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HomeMy WebLinkAbout20094 - Engineering Comment Response_2021-06-07June 7, 2021 Sarah Rosenberg, Associate Planner City of Bozeman Department of Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 Re: Bozeman Gateway Phase 5 – Preliminary Plat Resubmittal COB#: 20094 MMI#: 3638.009 Dear Sarah: This letter is to provide written responses to the Engineering comments stated in the memo to you from Lance Lehigh dated April 19, 2021. Below are our responses associated with each comment. Engineering Comments: Engineering Code Corrections 1.Sheet 2 Plat - BMC 38.410.100 (C)(4) Watercourse Setback – The applicant is showing the required 50 foot watercourse setback. However, the setback must include immediately adjacent wetlands (i.e., fringe). The buffer width must be extended by the width of the wetland. a. The applicant must provide a separate exhibit showing the stream centerline, the 50-foot watercourse setback, extended as necessary to include any fringe wetlands. As presented, it is unclear if the watercourse setback is correctly identified. A separate exhibit has been made to illustrate the correctly identified 50-foot setback. Bozeman Gateway PUD received a relaxation to allow encroachment into the 50-foot setback along watercourses. Attached is a letter from the Corp of Engineers determining the ditch is non-jurisdictional; therefore, no wetlands are included. b. The final determined watercourse setback must be shown on the Final Plat. This will be shown on the final plat 2.General Comment - BMC 38.400.110 (A) Transportation Pathways - The applicant is advised that the City’s (PROST) plan has identified a trail network (10 foot pathway) that would run along the Farmers Canal. The applicant is advised that if the trail is located on private property the trail shall reside within a public access easement. If the trail is part of Technology Blvd West, the applicant should provide a special street section to accommodate the trail section. The applicant must work with the City’s parks department on the location of the trail and reflect the trail as well as sidewalks in the proposed cross section. As presented, the trail section has not be included. A 10’ trail pathway will be included on the north side of Technology Boulevard W, a cross- section showing the trail section detail has also been included in this resubmittal. After a on- site meeting with the Framers Canal Board, they were adamant that no trail was going along the Farmers Canal, for liability reasons and a fence needs to be installed along it’s length. 3.Sheet 2 Plat -BMC 38.400.090 (D) (2) Access - The proposed right-in/right-out drive access is located less than 315 feet from the Technology Blvd West/Fowler road intersection (approximately 230 feet). The applicant will need to submit a modification from the standard for the proposed access being located less than 315 feet per BMC 38.400.090.H.3. A modification of the property access standards is being requested for the access drives along Garfield. Per BMC 38.400.090.H a memo has been included in this resubmittal that addresses the site conditions that allow for this relaxation. Conditions of Approval: 1.General Comment - BMC 38.220.020 & 38.610.050. The applicant must perform a wetland delineation per BMC code. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval for impacts related to Open Space infrastructure. Understood, a wetland delineation has been performed per BMC code. The stream permits and wetland permits will be provided before Final Plat Approval. Attached is a jurisdictional determination from the Corp of Engineering stating that the ditch is Non-jurisdictional. 2.General Comment - BMC 38.410.130 – Water Rights., Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. Cash in Lieu will be coordinated with Engineering prior to Final Plat Approval. 3.Sheet 1 Certificates – BMC 38.240.410 Dedication or consent– Technology Blvd West is a privately maintained street located within public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat Approval, the certificate of dedication shall reflect private maintenance. Understood, the certificate of dedication that reflects private maintenance has been included on the revised preliminary plat and will be indicated prior to final plat approval. 4.Sheet 1 Certificates – BMC 38.240.450 Improvements – The applicant is advised where public improvements are to be installed prior to Final Plat Approval, the final plat of subdivision must contain a certificate of completion of public improvements. Prior to Final Plat Approval, Sheet 1 certificates must list all completed and accepted improvements, if applicable. Understood 5.Sheet 1 Certificates – BMC 38.240.530 Certificate of completion of water-related improvements – This certificate is not shown on sheet 1 of the plat and must be shown, if applicable prior to Final Plat Approval. The certificate of completion of water-related improvement has been shown on sheet 1. 6.Sheet 1 Certificates – BMC 38.240 Surveyor – The surveyor needs to provide their professional seal of surveyor prior to Final Plat Approval. Understood Sheet 2 Plat - BMC 38.410.060 Easements - The applicant must provide a ten foot private utility easement (power, gas, communication, etc.) along the developments property frontage. As presented, there is no ten foot utility easement shown along the developments Fowler Road Frontage. The applicant may contact the Engineering Department to receive a copy of a utility easement template. The easement must be recorded and provided to engineering prior to Final Plat Approval. The recorded easement number must be written in on the final plat. Understood this has been revised. 7.Sheet 2 Plat - BMC 38.410.060 (C) (1) Easements - The applicant must provide a city standard thirty (30) foot wide Sewer and Water Pipeline and Access Easement and Agreement for public water and sewer utilities located outside of dedicated public right of way. The applicant may contact the Engineering Department to receive a copy of the easement template. The easement must be recorded and provided to engineering prior to Final Plat Approval. The recorded easement number must be written in on the final plat. Understood 8.Sheet 2 Plat - BMC 38.410.060 (C) (1) Easements – A public drainage easement shall be provided for all stormwater facilities conveying runoff from dedicated public ROW. The applicant may contact the Engineering Department to receive a copy of the drainage easement template. The easement must be recorded and provided to engineering prior to Final Plat Approval. The recorded easement number must be written in on the final plat. Understood 9.Sheet 2 Plat - BMC 38.410.060 Easements – Prior to Public Infrastructure Approval, the applicant shall obtain a public street and utility easement from the adjoining property owner for the portion of Technology Blvd West situated on the adjoining property to provide for a total dedicated right of way and easement width of 60 feet. Understood. A copy of said easement is included. 10.Sheet 2 Plat - BMC 38.410.060 Easements – The applicant must provide public access easement for the proposed sidewalk system that resides within open space. The easement must be recorded and provided to engineering prior to Final Plat Approval. The recorded easement number must be written in on the final plat. Understood 11.Sheet 2 Plat - BMC 38.410.060 (D) (1) Easements –The applicant shall provide easements for all agricultural water user facilities located on the proposed subdivision property prior to Final Plat Approval. The applicant shall coordinate the location of easements with Farmers Canal Company. The existing easement for Farmers Canal provides for a pipeline to be constructed on the existing section of open channel canal. This easement shall be modified as needed if this portion of the canal will not be placed in a pipeline. a. The applicant must provide the 30 foot farmers canal and public access easement documentation (provide the recorded easement). The easement document # needs to be shown on plat for reference. Understood. Copy of recorded easement has been included along with letter stating that the Farmer’s Canal Company agrees to keep the canal open channel from the western property line to the point in which the canal enters the pipe under Fowler Avenue. 12.Impacts to Agricultural Water User Facilities – Prior to Public Infrastructure Approval, the applicant shall obtain written approval from Farmers Canal Company for all associated modifications or impacts to agricultural water user facilities related to the proposed subdivision. Understood 13.Sheet 2 Plat - BMC 38.220.040 Subdivision Preliminary Plat – As presented, forty-five (45) feet of West Garfield Street ROW is to be dedicated along the southern frontage of the proposed subdivision (intersection of Fowler and West Garfield). The applicant must dedicate the West Garfield Street ROW in the Certificate of Dedication of prior to Final Plat Approval. The applicant is advised that the City of Bozeman will accept responsibility for the maintenance of West Garfield Street. Understood. Certificate has been modified. 14.Sheet 2 Plat - Easements - The following changes need to be made to the Release and Reconveyance document: a. There are two documents provided with the Revision #2 submittal. The applicant needs to provide a single release and reconveyance document for document for review and tracking purposes b. The applicant must provide easement document #2127251 & #2077892 c. The Grantor must be the City of Bozeman since the City was the Grantee in the original filed easement. d. The Grantee will be the Mitchell Development Group. e. The easement document should reflect the current staff: Mike Mass, City Clerk and Jeff Mihelich, City Manager f. The applicant is encouraged to coordinate the release and reconveyance with the southern property owner, which is easement #2077892. Both easements could be released and cleaned up with the final plat. g. Prior to Final Plat Approval easement 2127251 must be released. Understood. All recorded Documents have been included. 15.Sheet 3 Conditions of Approval BMC 38.240.510 - The applicant must add the required text as stated in BMC Section 38.240.510 to the Conditions of Approval Sheet prior to Final Plat Approval. Understood. Sheet 3 has been added. 16.Sheet 3 Conditions of Approval - The Final Plat must contain the following notation the Conditions of Approval sheet. a. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. 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 stormwater facilities and all open space landscaping. b. All public stormwater facilities not on property dedicated to the City of Bozeman shall be located within public drainage easements that provide for storm water facility maintenance responsibility by the property owners association. c. A 1-foot no access strip shall be placed along all lots fronting on U.S. 191 d. Due to the known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. e. All downstream water user facilities will not be impacted by this Subdivision. f. All lots are subject to a 10-foot wide front yard utility easement. g. All Open Space and Public Access areas to be owned and maintained by the property owners association. Understood. Language has been added. Engineering Advisory Comments: 1. Plans and Specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in Section 38.270.030.B of the Bozeman Municipal Code are met to allow for concurrent construction. The applicant must complete construction of off-site sanitary sewer upgrades prior to obtaining a building permit. Understood 2.General Comment - BMC 38.220.040 Subdivision Preliminary Plat - The applicant advised to show all required certificates on Sheet 1 of the Final Plat. Sheet 2 would include the survey, layout, and other required information. Sheet 3 would be the conditions of approval sheet. It is fine to show this information on Sheet 2, however, the applicant should always provide a clean Sheet 2 that shows only the required information on the plat. This submittal format generally helps the in the review process throughout the platting process. Understood If you should have any questions regarding these comments, revisions and corrections for the Preliminary Plat 5 Application don’t hesitate to contact me. Sincerely, _____________________________ James A. Ullman, PE Project Engineer