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HomeMy WebLinkAboutStory Mill Neighborhood Major Subdivision Report compiled on November 13, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Story Mill Neighborhood Major Subdivision P-07032 MEETING DATE: Monday, December 3, 2007 RECOMMENDATION: Approve the Story Mill Neighborhood major subdivision with conditions of approval as determined appropriate by the City Commission. BACKGROUND: The Story Mill Neighborhood (SMN) subdivision is a large 10 phase in- fill/redevelopment project located in Bozeman’s northeast quadrant. It proposes 135 lots for approximately 1,200 homes and 180,000 square feet of non-residential uses. The project is redeveloping an area which has been used for many years for a mix of industrial and residential uses. The subdivision is directly dependent on the SMN planned unit development for regulatory compliance. If the SMN PUD is not approved then the SMN subdivision should not be approved. The Commission has previously seen a growth policy amendment, annexation, zone map amendment, subdivision pre-application and PUD concept plan relating to this project. The comments and concerns identified with these reviews have influenced the design presented with this application. The applicant has requested concurrent construction for the first two phases of the project. Concurrent construction requires review as a PUD which has occurred. Phases 3-10 are the subject of several requirements regarding timing of construction. UNRESOLVED ISSUES: The applicant has requested an extended approval period for the preliminary plat of 10 years. This is a significant departure from past City practice. Staff has considered the request and as described in the staff report has recommended approval with several conditions. These include provision of easements to hold all streets and parks for all phases with the first final plat and restrictions on how many phases can be in development at once. Applicant has provided a very high level of design and specifications for all phases throughout the project. Staff considers this to be a unique case and requests that the Commission note in any approval action that the extended approval period is not intended to set a precedent for other projects. FISCAL EFFECTS: All new development creates both new revenues and new expenses. The density of development proposed does allow for certain efficiencies in service provision. Applicants have stated their intention to pursue a tax increment financing district for the surrounding area. Depending on whether or not this is approved effects on revenues will be variable. ALTERNATIVES: As suggested by the City Commission. 369 Report compiled on November 13, 2007 Commission Memorandum CONTACT: Please contact Chris Saunders at csaunders@bozeman.net or 582-2260 if you have questions on this item. APPROVED BY: Chris Kukulski, City Manager Andrew Epple, Planning Director Attachments: Staff report Planning Board resolution Planning Board minutes Public comment, agency comment, and responses by applicant Application materials 370 PLANNING DEPARTMENT AMENDED STAFF REPORT STORY MILL NEIGHBORHOOD SUBDIVISION PRELIMINARY PLAT #P-07032 Item: Subdivision Application #P-07032 An application for a 10 phase subdivision with concurrent construction in connection with a Conditional Use Permit with deviations for the Story Mill Neighborhood Planned Unit Development Preliminary Plan to allow a mix of residential, commercial and industrial development. Owner/Applicant: Blue Sky Development, Inc., 6730 Tawny Brown Lane, Bozeman, MT 59718 Wake Up, Inc., 402 Bonner Ln., Bozeman, MT 59715 Representative: Hyalite Engineers 1111 Research Drive, Bozeman MT 59718. Date/Time: Planning Board: Tuesday, November 6, 2007, 7 p.m., Community Room, County Courthouse, 311 West Main Street, Bozeman MT City Commission: Monday, December 3, 2007, 6 pm, Community Room, County Courthouse, 311 West Main Street, Bozeman MT Report By: Chris Saunders, Assistant Director Recommendation: Conditional Approval PROJECT LOCATION The property is approximately 106.7 acres and is generally bounded on the north and west by Bridger Drive and is focused around the intersection of Griffin Drive and Story Mill Road. The ~ 106.7 acre property is legally described as Certificate of Survey 2547 and Tract 18, Northeast Annexation, located in NW¼ of Section 5, and NE¼ of Section 6, Township 2 South, Range 6 East, and the SE¼ of Section 31 and the SW¼ of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana. See PUD Application Volume 1, Tab 2. The property is zoned B-1, B-2, M-1, PLI, R-2 and R-4 and portions fall within the Neighborhood Conservation and North Rouse Avenue/Bridger Drive Entryway Overlay Districts. Please refer to the vicinity map on the following page. 371 PROPOSAL The applicant is requesting Subdivision Preliminary Plat approval to subdivide ~ 106.7 acres into up to 135 lots for development and 32 park and open space lots. The site is proposed to be developed as a mixed use industrial, residential, and commercial development. The initial phase of the subdivision and PUD is located at the SE corner of the intersection of Story Mill Road and Bridger Drive. The project will have access from Bridger Drive, Story Mill Road, Bryant Street, Griffin Drive, and internal streets. The application is extensive and detailed. Due to the size and complexity of the project a summary package of materials has been submitted in hard copy with full submittals provided on compact disk as PDF formatted files. Review of the application will require extensive use of the digital files on the included DVDs. References to application materials in the review criteria are to the full application submittals provided digitally. Some items such as the Development Manual are also provided in hard copy in the Summary submittal. Where a printed copy of the referenced item is available in the Summary binder that tab reference is also provided. A table of contents for the files is contained in the application DVD, Volume 1 folder. In conjunction with this subdivision preliminary plat, application has been for a Conditional Use Permit (CUP) for the Story Mill Neighborhood Planned Unit Development (PUD). Portions of the site have been previously developed with a variety of residential and industrial/agricultural uses. In connection with the PUD deviations have been requested from various City standards. The majority THE SUBDIVISION AS PROPOSED RELIES UPON THE REVISED DEVELOPMENT STANDARDS PROPOSED WITH THE PLANNED UNIT DEVELOPMENT (PUD). IF THE PUD IS NOT APPROVED THEN THE SUBDIVISION AS PROPOSED CAN NOT BE FOUND IN COMPLIANCE WITH REGULATORY STANDARDS. 372 of those deviations are related to zoning issues and are addressed in the PUD staff report. Numerous deviations have been requested to enable development of the project with a character more urban in design and configuration. Although there are many deviations, the complexity and size of the project means that no individual lot is affected by a majority of requested deviations. The list of initially requested deviations is contained in the PUD Application, Volume 1, Tab 4 or Summary binder Tab Proposed Relaxations, and includes a list of deviations with a key to blocks and lots affected, maps showing the location of each deviation within the project, and tables by section, lot and block showing in aggregation the deviations which will be applicable to each lot. Some items are directly related to the subdivision or have overlap in both subdivision and zoning standards. · Extended approval period of up to 10 years · Concurrent construction of buildings and infrastructure for Phases 1 and 2 only · A combination of Private and Public streets with alternate standards · Alternate street lighting · A single coordinated park plan across all 10 phases BACKGROUND The Story Mill Neighborhood subdivision has previously been considered by the Planning Board and City Commission during an informal review (I-06030) and a pre-application subdivision review (P- 07015). Portions of the project area recently completed annexation (A-06011 and A-07003). A growth policy amendment (P-06070) and zone map amendments (Z-06203 and Z-07014) sought by the applicants were previously approved. All required Preliminary Plat Supplements were submitted to the Development Review Committee (DRC). The area of the project was originally developed for industrial purposes as a water powered flour mill. The mill was at one time the largest industrial employer in the Gallatin Valley. Eventually two rail spurs were placed to deliver grain and ship flours. The stockyards and slaughter house and rendering plant were developed later due to the good proximity to railroad services and the mill. The historical industrial and agricultural/industrial uses have all ceased operation although significant built elements remain as evidence of their existence. Residential development has long been present on the site with the original Head Miller’s residence still in existence as well as other historic residences. Other residential development has occurred in the area over the years. A diverse land use pattern is in the surrounding area with a mix of office, industrial, and public uses mingling with a range of residential uses from large lot single households to urban density town homes. A manufactured home community will be replaced with other housing as part of the development. Several natural and artificial watercourses cross the project site and provide a significant natural feature and limitation on development as well as unique opportunities for recreation and open space uses. Wetlands on the site have been heavily impacted by filling and other damaging actions. ZONING DESIGNATION & LAND USES The subject property has multiple zoning districts in place as shown on PUD Application Volume 1, Tab 4, Section 1L, subsection 5 or Summary binder Tab Preliminary Plan, Sheet 5. Zoning on the property is B-1 (Neighborhood Business District), B-2 (Community Business District), M-1 (Light Manufacturing District), R-S (Residential Suburban District), R-2 (Residential Two-household, 373 Medium Density District), and R-4 (Residential High Density District). The intent of the various zoning districts is described at the beginning of Chapters 18.16, 18.18, and 18.20, BMC. The following land uses and zoning are adjacent to the subject property: North: Industrial and agricultural. Unannexed, zoned M-1 (Light Manufacturing District) and A-S (Agricultural Suburban District). Offices, manufactured homes, detached homes. Annexed and zoned R-MH (Residential Manufactured Home District) and R-S (Residential Suburban District) and M-1 (Light Manufacturing District). South: Not annexed, Gallatin County Bozeman Area Zoning District designations of R-S (Residential Suburban). Offices and warehousing, Annexed and zoned M-1 (Light Manufacturing District). East: Not annexed, Gallatin County Bozeman Area Zoning District designations of R-S (Residential Suburban). Detached residences and agricultural land in the Story Hills area. West: Industrial, vacant land, City lower yards. Annexed and zoned, M-1 (Light Manufacturing District) and PLI (Public Lands and Institutions) ADOPTED GROWTH POLICY DESIGNATION The property has multiple land use designations as “Neighborhood Commercial”, “Community Commercial”, Residential”, “Industrial”, and “Parks, Open Space, & Recreation”. The land use designations on the majority of the property were recently changed with a growth policy amendment (P-060070). The majority of the property is planned as “Residential”. See the updated Figure 6-2, Future Land Use Map, on the Planning web site, http://www.bozeman.net/bozeman/Figure6_2_1future_land_use_map.pdf . Full descriptions of the designations are provided in Section 6.2.3 of the Bozeman 2020 Community Plan beginning on page 6-20. As Residential is the dominant designation it is presented here in full. The varied zoning districts on the project site of B-1 (Neighborhood Business District), B-2 (Community Business District), M-1 (Light Manufacturing District), PLI (Public Lands and Institutions District), R-2 (Residential Two-household, Medium Density District), and R-4 (Residential High Density District) are consistent with the underlying growth policy designations. · Neighborhood Commercial designation is oriented to neighborhood services and proximity to significant residential densities to support pedestrian access, bicycle, and transit options. Neighborhood community identity is part of their function. · Community Commercial designation provides areas for retail, education, health services, public administration and tourism for a multi-county region. These facilities should be located in proximity to significant transportation routes. It is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. · Industrial designated lands are intended for more intensive uses which still are integrated as part of the community. Careful examination of compatibility with adjacent non-industrial uses is needed. 374 · Parks, Open Space, and Recreation is a designation for parks and open spaces. Areas with this designation may be formally developed or have a more naturalistic character. · 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. PRELIMINARY PLAT SUPPLEMENTS The Story Mill Neighborhood PUD Preliminary Plan for the entire development and the Preliminary Plat application addressed all of the supplemental review criteria. Updates of the utility plans and traffic study will be required prior to commencement of construction of each phase. A. Surface Water: Bozeman/Sourdough Creek, flows north-south along the western boundary of the subdivision. Bozeman/Sourdough Creek has a 75 foot setback from its high water mark. The East Gallatin River flow generally north-west through the park land located in the center of the Story Mill Neighborhood PUD project, generally separating the development into a higher density area north of the river and lower density (although still urban density) to the south. There is a 100 foot watercourse setback from the East Gallatin River. All private lots have been platted outside of the watercourse setback area. See Subdivision Application, Volume II, Tab 1 or Summary binder Tab Preliminary Plat for a map. Extensive wetlands are present on the site. Some of the wetlands are naturally occurring and some appear to have been at least potentially created by human action. Many of the wetlands are heavily degraded from dumping of fill, past industrial practices, or weed infestations. Applicant has proposed significant restoration of damaged wetlands. Wetlands will be impacted by road construction. 375 Applicants have proposed structurally elevated roadways and walkways in several sections to reduce impacts to wetlands. See Subdivision Application, Volume II, Tab 1, sheet WETL 404-6 for a map of elevated structures. Any activity within the identified watercourse and/or wetlands area (i.e., road construction) will require all applicable permits (i.e., 310, 404, Turbidity exemption, etc.). An open water pond is present on the south west portion of the site shown as Block 10. Wetlands are adjacent to this pond and no changes are proposed to either the water area or wetlands areas. B. Floodplains: The floodplain study is contained in Subdivision Application, Volume II, Tab 2. No new structures are proposed for placement within the defined floodplain. The City of Bozeman has established a watercourse setback which restricts development within the flood plain. The applicant’s propose to comply with the setback. The floodplain area is intended to be utilized for public open space. There are proposed to be street and trail crossings through the flood plain. These are for Volmer Street, Griffin Drive and L Street in four locations. At this time Griffin Drive and L Street are existing streets. The majority of work proposed is to bring the sections up to an approved standard. The trails are proposed to cross the streams in two locations. The trail network is shown in the PUD application, Volume III, Tab 16 or Summary binder Tab Parks & Open Space Plan. The regulated floodplain is only those portions where flooding is in excess of one foot. Shallower areas or 500 year floodplain are also present but are not part of the typical floodplain regulations. None the less, shallow flooding also has potential to do damage. In order to minimize possible flood damage structures should be elevated above the water level and engineer certification provided as to elevation. A watercourse setback is present along Bozeman/Sourdough Creek and the East Gallatin River. The floodplain is located primarily within the setback area. Several buildings are present within the setback area. North of the East Gallatin River several structures associated with the stockyards are present. South of the East Gallatin River and near to Story Mill Road are the Volmer slaughterhouse and rendering plant and a more modern metal storage structure. The historic inventory in Subdivision Application, Volume II, Tab 7 and as updated indicates that the Volmer structures are historic and the building on the east side of the river is not. The Volmer structures are proposed to be reused and the east structure to be removed which will reduce potential flooding hazard. C. Groundwater: See Subdivision Application, Volume II, Tab 3. The groundwater investigation was conducted in spring of 2007 and showed a highly variable depth to groundwater. A table of measurements to depth is contained in the submittal. The presence of extensive wetland and multiple surface water features indicates a high quantity of water present on the site. The highest ground water levels were documented in the area denoted as Blocks 10-18. Water levels at this location are high enough to cause challenges for on-site development. Variable types of development are proposed within Blocks 10-18 ranging from detached single homes to large multiuse buildings with subgrade parking. No material amounts of deliberate irrigation have been present in this area so there is no reason to conclude that the change from current to proposed uses will reduce groundwater recharge and therefore depths to groundwater will remain fairly constant with existing conditions. 376 Blocks 1-9 and 19-30 were found to have a lower groundwater level with a variable depth from 4 to 18 feet. The existing mill building has an extensive basement originally developed for hydraulic power generation for milling operations. Several significant subgrade parking structures are proposed in these areas north of the East Gallatin River. These and other basement structures will require careful engineering design to account for groundwater. With adequate engineering and building design it is anticipated that the development constraints from the high groundwater may be overcome. A note will be required with the final plat that due to high ground water conditions in the area full or partial basements are not recommended. 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. Installation of municipal water and sanitary sewer services will greatly reduce any concerns regarding the potential of groundwater degradation. D. Geology - Soils - Slopes: There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified for development, and no slopes in excess of fifteen percent (15%) grade are proposed for development, with the exception of Block 5. The most significant topographic features is the tip of the Story Hills which are primarily designated as public park. The toe of the slope will be cut to provide a subgrade parking structure to support development of adjacent town homes. Fully detailed geotechnical investigations will be required with the building permit for that site. The presence of surface and groundwater influences the types of soils present on the site. The application generally proposes to avoid development in wetlands or in areas adjacent to the surface streams. Roads will be necessary to cross these areas and applicants are proposing an alternate street standard to minimize impacts. Other than the need to dewater areas for utility installation there does not appear to be anything in the geotechnical report that indicates any geologic hazards. The Building Department will require a soils report for each lot prior to approving a building permit. E. Vegetation: See Subdivision Application, Volume II, Tab 5. The property has been historically primarily used for industrial/agricultural purposes. A residential area along Bridger Drive has been developed and numerous large mature trees are present as are other typical residential landscaping materials. A large portion of the property south of the East Gallatin River has been low intensity grazing land with very high groundwater. The grazing and industrial practices in the area have significantly altered the vegetation and encouraged spread of noxious weeds. A fully executed Memorandum of Understanding for a weed control plan with the Weed District is included in the Subdivision Application, Volume I, Tab Preliminary Plat Supplements. Significant stands of mature trees and other riparian vegetation are present along the sides of the 377 Bozeman/Sourdough Creek and the East Gallatin River. The setbacks from the watercourses protect the majority of the streamside vegetation. There will be some intrusion for pedestrian and vehicular crossings. Crossings will be perpendicular to the stream and minimize impacts. The northern slope of the Story Hills has a stand of large conifer trees which provide cover for a variety of wildlife. No changes are proposed to this area. The Development Manual for the PUD has standards proposed for landscaping which requires native species. Restrictions are proposed on vegetation maintenance to reduce contaminant runoff to surface waters or wetlands. F. Wildlife: See Subdivision Application, Volume II, Tab 6. No known endangered species or critical game ranges have been identified in the area. The 75-foot and 100-foot watercourse setbacks along the existing watercourses will protect the riparian environment already established on the property. Birds and small mammals primarily rely upon the multi-layered environment along the stream banks. Beaver are periodically in the area and due to their building of dams can alter the wildlife habitat. Large animals do move through the area periodically including deer and bear which have been seen this fall. The wildlife assessment offers several suggestions for minimizing impacts on wildlife, see pages 9-10. The Development Manual for the project already incorporates a number of these items, see PUD Application, Volume I, or Summary Version binder, Tab Development Manual, sections 2M, 2R, and 2T. An addition to either the Development Manual or associated development bylaws and covenants should be made to require control of domestic animals to reduce predation and harassment of wildlife. Wildlife habitat has been preserved by limiting impact on the north slope of Story Hills, preserving the majority of streamside vegetation, minimizing wetland damage and providing for clean up and enhancement of existing wetlands. The proposed open space plan calls for trash receptacles to be placed in various locations. This will discourage litter with possible negative impacts on wildlife. Unless properly designed and maintained trash containers can serve as attractants to bears with a corresponding hazard to both animals and humans. The Parks and Open Space plan has a recommended style of litter receptacle which is not bear resistant. See Subdivision Application, Volume III, Tab 16 or Summary binder Tab Parks & Open Space Plan, page 40. The applicants need to coordinate with Montana Fish Wildlife and Parks to select a bear resistant trash receptacle for inclusion with the specifications. G. Historical Features: See Subdivision Application, Volume II, Tab 7. A cultural resource preliminary inventory was conducted and submitted with the initial PUD Plan and the preliminary Plat. On October 15th a revised and updated cultural resource inventory was submitted. As described under the Background section above, the Story Mill Neighborhood site has been actively utilized for many years. As an infill and redevelopment project it has potential to significantly affect the historic structures and fabric on the site. The subdivision process establishes public spaces such as rights of way and parks. The proposed development will relocate two historic streets, Story Mill Road and Hillside Lane. Both were part of 378 the original main road up Bridger Canyon and have been in existence for over a century. The relocations will not affect historic road structures such as bridges or materially change the destinations, but will place the streets in legally established locations which are supportive of further development. Currently, there are buildings encroaching into the Story Mill Road right of way. The cultural resource inventory indicates that there will be some buildings which will be renovated, some removed, and others potentially relocated on the site. The majority of the individual site issues relating to historic preservation are best addressed through the standards and processes established through zoning authority. Therefore, conditions and further discussion of historic preservation issues are provided for through the Planned Unit Development review. Interested parties are referred to that staff report. H. Agriculture: As described above, the adopted Growth Policy identifies this property as a variety of urban uses. The City Commission approved urban zoning on the property with zone map amendments Z-06203 and Z-07014. The zoning designations and adopted Growth Policy do not contemplate agricultural uses for this property. The property has been used in the past for periodic grazing. Some existing farm building remnants are present but have been heavily modified. I. Agricultural Water User Facilities: The applicant must ensure that no agricultural water user facilities or neighboring agricultural uses will be impacted by this development. A ditch is present along the Story Hill to the east and flows north to south with a spillway to the west to connect to the river. There is no watercourse setback from the ditch although a maintenance easement is required. The applicant’s have requested to offset the easement to the east to avoid conflict with a proposed parking structure. Given the topography of the hillside this does not appear to interfere with the function of the easement. See Subdivision Application, Volume III, Tab 9. A deviation to provide a nonstandard width of easement was not supported by staff and applicant’s have agreed to provide a full width, but offset easement. The owners of the ditch continue to use the ditch therefore the easement is necessary and the ditch owners have been informed of the proposed development and have not objected. J. Water and Sewer: The water main from the Lyman Creek reservoir, the City’s original water supply, traverses the project area. The proposed lot area and arrangement will require relocation of portions of the main. The City does not oppose the relocation but does require that the relocation occur in a single effort to avoid multiple disruptions of service and increased risk of damage to the pipe and surrounding properties. Extension of municipal water mains in the area will provide local service water for domestic and fire protection services. An extension of municipal sewage lines will provide for sewage collection and disposal. There are several large diameter sewer pipes in the area which will accept flows from this development. As development occurs with each phase it will be necessary to reassess available capacity. Final approval of the water distribution system and sewage collection and disposal system for this subdivision proposal will be obtained through the normal approval procedures of preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department 379 of Environmental Quality. Adequate capacity to serve the proposed phase must be demonstrated prior to each phase beginning construction. Applicants have sought approval for concurrent construction of infrastructure and structures for phases 1 and 2 only. Staff is agreeable to this request conditional on the applicants complying with all of the requirements of Title 18 relating to concurrent construction. K. Stormwater Management: See Subdivision Application, Volume III, Tab 11. The applicants have proposed a privately maintained stormwater recapture and reutilization system to reduce stormwater flows and conserve water. The captured stormwater will be utilized for irrigation of open spaces and water features, not for domestic consumption. Detention ponds located within the open space areas of the subdivision will provide stormwater management. The standard requirement for a Stormwater Master Plan applies to this project. The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post- construction certification and preparation of mylar record drawings applies. Except as allowed by concurrent construction for phases 1 and 2, no building permits will be issued prior substantial completion and City acceptance of required stormwater infrastructure improvements. Stormwater improvements must be completed or financially guaranteed prior to final plat approval. In order to avoid cross connections between the stormwater reuse system and other conflicts with public utilities the developers must provide record drawings of installed facilities, use distinctive piping, and take other actions coordinated with the Water and Sewer Department to prevent conflicts. L. Streets, Roads, and Alleys: See Subdivision Application, Volume III, Tab 12. Access: Primary access to the subdivision will be from L Street, Bridger Drive/North Rouse Avenue, Griffin Drive, Bryant Street, and Story Mill Road. A minor access will be provided by Hillside lane. Based on adequate access separation distances on Bridger Drive, there is a one (1) foot wide “No Access” strip is required for all lots fronting onto Bridger Drive. As discussed below, the extension of Oak Street will provide future access. Traffic Generation: A detailed Traffic Impact Study for the entire Story Mill Neighborhood Development has been provided to and reviewed by the City Engineer’s office. Prior to submittal the applicants also sought peer review as described in the study. An Executive Summary as well as the full study is included in Volume III, Tab 12 of the subdivision submittal, and the full study is available for review at the Planning Department. Based on the study this subdivision at full build out in 10 years will generate up to 13,670 average weekday total trips with a peak hour average weekday total trips of 1,228. The capacity of a street is primarily determined by its hourly peak vehicle capacity. The proposed development is a mixed use project which intends a significant amount of internal trip capture or mode of travel shift. Typically, a mixed use development begins with primarily residential development in order to develop a source of customers for the future businesses. In this circumstance there is a considerable quantity of existing housing already in the area and up Bridger Canyon. The applicants are proposing two of the first three site development approvals to be commercial in nature. The development of basic commercial services at this intersection should have the effect of capturing a portion of the traffic which otherwise would have continued down Bridger Drive to obtain services 380 and thereby reduce overall traffic flow on the street system. The full effects would not be manifested until the later portion of the project. The Conclusions & Recommendations section beginning on page 70 of the Traffic Impact Study recommends certain improvements per phase of development to help ensure the continued adequate function of area streets. These improvements include signalization now underway, future signalization when warranted, and possible expansion of capacity and connectivity. The Story Mill Neighborhood has sought an extended approval period of ten years. This increases the uncertainty of the project’s traffic forecast because of factors beyond the developer’s control. Should extensive development occur in Bridger Canyon it may increase traffic beyond what is expected. To compensate, an updated Traffic Impact Study will be required prior to approval of plans and specifications for each phase of the subdivision. If the updated study shows a need for roadway modifications sooner than expected those modifications shall be completed prior to final platting of that phase. Capacity: Bridger Drive is designated as a Major Arterial, and Story Mill/L Street is designated as a collector. The State is currently developing the environmental review documents to consider renovations, including possible widening, for Bridger Drive/North Rouse Avenue. Portions of the public outreach materials for the state project are included in Appendix D of Tab 12. According to the traffic report submitted with this subdivision application the existing street network will be adequate to carry the generated traffic. Currently the City is funding installation of traffic signals at North Rouse Avenue and Griffin Drive and North Rouse Avenue and Oak Street. These signals will facilitate necessary turning movements and address intersection failures that had occurred independent of the proposed Story Mill Neighborhood project. Additional need for signalization may be identified with the updated Traffic Impact Studies as described above. The City’s transportation plan examines long term transportation needs, including network development, throughout the city and surrounding areas. Figure 11-7 of the 2001 Greater Bozeman Area Transportation Plan Update depicts existing and future arterial and collector street general alignments. This figure shows a future connection, the Oak Street Connector (OCS), from L Street to Birch/Oak Street just east of the intersection of Oak Street and North Rouse Avenue. This connection is an elevated grade separated connection over the railroad and linking L Street and Birch/Oak Street. The City has listed this connection on the Street Impact Fee Capital Improvement Program. This makes impact fee funds available to help pay for the construction of this work. Some additional funds will also be required for the projects construction. This connection will provide additional access to the west from the Story Mill area without sending vehicles through existing development. The OCS will provide circulation improvements by providing a transportation route which is not blocked by periodic rail traffic. This improves both travel and safety functions. The design of the OCS, as with any major street improvement, requires a significant commitment of time and resources. It is possible that as the Story Mill Neighborhood develops the OCS will become necessary. In order to not artificially delay development of the project the OCS 381 should be designed and reviewed preparatory to construction. To ensure timely development of the design a condition requiring development prior to a specific phase as described in the conditions of approval. In the event it becomes necessary the plans will be available for use. Design and development of the OCS is also eligible for impact fee funding. Bicycle and Pedestrian Pathways, Lanes and Routes: According to the Bike Route Network of the Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-4) and the Recommended Street Standards of the Greater Bozeman Area Transportation Plan (Figures 11-2 and 11-4), bike and pedestrian facilities are required along all collector and arterial streets. A boulevard trail is depicted along Bridger Drive, however the Department of Transportation (MDOT) has not yet designed the section for the street north of Main Street. Typically street improvements are not required until a phase of development is adjacent to that street. Phase 5 is located along Bridger Drive. Therefore, if MDOT has not yet installed the boulevard trail the development shall install it per MDOT specifications and consistent with any completed design process. For further discussion see item P below. Street Standards: The applicants are proposing a combination of public and private streets with a variable built section through the mechanism of the Planned Unit Development. See Subdivision Application, Volume I, Tab Preliminary Plat Requirements, Road Sections. The streets to remain public are Bridger Drive, Griffin Drive, Story Mill Road, and Hillside Lane. The proposed alternate streets provide all of the functional elements required including facilities for pedestrians and bicyclists. Alternate paving materials and widths, elevated structures in locations (See Subdivision Application, Volume II, Tab Surface Water, sheet WETL 404-6 for a map of elevated sections) necessitate the private street process. Public access will be provided by easement. Due to the requested extended approval period and the essential nature of transportation in land development, the presence or absence of streets will have a significant influence on ensuring that the character of the proposed development remains intact over the 10 year approval period. Therefore, to ensure adequate circulation and help establish greater certainty in development over time, the applicant should provide easements for all streets in all phases with the initial final plat. M. Utilities: No concerns were mentioned from any of the private agencies regarding the provision of service to the proposed subdivision. All utilities servicing the subdivision will be provided by underground services. All utility easements shall be noted on the final plat. N. Educational Facilities: Bozeman School District #7 has previously indicated that the bus system will accommodate the additional students. The nearest existing school is Hawthorne Elementary located on North Rouse Avenue. The School District has indicated that it will provide educational services as needed to address new development and that proximity to an individual school with presently unused capacity is not a limitation on development. O. Land Use: 382 The growth policy designates the area as a variety of uses as described above. Story Mill Neighborhood contains up to 166 lots including single-household, townhouse, multi-household , commercial, and industrial lots and various open space and park lots. The proposed development is consistent with the growth policy designations. Density: This project has requested through the PUD relaxations to various zoning standards to enable a transfer of density within the project. There are no residential density limitations based on lot area per dwelling within non-residential districts. Overall the project has approximately 1,142 dwellings for a net residential density of 29 dwellings per acre. Non residential density is approximately 181,000 square feet of retail and office uses. For further review of density by block and lot see the PUD staff report and PUD Application, Volume II, Tab Development Program. Restricted Size Lots (RSLs): See PUD Application, Volume II, Section 1G for calculation and mapping. The net lotted area across all blocks and zoning is 1,288,983 square feet. RSL requirements only apply to residential development. Approximately 205,312 square feet of net area is zoned non- residentially and programmed for ground floor area used non-residentially. Therefore the required area of RSL provision is 108,366. Applicants have proposed providing a total of 140,750 equivalent square feet through a combination of RSL lots set aside and transferred to the City. These lots are single home lots located in Block 20, Block 2, Lots 5 & 7, and Block 18, Lot 5. Four of the lots are proposed for transfer to the City and count at a value rate of three times that of those sold on the open market. The City is obligated to use the transferred lots for affordable housing as described in Section 18.40.180, BMC. Further discussion on affordable housing is presented below under item S. Relaxations: The applicant has requested the following relaxations or special considerations relevant to the subdivision: · Extended approval period of up to 10 years – Section 18.06.040.D.6, BMC · Concurrent construction of buildings and infrastructure for Phases 1 and 2 only – Section 18.74.030.D, BMC · A combination of Private and Public streets with alternate standards – Sections 18.44.020, 18.44.060, and 18.44.080, BMC · Alternate street and site lighting – Section 18.42.150.C&D, BMC · A single coordinated park plan across all 10 phases with alternate park configurations – Sections 18.50.060 and 18.50.100.G, BMC Other relaxations have been requested applicable to zoning standards. These are described in detail in the PUD staff report. Building Permits: The applicant has indicated a desire to submit a Concurrent Construction Plan under Section 18.74.030.D. A Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. The concurrent construction would only apply to Phases 1 and 2 of the development. Individual site plans have been submitted for these phases as part of the PUD submittal now under review in parallel with the subdivision. Unless such plan is approved and executed, building permits will not be issued for any lot in this subdivision until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building permits will be issued until the Final PUD plan and appropriate plans and specifications for infrastructure have 383 been approved. P. Parks and Recreation Facilities: The Story Mill Neighborhood has provided an integrated open space, trails, and parks plan for all phases, see Subdivision Application, Volume III, Tab 16 or Summary binder Tab Parks & Open Space Plan. Such an integrated plan is allowed under Section 18.50.100.G, BMC. The overall plan discusses individual detailed plans for several small parks each with a unique character. Developed plans illustrate a variety of park types from passive such as the Wetland Park to the socially active such as Meadow Park. Given the integrated nature of the park proposal it is important that the final park plans correspond with the initial proposal as adjusted by conditions. Should the need for changes arise there is an amendment process for a park plan. There are certain development standards required for all parks, see Section 18.50.080, BMC. Some of the individual park plans need adjustment to timing of installation for certain items to conform with the development standards. Section 18.50.020, BMC describes how to calculate the required park land dedication. The baseline requirement is 0.03 acres of parkland per dwelling unit. However, development above a defined density does not require an additional parkland requirements. Should certain standards for park frontage not be satisfied then additional cash in lieu requirements are applicable. There is also a timing component within the dedication requirements recognizing that not all details of site development may be known at the time of subdivision, see Section 18.50.020.A.2.This development significantly exceeds the overall density caps for parkland development. Therefore, the amount of parkland provided is less than if each dwelling provided the 0.03 acres. This is consistent with the City’s stated intent to facilitate infill and increased density in development. The Parks and Open Space plan also depicts significant acreage, 29.93 acres, of public open space in addition to the required park area. Much of this additional area is the result of watercourse setbacks and has been programmed and integrated with the parks and trails. See Subdivision Application, Volume I, Tab Preliminary Plat Supplements, sheet 2 of 14 for a map and listing of areas. Due to topographic limitations such as the East Gallatin River and legal limitations such as adjacent ownerships outside the developers control, as well as some design choices, none of the public parks have the required 100% frontage. A listing of park frontage provided by individual park is presented under Subdivision Application, Volume III, Tab 16 or Summary binder Tab Parks & Open Space Plan. Applicant’s have proposed to provide as mitigation to this non-compliance a cash in lieu of parkland dedication equivalent to an additional 2.05 acres of parkland. In total the application proposes 13.4 acres of actual park and 4.77 equivalent acres of cash in lieu of parkland. Applicants are not requesting a reduction in park land as part of the workforce housing package. Cash in lieu of parkland may either be provided by a cash payment or may be satisfied by installation of qualifying improvements as described in Chapter 18.50, BMC. At this time applicants have indicated that they believe the installation of the depicted trails will satisfy the cash in lieu requirement. As the park package is part of the overall development the applicants will need to specify how they intend to complete overall compliance before final platting of the first phase. The Parks and Open Space plan contained in Subdivision Application, Volume III, Tab 16 or 384 Summary binder Tab Parks & Open Space Plan contains a trail plan as part of the open space for the project. The development is providing formally dedicated parks as well as privately held open spaces some of which have trails within them. The trails and sidewalks together provide a high degree of connectivity throughout the development and to adjacent properties. Currently the Story Mill Spur Trail passes to the east of the southern component of the property and then when it intersects with Story Mill Road turns north and continues paralleling Story Mill Road to its intersection with Bridger Drive. A number of the trails are located along the Bozeman/Sourdough Creek and East Gallatin River watercourses. The East Gallatin River, which bisects the project, is crossed by non-motorized trails in two locations and along Volmer Street. The trail location along Bozeman/Sourdough Creek is interrupted by other development. A trail easement is being provided adjacent to the extension of Bryant Street to enable a future trail connection when the interrupting property is redeveloped or otherwise becomes available. Several of the trails cross through delineated wetlands. The Wetland Review Board has recommended that some of the trails be removed or relocated to minimize impacts. Alternative route options exist either by sidewalk or trail location changes. Planning Staff believes these changes to be consistent with the intent and purpose of both the Planned Unit Development standards and Chapter 18.56, BMC. Applicant has indicated a willingness and desire to make the suggested modifications. A condition has been drafted giving specific direction for the proposed changes. The Recreation and Parks Advisory Board supports the original trail locations as a recreational amenity and asserts a lesser quality experience will be had by pedestrians without the trail locations within the wetlands. One trail crosses an existing stormwater pond located south of the stockyards. The pond was necessitated to capture runoff from the animal waste. Now that the use is changing the pond may be unnecessary. Because of hazards of open water in proximity to the boardwalk the structure should either have rails or the pond should be filled and/or relocated. The Riverside Park depicts an amphitheatre but does not show a base for performances. This item should be clarified and adjusted as needed to correspond with any changes to the nearby existing runoff pond. Alignment and character of certain trail segments should be adjusted to remove potential hazards from offset intersections or help the flow of users move more smoothly. Due to the requested extended approval period and the essential nature of parks and open spaces in establishing the character of the development, the presence or absence of parks and open spaces will have a significant influence on ensuring that the character of the proposed development remains intact over the 10 year approval period. Therefore, to ensure adequate pedestrian circulation and help establish greater certainty in development over time, the applicant should provide easements for all parks and trails outside of parks in all phases with the initial final plat. Q. Neighborhood Center Plan: The commercial development centered around the intersection of Griffin Drive and Story Mill Road is the neighborhood center for this subdivision. It is located within 600 feet of the geographic center of the subdivision. 385 R. Lighting Plan. The custom lighting plan in found in Subdivision Application, Volume III, Tab 14 and is subject to final review and approval. The lighting plan appears to satisfy the intent and purpose of the City’s lighting standards. The subdivision street lighting shall be installed by the developer as part of the subdivision improvements with each phase. S. Miscellaneous: Story Mill Neighborhood subdivision is proposed in conjunction with a Planned Unit Development and therefore must comply with the approved final PUD Plan, development guidelines and all conditions of approval for the Conditional Use Permit as well as all provisions of code not modified and all conditions of subdivision approval. On or near the subdivision, there is no known health, safety hazards or other nuisances, such as unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with seismic activity. As noted in the submittal the Idaho Pole Controlled Groundwater Area (IPCGA) is immediately south of the development area. No work is proposed within the IPCGA, therefore no impact on the project is anticipated. Should the boundaries of the IPCGA be amended to include portions of the Story Mill Neighborhood project by the State of Montana then any future development would need to address that issue. Chapter 17.02, Workforce Housing, BMC establishes certain requirements for provision of price restricted housing. The review of this subject is occurring through the PUD process. Some final outcomes of the PUD review may manifest in final plats of each phase. No subdivision conditions are proposed related to this subject. 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 demonstrates 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, the WRB, the RPAB Subdivision Review Committee 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. See also discussion above. 1. Effects on Agriculture. The property is annexed, and has been zoned and master planned for development. 2. Effects on Agricultural Water User Facilities. A ditch crosses a portion of the property. Applicants have depicted a maintenance easement for the 386 use of the ditch owners. The applicant must ensure that agricultural water levels will be maintained. In addition, the Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality, and Army Corps of Engineer's must 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. 3. Effects on Local Services. Water/Sewer: The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior substantial completion and City acceptance of required water and sewer infrastructure improvements, unless otherwise permitted under request for concurrent construction as described in the BMC. Water and sewer main extensions must be completed or financially guaranteed prior to final plat approval. The City needs to acquire water rights to keep up with the growing demand for municipal water service. In keeping with the City’s policy, water rights or cash-in-lieu not already provided with annexation must be paid prior to final plat approval. Police/Fire: The property is within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. Streets: See comments under item L above. Street improvements, including lighting, must be completed or financially guaranteed prior to final plat approval. Stormwater Management: The standard requirement for a Stormwater Master Plan applies to this project. The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior substantial completion and City acceptance of required stormwater infrastructure improvements, unless otherwise permitted under the BMC. Stormwater improvements must be completed or financially guaranteed prior to final plat approval. 4. Effects on the Natural Environment. Applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Board. An executed Memorandum of Understanding has been entered into with the County Weed Board and a copy has been provided with the preliminary submittal. Based on the geotechnical information provided, staff is recommending that the following information shall be included with the final plat for blocks 10-18. 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 387 with each Building Permit. The project has been presented as a development with many sustainable and energy efficient features. See PUD Application, Volume I, Tab 1J. Reuse of buildings, reduction in construction waste, multi-modal transportation support, and similar actions will reduce the environmental impacts of the project. Increased population density will minimize the amount of land consumed by development and increase energy efficiency of the project. 5. Effects on Wildlife and Wildlife Habitat. Applicants have designed the subdivision to largely avoid the wetlands present on the property. Specific standards have been included in the Development Manual which will provide identification and buffering of wetlands. As discussed above, it is recommended to remove or relocate several trail segments which currently cross wetlands. There are no known endangered or threatened species on the property. As discussed above under items E and F there are species present which could conflict with human uses. Conditions have been established to mitigate the concern. Provisions have been made for long term protection of open spaces which will provide diverse habitat for animals. The storm water capture and treatment system will reduce water quality impacts and protect stream habitat for aquatic species. See items E and F and review criteria 4 above for additional discussion. 6. Effects on Public Health and Safety. Because municipal sewer will service future development in the subdivision, the threat of groundwater degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. The intent of the regulations in the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed and determined to be in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision complies or will comply with survey requirements of the Montana Subdivision and Platting Act and will be filed as a final plat in accordance with the state statute and the Bozeman Municipal Code upon completion of required improvements and conformance with law and conditions. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. 1) 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 388 Code or state law. The special standards approved through the Planned Unit Development, Z-07159, supersede certain zoning requirements and shall therefore be equally enforceable as any other zoning requirement. 2) Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. Notes describing RSLs shall indicate the correct section of the code. 3) Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 4) Covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public pathway/trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. 5) Prior to final plat or final PUD plan approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. 6) Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P. 7) The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital 389 copies; one (1) PDF copy; and five (5) paper prints or such standards for documentation as the City may require at the time of Final Plat application. 8) If it is the subdivider’s intent to file the plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, 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 subdivider shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 9) 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 has been satisfactorily addressed, and shall include a digital copy (PDF) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 10) Stormwater Master Plan: (a) 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. (b) 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. (c) 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. (d) While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 11) 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 390 improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. 12) No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent construction. 13) 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. 14) City standard sidewalks, or special standard sidewalks approved through the PUD, shall be constructed on all public street or public access street easement 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 requirement shall be included on the final plat for the subdivision. 15) The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 16) Flood plain: (a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any work within the delineated 100 year floodplain. (b) The 100 year flood plain boundary and flood elevations must be depicted on the final plat. (c) Culvert sizing design calculations shall be provided for the stream crossing. (d) All buildings must be flood proofed to at least 2' above the 100 year flood elevation. Elevation Certificates must be provided for each building following completion of construction. 17) 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. 18) Ditch relocation: (a) The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, 391 Turbidity exemption, etc.) shall be obtained prior to FSP approval. (b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation unless a relaxation has been approved as part of the PUD. 19) 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. All weather access roads shall be installed to any manholes that are not located in an improved area. 20) Project phasing shall be clearly defined including installation of infrastructure. 21) 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. 22) 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. 23) 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. 24) If the use of impact fees is going to be pursued as mentioned throughout the preliminary plat submittal, they must be applied for through a separate process. Preliminary plat approval would not constitute a request or approval of the use of impact fees. Impact fee credits may be requested in accordance with the provisions of Chapter 3.24, BMC. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. A preliminary plat application was submitted on July 3, 2007. The required acceptability letter was sent on July 11, 2007. The preliminary plat was reviewed by the DRC on July 18 and 25, 2007. During the review a problem was identified regarding owner signatures. Rather that having the application deemed inadequate for review the owners granted extensions until the matter could be corrected. On October 15, 2007 the City received a court order from the Montana 18th Judicial Circuit Court authorizing the City to continue the review while the matter of owner’s signatures was resolved. The DRC, with the owner’s representatives present, then conducted its final review and found the subdivision adequate for review on 392 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 23 of 33 October 24, 2007. A conditional recommendation of approval was forwarded for consideration by the Planning Board and City Commission. The required adequacy letter was mailed on October 30, 2007. The hearings before the Planning Board and the City Commission have been properly noticed, as required in the Bozeman Municipal Code. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, October 21, 2007. The site was posted with a public notice on October 19, 2007. Notice was sent to adjacent property owners via certified mail, and to other property owners of record within 200 feet of the subject property via first class mail, on October 18, 2007. The City had compiled a list of interested persons who had provided a mailing address. On October 22, 2007 the City sent notice to the interested persons via first class mail. The subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its November 6, 2007, public hearing. The City Commission will make a final decision at the December 3, 2007 public hearing. A final decision for a major subdivision from a tract of record must be made within 60 working days of the date it was deemed adequate or in this case by January 23, 2008. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. There are a number of existing easements across the site. Some items, such as the City’s Lyman Creek water main, are in active use. Others, such as the Sabena sewer, have not been in use and conflict with the proposed subdivision design. As part of the subdivision improvements for each phase all inactive easements or those in conflict with the layout shall be abandoned or relocated to avoid negative impacts on lots or open spaces. Applicants shall work with the private utilities serving the subdivision to arrange utility locations. 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 from dedicated public streets or private streets with public access easements. Easements will be provided with or prior to the first final plat. Access to the subdivision is by state highways or other existing legally established rights of way. The PUD has proposed some shared parking facilities. Reciprocal easements will be provided with site development to ensure access. PUBLIC COMMENT One letter of opposition has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1) Development of the subdivision shall conform with the City of Bozeman adopted standards and 393 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 24 of 33 practices except where special standards have been established through the subdivision or zoning planned unit development approval process. If a special standard has been adopted then development shall conform to the special standard. 2) Easements for all streets in all phases shall be provided at the time of the final plat submittal for the first phase. Easements for streets not included within the outer boundaries of the first phase final plat shall be separate easement documents distinct from the plat of the first phase. Improvements to streets not required for phase one are not required to be installed until the phase containing that portion of street is developed. 3) Easements for all public parks and open spaces accessible to the public throughout the whole of the project shall be provided at the time of the final plat submittal for the first phase. Easements for public parks and open spaces accessible to the public, but outside of the first phase, shall be separate easement documents distinct from the plat of the first phase. Improvements to parks and open spaces are not required until the phase containing that portion of street is developed. 4) An easement shall be provided for all publicly available trails outside of dedicated parks. Minimum easement width is 25 feet. 5) The conflict between the ditch easement and future parking garage on Block 5, Lot 2 shall be corrected so the two do not overlap with the full twenty foot wide ditch easement. 6) All existing easements which conflict with proposed lot and block layouts shall be abandoned and/or relocated not later than the time of final plat of the applicable phase so that easements will not interfere with development of lots as depicted on the preliminary plat. 7) Water rights or cash in-lieu of water rights shall be provided in an amount determined by the City Engineer in accordance with the City’s water rights policy at the time of final subdivision plat submittal for each phase or evidence of previous provision shall be provided. 8) The requested approval period of 10 years for completion of all phases as shown in Subdivision Application, Volume 3, Tab 20 of the preliminary plat submittal materials is approved so long as development occurs in conformance with the subdivision design and the companion planned unit development. The extended approval period for all phases of the subdivision shall not exceed 10 calendar years after the date the preliminary plat findings of fact for the first phase are signed by the Mayor. The City Commission may, at the written request of the subdivider, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in §18.74.060, BMC. a) Design standards for water or sewer infrastructure shall not be restricted by this limitation on final platting but shall be applied as may be in effect at the time the City reviews plans and specifications for water or sewer main extensions or service lines. b) Prior to the expiration of the 10 calendar year period, if one or more major changes in the project as defined in 18.36.060, BMC occur then all future final plats shall conform with any 394 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 25 of 33 updated regulations unless a specific deviation has been granted or an alternative standard has been approved. c) With the exception of the initially requested phases 1 and 2, no subsequent phase improvements shall commence until a previous phase is completed, including but not limited to final platting and City acceptance of water and sewer, and where appropriate street, infrastructure without written specific approval of the City. 9) Concurrent construction of infrastructure and buildings is approved for Phases 1&2 only as requested in preliminary plat application Volume 3, Tab 20. Prior to initiating concurrent construction the PUD Final Site Plan must be given final approval by the City and all requirements of Section 18.74.030.D, BMC shall be met. Emergency and landowner access to Hillside Lane must be provided at all times. 10) The Cultural resource survey shall be completed prior to any phase beginning construction. Any discovered items or sites of historic significance shall be documented prior to commencement of construction and shall be preserved where possible. The Historic American Buildings Survey (HABS) and the Historic American Engineering Record (HAER) standards for documentation shall be used as may be most appropriate. 11) Street trees shall be installed concurrently with street improvements across all street frontage not adjacent to a private lot and shall be furnished with irrigation prior to or concurrent with tree planting. 12) Street designs shall be modified to incorporate transit stops per 18.44.120, BMC 13) On Blocks 10-18 no basements shall be permitted and crawl spaces are discouraged due to extremely high groundwater. The restriction shall be included in the covenants and notation shall be placed on the plat identifying the presence of restrictive covenants. A detail soils report and Engineer’s Certification shall be provided with any building permit which includes subgrade parking structures showing how soils and groundwater limitations have been overcome. 14) As allowed in Section 18.50.090, BMC, a single park plan for the entire development has been submitted and easements provided to secure the parkland. Each Phase of the development shall draw against the amount of parkland provided with the first phase and the total amount required shall not exceed that provided with the first phase. Additional conditions of approval regarding parkland are contained in the planned unit development approval. 15) The alternative street lighting standard requested has satisfied the intent and purpose of 18.42.150 and has been deemed acceptable as allowed in Section 18.42.150.B, BMC. 16) The covenant provisions for maintenance of private streets must be coordinated during construction so the site developer is responsible for cleaning construction waste from the streets. 17) The overall and all sub-area covenants shall include a description of how the first meetings of each association will be initiated and carried through to transfer control to unit owners after the 395 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 26 of 33 developer no longer has direct control of each phase or building site. 18) The covenants and property owner’s association by-laws shall include language satisfactory to the Director of Public Service describing how assessments, including Special Improvement District and Maintenance District charges, are charged to unit owners. 19) The covenants shall include a provision prohibiting alteration of wetlands on public, common, or private lands within the development without appropriate permits. On individual privately owned lots property owner association approval shall also be obtained prior to any wetland alteration. The covenant language shall be consistent with the section currently numbered 2M5 of the Development Manual. 20) Lot boundaries shall be adjusted as needed so that delineated wetlands do not lie within areas other than clearly and permanently demarcated and identified restricted activity areas per Section 2M of the Development Manual, parks, or open spaces unless a formal permit for wetland impacts has been identified. 21) The location of mailboxes shall be coordinated with the Engineering Department prior to their installation. 22) A deviation to Section 18.42.180.C, BMC for Block 1, Lot 5 and Block 20, Lot 1 to allow an RSL lot in excess of 5,000 square feet was approved through the planned unit development. However, the buildings constructed on such lots were not approved to exceed the size which would have been allowed had the lots remained at 5,000 square feet in area. The additional lot area shall not count towards the land area required to be provided for RSLs and the standard shall be satisfied in an alternative manner. The table in preliminary plan application Volume I, Tab 4 shall be updated to demonstrate compliance with Section 18.42.180, BMC. 23) Developer shall change the depicted 1 inch water service lines to individual dwellings or coordinate proper transition to standard meter sizes with the Water Department prior to submitting plans and specifications for water mains. 24) Street lights shall be installed at the time of street installation and shall be considered street infrastructure for the purposes of issuance of building permits. 25) 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 has been satisfactorily addressed, and shall include a digital copy (PDF) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 26) The remainder of the original tracts of record (and of each phase of the subdivision) shall, if shown on a final plat but not fully served with municipal utilities, 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 396 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 27 of 33 public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. The following language shall either be placed on the face of the plat or in a separate executed document to be recorded with the final plat. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot XX, of Story Mill Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 18.74 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off-site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot XX of Story Mill Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 27) All subdivision final plats shall comply with the final approved PUD plan and Development Guidelines for the Story Mill Center Planned Unit Development. 28) The dedicated parks or park easements shall be titled “Public Park” on the final plat. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat, or a note included on the plat directing persons to a separate executed document to be recorded with the final plat, describing ownership and maintenance responsibility for all parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the city and maintained by the property owners association; and open space, public access, owned by the property owners, maintained by the property owners association, etc. Park land, open space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered. 29) Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 30) Street lighting SILD information for operation and/or maintenance shall be submitted to the City Clerk within 60 days 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. 31) The design for the Oak Street/L Street connector shall be completed, including acceptance by the City of the design, prior to the initiation of Phase 5 of the development. If the updated Traffic 397 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 28 of 33 Impact Study to be provided with each phase indicates that the connector is required to meet level of service standards then the connector shall be constructed prior to the final plat for that phase. 32) Each final plat shall include necessary private utility easements to enable provision of utilities to satisfy the intent and requirements of Section 18.42.060, BMC. 33) Any street shown as part of the overall development plan to be underlain by a structure shall be provided as a public street easement to be maintained privately and shall not be a right-of-way dedicated to the public. 34) Not later than at the time of the first application for final plat approval the means of providing cash-in-lieu of parkland shall be decided. The required cash-in-lieu of parkland may be provided in accordance with Section 18.50.030, BMC by: a) Making a single lump sum payment for all funds due for the entire project at the time of the first final plat. b) Constructing trails within phases of the project as allowed by Section 18.50.070.A.1. If this option is selected a new appraisal for land value for comparison against trail installation costs must be provided per 18.50.030 with each phase. c) Making individual payments for each phase at the time of final plat. If this option is selected a new appraisal for land value must be provided per 18.50.030 with each phase. d) A combination of options b and c. Applicant shall specify their choice of options not later than the first final plat and preferably at the time of final site plan for the PUD. 35) The trails crossing the wetlands in Blocks 13 and 15 shall be removed from the trail and open space plan. The trail crossing Block 14 in open space (PH 10 OS-5) between Lots 2 and 3 shall be removed from the trail and open space plan. The trail crossing Block 12 (PH 10 OS-2) shall be relocated to cross the wetland at a narrow point instead of through the breadth of the wetland. The trail crossing the wetland in Block 14 and adjacent to Lot 1 (PH 10 OS-6) shall be adjusted to encroach into the wetland only along the edge. 36) Park plan specific revisions as noted below shall be included with the final plat or the Final PUD plan whichever comes first. Grading, seeding, and park development shall conform to the City’s adopted standards in place during the construction of each phase. Developer is encouraged to place trash receptacles as called for in the individual park plans at trail junctions at the time each trail segment is constructed. The overall conceptual trail plan shall be adjusted to correspond with the detailed plans on the L200 series of sheets. Specific revisions to park plans are: a) Meadow Park – Grading and grass is a minimum standard and must be installed by the developer as are the street trees along public spaces. The sidewalk along Monad shall be concrete with a Class IIA natural fines trail located between the sidewalk and E. Gallatin river with a moderate meander in alignment and coordinated with large vegetation. Sidewalk width along Monad may be reduced from 12 feet to 8 feet if the Class IIA trail is installed. Interior lighting within the park as shown in the lighting plan shall be installed with initial park development. 398 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 29 of 33 b) Woodland Park – The park is depicted as non-irrigated. Irrigation is needed at least for establishment period with at minimum a hose bib for future needs for intermittent irrigation. Applicant shall coordinate with the Park Superintendent to identify location and type of appropriate irrigation. c) Entry Park – The storm water feature depicted needs to be installed as part of storm water system and is therefore part of developer’s obligation not the property owners association. d) Riverfront Park – The initial grading and placement of grass is a minimum standard which must be satisfied by the developer rather than the future property owners association. The proposed litter receptacles need to be installed in advance of, or simultaneously with, the pole barn rebuild and amphitheatre. The amphitheatre appears to be in conflict with the wetlands adjacent to the existing runoff pond and does not appear to have a performance area. If the run off pond is removed the boardwalk shall be adjusted as needed. e) Linear Park – Climbing stones shall be located so there is an adequate fall zone in proximity to each climbing stone which does not interfere with trail use or adjacent property. f) Wetland Park – The initial grading and placement of grass is a minimum standard which must be satisfied by the developer rather than the future property owners association. Storm water feature needs to be installed as part of storm water by the developer with the applicable phase to be served by the storm water feature. The trail section coming north from the mid-block crossing of Mckinsie Way to its intersection with the trail going to the northeast shall be changed from concrete to natural fines and be widened to six feet. g) Trail network i) General – Trails terminating or crossing at street intersections shall be configured to direct users to cross at crosswalk areas. ii) The intersection of the Story Mill Spur Trail with Story Mill Road shall be adjusted to intersect at the corner of Story Mill Road and Monad Street to reduce likelihood of mid- block crossings. Appropriate signage shall be installed per MUTCD to advise of the multi- user type junction and encourage caution, especially for bicyclists. iii) The trail leaving Meadow Park and connecting to the bridge to the south should be a natural fines trail with an appropriate transition to the paved trails within Meadow Park. iv) The linear trail offset crossing of Olympian Avenue needs to be adjusted so that the end points of the trails and the crosswalk align. v) The trail cutting across the northeast corner of Block 17 shall be deleted from the trails plan. vi) Easements for future trails. Standard width trail easements, but not trail construction, shall be provided along the east side of Bozeman/Sourdough Creek on Blocks 10 and 11 to enable future connection of trails when access to adjacent property becomes available. A standard width trail easement, but not trail construction, shall be provided along the west side of the East Gallatin River on Block 9 to enable future connection of trails when access to adjacent property to the south becomes available. 37) Developer shall coordinate placement of trash receptacles with Montana Department of Fish Wildlife and Parks to reduce likelihood of wildlife/human interaction. All exterior trash or litter containers shall be of a design accepted by the Montana Department of Fish Wildlife and Parks as being bear resistant. PUD application Volume 1, Parks and Open Space Plan, p. 40 shall be revised section to include bear resistant trash cans 399 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 30 of 33 38) Prior to beginning any construction within a public park the developer’s engineer and contractor shall hold a pre-construction conference with the Parks Superintendent. 39) For all phases not granted approval for concurrent construction, park improvements shall begin prior to final site plan approval of any building within the phase. For all phases all minimum park improvements applicable to that phase shall be completed and accepted by the City prior to any issuance of building occupancy. 40) All boardwalks shall be wide enough for two persons/cyclists to pass, have vertically raised edges, and where adjacent to open water have railings extending at least five linear feet beyond the edge of water. Boardwalks along Griffin Drive shall be a minimum of six feet in width. The boardwalk crossing the pond in Riverfront Park shall be a minimum of eight feet in width. 41) Final open space drawings shall include the watercourse plantings required by Section 18.42.100, BMC. 42) The shared use trail depicted in the transportation plan to be built along Bridger Drive shall be constructed concurrent with the adjacent phase of development. If the Montana Department of Transportation has completed a design for the trail as part of the proposed rebuild of N Rouse/Bridger Drive the trail construction shall conform to that design. If the Montana Department of Transportation has scheduled the construction of the trail within 2 years of the commencement of construction of the adjacent phase the requirement to construct the trail shall not apply. 43) The overlook trail on Story Hills shall be configured to avoid tree cover which provides important wildlife habitat. 44) Section 18.78.070.D, BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review as part of the PUD final site plan submission. The individual park plans shall address all of the criteria outlined in Section 18.78.060.P and conditions of approval for the PUD or subdivision. Final plans may be provided as part of the PUD final site plan or with each phase. 45) All water reuse lines will be of a color and material that is approved by the city. These lines will be installed with tracer wire. These lines will be located by a service that receives locate requests via the Montana One Call Locate System 1-800-424-5555, not by the City of Bozeman. All water reuse lines in proximity to water or sewer mains shall be included on any as built drawings submitted to the City of Bozeman. 46) Story Mill Road shall be improved to the Collector standard as specified in the Transportation Plan along the entire frontage of the subdivision including tapers on the south end meeting AASHTO standards. It shall be paved to a 24’ wide county road standard from the southern boundary of the subdivision to the end of the existing asphalt north of Front Street. All of the 400 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 31 of 33 improvements to Story Mill Road shall be completed with Phase I of the subdivision. 47) A total of 60’ of right of way, measured from the centerline of the existing road, shall be dedicated for Bridger Drive (one half a principal arterial standard). 48) All streets that do not meet the typical section standards shown in the Greater Bozeman Area Transportation Plan shall be privately maintained. The private streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. 49) A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Bridger Drive. 50) Road geometry should meet the criteria in the COB design standards unless a deviation can be justified. The justification must include calculations to support the reduced standards, not just a discussion of why the deviation is being requested. 51) All intersections (public and private) not meeting the separation distance required by section 18.44.090.D of the UDO shall be eliminated or revised to comply unless the information required by section 18.44.090.H to grant a deviation by is provided to and approved by the City Engineer. 52) 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. All phases shall have an approved secondary access. 53) Public access easements shall be provided for any pedestrian facilities located outside of the dedicated right of way. 54) All bridges are the jurisdiction of, and shall be reviewed and approved by the County Road and Bridge Department, or shall be private if the County does not take jurisdiction. 55) All improvements necessary to provide adequate level of service at the analyzed intersections shall 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 unless approved for concurrent construction. If approved for concurrent construction, no occupancy will allowed until all required improvements are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Rouse/Bridger Drive. 56) 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. 57) 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. 401 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 32 of 33 58) A relaxation must be granted for all locations where sidewalk only on one side of the road and/or for all locations where sidewalks constructed of material other than concrete is being proposed. 59) 100-year flood elevations shall be delineated 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. The edge of the floodplain is the setback in locations that it extends further than the watercourse setback. 60) All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Private utilities are not allowed within the public right of way and shall be installed in easements on the private lots. 61) All necessary permits must be obtained associated with the Idaho Pole groundwater control area, and all construction activities shall be in compliance with the regulations regarding that site. 62) The water main in Story Mill Drive shall be a minimum 10” diameter south of Griffin Drive as shown in the Water Facility Plan. 63) The relocation of the 18” water main shall be completed in its entirety at one time rather than in pieces on a phase by phase basis as proposed. The existing main shall be removed everywhere it is under right of way or lots. Where it is within lot areas, it may be removed as part of the onsite development. If deferred to the time of site development, a note shall be added to the plat informing future lot owners of this requirement. 64) The Sebena sewer system shall be removed as part of the infrastructure for that phase of the subdivision as detailed in preliminary sewer design report. Any on-site septic systems shall be pumped and removed and properly disposed of. 65) The sewer maps within the preliminary design report conflict with one another regarding proposed pipe sizes within the subdivision. Final review and approval of the design report will occur at the time of infrastructure review. 66) The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all downstream offsite sewer improvements that are required to provide the necessary capacity. 67) Some of the methodology used in the preliminary stormwater plan does not appear to meet the COB design standards. Final review and approval of the design reports will occur at the time of infrastructure review. 68) The concrete storage reservoir/detention facilities shall be sized to provide the minimum required volume for a detention pond. 69) An updated Traffic Impact Study shall be submitted for each phase of the subdivision as proposed in the preliminary plat submittal. 402 # P-07032 Story Mill Neighborhood Subdivision Preliminary Plat: Staff Report 33 of 33 CONCLUSION / RECOMMENDATION Pursuant to Section 18.06.040.D of the Bozeman Municipal Code, the Planning Board reviewed 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 recommended approval of the preliminary plat application. The Board has provided advice and comments to the Bozeman City Commission for its consideration at its Monday, December 3, 2007, hearing which begins at 6:00 p.m. The Planning Board Resolution #P-07032 and minutes from the Planning Board’s November 6, 2007, meeting has been forwarded to the City Commission and made a part of the Commission’s record. BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN PLANNING BOARD MADE 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 CHAPTER 18.66 OF THE BOZEMAN MUNICIPAL CODE. cc: Blue Sky Development, Inc., 6730 Tawny Brown Lane, Bozeman, MT 59718 Wake Up, Inc., 402 Bonner Ln., Bozeman, MT 59715 Hyalite Engineers 1111 Research Drive, Bozeman MT 59718. 403 The Story Mill Neighborhood Subdivision 1 RESOLUTION #P-07032 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, IN CONJUNCTION WITH A ZONING PLANNED UNIT DEVELOPMENT WITH DEVIATIONS, TO SUBDIVIDE 106.7 ACRES INTO 135 LOTS FOR SINGLE-HOUSEHOLD RESIDENTIAL LOTS, MULTI-HOUSEHOLD RESIDENTIAL, MIXED USE/COMMERCIAL, ATTACHED SINGLE HOUSEHOLD AND 32 PARK AND OPEN SPACE LOTS. THE PROPERTY IS ANNEXED WITH ZONING DESIGNATIONS OF B-1 (NEIGHBORHOOD BUSINESS DISTRICT), B-2 (COMMUNITY BUSINESS DISTRICT), M-1 (LIGHT MANUFACTURING DISTRICT), R-S (RESIDENTIAL SUBURBAN DISTRICT), R-2 (RESIDENTIAL TWO-HOUSEHOLD, MEDIUM DENSITY DISTRICT), AND R-4 (RESIDENTIAL HIGH DENSITY DISTRICT), AND IS LEGALLY DESCRIBED AS CERTIFICATE OF SURVEY 2547 AND TRACT 18, NORTHEAST ANNEXATION, LOCATED IN NW¼ OF SECTION 5, AND NE¼ OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, AND THE SE¼ OF SECTION 31 AND THE SW¼ OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA, GENERALLY LOCATED EAST OF N ROUSE AVENUE, SOUTH OF BRIDGER DRIVE AND ON EITHER SIDE OF GRIFFIN DRIVE AND STORY MILL ROAD. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner, Blue Sky Development and Wake Up, Inc., and representative, Hyalite Engineers, submitted a Major Subdivision Preliminary Plat Application, in conjunction with a zoning planned unit development with deviations, to subdivide 106.7 acres, located east of North Rouse Avenue, south of Bridger Drive and on either side of Griffin Drive and Story Mill Road, into 135 single-household residential, multi-household residential, mixed use/commercial lot, attached single household lots and 32 park and open space lots and the remaining area as streets and alleys, on property described as the Certificate Of Survey 2547 And Tract 18, Northeast Annexation, Located In NW¼ of Section 5, and NE¼ of Section 6, Township 2 South, Range 6 East, and the SE¼ Of Section 31 and the SW¼ of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Chapters 18.06 and 18.76 of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, November 6, 2007, to review the application, staff report, and any written or spoken public testimony on the request for said Major Subdivision Preliminary Plat Application; and 404 The Story Mill Neighborhood Subdivision 2 WHEREAS, two members of the public provided testimony expressing concern regarding configuration of trails and parks; and WHEREAS, one member of the public spoke regarding the construction of the Oak Street Connector; and WHEREAS, four members of the public submitted written comments regarding the construction of the streets and installation of improvements, expressing support for the project, opposing the project and its impacts of character of the community, and identifying other issues more appropriately addressed through the PUD; and WHEREAS, members of the City of Bozeman Planning Board discussed the phasing of the subdivision and assurance of mitigation of impacts, concurrent construction, provision of utilities, park land and trails, lot design, workforce housing compliance, wetlands, wildlife, groundwater, parking structures, and how the Leadership in Energy and Environmental Design was integrated with the City’s review process; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a vote of 9-0, recommends to the Bozeman City Commission that the application to subdivide 106.7 acres, located east of North Rouse Avenue, south of Bridger Drive and on either side of Griffin Drive and Story Mill Road, into 135 single-household residential, multi-household residential, mixed use/commercial lot, attached single household lots and 32 park and open space lots and the remaining area as streets and alleys, on property described as the Certificate Of Survey 2547 And Tract 18, Northeast Annexation, Located In NW¼ of Section 5, and NE¼ of Section 6, Township 2 South, Range 6 East, and the SE¼ Of Section 31 and the SW¼ of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, be conditionally approved subject to the following conditions: 1) Development of the subdivision shall conform with the City of Bozeman adopted standards and practices except where special standards have been established through the subdivision or zoning planned unit development approval process. If a special standard has been adopted then development shall conform to the special standard. 2) Easements for all streets in all phases shall be provided at the time of the final plat submittal for the first phase. Easements for streets not included within the outer boundaries of the first phase final plat shall be separate easement documents distinct from the plat of the first phase. Improvements to streets not required for phase one are not required to be installed until the phase containing that portion of street is developed. 3) Easements for all public parks and open spaces accessible to the public throughout the whole of the project shall be provided at the time of the final plat submittal for the first phase. Easements for public parks and open spaces accessible to the public, but outside of the first phase, shall be 405 The Story Mill Neighborhood Subdivision 3 separate easement documents distinct from the plat of the first phase. Improvements to parks and open spaces are not required until the phase containing that portion of street is developed. 4) An easement shall be provided for all publicly available trails outside of dedicated parks. Minimum easement width is 25 feet. 5) The conflict between the ditch easement and future parking garage on Block 5, Lot 2 shall be corrected so the two do not overlap with the full twenty foot wide ditch easement. 6) All existing easements which conflict with proposed lot and block layouts shall be abandoned and/or relocated not later than the time of final plat of the applicable phase so that easements will not interfere with development of lots as depicted on the preliminary plat. 7) Water rights or cash in-lieu of water rights shall be provided in an amount determined by the City Engineer in accordance with the City’s water rights policy at the time of final subdivision plat submittal for each phase or evidence of previous provision shall be provided. 8) The requested approval period of 10 years for completion of all phases as shown in Volume 3, Tab 20 of the preliminary plat submittal materials is approved so long as development occurs in conformance with the subdivision design and the companion planned unit development. The extended approval period for all phases of the subdivision shall not exceed 10 calendar years after the date the preliminary plat findings of fact for the first phase are signed by the Mayor. The City Commission may, at the written request of the subdivider, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in §18.74.060, BMC. a) Design standards for water or sewer infrastructure shall not be restricted by this limitation on final platting but shall be applied as may be in effect at the time the City reviews plans and specifications for water or sewer main extensions or service lines. b) Prior to the expiration of the 10 calendar year period, if one or more major changes in the project as defined in 18.36.060, BMC occur then all future final plats shall conform with any updated regulations unless a specific deviation has been granted or an alternative standard has been approved. c) With the exception of the initially requested phases 1 and 2, no subsequent phase improvements shall commence until a previous phase is completed, including but not limited to final platting and City acceptance of water and sewer, and where appropriate street, infrastructure without written specific approval of the City. 9) Concurrent construction of infrastructure and buildings is approved for Phases 1&2 only as requested in preliminary plat application Volume 3, Tab 20. Prior to initiating concurrent construction the PUD Final Site Plan must be given final approval by the City and all requirements of Section 18.74.030.D, BMC shall be met. Emergency and landowner access to Hillside Lane must be provided at all times. 10) The Cultural resource survey shall be completed prior to any phase beginning construction. Any 406 The Story Mill Neighborhood Subdivision 4 discovered items or sites of historic significance shall be documented prior to commencement of construction and shall be preserved where possible. The Historic American Buildings Survey (HABS) and the Historic American Engineering Record (HAER) standards for documentation shall be used as may be most appropriate. 11) Street trees shall be installed concurrently with street improvements across all street frontage not adjacent to a private lot and shall be furnished with irrigation prior to or concurrent with tree planting. 12) Street designs shall be modified to incorporate transit stops per 18.44.120, BMC 13) On Blocks 10-18 no basements shall be permitted and crawl spaces are discouraged due to extremely high groundwater. The restriction shall be included in the covenants and notation shall be placed on the plat identifying the presence of restrictive covenants. A detail soils report and Engineer’s Certification shall be provided with any building permit which includes subgrade parking structures showing how soils and groundwater limitations have been overcome. 14) As allowed in Section 18.50.090, BMC, a single park plan for the entire development has been submitted and easements provided to secure the parkland. Each Phase of the development shall draw against the amount of parkland provided with the first phase and the total amount required shall not exceed that provided with the first phase. Additional conditions of approval regarding parkland are contained in the planned unit development approval. 15) The alternative street lighting standard requested has satisfied the intent and purpose of 18.42.150 and has been deemed acceptable as allowed in Section 18.42.150.B, BMC. 16) The covenant provisions for maintenance of private streets must be coordinated during construction so the site developer is responsible for cleaning construction waste from the streets. 17) The overall and all sub-area covenants shall include a description of how the first meetings of each association will be initiated and carried through to transfer control to unit owners after the developer no longer has direct control of each phase or building site. 18) The covenants and property owner’s association by-laws shall include language satisfactory to the Director of Public Service describing how assessments, including Special Improvement District and Maintenance District charges, are charged to unit owners. 19) The covenants shall include a provision prohibiting alteration of wetlands on public, common, or private lands within the development without appropriate permits. On individual privately owned lots property owner association approval shall also be obtained prior to any wetland alteration. The covenant language shall be consistent with the section currently numbered 2M5 of the Development Manual. 20) Lot boundaries shall be adjusted as needed so that delineated wetlands do not lie within areas other than clearly and permanently demarcated and identified restricted activity areas per Section 2M of the Development Manual, parks, or open spaces unless a formal permit for wetland impacts has 407 The Story Mill Neighborhood Subdivision 5 been identified. 21) The location of mailboxes shall be coordinated with the Engineering Department prior to their installation. 22) A deviation to Section 18.42.180.C, BMC for Block 1, Lot 5 and Block 20, Lot 1 to allow an RSL lot in excess of 5,000 square feet was approved through the planned unit development. However, the buildings constructed on such lots were not approved to exceed the size which would have been allowed had the lots remained at 5,000 square feet in area. The additional lot area shall not count towards the land area required to be provided for RSLs and the standard shall be satisfied in an alternative manner. The table in preliminary plan application Volume I, Tab 4 shall be updated to demonstrate compliance with Section 18.42.180, BMC. 23) Developer shall change the depicted 1 inch water service lines to individual dwellings or coordinate proper transition to standard meter sizes with the Water Department prior to submitting plans and specifications for water mains. 24) Street lights shall be installed at the time of street installation and shall be considered street infrastructure for the purposes of issuance of building permits. 25) 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 has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 26) The remainder of the original tracts of record (and of each phase of the subdivision) shall, if shown on a final plat but not fully served with municipal utilities, 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. The following language shall either be placed on the face of the plat or in a separate executed document to be recorded with the final plat. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot XX, of Story Mill Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 18.74 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off-site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot XX of 408 The Story Mill Neighborhood Subdivision 6 Story Mill Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 27) All subdivision final plats shall comply with the final approved PUD plan and Development Guidelines for the Story Mill Center Planned Unit Development. 28) The dedicated parks or park easements shall be titled “Public Park” on the final plat. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat, or a note included on the plat directing persons to a separate executed document to be recorded with the final plat, describing ownership and maintenance responsibility for all parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the city and maintained by the property owners association; and open space, public access, owned by the property owners, maintained by the property owners association, etc. Park land, open space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered. 29) Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 30) Street lighting SILD information for operation and/or maintenance shall be submitted to the City Clerk within 60 days 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. 31) The design for the Oak Street/L Street connector shall be completed, including acceptance by the City of the design, prior to the initiation of Phase 5 of the development. If the updated Traffic Impact Study to be provided with each phase indicates that the connector is required to meet level of service standards then the connector shall be constructed prior to the final plat for that phase. 32) Each final plat shall include necessary private utility easements to enable provision of utilities to satisfy the intent and requirements of Section 18.42.060, BMC. 33) Any street shown as part of the overall development plan to be underlaid by a structure shall be provided as a public street easement to be maintained privately and shall not be a right-of-way dedicated to the public. 34) Not later than at the time of the first application for final plat approval the means of providing cash-in-lieu of parkland shall be decided. The required cash-in-lieu of parkland may be provided in accordance with Section 18.50.030, BMC by: a) Making a single lump sum payment for all funds due for the entire project at the time of the first final plat. b) Constructing trails within phases of the project as allowed by Section 18.50.070.A.1. If this 409 The Story Mill Neighborhood Subdivision 7 option is selected a new appraisal for land value for comparison against trail installation costs must be provided per 18.50.030 with each phase. c) Making individual payments for each phase at the time of final plat. If this option is selected a new appraisal for land value must be provided per 18.50.030 with each phase. d) A combination of options b and c. Applicant shall specify their choice of options not later than the first final plat and preferably at the time of final site plan for the PUD. 35) The trails crossing the wetlands in Blocks 13 and 15 shall be removed from the trail and open space plan. The trail crossing Block 14 in open space (PH 10 OS-5) between Lots 2 and 3 shall be removed from the trail and open space plan. The trail crossing Block 12 (PH 10 OS-2) shall be relocated to cross the wetland at a narrow point instead of through the breadth of the wetland. The trail crossing the wetland in Block 14 and adjacent to Lot 1 (PH 10 OS-6) shall be adjusted to encroach into the wetland only along the edge. 36) Park plan specific revisions as noted below shall be included with the final plat or the Final PUD plan whichever comes first. Grading, seeding, and park development shall conform to the City’s adopted standards in place during the construction of each phase. Developer is encouraged to place trash receptacles as called for in the individual park plans at trail junctions at the time each trail segment is constructed. The overall conceptual trail plan shall be adjusted to correspond with the detailed plans on the L200 series of sheets. Specific revisions to park plans are: a) Meadow Park – Grading and grass is a minimum standard and must be installed by the developer as are the street trees along public spaces. The sidewalk along Monad shall be concrete with a Class IIA natural fines trail located between the sidewalk and E. Gallatin river with a moderate meander in alignment and coordinated with large vegetation. Sidewalk width along Monad may be reduced from 12 feet to 8 feet if the Class IIA trail is installed. Interior lighting within the park as shown in the lighting plan shall be installed with initial park development. b) Woodland Park – The park is depicted as non-irrigated. Irrigation is needed at least for establishment period with at minimum a hose bib for future needs for intermittent irrigation. Applicant shall coordinate with the Park Superintendent to identify location and type of appropriate irrigation. c) Entry Park – The storm water feature depicted needs to be installed as part of storm water system and is therefore part of developer’s obligation not the property owners association. d) Riverfront Park – The initial grading and placement of grass is a minimum standard which must be satisfied by the developer rather than the future property owners association. The proposed litter receptacles need to be installed in advance of, or simultaneously with, the pole barn rebuild and amphitheatre. The amphitheatre appears to be in conflict with the wetlands adjacent to the existing runoff pond and does not appear to have a performance area. If the run off pond is removed the boardwalk shall be adjusted as needed. e) Linear Park – Climbing stones shall be located so there is an adequate fall zone in proximity to each climbing stone which does not interfere with trail use or adjacent property. f) Wetland Park – The initial grading and placement of grass is a minimum standard which must be satisfied by the developer rather than the future property owners association. Storm water feature needs to be installed as part of storm water by the developer with the applicable phase 410 The Story Mill Neighborhood Subdivision 8 to be served by the storm water feature. The trail section coming north from the mid-block crossing of Mckinsie Way to its intersection with the trail going to the northeast shall be changed from concrete to natural fines and be widened to six feet. g) Trail network i) General – Trails terminating or crossing at street intersections shall be configured to direct users to cross at crosswalk areas. ii) The intersection of the Story Mill Spur Trail with Story Mill Road shall be adjusted to intersect at the corner of Story Mill Road and Monad Street to reduce likelihood of mid- block crossings. Appropriate signage shall be installed per MUTCD to advise of the multi- user type junction and encourage caution, especially for bicyclists. iii) The trail leaving Meadow Park and connecting to the bridge to the south should be a natural fines trail with an appropriate transition to the paved trails within Meadow Park. iv) The linear trail offset crossing of Olympian Avenue needs to be adjusted so that the end points of the trails and the crosswalk align. v) The trail cutting across the northeast corner of Block 17 shall be deleted from the trails plan. vi) Easements for future trails. Standard width trail easements, but not trail construction, shall be provided along the east side of Bozeman/Sourdough Creek on Blocks 10 and 11 to enable future connection of trails when access to adjacent property becomes available. A standard width trail easement, but not trail construction, shall be provided along the west side of the East Gallatin River on Block 9 to enable future connection of trails when access to adjacent property to the south becomes available. 37) Developer shall coordinate placement of trash receptacles with Montana Department of Fish Wildlife and Parks to reduce likelihood of wildlife/human interaction. All exterior trash or litter containers shall be of a design accepted by the Montana Department of Fish Wildlife and Parks as being bear resistant. PUD application Volume 1, Parks and Open Space Plan, p. 40 shall be revised section to include bear resistant trash cans 38) Prior to beginning any construction within a public park the developer’s engineer and contractor shall hold a pre-construction conference with the Parks Superintendent. 39) For all phases not granted approval for concurrent construction, park improvements shall begin prior to final site plan approval of any building within the phase. For all phases all minimum park improvements applicable to that phase shall be completed and accepted by the City prior to any issuance of building occupancy. 40) All boardwalks shall be wide enough for two persons/cyclists to pass, have vertically raised edges, and where adjacent to open water have railings extending at least five linear feet beyond the edge of water. Boardwalks along Griffin Drive shall be a minimum of six feet in width. The boardwalk crossing the pond in Riverfront Park shall be a minimum of eight feet in width. 41) Final open space drawings shall include the watercourse plantings required by Section 18.42.100, BMC. 42) The shared use trail depicted in the transportation plan to be built along Bridger Drive shall be 411 The Story Mill Neighborhood Subdivision 9 constructed concurrent with the adjacent phase of development. If the Montana Department of Transportation has completed a design for the trail as part of the proposed rebuild of N Rouse/Bridger Drive the trail construction shall conform to that design. If the Montana Department of Transportation has scheduled the construction of the trail within 2 years of the commencement of construction of the adjacent phase the requirement to construct the trail shall not apply. 43) The overlook trail on Story Hills shall be configured to avoid tree cover which provides important wildlife habitat. 44) Section 18.78.070.D, BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review as part of the PUD final site plan submission. The individual park plans shall address all of the criteria outlined in Section 18.78.060.P and conditions of approval for the PUD or subdivision. Final plans may be provided as part of the PUD final site plan or with each phase. 45) All water reuse lines will be of a color and material that is approved by the city. These lines will be installed with tracer wire. These lines will be located by a service that receives locate requests via the Montana One Call Locate System 1-800-424-5555, not by the City of Bozeman. All water reuse lines in proximity to water or sewer mains shall be included on any as built drawings submitted to the City of Bozeman. 46) Story Mill Road shall be improved to the Collector standard as specified in the Transportation Plan along the entire frontage of the subdivision including tapers on the south end meeting AASHTO standards. It shall be paved to a 24’ wide county road standard from the southern boundary of the subdivision to the end of the existing asphalt north of Front Street. All of the improvements to Story Mill Road shall be completed with Phase I of the subdivision. 47) A total of 60’ of right of way, measured from the centerline of the existing road, shall be dedicated for Bridger Drive (one half a principal arterial standard). 48) All streets that do not meet the typical section standards shown in the Greater Bozeman Area Transportation Plan shall be privately maintained. The private streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. 49) A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Bridger Drive. 50) Road geometry should meet the criteria in the COB design standards unless a deviation can be justified. The justification must include calculations to support the reduced standards, not just a discussion of why the deviation is being requested. 51) All intersections (public and private) not meeting the separation distance required by section 18.44.090.D of the UDO shall be eliminated or revised to comply unless the information required by section 18.44.090.H to grant a deviation by is provided to and approved by the City Engineer. 412 The Story Mill Neighborhood Subdivision 10 52) 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. All phases shall have an approved secondary access. 53) Public access easements shall be provided for any pedestrian facilities located outside of the dedicated right of way. 54) All bridges are the jurisdiction of, and shall be reviewed and approved by the County Road and Bridge Department, or shall be private if the County does not take jurisdiction. 55) All improvements necessary to provide adequate level of service at the analyzed intersections shall 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 unless approved for concurrent construction. If approved for concurrent construction, no occupancy will allowed until all required improvements are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Rouse/Bridger Drive. 56) 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. 57) 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. 58) A relaxation must be granted for all locations where sidewalk only on one side of the road and/or for all locations where sidewalks constructed of material other than concrete is being proposed. 59) 100-year flood elevations shall be delineated 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. The edge of the floodplain is the setback in locations that it extends further than the watercourse setback. 60) All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Private utilities are not allowed within the public right of way and shall be installed in easements on the private lots. 61) All necessary permits must be obtained associated with the Idaho Pole groundwater control area, and all construction activities shall be in compliance with the regulations regarding that site. 62) The water main in Story Mill Drive shall be a minimum 10” diameter south of Griffin Drive as shown in the Water Facility Plan. 63) The relocation of the 18” water main shall be completed in its entirety at one time rather than in 413 The Story Mill Neighborhood Subdivision 11 pieces on a phase by phase basis as proposed. The existing main shall be removed everywhere it is under right of way or lots. Where it is within lot areas, it may be removed as part of the onsite development. If deferred to the time of site development, a note shall be added to the plat informing future lot owners of this requirement. 64) The Sebena sewer system shall be removed as part of the infrastructure for that phase of the subdivision as detailed in preliminary sewer design report. Any on-site septic systems shall be pumped and removed and properly disposed of. 65) The sewer maps within the preliminary design report conflict with one another regarding proposed pipe sizes within the subdivision. Final review and approval of the design report will occur at the time of infrastructure review. 66) The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all downstream offsite sewer improvements that are required to provide the necessary capacity. 67) Some of the methodology used in the preliminary stormwater plan does not appear to meet the COB design standards. Final review and approval of the design reports will occur at the time of infrastructure review. 68) The concrete storage reservoir/detention facilities shall be sized to provide the minimum required volume for a detention pond. 69) An updated Traffic Impact Study shall be submitted for each phase of the subdivision as proposed in the preliminary plat submittal. DATED THIS DAY OF , 2007 Resolution #P-07032 _____________________________ ____________________________ Chris Saunders, Assistant Director JP Pomnichowski, President Department of Planning & Community Development City of Bozeman Planning Board 414 City of Bozeman Planning Board Minutes November 6, 2007 Page 1 MINUTES CITY OF BOZEMAN PLANNING BOARD, TUESDAY, NOVEMBER 6, 2007 7:30 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:00 p.m. and directed the secretary to take attendance. Members present: Staff Present: JP Pomnichowski, President Chris Saunders, Assistant Planning Director Caren Roberty Shoni Dykstra, Planning Secretary Erik Henyon Kaaren Jacobson Brian Caldwell Randy Carpenter Edward Sypinski Eric Roset William Quinn Guests Present: Craig Mendenhall Steve Domreis Katherine Schultz Katryn Mitchell Cory Ravnaas Joby Sabol Scott Carpenter Jami Morris Jeanne Bucher, Boys and Girls Club Michael Bucher Paul L VanOrden Mark Cusack Tom Moore Ray Friesenhahn Representative from Panda Sports Rentals Joyce Miller Tim & Martha Jo Kearns 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.} 415 City of Bozeman Planning Board Minutes November 6, 2007 Page 2 Seeing there was none, President Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF OCTOBER 16, 2007 Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski stated that the minutes of October 16, 2007 will stand as written. ITEM 4. PROJECT REVIEW 1. Major Subdivision Preliminary Plat Application #P-07032 (Story Mill Neighborhood Phases 1-10) - A Major Subdivision Preliminary Plat Application with relaxations through a concurrent Planned Unit Development for the owners, Blue Sky Development, Inc., et al. and Wake Up, Inc., and the representatives, GBD Architects and Hyalite Engineers, to allow the subdivision of ~ 106.651 acres into 166 lots in 10 phases for B-1 (Neighborhood Business District), B-2 (Community Business District) , R-S (Residential Suburban District), R-2 (Residential Two-Household, Medium Density District), and R-4 (Residential High Density District) development. The property is generally located east and south of Bridger Drive, east and west of the intersection of Griffin Drive and Story Mill Road. The various legal descriptions are found on pages 2-3 of the introduction to the application (Saunders) Staff Report: Assistant Planning Director Chris Saunders presented the staff report on Story Mill Neighborhood Preliminary Plat Application for Phases 1 through 10. He noted this discussion was limited to the plat rather than items addressed through the Planned Unit Development application. He noted both applications will be considered by the City Commission on December 3, 2007, and both files could be viewed by the public at the Alfred M. Stiff Professional building. Planner Saunders highlighted an overview of the plat beginning with the Growth Policy Amendment which had been adopted 8 months ago. He noted this was an intensive development with many different ideas contained within it. He noted that the growth policy would be advanced by this application. There are six different zoning districts contained within the application whereas previously the area was primarily industrial. He noted that the application proposed 65 single household lots, 88 multi-household lots, 11 mixed use/commercial lots, 21 attached single household lots, 32 Park and Open Space lots, and 4 mixed use/industrial lots. Planner Saunders noted the applicant was seeking approval for concurrent construction during Phases 1 and 2 of the plat. He noted there were conditions of approval mitigating the health and safety concerns of building concurrently. He stated the applicant’s request of a ten year approval period for the completion of all the phases. He highlighted Planning Staff’s concerns regarding Parks and Open Space, Transportation, and the length of time for development and the related conditions of approval which mitigated those concerns. 416 City of Bozeman Planning Board Minutes November 6, 2007 Page 3 Planner Saunders noted the public comment letters he had received to date. He noted Planning Staff is recommending approval with the conditions of approval. He also noted they are waiting on the Community Affordable Housing Advisory Board’s recommendation on the project which will be received in time to utilize in the presentation before the City Commission. Applicant Presentation Joby Sabol, legal council for the applicant, noted the applicant’s desire to make sure public comment was heard and a part of the legal record. He also noted the inclusion of the application as a part of the record. Cory Ravnaas of Hyalite Engineering located at 1111 Research Drive presented the application on behalf of the applicant. He noted the Board first saw this project as an informal review in early November 2006. He began by noting construction would be a disruption at some point to current land owners in the area no matter how many phases were included. In light of that, Staff have recommended the completion of improvements to Story Mill Road with Phase 1. The applicant’s hope is to have the improvements completed within the course of a single year. Mr. Ravnaas shared that the application is broken down into 30 different blocks. Approximately 80 acres is zoned R-4 most of which is located on the east side of the Gallatin River. He also noted the more complex components of the application are those contained within the PUD application. He noted the applicant’s desire to work with and around the wetlands in the most respectful way. He stated the design of the plan was based on the Story Mill and those areas they needed to stay out of. He also mentioned the conflicting recommendations received from the Wetlands Review Board, GVLT, and the Recreation and Parks Board. He stated that the applicant was supportive of Planner Saunders’ recommendation. Mr. Ravnaas described the process the applicant went through to mitigate concerns regarding traffic. He noted the projected traffic distribution resulted in an estimated 9% of usage being on Wallace Avenue. The applicant had a review of the study done which resulted in various comments about the impact on Wallace Avenue. As a result, the applicant feels it is a reasonable projection. He noted that the TIS indicated a significant amount of offsite traffic improvements in regards to the plat. He noted Staff’s request for an Oak Street Connector which the applicant feels will benefit the City. He noted the Senior Design Group from MSU has been working on designing an overpass there. He feels that the project is feasible, but noted the project will need to be done through a partnership of public and private efforts in support of the greater transportation plan. Mr. Ravnaas concluded his presentation by showing some of the proposed pictures to give a greater idea of the streetscape, and pedestrian amenities within the proposed plan. Questions for Applicant and Staff Caren Roberty asked what the proposed Affordable Housing was for the plat. Mr. Ravnaas stated that the plat had been reviewed by the Community Affordable Housing Advisory Board on November 5, but they had not received any direction from the Board. He noted the City’s requirements called for 417 City of Bozeman Planning Board Minutes November 6, 2007 Page 4 17 units. If they are not able to proceed with the plans in the present application, they will meet the current UDO requirements. The applicant has proposed sustainable constructed affordable units. They have requested the City’s help to set up a TIF district to generate revenue for additional units. Eric Henyon questioned Mr. Ravnaas if the proposed 9% of the traffic on Wallace would bring the City Street to the maximum capacity. Planner Saunders noted a local street has the capacity to carry far more than 3,000 vehicles per day, and he noted the increase would put the traffic on Wallace close to 3,000. The actual carrying capacity is determined by the frequency of intersections, the width of the street, and other variables. At President Pomnichowski’s request, Planner Saunders reminded the board and public what components of the plan were applicable to the plat itself. Public Comment Ted Lange, of Gallatin Valley Land Trust located at 25 North Willson, noted GVLT had met with the applicant and their engineers on multiple occasions over the course of this project. He noted he had just seen the Recreation and Parks Board recommendations earlier in the day. He thought the Open Space and Trails were looking good and were well connected. He noted GVLT did not have a preference as to what happened with the ponds at the stockyards. He noted GVLT would like to see a trail in the northwestern corner closer to the river for the connection to the Boys and Girls Club. He noted the only place he could see some issues was within Condition 35 and the debate between the Recreation and Parks Board and the Wetlands Review Board. He does not feel that all the trails are necessary, as he did not see a huge ecological value in them. He would like to see a balance between giving people a chance to walk through some wetlands and giving people a chance to walk through every wetland. He noted that the trail to the creek is a critical point, but as long as there is a connection GVLT is supportive. He also noted that some of the proposed trails were along back fences in order to keep the trail out of the wetlands setback, but having the trail that close to backyards would raise different issues. Mark Cusack resides at 1320 Hillside Lane which borders the eastern edge of the application. He noted his concerns regarding the wildlife residing in the area which include whitetail and mule deer, pheasants, and a black bear. He also noted the proposed overlook park being made available was straight up the hill. He is concerned about the steep incline and would rather have the park come down to Hillside Lane. He also noted moving the park would fit into the nature and culture of the current land use. He did not understand why the Board would want multiple houses on one acre across from a space where there is only one house per acre. He also noted his concern about some of the building heights being 75 feet with another 15 feet for wind and solar energy harnessing devices. He also questioned what the purpose of Vollmer Street was. Martha Jo Kearns resides at 1325 Nichols Peak Trail. She questioned the condition regarding the Oak Street Connector and noted her concern about emergency vehicle access. She questioned what the timing on the construction of the overpass was in regards to the phases within the plat. Planner Saunders noted that the design for the overpass had to be completed and ready for construction prior to the approval for Phase 5 of the plat. He noted TIS surveys were a condition for each of the phases 418 City of Bozeman Planning Board Minutes November 6, 2007 Page 5 so when or if the phases after Phase 5 required the build out, it would be ready to start on. Ms. Kearns then asked where the funding for the project was coming from. Planner Saunders noted that the Connector was an asset to the community, and impact fees could be used to fund a portion of the project. The City would obtain and apply the impact fees, possibly the State would contribute, possibly the rail lines, and other funding would be needed for the project. Discussion Mr. Henyon asked for clarification from the applicant why lots within Phases 1 and 2 had lot lines which were atypical in design. Mr. Ravnaas noted the applicant desired to have townhouses rather than condos, and the atypical design was utilized to accommodate that desire. Mr. Henyon questioned if the applicant would submit a full parks plan to be accepted during the first phase. Planner Saunders noted the neighborhood center requirement can be satisfied by parkland requirements. In this case, the business court meets that requirement. The parks plan is a single document which coordinates the development of each park as related to the phase it is located within. The common elements of each separate park are identified in one document for congruency throughout each of the proposed phases. Mr. Henyon wondered if the plaza was considered Parkland and Open Space. Planner Saunders noted there was a hardscape park which was submitted as a part of the park plan. He also noted Staff felt it was consistent with the intent of the area. Mr. Henyon sought clarification on the location and actual height of the tallest building within the proposed plat. Mr. Ravnaas noted it was proposed in the high density area as a part of Phase 8. Steve Domreis noted the grain tower is 110 feet. Planner Saunders further added the Story Mill building is 88 feet, and the highest bank of windows while facing the western face is approximately 75 feet. Mr. Sypinski sought further clarification for the funding of the phases Planner Saunders had mentioned during his staff presentation. Mr. Sypinski also noted there had been a number of multi phase projects before the Board lately, and wondered if the City had considered construction bonds for longer projects. Planner Saunders noted the City does not require someone to guarantee work before it is started, but they do require bonds once a project is started if a final plat is sought before completion. Mr. Sypinski noted that the SHPO had some concerns and stated the project did not qualify for tax credits. Mr. Sypinski also noted they were concerned about the reuse of the buildings and the keeping of the character of the buildings. Mr. Sypinski wanted to know how the applicant was planning on addressing those concerns and the keeping of the character of the buildings. Mr. Ravnaas noted they were not eligible for the SHPO tax credits. He noted the cultural resource inventory from October 15 which identified the resources and impacts along with the appropriate mitigation. He also stated each improvement would need to go through the City’s certificate of appropriateness review. Planner Saunders responded to Mr. Sypinski’s earlier question noting condition 8 related to funding as no subsequent phase could commence until the previous phase had been completed. He noted this was not a financial guarantee, but it limited the disturbance of the area. Mr. Sypinski asked if the private road standards would be relaxed. Planner Saunders noted the 419 City of Bozeman Planning Board Minutes November 6, 2007 Page 6 proposed private streets were under subdivision review. He further noted the application contained a cross section for each variation of the private streets which Staff reviewed for functionality. The proposed private streets have considerable diversity within the plat, but they are all fully functioning. Mr. Henyon wondered where the 120 affordable housing units were located within the plat. He also sought clarification about the urban renewal and the creation of the TIF district. He noted that wages for police and fire staff come out of the general fund. He wanted clarification making sure that the TIF district was not impacting the general fund in a negative way. Planner Saunders noted that a TIF district does not take out of the general fund, but does delay new revenues. He noted how the TIF district could be used to generate revenue for the project. Mr. Henyon asked the applicant if the intent of the proposed TIF district was to create the affordable housing units. Mr. Ravnaas responded that the proposed TIF district was going to be designed to allocate the necessary funds for schools, police, and fire to the general fund. Mr. Carpenter mentioned he was not able to preview the section addressing wildlife and wondered if that section answered his question regarding the wetlands and the trails. Planner Saunders noted Staff recognized the southern most section provided a significant connection for those heading north and Vollmer Street as a significant connection for those heading south. The proposed middle piece through the wetlands has been removed, and the southern most trail has been relocated through a condition of approval to be adjacent to the wetlands rather than through its center. He also mentioned Staff mitigated concerns regarding the wildlife in the vicinity through various conditions. Mr. Carpenter sought clarification on the trail relocation. Mr. Saunders noted the relocation of that section of trail was a condition of approval before the Board tonight. Mr. Carpenter asked if there was a planned transit stop in the first two phases. Planner Saunders noted the language was not specific regarding the placement, and he noted Staff’s discussions with Streamline for a more formal agreement in the future. Mr. Carpenter wondered if the applicant had considered participating in a better design or designing their own bus stops. Mr. Ravnaas noted the placement of the stops was contained in the Planned Unit Development application. He noted they have not reached a stage in the development where they were actually designing the stops themselves, but the design is essential to the LEED program. Mr. Carpenter wanted to know the current process and procedure addressing the LEED certification. Mr. Ravnaas noted the proposal was one of two LEED pilot programs in Bozeman. Mr. Carpenter noted the applicant had been accepted for Phase 1, but wanted clarification as to where Phase 2 was in regards to LEED certification. Mr. Ravnaas noted they needed to begin construction to actually move further with LEED. Mr. Carpenter wondered what that meant for each phase and for the entire project. Mr. Ravnaas noted buildings could receive LEED certification, but the development would need to be completed before receiving any LEED certification for the entire neighborhood. Mr. Carpenter asked the applicant to clarify their storm water management plan. Mr. Ravnaas noted the applicant plans to put storm water to use. They are proposing bioswales with treatment before directing the storm water into a management system which could be used to irrigate parks and open space. 420 City of Bozeman Planning Board Minutes November 6, 2007 Page 7 Ms. Jacobson sought clarification on affordable housing as it related to the creating of a TIF district. She wanted to know if the TIF would be financing the building of the affordable housing or it would finance the amount to make those units sustainable. Mr. Ravnaas noted the TIF would subsidize the housing, but the developer would also contribute. He noted the Workforce Housing Task Force looked at construction costs, but the cost of sustainable units increased the cost from approximately $130 per square foot to $200-240. He noted the applicant is hoping to make up the difference with the TIF dollars. Ms. Roberty noted the applicant had mentioned donation of 120 lots to the City along with the first chance to build on those lots. Mr. Ravnaas noted that 120 lots usually denotes single family homes. In the proposal tonight, 95% of the buildings are attached multi-level so 95% of the affordable units are also attached multi-level. He noted that turning over a condo to a land trust is not as easy as turning over a regular lot. The applicant has had experts working on the project, and they believe it is possible. Ms. Roberty noted the City does not have a public land trust. Mr. Ravnaas noted the applicant’s main concern was help in managing the units from CAHAB and HRDC for the proposal. Ms. Roberty noted that keeping units affordable is not the problem; the problem is making them affordable. Ms. Jacobson sought clarification on the location of the wetland containing the trail which was being mitigated by condition 39. Planner Saunders pointed out the area on the map. President Pomnichowski sought clarification on the applicant’s statement about precedence for the affordable housing units to those displaced from Bridger View. Mr. Sabol noted he had been corresponding with the displaced residents to keep them informed. He noted the applicants must still qualify for the affordable housing units. President Pomnichowski wondered when the units would become available. Mr. Sabol noted proportionality would be maintained and all the affordable housing units would not be built at the same time. Mr. Ravnaas noted the schedule for development was in the plan. President Pomnichowski asked the scheduling of parks to be addressed with the adoption of the Parks Plan and the development of the parks within the phases. Planner Saunders noted the parks corresponding to the phase would be developed with that phase. The parks plan as presented is the parks in their final stage. President Pomnichowski wondered if that some of the trails would be completed after the completion of Phase 10. Planner Saunders replied that it could be. He noted a section in Bryant Street that the City did not have a mechanism to obtain an easement to. He noted other areas where parks would be required with the completion of a particular phase. President Pomnichowski wondered if the phases were in sequential order for construction and if the plaza was the only park in Phases 1 and 2. Planner Saunders noted that it was. Mr. Ravnaas noted that the developer would like parks developed as soon as possible, but noted that the developing of the parkland before the corresponding phase was not feasible if not noted in the conditions of approval. He feels the proposed mitigation will work. President Pomnichowski noted the application referenced the Idaho Pole Controlled Ground Area. 421 City of Bozeman Planning Board Minutes November 6, 2007 Page 8 Mr. Ravnaas noted the plume is known to be shrinking. He noted the controlled ground water area barely fell within the property lines and the most significant area of the plume is offsite. He stated the site has been designed so infrastructure is away from the area. President Pomnichowski wondered if the applicant had set up monitoring with DEQ. Mr. Ravnaas noted they had written letters to EPA, DNRC, and DEQ. He mentioned the EPA and DNRC had replied with letters setting forth conditions for the applicant. President Pomnichowski asked if the applicant had monitoring wells. Mr. Ravnaas noted the applicant had hired an environmental assessment. The assessment identified a superfund site that may affect the project. The applicant then hired a consultant who installed a monitoring well. The results indicated that there was no contamination from that plume within that area. President Pomnichowski noted the plume does advance and the area is downstream and downgrade of the plume. She encouraged the applicant to contact DEQ again and to establish an ongoing monitoring system for the development. President Pomnichowski asked how the applicant felt about the wetlands. Mr. Ravnaas responded their fear is if there is not a trail, people might make their own. He feels having a boardwalk mitigates people taking the initiative. President Pomnichowski asked where wetlands setbacks were in relationship to the property lines. Planner Saunders noted the most significant area was on the northern end. He brought up having open space next to a backyard can result in “larger” backyards. He noted the PUD contained a section noting the developer will be responsible for the marking of the outer perimeter of the wetlands. He noted concrete curbing around the property line had been suggested, but the preference is for another way of noticing the property line. President Pomnichowski also wondered why the applicant referenced a 30 foot setback from the floodplains. Mr. Ravnaas noted the watercourse setback was in place so the applicant meets the 75 and 100 foot setbacks at all times. President Pomnichowski asked if the applicant was ready and willing to meet the SHPO recommendations. Craig Mendenhall noted that to achieve high LEED certification for each building and for the development they needed to meet energy requirements. He also noted they would be submitting COA applications for any modifications to the buildings. Planner Saunders noted the buildings were being addressed through the PUD application. President Pomnichowski questioned if every private street would include curbs, gutters, boulevards, and landscaping. Mr. Ravnaas noted the City did not want to maintain the streets due to raised streets in some locations, but they do meet the intent of public street standards. President Pomnichowski wondered which streets had parking only on one side. Mr. Ravnaas noted they were festival streets and were designed with existing buildings in mind. He also indicated they were located in districts zoned B-2, B-1, and R-4. President Pomnichowski wondered if the parking was structured otherwise. Mr. Mendenhall noted the applicant had proposed streets with parking only on one side to create connection and provide linear parks. He stated there was parking one level below grade to meet parking needs. President Pomnichowski wanted to know who would be taking care of the streets. Mr. Ravnaas responded that it would be set forth in the covenants and taken care of by the Homeowner Association. Mr. Sabol noted the maintenance difficulties arose from the difference in this development and the standard for the area. He noted neither the City nor the County wanted to maintain raised roads and the Homeowner’s Association was the best way to mitigate those concerns. Mr. Ravnaas noted snow removal problems with the use of permeable paving. He also stated this 422 City of Bozeman Planning Board Minutes November 6, 2007 Page 9 homeowners association would be managed by professionals. President Pomnichowski wondered if the applicant would be opposed to having public streets if the City would take steps to mitigate issues such as permeable paving. Mr. Mendenhall noted to meet LEED requirements the proposed private streets were different from City Standards. Mr. Sabol noted if the City approved those deviations for LEED certification; the applicant would not be opposed to having public streets. Planner Saunders noted the underground parking was under multiple lots which brought up concerns which would need to be mitigated. President Pomnichowski wondered if the parking lot could be turned over to the Homeowners Association but have the streets still be public. She would like to see the City take steps to make LEED Certification a possibility for developers rather than involving homeowners associations. President Pomnichowski mentioned she liked the proposed commercial center as the community center. She also asked what the applicant had done to provide for bicyclists. Mr. Ravnaas noted bicycle lanes or paths were provided for in almost all occurrences. He noted the applicant had met with GVLT and the bicycle connectivity is good. Mr. Saunders noted the City only has standards relating to collectors and arterials regarding bicycle lanes. President Pomnichowski noted she is interested to see how the proposed creation of a TIF district will affect affordable housing. She also commended the applicant on their pursuit of LEED certification for the proposal. She mentioned her concern about storm water run off with the streets running next to the wetlands and watercourse. She believes it is a brave and innovative project, she thinks it will be pretty impressive. Mr. Carpenter stated this is the best project he has ever seen. The applicant has achieved 28 units to the acre. He felt the applicant created an extremely livable neighborhood with great ecological protection. He noted Bozeman needed models like this and is eager to see the project completed. Mr. Carpenter also commended Planner Saunders on his work, he feels the conditions are well thought through and protect the health, safety and fiscal health of the community. He agrees with all of the conditions especially the conditions protecting the wetlands. Mr. Caldwell noted the work done by the Planning Department was exemplary. He stated the conditions had been well thought through and a lot of deliberation went into them. He noted condition 3 which requires all the easements be dedicated with Phase 1 is very responsible. He noted the applicant’s commitment to the wetlands and watercourse setbacks and the areas which had been misused in the past could be restored and saved in perpetuity. He would like to see all 69 conditions incorporated in a motion for approval. Motion and Vote It was moved by Mr. Sypinski, seconded by Mr. Carpenter, to recommend approval to the City Commission of the Story Mill Neighborhood Major Subdivision Preliminary Plat Phases 1 through 10 Application #P-07032 with the 69 recommended conditions of approval listed in the Staff Report. Those voting aye being President Pomnichowski, Ms. Roberty, Mr. Henyon, Ms. Jacobson, Mr. Caldwell, Mr. Carpenter, Mr. Sypinski, Mr. Roset, and Mr. Quinn. Those voting no being none. The motion carried 9-0. 423 City of Bozeman Planning Board Minutes November 6, 2007 Page 10 President Pomnichowski noted that application would be presented before the City Commission on December 3, 2007. ITEM 5. NEW BUSINESS Seeing there was no new business, President Pomnichowski closed this portion of the meeting. ITEM 6. ADJOURNMENT Seeing there were no further issues before the board, President Pomnichowski adjourned the meeting at 10:04 p.m. __________________________________ __________________________________ JP Pomnichowski, Chair Andrew C. Epple, Director Planning Board Planning & Community Development City of Bozeman City of Bozeman 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 •P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 • • 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org • September 11, 2007 From: Ted Lange, GVLT Community Trails Program To: Chris Saunders, Bozeman Planning Department Subject: Story Mill Center – Preliminary Plat & PUD Following are GVLT’s comments on the Trails Plan for the Story Mill Preliminary Plat and PUD. Overall, we believe this plan represents an extensive, well-designed addition to Bozeman’s community trail system, with excellent bicycle-pedestrian connectivity for both new residents of the proposed neighborhoods and the community as a whole. This property is a critical link in the Main Street to the Mountains trail system, connecting the Northeast Neighborhood to the East Gallatin Recreation Area, new trails along Bridger Creek in the Legends and Creekwood developments, and the “M” trailhead on Bridger Canyon Rd. The following comments address areas where GVLT believes mostly minor changes could be made to improve the safety and function of the proposed trail system. Additionally, we found some discrepancies concerning trail widths and types in the preliminary plat application’s text, tables and maps. The comments below specify GVLT’s recommendations for trail widths and types. East Gallatin Greenway Trail & Monad Sidewalk – One of the most heavily used trail connections in the development will be on the north side of the East Gallatin River between the Story Mill Spur Trail and Meadow Park. This will be part of a popular running and walking loop and will be an area where users will want to experience the riparian corridor. o As proposed, the connection between Griffin and Meadow Park is limited to the wide concrete sidewalk along Monad. GVLT strongly recommends a Class II trail in this section separated from the Monad sidewalk, routed as closely as possible to the river, but connecting to the sidewalk at the Griffin-Monad intersection to ensure that users cross at the crosswalk – similar to the next section of trail to the east shown in exhibit L207. This Class II trail would better serve the running community which has expressed very strong opposition to concrete trails, and will also provide users an option that allows them to better experience the riparian corridor. Also, we believe that without a developed trail in this location, users will create trails. o The Trails Plan in the Trail Networks section shows a significantly different trail layout from that show in exhibit L207. GVLT strongly prefers the trail layout shown in L207 in which there is a Class II trail running between the river and Monad, fully separated from the Monad sidewalk until it connects directly to the Monad-Griffin intersection. Riverfront Trail and Boardwalk – From the Story Mill Spur trail to Griffin, GVLT recommends a Class II natural fines trail. Also, it is very important to design for the fact that the pond crossing will be part of a heavily used east-west trail connection. Therefore, we strongly recommend making the boardwalk across the pond at least eight feet wide to safely accommodate a high volume of two-way traffic, including bicycles, wheelchairs, baby strollers and pedestrians. 452 • GVLT • P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 • • 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org • Story Mill Spur / Story Mill Road Intersection – As currently designed, the intersection of the Story Mill Spur Trail and the Story Mill Rd. sidewalk south of Monad will result in a large number of bicycles on the sidewalk, and the likelihood that some bicyclists will attempt to cross mid-block on Story Mill Rd. We recommend rerouting the northern end of the trail so that it follows the edge of Riverfront Park to join the sidewalk at the Monad/Story Mill Rd. intersection to minimize conflicts with pedestrians using the sidewalk and ensure that bicyclists cross at the crosswalks. Trail South of Meadow Park – From the southern boundary of Meadow Park to the bridge over the East Gallatin, GVLT recommends a Class II natural fines trail. Linear Park Trail – GVLT recommends that the linear park trail be constructed as a Class I, 10’ asphalt trail. We believe this would be preferable for accommodating high volumes of two-way traffic, as well as snow removal for this bike-ped route through high density mixed use development. Olympian Ave. Crossing Offset – To keep bicycles off the sidewalk and ensure the safest possible crossing, GVLT recommends angling the crosswalk or making other minor changes to eliminate the offset in the Linear Park Trail at the Olympian Ave. crossing shown on exhibit L203. Overlook Park Trail – GVLT supports developing a trail to the high point of Overlook Park. We believe there will be user created trails with erosion problems if a developed trail is not provided. We recommend a combination of Class II and Class III trail as the steepness of the slope allows. Story Mill Spur from Hillside to Bridger – Exhibit L204 shows an “existing” 12-foot trail, but it is important to note that this existing trail is currently a much more narrow gravel path that will need to be improved. GVLT recommends a Class II natural fines trail to provide runners and other users with an alternative to the wide concrete sidewalk on Story Mill that will parallel it. This trail should be connected directly to the intersections to ensure that users cross at the crosswalks, and to keep bicycles off the sidewalk. Wetland Park Concrete Paths – In the wetland park, we recommend that only the trails connecting directly to the seatwall be 3’ concrete. We recommend making the spur connecting to Mckinsie a 6’ natural fines trail. The 3-foot concrete paths accessing the seatwall seem appropriate as nature trails, but we believe it will be important to prohibit bicycles on these paths as they will not be able to safely accommodate bicycle traffic. Exhibit L206 shows a three-foot concrete path running south from the six-foot Class II trail to Mckinsie Way. This path is the northwestern end of a continuous connection from the Story Mill Spur Trail, so changing it to a six-foot natural fines trail would accommodate the inevitable bike traffic. Ceretana-Griffin Intersection Trail Connections – The Trails Plan in the Trail Networks section shows a significantly different lot and street layout for Block 17 compared to exhibits L101 and L103. L101 shows a trail angling from northwest to southeast, with an offset, mid- block crossing on Ceretana within 75 feet of the Ceretana-Griffin intersection. This does not appear to be either safe or functional. GVLT recommends routing this trail directly to the corner of Ceretana and Griffin on the east side of Ceretana, and eliminating the corner cutoff trail on the west side of Ceretana. 453 • GVLT • P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 • • 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org • Boardwalks South of East Gallatin River – The trails south of the river include significant sections of boardwalk. GVLT supports the inclusion of these boardwalk trails. Due to the extensive wetlands in the neighborhood south of the river, trails appear to be the only active recreation provided in the open space in this neighborhood. We believe the boardwalks will provide these residents and other users with an important opportunity for active recreation and for experiencing the wetlands. We believe the boardwalks will not significantly increase disturbance of the wetlands beyond the disturbance they will already experience from the adjacent streets and residences. Careful consideration should be given to designing the boardwalks so that they can be shared by bicyclists and other users. East Gallatin Trail to Southern Boundary – GVLT strongly supports development of the proposed trail in Block 9, along the East Gallatin River to this project’s southern boundary. This trail can be extended along the river by future developments to the south. Exhibit L104 appears to show a trail segment paralleling the sidewalk connecting this river trail to the Story Mill Spur. GVLT supports this trail configuration to keep bicycles off the sidewalk. However, if possible, we would like to see some separation and landscaping between the Class II trail and the sidewalk. Bridger Drive Sidewalk vs. Shared Use Path – GVLT recommends a six to eight foot sidewalk, or a 10-foot Class I trail along Bridger Drive. Because of the ever-increasing bike traffic on Bridger, the tremendous popularity of the “M” trailhead, and the new Montana Outdoor Science School campus and the soon to be constructed Drinking Horse Mountain trail at the Fish Technology Center, GVLT believes that in the coming years it will be important to construct a Class I trail on one or both sides of Bridger to the “M” and the Fish Technology Center. On the south side of Bridger, either the Griffin-Bridger intersection or the Story Mill-Bridger intersection would the logical start points for a Class I trail. Easements on Bozeman Creek – GVLT recommends securing trail easements, but not constructing trails along Bozeman Creek north and south of Bond. The easements would provide for future construction of a continuous Bozeman Creek trail if there are ever changes in land uses north and/or south of the Story Mill Center property boundary. In conclusion, we applaud the Story Mill developers for their commitment to creating a high quality trail system in their development, and for their willingness to work with GVLT and the city to refine the details of the Trails Plan. Thank you for your consideration. Sincerely, Ted Lange, GVLT Community Trails Planner 454 November 27, 2007, Dear Mayor Kraus and Commissioners: The City’s Community Affordable Housing Advisory Board (CAHAB) met November 5th and 13th to consider Blue Sky Development’s Affordable Housing Plan as presented in the preliminary plat. The CAHAB had the following questions and concerns. • The units proposed in Blue Sky Development’s Affordable Housing Plan do not meet the City’s definition as affordable under the adopted affordable housing guidelines. • All of the units proposed in Blue Sky Development’s Affordable Housing Plan require a large amount of subsidy. Should the City subsidize one house at $100,000 or 5 houses at $20,000 each? • The homes proposed in Blue Sky Development’s Affordable Housing Plan are not affordable without a TIF which may not happen. The alternative to the TIF is the required 17 Workforce Housing Ordinance (WHO) units. • The CAHAB is concerned that the Blue Sky Development’s Affordable Housing Plan has few specifics. The CAHAB had twice written Blue Sky Development and asked for clarification on types of dwellings, prices, size, definition of affordability, target income groups etc. If Blue Sky Development wishes to submit an alternative Workforce Housing Plan it needs to have the same level of detail as the ordinance. • The Story Mill Development necessitates the loss of 90 affordable housing units. The CAHAB questions if it is in the City’s best interest to accept Blue Sky Development’s Affordable Housing Plan which replaces the 90 affordable Bridger Court units with 120 units that need heavy subsidies to be affordable and have a 10 year build- out. • The CAHAB believes that the City may request additional affordable units during the PUD process and recommends that the Commission do so. • The CAHAB realizes that the Story Mill development is unique due to the proposed LEED’s Certification. If the high building costs are caused by the LEED’s Certification the CAHAB suggests then developer consider the option of building units that qualify under the WHO off-site. • The CAHAB recommends that the City not accept cash or land in lieu of WHO units. The Workforce Housing Ordinance is new and Story Mill Development is the first developer to supply information on how they will comply with the WHO. Until the Workforce Housing Ordinance is tested the CAHAB recommends that the 17 required units follow the Ordinance and no alternative plan be accepted. • The CAHAB has concerns about projects with multiple phases that stretch over years. We have seen two examples where the property was sold and it has been difficult to enforce the original plat requirements. • The housing need that caused the City to adopt the WHO is still as pressing. Although alternative housing plans are acceptable under the WHO the CAHAB recommends that the City approve a plan that will result in WHU being built as soon as possible. 455 In light of the loss of 90 units of affordable housing stock and the other concerns listed above the CAHAB proposes the following: ƒ The Story Mill Development supply 45 homes that are affordable under the WHO definition. ƒ 17 of the homes should comply with the Workforce Housing Ordinance, most specifically the matrix and pricing guidelines. ƒ For the additional 28 units the developer may submit a detailed alterative plan. However, all 45 units must comply with the affordability guidelines as described in the Workforce Housing Ordinance and if the developer submits an alternative plan they need to supply the same level of details as provided in the WHO. ƒ Blue Sky Development is required to build the units are built as opposed to donating lots or cash-in-lieu. Blue Sky Development will ensure that any entity that purchases the WHU lots understands the requirements of the final plat. ƒ The housing plan should provide for all of the affordable units within the first 5 phases and 80% of the WHO units per phase must be completed before another phase is started. ƒ The areas where affordable units are to be located be designated on the final plat. 456 457 458 459 460 Bozeman Recreation & Parks Advisory Board P.O. Box 1230 · Bozeman, MT · 59771 Subdivision Review PLANNER: Chris Saunders FROM: Subdivision Review Committee SUBJECT: Story Mill REVIEWED ON: August 16, 2007 COMMENTS: • RPAB favors the use of boardwalks through the wetland areas. Our feeling is that the boardwalks provide a much greater trail experience than sidewalks around the park. The benefits of this experience far outweigh the possible negative impacts to local wildlife. • We support the construction of trails through the Overlook Park. Our opinion is that well designed and constructed trails will provide better service and ultimately lower impact than “usage trails” that will appear if trails are not provided. • We recommend that in areas where there are trails and adjacent sidewalks that the trails be allowed to move off the sidewalks and meander as much as is practical in order to provide a less urban trail experience. • In general, it is our position that as Story Mill provides very little recreational parkland for the anticipated population, it is critical that great attention be paid to the quality of the trail system in order to provide the excellence of design required for a PUD. Respectfully submitted, Sandy Dodge, Chairman, RPAB Sept 10, 2007 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 SHPO Comments on Story Mill Neighborhood Development SHPO comments are based on project drawings and renderings presented to us by the Bozeman Historic Preservation Office. We use the Secretary of the Interior’s Standards for Historic Rehabilitation (the Standards) as a basis for our review. These are the same standards used by the National Park Service in their review of projects submitted for Historic Rehabilitation Tax Credits. The intention of the Tax Credit program is to provide an incentive for owners of National Register buildings to make their buildings contribute culturally, aesthetically, and economically to the local community. Meeting the Standards is a requirement for the program; they provide guidance for retaining the historic character of a building, enabling the historic architect’s or builder’s design intent to endure while meeting modern needs without undue modern embellishment. In the case of the Story Mill complex, the general character is very industrial. While a new, non-industrial use for the complex is likely necessary to “save” the buildings, it will be important to retain a distinctly industrial character through retention and reintroduction of character-defining architectural features big and small, unique and ubiquitous. New features such as window and door openings can be introduced on secondary elevations, but significant new features must be historic in character, but subtly differentiated from the original so they are not mistaken as historic. Additions must not be conspicuous or significantly alter the mass or form of a building, but rather read as a subset of it. With this in mind we offer the following comments: „ The glass and steel addition is not in character with the other buildings. Its height, cladding, and fenestration pattern are not subtly differentiated from, or in keeping with the historic building’s character as required by the standards. „ The enlarged openings are likely too expansive; could these be reduced in size or moved to a less conspicuous location? „ Infill or significant expansion of historic openings and creation of significant new openings on primary elevations (those easily viewed from the public right of way) does not meet the Standards. „ New metal panel mechanical screens and rooftop structures are likely too conspicuous. Can the height of these be lowered to a point where they are not visible from the public right of way? „ The new steel and glass vestibule is not in character with this building, vestibules on primary elevations should be inboard of historic building walls. Main entrances can be made to read as such through landscaping, lighting or understated awnings. „ New awnings must be in character with the existing building; glass and steel are a departure from this character. „ New window openings are too identical to historic openings; new openings might be allowable at this location because the elevation is less conspicuous than others, but new openings and their window units should be subtly differentiated from adjacent historic work. Window openings should be simple without segmental arches; window unit configurations should be simplified possibly with a one-over-one configuration as opposed to the adjacent, historic two-over-two configuration. For further guidance on the Standards please visit: http://www.nps.gov/history/hps/tps/tax/ITS/itshome.htm 487 488 489 490