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Home My WebLink About07-10-20 Public Comment - Maxey Limited Partnership - RE_ Headwaters Academy, 1005 west Durston Road, CUP_SP App 19495From:Maxey Ltd Ptr To:Agenda Cc:maxeyltdptr@gmail.com Subject:ATTN: Danielle Garber, RE: Headwaters Academy, 1005 west Durston Road, CUP/SP App 19495 Date:Friday, July 10, 2020 12:25:00 PM Attachments:Headwaters Academy, Bzmn City Commissioners, 12 pt.pdf Ms. Garber, Please find the attached Maxey Limited Partnership comments and concerns for the aboveCUP/SP Application 19495, to be presented for consideration at the City Commission meeting, July 13, 2020. We thank you for your help in this matter, Maxey Limited Partnership Maxey Limited Partnership 4391 East Raven’s Ridge Drive Columbia, MO 65201-‐3113 9 July, 2020 RE: Headwaters Academy Site Plan and Conditional Use Permit 1005 West Durston Road, Bozeman, MT 59715 CUP/SP Applications Application 19495 ATTN: Danielle Garber, Associate Planner City of Bozeman Department of Community Development PO Box 1230 Bozeman, MT 59771-‐1230 We received the Notice of a Public Hearing for the Headwaters Academy on July 3, 2020. We immediately had a number of concerns based on our full review of the application. Due to the Fourth of July holiday, I spoke to Rory Romey, PE, Allied Engineering, Inc., Monday, July 6, 2020 relative to various project concerns. I again called Mr. Romey July 8. At that juncture the Headwaters Academy had been notified of our concerns, in addition to subcontractor, although there had not been a definitive determination of solutions to any. We therefore stipulate approval of Application #19495 include solutions to our concerns. Please find the following comments and concerns regarding the proposed Headwaters Academy projects: ONE: Sheet C1.1, Existing Conditions. Dated 11/22/2019. “Utility Note: The Surveyor has not located the underground utilities above grade and underground utilities shown were taken from visible appurtenances at the site. The surveyor makes no guarantee that the underground utilities shown comprise all such utilities in the area, either in service or abandoned. The surveyor further does not warrant that the underground utilities shown are in the exact location indicated. Therefore reliance upon the type, size, and location of utilities shown should be done so with this circumstance considered.” Dry utilities were only assumed to be parallel to the driveway, not located. Nor were private utilities located, as specifically noted on C1-‐1. “Ex dry utilities assumed to parallel existing access drive. (Private utilities not located). Verify prior to construction.” Prior reference to the utilities was made by email, dated October 3, 2019, from Danielle Garber, Associate Planner to Kira Ogle, Legends Studio. “3) #27, no dry utility connections are shown entering the property (electricity, gas, telecom)” My understanding has always been there is a gas line which runs from the Maxey-‐ Durston home, 1005 West Durston Road, in a westerly direction to the original gabled structure at 1105 West Durston Road, servicing the structure. The gas line was most recently located by NWE in the fall of 2019, running in a westerly direction across our small pasture, driveway, yard, to the gabled portion of our home. The construction of the gas line no doubt originated in the early 1900’s when the gabled structure served as secondary housing for the Maxey Farm. It is incumbent this service remain, as it has for well over a hundred years, at no additional expense to us. TWO: Sheet C1.3, Design Plan. Dated 11/22/2019. Detailed in the northwest corner of the property in question is an existing pond, “Ex pond WSE ~4777.0”. A storm outlet structure is indicated running in an NWN/ESE direction. There seems to be importance put on the pond, both aesthetically and otherwise. Let us be clear, we have no qualms with the pond, per se, as long as the water which feeds the pond originates from within the Headwaters Academy property itself. And any spillover, outlet also remain within the Headwaters Academy property, not Maxey Limited Partnership property. The Storm Drainage Report, page 2, 1. Project Overview and Background, states “An existing pond is located at the Northwest corner of the lot. The origin of the pond is unknown…” Years ago we returned to Bozeman one summer to find a prior owner had trespassed on our property, installed an underground inlet and an outlet pipe to Mandeville Creek, creating the pond. We sent a certified letter stating our displeasure. Further, I am unaware that the Headwaters Academy parcel carries a water right for Mandeville Creek, nor a Farmers Canal water right. I therefore notified Farmers Canal, Roxie Davis, Secretary Treasurer, and the DNRC of the breach. I believe the underwater piping has become clogged over the years. Subsequently, a small channel, on occasion does feed the pond, if debris backs up on a creek cross fence. Otherwise it is mainly stagnant much of the time. As a sidebar, the cross fence has become clogged with garbage in recent years, post widening of West Durston Road. The garbage catchers on Mandeville Creek on the south side of West Durston Road were replaced with new catchers with a wider spacing, allowing more debris to flow through, unencumbered. We are unclear what the reasoning was for the change, whether to alleviate the Street and Maintenance Department cleaning schedule, or simply someone ordered a differing catcher, however the result is a greater flow of garbage downstream. When I walked the Headwaters Academy property with the Head of School last summer I did mention the pond, in detail, stating the issue, at some point, would need to be dealt with. Breaches under the fence line would no longer be acceptable. Mr. Provost assured me he would pass on our concerns to the appropriate Headwaters Academy members. Clearly, the time to deal with those issues was during construction, which is now. THREE: It is imperative that the perimeter fence remain. Historically the Maxey Farm ran livestock on the property throughout the family generations, and we intend to retain that option going forward. FOUR: Notations for irrigation do not exist regarding our historical rights. During the widening of West Durston Road the city contractor obliterated the flume which crossed Mandeville Creek, servicing our ditch, which was also obliterated. Water was carried in an easterly direction just north of West Durston Road across the now Headwaters Academy property to the pasture just east of their eastern property line. There had been a small culvert pipe under the drive to accommodate the same. Given the site plan, I believe accommodations can be made. We are requesting that the points we’ve raised in this letter be included as part of the final Application 19495 approval. Respectfully submitted, The Maxey Limited Partnership cc: Mayor Chris Mehl Deputy Mayor Cyndy Andrus Commissioner Terry Cunningham Commissioner I-‐Ho Pomeroy Commissioner Michael Wallner Headwaters Academy, Head of School, Dave Provost Moulton Bellingham PC, Thomas Smith