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HomeMy WebLinkAbout5 19440 DRC Memo3 w applicant responses 2020-10-13 MEMORANDUM ---------------------------------------------------------------------------------------------------------- FROM: DEVELOPMENT REVIEW COMMITTEE RE: NORTHWEST CROSSING MASTER SITE PLAN, APPLICATION 19440 DATE: SEPTEMBER 14, 2020 ---------------------------------------------------------------------------------------------------------- Applicant responses in Blue. Section 1 – Project Description: A master site plan for 160 acres zoned B-2M and REMU northwest of the corner of North Cottonwood and West Oak. Bound on the south by Oak, East by Cottonwood and north by Baxter Lane. Location: Property is currently addressed at 5250 Baxter Lane and is legally described as S04, T02 S, R05 E, C.O.S. 2552, Tract 5 NE4, City of Bozeman, Gallatin County, MT. Recommendation: Staff has found that the application does not comply with the requirements of Chapter 38 of the Bozeman Municipal Code (BMC) and is deeming the application inadequate for further review. Section 2 – Draft Conditions of Approval Please note that these conditions are in addition to any required code provisions identified in this report. The following conditions are specific to the 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. BMC 38.610 – Wetland delineation review is attached. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 3. The initial master plan entitlement is five years from the date of the Planning Directors signature on the final plan. Extensions to this initial timeframe may be requested per 38.230.140.F. 4. Each phase of this master site plan shall be evaluated independently at the time of development. Aspects including (but not limited to) water rights or cash in lieu of water rights, required parkland, grading and drainage, payback districts, off site infrastructure improvements, affordable housing ordinance requirements, and waivers of right to protest will all be evaluated with each phase at the time of development. 5. Further master site plan review is required for all phases that meet or exceed the thresholds in Section 38.230.020 – Classification of plans. 6. All dedicated park lands including those dedicated by easement and linear parkways shall be titled “Public Park” on the final plans. 7. The parkland tracking table in the design guidelines must be updated with each phase of development including subsequent site plan and subdivision review. 8. The tracking table for non-residential uses in the design guidelines must be updated with each phase of development including subsequent site plan and subdivision review. Non-residential uses in the REMU district must not exceed 30 percent of the total gross building square footage of all uses within the master planned area. Section 3 – Required Code Corrections PLANNING COMMENTS: 1. BMC 38.310.060.A.1 - REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. The 2009 Community Plan includes the following in the definition of REMU, “Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units.” The proposed design guidelines limit uses in REMU to “general residential” and associated accessory uses, public buildings and parks, and community centers in most areas, and limit the density to 12 DU per acre in all areas except D & E. It is unclear what is meant by the density cap of 12 DU per acre and how that will be applied lot to lot. It is unclear what is meant by general residential and live work. Does live work mean no home based businesses? These terms must be defined in the document prior to applying standards to them. Due to the nature of city zoning, staff will not support a blanket density cap and use exclusions like this. Urban densities are expected, provide further guidelines to ensure that a mixture of building types, each with unique character, is incorporated throughout the development and not limited to certain areas. Staff does not support limiting the uses geographically and in the design guidelines. Not addressed still listed in the design guidelines and sheet MSP 1.03. This is not a PUD, the master site plan must meet the base zoning standards to be approved. If the applicant wishes to limit uses privately through the Property Owner’s Association Documents staff recommends the following: MSP1.03 and Design Guidelines, section 2.3 have been modified and there is no reference to restriction of any lots. a. Blocks M and N are not colored on the framework plan to reflect multi-family / commercial as specified. M and N are no longer shown as multi-family/ commercial. Framework plan depicts these as single family attached & detached. b. The referenced code sections for temporary lodging, group residential, and general residential have multiple uses listed which are subject to change in the UDC. Noted. 2. BMC 38.410.040 – Provide design sections and easement widths and locations for mid-block pedestrian crossings including adjacent setbacks. Provide location of street alignment through areas A and B consistently through all design plans. Staff does not support the use of a mid-block pedestrian crossing to mitigate block length between blocks C and D. Revise the plan to show the adjacent east-west street through blocks C and D to an intersection at Rosa Way - Not Addressed. Staff finds that East-West connectivity is not limited by the access requirements on cottonwood Road. The watercourse does not prohibit east-west road connections to either side of it. A 60’ ROW has been added between C&D. However, applicant does not agree with this requirement and believes an alternative more desirable design solution that demonstrates connectivity and life safety goals of the code can be achieved rather than forcing gridded streets across all areas of the development. 3. BMC 38.420 - Provide a complete general park master plan for review by the Parks Department, RPAB, and the City Commission with the master site plan. The master park plan submitted must place all information in one place from the application as a whole so that it can be distributed to the reviewing bodies. A narrative, master plan drawings, waiver request, watercourse and wetland information, and density and area calculations must be included. Planning and Parks Staff will coordinate review of the master park plan through the applicable review board and City Commission following resubmittal. The waiver request received with the most recent revisions must be approved by City Commission prior to master site plan approval. Per follow up conversations with Parks Division staff on 8th, Oct 2020, a waiver is no longer being requested. See additional comment responses below and revised sheet MSP1.04 noting revised direction on how dedicated park land will be calculated and shown on plans. 9/11/2020 Update: Parks Division does not support the waiver requested for the following reasons: 1) No evidence is provided that this is critical habitat now. While, it has the potential for wildlife and natural resources values to be restored there are other factors that undermine that potential (see 2 and 3); 2) The agricultural water rights in Baxter Ditch could allow users to do maintenance in the easement area which would uproot the restored vegetation; 3) Due to the limited size of upland park adjacent to the wetland/riparian areas, there is very little buffer provided from the human and development impacts. The buffer provided appears to be the minimum established in the code. Given the net area of lots and required parkland, the park area given is insufficient. Parkland required is 29.59 acres. The Master Park Plan currently provides only 4.2 of that as traditional unrestricted land and staff does not support a waiver for the approximately 11 additional wetland/riparian acres shown. Prior versions of the Master Park Plan showed closer to 13 acres outside of restricted areas. Given the adjacency to Bozeman Sports Park, potential for privately maintained open space corridors where the waiver is requested (see 38.420.070.A.1), and given that some of the B-2M and REMU lots may come forward without residential development, this level of parkland is a more appropriate level of parkland for this development and the additional parkland must be shown conceptually at this time so that Park staff is not negotiating with future lot owners for larger park tracts. Park information has been updated. See the tables on MSP 1.04. There are areas where park lots could be added that would achieve several of the required objectives. Lot L would solve frontage issues for a park at the southern half of that block and might provide reasoning for that riparian area to be included – if not counted – within a larger dedicated park. Although staff doesn’t support the waiver, please note that this trail system can be used as justification for a cash- or improvements-in-lieu proposal and construction of the trail and related appurtenances within an public easement can be counted (38.420.070.A.1). a. Any cash-in-lieu of parkland requests must also provide justification in accordance with the criteria in Resolution 4784. NOT ADDRESSED, provide the CILP request in combination with the land dedication and waiver request. A framework will be established that can be used for Phase 1, with each final plat, and individual site plan review. Provide a breakdown of waived areas included in the land dedication, unrestricted areas, and cash- or improvements- in-lieu. As discussed with Parks staff on 10-08-2020, additional text will be added to sheet MSP1.04 describing CLIP intent. Parks will be provided along with specific CILP information at time of subdivision review if required, otherwise they will be provided at Site Plan review. No waivers are being requested. b. Provide surfacing details for the 10-foot regional trail along Rosa Way. If asphalt is proposed, Staff would prefer the standard 5-foot concrete sidewalk, especially given that the regional trail proposed does not directly connect or align to any existing trails. PARTIALLY ADDRESSED, trail moved to west to follow Baxter Creek and connect with the prost plan regional trail connections. Trail surfacing will be addressed with subsequent subdivision and site plan applications when trail alignments are finalized. A note has been added to sheet MSP1.04 that concrete surfacing is preferred over asphalt for hard-surface trails • Advisory: At least 25-feet of width outside of the watercourse setback is required according to linear park specification in Section 38.420.070. Noted and added to drawings. c. Provide width and surfacing materials of all trails defined by Section 38.420.110. and the PROST Plan (see section 6.2 for trail classification). What is meant by “other” trails? ADDRESSED. Surfacing can be determined upon subsequent subdivision review, however this master plan should be amended to demonstrate a more direct path of travel for the transportation pathway along Baxter Creek. Due to unknown impacts of infrastructure, roadways, grading and other future constraints in this area a finalized alignment is challenging to determine through the MSP submittal. A note has been added to this area on sheet MSP1.04 indicating that “Transportation pathways along the Baxter Creek corridor shall be made in as direct a route as possible, while balancing wetlands, floodway and infrastructure considerations.” 4. Parkland, excluding linear trail corridors, must have frontage along 100 percent of its perimeter on public or private streets or roads per 38.420.060.A. Any reduction up to 50% requires certain conditions are met from A.1. and/or 2. Provide this detail in your master plan with approximate percentage of frontage for each park section. The park frontage calculations have been updated on sheet MSP1.04 to reflect compliance with the standard requirements and note linear parks which are excluded from this requirement. 9/11/20 Update: NOT ADDRESSED SUFFICIENTLY. The Parkland proposal if waiver is not accepted, creates “pocket parks” without adequate street frontage. a. Show potential linkages to adjacent parks. Note: BMC 38.510.030.I. Where a property fronts onto a park or a public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. For non-residential developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for "other block frontages" set forth in subsection G above, with a minimum building setback of 20 feet from the applicable park/trail right-of-way, easement, or property line. NOT ADDRESSED, add specifics to design guidelines for future lots fronting trails. Design Guidelines, section 2.6 (see 2nd to last paragraph in this section), refence to follow the UDC for these standards. • Advisory: Show potential linkages from the proposed Homestead Park to the Bozeman Sports Park, are users intended to use Traditions Drive? Per discussions with Parks on 10-08-2020 text and a graphic overlay has been added to indicate suggested east-west connections toward BSP. Please note City is currently not allowing any pedestrian crossings between Oak and Baxter (only crossings are at roundabouts at these intersections) so there is no method for pedestrians to cross Cottonwood safely between the intersections. 9/11/20 Update: NOT ADDRESSED. Connections to BSP have been removed Written text and conceptual intent has been provided to portray the east west park connectivity. 5. BMC 38.560 – Staff encourages the integration of subdivision identification signage and/or wayfinding signage with this submittal. A comprehensive sign plan can be reviewed as a part of the district master site plan and incorporated into the design guidelines. The following revisions to the comprehensive sign plan are required: a. Wayfinding signage is permitted for defined districts of 30 acres or more. Provide the following detail/response for approval of wayfinding signs: The following has been added to the Wayfinding section. • Include a description of the installation and maintenance program for the signs including, but not limited to: who is responsible for installation and maintenance; identified reliable funding for installation and maintenance; contact plan for the responsible individual; and a description of how the sign program will be kept updated or removed. If the signs are to be illuminated, a description of how the power source may be removed and made safe must be included. • Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual aesthetic consistent with the streetscape design elements in the district; coordinate information for pedestrians and drivers in a clear, consistent, and understandable format, and reduce visual clutter. • Include information on how the district stakeholders were given opportunity to collaboratively participate in the selection of the sign types and designs. • Clearly describe the hierarchy of signs and include the criteria for determining sign placement and size. Any signs intended to be read from the right-of-way must comply with the lettering standards of the Manual for Uniform Traffic Control Devices for the road type and speed. • Include signage elevations and plans with corresponding map, designating sign types and locations. (This can be a condition of approval if not yet developed). b. The temporary freestanding signs described on page 3 are portable signs as defined in section 38.700.070. Portable signs are prohibited per 38.560.030.A.1 except as allowed by Public Works encroachment permits within the downtown area and must be removed from the plan. Noted. This has been eliminated. c. Staff recommends providing visual examples of all types of permitted and prohibited illuminated and non-illuminated signs with the comp sign plan. We understand the intent of this however due to the fact all signs must be pre-approved by the Master Developer we are not inclined to add this information at this time. ENGINEERING COMMENTS: 1. See attached memo. Reviewing Staff 1. Planning Division, Danielle Garber, dgarber@bozeman.net, 406-582-2272 2. Engineering Division, Griffin Nielsen, gnielsen@bozeman.net, 406-582-2279 3. Building Division; Bob Risk, brisk@bozeman.net, 406-582-2377 4. Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908 5. Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317 6. Solid Waste Division; Russ Ward, rward@bozeman.net, 406-582-3238 7. Water Conservation; Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265 8. Stormwater Division; Kyle Mehrens, jkmehrens@bozeman.net, 406-582-2270 9. Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200 10. Forestry Division; Alex Nordquest, anordquest@bozeman.net, 406-582-3205 11. NorthWestern Energy; Cammy Dooley, cammy.dooley@northwestern.com 12. Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2382