr. Pertzborn noted the signal would be updated following the realignment of Cottonwood Avenue. ITEM 5. OLD BUSINESS Mr. Jarrett asked when the Planning Board and Zoning Commission meetings would go back to Tuesdays. It was noted the meetings in January follow Monday holidays and the February 7tn meeting would be on a Tuesday; however,the February 22nd meeting would be on a Wednesday, again due to a Monday holiday. Mr. Hope asked when the new appointments would be made. Director Epple noted those appointments are scheduled for January 17tn ITEM 6. NEW BUSINESS -None ITEM 7. ADJOURNMENT There being no further business to come before the Board,the meeting was adj ourned at 10:15 p.m. Andrew Epple,Director JP Pomnichowski, Vice Chairperson Planning and Community Development City of Bozeman Planning Board City of Bozeman Planning Board Minutes—January 4,2006 10 Nr ►TC) "V\-1 wV1WS Bozeman Recreation & Parks Advisory Board N!; \. P.O. Box 1230 Bozeman, MT 59771 Subdivision Review PLANNER: Susan Kozub FROM: Subdivision Review Committee SUBJECT: Loyal Garden MEETING DATE: April 14, 2006 COMMENTS: • Loyal Garden is a 75-acre development in the West sector of the City, located at the corner of Huffine and Cottonwood, across from Billion Auto Plaza, bounded on the South by the Farmer's Canal. The proposal is for an estimated 245 housing units, requiring 7.35 acres of park dedication. The proposal has 10.55 acres of qualifying parkland, developer requests credit toward future parkland requirements in planned adjacent project extensions. • Developer further requests a variance to allow the E-W trail through the southern park (Noah's Park) to replace rather than augment a sidewalk along the South edge of Loyal Drive and the southern section of Golden Gate Avenue. • It is unclear in view of the redesign of Golden Gate Avenue(now that it does not go through to Huffine) how the N-S trail will interact with the Baxter Creek setback •, The crossing of this trail at Alpha Drive is discontinuous, creating a safety issue: In our opinion a common use trail will develop, crossing the road diagonally near an intersection. RECOMMENDATION: • We support the request for crediting the surplus parkland toward future adjacent development provided the development is truly adjacent so that the Loyal Garden Parks Susan Kozub From: Caren Roberty[croberty@hrdc9.org] Sent: Tuesday,April 18, 2006 10:56 AM To: Susan Kozub Cc: Sean Becker; John Barkow; Mary Martin; Vicki DeBoer; Amanda Cater; Amanda Drysdale ;Andy Epple; Brian LaMeres; Carol Townsend; Mary Jo Nehasil; Robin Sullivan; Sara Folger; Susie Gallaher;Tracy Blain; Verne Klingensmith Subject: RE: loyal garden Susan: The CAHAB reviewed the Loyal Gardens preliminary plat at their Wednesday, April 12, 2006 meeting where a quorum of members were present. The CAHAB had previously reviewed the pre-application and asked that the RSL's be scattered throughout the sub-division and that there be a variety of housing types. The resulting preliminary plat has 10 attached (multifamily RSL's with lot size not to exceed 3,000 sq. ft. and requiring dwelling no to exceed 900 sq. ft.)and 25 detached RSL's (5,000 sq.ft.with a requirement that the house not exceed 1,550 sq. ft.). The total square footage of designated RSL lots exceeds the 10% of net buildable area requirement. The CAHAB was pleased that the developer had rearranged the sub-division and also put some of the RSL's across from the park. The CAHAB believes that the Loyal Gardens preliminary plat meets the intent of the City's Affordable Housing policies and the applicable portions of the LIDO. Caren Roberty, Community Development Director HRDC 32 South Tracy Bozeman, MT 59715 406-585-4866 croberty@hrdc9.org 4/18/2006 APR ; 2006 DEPARTMENT OF PLANNING COMMUNI D LOP ENT Dry C o-z-e- / /`'1 / 5 ` 7/ -{e. llL) r J- C.lv✓1 t v o ,�i nt{ -I r C�S�o.-f I ( C�. �.'alp i 0�n Q.. V�`� P j.0 �,J� 1.�(�c}>! V 4-� � -7 aQ.f�P S I�•-G�� �-'"�„�.. �� �(� � �]��YI LU CJ �J(mot. 1\.� J 1 � r'1.G..�.. -�-`e u e Ck Ic c.�Z�-`v w)e of C_. II 1 io- C7� ��l' o►r wit t .c,C.-J j La- �C k-t.C� cv i L1 .�-Fue s • I c c�►-"-O r air�:.�z �` c,--C; +r a�-o 5 rho o k)J ct? 4c, _ 7 1"_. CL,( Ct azl c>C D �-u vt c� G�5 vv��� -�-,t'G.J .. G1 ©S S lu A2c�.'�'" � �,--e..e� `'rt'�i��--�` �1-•.� C...�"fit,., r�_C��, �i 2 mac ;-F 2�'� PC Cp L uJ / �t c c� t '�2 4-o l� � Lam, � cl I . .mob.. � .. Susan Kozub From: John Alston Sent: Tuesday, May 16, 2006 9:13 AM To: Susan Kozub Subject: Loyal Gardens Lift Station Location Bob, I am writing to you concerning the proposed location of the Loyal Gardens Sewer Lift Station. The proposed location makes will make this lift station the most visible one we will have. This creates some concerns for me. I believe that no one wants to see the maintenance that goes with operating a lift station. Pumps have to be removed and worked on above grade. They have to be washed off and are usually coated with raw sewage. If the station's pumps fails, we would have to bypass the station which would require one of the wet wells hatches to be opened, creating safety concerns. The lift station will also have a diesel generator that will run at least one hour a week and if it loses power for possibly hours or days. They are not quiet when running. Being so visible there is always the concern of vandalism and being broke into. Lift stations are considered in the security world as critical infrastructure. I believe being in such a visible location it will be a target. I would hope that the proposed location be reconsidered and moved into a traditional out of the way location. Thanks, John M Alston Superintendent Bozeman Water/Sewer Department jalston_@boze_man.net 406-582-3200 5/16/2006