HomeMy WebLinkAboutA6. Boz Park Site Plan Page 1 of 23
Z15073, Staff Report for Bozeman Pond Park Expansion Site Plan with
Variance Application
Date: City Commission public hearing on December 7, 2015
Project Description: A Site Plan with a Zoning Variance to allow the construction of a nine-
acre public park with related amenities, including picnic shelters, play area, trails, fenced dog
park, and associated parking. The applicant is requesting a variance from Section 38.24.010.A.1
Bozeman Municipal Code to the required timing of construction of the Fowler Avenue and Pond
Row public street improvements.
Project Location: The project is located at 670 S Fowler Ave and is legally described as Lots
4A and C1 of the Amended Plat of Tract C of Van Horn Subdivision and Lots 3 and 4 and
portions of Pond ROW of Minor Subdivision No. 223, City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with recommended conditions and code provisions.
Recommended Motion for Variances:
Fowler Avenue Variance
Having reviewed and considered the application materials, staff report, public comment, and all
of the information presented, I hereby adopt the findings presented in the staff report for
application Z15073 and move to approve the Variance from Section 38.24.010.A.1 of the
Bozeman Municipal Code, regarding a variance for the timing of construction for Fowler
Avenue public street improvements.
Pond Row Variance
Having reviewed and considered the application materials, staff report, public comment, and all
of the information presented, I hereby adopt the findings presented in the staff report for
application Z15073 and move to approve the Variance from Section 38.24.010.A.1 of the
Bozeman Municipal Code, regarding a variance for the timing of construction for Pond Row
public street improvements.
Recommended Motion for Site Plan: 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 Z15073 and move to approve the site plan with the
recommended conditions of approval and subject to all applicable code provisions.
Report Date: December 2, 2015
Staff Contact: Heather Davis, Associate Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi Judicial)
422
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 2 of 23
EXECUTIVE SUMMARY
Unresolved Issues
The property to the north, operated by Hearts & Homes (part of Bozeman Help Center), currently
encroaches into the proposed park property. The encroachment includes a well, fence and
playground equipment. The Recreation and Parks Department is working with the neighboring
property owners to do an exchange of land to rectify the encroachment. The City is proposing
giving Hearts & Homes the land they currently use in exchange for adjacent land to the west.
Generally, this adjustment is supported by both city staff and the neighboring property owner.
Details of the proposed property line adjustment are currently being discussed. Hearts & Homes
uses an existing well on the park property. The City proposes to provide an easement for the use
of the well. Condition of Approval 3 requires the that the lot line boundaries between the City Park
and the Hearts & Homes (Help Center, Inc) properties be completed prior to final plan approval.
The City will continue to negotiate with Hearts & Homes on the conditions required prior to the
City’s grant of an easement for the encroaching well. A separate Commission item will be brought
forward at a future date for the processing of the well easement to resolve that issue.
Figure 1: Encroachments
Bozeman Pond Park
Hearts &
Homes
423
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 3 of 23
Project Summary
The subject property is
addressed as 670 S Fowler Ave
and is within the R-3 and R-4
zone districts. The proposed
project is an expansion of
Bozeman Pond Park, the
southern portion of which is
leased from the Montana
Department of Fish and
Wildlife. The City of Bozeman
purchased nine acres of vacant
land directly to the north from
the Gallatin Valley Land Trust in
2014 with Trails, Open Space,
and Parks (“TOP”) bond funds.
The application proposes the construction of a 9-acre public park with related amenities, including
three picnic shelters, play area, trails, fenced dog park, and associated parking. Approximately four
acres of the site will be disturbed for the installation of site improvements and the remaining five
acres will be left generally in its current state.
The proposed drive access for the property is located in the Pond Row right-of-way and provides
access to both tracts of land from Fowler Avenue, a minor arterial street. The drive access will
extend into a paved parking lot that includes 27 parking spaces. An accessible bathroom facility is
proposed adjacent to the parkland lot. A combination of concrete sidewalks, crushed fine trails,
and a 10’ wide asphalt multi-use path will provide circulation within the new park area and
connections to the City’s trail and sidewalk network.
A variance from Section 38.24.010.A.1 of the Bozeman Municipal Code is requested to defer the
construction of both Fowler Avenue and Pond Row public street improvements. Specifically, the
request is to delay the construction of Fowler Avenue improvements until such time as 1) adequate
right-of-way is obtained, 2) final design is completed by Public Works, and 3) the expansion of
the corridor from Main Street to Babcock Street is begun. The construction of Pond Row
improvements is proposed to be delayed until such time as coordination with the development of
the adjacent parcel can be accomplished for the construction of sidewalk and other infrastructure
improvements. Staff analysis and findings are presented in Section 6. The variance for timing does
not release the City from financial obligation to make required improvements at the appropriate
time.
Figure 2: Project Location
424
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 4 of 23
Alternatives
1. Approve the variance and the site plan with conditions of approval as recommended by
staff;
2. Deny the requested variance and site plan with findings;
3. Remove, add or modify the recommended conditions of approval; or
4. Continue the review on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
425
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 5 of 23
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 3
Alternatives ......................................................................................................................... 4
SECTION 1 - EXHIBIT SERIES ............................................................................................. 6
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ...................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 4 – CODE PROVISIONS REQUIRING PLAN CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 12
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 12
Variance Review Criteria – Section 38.35.070 BMC ....................................................... 17
APPENDIX -A- PROJECT SITE ZONING AND GROWTH POLICY ............................... 21
APPENDIX -B- NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX -C- DETAILED PROJECT DESCRIPTION ..................................................... 22
APPENDIX -D- OWNER INFORMATION AND REVIEWING STAFF ........................... 22
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
426
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 6 of 23
SECTION 1 - EXHIBIT SERIES
427
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 7 of 23
Site Plan
428
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 8 of 23
429
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 9 of 23
View of Subject Property from Pond Row, looking southwest
Pond Row
Hearts and Homes Fowler Avenue
Existing Bozeman Pond Park
430
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 10 of 23
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
A variance has been requested from the following section of the Bozeman Municipal Code.
Staff analysis and findings are presented in Section 6. The variance for timing does not release
the City from financial obligation to make required improvements at the appropriate time.
1) A variance from Section 38.24.010.A.1 of the Bozeman Municipal Code is requested to
defer the construction of Fowler Avenue public street improvements. Specifically, the
request is to delay the construction of Fowler Avenue improvements until such time as 1)
adequate right-of-way is obtained, 2) final design is completed by Public Works, and 3)
the expansion of the corridor from Main Street to Babcock Street is begun.
2) A variance from Section 38.24.010.A.1 of the Bozeman Municipal Code is requested to
defer the construction of Pond Row improvements are proposed to be delayed until such
time as coordination with the development of the adjacent parcel can be accomplished for
the construction of sidewalk and other infrastructure improvements.
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 project.
Recommended Conditions:
Community Development
1. 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.
2. The common boundaries between Lot 4A of the park (Van Horn Subdivision, S11, T02
S, R05 E, Lot 4A, ACRES 3.43, PLAT E-39-C) and the Help Center lot (Van Horn
Subdivision, S11, T02 S, R05 E, ACRES 0.475, TRACT B-1 PLAT E-39-B
OMALLEY COOK ANNEX) shall be reconfigured through the applicable subdivision review process to accommodate the project prior to final plan approval.
3. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
Engineering
4. The Gallatin County Conservation District, Montana Department of Environmental
Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained and provided prior to final plan approval. Required permitting shall be
documented
5. Plans and specifications for any water, sewer and/or storm sewer main extensions and
Public Streets (including curb/gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer.
431
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 11 of 23
6. Water and sewer plans shall be approved by the Montana Department of
Environmental Quality.
7. The applicant shall 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.
8. An erosion and sediment control plan shall be approved by the City’s Stormwater
Program Coordinator prior to final plan approval.
9. Prior to building permit approval, an erosion and sediment control permit shall be
obtained from the City’s Stormwater Program Coordinator.
10. The storm water retention basin details (including basin sizing), storm water discharge
destination, and a storm water maintenance plan are required prior to final plan
approval.
11. Proposed water/sewer mains, services and hydrants shall be a minimum horizontal
separation of 10-feet to trees.
12. If possible, locate the proposed water main 10-feet from the curb such that the main
can be excavated without having to reconstruct the curb.
13. The proposed water main is shown as routed under the proposed stormwater retention area. Contaminants from the parking area will concentrate in the retention basin.
Therefore, separation of the potential contaminant source is needed from the potable
water main to provide protection of the water supply. This may take the form of a
sleeve around the water main through the retention basin area. Additionally, end seals
are required around the sleeve and interior main at the ends, such as a Link-Seal product. Alternatively, the water main may be rerouted around the retention basin.
14. Provide a standard City water service per City Inspection Requirements for water
services in the proposed structure. The plans did not indicate a standard service
installation in the mechanical room.
SECTION 4 – CODE PROVISIONS REQUIRING PLAN CORRECTIONS
A. None at this time
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Bozeman Pond Park Expansion Site Plan with Zoning Variance
Application
File: Z15073
Development Review Committee
The Development Review Committee (DRC) reviewed the application on October 21 and 28,
2015. The DRC recommended conditional approval of the application with the findings and
conditions outlined in this report. Code provisions requiring correction were identified and are
presented in Section 4.
432
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 12 of 23
Recreation and Parks Advisory Board (RPAB) Subdivision Committee
The RPAB subcommittee reviewed the application on April 3, 2015 and found the plan
acceptable and recommends that the development of the park proceed.
City Commission
The City Commission is scheduled for the December 7, 2015 regular agenda to conduct a
public hearing and consider the preliminary site plan with zoning variance application.
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 in this
report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The project is located in the residential land use designation of the City’s growth policy. Other
uses which complement residences are acceptable within the residential land use category such
as parks, fire stations, churches, and schools. The property is zoned R-4 (Residential High
Density District) and R-3 (Residential Medium Density District), which are both implementing
districts for the residential land use designation as shown in Appendix A. Public parks are a
principle use in the R-3 and R-4 zoning districts. The property is within the City’s municipal
service area and otherwise complies with the goals and objectives of the growth policy. No
conflicts between the proposed zoning and the growth policy have been identified.
2. Conformance to this chapter, including the cessation of any current violations
The property to the north currently encroaches into the City’s property with a fence and play
equipment. Condition of Approval 2 requires that the property boundaries be relocated to
correct the encroachment by exchanging land between the City and the property owners to the
north. The proposed use of the site is consistent with the allowed uses of the R-3 and R-4
districts. The proposed site layout conforms to the requirements of the municipal code and the
project is in conformance to the public health, safety, and general welfare requirements of the
Unified Development Code. Placement of the proposed street light at the intersection of Pond
Row/Ravalli and Fowler Avenue remedies a non-compliance with Section 38.23.150.C, which
requires lighting of street intersections.
433
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 13 of 23
Compliance with the variance review criteria is discussed in Section 6. If the variances are not
granted, the plan does not comply with the Unified Development Code.
3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required such as boundary line
adjustment, final plan and application for building permit which will be addressed as
appropriate in the future. In addition, the project is generally conforming to the standards as
presented and will comply fully with identified conditions and code requirements if the
variances are granted. A building permit will be required for placement of the restroom and
picnic shelters.
4. Relationship of site plan elements to conditions both on and off the property
The proposed project complements the existing park to the south by providing additional
recreation opportunities for public use. The proposed drive access for the park expansion is
located in the Pond Row right-of-way and provides access to both tracts of land from Fowler
Avenue, a minor arterial street. The drive access will extend into a 27 space paved parking lot.
An accessible bathroom facility is proposed adjacent to the parking lot. A combination of
concrete sidewalks, crushed fine trails, and a 10’ wide asphalt path will provide circulation
within the new park area and connections to the City’s trail and sidewalk network. The
proposed restroom is sited away from the road and is near the entrance and parking lot.
Stormwater facilities are located to the north and east of the parking area. No conflicts were
identified between proposed work and the existing elements on or off the property.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions.
Primary vehicle access to the site is provided within the Pond Row right-of-way and provides
access to both tracts of land from Fowler Avenue, a minor arterial street. Parking is provided
with a 27 space paved parking lot. The Unified Development Code does not provide minimum
parking standards for parks. However, since there is currently no on-street parking along
Fowler, providing an on-site parking lot is supported and provides adequate parking for the
use. The proposed 27-space parking lot is consistent with standards utilized in the industry,
which range from two spaces per acre for passive park use (18 spaces) to one space per 10,000
SF for active park use (30 spaces). Bicycle parking is also provided adjacent to the parking lot.
A variance from Section 38.24.010.A.1 of the Bozeman Municipal Code is requested to defer
the construction of both Fowler Avenue and Pond Row public street improvements. The
variance. Specifically, the request is to delay construction of Fowler Avenue improvements
until such time as 1) adequate right-of-way is obtained, 2) final design is completed by Public
Works, and 3) the expansion of the corridor from Main Street to Babcock Street is begun. The
construction of Pond Row improvements is proposed to be delayed until such time as
coordination with the development of the adjacent parcel can be accomplished for the
construction of sidewalk and other infrastructure improvements. Staff analysis and findings
are presented in Section 6 within the Variance Review Criteria below.
434
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 14 of 23
6. Pedestrian and vehicular ingress and egress
The proposed vehicular access to the site is provided
as a single drive access within the Pond Row right-
of-way, which provides access to both tracts of land
from Fowler Avenue, a minor arterial street. The
drive access conforms to access spacing and other
applicable standards as proposed. A combination of
concrete sidewalks, crushed fine trails, and a 10’
wide asphalt path will provide circulation within the
new park area and connections to the City’s trail and
sidewalk network. Crosswalks and a street light are
proposed at the intersection with the park’s drive
access at Ravalli and Fowler Avenue to provide
access to the existing City sidewalks along Fowler
Avenue on the western street frontage and the
pedestrian connection to the existing Aasheim
Ballfields.
7. Landscaping, including the enhancement of
buildings, the appearance of vehicular use, open space, and pedestrian areas, and the
preservation or replacement of natural vegetation
The proposed landscaping meets and exceeds the minimum landscaping performance points
and mandatory landscape standards. A majority of the park will remain undisturbed pasture
grass and 36 existing mature cottonwood trees will be preserved on site. The parking lot is
proposed to be screened from Fowler Avenue with the existing vegetation.
8. Open space
The City of Bozeman’s Parks, Recreation, Open Space and Trails Plan (PROST) supports the
creation of additional parkland to serve the residents of the community. The following
PROST plan goals and recommendations support the expansion of the Bozeman Pond Parks
and its proposed amenities:
10.1.2 Consolidate and aggregate parkland to develop larger and more functional parks
wherever possible.
10.2.8 Recommendation: Provide ample access and parking for City parks. Parking lot
should be provided as needed, especially when sufficient on-street parking is not provided.
10.2.10 Ensure that water and sewer services lines are provided to facilitate development of
parks.
10.5.11 Create off-leash dog areas when and where opportunities arise.
Private open space is not a required standard for this project as it is not residential use.
Proposed
Crosswalks
Figure 3 Pedestrian Crossings along
Fowler
435
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 15 of 23
9. Building location and height
The proposed height of the restroom (+/-10’) and picnic shelters (+/- 10’) comply with the
overall district restrictions of Section 38.08.060 “Building Height” of the UDC. The project
conforms to the height requirements.
10. Setbacks
The proposal complies with all applicable setbacks.
11. Lighting
The lighting proposed complies with all applicable standards.
12. Provisions for utilities, including efficient public services and facilities
The project proposes extending the water utility service from existing water main in Fowler to
the existing water main within the existing Pond Row through the Pond Row right-of-way.
Plans and specifications for any water, sewer and/or storm sewer main extensions and Public
Streets (including curb/gutter and sidewalks) prepared by a Professional Engineer (PE) shall
be provided to and approved by the City Engineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The applicant shall provide
Professional Engineering services for construction inspection, post-construction certification
and preparation of mylar record drawings. Specific comments regarding the existing and
proposed infrastructure shall be provided at that time. 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. Building permits will not be issued prior to
City acceptance of the site infrastructure improvements.
13. Site surface drainage
The site drains to the northwest. The Engineering Division is reviewing the surface drainage
and stormwater provisions for the project. A final grading and drainage plan is required with
the final plan application. Follow up stormwater permitting is required per conditions of
approval 6-8. Condition of Approval 4 requires the applicant to contact the Gallatin County
Conservation District, Montana Department of Environmental Quality, and US Army Corps
of Engineers regarding the project and requires any permits required by those agencies shall
be provided prior to final plan approval.
14. Loading and unloading areas
Not applicable.
15. Grading
Minimal grading is required with the proposed development. The site is relatively flat. The
parking areas generally follow the lay of the land with the construction of stormwater retention
areas on the northern eastern side of the parking lot.
436
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 16 of 23
16. Signage
A formal sign permit is required before any sign installation. A typical park sign is proposed.
17. Screening
No screening of mechanical areas is necessary. Screening of the new parking area will be
provided by the existing vegetation between the parking area and Fowler Avenue.
18. Overlay district provisions
Not applicable, the site is not within an overlay district.
19. Other related matters, including relevant comment from affected parties
One public comment was received in response to project noticing with general feedback about
additional trail connection possibilities. Some of the trail alignments proposed where included
in the park proposal. The suggested 10’ asphalt trail continuing North along Fowler Avenue
was not deemed appropriate at this time since no additional trail connections to the north exist.
Pedestrians would have to cross Fowler Avenue at a mid-block crossing which is not supported
for safety reasons. Any comments received prior to the public hearing will be forwarded to the
City Commission.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or
use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is
a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
The development is on multiple lots. Recommended Condition of Approval 2 requires the
underlying northern lot to be realigned to accommodate the Hearts and Home encroachment
prior to final plan approval.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable. The project is proposed as one phase. Any future additional development
will be the subject of a separate application.
437
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 17 of 23
Variance Review Criteria – Section 38.35.070 BMC
The applicant is requesting a variance from Section 38.24.010.A.1 BMC, Street, general- Relation
to undeveloped areas. This development is not a subdivision. However, all variances regarding
improvements within a right of way are reviewed against the subdivision review criteria. Thus a
request for an alteration of this standard shall be reviewed against the criteria, but shall not
otherwise alter the review authority who would otherwise decide upon the application. The request
is for a variance from the section for the timing of construction of both Fowler Avenue and Pond
Row public street improvements. The variance for timing does not release the City from
financial obligation to make required improvements at an appropriate time.
Fowler Avenue Variance: Delay in construction of Fowler Avenue improvements until such time
as adequate right-of-way is obtained, final design is completed by Public Works, and the expansion
of the corridor from Main Street to Babcock Street is begun.
Pond Row Variance: Delay in construction of Pond Row improvements until such time as the
coordination with the development of the adjacent parcel can be accomplished for the
construction of sidewalk and other infrastructure improvements.
In acting on an application for a variance, the review authority shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general welfare,
and shall issue written decisions setting forth factual evidence that the variance meets the standards
of MCA 76-3-506 in that the variance:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Fowler Avenue Variance
Delaying the construction of Fowler Avenue improvements will not be detrimental to the public
health, safety, or general welfare, or be injurious to other adjoining properties. The Bozeman Pond
Park Expansion project will add a very minor amount of new vehicular trips on Fowler Avenue,
estimated to be less than 50 per average weekday (total) and less than 75 per average weekend day
(total), which is far less than the threshold number of 100 trips per peak hour that would trigger
the need for a traffic engineering study (per ITE guidelines – see Attachment A. A traffic counter
was placed at the main Bozeman Pond Park entrance, which has an existing 100-person capacity
picnic shelter and a 60-car parking lot. The average peak rush hour (4PM – 6PM) trip count for
M-F (8/31 – 9/4) was 51.6. The average total number of weekday trips was 274 (for a 24-hour
period). The average total number of weekend day trips on the Labor Day holiday weekend (Sa,
Su, Mo 9/5 – 9/7) was 147 (see Applicant Materials, Attachment B).
The City will construct pedestrian facilities from the northern boundary of the original Bozeman
Pond property to the intersection of Ravalli Street. At the intersection, lighting and a pedestrian
crosswalk will be installed. This provides an improved and safe pedestrian connection along the
438
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 18 of 23
east side of the Fowler corridor. Construction of the pedestrian facility will protect public health,
safety and welfare. Space will be reserved to extend pedestrian facilities up to Babcock Street
when the necessary right of way has been obtained.
Constructing the street widening as a single unified project will improve public safety by reducing
the amount of traffic interruption due to construction. This will be an improvement in the general
welfare to adjacent properties rather than a detriment.
The Development Review Committee did not identify any public health or safety concerns with
the proposed development. Staff finds that this variance will not be contrary to and will serve the
public interest.
Pond Row Variance
The granting of the variance will not be detrimental to the public health, safety, or general welfare,
or be injurious to other adjoining properties. This road was previously platted when it was intended
to serve a parcel zoned for high-density residential. The use of this lot is now for a public park
with limited, passive recreational amenities. All neighboring properties can be serviced off existing
roads. The water main improvements required to serve the HAVEN site to the east will be installed.
There are many different types of pathways within the Bozeman Municipal Code. Section
38.24.100.B lists sidewalks as a transportation pathway but Section 38.27.110.B lists pathways
within parks as a recreation facility. Section 38.42.2270 defines a pathway as “A facility that
accommodates the recreational and/or transportation needs of pedestrians and bicyclists, including
sidewalks, bike lanes, boulevard trails and trails.” Both Section 38.24.100 and Section 38.27.110
authorizes the DRC to determine the classification of a pathway as either a recreation or
transportation pathway.
The project proposes to place a recreation pathway developed as a six foot wide natural fines trail
along the northern edge of the Pond Row right of way. This will provide for a safe and functional
connection from Pond Row to Ravalli/Fowler intersection. This width is consistent with the
sidewalk width required adjacent to public parks.
The right of way for Pond Row will remain in place. If connection through to Pond Row is helpful
in the future the street can be extended when needed. The intersection of Ravalli and Fowler will
be improved to provide a safe and efficient end point for future connection. While Pond Row will
not have vehicular travel through its entirety, the trail will provide pedestrian and bicycle
connectivity and access. If adjacent development or the overall transportation network is
determined, which can be remedied if needed when adjacent private property develops. The
variance for timing does not release the City’s responsibility to construct the facility which will be
at a disadvantage if the City from financial obligation to make required improvements at an
appropriate time.
The Development Review Committee did not identify any public health or safety concerns with
the proposed parking space and drive access reductions. Staff finds that this variance will not be
contrary to and will serve the public interest.
439
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 19 of 23
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Fowler Avenue Variance
The City has not yet acquired sufficient right-of-way to complete Fowler Avenue improvements
between Huffine and Babcock. The northeastern end of the corridor has not been obtained. The
exact configuration and design of Fowler is not yet determined and will require considerable public
review during the current Transportation Plan update process before its actual cross-section is
determined. The construction of Fowler is under consideration with the latest draft of the Capital
Improvement Program. Fowler (from Huffine to Oak) is scheduled for design in FY18 and
construction in FY19. The Commission has yet to take final action to approve this schedule.
The existing Farmer’s canal ditch traverses the Fowler Avenue ROW and it has not yet been
determined how the ditch will be treated in the ultimate road section. There are also numerous
mature trees in the ROW, which may impact the ultimate design of the road section as well. Given
the physical characteristics of the current right-of-way, and it would impose an undue hardship to
require the Parks Department to construct this section of Fowler Avenue without a final design
profile having been determined by Public Works. Public Works is the City’s department tasked
with design and construction of city road projects and as part of the Capital Improvements
Program, the Public Works Departments plans (FY18/FY19) to have Fowler Avenue designed and
constructed.
Staff finds that this variance is related to conditions unique to the property and unnecessary
hardship would result from the enforcement of the literal meaning of the title.
Pond Row Variance
The physical characteristics of the site are constrained by the existing Farmer’s Canal ditch and
the Bozeman Pond outflow, both of which would need to be re-aligned, crossed and culverted to
complete Pond Row improvements, which would substantially impact the useable area of the park
property. The shape of the site and placement of the Pond Row right-of-way is such that the 32-
foot wide road would transect the site and present a significant impediment to safe use of the park
property. The existing Pond Row right-of-way is directly adjacent to an ephemeral ditch outflow
of the pond in the main park, making it unsafe and infeasible to construct a sidewalk in the normal
location. This proposal includes an accessible, compacted gravel trail connection pending
construction of a complete sidewalk in coordination with the development of the adjacent parcel
(HAVEN site). These elements create an undue hardship that makes construction of Pond Row
highly impractical and not in the public interest at this time.
Staff finds that this variance is related to conditions unique to the property and unnecessary
hardship would result from the enforcement of the literal meaning of the title.
440
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 20 of 23
3. The variance will not cause a substantial increase in public costs; and
Fowler Avenue Variance
The variance will not cause a substantial increase in public costs. The Public Works Director has
indicated that it would not be in the public’s interest to construct a smaller section of the road.
Repeated cycles of design and construction increases expense over a single coordinated project.
The City has been working to take a more coordinated approach to improving its streets rather than
relying on piecemeal project related improvements. It will be more efficient and economical to
construct the entire segment of Fowler Avenue from Huffine to Babcock (or further north) as one
project once the required public street right-of-way has been obtained and a final design has been
completed. Thus, rather than an increase in public costs a savings in public costs should result
from this variance.
Pond Row Variance
The variance will not cause a substantial increase in public costs. Just the opposite, eliminating
this segment of Pond Row will save roughly $400,000. A deferral will enable a greater
coordination with adjacent private property in the event that the full connection is justified. This
improved coordination will prevent the City from carrying the entire cost of street installation. The
City remains the landowner on both sides of the right of way and retains its financial obligations
to participate in road installation when needed with or without the variance.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this chapter or with the city's growth policy.
Fowler Avenue Variance
The variance will not, in any manner, place the subdivision in nonconformance with any other
provisions of this chapter or with the city's growth policy.
The required public right of way per Sections 38.24.020 and 38.24.050 has been provided. All
other requirements will be met when construction as a coordinated expansion to the entire corridor
is completed in the future.
Section 11.3 of the growth policy establishes goals and objectives for the transportation system.
Considerable emphasis is placed on a robust and multi-modal system. The proposed site plan
includes installation of pedestrian facilities to maintain and enhance pedestrian function and safety.
This advances the listed goals of the growth policy. Implementation actions 70-74 describe how
the goals can be carried out. Goal PS-1 in Section 12.3 of the growth policy calls for public services
and facilities to be provided in an efficient and cost-effective manner. Coordinating the
construction of the widening of Fowler as a single more cost-effective project will balance and
advance all the relevant goals and objectives of the growth policy.
Pond Row Variance
441
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 21 of 23
The variance will not, in any manner, place the subdivision in nonconformance with any other
provisions of this chapter or with the city's growth policy. The required public right of way per
Sections 38.24.020 and 38.24.050 has been provided. A pedestrian connection between the two
portions of the street will be provided. All other requirements will be met if construction is justified
in the future.
APPENDIX -A- PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-3” Residential Medium
Density District and zoned “R-4” Residential High Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses. The intent of the R-4 residential high density
district is to provide for high-density residential development through a variety of housing types
within the city with associated service functions. This will provide for a variety of compatible
housing types to serve the varying needs of the community's residents. Although some office use
is permitted, it shall remain as a secondary use to residential development. Secondary status shall
be as measured by percentage of total building area.
The property is designated as “Residential” in the Bozeman Community Plan. Residential. This
category designates places where the primary activity is urban density dwellings. Other uses which
complement residences are also acceptable such as parks, low intensity home based occupations,
fire stations, churches, and schools. High density residential areas should be established in close
proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this
category by residential zoning should provide for and coordinate intensive residential uses in
proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type housing
are 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 category. All residential housing should be arranged with consideration of
compatibility with adjacent development, natural constraints such as watercourses or steep slopes,
and in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning
area.
442
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 22 of 23
APPENDIX -B- NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission and notice was
posted on site. Notice was published in the Bozeman Daily Chronicle on November 22 and 29,
2015. The Commission continued the application at the November 16, 2015 meeting to December
7, 2015. One public comment was received. Since the comment was received several suggested
changes were incorporated into the current proposal. Any comment received following issuance
of this report will be forwarded to the City Commission for consideration at the public hearing.
APPENDIX -C- DETAILED PROJECT DESCRIPTION
The final site plan for the park includes:
• 2.1-acre fenced off-leash dog park
• Outdoor classroom with natural play area
• Pre-fabricated restroom building
• 10-ft wide paved, multi-use path along Fowler connecting to the existing path at Huffine
• Barrier-free accessible trails connecting park features and existing sidewalks
• Park benches, waste receptacles, and park entry sign
• Paved park entry and 25-space parking lot
• Street light at Ravalli – Fowler intersection across from the park entry
• Water main extension connecting to existing main in Pond Row
• New fire hydrant
• Culvert for irrigation ditch
• Landscaping and irrigation
• Bridge and trail connection across pond outlet swale to existing Pond Row sidewalk
• Stormwater detention for park improvements
• Easement for existing well servicing property to the north (Hearts and Homes) and
proposed land exchange (boundary line adjustment) to be completed via ordinance prior to
obtaining building permits
APPENDIX -D- OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: City of Bozeman, 121 N Rouse Avenue, Bozeman, MT 59715
Representative: DHM Design, 311 Main Street Ste 102, Carbondale, CO 81623
Report By: Heather Davis, Associate Planner
443
Z15073, Bozeman Pond Park Expansion Site Plan with Variance Application Page 23 of 23
FISCAL EFFECTS
The total cost estimate for the Bozeman Pond Park Expansion project is $591,200 from the
Trails, Open Space, and Parks (“TOP”) bond fund.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
RPAB Memo
Public Comment Letter
444
445
447
448
449
450
451
452
453
454
455
456
457
458
459
460
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
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
MEMORANDUM
TO: Heather Davis – Community Development
FROM: Carolyn Poissant – TOP Program -Parks & Recreation
CC: Mitch Overton – Director of Parks and Recreation
DATE: 10/21/15
SUBJECT: Variance Application for Bozeman Pond Park Site Plan
Application Z15073
1. We are requesting a variance from Section 38.24.010.A.1 BMC, Street, general-
Relation to undeveloped areas. This development is not a subdivision. However,
all variances regarding improvements within a right of way are reviewed against
the subdivision review criteria. Thus a request for an alteration of this standard
shall be reviewed against the criteria of but shall not otherwise alter the review
authority who would otherwise decide upon the application. The request is for a
variance from this section for the timing of construction of both Fowler Avenue and Pond Row public street improvements. The variance for timing does not release
the City from financial obligation to make required improvements at an appropriate
time.
The UDC criteria state:
Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city shall not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1) The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2) Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict interpretation of this chapter is enforced;
3) The variance will not cause a substantial increase in public costs; and
4) The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Fowler Avenue Variance: delay in construction of Fowler Avenue improvements until such time as adequate right-of-way is obtained, final design is completed by Public Works, and
the expansion of the corridor from Main Street to Babcock Street is begun.
505
1) Delaying the construction of Fowler Avenue improvements will not be detrimental
to the public health, safety, or general welfare, or be injurious to other adjoining
properties. The Bozeman Pond Park Expansion project will add a very minor amount of new vehicular trips on Fowler Avenue, estimated to be less than 50 per
average weekday (total) and less than 75 per average weekend day (total), which
is far less than the threshold number of 100 trips per peak hour that would trigger
the need for a traffic engineering study (per ITE guidelines – see Attachment A. A traffic counter was placed at the main Bozeman Pond Park entrance, which has an
existing 100-person capacity picnic shelter and a 60-car parking lot. The average
peak rush hour (4PM – 6PM) trip count for M-F (8/31 – 9/4) was 51.6. The
average total number of weekday trips was 274 (for a 24-hour period). The average total number of weekend day trips on the Labor Day holiday weekend
(Sa, Su, Mo 9/5 – 9/7) was 147 (see Attachment B).
The City will construct pedestrian facilities from the northern boundary of the original Bozeman Pond property to the intersection of Ravalli. At the intersection,
lighting and a crosswalk will be installed. This provides an improved and safer
pedestrian connection along the east side of the Fowler corridor. Construction of the pedestrian facility will protect public health, safety and welfare. Space will be reserved to extend pedestrian facilities up to Babcock Street when the necessary
right of way has been obtained.
Constructing the street widening as a single holistic project will improve public
safety by reducing the amount of traffic interruption due to construction. This will
be an improvement in the general welfare to adjacent properties rather than a
detriment.
2) The City has not yet acquired sufficient right-of-way to complete Fowler Avenue
improvements between Huffine and Babcock. The northern end of the corridor has not been obtained.
The exact configuration and design of Fowler is not yet determined and will
require considerable public review during the current Transportation Plan update process before its actual cross-section is determined. The construction of Fowler is
under consideration with the latest draft of the Capital Improvement Program.
Fowler (from Huffine to Oak) is scheduled for design in FY18 and construction in
FY19. The Commission has yet to take final action to approve this schedule.
The existing Farmer’s canal ditch traverses the Fowler Avenue ROW and it has not
yet been determined how the ditch will be treated in the ultimate road section. There are also numerous mature trees in the ROW, which may impact the ultimate design of the road section as well. Given the physical characteristics of the current
right-of-way, it would be an undue hardship to require the Parks Department to
obtain the unsecured right-of-way given that the owners of the property in question do not wish to grant or sell the required right-of-way at this time, and it would impose an undue hardship to require the Parks Department to construct this
section of Fowler Avenue without a final design profile having been determined by
Public Works.
3) The variance will not cause a substantial increase in public costs. The Public Works
Director has indicated that it would not be in the public’s interest to construct a
smaller section of the road. Repeated cycles of design and construction increases
506
expense over a single coordinated project. The City has been working to take a
more coordinated approach to improving its streets rather than relying on
piecemeal project related improvements. It will be more efficient and economical to construct the entire segment of Fowler Avenue from Huffine to Babcock (or
further north) as one project once the required public street right-of-way has been
obtained and a final design has been completed.
The City is the owner for 72% of the right of way on the east side of Fowler
Avenue. The new Bozeman Pond expansion project is 35% of the east side
frontage. The City also owns substantial land on the west side of the road. Whether the variance is granted or not the City remains obligated to provide its
share of funding for this frontage. Deferring the work until a larger coordinated
project will not transfer obligations to the public that do not already exist.
4) The variance will not, in any manner, place the subdivision in nonconformance
with any other provisions of this chapter or with the city's growth policy.
The required public right of way per Sections 38.24.020 and 38.24.050 has been
provided. All other requirements will be met when construction as a coordinated
expansion to the entire corridor is completed in the future.
Section 11.3 of the growth policy establishes goals and objectives for the
transportation system. Considerable emphasis is placed on a robust and multi-
modal system. The proposed site plan includes installation of pedestrian facilities to maintain and enhance pedestrian function and safety. This advances the listed
goals of the growth policy. Implementation actions 70-74 describe how the goals
can be carried out. Goal PS-1 in Section 12.3 of the growth policy calls for public
services and facilities to be provided in an efficient and cost-effective manner.
Coordinating the construction of the widening of Fowler as a single more cost-effective project will balance and advance all the relevant goals and objectives of
the growth policy.
Pond Row Variance: delay in construction of Pond Row improvements until such time as 1) a road section through the park is deemed necessary by the Public Works
Director; and 2) coordination with the development of the adjacent parcel can be
accomplished for construction of sidewalk and other infrastructure improvements
1) The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties. This road was
previously platted when it was intended to serve a parcel zoned for high-density residential, which is now a public park with limited, passive recreational amenities.
All neighboring properties can be serviced off existing roads. The water main
improvements required to serve the HAVEN site to the east will be installed.
There are many different types of pathways within the Bozeman Municipal Code.
Section 38.24.100.B lists sidewalks as a transportation pathway but Section
38.27.110.B lists pathways within parks as a recreation facility. Section 38.42.2270 defines a pathway as “A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists, including sidewalks, bike
lanes, boulevard trails and trails.” Both Section 38.24.100 and Section 38.27.110
507
authorizes the DRC to determine the classification of a pathway as either a
recreation or transportation pathway.
The project proposes to place a recreation pathway developed as a six foot wide
natural fines trail along the northern edge of the Pond Row right of way. This will
provide for a safe and functional connection from Pond Row to Ravalli/Fowler intersection. This width is consistent with the sidewalk width required adjacent to
public parks.
The right of way for Pond Row will remain in place. If connection through to Pond
Row is helpful in the future the street can be extended when needed. The
intersection of Ravalli and Fowler will be improved to provide a safe and efficient
end point for future connection. The loss of the local street link is a minor loss in the overall transportation network which can be remedied if needed when adjacent
private property develops.
2) The physical characteristics of the site are constrained by the existing Farmer’s Canal ditch and the Bozeman Pond outflow, both of which would need to be re-
aligned, crossed and culverted to complete Pond Row improvements, which would
substantially impact the useable area of the park property. The shape of the site
and placement of the Pond Row right-of-way is such that the 32-foot wide road would transect the site and present a significant impediment to safe use of the
park property. The existing Pond Row right-of-way is directly adjacent to an
ephemeral ditch outflow of the pond in the main park, making it unsafe and
infeasible to construct a sidewalk in the normal location. This proposal includes an accessible, compacted gravel trail connection pending construction of a complete sidewalk in coordination with the development of the adjacent parcel (HAVEN
site). These elements create an undue hardship that makes construction of Pond
Row highly impractical and not in the public interest.
3) The variance will not cause a substantial increase in public costs. Just the
opposite, eliminating this segment of Pond Row will save roughly $400,000. A
deferral will enable a greater coordination with adjacent private property in the event that the full connection is justified. This improved coordination will prevent
the City from carrying the entire cost of street installation. The City remains the
landowner on both sides of the right of way and retains its financial obligations to
participate in road installation when needed with or without the variance.
4) The variance will not, in any manner, place the subdivision in nonconformance
with any other provisions of this chapter or with the city's growth policy. The required public right of way per Sections 38.24.020 and 38.24.050 has been provided. All other requirements will be met if construction is justified in the
future.
508
ATTACHMENT A
509
ATTACHMENT B
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
Bozeman Recreation & Parks Advisory Board
P.O. Box 1230 · Bozeman, MT · 59771
Site Plan Review
SUBJECT: Bozeman Pond Expansion
FROM: Subdivision Review Committee
PLANNER: Heather Davis
REVIEW DATE: 4/3/2015
BACKGROUND:
The Bozeman Pond Expansion Project is an area of land immediately north of Bozeman
Pond that was purchased, jointly with Haven, by the city using funds from the Trails.
Open-space, and Parks bond.
The committee was presented the conceptual park site plan for the project. We discussed the location of trails, dog park, parking lot, playground, access, amenities, and
preservation of existing trees.
COMMENTS:
The committee offered some suggestions for minor tweaks to the plan and had numerous questions for clarification. In the end the committee came out solidly in support of the
plan as presented.
Mike Delaney was present at the meeting and stated that a strip of this land along Fowler, 4 rods (66’) wide, stretching from Huffine to Baxter had been dedicated to the
city as parkland from a development of his years ago. If so, it is possible that a portion
of the land that the city bought already belonged to it. Staff will investigate.
RECOMMENDATION:
The committee finds this plan acceptable and recommends that development of the park
proceed.
Respectfully submitted,
Sandy Dodge, RPAB Subdivision Review Committee
535
536
537