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HomeMy WebLinkAbout18458 Application MaterialsProposal _________________________________ Property Owners Adjacent to proposal site and across watercourses, roads*, etc. Within _______ feet of proposal site. Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from Montana Dept. of Revenue 1 2 3 4 5 6 7 8 9 10 * If road is a state highway, also include Montana Department of Transportation in property owner list. Page _____ of ______ (If additional pages of this form are needed, download the file entitled "Adjoiner List".) AdjoinerListOnly0514.docx Proposal _________________________________ Property Owners Adjacent to proposal site and across watercourses, roads*, etc. Within _______ feet of proposal site. Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from Montana Dept. of Revenue 1 2 3 4 5 6 7 8 9 10 * If road is a state highway, also include Montana Department of Transportation in property owner list. Page _____ of ______ (If additional pages of this form are needed, download the file entitled "Adjoiner List".) AdjoinerListOnly0514.docx Preliminary Plat Application Nelson Meadows Subdivision Introduction On April 9, 2018, the Bozeman City Commission granted conditional approval for the Park Place Growth Policy Amendment (Application # 18055) along with the Park Place Annexation and Zone Map Amendment (Application # 18056). The subdivision was annexed and zoned under the name Park Place. The project is now called Nelson Meadows Subdivision. The property is zoned M-1. The subject property is more particular described as follows: FULL LEGAL DESCRIPTIONS: Tract 1C of COS 1372B located in Section 22, T1S, R5E, Gallatin County Montana, AND Tract 1D C of COS 1372 located in Section 22, T1S, R5E, Gallatin County Montana, AND The Northeast Quarter of the Northeast Quarter (NE¼NE¼) and the East Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼) of Section Twenty-seven (27), Township One (1) South, Range Five (5) East, M.P.M The property generally lies in the northwest corner of the intersection of the I-90 Frontage Road and Nelson Road. This application includes the proposal for a 27 lot Preliminary Plat (27 Industrial lots, 2 stormwater tracts, and 1 lift station tract). This application is requesting a relaxation from Bozeman UDO Section 38.410.040 Blocks, as follows: Section B: Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. The Nelson Meadows configuration, as submitted, contains block lengths that are greater than 400 feet. None of our proposed blocks exceed 1,320 feet. The block layout is driven by the shape of the site, projected use of the development, existing infrastructure, and the existing stream. We are requesting a relaxation of the max. 400 foot block length, because we believe that the use of the site and the current layout meet the intent of the code (Section 38.410.040, Section A, Size and Orientation), without going over the 1,320 foot threshold. Section C: Block width. Blocks must not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. Again, the Nelson Meadows development contains block widths exceeding the 400 foot threshold. We feel that we are constrained by some of the existing conditions on site, the shape of the development, and the need to create blocks that will contain functional lot sizes for the Preliminary Plat Application Nelson Meadows Subdivision intended use of the development. Again, we would like to request a relaxation of this provision, due to the indicated restrictions. During our interim informal meetings and discussions with the Community Planning Department, we are aware of, and are interested in furthering the goals of the Department and the City. We have created a block layout that we believe meets the goals of the developer as well as those of the City of Bozeman. Section D: Rights-of-way for pedestrians. Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary to provide circulation of access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block may exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks must also be installed at the end of cul-de-sac where deemed appropriate. The proposed Nelson Meadows development provides pedestrian rights-of way that comply with the requirements in this section. There are no lengths of block that exceed 600’ without intersecting a street or walk. We are providing 30’ pedestrian rights of way with sidewalks that will comply with the city sidewalk standards. This application is requesting impact fee credits for overbuilding (upsizing of infrastructure beyond what this subdivision actually needs) the following proposed infrastructure: 1) Nelson Road – will be built to a collector standard. This subdivision would only need a local street standard to handle the anticipated subdivision traffic volumes. 2) 16” water main connection to the Wastewater Treatment Plant. This subdivision would only need an 8” main for this connection. 3) 16” water main that bisects the subdivision from Nelson Road to the West property boundary. This subdivision would only need an 8” water main. Document Organization This submittal has been prepared to address all requirements as noted in 38.41.040, BMC. The included content has been organized in a logical way to help ease navigation. It generally follows the order of the requirements in the Development Review Application (DRA) and Preliminary Plat Checklist. Preliminary Plat Application Nelson Meadows Subdivision Applicants and Design Team PROPERTY OWNER BarTimCo Properties, LLC Kent Merselis 701 Gold Avenue Bozeman, MT 59715 406-586-1995 APPLICANT Sawmill Gulch Properties, LLC Kent Merselis 701 Gold Avenue Bozeman, MT 59715 406-586-1995 ARCHITECT Bechtle Architects Scott Bechtle 4515 Valley Commons Drive, Suite 201 Bozeman, MT 59718 406-585-4161 CIVIL ENGINEER Morrison - Maierle Inc. Matt Ekstrom, P.E. 2880 Technology Blvd. W. Bozeman, MT 59718 406-587-0721 WETLANDS Morrison - Maierle Inc. Christine Pearcy 2880 Technology Blvd. W. Bozeman, MT 59718 406-587-0721 LANDSCAPE ARCHITECT DESIGN 5 Troy Scherer, PLA, ASLA 37 E Main Street, Suite 10 Bozeman, MT 59715 406-587-4873 Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx Response to Pre-Application Preliminary Plat Review Comments The responses to the City Staff review comments, June 29, 2018, from the Pre-Application process (July 6th, 2016 staff review comments can be found at the end of this section). The Staff comments are provided in standard font; responses to their comments are in bold. 1. No waivers to the supplemental information under 38.41.060, BMC are granted with this pre-application plan review. Acknowledged. 2. The preliminary plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). The Preliminary Plat will conform to all requirements as stated above. PLANNING COMMENTS 1. The subject property is zoned M-1 (Light Manufacturing) Acknowledged. 2. The default Block Frontage designation for M-1 is “Other” pursuant to section 38.510.020.C. Acknowledged. 3. Nelson Road is a designated Collector according to the Bozeman Transportation Plan, 2018. Acknowledged. See Section 22 for the Nelson Road typical road section (Collector). 4. As noted during the annexation and initial zoning process the proposed name, Park Place, must be altered prior to preliminary plat application. The proposed name has been changed to Nelson Meadows Subdivision. 5. Each lot bounded by perimeter streets must have its own block number. Block numbers have been added to the Preliminary Plat. 6. All perimeter street boulevard and landscaping must be installed within one year of final plat approval per Section 38.26.070 BMC. Landscape plans for these areas is required with the preliminary plat application. Acknowledged. 7. A wetland delineation is required with the preliminary plat application. Any required wetland setback requirements must reflect the true and accurate extent of any identified wetlands. See Section 11 – Surface Water for details. 8. Section 38.410.040. Block Length. The proposed subdivision results in a block length greater than the maximum 400 feet in length. Please revise block length or describe how the proposal meets this requirement. As noted in the Pre Application submittal, block length and width standards are not met. The proposed 30’ public access easement terminating on Frontage Road does not appear to meet the intent of the must be redesigned to provide a vehicular connection to Frontage Road. See also Engineering comments. Block Length Relaxation has been requested. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx 9. Section 38.410.040.D Block Length. The proposed subdivisions rights of ways for pedestrians show trails in pedestrian corridors. In order for these facilities to qualify to meet block length provisions, the pedestrian facility must be a concrete sidewalk per this code section. All block length pedestrian corridors shall have concrete sidewalks. 10. With the preliminary plat submittal, please show desired phasing for the project. The project will be built in one phase. 11. With the preliminary plat submittal, please accurately depict the Montana Power Company transmission line easement per Book 122, Page 192 or, if abandoned, please provide verification of the abandoned easement. See Section 9 - Preliminary Plat Drawings. 12. With the preliminary plat submittal, please provide verification of the portion of the County Road Easement described in Field Book 162, Page 41 to be abandoned, or design the proposed subdivision with the ROW as described. See the application to abandon County Road Easement Described in Field Book 162, pg. 41 is included at the end of this section. 13. Section 38.410.060 details easements. With the preliminary plat please include all necessary easements including front setback utility easement at least ten feet wide. See Section 9 - Preliminary Plat Drawings. 14. Section 38.410.030. Double/through and reverse frontage. Double/through frontage and reverse frontage lots are prohibited except where essential to provide separation of residential development from arterial streets; to provide access to development adjacent to limited access streets; to overcome topography or other physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an alley are not considered double/through or reverse frontage lots. The lots on the frontage road are a unique opportunity for the lot owners. The buildings will face the frontage road, but will be accessed from the internal road. The design guidelines call out this zone of development and will restrict the developments in this development zone so that the buildings create a cohesive streetscapes. The guidelines also call out that the elevations of the buildings that face the frontage road must be the same design threshold as the elevations that face the internal street. The UDO requirements for development of these lots will also help to direct screening and parking and other activity for the buildings. The design guidelines specifically work towards creating a development that addresses both the Frontage road and the internal road. 15. Table 320.050 details minimum lot width. Lot 16, Block 4 does not meet minimum width standards. In addition, the layout of Block 4 creates considerable difficulty to allow future owners to develop their property. Please consider alternative designs for this block. See Section 9 - Preliminary Plat Drawings. 16. Lot 29, Block 6 is irregular shape. Section 38.410.030.A describes conditions where/when irregular shape lots may be allowed. Lot designs with irregular shapes, narrow necks, points and flag shapes are permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints on infill. In this case, it appears the subdivision layout is creating the irregularity. This condition applies to numerous lots in the draft layout. See Section 9 - Preliminary Plat Drawings. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx 17. Section 38.400.010.A.1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. The proposed design does not meet minimum design standards and must consider future development of the surrounding area. The future street connection has been provided to undeveloped property to the North. See Section 9 - Preliminary Plat Drawings for details. 18. The property owner’s association must be created for the subdivision. The association must address maintenance and operations of all open spaces, stormwater facilities, and any other commonly held facilities within the subdivision. The requirements of BMC Section 38.220, Part 2 would apply. See Section 8 – Covenants, Restrictions, Articles of Incorporation, & Architectural Guidelines. 19. Section 38.870.040 Lighting. If street or private site lighting is proposed or required all lighting shall comply with the requirements of Section 38.23.150, BMC. See Section 25 – Lighting Plan. 20. A lateral of the Section Line Ditch feed the watercourse on the subject property. Section 38.410.060.D. Easements-Agricultural Water User Facilities. Please contact the appropriate ditch company regarding this subdivision and the proposed street crossing locations and any proposed activities near the ditch. Provide a review comment letter from the irrigation company with the preliminary plat. An Agency Letter has been sent to the Farmers Canal Company. See Section 19 – Agricultural Water Users Facilities and Section 23 – Agency Letters. 21. Section 38.270.030.B. Improvements, Completion Time for Subdivisions. The subdivider must specify the timing of the completion of improvements with the preliminary plat. Acknowledged. The project will be built in one phase. 22. Pursuant to section 38.410.060 private utility easements are required. A minimum of a ten (10’) foot utility easement is required on all lot frontages. In addition, a utility easement is required along the entire frontage adjacent to Frontage Road beyond Montana Rail Link ROW and/or easement. See Section 9 - Preliminary Plat Drawings. All lots are subject to the following easements, 20’ along public rights-of-way, 10’ alongside lot lines, and 10’ along rear lot lines. 23. Pursuant to section 38.400.110.G, Pathway easements. Where pathways cross private land or common open space, the proper public access easements must be provided. Public access easements for pathways must be at least 25 feet wide. The director of public works may accept an alternate easement width when said easement is parallel to a road ROW. All public access easements are shown on the preliminary plat. See Section 9 - Preliminary Plat Drawings. ANNEXATION AND INITIAL ZOING ADVISORY COMMENTS (partial): 1. Upon future development, the applicant must construct curb, gutter, and sidewalks along Nelson Road and Frontage Road where the property borders these roads. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx Nelson Road will be built to a Collector Standard. Public Works has informed the applicant that side walk will not be required on the East side of Nelson Road, North of MDT property (COS 473F). 2. Upon future development, Nelson Road and Frontage Road must be constructed to the standard defined in the City Transportation Master Plan for these roads per the City’s complete streets policy. 3. Acknowledged. 4. Upon future development, the applicant must construct an appropriate local street grid through the property that meets block length requirements defined in BMC 38.23.040. Block Length Relaxation has been requested. 5. Upon future development, the applicant must construct a local street aligned with Stonegate Drive. A 30’ public access and utility easement has been provided along the northern border. 6. Upon future development, the applicant must construct a trail network through the property as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan. See Section 27 – Open Space Plan. 7. Upon future development, the applicant must construct a stormwater system consistent with the requirements of the City Design Standards and Specifications Policy. See Section 21 – Stormwater. ENGINEERING COMMENTS 1. The applicant must construct an appropriate local street grid through the property that meets block length requirements defined in the Bozeman Unified Development Code (UDC) Section 38.410.040. Engineering does not support the block length variance based on the need for the extension of the street connections which are required in this location. The functionality of the City’s transportation network is reliant upon connectively of the street network. The applicant has worked with both the Planning and Public Works Department to develop a street grid network for the Subdivision. The approved street layout is shown in Section 9 - Preliminary Plat Drawings. 2. The applicant must construct a street from the intersection of East Valley Spur and Frontage Road to the northern property boundary, UDC Section 38.00.010.A.1. The applicant has worked with both the Planning and Public Works Department to develop a street grid network for the Subdivision. The approved street layout is shown in Section 9 - Preliminary Plat Drawings. 3. The applicant must construct a local street which aligns with Stonegate Drive from Nelson Road to the western property boundary, per UDC Section 38.400.010.A.1. A 30’ public access and utility easement has been provided along the northern border. 4. The intersection of the Nelson Road and Frontage Road does not meet the minimum intersection angle requirement of 60 degrees, per UDC Section 38.400.030.A.1. The intersection must be realigned so Nelson Road and Frontage Road intersect at 90 degrees and meets the City’s minimum street design standards. The applicant will get approval from MDT for the intersection improvements at this location. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx 5. Nelson Road must be constructed to the City collector street standard per the City’s complete streets policy from the intersection of Frontage Road to the northern property boundary. An asphalt path may not be used in lieu of sidewalk along Nelson Road. Acknowledged. 6. Frontage Road must be constructed to the standard defined in the City Transportation Master Plan for these roads per the City’s complete streets policy from the intersection of Nelson Road to the western property boundary. Nelson Road will be built to a Collector Standard. 7. The applicant must request the vacation of any existing street right-of-way or utility easements which are not part of the approved subdivision layout. See the application to abandon County Road Easement Described in Field Book 162, pg. 41 is included at the end of this section. 8. The applicant must construct a trail network through the property as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan as part of the subdivision infrastructure. The shared use path along Frontage Road must be installed as part of the required infrastructure improvements. See Section 27 – Open Space Plan. 9. Water mains must be constructed to the property consistent with the City Water Facility Plan as per UDC Section 38.410.070.A.1. a. A 16” main must extend from Nelson Drive to the intersection of Frontage Road and East Valley Spur and west along Frontage Road to the western property boundary. b. A 12” main must connect the 16: main in Nelson Road to the existing 8” main along Frontage Road. c. The proposed main extending from the Water Reclamation Facility (WRF) to Nelson Road must be a 16” main. d. The property is located in a new water pressure zone. The applicant must construct pressure reducing valves to accommodate the new pressure zone with the extension of water mains. See Section 23 – Utility Plan. 10. Future development relies on the proposed Davis Lane Lift Station defined in the City Wastewater Collection Facilities Plan. The Davis Lane Lift Station must be constructed prior to final plat approval. The applicant’s utility plan shows a private life station and force main not dependent upon the Davis Lane Lift Station. If the Davis Lane Lift Station is operational in alignment with infrastructure timing with Nelson Meadows Subdivision, then we will connect to the Davis Lane Lift Station. 11. The applicant must provide the design report and plans and specification for the private lift station with the subdivision infrastructure review. See Section 20 – Water and Sewer. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx 12. The applicant must construct a stormwater system consistent with the requirements of the City Design Standards and Specifications Policy. See Section 21 – Stormwater. PHILLIPS 66 COMMENTS 1. Please refer to the attached email dated June 18, 2018 and General Encroachment Guidelines for Property Developers and Land Owners near Philips 66 Pipeline LLC and Facilities. Acknowledged. STANDARD CODE PROVISIONS REQUIRED The preliminary plat shall comply with the standards identified and referenced in the Unified Development Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and shall be addressed with the preliminary plat application: 1. Section 38.410.130 BMC, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. Acknowledged. 2. Per Section 38.240.420 BMC, Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. See Section 9 - Preliminary Plat Drawings. 3. Section 38.410.60, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. See Section 9 - Preliminary Plat Drawings. 4. Section 38.410.080.D Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. See Section 9 - Preliminary Plat Drawings and Section 21 – Stormwater. 5. Section 38.410.080.G Finish Grade. All finish grades in landscaped areas shall comply with the provisions set forth in Section 38.26.050.L. Acknowledged. 6. Section 38.410.080.H Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope. See Section 27 – Open Space Plan. Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx 7. Section 38.410.120, if mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are used a dedicated area to pull up and access the boxes must be provided. See Section 26 – Agency Letters for a response from USPS. 8. Section 38.550.070 BMC requires that the perimeter external streets of the subdivision be constructed with a vegetative boulevard, street trees and irrigation in the public right of way. Acknowledged. 9. Section 38.420.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. Acknowledged. 10. Section 38.220.310 Property Owners’ Association. All areas reserved for open space and other common areas (i.e., storm water facilities) to be owned and maintained by the property owners’ association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. See Section 9 - Preliminary Plat Drawings. There are two Stormwater Tracts created for this purpose. 11. Section 38.220.320 Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations and “no basement restriction”, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. See Section 8 – Covenants, Restrictions, Articles of Incorporation, & Architectural Guidelines. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. Acknowledged. 12. Section 38.270.030 Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the Preliminary Plat Application Nelson Meadows Subdivision N:\2286\008\04 Design\Preliminary Plat\4_Response to Pre-application Review Comments.docx installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. Acknowledged. 13. Section 38.220.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat. See Section 15 – Noxious Weed Management and Re-Vegetation Plan. 14. Section 38.220.050.A.5 Documents and Certificates. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the preliminary plat application for review and approval by the Community Development Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, public parkland/open space corridors, mail delivery areas, stormwater facilities, public trails, sidewalks, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code. See Section 8 – Covenants, Restrictions, Articles of Incorporation, & Architectural Guidelines. 15. Article 2. The certificates listed in Section 38.240.410 through 38.240.530 shall be shown on plat and certificates of survey, as appropriate. See Section 9 - Preliminary Plat Drawings. 16. Article 220. All preliminary plat requirements, as outlined in Article 220, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. Acknowledged. With M-1 (Light Industrial) Zoning, the Preliminary Plat subdivision supplements Parks and Recreation Facilities, Neighborhood Center Plan and Affordable Housing are not applicable. 17. A complete preliminary plat application shall be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail. Acknowledged. Preliminary Plat Application Nelson Meadows Subdivision Agriculture Water User Facilities There are no Agricultural Water User Facilities located on the property. Cattail Creek bisects the property from south to north. There will be a 50’ setback (for all impervious surfaces) from the wetland fringe on both sides of the creek, as shown on the Preliminary Plat. This will help ensure very minimal impacts to the existing creek corridor. Irrigation water conveyance to down steam users will not be modified or impaired by this subdivision.