HomeMy WebLinkAbout10-01-07_Revised Aspen Park Major Subdivision Preliminary P_13
Report compiled on August 28, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Aspen Park Subdivision
Major Subdivision Preliminary Plat, #P-07027
MEETING DATE: Monday, October 1, 2007
RECOMMENDATION: Finding that the applicant has provided the Planning Office with a
conceptual redesign of the subdivision that addresses the concerns identified by the Commission in
its denial of the preliminary plat application, Staff recommends that the matter be discussed further
with the applicant at the October 1, 2007 public meeting for consideration of conditional approval
as recommended in Planning Board Resolution #P-07027.
BACKGROUND: On Tuesday, September 10, 2007 Commissioner Jacobson voted to break a 2-2
tie voting against a motion to conditionally approve the preliminary plat application for Aspen Park
Subdivision as recommended by the Planning Board. As a result, said motion to conditionally
approve the preliminary plat failed on a vote of 2-3.
After outlining the reasoning for denial of the preliminary plat application with the applicant’s
representative, Tracy Poole, the City Commission elected to schedule the matter for October 1, 2007
to give the applicant the opportunity to further consider a redesign of the major subdivision as it
relates to: 1) extension of east/west local streets to break up block lengths, 2) alleyway access
serving residential lots along South 19th Avenue, and 3) presentation of residential dwellings onto the
South 19th Avenue streetscape.
UNRESOLVED ISSUES: As of this writing the applicant has provided staff with a conceptual
redesign of the subdivision that responds to the issues identified by the Commission. The applicant
has verbally committed to the alternative design as attached to this memo with regard to the
presentation of residential lots onto South 19th Avenue, inclusive of alleyways. Therefore, the
applicant wishes to continue their discussion with the Commission at its October 1, 2007 meeting in
anticipation of a conditional approval of the revised subdivision design.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, at
such time the property is developed.
ALTERNATIVES: As suggested by the City Commission.
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CONTACT: Please feel free to email Dave Skelton at dskelton@bozemna.net if you have any
questions prior to the public hearing.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: None
Report compiled on September 25, 2007
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C5fflNj9
BettllTY GIOU ISeptember 26 2007
Dear City ofBozeman planning staff and City Commission
Staffs enclosed for your review are updated copies of the Aspen Park revised lot layout
based on the comments ofthe City Commissioners given at the City Commission
hearings dated 9 4 2007 and 9 10 2007 Please note the changes to the homes fronting
19th avenue This revised lot layout has a larger landscape buffer between 19th avenue
and the frrst row of homes The changes to the plat do not significantly change the
water sewer storm water or private utility services from what was originally submitted
The revised lot layout has shorter block lengths with the addition of two connecting
streets on the southern portion ofthe plat between 17th and 18th and between 15th and 16th
With these revisions this plat continues to meet all the requirements as set forth in the
UDO
Thank you for you time and considemtioD
Tracy Poole
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Aspen Park Major Subdivision – Planning Resolution No. P-07027
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Aspen Park Subdivision
RESOLUTION #P-07027
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD ON A
RECOMMENDATION OF A PRELIMINARY PLAT APPLICATION TO
DIVIDE 79.98± ACRES INTO 227 RESIDENTIAL LOTS ON PROPERTY
ZONED “R-1” (RESIDENTIAL, ONE-HOUSEHOLD LOW DENSITY
DISTRICT) AND “R-2” (RESIDENTIAL TWO-HOUSEHOLD MEDIUM
DENSITY DISTRICT) WHICH IS LOCATED EAST OF SOUTH 19TH AVENUE
WITH THE INTERSECTION OF GRAF STREET, EAST OF MEADOW
CREEK SUBDIVISION, AND WEST OF ALDER CREEK SUBDIVISION AND
ALLISION SUBDIVISION, FUTURE PHASES, AND DESCRIBED AS A
TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF
THE NORTHWEST ONE-QUARTER AND SOUTHWEST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, T2S, R5E, P.P.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
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WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604, 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 a jurisdictional area created under 76-1-
504, M.C.A.; and
WHEREAS, PM Investments, LLC, represented by Stahly Engineering & Associates, Inc.,
submitted a Major Subdivision Preliminary Plat Application to subdivide 79.98± acres of land into 227
residential lots on property described as a tract of land located in the southwest one-quarter of the
northwest one-quarter and the southwest one-quarter of the southwest one-quarter of Section 24, T2S,
R5E, City of Bozeman, Gallatin County; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.06.040 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, August 21,
2007, to receive and review all written and oral testimony on the request for said Major Subdivision
Preliminary Plat Application; and
WHEREAS, five (5) letters of written testimony on the matter was received by the Planning Office
discussing urban density, parkland, pedestrian and bicycle circulation, traffic generation, street lights,
sanitary sewer capacity, integrity of Mandeville Creek, and downstream water user facilities; and
WHEREAS, Don Seifert, 5700 Fowler Lane, discussed the limited ability to maintain Mandeville
Creek as a water feature for the proposed subdivision based on lack of water features in the area; and
WHEREAS, members of the City of Bozeman Planning Board discussed spacing of street
intersections, potential neighborhood commercial nodes, transit system, workforce housing ordinance,
irrigation ditches and permitting, ditch relocation, storm water discharge, improvements to South 19th
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Avenue, street lights, parkland, ground water, basement restriction, subdivision design, and RSL lots; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 5 to 0, recommends conditional
approval of Planning Application No. P-07027 for Aspen Park Subdivision with the conditions outlined in
the staff report of the City of Bozeman Department of Planning and Community Development; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote
of 5 to 0, recommends approval to the Bozeman City Commission to subdivide 79.98± acres of land into
227 residential lots on property described as a tract of land located in the southwest one-quarter of the
northwest one-quarter and the southwest one-quarter of the southwest one-quarter of Section 24, T2S,
R5E, City of Bozeman, Gallatin County, Montana be approved with the following conditions:
City Engineer’s Office:
1. 1’ No Access Strip shall be shown on the plat along the entire lot frontage of 19th Avenue and Graf
Street.
2. A temporary turnaround shall be installed at the end of any dead end street which is more than 1 lot
long. This shall include dead ends created by project phasing.
3. The water main shall be 12” diameter in Graf Street and 24” diameter in 19th Avenue in accordance
with the City’s Water Master Plan.
4. The sewer main shall be 24” on Stucky from its current terminus to 19th, and then 12” from Stucky to
the southern property boundary on 19th in accordance with the City’s Wastewater Master Plan.
5. All street intersections not meeting the separation distance required by section 18.44.090.D of the
UDO shall be right in right out only at their intersection with Graf unless the information required by
section 18.44.090.H to grant a deviation by is provided to and approved by the City Engineer.
6. Radiuses to accommodate turning movements shall be installed in the “T” alleys.
7. All improvements necessary to provide adequate level of service at the intersections analyzed in the
Traffic Impact Analysis (TIS) 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 of the TIS must be obtained from the Montana
Department of Transportation and for all improvements along Kagy Boulevard and 19th Avenue.
8. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and services
within the State's right-of-way must be obtained from the Montana Department of Transportation.
9. The east half of South 19th Avenue shall be improved to the 120’ right of way, 5 Lane Principal Arterial
standard as shown in the Transportation Plan along the entire frontage of the subdivision including
tapers back to existing asphalt on the north and south end meeting AASHTO standards. All of the
improvements to South 19th Avenue shall be complete with Phase I of the subdivision.
10. The sidewalks adjacent to South 19th shall be a minimum 6’wide, 6” thick, and shall be installed at the
time the street improvements are done.
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11. The full width of Graf Street along with the required utility extensions shall be improved to the 48’ BC
to BC Collector standard as shown in the Transportation Plan from 19th Avenue to the eastern
boundary of the subdivision.
12. 100-year flood elevations shall be computed for the watercourses that are within the subdivision
boundary. All locations where flooding limits encroach onto proposed lots shall be noted on the final
plat along with minimum floor elevation for the structures to be constructed on the effected lots.
13. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the
boundary of the subdivision to provide future service to adjoining undeveloped land.
14. Stormwater shall not be discharged to any irrigation ditch unless a variance is requested and approved
by the City Commission.
15. The City cannot grant an exemption from the MDEQ review of plans and specifications. A master
facilities exclusion form will be provided upon request following preliminary plat approval.
16. Road geometry should meet the criteria in the COB design standards unless a deviation can be
justified.
17. Draft payback agreements for water, sewer and signalization improvements have been submitted by
the developers of Meadow Creek Subdivision. If these paybacks are established, then they shall be
paid with the final plat for each phase of the subdivision.
18. The medians shall have topsoil, irrigation, and seed unless a deviation can be justified from the COB
Design Standards.
19. If an easement can be obtained from the adjoining property owner for South 15th Avenue, the entire
street section exclusive of the sidewalk on the adjoining property shall be constructed. If the easement
cannot be obtained, curb, gutter, standard boulevard, and sidewalk on the west side, along with a
minimum pavement width of 24’ shall be installed.
Planning Office:
20. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. 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.
21. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final
plat of the major subdivision.
22. A notation on the final plat and in the home owner’s association documents shall be provided noting
that no direct access from individual lots onto South 19th Avenue and Graf Street is permitted. A one-
foot “No Access” strip shall also be noted on the final plat for both streets.
23. A minimum twenty-five (25) foot front yard setback is required along South 19th Avenue and twenty
(20) foot yard setback is required along Graf Street. Said notation shall be provided on the final plat
and in the home owner’s association documents.
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24. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be
shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer
Superintendent.
25. Covenants shall address the requirements for street trees, a COB planting permit for street trees and
obtaining utility locates before any excavation begins in the COB right of way.
26. The applicant shall proceed with implementation of a park maintenance district with assistance by City
staff for the maintenance and up keep of all parkland improvements, and if possible landscape
improvements located within public rights-of-way. A draft of the park maintenance district shall be
submitted to the Planning Office for review at least sixty (60) days before submitting for final plat
approval of the initial phase of the subdivision.
27. All private utilities shall be installed in rear yard utility easements where individual subdivision lots
have access to public alleyways.
28. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal
equipment.
29. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space
shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a
manner to be consistent along all park land and open space areas. This requirement with appropriate
exhibits of fence types shall be addressed and illustrated in the home owner’s association documents.
30. 18.50.060 “Frontage” – Park land shall have frontage along 100 percent of its perimeters on public or
private streets, unless otherwise noted. This further implies that all streets adjacent to parkland for a
phase of the major subdivision must be improved with said phase (i.e., Vollmer Street).
31. All dedicated park lands shall be titled “Public Park”. The open space shall be titled “Open Space,
Public Access”. Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained
by the homeowners association; and open space, public access, owned by the landowners, maintained
by the homeowners association, etc.
32. Park dedication requirements shall be met prior to or in conjunction with each subdivision phase.
Documentation of satisfaction of park dedication requirements in accordance with Section 18.50.020
of the BMC shall be provided
33. The Final Park Plan shall include:
a. Current and Future site plan(s) for the entire property with the current plan showing developer
installed improvements and the future plan showing any planned improvements not intended to be
installed by the developer;
b. The location of watercourse setbacks;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100;
d. Trail design and construction showing compliance with adopted City standards and trail
classifications;
e. The requirement for a preconstruction meeting prior to any site work, including trails;
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f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. The park shall be described as a community park with a future community recreational facility and
other related features as determined by the COB.
34. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
35. 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.
36. The final plat for each phase shall identify the remainder (of each phase of the subdivision) (of the
original tract of record) to be platted as an undevelopable lot in accordance with §18.74.080.B.6, BMC,
with the following language placed on each undevelopable lot of the final plat “Lot development
subject to further subdivision review.” No public improvements shall be required for the
undevelopable lot until it is subdivided as a lot which is not subject to this restriction.
37. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
38. The applicant shall submit with the application for Final Plat review and approval, a written narrative
stating how each of the conditions of preliminary plat approval and code provisions listed in the staff
report have been satisfactorily addressed.
DATED THIS 21ST DAY OF AUGUST 2007, Planning Resolution #P-07027.
____________________________________ _________________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President & Chair
City of Bozeman, Department of City of Bozeman Planning Board
Planning & Community Development
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