HomeMy WebLinkAbout19436 DRC Letter - Responses - 06-23-2020June 23, 2020
Sarah Rosenberg, Associate Planner
City of Bozeman Department of Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
Re: Bozeman Gateway Ph 4 Subdivision Preliminary Plat Resubmittal
COB#: 19436
MMI#: 3638.009
Dear Sarah:
This letter is to provide written responses to the comments stated in the DRC review memo dated April 7,
2020. Below are our responses associated with each comment.
DRC COMMENTS:
Project Description: A Subdivision Pre-Application to create a Major Subdivision 17 lots, 5 common
areas and 3 open space areas.
Project Location: Remainder tracts of Tract 2A of the Amended Plat of West College, Minor Subdivision
Number 195.A.
Recommendation: Staff finds the application to be inadequate for continued review. There are some minor
comments from Engineering in the attached memo. However, since Phase 4 does not match with the
approved PUD Development Manual, the modification application (20051) needs to be approved to reflect
these changes prior to approval of the preliminary plat.
SECTION 2 – CODE CORRECTIONS
ENGINEERING COMMENTS, ANNA RUSSELL, ARUSSELL@BOZEMAN.NET:
See attached comments dated April
Engineering comment responses are included along with this resubmittal.
SECTION 3 – CONDITIONS OF APPROVAL
Ensure that the certificates or notes within the condition of approval are noted on the next submission of
the preliminary plat.
1. The applicant must add a note to the Conditions sheet of the plat to the effect that the subdivision
and its future uses and development are coordinated with the Bozeman Gateway PUD and special
restrictions may apply. Please see the Bozeman Gateway Development Manual for the PUD for
further details.
The note has been added to Fig 2 in the conditions section of the plat.
2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision
Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including
certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints.
The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium
requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The
Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar
sheet in the plat set.
Acknowledged
3. The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
Acknowledged
4. The final plat and all associated improvements must be completed consistent with the application
as submitted except where required to be changed by the City of Bozeman.
Acknowledged
5. The applicant must submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire
Final Plat submittal. This narrative must in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
Acknowledged
6. The final plat must contain the following notation on the conditions of approval sheet of the final
plat: “The responsibility for the maintenance of the stormwater facilities and associated
landscaping in the open space lots and street frontage landscaping for the perimeter streets must
be that of the property owners’ association. Maintenance responsibility must include the
functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and any vegetative ground cover and landscaping on the open space lots. The
property owners’ association must be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all perimeter street frontage landscaping and open space
lots and stormwater facilities. The perimeter streets of this subdivision include Garfield Street,
Harmon Stream Boulevard, and Technology Boulevard.
The note has been added to Fig 2 in the conditions section of the plat.
7. The final plat must provide all necessary utility easements and they must be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location.
Acknowledged
8. Realty transfer certificates must be provided for transfer of any platted tract to the City or other
entity in association with filing of the final plat.
Acknowledged
9. Simultaneously with filing of the final plat, in conjunction with required or offered dedications,
the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall
transfer ownership to the property owner’s association of all any open space proposed to be
conveyed to the property owner’s association and all its right, title, and interest in any
improvements made to such parkland or open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a warranty
deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the
property owner’s association and associated realty transfer certificate. The subdivider or owner
of the property must record the deed or instrument at the time of recording of the final plat. For
personal property installed upon open space owned by the property owner’s association, the
subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights,
title and interest in such improvements including all applicable warranties to such improvements.
Acknowledged
10. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear
on title reports. It shall read substantially as follows: Lots within the Bozeman Gateway
Subdivision Phase 4 are subject to specific design standards and unique building setbacks from
property lines. These standards may be found in Bozeman Gateway Development Manual. Lot
owners are advised that these are specific to the Bozeman Gateway Subdivision and are in place
of the general development standards of the City of Bozeman Zoning. If a development standard
is not specifically established in the Bozeman Gateway Subdivision approval documents the
general standards of the City apply. Modification of the special standards would require an
amendment to the Bozeman Gateway Planned Unit Development. Modifications are strongly
discouraged. It is the obligation of the lot owner to be fully informed as to these standards before
beginning any home or site design process. Approval by the design review entity established in
the covenants of the development does not bind the City of Bozeman to approve a construction
plan.
Acknowledged
If you should have any questions regarding these comments, revisions and corrections for the Bozeman
Gateway Phase 4 Preliminary Plat don’t hesitate to contact me,
_____________________________
James A. Ullman, PE
Project Manager