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Home My WebLink AboutA2. South University PhaseP15011 South University District Phase 1B Minor Subdivision Page 1 of 21 Application P15011 Staff Report for the South University District Phase 1B Minor Subdivision Preliminary Plat Public Hearing Date: City Commission meeting is on June 8, 2015 Project Description: A second or subsequent minor subdivision from a lot with restricted development of 6.41 acres to create one lot of 3.66 acres for residential development and dedicated rights of way for the extensions of Campus Boulevard and State Street/South 14th Avenue. Project Location: The property is zoned REMU (Residential Emphasis Mixed Use District). The property is generally located NE of the future intersection of Campus Boulevard and South 14th Avenue and is legally described as Lot 2 of the South University District Phase 1 Minor Subdivision, Southwest ¼ of Section 13 and the Northwest ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P15011 and move to approve South University District Phase 1B Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: Wednesday, June 03, 2015 Staff Contact: Brian Krueger, Development Review Manager Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues at this time. Project Summary RTR Holdings and Fountain Residential Partners, a national student oriented housing developer, have submitted an application to subdivide the second phase of the approximately 127 acre master planned South University District to create one lot for further residential development and dedicate rights of way for extensions of State Street/South 14th Avenue and Campus Boulevard. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a Commission decision. 197 P15011 South University District Phase 1B Minor Subdivision Page 2 of 21 The Development Review Committee (DRC) at their April 29, 2015 meeting voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. No additional parkland dedication is required for this subdivision. No subdivision or zoning variances are requested with this application. No public comment has been received. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by July 23, 2015. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 10 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11 Preliminary Plat Supplements ........................................................................................... 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY.................................... 17 APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND .................... 19 198 P15011 South University District Phase 1B Minor Subdivision Page 3 of 21 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 21 ATTACHMENTS ......................................................................................................................... 21 199 P15011 South University District Phase 1B Minor Subdivision Page 4 of 21 SECTION 1 - MAP SERIES 200 P15011 South University District Phase 1B Minor Subdivision Page 5 of 21 PROPOSED PRELIMINARY PLAT 201 P15011 South University District Phase 1B Minor Subdivision Page 6 of 21 DETAIL 202 P15011 South University District Phase 1B Minor Subdivision Page 7 of 21 SECTION 2 – REQUESTED VARIANCES No variances are requested with this preliminary plat application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 4. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for this lot in the South University District Master Plan. 6. 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 203 P15011 South University District Phase 1B Minor Subdivision Page 8 of 21 Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. 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 Sixth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 7. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. 8. 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. 9. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 10. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 11. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any storm water ponds located within a park or open space shall be designed and constructed to be conducive to the 204 P15011 South University District Phase 1B Minor Subdivision Page 9 of 21 normal use and maintenance of the open space. Storm water ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plan for each lot. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. 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. B. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This code requirement shall be included on the final plat for the subdivision. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) reviewed the Preliminary Plat application on April 15, 22 and 29, 2015. On April 29, 2015, the DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, finds that the application, with the recommended conditions of approval, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a Commission decision. The City Commission will hold a public hearing and review the application on June 8, 2015. 205 P15011 South University District Phase 1B Minor Subdivision Page 10 of 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition no. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Therefore, the subdivision will be in compliance with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearing before the City Commission has been properly noticed as required by the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. A preliminary plat application was submitted to the Department of Community Development on March 27, 2015 and was deemed acceptable for initial review on April 8, 2015. The preliminary plat was reviewed by the DRC on April 15, 22 and 29 2015. The DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on April 29, 2015. 206 P15011 South University District Phase 1B Minor Subdivision Page 11 of 21 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 24, 2015. The site was posted with a public notice on May 22, 2015. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 21, 2015. No comment has been received as of the production date of this report. On May 26, 2015 this minor subdivision preliminary plat application staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission which is scheduled to make a final decision at their June 8, 2015 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by July 23, 2015. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Some conditions of approval and code corrections are noted to complete the application processing as the project proceeds to final plat. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding no. 2 above and required by Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential mixed use area according to the City of Bozeman Community Plan. The property is zoned for residential development and is within an area approved for development by the South University District Master Plan that has previously 207 P15011 South University District Phase 1B Minor Subdivision Page 12 of 21 undergone review and approval by the City Commission. Therefore, this subsequent subdivision will have no adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities are on the subject property. The property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, has previously undergone subdivision review and approval, and has begun to be developed. Therefore, this subsequent subdivision will have no adverse effects on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. Extension of those sewer and water and sewer mains are required to service the proposed subdivision. The lot will connect to the constructed water and sewer mains designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent. The proposed residential density can be served by existing water and sewer capacity. Streets – The DRC has determined that with the construction of the adjacent streets and the overall street network will have capacity to accommodate this development. Following new water and service line installations to accommodate the new lot/development, all street improvements will be constructed to acceptable City standards including curb, gutter, pavement, boulevard sidewalks and storm water facilities. Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval. Lot 2A proposed in Phase 1B was included in the Phase 1 Storm Water Plan. Existing stormwater detention basins were oversized to accommodate this proposed phase. Parklands – While a minor subdivision does not require parkland dedication, a large City parkland easement was established west and southwest of this location during the subdivision of phase 1 to provide parkland credit for the subsequent residential development anticipated on this lot. A parks master plan for the park was approved through the South University District Master Plan. At such time that any residential development is occupied on any phase of the South University District lots the parkland will have to be developed according to the parks master plan or financially guaranteed through an improvements agreement. The developer would have nine months to install any improvements guaranteed through an improvements agreement. 208 P15011 South University District Phase 1B Minor Subdivision Page 13 of 21 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions were made with the original subdivision for the control of noxious weeds and maintenance of the property. 5) The effect on Wildlife and wildlife habitat The further subdivision of the existing lot will have little to no impacts on wildlife and wildlife habitat. The impacts to the more important habitat areas were addressed and mitigated during the review of the original subdivision and are preserved as open space and/or parklands. Further, the project is in an area identified for development. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 14, 2015. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-application plan review application for: surface water, 2) floodplains, 3) groundwater, 4) geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities, 14) educational facilities, 15) land use, 19) miscellaneous and 20) affordable housing. A waiver to the supplemental information for 10) water and sewer, 11) stormwater management, 12) street, roads and alleys (no Transportation Impact Study is required), 13) utilities 16) parks and recreation facilities, 17) neighborhood center and 18) lighting plan were not granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Supplemental information waived by the DRC. The subject property has previously undergone subdivision review where surface water was considered. Mandeville Creek and associated irrigation ditches are located within the South University District Subdivision, but are located outside of and to the west of the subject property. 209 P15011 South University District Phase 1B Minor Subdivision Page 14 of 21 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. Mandeville Creek does not include a mapped 100 year floodplain. The watercourse has a drainage basin of approximately one square mile. Due to the small drainage area and its location within a large master planned park, this creek does not pose a flood hazard to development within the subdivision. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. Nine monitoring wells were excavated on the property and monitored during the summer of 2011. Data gleaned from the test wells indicate ground water depths vary from approximately thirteen feet deep to less than one foot in wetland areas. In general, development is proposed in areas with groundwater depths ranging from six to thirteen feet. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems. 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The geotechnical report for Phase 1 did not identify any unusual geologic hazards on the property. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade are evident. Due to gentle slopes on the property large cuts and fills are not anticipated. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. No significant or critical vegetation exists on the subject property with exception to what is occurring and is preserved in the wetland areas. Noxious weeds are being controlled by the required Noxious Weed Management Plan. 38.41.060.A.6 Wildlife Supplemental information waived by the DRC. This is a developing urban area. The past agricultural uses and proximity to the City make the property less desirable to wildlife. Montana Department of Fish Wildlife and Parks was notified of the preliminary plat and did not provide comment on the proposal. The 50-foot watercourse setback along the Mandeville Creek watercourse and wetlands will protect any riparian environment already established on the property. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. A cultural resource study was conducted in April, 2012 by Anthro Research, Inc. and found that no significant cultural, historic or archaeological features exist on the property. 210 P15011 South University District Phase 1B Minor Subdivision Page 15 of 21 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not currently being used for agriculture. The South University District has been designated for development by the City’s growth policy, municipal zoning, and master planning. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a developing area and there no agricultural water user facilities on or adjacent to the site. 38.41.060.A.10 Water and Sewer Water for domestic and fire protection and sanitary sewer service will be provided by connections to the City of Bozeman municipal system. The City Engineering and Water and Sewer Divisions have reviewed the plans and find there is adequate capacity to serve the subdivision. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of infrastructure and final plat review by the City Engineering Division, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management A preliminary stormwater management plan was provided in the application. Storm water from Phase 2 streets and Lot 2 developments will be collected in curbs and gutters and transported in storm sewers to two detention basins located in the Phase 1 public park. Outlet structures control the release rate from the detention basins to preconstruction runoff rates. A final stormwater plan is required for review per condition no. 11. 38.41.060.A.12 Streets, Roads and Alleys The approved South University District Master Plan provides the planned transportation system for the district. The street network for Phase 1B of the South University District will include dedicated rights of way for the perimeter streets surrounding the lot. South 11th Avenue, a collector has been widened to its full section along the east side of Lot 1 of Phase 1 of the subdivision. Campus Boulevard has been constructed along a portion of the frontage of Lot 1 of Phase 1. State Street and its extension, South 14th Avenue, will be constructed with this subdivision to a Local plus pedestrian standard (70’ of right of way, ten foot wide pedestrian pathway) provided in the South University District Master Plan. The traffic analysis completed and submitted for the residential and commercial component proposed for Lot 1 of Phase 1 assumed a number of trips and project density to accommodate Phase 1B. A description of the total trip generation is provided in the application. The analysis stated that the resulting traffic impacts to the existing city streets were found to be minimal. Planned for group living uses to support Montana State University (MSU), primary travel to and from Lot 2A in Phase 1B is anticipated to be by bicycle and pedestrian traffic to and from the university. Traffic generation rates were obtained from counts at the MSU dormitories normalized for students with cars. The 211 P15011 South University District Phase 1B Minor Subdivision Page 16 of 21 trip generation measured was 2.5 trips per day per resident with a car. This results in a total trip generation from this project and future commercial uses of approximately1,960 new Average Daily Trips on South 11th Avenue. Three intersections were analyzed along Kagy Boulevard for capacity impacts; Kagy and 19th, Kagy and 11th and Kagy and 7th. The largest impacts are on the 11th and Kagy intersection, but since this development is located on the under-utilized south leg of this intersection, impacts are negligible. The intersection of 7th and Kagy continues to operate below a LOS “C” and a formal request for an exception to this standard has been submitted and was previously approved by the City Engineer for Phase 1. Kagy Boulevard is proposed to be improved in 2017 in the City of Bozeman 2016-2020 Capital Improvements Plan. Future improvements to Kagy Boulevard will improve the overall level of service. Bicycle traffic is accommodated by bike lanes on the collector streets, South 11th Ave and Campus Boulevard. In accordance with the South University District Master Plan, 10 foot wide share use pathways are proposed along State Street and South 14th Avenue. Traffic calming bulbs are proposed at street intersections to provide reduced speeds, shorter crosswalks, and better sighting of pedestrians entering the street. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide the location of all public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. 38.41.060.A.14 Educational Facilities Supplemental information waived by the DRC. The proposed uses identified in the approved South University District Master Plan are not related to school age children. The impacts to Bozeman School District educational facilities are expected to be minimal to nonexistent from this subdivision. 38.41.060.A.15 Land Use Supplemental information waived by the DRC. The subdivision complies with the existing zoning designation of REMU, Residential Emphasis Mixed Use District and the approved South University District Master Plan. 38.41.060.A.16 Parks and Recreation Facilities A complete Parks Master Plan was included with the South University District Master Plan. A 9.38 acre easement for City Parkland and recreation facilities was dedicated with the Phase 1 subdivision. The Improvements to the park area are currently underway and were driven by parkland requirements for the development under construction on Lot 1 of Phase 1. This park will have extra parkland credit area that will accommodate the density anticipated on Lot 2A of Phase 1B. 212 P15011 South University District Phase 1B Minor Subdivision Page 17 of 21 38.41.060.A.17 Neighborhood Center Plan A neighborhood center is not required for a minor subdivision, but Phase 1B is an early part of a larger development project, while a neighborhood center is not proposed with this phase, the parkland area along Mandeville Creek is the neighborhood center for the South University District project. 38.41.060.A.18 Lighting Plan Subdivision lighting is proposed and is in conformance with adopted design standards. Final design of the lighting system is required with the infrastructure plan submittal and shall be in accordance with the City’s adopted Engineering Design Standards and Specifications. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing requirements, Article 10.8, BMC, have been suspended by the City Commission. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned Residential Emphasis Mixed Use (REMU). The intent and purpose of the residential emphasis mixed-use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1.It is further the intent of this district to implement the principles of the adopted growth policy: Neighborhoods: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate adjacent to residential neighborhoods that can sustain commercial uses within walking distance and a wider range of housing types; g. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets; Sense of Place: h. Support or add to an existing neighborhood context; 213 P15011 South University District Phase 1B Minor Subdivision Page 18 of 21 i. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; j. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; k. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; l. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets; Natural Amenities: m. Preserve and integrate the natural amenities into the development; n. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood; Centers: o. Group uses of property to create vibrant centers; p. Where appropriate create a center within an existing neighborhood; q. Facilitate proven, market driven projects to ensure both long and short-term financial viability; r. Allow an appropriate blend of complimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; s. Foster the master plan development into a mix of feasible, market driven uses; t. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; u. Maximize land use efficiency by encouraging shared use parking; Integration of Action: v. Support existing infrastructure that is within and adjacent to REMU zones; w. Add to existing transportation and open space network, encourage pedestrian and bicycle travel; x. Encourage master planned communities with thoughtful development; y. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; z. Provide roadway and pedestrian connections to residential areas; aa. Facilitate development (land use mix, density and design) that supports public transit, where applicable; bb. Provide flexibility in phasing to help insure both long and short term financial viability of the project as a whole; Urban Density: cc. Encourage efficient land use by facilitating, high-density, single or multi-story housing, commercial and retail development; dd. Provide transitions between high-traffic streets and adjacent residential neighborhoods and Sustainability: ee. Promote sustainable communities through careful planning. 2. To accomplish the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the city. Implementation of certain regulations herein may be implemented with regard to the specific characteristics and location of a development site. REMU districts should be located adjacent to or near planned or existing residential development to enhance walking and bicycle use. 214 P15011 South University District Phase 1B Minor Subdivision Page 19 of 21 Adopted Growth Policy Designation: The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land use designation category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development. APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The owner’s of the South University District and Fountain Residential Partners, a national student oriented housing developer, have submitted an application to subdivide the second phase of the approximately 127 acre master planned South University District to create one lot for further residential development and dedicate rights of way for extensions of State Street/South 14th Avenue and Campus Boulevard. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a Commission decision. The Development Review Committee (DRC) at their April 29, 2015 meeting voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. No additional parkland dedication is required for this subdivision. No subdivision or zoning variances are requested with this application. No public comment has been received. 215 P15011 South University District Phase 1B Minor Subdivision Page 20 of 21 The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by July 23, 2015. Parkland for further development on the lot will be provided by existing City Park easement dedicated with the South University District Phase 1 Subdivision. The South University District Phase 1 subdivision received preliminary plat approval on February 3, 2014 and the final plat was filed on April 1, 2014. Lot 2 of that subdivision is proposed for further subdivision with this application. A restriction was placed on Lot 2 when the final plat was filed to not allow building permit or further development on that lot until further subdivision review was completed. This current application is the further subdivision review anticipated when Lot 2 was created. APPENDIX C – NOTICING AND PUBLIC COMMENT A subdivision pre-application plan review was completed by the DRC on January 14, 2015. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. The City’s summary review comments were forwarded to the applicant in preparation of the preliminary plat application and the DRC granted numerous supplemental information waivers under 38.41.060, BMC. A preliminary plat application was submitted to the Department of Community Development on March 27, 2015 and was deemed acceptable for initial review on April 8, 2015. The preliminary plat was reviewed by the DRC on April 15, 22 and 29 2015. The DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on April 29, 2015. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 24, 2015. The site was posted with a public notice on May 22, 2015. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 21, 2015. No comment has been received as of the production date of this report. On May 26, 2015 this minor subdivision preliminary plat application staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission which is scheduled to make a final decision at their June 8, 2015 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by July 23, 2015. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: RTR Holdings II, LLC 22 Turtle Rock Court Tiburon, CA 94920 216 P15011 South University District Phase 1B Minor Subdivision Page 21 of 21 Applicant: Fountain Residential Partners 2626 Cole Avenue, Suite 620 Dallas Texas 75204 Representative: Morrison Maierle Inc. PO Box 1113 Bozeman, MT 59771 Report By: Brian Krueger, Development Review Manager; Bob Murray, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Applicant’s submittal materials The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 217 South University District (SUD) Phase 1B Subsequent Minor Subdivision Preliminary Plat Application March 2015 Table of Contents A. Cover letter B. Introduction, Project Summary and SUD Master Plan Conformance C. City of Bozeman Preliminary Plat Application Form, Checklist and Checklist Addendum D. Phase 1B (USGS) Vicinity Map E. Phase 1B Vicinity Map with aerial photograph F. Phase 1B Preliminary Plat (11 x 17), Full Size attached separately G. SUD Phase 1 Final Plat (11” X 17” copy of filed plat) H. Phase 1B Stadium View Apartments Preliminary Site Plan I. Supplemental Materials and Commentaries 10. Water and Sewer 11. Storm Water Management 12. Streets, Roads and Alleys (TIS update not required) 13. Utilities 16. Parks and Recreation Facilities, SUD Parkland Tracking Table update 17. Neighborhood Center 18. Lighting Plan 21. Storm Water Management Permit Application Electronic Appendix Note J. Response to 1/14/2015 DRC Preapplication Comments 1. January 14, 2015 DRC letter 2. Comment Responses K. Appendices 1. Adjacent Owner List (plus 3 sets of mailing lables) 2. Covenants, Bylaws, and Articles of Incorporation 3. Platting Certificate 4. Phase 1B Water Main Extension, Engineer’s Report 218 (Appendices, continued) 5. Phase 1B Sewer Main Extension, Engineer’s Report 6. Phase 1 (and 1B) Storm Water Management Plan 7. Phase 1B Civil Plans 8. Phase 1B Landscaping Plans (Subdivision and Site Plan) 9. Phase 1B Lighting Plans, plus cut Sheets L. Electronic Appendices 1. SUD Master Plan 2. Weed Management Plan 3. SUD Traffic Impact Study 4. Storm Water Management Permit Application (+SWPPP) 5. SUD Geotechnical Report 6. SUD Cultural Resources Assessment 219 220 1 South University District Phase 1B Subdivision Section B. Introduction The following Subsequent Minor Subdivision application package is for the second development phase within South University District (SUD) Master Plan area. The subdivision will split Lot 2, an existing 6.41-acre “Restricted” lot, created by the first SUD Phase 1 Minor subdivision, into a 3.66-acre parcel for development and 2.75-acres of street rights-of-way. The rights-of-way dedications would complete the Campus Boulevard, South 14th Avenue and State Street dedications around the perimeter of the site. Minor Subdivision Phase 1 provided a 9.38-acre (net area) park dedication. Additional parkland is not proposed with this subsequent subdivision. Following the Preliminary Plat Application form and the Preliminary Plat Checklist, a Checklist Addendum is provided. The Addendum explains why items on the Checklist were not provided. Much of the Supplemental Information typically required for subdivision review has been waived because it was submitted with the previous subdivision or with the SUD Master Plan submittal. Waivers to the submittal requirements were granted during the Preapplication process and will be discussed in more detail later. As can be seen in the Table of Contents, updated information necessary to analyze the impacts of the subdivision is that which is being provided. Also, to save printed volume, electronic appendices have been utilized where possible. Project Summary The SUD Phase 1B Subdivision is within the recently annexed and REMU zoned 127-acre South University District Master Plan area. The master development plan for the property was approved by the Bozeman City Commission and amended in November of 2013 (hard copies of the SUD Master Plan are on file with the Planning Department and an electronic copy of the SUD Master Plan is provided in the application Appendix. The subdivision site is currently vacant and a Preliminary Site plan for development of this student housing phase is being submitted for concurrent review. A copy of the Phase 1B Site Plan is provided with this application. Phase 1B is proposed to be a westward extension of the student housing project on Phase 1 and will share infrastructure, parking circulation, access and recreational areas. Phase 1 created space for 139 apartment units and 499 bedrooms along with 2- multiple use buildings. Phase 1B is proposed to be developed for 56 dwelling units, providing 208 bedrooms and related parking spaces. The new units would be distributed within two, 12-unit residential 221 2 buildings and four, 8-unit residential buildings. Like Phase 1, all buildings would be 3-stories in height. Parking for this phase and the original Stadium View Apartment (SVA) Phase1 will be connected and is located primarily within a central courtyard surrounded by project buildings. On-street parking is also provided. The central parking courtyard is separated into north and south halves by a large open space mall which will provide for on-site recreation opportunities. Pedestrian circulation is provided in all directions and is focused to maximize student movement northeast towards the MSU campus. Sidewalks in the State Street, Campus Boulevard and South 14th Avenue public streets will connect both Phases 1 and 1B to the park on the west and 11th Avenue on the east. Access to the parking courtyard and open space mall will be from South 11th Avenue on the east, from two locations off Campus Boulevard on the south, two accesses off State Street on the north and one off 14th Avenue on the west. SUD Master Plan Conformance Master Plan conformance can be measured in several ways. First, the proposed use of the Phase 1B Subdivision conforms to the “High Density Residential and Mixed Residential /Commercial” land use designations shown for the project site in the SUD Master Plan Map. As shown in the Master Plan, the transportation circulation pattern for the high density residential areas allows for alternative solutions to the standard street and block pattern in the Bozeman UDC. This subdivision phase is in conformance with the alternatives shown in the Master Plan. Right-of-way dedications for Campus Boulevard, State Street and South 14th Avenue would be completed by this subdivision; in the same locations shown on the Master Plan. The filed covenants for the Phase 1subdivision already incorporate the Phase 1B area within Lot 2 and include the Owner Association bylaws. If necessary, the covenant legal description will be updated to incorporate Phase 1B. The Phase 1 covenants were structured after those provided in the Master Plan and establish the overall South University District Property Owners Association, as recommended in the Master Plan. On yet another level, the building styles and functions, pedestrian and bicycle circulation solutions and the central parking courtyard are all consistent with the SUD Design Manual in the Master Plan. Altogether, the Phase 1B Subdivision was anticipated by, and is in conformance with, the SUD Master Plan. 222 223 224 225 Page 3 (Subdivision Preliminary Plat Checklist – Prepared 11/26/03; revised 9/20/04; revised 5/2/05; revised 7/24/07, revised 11/14/11) SUBDIVISION PRELIMINARY PLAT CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Subdivision Type. First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with a Variance X Second or Subsequent Minor Subdivision from a Tract of Record Major Subdivision B. Total Number of Lots. 1 C. Proposed Uses. Indicate the number of lots (or spaces subdivisions for rent or lease, or units for condominiums) for each of the following uses: Residential, single household Park/Recreation/Open Space 1 Residential, multi household Manufactured Home Space Planned Unit Development Recreational Vehicle Space Condominium Unit Commercial Townhouse Industrial Other: D. Preliminary Plat Requirements. The preliminary plat submittal must include the following information. Please refer to Section 38.41.040, BMC for the specific requirements for each item. Preliminary Plat Requirements Yes No N/A 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Preapplication Plan), BMC X 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single family X 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways X 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey X 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given X 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary X 7. If the improvements required are to be completed in phases after the final plat is filed, the approxi-mate area of each phase shall be shown on the plat X 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater X 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the preapplication process X 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC X 11. All appropriate certificates (refer to Chapter 38.6, BMC) X 226 Page 4 E. Preliminary Plat Supplements Required for All Subdivisions. The supplemental information shall include the following. Please refer to Section 38.41.050, BMC for the specific requirements for each item. Preliminary Plat Supplements Required for All Subdivisions Yes No N/A 1. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads X 2. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet X 3. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC X 4. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association X 5. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads X 6. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary X 7. A draft of such other appropriate certificates X 8. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private X 9. Profile sheets for street grades greater than 5 percent X 10. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided X 12. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds X 13. A preliminary platting certificate prepared by a Montana title company X F. Additional Subdivision Preliminary Plat Supplements. The following list of preliminary plat application supplements shall also be provided for all subdivisions unless waived by the Development Review Committee during the pre-application process. The developer shall include documentation of any waivers granted by the City after the pre- application meeting or plan review. Please refer to Section 18.78.060, BMC for the specific requirements for each item. Additional Subdivision Preliminary Plat Supplements Yes No N/A Waived 1. Surface water X 2. Floodplains X 3. Groundwater X 4. Geology, soils and slope X 5. Vegetation X 6. Wildlife X 7. Historical features X 8. Agriculture X 9. Agriculture water user facilities X 10. Water and sewer X 11. Stormwater management X 12. Streets, roads and alleys X 13. Utilities X 14. Educational facilities X 15. Land use X 16. Parks and recreation facilities X 17. Neighborhood center plan X 18. Lighting plan X 19. Affordable Housing X 20. Miscellaneous X 21. Stormwater Management Permit Application required X 227 228 1 South University District Phase 1B Subdivision Section C. Preliminary Plat Checklist Addendum Note: The following items were marked “N/A” on the SUD Phase 1B Preliminary Plat application checklist. A brief narrative is presented below in bold italic font as a response to why each was marked N/A. Checklist Item D.7. Provide a phasing description or plan. Response: The Lot 2A, Phase 1B subdivision will be completed in a single phase. Checklist Item E.3. Description of variance requests. Response: No variances are requested. Checklist Item E.5. Where required, provide copies of street or road encroachment permits. Response: No encroachment permits are required outside of the subdivision review and approval process. Checklist item E.6. Letter of approval when a zone change is necessary. Response: A zone change is not requested or needed. Checklist item E.7. Provide a draft of other appropriate certificates. Response: No other certificates, such as a certificate of appropriateness, are required. Checklist Item E.9. Profile of street grades greater than 5%. Response: There are no street grades greater than 5%. Checklist Item E.10. Owner authorization note for signature by a project representative. Response: The project owner has signed the application form. Checklist Item E.12. Weed Management Plan. Response: Phase 1B was included in the SUD Phase 1 Weed Management plan, a copy is provided in the Electronic Appendix. 229 230 231 232 233 234 1 South University District Phase 1B Subdivision Section I. Supplemental Material and Commentaries The following additional supplemental information has been prepared in accordance with section 38.41.060 of the Unified Development Code of the City of Bozeman. Appendices provided with this submittal contain detailed studies, plans, design reports and other documents which are referenced throughout this section. Many of the Supplemental Materials have been waived because this Phase is part of a larger subdivision that has already been approved. The items that have been waived by the City are listed first. The waivers were granted in the January 14, 2015 Design Review Committee comment letter. Following the list of waived items is a narration pertaining to the submittal items that were not waived. Supplement Items Waived by DRC (numbers correspond to checklist item numbers): 1. Surface Water 2. Floodplains 3. Groundwater 4. Geology, Soils and Slopes 5. Vegetation 6. Wildlife 7. Historical Features 8. Agriculture 9. Agriculture Water User Facilities 14. Educational Facilities 15. Land Use 19. Miscellaneous 20. Affordable Housing Supplemental Items not waived, additional discussion: 10. Water and Sewer Preliminary Design Reports for Water and Sewer mains for Phase 1B of South University District and Stadium View Apartments are included with this Preliminary Plat Application. In general, water and sewer will be provided to Phase 1B by extensions of utilities that were constructed as part of the South University District Phase 1 Minor Subdivision and Stadium View apartments on Lot 1. Water and sewer easements will be extended onto Lot 2A, similar to those on Lot 1. A sewer capacity analysis previously submitted to the City Engineering Department indicates that there is adequate capacity to serve the project proposed on Lot 2A. Preliminary Design Reports for Water and Sewer mains for Phase 1 of South University District and Stadium View Apartments are included in Appendix 4 and 5, 235 2 respectively. The proposed water and sewer mains are shown in the Civil plans provided in Appendix 7. 11. Stormwater Management Lot 2 (Phase 1B) was included in the SUD Phase 1 Storm Water Plan. This plan provided storm water detention basins sized to mitigate storm water from SUD Phase 1, Lots 1 and 2. Storm water from Phase 1B will be collected in new curbs and gutters, and transported in new and existing storm sewers to the existing detention basins constructed with the Phase 1 subdivision improvements. An updated Storm Water Plan showing Phase 1B drainage basins and new collection pipes is provided in Appendix 6. 12. Streets, Roads and Alleys The South University District Master Plan outlines the planned transportation system hierarchy. It identifies connections to perimeter arterial streets, internal collector streets, and local streets. The master plan has also identified some local streets which provide enhanced bicycle and pedestrian facilities and identifies required and appropriate right-of-way widths for these street classifications. As noted before, Phase 1B will dedicate rights-of-way for Campus Boulevard, South 14th Avenue, and State Street. The construction of the streets is required for the development of Phase 1B. Campus Boulevard will be extended to the west, and is 48 ft. wide with a 90-foot right-of-way. 14th Avenue and State Street are local streets; both will be 31-feet wide, with 70-foot and 75-foot rights-of-way, respectively. Proposed street cross sections and grades are provided in the Civil Plans in Appendix 6. A traffic study was submitted with the SUD Phase 1 Minor Subdivision, and an electronic copy is provided in Appendix 3. This study was conducted when the overall development plan (Phases 1 and 1B) envisioned 480 student apartments and 22,000 square feet of commercial space. The current development of Lot 1 is 499 student apartments and 1800 square feet (actual square footage, not potential) of commercial space. Phase 1B is planned to add 208 student apartments, and no commercial space. This land use modification and reduction in commercial space creates a significant change in traffic generation, as described below. The existing Traffic Impact Study has a total trip generation of 1941 vehicle trips per day. The trip generation rates used were 2.5 vehicle trips per day per student apartment and 33.7 net vehicle trips per day per 1000 square foot of commercial space (2.5 trips/day X 480 + 22,000sf X 33.7/1000 sf = 1941 trips per day). Applying this trip generation to the current plan results in 1828 trips per day, (499+208 X 2.5 trips/day + 1,800 X 33.7trips/1000 sf = 1828 trips per day) which is 113 trips less than the value used in the previously submitted Traffic Impact Study. 236 3 Using these traffic projections, three intersections were analyzed along Kagy Boulevard for capacity impacts; Kagy and 19th, Kagy and 11th and Kagy and 7th. The largest impacts are on the 11th and Kagy intersection, but since this development is located on the under-utilized south leg of this intersection, impacts are negligible. The intersection of 7th and Kagy continues to operate below a LOS “C” and a formal request for an exception to this standard was previously approved was with Phase 1. Kagy Boulevard is proposed to be improved in 2017 in the City of Bozeman 2016- 2020 Capital Improvements Plan. Future improvements to Kagy Boulevard will reduce congestion in this area and improve overall level of service. Kagy improvements will be financed in a large part by Street Impact Fees, to which this development will contribute significant fees. Bicycle traffic is accommodated by bike lanes on the collector streets, South 11th Avenue and Campus Boulevard. In accordance with the SUD Master Plan, 10-foot wide shared-use pathways are proposed for South 14th Avenue and State Street. Traffic calming bulbs are prosed at major street intersections to provide reduced speeds, shorter crosswalks, and better sighting of pedestrians entering the street. 13. Utilities The SUD Phase 1 Minor Subdivision plat provided 10-foot utility easements on the perimeter of what will be Lot 2A. These existing utility easements meet the standard subdivision requirements. During final site design there may be additional utility easements required on Lot 2A in order to more conveniently serve the proposed development on the lot. For reference, a copy of the filed SUD Phase 1 Minor Subdivision is included with the application materials. 16. Parks and Recreation Facilities A complete parks plan was included with the South University District Master Plan. The SUD Phase 1 Minor Subdivision dedicated a 9.38-acre park, the first installment designed to create the larger parkland complex. Improvements to the park are currently under way and were driven by Phase 1 Site Plan requirements. Because of this previous park dedication, additional park land is not required for Phase 1B. There is actually a surplus, which will be explained below. In order to keep track of parkland dedications in the SUD Master Plan area, a parkland dedication tracking table was established as part of the Master Plan. At the end of this section is a Parks and Open Space Tracking Table worksheet from the SUD Master Plan. It shows the updated park dedication requirements for Phases 1 and 1B. The combined park dedication requirement for both phases is 4.80-acres. As noted before, 9.38-acres of parkland were dedicated with Phase 1, 7.88-acres of this area is usable for park (park area not in stream setbacks, storm water detention 237 4 etc.). This means that there is still a surplus of 3.08-acres that can be credited to future SUD projects (7.88-acres – 4.80 acres = 3.08-acres). In general, the park west of Phase 1B provides trails and trail-side benches along the Mandeville Creek corridor for passive recreation, and open play areas for informal, active forms of recreation. Upland areas of the park will be irrigated with an underground sprinkler system supplied by a well. Wetland areas and associated water course buffers will be left in a “natural” condition. The park is connected by pathways, sidewalks, and trails to the center of the Stadium View Apartment complex. Construction of 14th Avenue, Campus Boulevard and State Street will increase public access and parking to the park, which will be maintained by the South University District Owners’ Association, as provided in the covenants. The landscaping plans for Phase 1B are provided in Appendix 8. For simplicity they combine the subdivision related improvements along the street rights-of-way with the site plan improvements in the interior of Phase 1B. 17. Neighborhood Center Plan Phase 1B is an early part of what will be a much larger development project. A neighborhood center is not proposed within this Phase, however, it is within the SUD Master Plan whose neighborhood center will be essentially the Mandeville Park complex and as such does not need an independent neighborhood center. The Stadium View Apartments project, Phases 1 and 1B, will provide recreational amenities and services for its residents. However, as noted above, the park being improved west of Phase 1B contributes to the establishment of what will be the neighborhood center in the SUD, the Mandeville Creek corridor park complex. 18. Lighting Plan Appropriate levels of pedestrian and street lighting are proposed for Campus Boulevard, 14th Avenue and State Street. Street lighting is in accordance with the SUD Master Plan. A lighting photometric plan and fixture cut sheets are provided in Appendix 9. The street lights will be an extension of existing lighting installed on Campus Blvd as part of the SUD Phase 1 subdivision improvements. The intersections of South 14th Street and Campus Boulevard and State Streets and South 11th are lit by existing and proposed street lights. The remainder of South 14th and State Streets do not have street lighting. Instead the 10-foot pathway along this street will be lit by decorative pedestrian scale lighting placed in the boulevard. A portion of these pathway lights were included in the Phase 1 improvements, and this lighting scheme will be continued in Phase 1B. 238 5 21. Storm Water Management Permit Application An existing Storm Water Management Permit Application is included with this submittal as Electronic Appendix 4. The existing permit for SUD Phase 1 includes Phase 1B within the area of disturbance. Electronic Appendix Note Included for general reference are a number of Electronic Appendices which have been submitted previously. Electronic Appendix Number 5, the SUD Geotechnical Report, and Number 6, the SUD Cultural Resources Assessment, were not mentioned previously in this application but are also included for general reference. SUD Master Plan Park and Open Space Dedication Tracking Table March 20, 2015 Update SUD Phase Estimated Gross Lot Area (Acres) Estimated Net Residential Area Park Acreage Required* (Acres) Net Park Acreage Dedicated (or by easement) Cash-in-lieu payments or improvements Other Required Open Spaces** Total Park and Open Space Dedication Date of Park Dedications or Easement Ph 1 Lot 1 9.82 9.82 3.50 7.88 0 1.50 9.38 3-31-14 (Dedication) Ph 1B Lot 2A 6.41 3.66 1.30 0 0 0 0 n/a Block 2 16.05 12.91 Block 3 11.77 9.14 Block 4 18.38 15.04 Block 5 18.02 3.68 Total 80.45 54.25 4.80 7.88 0 1.5 9.38 *Note: As per Bozeman UDC Section 38.27.020.A.1.d., the park dedication requirement is calculated by assuming 27 persons per net residential acre times 575 square feet per person. For instance, the requirement for SUD Phase 1 Stadium View student housing project is 9.82-acres X 27 persons/acre X 575 sf /person / 43,560 sf / acre = 3.4999. **Other required open space includes areas such as detention/retention areas, water courses, wetlands, and wetland setbacks that cannot be used to satisfy park dedication requirements. 239 Development Review Division Policy and Planning Division Building Division CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------ TO: DEVELOPMENT REVIEW COMMITTEE FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER RE: SOUTH UNIVERSITY DISTRICT PHASE 1B MINOR SUBDIVISION PRE-APPLICATION PLAN REVIEW P14061 DATE: JANUARY 14, 2015 ------------------------------------------------------------------------------------------------------------------------------ The City of Bozeman Department of Community Development has considered the subdivision pre-application plan review for Lot 2 of the South University District Phase 1 Minor Subdivision City of Bozeman, Gallatin County, Montana. The proposal is for a second Minor Subdivision to subdivide one existing lot of approximately 6.41 acres into one lot and rights of way. The following comments are offered for consideration: 1. A waiver to the supplemental information under 38.41.060, BMC is recommended to be granted with this pre-application plan review for: 1) surface water, 2) floodplains, 3) groundwater, 4) geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities, 14) educational facilities, 15) land use, 19) miscellaneous and 20) affordable housing. 2. Waivers to the supplemental information under 38.41.060, BMC recommended to not be granted include 10) water and sewer, 11) stormwater management, 12) street, roads and alleys, 13) utilities 16) parks and recreation facilities, 17) neighborhood center and 18) lighting plan. All applicable information related to the above and listed in 38.41.060 BMC for review are required with the preliminary plat application. 3. Right-of-ways shall be dedicated to provide a continuation of State Street and 14th Street and Campus Boulevard as determined by the City Engineer and in compliance with Section 38.24.010.A.2 BMC. STANDARD CODE PROVISIONS The preliminary plat shall comply with the standards identified and referenced in the Unified Development 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 deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and shall be addressed with the preliminary plat application: 240 Page 2 1. Per Section 38.02.050 "Disposition of Water Rights” - Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the filing of each subdivision final plat. 2. Per Section 38.23.040.B, block lengths are not to exceed 400 feet. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. No constraints are present that would not allow this subdivision to meet block length requirements. State Street/14th Street would provide adequate east west block length. North south block length would be satisfied with State Street/ 14th Street and Campus Boulevard. This would be the minimum street connectivity to meet block length standards. 3. Per Section 38.23.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 4. Section 38.26.050.E “Street Frontage’ – The property owners’ association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 5. Section 38.27.070 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application. 6. Section 38.38.020 “Property owners’ association”- All areas reserved for open space and other common areas (i.e., storm water facilities to be owned and maintained by the property owners’ association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. 7. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 8. 38.39.030.B.2 Sidewalks. The final plat and property owners’ association documents shall include language stating that “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.” 9. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants, restrictions, and articles of incorporation for the creation of or annexation into a property owners’ association shall be submitted with the preliminary plat application for review and approval by the Department of Community Development and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, trash enclosures, mail 241 Page 3 delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code. 10. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. 11. A complete preliminary plat application shall be submitted to the Department of Community Development within one calendar year of the date the Department dates, signs and places pre-application comments in the outgoing mail. Preliminary Plat Submittal Requirements: • Section 38.41.010 “General” - The preliminary plat application will include the necessary sets of the plans for all of the applicable information as outlined in Article 41, BMC except for the following: o Twenty full sets of the application, supporting documents, plans, plat, and two digital versions on CD-ROM (JPEG or PDF) are required. Make sure the digital versions of all the supplement information are separated into individual files not greater than 5 MB and not one large file. o Two sets of the 20 full sets shall include full size drawings of the preliminary plat and certificate page, landscape plans for open space corridor and external perimeter streets, master utility plan, master stormwater facilities master plan, street lighting plan, street profiles and all other applicable information and data necessary for a complete review of the application. The remaining 18 sets may be reduced 11” by 17” copies if the drawings are readable and to scale. Note: The comments and advice contained in this D.R.C. memorandum are intended to assist the applicant in preparing the subdivision preliminary plat application. However, further comments and/or recommendations on matters not discussed during the informal view may arise based on the information and supplemental data provided with the formal applications and applicable comments provided by local and state agencies. 242 1 South University District Phase 1B Subdivision Section J. DRC Preapplication Comment Responses The following narration addresses the January 14, 2015 City of Bozeman Design review Committee comments to the Preapplication Plan for the SUD Phase 1B Minor Subdivision of Lot 2. Item 1 from the 1/14/15 letter simply lists the supplemental materials waivers that were granted. The list of these was provided earlier in Section I. Item 2 notes the items for which waivers were not granted. As required, a discussion of and information regarding each of these topics was provided in Section I. Item 3 indicates that rights-of-way for State Street, 14th Avenue and Campus Boulevard shall be provided and that the streets be constructed according to the City standards in 38.24.010.A.2. The required rights-of-way are being provided and the streets will be constructed according to the appropriate City standards and the SUD Master Plan. Standard Code Provision comments: 1. Disposition of Water Rights: The cash-in-lieu of water rights payment will be calculated as part of the Phase 1B final plat process. 2. Block dimensions: Block lengths are not to exceed 400-feet unless dictated by physical constraints. The block lengths will be less than 400-feet. The bock dimensions are dictated by the previously approved Phase 1 Site Plan and by the Phase 1B site Plan which has a requirement to provide access connections to State Street, 14th Avenue and Campus Boulevard. The overall block dimensions can be seen on the Phase 1B Preliminary Site Plan, which was provided earlier. 3. Provide utility easements as per UDC 38.23.060 and provide 10-foot front yard easements unless all utility companies indicate otherwise: The 10-foot front yard easements are already provided on Lot 2, as shown on the Final Plat for SUD Minor Subdivision, Phase 1. Easements will be provided in the interior of the lot as determined by the site plan review process. 4. Lot Owner Association Street Frontage planting and maintenance requirements as per UDC 38.26.050.E: By covenant (Agreements Part B.5 and Part D.), the Owners are required to maintain the frontages as per 38.26.050.E and the Phase 1B landscaping plans provide the appropriated tree planting details. 243 2 5. Landscaping of public lands: The Phase 1B landscaping plans are provided in the Phase 1B Site Plan materials and provide for plantings in the public rights- of-way and subsequent irrigation. The landscaping will be installed prior to final plat or guaranteed by an Improvements Agreement. 6. Identify on the Preliminary Plat common areas to be owned and maintained by the Property owners association: This standard does not apply to Phase 1B. There are no common facilities or open spaces within it. 7. Completion of improvements or Improvements Agreement: Acknowledged; if all required subdivision improvements are not completed prior to Final Plat filing an Improvements Agreement will be requested. 8. Installation of Sidewalks: The existing covenants (Agreements Part D) require installation of subdivision sidewalks in accordance with UDC 38.39.030.B.2. The subdivision related sidewalks for Phase 1B will be needed by the time the units are occupied and it is unlikely that the Owners Association will need to invoke their authority to complete them. 9. Documents and Certificates, such as covenants, owners’ association bylaws, etc.: Phase 1B is already within the authority of the SUD covenants. The covenants property owners’ association bylaws are imbedded in the covenants. A copy of the filed covenants, Gallatin County Document #2478012, have been provided. 10. Additional Preliminary Plat requirements: Except for those waived by the DRC, all Preliminary Plat submittal requirements have been provided. 11. Preliminary Plat to be submitted within one year of the Preapplication comments, which are dated 1/14/15: The Preliminary Plat has been submitted prior to expiration of the anniversary date. 244 245 3/24/2015South University Phase 1B Adjacent Owners ListLegal Description Name 1 Name 2 Address City State Zip CodeStadium Center Lot 18 H Peak Professional Center Condo Master General Delivery Bozeman MT 59715Stadium Center Lot 18 Suite 1 Daniel & Anna Bidegaray 143 Hitching Post Road Bozeman MT 59715-8027Stadium Center Lot 18 Suite 2 DSA Bozeman, LLP 2042 Stadium Drive, Suite 2 Bozeman MT 59715-0616Stadium Center Sub Lot 19 Paul D and Marolyn J Stanley Trust 6138 SHADOWBROOK RD Granite Bay CA 95746Stadium Center Sub Lot 15 T Hanging C, LLC1276 N. 15th Avenue, Suite 103 Bozeman MT 59715-3289Stadium Center Sub Lot 16 Stadium Drive #16, LLC 1400 Black Bear Road Bozeman MT 59718-7891Stadium Center Sub Lot 17 Pete Sobrepena & Hollis Sobrepena 508 Pronghorn Trail Bozeman MT 59718-7595SUD Ph 1 S24 T02S R05E Lot 3 Plat J-518 RTR II67 Village Drive STE 206 Belgrade MT 59714-9622Boylan Add No 1 Lot 1 MJC/Kagy LLC32300 Frontage Road Bozeman MT 59715-8607SUD Ph 1 S24 T02S R05E Lot 1 Plat J-518 Stadium View LP2626 Cole Ave STE 620 Dallas TX 75204-0816Stadium Center Sun S13 T2S R5E Common area and private streetsStadium Center Sub General Delivery Bozeman MT 59715S13, T02 S, R05 E, TRACT 1 SE4 63.865AC COS 27Montana State UniversityGeneral DeliveryBozeman MT 59718-9999246 247 248 249 250 4FINAL MASTER PLANSITE MAP251