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HomeMy WebLinkAbout001 Aaker District Prelininary Plat Application Narrative Subdivision Preliminary Plat Narrative RC 2 March 2023 February 2023 2 Table of Contents 1. Project Team 2. Narrative a. Project Overview b. Subdivision Preliminary Plat Check list c. Response to Pre. App Comments d. Response to Preliminary Plat Approval Criteria e. Preliminary Plat Supplements Appendices Appendix A - Vicinity Map Appendix B - Land Use Diagram Appendix C - Block Frontage Diagram Appendix D - Developable Area Diagram Appendix E - Phasing Plan Appendix F – Subdivision Green Plan Appendix G - CCR's Appendix H - Bylaws Appendix I - Design Regulations Appendix J - Concurrent Construction request Appendix K - DEQ Exemption Letter Appendix L – SID Wavier Appendix M – Wetland Delineation Report Appendix N – Flood Hazard Evaluation Appendix O - Geotech Report Appendix P - Weed Management Plan Appendix Q - Wildlife Letter - FWP Appendix R - Water Design Report Appendix S - DNRC Intent to Issue Well Permit - Letter Appendix T - Sewer Design Report Appendix U - Stormwater Management Report Appendix V - Streets, Roads and Alley's Design Report Appendix W - Traffic Impact Study Appendix X- Service Letter - Non-Municipal Facilities Appendix Y - Parks Master Plan Appendix Z - Environmental Assessment Appendix AA - Ditch Company Letter Appendix BB - CILWR Letter Plans Preliminary Plat Civil Plans Landscape Plans February 2023 3 1. Project Team APPLICANT West University, LLC Attn: Barry Brown 109 East Oak Street, Suite 2B Bozeman, MT 59715 Ph. 406.581.3837 Email: barry@cannerydistrict.com PROJECT CONSULTANTS Intrinsik Architecture Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph. 406.582.8988 Email: tsteinway@intrinsikarchitecture.com Stahly Engineering & Associates Attn: Cordell Pool 851 Bridger Drive, Suite 1 Bozeman, MT 59715 Ph. 406.522.8594 Email: cpool@seaeng.com Design 5 Landscape Architecture Attn: Katie Sewell 111 North Tracy Avenue Bozeman, MT 59715 Ph. 406.587.4873 Email: ksewell@design5la.com Confluence Consulting Attn: Rich McEldowney 1115 North 7th Avenue, Suite 1 Bozeman, MT 59715 Ph. (406).585.9500 Email: rmceldowney@confluenceinc.com February 2023 4 1. Project Overview Executive summary The project team is submitting a Subdivision Preliminary Plat for Aaker Phase 1. This project will divide the 95.41-acre parcel into 7 buildable lots (14.62 acres), 1 park lot (8.76 acres), 2 common open space lots (0.52 acres), road Right-of-Way (7.82 acres) and 1 restricted future development lot (63.68 acres, also referred to as “remainder parcel” or “future phase(s)”). A Master Site Plan Application, which will include all the REMU zoned portions of the Property, will be submitted shortly. Community Vision Aaker (the “Neighborhood” or the “Property”) is a 95.41 acre property located at the northwest corner of the intersection of South 19th Avenue and Stucky Road. The Montana State BART Farm encompasses the north and western boundaries, whereas South 19th Avenue and Stucky Road act as the Property’s southern and eastern boundaries. Aaker is envisioned as a mixed- use, active community, which looks to capitalize on a variety of product types to create an inclusive and diverse neighborhood, that also provides amenities and services to the surrounding neighborhoods. The Property is located approximately 2 miles from downtown and is directly adjacent to Montana State University. Aaker is uniquely situated to have spectacular views to both the Spanish Peak Mountains and the Bridger Mountains. The Neighborhood’s master plan strives to respond and support the site’s natural amenities to create a unique framework that fosters walkability and a sense of place. This subdivision application is the first phase in creating the Neighborhood. Several diagrams and exhibits show the full extent of the master plan but the areas south of Kagy are still under development and will be subdivided through a future application(s). Furthermore, the reference information incorporating the remainder parcel is shown to demonstrate that this project is being thought of in a holistic manor to enhance our overall design themes. February 2023 5 Design Themes Sustainability – Connectivity & Walkability Pedestrian connectivity in this area is virtually nonexistent. The Property will prioritize enhancing the connectivity between the residents and the amenities on site – as well as the surrounding properties and neighborhoods. The planned street network extensions will drastically increase the connectivity and walkability of the broader neighborhood, which ultimately will make commercial uses like restaurants, gyms and grocery stores more accessible for the community. Natural Amenities The proposed Neighborhood will have an important focus on the existing natural systems. For example, the extensions of roadways have been shifted to avoid wetlands and watercourses wherever possible. Preserving and enhancing the existing wetlands is vital to the success of this project. The enhancement of these areas will create opportunities for the community to gather and move through the site. Additionally, the Neighborhood’s design reflects the REMU zoning district’s intent to “preserve and integrate the natural amenities into the development.” Neighborhood Focal Point The size and scale of the Property, along with the proposed zoning designations, allow for the creation of a diverse and dynamic focal point for all the residents and adjacent neighborhoods. It is envisioned that the Neighborhood will have several smaller focal points distributed among each phase. The main focal point, while not included in this application, will be the area between South 25th Avenue, South 22nd Avenue and south of West Kagy Boulevard. It aims to introduce a variety of commercial uses to a currently underserved portion of the City. Both ends of the envisioned center will be in the vicinity to planned parks which creates a unique opportunity for recreational and commercial uses to interact. Finally, this diversity in uses will allow people the opportunity to live and work within close proximity. For Phase 1, the Block 1 Park area will be the focal point. This park aims to highlight the watercourse and other natural amenities with the creation of a trail network. Additionally, this PHASE 1 FUTURE PHASE February 2023 6 park looks to create several community gathering spaces with features like a pavilion and a dog park. More information on this focal point can be found in the Preliminary Parks Master Plan (Appendix Y) and below in the preliminary plat supplements section on neighborhood centers. Lastly, Block 1 Lot 1 is envisioned to provide a neighborhood commercial amenity that will likely be an additional focus point of the Neighborhood. While the design of that lot is still in early planning stages, the envisioned uses range from a community gear garage, event center, coffee shop, etc. The goal of this lot is to create a community amenity that anchors the Neighborhood and helps build the Neighborhood’s identity and brand. Site Analysis This parcel is broadly surrounded by annexed land, although unannexed County lands abuts the parcel on its southern, western, and northern boundaries. The properties to the east are zoned a mix of residential and commercial zones. Also to the east is South 19th Avenue, a main transportation connection to Bozeman designated by the city as a principal arterial. Across 19th lies West Kagy Boulevard, a main gateway to Montana State University’s campus and student housing. To the north and west are PLI zoned parcels owned by the State of Montana (Montana State University). A buffer of land extends the full length of the north and west borders of the Property separating it from these PLI zoned parcels. Historically, this buffer area was created to separate the MSU lands from future development patterns and not included in past Annexations. To the south of the site lies Stucky Road, a collector, with additional unannexed commercial and community center sites to the south of this road. The City of Bozeman has designated the Property as Community Commercial Mixed Use within the Future Land Use Map included in the City’s effective Community Plan (Appendix B). The applicant has requested a mix of B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed-use District) for this parcel, both implementing zones of the designated Future Land Use category (Appendix B). The portion of the Property area zoned B- 2M is 47.51 acres, while the REMU portion zoned area is 47.90 acres (each inclusive of the adjacent rights-of-way, for a total area of 95.41). The intent of the REMU zoning district is to “preserve and integrate the natural amenity into the development.” One of the major constraints/opportunities for this site are the 2 unnamed waterways that frame the eastern and western sides of the site. The waterways and associated wetlands create a unique opportunity to create sizable parkland and open space in proximity to all our proposed blocks. Additionally, this allows for the installation of the PROST plan trails to help promote pedestrian mobility. Several years ago, Montana State executed a land trade to create a land buffer between its BART Farm operations and this lot to prevent any future development from interfering with or encroaching upon the agricultural operations/studies. In reviewing the 2008 MSU Master Plan it appears the intention for this land directly to the west and north of our project site is to remain as an agricultural district for teaching and research programs. The plan proposes to protect a 250-acre area for the continuance of on-campus agricultural activities. Furthermore, their master plans do not show an extension of the existing February 2023 7 street grid with streets like Kagy Boulevard. By not connecting Kagy, it dramatically changes the road classification on our site and the need for a principal arterial road cross section. The Plan The vision for the Aaker Master Plan was developed and influenced by several factors related to the natural site amenities, the community, and social framework of the area. Outlined below are planning principles that have been incorporated into the site program and concept plan. These principles are to serve as a guide for all levels and elements of design, phasing and implementation. These principles are as follows: Principles1: Create diverse housing and commercial opportunities. Principles 2: Enhance and preserve the existing natural systems. Principles 3: Enhance the overall community connectivity. Taking these principles into consideration, the plan has been developed to utilize walkable streets, ones that integrate with the existing and future neighborhoods. Kagy Boulevard aims to February 2023 8 be the main entry point into the Neighborhood and will be extended to the western property boundary. All block frontages along street frontages will be designated as “Mixed”. This will allow flexibility to develop certain areas with a more urban commercial “Storefront” feel and other areas as more residential “Landscaped” feel without having to change the block frontages down the road. The buildable lot adjacent to the park will utilize the park/trail block frontage. The REMU zoning district envisions a balance of both residential, at a variety of shapes and scales, coupled with a small amount of neighborhood commercial. The intention of this first phase is to create 2 distinct housing options, townhouse/rowhouses, and apartments. These housing types will greatly feed the larger community commercial components that are envisioned in the future phase(s) of this project. In this first phase, Block 1 is envisioned as a community commercial amenity. This amenity, while still in its early planning stages, is envisioned to serve as an asset for the whole Neighborhood. The vision is that this Lot will serve a need for the residents of the community. At this time the number of dwelling units are still in flux, but more concrete numbers will be submitted with each site plan application. The goal, it is to achieve and average density in the 12 - 25 unit an acre range. Please see the narrative Section 5 for a land use breakdown. The PROST Plan identifies 2 north/south trail corridors through our site, one along the western side of the site and the other along the eastern side of the site. The western trail will be a 10’ concrete trail as requested by the Parks Department. The eastern trail will remain as the class 2 6’ gravel trail. Additionally, Kagy Boulevard is identified in the PROST Plan to have a shared use path within its right-of-way. All three of these pedestrian amenities are intended to be transportation pathways. All PROST Trails south of Kagy will be built in future phases but are shown for reference. Alignment with the community Plan Phase 1 Future Phase Total Area in Lots 14.62 AC 35.08 AC 49.70 AC Area in ROWs 7.82 AC 9.94 AC 17.76 AC Area in Common Open Space 0.52 AC 0.00 AC 0.52 AC Area in Park 8.76 AC 18.66 AC 27.50 AC Area in Wetland 2.81 AC 7.70 AC 10.51 AC Area in Watercourse Setback 2.29 AC 6.50 AC 8.79 AC Area in Storm Ponds in Park 0.32 AC 0.43 AC 0.83 AC Area of Road Easement in Park 0.34 AC 0.00 AC 0.34 AC Total Site Area 31.73 AC 63.68 AC 95.41 AC February 2023 9 The following additional goals and themes of the Community Plan have been incorporated into the overall project design and demonstrate how the proposed development aligns with this foundational community document. Provided below are examples to help illustrate how specific components of the project support the growth policy. · Theme 2 – A city of unique neighborhoods · Goal N-1: Support well-planned, walkable neighborhoods · N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. · N-1.7 Review and where appropriate, revise block and lot design standards, including orientation for solar power generation throughout city neighborhoods. · N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths · N-1.9 Ensure multi-modal connections between adjacent developments · N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. · N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority · Goal N-4: Continue to encourage Bozeman’s sense of place. · N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. Aaker is envisioned as a well-planned walkable neighborhood. The site has been designed to use the proposed park as a focal point for this phase of the project. Multi-modal connections are envisioned through the project to connect back to this focal point. The project will contribute to the sense of the place of this area of the community by prioritizing and enhancing/expanding the outdoor recreation amenities that exist in this area. · Theme 3 - A City Bolster by Downtown and Complimentary Districts · Goal DCD-1: Support urban development within the City. · DCD-1.2 Remove regulatory barriers to infill. · DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. · DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community · Goal DCD-3: Ensure multi-modal connectivity within the City. · DCD-3.1 Expand multi-modal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. · DCD-3.2 Identify missing links in the multi-modal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. · DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion. February 2023 10 This project is an infill project located within the current city limits. The project includes significant open space and parks to compliment the surrounding neighborhoods and future adjacent commercial centers. This site also prioritizes multi-modal connections enhancing the pedestrian connections to adjacent neighborhoods. · Theme 4 - A City influenced by our Natural Environment, Park and Open Lands · Goal EPO-2: Work to ensure that development is responsive to natural features. · EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. The Aaker Neighborhood has been carefully designed to protect the adjacent wetlands. Rather than looking at these wetlands as a challenge we are choosing to enhance them, as well as activate areas adjacent to them. · Theme 5 - A City That Prioritizes Accessibility and Mobility Choices · Goal M-1: Ensure multi-modal accessibility. · M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, powered wheelchairs, etc.). · M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/scooter share, transit service, bike, and pedestrian connections). · M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. · M-1.11 Prioritize and construct key sidewalk connections and enhancements. · Goal M-2: Ensure multi-modal safety. · M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. While the project has been designed with safe streets and access for pedestrians and bikers, it is also comprehensively planned for auto vehicles with sufficient parking throughout. In addition, the Parks provide for easy and safe pedestrian and bike connections throughout the project and to adjacent neighborhoods as well. Phasing This application is Phase 1 of the overall Neighborhood. Future applications will be required to further subdivide the remainder parcel created by this application. Additionally, a Master Site Plan application for the REMU Zoned areas will be submitted shortly behind this Preliminary Plat Application, as required by the UDC. Common subdivision infrastructure improvements are critical to the project utility, transportation, and parkland networks. The construction of these improvements will be installed in one phase. Installation of improvements for future phases will be identified in future application(s). These common subdivision improvements will need to be installed or financially guaranteed prior to occupancy of any structures within that phase. Furthermore, a request to construct site improvements including residential structures, concurrently with these common subdivision infrastructure improvements is included in this application. February 2023 11 2. Preliminary Plat Checklist Items 38.220.040 1. Pre-Application information. All information required with the Pre-Application plan, as outlined in section 38.220.030. Response: Acknowledged. All information required with the Pre-Application has been included in this application. 2.Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. Response: Acknowledged. All plans will include the appropriate information listed above. 3.Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department. Response: Acknowledged. Please see the Vicinity Map (Appendix A) & Preliminary Plat Sheets for all relevant information. 4.Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 5.Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 6.Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. Response: Acknowledged. Please see the N1 and Adjoiners list included in this application. 7.Perimeter survey. A survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given. Response: Please see the Preliminary Plat Sheets for all relevant information. February 2023 12 8.Section corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. Response: Please see the Preliminary Plat Sheets for all relevant information. 9.Phased improvements. If the required improvements are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. If a phase depends on improvements not included within the geographic area of a phase, or if timing of construction of improvements is separate from the timing of construction of that phase, those improvements and associated phases must be identified. Response: Acknowledged. Please see the Phasing Plan (Appendix E) indicating the timing of each public improvement. A concurrent construction request has been submitted with this application to utilize 38.270.030.B.1.b.2. Please see Appendix J for relevant information pertaining to that request. 10.Contours. Ground contours must be provided for the tract according to the following requirements: Where the average slope is: Contour intervals must be: Under 10 percent—2 feet (if all lots are over one acre in size, five feet intervals may be used) Between 10 and 15 percent—5 feet, Greater than 15 percent—10 feet. Response: Acknowledged. Please see the Civil Plan Sheets for all relevant information. 11.Waivers. List of waivers granted from the requirements of section 38.220.060 during the Pre- Application process must be submitted with the preliminary plat application. Response: There were no waivers requested during the Pre-Application. Please see the Preliminary Plat Supplements below in section 5. 12.Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental quality for infrastructure plan and specification review, the preliminary plat application must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. Response: The applicant proposes to request for exemption from DEQ review. A written request is included as Appendix K per the submittal requirements. 13.Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.170 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. Response: This item is not applicable. B. The following information must be submitted along with the preliminary plat. February 2023 13 1.Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant information. 2. Non-compliance with standards. a. Variances. Provide a written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter). b. All others. Provide a written statement: describing any intended departure, deviation, modification, non-compliance or alternative compliance to any standard applicable to a subdivision review; providing a BMC citation to the authority authorizing the non-compliance; and providing the applicable criteria of review. Response: The project is requesting two variances, one to eliminate the requirement of extending Remington Way across a critical wetland and the other to allow a reduction in required park frontage for the phase 1 park. Please see Appendix EE for justifications for these requests. A written statement documenting modifications to access and road standards has been included in the Traffic Impact Study Appendix W. 3. Noticing materials required by section 38.220.420. Response: Please see the N1 and Adjoiners list included in this application. 4.Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: a. Covenants, restrictions and articles of incorporation for the property owners' association if covenants are proposed to ensure compliance with regulatory standards. b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or drive aisles intersect state, county or city highways, streets or roads. c. A draft of such other appropriate certificates. d. Provision for maintenance of all streets (including emergency access), open spaces to meet requirements of division 38.420 or section 38.410.040, storm water facilities, and other improvements not dedicated to the public. Response: Acknowledged. Please see Appendix G - Appendix H for draft copies of the POA documents. There are no encroachments needed with the project and therefore item B does not apply. The Preliminary Plat contains all appropriate certificates. Finally, please see the CCR's & Bylaws outlining who is responsible for the maintenance of these non-public facilities. The Kagy Boulevard street landscaping but all other roads and public park will be publicly maintained by the City of Bozeman. 5. Street profile sheets. Profile sheets for street grades greater than five percent. February 2023 14 Response: Acknowledged. The street grades for Aaker are under 5% and therefore this item is not applicable. 6. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. Response: Acknowledged. Please see the application forms included in the application. 3. Response to Pre-App Comments (22-194) 1. In parkland tracking table, show parkland required at subdivision level and at site plan level. State if all parkland (maximum required) will be given at subdivision or not. IILP is preferred over CILP for this project. Response: A parkland tracking table is provided in the Parks Master Plan (Appendix Y). This subdivision is proposing to dedicate the parkland and improvement in lieu for the all of the subdivided lots during the platting phases. As documented in the parkland tracking table the maximum dedication (12 DU/AC) is proposed for all of the Phase 1 lots. The Park IIL are proposed to be constructed in the initial park development phase. 2. Is this street easement necessary? Explore possibility of this area being part of an alternative transportation network in lieu of a street. If street easement must remain, the easement area does not count as parkland. Response: The engineering department indicated in the Pre-Application submittal that this non-compliance would be supported but a final determination would be made at the Preliminary Plat stage of review. That request has been included in this application for their review. If it is determined that the Remington Way easement isn’t needed the Final Plat will be updated to remove it. 3. BMC 38.220.030.13 - Include copies of or the recorded document numbers of all existing waivers of right to protest special improvement districts or maintenance districts which are applicable to the property proposed to be subdivided. The applicant has provide a draft of a SID Waiver. The applicant must provide a copy of the recorded document. Response: Acknowledged. A SID was included in the Annexation agreement that has been signed and it is waiting to be put on the consent agenda to be recorded. Please add this as a condition of approval while the Annexation Agreement works through the final recordation process. 4. BMC 38.410.130 - Water Rights - The applicant must contact Griffin Nielsen with the City Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR, if applicable, must be paid prior to Final Plat approval. February 2023 15 Response: Acknowledged. A Letter requesting CILWR has been included in this application Appendix BB. CILWR are needed for the boulevards along Kagy Boulevard. 5. As proposed the area indicated as future phase will be platted as a remainder lot subject to future platting review. Comments provided with this application pertain only to requirements of Phase 1 as depicted with this application. Response: Acknowledged. 6. BMC 38.220.040.B.2. - As proposed the partial street section is in non-compliance with BMC 38.400.060.A. The applicant shall provide a written statement in accordance with this section with the Preliminary Plat application. The city is in general support of the proposed non-compliance. A final determination will be made during Preliminary Plat review. The applicant shall work with the city engineering department to determine an appropriate street section. Response: Acknowledged. 7. BMC 38.410.100.A - Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. The diverted perennial stream flow of the Middle Creek Ditch will meet the definition of a water course. Impacts on the water course must be mitigated per this section. Response: This is understood. The diverted perennial stream will be diverted back to the west stream channel. The proposal is to have the perennial flow piped until it reaches the western watercourse. 8. Alterations to the Middle Creek Ditch shall be approved by the ditch company. Correspondence with the ditch owner shall be provided that proposed alterations to the ditch are acceptable. Response: This is understood. Please see the Middle Creek Ditch Company correspondence shown as Appendix AA. 9. The irrigation ditch parallel within the street easement will not allow for installation of street trees. The irrigation line shall be located outside of the street easement. Response: This proposal has been updated so that this street ROW no longer overlaps with the 20’ ditch easement. Street trees will be installed in the boulevards per the City of Bozeman standards. Please see the Landscaping Plan Set showing this updated condition. 10. BMC 38.400.020.A.c - Documented proof of adequate funding and scheduling for maintenance of all private streets, must be provided, subject to section 38.270.090. Provide this documentation for South 23rd Avenue, proposed to be a privately maintained street. February 2023 16 Response: Acknowledged. The final CCR’s will provide a mechanism to adequately fund the stormwater and landscape maintenance. South 23rd Avenue has been shifted to the west to allow for the irrigation easement to stand alone. This shift allows south 23rd Avenue to be a public street. This comment is no longer applicable. 11. South 25th Avenue shall be named Enterprise Boulevard as it is a continuation of this street from the south. Response: At this time, it is unknown how South 25th Avenue will connect to Enterprise or if a connection there is viable. Conceptually, a connection is shown in several plans and diagrams, but the street layout might be reconfigured during future phases of the Aaker Neighborhood. For this reason, it makes more sense to leave South 25th Avenue as is for now. 12. The proposed watercourse setback encroachment is located in the proposed future phase therefore it is not a required variance for Phase I as proposed. However, this will be a required variance during the Preliminary Plat that requires the construction of South 22nd Avenue and related stormwater improvements. Response: The project has been reconfigured and no variances are needed. Originally, there was a stormwater pond for Kagy located in Zone 1 of the water course setback (adjacent to South 22nd Avenue) but that stormwater pond has been converted to a bio-retention swale eliminating the need for that variance request. 13. The perennial flows in the Middle Creek Ditch must be diverted with the improvements associated with Phase I. These improvements must be complete to change the classification of Middle Creek Ditch to an irrigation facility north of the proposed head gate. Response: Acknowledged. Please see civil sheet C1.0 for the Phase 1 Subdivision Plan. 14. BMC 38.220.040.B.2. - As proposed ending Remington Way prior to the subdivision's western boundary is in non-compliance with BMC 38.400.010.A.1. The applicant shall provide a written statement in accordance with this section with the Preliminary Plat application. The City is in general support of the proposed non-compliance. A final determination will be made during Preliminary Plat review given the above requested information and supporting documentation. Response: Acknowledged. This proposal requests to create a non-compliance with section 38.400.010.A.1. Continuation of Remington Way would result in fragmentation of the park, additional wetland impacts, and only provide marginal connectivity to the overall system. This portion of the project and adjacent properties will be better served by future planned collectors (South 27th Avenue & Lincoln Street). An easement is proposed through the park, in case this street extension is deemed necessary in the future. February 2023 17 15. BMC 38.400.010.A.8 - Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. The proposed street network does not allow for secondary access to Block 1 Lot 1. The applicant shall provide additional provisions for access or additional information of how proper facilitation of traffic movement and emergency services can be safely provided. Please work with the Engineering and Fire Departments to achieve proper access. Response: This is a temporary condition as described in the transportation plan, as Kagy Boulevard will continue to the west providing a secondary access point. The proposed lot accesses will serve as temporary “T” turnarounds until adjacent lots are developed. With lot development, adequate maneuverability will be provided onsite for fire and trash trucks. These items will be adequately addressed during the Site Plan Review Process. 16. The dead end at Kagy Boulevard shall provide means for snow plow and emergency services turn around. Response: The two drive isles (Block 1, Lot 1 & Block 4, Lot 1) on the West side of Kagy boulevard are intended to act as a firetruck “T” turnaround. This makes the section of road past these driveways less than 150’ and eliminate the need for an additional firetruck turnaround. 17. A 1 foot no access strip shall be shown on all lots along West Kagy Boulevard. Additional access locations on Kagy Boulevard are subject to access spacing modification review. See additional change marks for additional information. Response: Acknowledged. This has been added to the Preliminary Plat. 18. BMC Table 38.400.090-1 - The proposed full access does not meet access spacing requirements. Modification to access standards may be requested per BMC 38.400.090.H. Response: Access standards are proposed to be modified for intersections and planned approaches on Kagy Boulevard. A coordinated and systematic design can support accesses that are nearer than standard spacing. In order to provide a system of local streets and blocks, South 23rd Avenue is positioned 435’ from South 22nd Avenue instead of the 660’ required by code. Additionally, the distance between South 23rd Avenue and South 25th Avenue is 595’ instead of the 660’ required by code. Lastly, lot approaches are proposed to be located between South 23rd Avenue and South 25th Avenue and to the west of South 25th Avenue. Systematically these intersections and approaches produce an access spacing roughly equivalent to 1- block intervals, which is a reasonable balance between access and uninterrupted traffic flow. The Traffic Impact Study analyzed each access and shows that proposed spacing does not interfere with capacity or level of service, turning movements or February 2023 18 vehicle ques, and has sufficient site distance for safe access. The remainder of Kagy Boulevard will have a 1’ no access strip, restricting access to the approved locations. 19. BMC Table 38.400.090-1 - The proposed access does not meet access spacing requirements. Modification to access standards may be requested per BMC 38.400.090.H. Response: Please refer to comment response 18 for more information. 20. DSSP Section V.A. and B - A water and sewer design report must be prepared by a professional engineer for the proposed project. The water distribution system must be designed to meet the maximum day demand plus fire flow and the peak hour demand. The sewer system must be design to meet peak demand. Response: Acknowledged. Preliminary Engineering Reports have been provided as Appendix R & Appendix T. 21. DSSP Section II A. 4. - The applicant must include a storm drainage plan with post- construction storm water management controls that are designed to infiltrate, evapotranspire, and/or capture for reuse the post-construction runoff generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation. Response: Acknowledged. A Stormwater Engineering Report is provided as Appendix U. 22. DSSP Section II C. - The applicant must provide on-site detention with release rates limited to predevelopment runoff rates. Retention ponds must be sized based on a 10-year, 2-hour storm intensity. Response: Acknowledged. This information is provided in the Stormwater Engineering Report (Appendix U) and is also shown on the Civil Plan Set Sheets. 23. Montana Post Construction Storm Water BMP Design Manual - The proposed project is located in an area that is known to have seasonally high groundwater. The applicant must demonstrate that seasonal high groundwater will not impact the function or maintenance of the proposed facilities. Industry guidance recommends a three-foot minimum separation from the bottom of the proposed facility to the underlying groundwater table. The applicant must provide local seasonal high groundwater elevations to support the proposed design. Response: Acknowledged. This information is provided in the Stormwater Engineering Report (Appendix U) and is also shown on the Civil Plan Set Sheets. 24. Library Comment The subject property is located within the Meadow Creek Subdivision Signal Payback and Meadow Creek Subdivision Sewer Payback district boundary. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to Final Plat. References documents February 2023 19 https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718& and https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437& Response: Acknowledged, any paybacks will be paid prior to final plat. 25. A current flood hazard evaluation per 38.600 which encompasses all water courses must be provided. Response: Acknowledged. This is provided as Appendix N. 26. BMC 38.410.080 - Stormwater retention or detention ponds may be located within public parkland, but such areas must not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Response: Acknowledged. Please see the qualifying parkland outlined in the Parks Master Plan tracking table (included in the Parks Master Plan Appendix Y). All wetlands, watercourses (and associated setbacks), and stormwater ponds have been removed from the qualifying parkland. 27. Fire supports as proposed but will require temporary emergency vehicle turnarounds at roads dead ending over 150 feet. Also, with signage. Response: Acknowledged. For Kagy Boulevard the driveway approaches for Block 1 Lot 1 and Block 4 Lot 1 align to create a “T” turnaround, the section past this “T” is less than 150’. For South 25th and South 23rd a driveway approach is shifted to the north of the site to eliminate this dead-end condition and the need for a turnaround. 28. The existing irrigation ditch would be considered a watercourse per BMC and require setbacks. Response: The perennial stream flow and flood flows are proposed to be diverted to the western stream channel at the south end of the Property. Additionally, a headgate is proposed to be installed on the irrigation pipe to control the irrigation diversions. Returning this perennial water provides flood protection for properties along the irrigation ditch and allows this ditch to be classified as a non-watercourse. 29. Is the proposal to preliminary plat the entire project (Phase 1 and Future Phase), or will you only be preliminary plating Phase 1? Please elaborate on phasing plan and ensure adequate access, services, parks, etc. that are equal to the amount of development are provided as each phase develops. (For example, ensure adequate open space is provided for Phase 1, and that phase isn't relying on open space that will be provided in the future phase. Only using this as an example, not saying it is the case) Response: The Preliminary Plat is for the entire 95.41 parcel. The Kagy ROW North will be subdivided into lots, and parks. ROWs will also be dedicated with the Final February 2023 20 Plat. The property south of the Kagy ROW will be platted as a restricted lot and will be subject to further site plan or subdivision review. 30. BMC 38.410.100.A.2.e lists the exceptions for what can be placed with Zone 1 and Zone 2 of the watercourse setback. (1) On-site stormwater treatment facilities may be located in Zone 2. If this is applicable to your project, it may be allowed. If there is more that is being requested within the setback, a subdivision variance may be a route to allow other facilities within the setback. Response: The project has been reconfigured and no variances are needed. Originally, there was a stormwater pond for Kagy located in Zone 1 of the water course setback (adjacent to South 22nd Avenue) but that stormwater pond has been converted to a bio-retention swale eliminating the need for that variance request. 31. Note, no variances or waivers were requested at the PA stage, thus all supplemental documents will be reviewed with the preliminary plat submittal. Response: Acknowledged. Please see all of the Preliminary Plat Supplements and referred appendices below. The project has been reconfigured and no variances are needed. Originally, there was a stormwater pond for Kagy located in Zone 1 of the water course setback (adjacent to South 22nd Avenue) but that stormwater pond has been converted to a bio-retention swale eliminating the need for that variance request. 32. Provide any key wildlife habitat issues, including early planning suggestions from local FWP field biologists at FWP regional offices. Response: A letter from Fish, Wildlife and Parks has been included as Appendix Q. a response to their comments is below in narrative section 5. 4. Response to Preliminary Plat Approval Criteria Response to Applicable Subdivision Review Criteria (BMC Sec. 38.240.130) 1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The Preliminary Plat demonstrates compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act and has been prepared by a Professional Engineer registered in the State of Montana. The subsequent Final Plat will comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. This application is in compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). February 2023 21 3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. This Preliminary Plat is undergoing review according to the procedures provided for in UDC Section 38.240.130 and Part 6 of the Montana Subdivision and Platting Act. 4. Compliance with Chapter 38, BMC and other relevant regulations. The application is in compliance with Chapter 38, BMC and all other relevant regulations, or, as stipulated in any unmet code provisions, will be in substantial compliance prior to Preliminary Plat approval. 5. The provision of easements to and within the subdivision for the location and installation of any necessary utilities. All necessary utility easements have been provided for, both to and within the subdivision, as shown on the Preliminary Plat. 6. The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. All subdivision parcels have been provided with legal and physical, as shown on the Preliminary Plat, which includes the relevant instrument numbers as required. Primary Subdivision Review Criteria, Section 76-3-608 1. The effect on agriculture. The subject property is designated as Community Commercial Mixed Use according to the City of Bozeman Community Plan. The area included in this application is zoned Residential Emphasis Mixed Use (REMU) and has been annexed but is vacant. The remainder parcel has a mix of Residential Emphasis Mixed Use (REMU) and Community Business District - Mixed (B- 2M). The buildable portion of the proposed subdivision is residential in nature. Historically, an agricultural operation existed on this site, but that operation has since been terminated to allow for the Annexation and subsequent subdivision applications. This subdivision will not have adverse effects on surrounding agricultural operations. Furthermore, several years ago MSU traded land with this property owner to allow for the maintenance of a buffer between the Colleges Agriculture activities and any development. In reviewing the Master Plan for MSU this area is not envision to be developed and this buffer will remain. 2. The effect on Agricultural water user facilities. All agricultural water uses facilities on and adjacent to this project will be protected and allowed to continue. The irrigation ditch is proposed to stay in its current location (with a 20’ easement). There are a few road/accesses crossing that but there are no anticipated impacts to this ditch. February 2023 22 The Middle Creek Ditch Company has been contacted to ensure that all agricultural water uses facilities will be protected and that access for maintenance is adequately provided. Correspondence with the Ditch Company has been included in this application as Appendix AA. 3) The effect on Local services. Water/Sewer – Municipal water and sewer mains exist within the development and in the adjacent street rights of way of to serve the development. The subdivider proposes to extend water and sewer mains throughout the development and to the individual lots within the subdivision. These internal water and sewer mains will be installed or guaranteed prior to final plat approval. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout for this phase utilizes Kagy Boulevard (Arterial), and Remington Way (Local) to provide primary site connectivity. Other internal local streets provide access to all lots. The proposed streets and lot accesses provide for a well-connected neighborhood. Internal circulation will be necessary to provide human scale block circulation which will be finalized during a future site plan application. Future development on the restricted parcel will connect to both South 19th Avenue (Arterial) and Stucky Road (Collector). Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual buildings prior to recording of the final plat. Stormwater - The subdivision will construct storm water control facilities for public streets conforming to municipal code. Individual lots are required to construct their own onsite stormwater control facilities. Inspection of installed facilities prior to final plat and/or site occupancy to verify that standards have been met. Maintenance of the public stormwater facilities is an obligation of the property owners’ association as outlined in the CCR’s (Appendix G). Parklands - The proposal meets the required park dedication and improvement standards as described in The Parks Master Plan Appendix Y. 4) The effect on the Natural environment. The subdivision will not have a significant effect on the Natural environment. Aaker was designed with a focus on preserving the natural elements that exist within the Property. Natural watercourse corridors are being maintained in public parkland with 50-ft wetland setbacks provided along the existing watercourse boundary. All required wetland permits will be secured prior to any disturbance of wetlands on site. The watercourse setback for the watercourse is located within the proposed park corridors, and this area is to be protected as part of the overall development of the parks. The project proposes to use native and drought-tolerant plants where practical (and allowed under City standards). Watercourse plantings along the site’s natural watercourses will also be provided. February 2023 23 Parks and open spaces will be irrigated with exempt irrigation wells using efficient watering techniques and technologies to promote water conservation. See Appendix Y – Parks Master Plan for additional information on the proposed plantings and irrigation plan. 5) The effect on wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat at this property. The Parks Master Plan (Appendix Y) has demonstrated a dedication to preservation and enhancement of the riparian corridors. There are no known endangered or threatened species on the Property. Additionally, please see letter from Fish, Wildlife and Parks (Appendix Q) documenting that there are no endangered or threatened species located on this site and the Preliminary Plat Supplement below. 6) The effect on Public Health and Safety The proposed subdivision will not have a negative effect on public health and safety. All infrastructure will meet or exceed City standards and will protect public health and safety. The improvements to wetlands will not impact the project site. The project will be further reviewed through future Final Plats and Site Plans to ensure the intent of the regulations in Chapter 38 of the Bozeman Municipal Code is met. Chapter 38 includes the protection of public health, safety, and general welfare as a foundational tenet; therefore, the subdivision continues to be reviewed with this expectation in mind. DRC review has shown that this submittal is in general compliance with the Chapter 38, and conditions of approval are expected in response to this submittal where additional information is required to ensure approval. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated, and this narrative demonstrates compliance with the requirements as shown herein. 5. Documentation of Compliance - 38.220.060 1. Surface Water A Wetland Delineation report was prepared by TerraQuatics for the entire Aaker property and has been included as Appendix M. Historically and currently this site has been used for agricultural crop production and grazing. The results of that study show that there are three wetland systems within the Aaker property and all three systems include a non-wetland waterway that appears to convey ground water and Middle Creek Ditch Irrigation Water. Included in the study are several figures and map delineating the wetland systems. Furthermore, those wetland systems are depicted on the Civil Plan Sheets. An Army Corp of Engineers 404 permit is currently being prepared to mitigate all wetland concerns with the proposed Aaker Phase 1 Subdivision. That application isn’t finalized yet but will be submitted shortly. 2. Flood Plains A Flood Hazard Evaluation has been completed and the results of that study are included as Appendix N. The existing conditions model results show that the 100-year inundation area is February 2023 24 mostly contained within the area that was also delineated as wetland and is within the 50’ watercourse setback area. The results of the model for the proposed conditions show that there is some backwater created by the new road crossings for Kagy Blvd., but that the additional flooded area is within the watercourse setback and on the subject property. A comparison of the existing conditions and proposed conditions are included in the study. 3. Groundwater Groundwater monitoring was conducted throughout the 2022 season and is provided in the Geotechnical Report Appendix O. Depth to seasonal high groundwater varied from near the surface in the wetlands to about 3-4’ below ground at the proposed lots. Groundwater is generally flowing to the north. Proposed street and lot grading will raise the developed portions of the site approximately 2-3’ resulting in a typical depth to seasonal high groundwater in developed areas of about 5-7’. 4. Geology; Soils; Slopes Allied Geotech conducted a field investigation of the site in 2021 and developed recommendations for development of the site in a report dated August 2022. A copy of that report is included in this application as Appendix O. The information below responds to the requirements BMC 38.220.060.A.4. Geologic Hazards There are no known natural geologic hazards on the Property. The Property is comprised of an undeveloped agricultural field that is mostly flat, falling slightly to the north at less than 2 percent. This site does experience high ground water which is not uncommon for Bozeman. Due to this factor several building recommendations have been provided to mitigate any future development. Protective Measures Please refer to the paragraph above. Unusual Features There are no unusual features on the site. The site has high groundwater but this typical of most areas being developed in Bozeman and as such is not unusual. There are no slopes greater than 15% on site. Soils Map A soils map and NRCS soil information is included in the Geotechnical Report. Cuts and Fills It is not anticipated that cuts or fills will exceed 3’ for the project. 5. Vegetation February 2023 25 The Montana Natural Heritage Program (MTNHP) maintains a statewide database for natural and human land cover. The subject is shown to consist of: Rocky Mountain Lower Montane, Foothill, and valley grassland (green on the map below); and Cultivated Crops (yellow on map below). Additionally, the MTNHP identities two emergent wetlands onsite which have been depicted on all of the civil drawings and further studied in the Surface Water Report & Floodplain study. Protective measures The existing wetland will be preserved in parkland. The wetland impacts are limited to two road crossings and a park trail which are required by the City of Bozeman code. These impacts will be mitigated through the Army Corp of Engineers permitting process. The remainder of Aaker Phase 1 Subdivision will be designed to avoid impact to all other wetlands areas on the subject property. Noxious Weeds and Revegetation plan A weed management plan is included as Appendix P. 6. Wildlife Fish, Wildlife and Parks was contacted to comment on the proposed development during the Pre-Application stage of review. Their response letter has been included in this application as Appendix Q. FWP had two main concerns in their review: Source: Montana Natural Heritage Program Map Viewer February 2023 26 1. This project will increase the amount of impervious surfaces, which will increase surface runoff and delivery of pollutant to surrounding streams and wetlands. Their suggestion was to propose stormwater management systems (detention ponds) that provide the opportunity for ground infiltration of surface runoff to occur. This concern has been effectively mitigated through the current stormwater design. 2. There are nearby streams that convey water downstream to habitats that support popular recreational fisheries, and it is important to maintain a stream setback of 200’ to improve the condition of the streams within the proposed development. This was taken into consideration when the overall layout of the subdivision was laid out. In most cases the watercourse stream channel will be within a designated city park, which will prevent any impactful development. Furthermore, the City of Bozeman has watercourse (& wetland) setbacks that apply to these streams which are intended to mitigate those concerns. Lastly, there are only a few locations where the overall stream channel is less than 100’ from a developable lot but in those cases the planned land use for those lots is relatively low density and should have minimum effect, if any, on the quality of the stream. Overall, the concerns of FWP have been effectively mitigated through the overall subdivision, park, and stormwater management layouts. 7. Agriculture The subject property is designated as Community Commercial Mixed Use according to the City of Bozeman Community Plan. The area included in this application is zoned Residential Emphasis Mixed Use (REMU) and has been annexed but is vacant. The remainder parcel has a mix of Residential Emphasis Mixed Use (REMU) and Community Business District - Mixed (B- 2M). The buildable portion of the proposed subdivision is residential in nature. Historically, an agricultural operation existed on this site, but that operation has since been terminated to allow for the Annexation and subsequent subdivision applications. This subdivision will not have adverse effects on surrounding agricultural operations. Furthermore, several years ago MSU traded land with this property owner to allow for the maintenance of a buffer between the Colleges Agriculture activities and any development. In reviewing the Master Plan for MSU this area is not envisioned to be developed and this buffer will remain. 8. Agricultural Water User Facilities All agricultural water uses facilities on and adjacent to this project will be protected and allowed to continue. The irrigation ditch is proposed to stay in its current location (with a 20’ easement). There are a few road/accesses crossing that but there are no anticipated impacts to this ditch. The Middle Creek Ditch Company has been contacted to ensure that all agricultural water uses facilities will be protected and that access for maintenance is adequately provided. Correspondence with the Ditch Company has been included in this application as Appendix AA. A stand alone document addressing conformance with these standards is provided as Appendix AA.1. 9. Water and Sewer Please see the preliminary water and sewer design reports included as Appendix R & Appendix T. Sewer February 2023 27 Sanitary sewer service will be provided by new 8”, 10”, and 12” main extensions from existing sewer mains in adjacent City streets. Proposed sewer mains will be in new city streets, constructed with the subdivision. The project will provide approximately 4,630 linear feet of new sewer main and 16 new manholes. The proposed sewer system improvements are shown on the Plan Sheet C3.0 - Sewer Plan attached at the end of this report. Due to the large lot size, it is anticipated that future lot development will require on-site main extensions to serve future development. Sewer main stubs are provided to the lot lines where on-site main extensions are envisioned. Water This area of town is supplied primarily by an existing 24” water main in South 19th Avenue. Smaller 8” water mains in Kagy Boulevard and Remington Way currently run from South 19th Avenue to the Aaker property. New 8” water mains will be extended in proposed subdivision streets within the Aaker Phase 1 Subdivision. This subdivision will provide approximately 4500 linear feet of 8” water main connecting to existing mains in two locations. In addition, thirteen (13) new fire hydrants are proposed with the development. Proposed water mains will be extended to the exterior subdivision boundary and planned street alignments, to allow for future extensions and connections to planned future large diameter trunk lines in Stucky Road, Lincoln Street, and South 27th Avenue. The proposed water system improvements are shown on the C2.0 Ph. 1 Water Plan attached at the end of this report. Due to the large lot size, it is anticipated that future lot development will require on-site main extensions to serve future development. Water main stubs are provided to the lot lines where on-site main extensions are envisioned. Proposed Phase 1 and future phase public parks will be irrigated by wells. The planned total park irrigation is estimated to be approximately 8.68 acre-feet per year, within the 10 acre-feet exemption. Private lots and street boulevard landscaping will be irrigated with City water. Kagy Boulevard will be landscaped with the subdivision improvements and is proposed to be irrigated by a dedicated water service/meter pit for this street landscaping. The Aaker Phase 1 Subdivision water main extensions will be designed in accordance with Montana Department of Environmental Quality Circular 1, and the City of Bozeman Design Standards and Specifications Policy. Construction specifications will be Montana Public Works Standards and Specifications (MPWSS), and the City of Bozeman Modifications to MPWSS. 10. Stormwater Management A stormwater design report is included as Appendix U. Stormwater runoff from the Rights-of- Ways will be directed as street runoff to inlets and then conveyed to stormwater retention ponds and bio-retention swales for storage and treatment. The stormwater from the individual sites will be addressed with each individual site as part of the site plan review process. February 2023 28 11. Streets, Roads & Alleys A street design report and traffic study has been completed for the development and are included as Appendix V & Appendix W. The following text is provided in the order outlined in BMC 38.220.060 A. 11. Description Streets within Aaker Phase 1 Subdivision will be designed in accordance the City of Bozeman Design Standards and Specifications Policy. Construction specifications will be Montana Public Works Standards and Specifications (MPWSS), and the City of Bozeman Modifications to MPWSS. Development of the Aaker property will transform this part of town from a community edge with few services, to a vibrant node near the intersection of two heavily trafficked arterials (South 19th Avenue and Kagy Boulevard). The transportation pathways proposed are designed to be relevant throughout and after this transformation. Forward thinking vision of a busy community hub is a critical design criterion. Bicycle and Pedestrian Pathways Transportation pathways are envisioned throughout this Neighborhood to provide adequate connectivity for the community. All of the proposed streets will have the required sidewalks. Additionally, Kagy Boulevard is planned to have 2 bike lanes on either side of it as well as a sidewalk on one side and a 10’ shared use path on the other side. Furthermore, there are several north/south trail connections through the park. Access to Arterials Kagy Boulevard is a principal arterial street planned to extend to the west in the future. As a principal arterial, a 120’ right-of-way is proposed, providing space for capacity expanding improvements when required. Kagy Boulevard from South 19th Avenue to Willson Avenue is planned to be improved by the City in the near future. The City project will help define the community’s goals for this arterial street. West of South 19th Avenue the south side of Kagy Boulevard is incomplete, with a northern “half street” terminating at the Aaker property. As currently proposed, Kagy Boulevard will be widened and extended to the west boundary of the Aaker property. The proposed street width is based on a 71’ wide 2-lanearterial with two travel lanes, median treatment and protected left turn lanes. This street section will provide sufficient capacity for the entire Aaker property and possibly into the long-term. The proposed street section aligns well with existing portions of Kagy Boulevard between the site and South 19th Avenue. The proposed design also allows for future lanes to be added by narrowing the center median, ultimately supporting two travel lanes in each direction with a protected center turn lane. 10’-wide shared use pathways are proposed along both sides of the new portions of Kagy Boulevard to accommodate bicycle and pedestrian traffic. Access standards are proposed to be modified for intersections and planned approaches on Kagy Boulevard. A coordinated and systematic design can support accesses that are nearer than standard spacing. In order to provide a system of local streets and blocks, South 23 rd Avenue is positioned 435’ from South 22nd Avenue instead of the 660’ required by code. Additionally, the distance between South 23rd Avenue and South 25th Avenue is 580’ instead of February 2023 29 the 660’ required by code. Right-in-right-outlot approaches are proposed to be located between South 23rd Avenue and South 25th Avenue midway along this block. Full access lot approaches are proposed west of South 25th Avenue, but since these are at the end of the road access conflicts do not occur. When Kagy is extended to the west these approaches could be restricted to right-in-right-out to resolve access conflicts. Systematically these intersections and approaches produce an access spacing roughly equivalent to 1-block intervals, which is a reasonable balance between access and uninterrupted traffic flow. The Traffic Impact Study analyzed each access and shows that proposed spacing does not interfere with capacity or level of service, turning movements or vehicle ques, and has sufficient site distance for safe access. The remainder of Kagy Boulevard will have a 1’ no access strip, restricting access to the approved locations. Modification of Existing Streets Other than widening Kagy Boulevard no other streets will be modified. Dust No gravel alleys are proposed and as such no dust control provisions are provided. Pollution and Erosion Maintenance of the proposed public streets will be completed by the City of Bozeman. Stormwater from streets will be mitigated in accordance with City of Bozeman Standards. Stormwater retention basins will also be maintained by the POA. Traffic Generation A Traffic Impact Study (TIS) has been conducted by Sanderson Stewart and is provided as Appendix W of the subdivision submittal. Capacity The Traffic Impact Study evaluates the level of service of intersections before and after the proposed development. The TIS shows that all on-site and nearby intersections and accesses function at a Level of Service C or better with the planned improvements, with the exception of Kagy Boulevard, which is scheduled to be improved as at City of Bozeman Capital Improvement project. Additional turn lanes or restricted turning movements are not required to accommodate the subdivision traffic. Traffic Calming At this time traffic calming does not appear to be necessary and is not proposed. Improvements and Securities All streets will be constructed with the subdivision improvements in accordance with BMC 38.270. It is anticipated that an Improvements Agreement and financial surety will be in place prior to Final Plat. Concurrent construction of subdivision and site improvements is proposed and a formal request including a plan has been included as Appendix J in this application. 12. Non-municipal Utilities The following publicly and privately owned utilities have been notified and provided copies of the Preliminary Plat for the Aaker Neighborhood: February 2023 30 · Northwestern Energy · Lumen (communications) · Charter (communications) · Yellowstone Fiber (communications) Copies of the letters to each of these utilities requesting design input are included, along with any other correspondence. 10’ utility easements are provided lot frontages for non-municipal utilities. Utility sleeves will be provided where non-municipal utilities cross streets. 13. Land Use. The preliminary plat encompasses the entire property but the property south of the Kagy ROW will be a restricted parcel, as the design development of that area is still ongoing. For the sake of this application That remainder lot has been left off because it too will go through a future subdivision application. Please see the table below showing the breakdown of the site statistics. The 14.62 Acres breaks down into 7 development lots across 3 blocks. Block 1, Lot 1 is located in the western side of the site along Kagy boulevard. This lot is envisioned to be a neighborhood commercial amenity for the residents of the entire Neighborhood. This lot has uniqueness due to it being located on the park. This will provide for great opportunities for uses such as a community gear storage room, coffee shop, or small neighborhood focused restaurant/retail operation. The exact use for this site is still in the early planning stages but the vision is to create an anchor to help the overall brand and identity of the Neighborhood. The vision for Blocks 2 & 3 (6 total lots) is to be more residential in nature. It is envisioned that there would be a mix of rowhouse/townhouses and mixed-use apartment buildings. the overall idea would be to have active street frontages with parking circulation and other associated Phase 1 Total Site Area 31.73 AC Area in Lots 14.62 AC Area in ROWs 7.82 AC Area in Common Open Space 0.52 AC Area in Park 8.76 AC Area in Wetland 2.81 AC Area in Watercourse Setback 2.29 AC Area in Storm Ponds in Park 0.32 AC Area of Road Easement in Park 0.34 AC Net Park Area 3.00 AC February 2023 31 amenities interior to the site. It is understood that, given the block lengths and width of these 2 blocks, internal pedestrian circulation will likely be needed. Details like these will be worked out in future site plan application. Please see Appendix B, showing the proposed land uses for this project. Future phases are shown for reference but are subject to further design development and change. 14. Parks and Recreation Facilities Please refer to the Parks Master Plan in Appendix Y for all details on the proposed Parks and Recreation Facilities. 15. Neighborhood Center Plan The size and scale of the Property, along with the proposed zoning designations, allow for the creation of a diverse and dynamic focal point for all the residents and adjacent neighborhoods. It is envisioned that the Neighborhood will have several smaller focal points distributed among each phase. The main focal point, while not included in this application, will be the area between South 25th Avenue, South 22nd Avenue and south of West Kagy Boulevard. It aims to introduce a variety of commercial uses to a currently underserved portion of the City. Both ends of the envisioned center will be in the vicinity to planned parks which creates a unique opportunity for recreational and commercial uses to interact. Finally, this diversity in uses will allow people the opportunity to live and work within close proximity. For Phase 1, the Block 1 Park area will be the focal point. This park aims to highlight the watercourse and other natural amenities with the creation of a trail network. Additionally, this park looks to create a community gathering space with features like a pavilion and a dog park. Please see the Parks Master Plan Appendix Y for more information about the phasing of improvements. The qualifying criteria for this location are described below: · 38.410.020.A.1 - The proposed neighborhood center is within 600’ of the geographical center of the site. Additionally, while the 600’ requirement is still met the site does have the presence or critical lands. · 38.410.020.A.2 – This park is proposed to be developed in one phase. · 38.410.020.A.3&4 - This neighborhood center has less than 50% frontage but this frontage is limited due to the presence of critical land. The focal point of the park does have 100% frontage along a street. Maintenance of this neighborhood center is further described in the Parks Master Plan Appendix Y. · 38.410.020.A.5&6 - This neighborhood center is also being used to meet our parkland requirements for the project. There is significant area in land used as open space with enhanced natural features and a nice gathering space in the middle. Additionally, there is very limited area used for stormwater retention. 16. Lighting Plan Per BMC 38.220.060 A. 16. a lighting plan is only required where lights are proposed other than within the street right-of-way. There are no subdivision lights proposed outside of the street right-of-way. The proposed location of lights within the right-of-way are shown on the preliminary civil plans. February 2023 32 17. Miscellaneous. Public Lands There are no public lands adjacent to or within 200 feet of all sides of the subdivision. Additionally, the subdivision will not have any negative effect on access to any public lands. Hazards There are currently no hazards on site. Wildlands-Urban-Interface The proposed development is located a significant distance away from wildlands and Adjacent to urban development and major throughfares. It is not anticipated that any extraordinary provisions are required to reduce structure ignitability for the development. 18. Affordable Housing The State of Montana has limited Municipalities ability to enact Inclusionary Zoning and require affordable housing. It is the applicant’s intent to study the affordability and to provide affordable housing where reasonable. 19. Proposed subdivision advances the adopted growth policy. Please see a detailed analysis of the proposed land uses in Section 1 above. February 2023 33 APPENDICIES