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HomeMy WebLinkAbout007 Proposed RelaxationsFebruary 17, 2023 List of Relaxation Requests Shady Glen Planned Unit Development Planned Unit Development Preliminary Plan - PUDP Based on direction received during prior PUD applications and along in response to existing conditions, the Shady Glen PUD will look to request the following relaxations. Justification and reasoning for each of these is provided below. 1. Section 38.400.010.A.8: A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 2. Section 38.400.050.A: A relaxation from specific right-of-way and design standards for local streets, for Shady Glen Lane. 3. Section 38.410.040.D: A relaxation from right-of-way standards, for a pedestrian access doubling as an emergency vehicle access. 4. Section 38.410.100.A.2.c.4: A relaxation from watercourse setback and wetland buffer requirements. 5. Section 38.410.100.A.2.d: A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. 6. Section 38.310.030, Table38.310.030.A: A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to develop two deed-restricted affordable housing units. 1.Section 38.400.010.A.8, Dual-Use Access for Pedestrians and Emergency Vehicles: As a second means of access, the Applicant is requesting relaxations to design standards, to provide an emergency access in the form of a “dual-use” access restricted to pedestrians, bicycles and emergency or other authorized vehicles. Relaxations are needed to provide safety for the non-motorized public uses combined with the restricted access to motorized vehicles. Public access will be to the east through The Links Condominiums as a proposed extension of their existing access drive. However, as stated in 06 Narrative, a second public vehicular access is not feasible due to physical constraints, so a “dual-use” access is proposed to provide passage for emergency vehicles while also retaining public access along this route for bicycles and pedestrians. The pedestrian/emergency access, as proposed, would utilize an existing offsite easement from Shady Glen’s south boundary to Commercial Drive, and extend this alignment north to Shady Glen Lane. The entire access would be paved with asphalt and designed to meet the City’s emergency access standards. To take advantage of a unique opportunity to significantly enhance pedestrian connectivity, the access is proposed as a “dual-use” access combining a gated access (for emergency or other authorized vehicles) with an ADA-accessible, bike-friendly pedestrian access; refer to (054) Ex. 11 - Emergency and Pedestrian Access - Offsite Area. A locked gate would be available for authorized vehicular use, and a separate 4-foot wide un-gated opening between steel bollards would allow free passage for pedestrians and bicycles. In accordance with Fire Department requirements, the proposed vehicle gate is a swing gate with 20-foot clear width and a Knox padlock to prevent unauthorized vehicle use. The dual-purpose use would accomplish the following: A new pedestrian pathway to Bridger Drive would create a significant connection to local businesses and Story Mill Park, mid-way between existing trails on the East Gallatin River (west end of Commercial Drive) and Birdie Drive. This would be a great amenity for all trail users, Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 2 October 21, 2022 specifically, the large residential population north of Bridger Center Subdivision 081 Ex. 15 - Trail Connections The pedestrian pathway would be immediately adjacent to Shady Glen’s playground and picnic area within Common Open Space 04. The pedestrian pathway/emergency access would have a maximum slope of 5.0 percent, meeting ADA standards; the “pass-through” pedestrian/bicycle opening, next to the locked gate, would have a minimum opening width that also complies with ADA requirements. The City of Bozeman will not be responsible for maintenance. The entire access, from Shady Glen Lane to Commercial Drive, will be maintained for all-season access by a private-party maintenance agreement set up by the Shady Glen Property Owner’s Association. The “dual access” will normally function as a pedestrian and non-motorized access through the 4-foot opening, using the asphalt paving designed for emergency vehicles. Authorized/emergency vehicular traffic will enter through the larger, locked gate. An easement for pedestrian, bicycle and authorized/emergency vehicle use will be provided from the Shady Glen Lane right-of-way to the project’s south property line, where the existing 60’ easement begins. The City of Bozeman Fire Department is in support of this approach; refer to (071) Fire Dept. Support. This approach will require a relaxation for pedestrian right-of-way; refer to Section 07 (Relaxations). The Applicant will establish a maintenance agreement between the HOA and adjacent property owners along the easement to Commercial Drive to maintain the full length of the access year-round for pedestrians and emergency vehicles, both within and outside the property boundary. As a benefit not required by subdivision code, the access will enhance Public Safety in the area by serving not only the proposed Shady Glen development, but at the same time providing a currently unavailable emergency access route to all of Bridger Center Subdivision and to the east end of The Links Condominiums. This would greatly improve reliability of access to the Bridger Commercial Center in an emergency. The dual-use pedestrian/emergency access would provide a currently unavailable emergency “through” route between the existing cul-de-sacs of Bridger Center Drive/Commercial Drive and Birdie Drive. It cannot be emphasized enough that the proposed dual-use access would provide a second access for numerous commercial/industrial business that use and store chemicals and petroleum products and, in a fire, would be far more likely to produce toxic fumes or explosions than a residential neighborhood would. This is a major benefit to the entire area! 2.Section 38.400.050.A, Local Street Right-of-way and Design Standards: The Applicant is requesting relaxations to right-of-way width and construction standards on Shady Glen Lane, from its connection to an existing privately maintained access drive within The Links condominium development, through a public access and utility easement to the Shady Glen property, and through Shady Glen itself to a cul-de-sac. The relaxations are needed to minimize impacts to existing wetlands west of the street and adjacent lots, while providing adequate space for the street, pedestrian access, snow storage and residential homesites. The requested relaxations partially eliminate the east sidewalk Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 3 October 21, 2022 and east side parking lane; replace a crowned cross-section with a cross-slope; and reduce the public right-of-way width accordingly. The street itself will meet all other City standards for a local street including construction materials, slopes and horizontal alignment. Excluding the cul-de-sac area, the requested relaxations provide all the required services within a 42-foot right-of-way. Refer to (50a), (50b) and (50c) Typical Street Sections for proposed typical street sections. Each relaxation is described below. 1.Excluding the cul-de-sac area, provide an attached 5’ sidewalk on the west side of Shady Glen Lane, in lieu of the standard detached sidewalk and boulevard. Shady Glen Lane is proposed as an extension of the existing access drive through The Links Condominiums, which has an attached 5’ sidewalk on the south side. There are no residential lots on the east side of Shady Glen Lane in this area. Snow will be removed and stored on the east side of the street, in a 7’ wide landscaped area extending from the curb to the property line. The street will be privately maintained. To take the place of boulevard trees adjacent to residential lots, the Development Guidelines will require trees to be planted on each residential lot near the right-of-way line. 2.Excluding the cul-de-sac area, eliminate the sidewalk on the east side of Shady Glen Lane. This is proposed for two reasons: in this area there are no lots fronting the east side of Shady Glen Lane; and an existing, established pedestrian trail parallel to and less than 10 feet away from Shady Glen Lane can accommodate pedestrian traffic along this side of the street. The 7’ wide landscaped area between the back of curb and the property line will be used for snow storage, so snow will not be pushed onto the attached west side sidewalk or onto the existing east side trail. 3.Eliminate the east side parking lane. The purpose of the parking lane requirement on each side of the street is to provide adequate parking for lots on each side. Since there are no residential lots on the east side of the street, the east side parking lane is unnecessary and excessive. Eliminating this parking addresses concerns of the adjacent Village Greens Townhouses by reducing vehicular activity, including noise and headlights, immediately adjacent to the existing trail and townhouses. The street elevation is generally below that of the existing trail; see (57) Ex. 12 Shady Glen Lane Cross Sections. Eliminating the east parking lane also reduces storm runoff by reducing impervious area where it is not needed. The unobstructed “through lanes,” required for emergency access, are standard width and are not affected. “No Parking” signage will be installed at regular intervals along the east side of the street. 4.Reduce Shady Glen Lane right-of-way width from 60 feet to 42 feet. The reduction in right-of-way width is appropriate in combination with the above-requested relaxations: with an attached sidewalk on one side and no sidewalk on the other side, in addition to prohibiting parking on the east side of the street adjoining Village Greens, 42 feet is adequate to meet the underlying reasons that justify the 60-foot right-of-way as a City standard. Driving lane widths and the remaining parking lane width are consistent with City standards; they were not reduced to accommodate the reduced right-of-way width. In addition, there is no possibility of increased traffic on this street, so no possible need for widening it in the future. The east side right-of-way extends 7 feet beyond the curb; this area will be used for snow storage and is wider than the typical local street boulevard. Finally, the narrower ROW allows better protection of critical wetlands and the existing aspen grove by shifting residential lots away from the wetlands. Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 4 October 21, 2022 5.Replace the standard crowned street cross-section with a cross-slope. A cross-sloped street surface is proposed to promote better drainage than a crowned road would provide on this narrower street; this will facilitate long-term street maintenance such as re-paving. Street runoff will be collected exclusively in the west side curb and gutter. Maximum gutter flow depth in a 25-year storm event will meet City standards and allow safe passage of emergency and other vehicles during peak runoff. A cross slope of 3 percent is proposed and meets City standards. The above relaxations apply from the offsite connection to the west end of the existing access drive within The Links Condominiums to the east side of the proposed cul-de-sac within the Shady Glen development. The above relaxations represent a logical extension of the existing access drive within The Links. The Links has a single attached sidewalk on the south side, and no sidewalk on the north side; like Shady Glen, there are no residences on the north side and the existing trail provides pedestrian access on that side. Smooth transitions will be provided between the three typical street sections; proposed stationing (length and location) of these transitions are identified in (50a), (50b) and (50c) Typical Street Sections. Snow storage is proposed to be along the north side of Shady Glen Lane, within the 7-foot wide landscaped area from the street curb to the property line. Under existing, undeveloped conditions, the eastern 40 to 50 feet of the Shady Glen property drains east to the existing Story Mill spur trail and the Village Greens Townhouses. In contrast, following development, the width of direct runoff to the east would be reduced to the 7-foot snow storage area that generally slopes toward the west (the street) and away from the trail and townhouses. Therefore, snowmelt from stored snow would for the most part drain to the west, and there would be a net reduction in runoff, including snowmelt, to offsite areas. Refer to Exhibit 12 showing several cross-sections through this area. 3. Section 38.410.040.D, Pedestrian Right-of-Way Standards: The Applicant is requesting relaxations to the pedestrian walk setback requirement and sidewalk design standards, for a mid-block pedestrian walk that is proposed as a “dual-use” pathway for emergency vehicular access as well as for pedestrian and bicycle access. The proposed dual use is described in detail above under Relaxation #1. The pedestrian walk is proposed as a 20-foot wide walk rather than a 10-foot wide walk, to accommodate its other use as an emergency vehicle access. These two distinct uses are compatible by the use of a locked vehicle gate to eliminate unauthorized vehicular traffic. A relaxation is requested to allow a 7.5-foot setback on each side of the 20-foot wide pedestrian walk, rather than the standard minimum 10-foot setback. Because the 20-foot width is a requirement for the emergency access and a single-use pedestrian walk could meet the standards at a 10-foot width, the widening of a 10-foot walk to 20 feet is required only due to the unique, dual-use nature of the pedestrian walk. The proposed widening would result in a pedestrian “corridor” (walkway plus setbacks) of 35 feet which exceeds the standards, in terms of total width including setbacks, by 5 feet. This relaxation would allow the benefits of providing essential emergency services while also providing much improved connectivity between existing trails, neighborhoods, businesses and parks. A relaxation is requested to allow the pedestrian walk to be asphalt-paved. This request is also driven by the pedestrian walk’s other use as a “restricted access” vehicular route. Asphalt paving is the typical Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 5 October 21, 2022 surfacing material for an emergency access, and the intent is to build the pedestrian walk/emergency access in conformance with City design standards for an emergency access. The City of Bozeman will not be responsible for maintenance. The entire access, from Shady Glen Lane to Commercial Drive, will be maintained for all-season access by a private-party maintenance agreement set up by the Shady Glen Property Owner’s Association. 4. Section 38.410.100.A.2.c.4, Watercourse Setback and Wetland Buffer Requirements: The Applicant is requesting a relaxation to the inclusion of immediately adjacent wetlands and a reduction to the 50-foot wetland buffer width, as described below. The existing and proposed watercourse setbacks and wetland buffers are shown on (58) Ex. 13 - Watercourse Setback. Watercourse Setback: Per City code, the watercourse setback must extend to the edge of the 100-year floodplain and must include immediately adjacent wetlands. The Applicant is requesting a relaxation of this requirement and proposes to excavate and place fill within the shallow 100-year floodplain fringe (i.e., outside the FEMA-defined 100-year floodway), which includes immediately adjacent wetlands, on the west side of Lots 3, 4, 5, 8, 9, 10 and 11 of the proposed development. This change to the 100-year floodplain limits would allow arrangement of residential lots to meet the minimum net density required in R-1 zoning, reasonably sized building envelopes, and to keep the floodplain outside of lot boundaries as requested by the City Floodplain Administrator. The proposed floodplain limits would become the watercourse setback line and would include all immediately adjacent wetlands, upon final approval of the floodplain cut and fill by FEMA and the City of Bozeman Floodplain Administrator. A separate relaxation, presented below as Relaxation No. 5, is requested to allow placement of fill materials for non-exempt uses. Wetland Buffer: A relaxation of the 50-foot buffer width to 35 feet is requested to allow for reasonable building envelopes and to achieve minimum net density required in R-1 zoning. The residential lots have been arranged to ensure that all building envelopes would be outside of the proposed 35 ft wetland buffer. The existing 50-foot wetland buffer and the proposed 35-foot wetland buffer are shown in (58) Ex. 13 - Watercourse Setback. In support of the proposed wetland buffer width reduction, the following measures are proposed, incorporated into the project’s Design Guidelines, and will be enforced by the Shady Glen HOA: 1. The Building Design Guidelines will include a requirement, applicable to all lots within the wetland buffer and backing up to existing wetlands, for these lot owners (Lots 3 through 14) to route their roof drainage to rain barrels or on-property infiltration facilities, or to surface drain the runoff to the front side of the lot where it will collect in the street and drain into the underground storage and treatment facility located between Lots 6 and 7. This will greatly reduce the volume of direct runoff toward the wetlands and will ensure effective sediment removal. The underground storage and treatment facility will also greatly reduce Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 6 October 21, 2022 peak runoff from most storm events, resulting in a slow release that will further protect existing vegetation downstream of the pipe outfall. 2. The back yard areas of lots near the wetlands will be filled close to street level as part of the infrastructure (street and utility) construction and before lots are developed. This will create a fill slope at the back lot lines in the 20’ rear setback area. The slope will be planted with native grasses that will remain in place during and after lot development and will be protected by lot restrictions in the Building Design Guidelines. Storm runoff from top of slope areas likely to be planted with lawn and other non-native plantings will drain as sheet flow over the slope. The 15 to 30 feet or more of native vegetation will intercept, filter and infiltrate the small amount of runoff from the highly pervious back yards, making for an effective buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. 3. The HOA rules and regulations require homeowners to use phosphorous-free fertilizers in their backyards and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be posted noting the restrictions of pets from the wildlife refuge, playground area and pond viewing locations. The covenants will also include a requirement for lot owners to install and maintain continuous fencing along the wildlife preserve. 4. Construction-related sediment will be intercepted during and after fill placement in accordance with MPDES stormwater discharge requirements. This will include silt fence, wattles or other filtration measures. The treatment measures will be closely monitored and inspected after storm events and repaired immediately as needed to prevent sediment transport into the wetlands. The above measures are designed to offset the reduced buffer width by increasing protection of wetlands by other, more effective means. Many of the above-proposed efforts are not typically applied to a 50-foot buffer under standard subdivision code, so protection of wetlands will be equal or greater than could be accomplished with a standard 50-foot wetland buffer minus the additional requirements. The proposed reduction in wetland buffer width is preferable to additional impacts and off-site mitigation in a wetland bank. It maximizes retention of existing wetlands in the area, while protecting them with an adequate buffer combined with other measures as described above. The US Army Corps of Engineers has issued a wetland fill permit coinciding with the proposed areas of wetland impacts. The total impacts are less than 0.10 acres; therefore, wetland mitigation is not required, and is not proposed. However, in an effort to provide conditions conducive to natural enhancement and regeneration of wetland species, vegetation and sod mats will be carefully removed prior to fill placement and re-planted within the floodplain excavation area noted in Relaxation No. 5 below. This is a voluntary effort to reduce wetland impacts to zero and, over time, might even result in a net increase in wetlands acreage on the site. 5. Section 38.410.100.A.2.d, Fill Placement for Non-Exempt Uses: A relaxation is requested to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The proposed relaxation would be to place a small amount of fill within the shallow floodplain fringe in two areas, to bring the western edges of Lots 3, 4, 8, 9, 10 and 11 out of the floodplain. The fill material would be excavated from an upland area west of Lot 5 Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 7 October 21, 2022 that is surrounded by floodplain, that is to say, an upland “peninsula” extending approximately 250 feet into the surrounding floodplain. The proposed excavation and fill are described below. Excavation (West of Lot 5): Excavate and remove existing soil from an upland area surrounded on three sides by a “backwater” portion of the existing floodplain. The material being removed is an historic artificial fill from an old railroad bed; this fill was placed prior to the current FEMA floodplain mapping and report. The excavated area will be below the 100-year floodplain elevation, creating additional flood storage capacity and a more naturally shaped floodplain boundary. The area will then be planted with wetland vegetation (see Fill Placement below), becoming a new part of the 100-year floodplain. Fill Placement (West of Lots 3, 4, 8, 9, 10 and 11): Existing wetland vegetation and seed beds will be carefully removed from all impacted site wetlands (0.091 acres) and re-planted in the 1.3-acre excavation area west of Lot 5 along with supplemental planting of additional wetland vegetation to fill the area. This is a voluntary activity not required by the approved 404 wetlands permit (not mitigation). Following this, a small sliver of fill will be placed along the east edge of the existing floodplain fringe. Areas of fill placement are identified on (34) C-1 Site Grading Plan and Drainage. The combined fill volume below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually increases flood storage volume as compared to existing conditions. This is a rare occurrence for this type of relaxation/variance request in that the proposed plan to place fill within the floodplain would not negatively impact flood conveyance or storage capacity. A CLOMR permit for earth moving within the floodplain has been obtained from the Federal Emergency Management Agency (FEMA) and is attached as Appendix D. A City floodplain permit has been prepared and is attached as Appendix D. A wetlands delineation and 404 permit have been completed and approved by the U.S. Army Corp of Engineers for the affected wetlands. The delineation is included in this application as (55a) Aquatic Resources Delineation Map, and the approved permit is included as Bridger Center 404 Permit. 6 Section 38.310.030, Table 38.310.030.A, Authorized Uses - Residential Zoning Districts: The Applicant is requesting a relaxation to the authorized uses in R-1 zoning districts to allow townhouses as a permitted use within the R-1 zoning district in order to develop two deed-restricted affordable housing units. The units are proposed to be located on residential lots 15 and 16, as affordable home lots. Although recent legislative action eliminated the City’s affordable housing requirement, the Applicant wishes to voluntarily provide such housing as part of the Shady Glen PUD. The intent is to meet the City’s requirement for affordable housing that was in effect prior to the 2021 change in state law, by providing two (2) affordable units in response to the 1.6 units previously required per Section 38.380.060 of the UDC. In fact, Table 38.310.030.A in the version of the code in effect for this project states in a footnote that two attached townhouse units are allowed in R-1 zoning when utilized to satisfy the requirements of Section 38.380 (Affordable Housing). Unfortunately, the removal of this footnote Shady Glen PUD – List of Relaxation Requests Planned Unit Development Preliminary Plat Page 8 October 21, 2022 (and Section 38.380) to meet state law works directly against an important City goal. The proposed voluntary inclusion of affordable housing is a way for us to help achieve the City’s stated goal of increasing affordable homes, and to create an even more exceptional neighborhood of benefit to all. The two townhouses are expected to be three-bedroom units similar in size and style to the single- family residential units anticipated for the development, and similar to the existing condominiums at The Links. The proposed lots are immediately adjacent to The Links, so will provide a seamless and gradual transition between the two developments. The townhome concept is expected to be aligned in character, massing, and quality to the adjacent structures in The Links as well as the single-family homes of Shady Glen.