HomeMy WebLinkAboutNarrativeResponsetoPreApplicationComments_05162021
109 E Main Street, Ste B, Bozeman, MT 59715 I OFFICE 406.728.4611 I EMAIL wgm@wgmgroup.com
May 16, 2021
Jacob Miller
City of Bozeman
Planning Department
20 E. Olive Street
Bozeman, MT 59718
Re: Response to DRC Comments – Annie Subdivision, Phase 4 Pre-Application Comments
(#21003)
Dear Mr. Miller:
This letter is intended to provide a narrative response to DRC comments dated February 10, 2020 for
the above referenced project. The project is for a major subdivision of 20 lots for future residential
development in the R-3 zoning district on 3.241 acres at the address 2305 Durston Road in the City of
Bozeman, Montana. Responses to City comments have been provided in bold.
1. Requested Waivers:
a. Sec. 38.220.060.3. – Groundwater
i. Staff does not grant a waiver for the groundwater supplement, see stormwater
comments.
Groundwater monitoring wells (10-feet tall, 4-inch diameter) were installed in each of the test
pits associated with the geotechnical work for the site. Groundwater within these seven (7)
wells has been monitored approximately weekly since the test pits were excavated on March
19, 2021. During the test pit excavations, groundwater was not encountered in the test pits,
except TP-7 where it was measured at 9.3 feet below the ground surface. During the
monitoring period, groundwater within the TP-7 monitor well has been found to be as shallow
as 7.21 feet below the ground surface, while all of the other monitoring wells have remained
dry. Groundwater was also measured in the existing domestic and irrigation wells on-site,
with static water levels of 17.1 feet and 13.0 feet below the ground surface respectively as
measured on May 12, 2021.
Additional information regarding groundwater and potential shallow groundwater is discussed
below and has been included in the Preliminary Plat Supplements. A site cross section
depicting the groundwater elevation in relation to the project site and proposed improvements
has been included with the application. This exhibit shows that seasonal high groundwater
will not impact the development.
b. Sec. 38.220.060.6. – Wildlife
i. Staff grants a waiver for the wildlife supplement.
c. Sec. 38.220.060.7. – Historical Features
i. Staff grants a waiver for the historical features supplement.
d. Sec. 38.220.060.8. – Agriculture
i. Staff grants a waiver for the agriculture supplement.
Response to Pre-App Comments
May 12, 2021
Page 2 of 12
It has been noted that waivers have been received for wildlife, historical features, and
agriculture.
e. Sec. 38.220.060.12.f – Traffic Generation
i. Staff requests additional information, see engineering comments.
Correspondence with the City regarding a Traffic Impact Study has been included with our
application. This correspondence notes that a Traffic Impact Study is not required for the
project based on Trip Generations for the project. The updated Trip Generation data for the
project is as follows:
Land Use Size
ITE
Land
Use
Code
Average
Daily
Traffic
(ADT)
AM Peak-Hour
Trips
PM Peak-Hour
Trips
Entering Exiting Entering Exiting
Townhomes 16 210 151 3 9 10 6
Single Family
Home 1 210 9 0 1 1 0
Apartments 8 220 59 1 3 2 2
f. Sec. 38.220.060.17. – Neighborhood center plan
i. Staff grants a waiver for the neighborhood plan supplement.
It has been noted that a waiver has been granted for the neighborhood center plan.
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).
This comment has been noted.
3. Sec. 38.220.060. - Additional subdivision preliminary plat supplements.
a. Please provide all additional preliminary plat supplements meeting the requirements
detailed in this section that were not included in the waiver requests. The waiver
requests will be reviewed with this PA Application. All information, exhibits, answers to
questions must be provided for each supplement.
Information regarding the additional preliminary plat supplements has been included with the
preliminary plat application including a narrative addressing each of the sections that were not
included in the waiver requests. Please refer to this separate narrative document.
4. Sec. 38.410.080. - Grading and drainage.
a. Stormwater facilities must be provided to accommodate stormwater runoff from the
public streets. If the open space lot is to be used as a stormwater facility it must be
maintained by the POA and noted in the preliminary plat supplements and the
conditions of approval sheet on the plat. Additional requirements for landscape design
are described in Sec. 38.410.080.H.
Response to Pre-App Comments
May 12, 2021
Page 3 of 12
The design of stormwater facilities has been provided in the Stormwater Design Report for
Annie Subdivision Ph. 4. Stormwater facilities, i.e. a detention pond, are included in the open
space lot. The open space lot will be maintained by the HOA. This has been noted in the
preliminary plat supplements and will be noted on the conditions of approval sheet on the plat.
The detention pond located within the open space has been designed to fulfill requirements in
38.410.080.H. Landscape plans have also been provided which address landscaping within
the open space lot and adjacent to the stormwater detention pond.
5. Sec. 38.410.060. - Easements.
a. 10’ front setback utility easements must be provided along all street frontages.
b. Provide a public access easement for the common open space lot.
A 10-foot front utility easement has been provided along the new road which extends through
the project site. A 15-foot wide utility easement has been provided along Durston Road to
match the adjacent 15-foot wide easement per Annie Subdivision Phase 3C.
A 20-foot wide public access easement has been provided for the common open space lot,
consistent with the existing 20-foot wide public access easement per document #2080915.
6. Sec. 38.410.100. - Watercourse setback.
a. A plan must be submitted with the preliminary plat describing how this development will
mitigate the impacts of development on the watercourse. Show both zones of the
watercourse in the plat.
Impacts to the watercourse have been mitigated with the design. A 50-foot wide watercourse
setback has been provided, as shown on the plat, and extends from the edge of the mapped
wetlands adjacent to the stream. Both zones of the watercourse setback have been shown on
the plat. The watercourse setback is located entirely within the open space lot. Zone 2 of the
watercourse setback (the 40% furthest from the watercourse) includes the stormwater
detention pond. The attached landscape plan has been developed to thoughtfully mitigate the
open space lot and watercourse setback.
b. A setback planting plan must be prepared by a qualified landscape professional and
included with the preliminary plat submittal. This plan must include descriptions of
schedule, plantings, maintenance and irrigation.
A setback planting plan and corresponding required information has been submitted as part of
this information as prepared by a qualified landscape professional. An irrigation plan has not
been prepared yet. However, the irrigation plan will be completed prior to construction. An
automatic irrigation system to sustain the landscape plantings and open space lot will be
provided to the City of Bozeman. A licensed landscape contractor or irrigation service
technician will be contracted to maintain, service, and repair the system as needed. The
system will be charged in April (typically) after the ground thaws. Upon completion of the
irrigation system, as-built drawings will be provided to the City of Bozeman and the HOA.
7. Sec. 38.410.030. - Lot.
a. Due to the existing configuration of the street grid this development will be allowed to
create double frontage lots in between Durston and the new road. Certain design
considerations will be required to be included in the POA covenants and design
guidelines to mitigate this situation, for example the primary façades of the townhome
Response to Pre-App Comments
May 12, 2021
Page 4 of 12
lots with adjacency to Durston must face Durston and will require a fence height
restriction.
This comment is noted. Townhomes along Durston that are subject to the double frontage will
be designed to mitigate the situation. Primary facades for the townhomes adjacent to Durston
will be designed to face Durston. This requirement will be outlined in the Annie Subdivision
Phase 4 covenants (to be drafted) and design guidelines. Fence height restrictions will also be
included in the Phase 4 covenants. The Owner is working with a local attorney to draft these
documents.
Draft Amendments to the Declaration of Covenants, Conditions and Restrictions for Annie
Subdivision Phase 3, and a Notice of Amendment to Declaration for existing property owners
have been created and provided with this application. The current plan involves receiving
60%+ approval from existing HOA members to create the new Annie Subdivision Phase 4 HOA.
The future Phase 4 HOA and applicable covenants and design guidelines will address the
primary facades, double frontage, and fence height restrictions. The Phase 4 covenants have
not been drafted yet but will once it is confirmed that the new HOA can be created. The
updated covenants are also planned to change the current requirement for a double car
attached garage to a single car attached garage. The covenants would be finalized and
recorded with the final plat. The current/existing covenants for the site have been provided
with the application.
b. It appears the townhouse lot with the 20’ front property line could present
encroachment issues into the required side setback of the property to the east,
because of the narrow front width. Please demonstrate that this will not be an issue, or
readjust the lots to allow for a wider frontage.
The townhome lot in question, Lot 12, has been adjusted and the frontage has been widened
to 25.15 feet. Per our evaluation, and because of the angle of the east property line, access
into the lot can be accommodated while maintaining the minimum side yard setbacks and
other site constraints. Correspondingly, the frontage for Lot 11 has been reduced (55.78 feet
at the right of way).
8. Sec. 38.420.020. - Park area requirements.
a. There is a pedestrian midblock crossing north of the property that does not connect to
the Westside Trail. Improvements-in-lieu will be accepted in the form of constructing
the connection. Please contact Addi Jadin with the parks department for details.
Discussion regarding parkland has been provided in the response to the parkland comment
near the end of this document. Cash-in-lieu of parkland is proposed for the project.
9. Sec. 38.550.070. - Landscaping of public lands.
a. All perimeter street boulevard, street trees and landscaping must be installed within
one year of final plat approval. Landscape plans for these areas must be submitted
with the preliminary plat application. Durston is considered a perimeter street and must
be maintained by the POA. The curb cuts must be removed and street trees planted.
A landscape plan has been provided with this application. Perimeter street boulevard trees
and landscaping will be installed within one year of final plat approval. Landscaping along
Durston Road has been addressed in the landscape plan. It is anticipated that this Durston
Response to Pre-App Comments
May 12, 2021
Page 5 of 12
Road landscaping will be irrigated by the same irrigation well used for the open space lot, and
maintained by the HOA (or the Owner/Developer until 50% of the dwellings are sold), to be
outlined in future Phase 4 covenants and design guidelines. The existing curb cuts and
approaches will be removed along Durston and new trees planted as shown on the landscape
plan. An irrigation plan has not been prepared yet. However, the irrigation plan will be
completed prior to construction. An automatic irrigation system to sustain the landscape
plantings and open space lot will be provided to the City of Bozeman. Upon completion of the
irrigation system, as-built drawings will be provided to the City of Bozeman and the HOA.
Engineering Division, Karl Johnson, kajohnson@bozeman.net, 406-582-2281
REQUESTED WAIVERS
1. BMC 38.220.060.3 Ground water: Denied, see Stormwater comments for additional details.
Information regarding groundwater has been provided with this application. Groundwater
monitoring has been conducted via the seven (7) groundwater monitoring wells installed
during the geotechnical test pit investigations. An evaluation of the effects of potential
shallow groundwater at the site has been conducted.
2. BMC 38.220.060.12.f Traffic Generation: Additional information is required to determine is a
waiver can be granted. The applicant must provide trip generations from the site to determine
if a Traffic Impact Study is required.
Trip generation data was provided (as discussed above) and a waiver was received from the
City. Related correspondence with the City is attached to the application.
ENGINEERING COMMENTS:
Easements
1. BMC 38.410.060 (B.2) Easements - The applicant must provide a ten foot utility easement
(power, gas, communication, etc.) along the developments property frontage. The easement
may either be dedicated via the plat or separate easement but the easement must be shown
on the plat and include the City’s standard language. The applicant may contact the
Engineering Department to receive a copy of a utility easement template.
A 10-foot utility easement has been provided along lot frontages on the Daffodil extension.
The easement has been dedicated via the plat. Standard City language has been provided. A
15-foot utility easement has been provided along Durston to match the adjacent Phase 3C
easement width.
Water Rights
1. Bozeman Municipal Code (BMC) 38.410.130 - The applicant must contact Griffin Nielsen with
the City Engineering Department to obtain a determination of cash-in-lieu of water rights
(CILWR). CILWR must be paid prior to final plat approval.
It is understood that CILWR will be paid prior to final plat approval. Griffin has been contacted
regarding a determination for final CILWR. Email correspondence with the City regarding
CILWR has been included in the application.
Response to Pre-App Comments
May 12, 2021
Page 6 of 12
Paybacks
1. The subject property is included in the payback district identified as SID 684 Durston N 19th to
Fowler Road Improvements. The proportionate share of the payback must be paid prior to final
plat approval.
Correspondence with the City regarding this SID district has been provided. Per the City, 2305
Durston Road is not actually a part of the SID since it was within City limits at the time of SID
creation. The payback only applies to properties within the County at the time the SID was
created. The attached correspondence also notes that the property contributed to the original
SID and in 2011 the property owner paid off the remaining balance.
Stormwater
1. To utilize the existing Annie Subdivision detention facility the applicant must demonstrate the
existing stormwater detention pond is functioning as designed, is accessible and maintainable,
and is adequately designed to handle the additional runoff from the proposed development.
Stormwater is planned to be controlled on-site, and there is no plan to utilize the existing
Annie Subdivision stormwater infrastructure located north of the subject property. Per a field
investigation, it appears that the existing Annie Subdivision stormwater pond is functioning
and is accessible and maintainable. However, per our review of the previous design report,
the pond may not be adequately sized to handle the additional runoff from the proposed
development. There is also a structure(s) built over the conveyances (see next comment)
which could impact function. Consequently, stormwater is planned to be controlled on-site, in
two drainage basins, via a new stormwater detention pond located in the new open space lot,
and an infiltration gallery located in the small stormwater basin on the west side of the
development. The Stormwater Design Report provides additional information and detail.
2. The stormwater conveyance to the Annie detention pond has a drainage easement with a
house, fence, and shed built on it. This conveyance must not be utilized for additional flows
until these structures are removed.
Stormwater is planned to be controlled on-site, and there is no plan to utilize the existing
Annie Subdivision stormwater infrastructure. The attached Stormwater Design Report
provides additional information.
3. DSSP Section (A) (4) Water Quality - The applicant must include a drainage plan prior to plat
adequacy 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. For projects that cannot meet 100% of the runoff reduction requirement, the
remainder of the runoff from the first 0.5 inches of rainfall must be either: a. Treated onsite
using post-construction storm water management control(s) expected to remove 80 percent
total suspended solids (TSS); b. Managed offsite within the same sub-watershed using post-
construction storm water management control(s) that are designed to infiltrate, evapotranspire,
and/or capture for reuse; or c. Treated offsite within the same subwatershed using post
construction storm water management control(s) expected to remove 80 percent TSS.
Please refer to the Stormwater Design Report for Annie Subdivision Phase 4. Stormwater
infrastructure has been designed per City of Bozeman design standards.
Response to Pre-App Comments
May 12, 2021
Page 7 of 12
4. DSSP Section (C) Water Quantity - The applicant must provide detention prior to approval with
release rates limited to predevelopment runoff rates. Retention ponds must be sized based on
a 10-year, 2-hour storm intensity.
Please refer to the Stormwater Design Report for Annie Subdivision Phase 4. Stormwater
infrastructure has been designed per City of Bozeman design standards.
5. The seasonal high groundwater elevation must be determined prior to plat adequacy. The
engineer responsible for the design drainage must certify that the drainage infrastructure can
meet or exceed the City’s drainage requirements during the seasonal high.
Groundwater has been monitored during the spring of 2021 via seven (7) groundwater
monitoring wells installed as part of the geotechnical evaluation. Per the monitoring data,
shallow groundwater will not impact the proposed development. Per our evaluation of the
data, and our evaluation of the potential for “shallower” groundwater during “wetter” years,
capacity of the proposed stormwater system will not be impacted by potential seasonally
shallow groundwater this year or during wet years. We understand that Gallatin Valley has
had a relatively dry spring in 2021, and therefore groundwater may be higher (shallower) in
wetter years. Our design has accounted for this possibility. In general, the proposed
development is elevated high enough to provide adequate separation from potential shallow
groundwater. The proposed detention pond is located on a mild bench above the stream
elevation. This design, along with the fact that the adjacent stream is “losing” results in the
safe assumption that shallow groundwater will not adversely impact the site (i.e. inundate the
stormwater pond, affect the road, or impact crawl spaces). Additional information and
analysis has been provided in the application.
Crawl spaces are proposed for the future townhomes. To provide additional assurance that
the crawl spaces will not be impacted by groundwater, we would propose to add
recommended minimum finished floor elevations to the plat. The following note is also
proposed to be placed on the plat:
This is a known area of high groundwater. No basements may be constructed. Sump
pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are
not allowed to be connected to the drainage system. Water from sump pumps may not
be discharged onto streets, such as into the curb and gutters where they create a safety
hazard for pedestrians and passing vehicles.
Water
1. DSSP Section (V.D.1) Alignment, Depth, and Easements – The alignment of water and sewer
services must be arranged so there is a minimum of ten (10) feet of horizontal separation
between each other.
The water and sewer service alignments have been adjusted. Please refer to the attached
water and sewer drawings.
Wastewater
1. Applicant is advised water and sewer services must run perpendicular to respective mains
through the utility easement line.
Response to Pre-App Comments
May 12, 2021
Page 8 of 12
Water and sewer services have been adjusted so they run perpendicular to the respective
mains. Please refer to the attached water and sewer drawings.
Transportation
1. The 2017 Transportation Master Plan Pedestrian Recommendation, 36 identifies the need to
add a Rapid Rectangular Flashing Beacon to the existing crossing at the east side of N 25th
Ave and Durston Rd intersection. The beacon must be installed upon future development.
This comment has been noted. Design assistance has been solicited from local contractors
familiar with the installation of RRFBs within the City of Bozeman. We anticipate the need to
receive concurrence from the City on the final plan for design and installation of the RRFBs
prior to development.
The current proposed plan for the RRFBs includes two (2) solar activated units, with electrical
not included. The Eastbound unit will be mounted on the existing luminare pole. The
Westbound unit will be installed on a new 2.5 inch telespar sign post and concrete anchor.
The units would be the same as those recently installed on 11th Ave. The units are made by
Tapco. The signs are single direction. Again we understand that additional coordination and
design plan review will be required prior to acceptable by the City and installation.
Lighting
1. The applicant must demonstrate the existing lighting on Durston Rd meets the lighting design
criteria identified in section XII of the DSSP along the property’s frontage to Durston Rd. If the
standards are not met additional lighting may be required.
A lighting analysis has been completed (attached) which demonstrates that the existing
lighting on Durston Road meets the City’s criteria. The lighting analysis is based on direct
recent correspondence with the City regarding the manufacturer and type of lighting currently
along Durston Road. The data used in the analysis was conservative since the IES file used is
for LEDs that are typically used to replace 250W HPS whereas the Durston luminaires were
originally installed with 400 HPS. Therefore, the actual luminaires likely have more luminosity
that what is should in the analysis.
NWE Project Engineer Erica Chaney Erika.Chaney@northwestern.com
1. Has an application to Northwestern Energy (NWE) been submitted?
An application to Northwestern Energy has been submitted. An on-site meeting with
Northwestern Energy occurred on April 6, 2021 involving WGM, NWE, and the owner of the
property. The proposed improvements were discussed at this meeting along with proper
abandonment of existing utilities to the existing home. Per the discussions with NWE, the
existing electric service to the barn was properly abandoned by NWE prior to demolition of the
structure. This structure was demo’d by the previous owner of the property.
2. With the demolition of the existing structures the applicant needs to, weeks in advance of the
scheduled demolition, contact NorthWestern Energy for a disconnect of the electric and gas
services.
This has been noted and the demolition was discussed during the April 6, 2021 meeting. Per
NWE, electric service to the barn was properly abandoned prior to demo of the barn. It is our
Response to Pre-App Comments
May 12, 2021
Page 9 of 12
understanding that the barn was not served by gas. Proper abandonment of the electric and
gas serving the existing home will occur prior to demolition.
3. Transformer Location. For larger apartment buildings a 3-phase transformer may be needed
therefore, a 3-phase transformer pad site should be planned. Typical 3-phase pad is going to
be a 7’x7’ pad. For all transformer locations, single phase and three phase transformers,
clearance requirements to any buildings is 2-feet for non-combustible walls and surfaces, void
of openings such as doors, windows, air intake, and fire escapes routes, and meets current
NEC or NFPA requirements for non-combustible material. For any combustible surface, not
meeting current NEC or NFPA requirements for non-combustible material, a minimum of a 10-
foot clearance is required between the building or any combustible surface and the
transformer. For all single phase and three phase transformers, regardless of size, requires a
10-foot unobstructed clearance space in front of the pad where the transformer doors are
located. Note, all distances are referenced to the edge of the pad. Due to COVID-19 there has
been an impact on receiving larger three phase and single phase transformers and a longer
timeline may be needed to receive the needed equipment for these services. It is important to
submit an application to NWE and provide the calculated loads as soon as possible to avoid
any delays.
This comment has been noted and these requirements are being coordinated with NWE and
coordination will continue through the building permit and construction phases of the project.
Larger apartment buildings which require 3-phase power are not anticipated to be a part of this
project.
4. NWE will need to review building elevation plans for the proposed buildings for the meter
locations as well as final grading plans for all utility installation locations. With the extension of
Rogers Way a civil plan with final top back of curb grade elevations will be needed to establish
proper bury depths of all underground utilities.
Road grading plans and townhome building elevation plans have been provided to NWE. The
townhome plans have been used recently on another City of Bozeman site and therefore it is
anticipated that NWE service to these buildings can meet all requirements.
5. Service & Meter Location. The electric meter & or CT cabinet will need to be installed in the
same general location within 10-feet of the gas meter. NorthWestern Energy reserves the right
to specify the location of our meters. All meters are to be located outdoors on the corner or in
a location on the building closest to the transformer or secondary junction can serving the
building unit. On new construction, electric meter locations must be within 10 feet of the gas
meter if NorthWestern Energy will be providing both electric and gas service. Meter locations
will need to be approved by NWE. NWE policy is to maintain a minimum 30-inches wide by 3-
feet clear zone between the front of the meter and landscape screening or wall screening for
self-contained meter bases and 48-inches for installations requiring cabinets. Location of the
meter(s) shall allow easy access to the meters for operation and maintenance. This can be
determined through the design process after an application is submitted through NWE and the
area project engineer will work through allowable shrubs and plants for screening and to
determine adequate clearances for access to our meters.
This comment has been noted and coordination with Northwestern Energy is on-going
regarding the final design of the electric and gas utilities.
Response to Pre-App Comments
May 12, 2021
Page 10 of 12
6. The following applies to the gas regulator. The gas regulator cannot be placed under a window
or within 3’ of the operable portion of the window. It can be placed under a window/deck on
the second story, provided the “open/operable” portion has at least 6’ of clearance from the
regulator. Ensure that there is 10’ of separation from any mechanical air intake, including air
conditioning units. The regulator will need to be 3’ from the closest corner of any portion of the
electric meter base. Submitting an application to NWE will get the NWE engineer involved and
can help with this process.
This comment has been noted and the gas regulator location will be adequately designed
during the architectural and building permit process. The proposed townhome layout is
similar to townhomes which were recently built on Meriwether and Durston Road, and
therefore a similar approach to addressing Northwestern requirements along with the building
layout is anticipated.
7. Apartment or townhomes are proposed there will be a need to install multiple meters within the
same location. With multiple meters, adequate wall space will be needed to install the number
of electric and gas meters, and electric gear. For gas meters, NWE will only stack gas meters
2 high and therefore the needed wall space for gas meters will require a longer wall space.
The two areas for gas and electric meters will need to occupy the same wall space, unless
otherwise approved by a NWE project engineer, with the needed separation between gas and
electric meters.
This comment has been noted. At this time there are no final plans for the apartment
buildings. However, when those plans are finalized, coordination with Northwestern Energy
will be completed such that this comment is completely addressed.
8. When there are multiple units with multiple meters NWE requires that the meters have a
permanent placard for each meter. For multiple metering each location or premise must have
its address and unit numbers permanently attached by means of a placard to the meter bases
and the individual apartment /unit breaker boxes before the meter is set. These identifying
placards must match the unit information as displayed on the unit’s entry door.
This comment has been noted and during development of building permit plans for the
structures, each unit will have a permanent identification placard for each meter.
9. Utility easements. Any extension of gas main or electric primary will need to be installed within
an easement. Normally a 10-foot easement is required. To establish the needed utility
easement locations the NWE project engineer and/or Northwestern Energy’s real estate
representative will help to establish these locations as well as the needed documentation.
Negotiations and costs between other landowners for easements is entirely the applicant’s
responsibility.
Utility easements for primary gas and electric have been provided with the development as
shown on the proposed plat drawing. A 10-foot wide utility easement has been provided along
the front of the lots (adjacent to the new road). However, it is notable that the adjacent lots
(Annie Subdivision Phase 3C) include a 15-foot wide utility easement along Daffodil. We have
provided the 10-foot easement per this comment and other City comments. Per the survey, it
appears that adjacent underground dry utilities are located within a 10-foot corridor so
extension of those utilities into the new 10-foot wide easement would be feasible. We request
from Northwestern concurrence on the 10-foot easement along the new road. Note that the
Response to Pre-App Comments
May 12, 2021
Page 11 of 12
plan includes a 15-foot wide utility easement along Durston, which matches the adjacent
Phase 3C easement.
10. NWE will need to review landscape plans for proposed landscaping within the proposed
development with location to utility easements and equipment.
Landscape plans have been provided with this application. It has been noted on the
landscape drawings that final landscaping locations and details must be reviewed and
confirmed with Northwestern Energy prior to construction.
11. For landscaping. No large deep rooted trees or bushes will be allowed within the 10-foot utility
easement. No large trees reaching heights of 15-feet or taller will be allowed under any
overhead distribution lines. All other approved landscaping will be placed so as not to damage
or prevent or hinder operation and maintenance of NWE utilities.
No large deep rooted trees or bushes have been provided on the landscape plan within the
utility easements. No large trees are proposed below overhead distribution lines. It should be
noted that discussions were started regarding the existing overhead power service to the
existing irrigation well, during the field meeting between Northwestern Energy and the
Engineer and Owner. It was discussed that this overhead service line could remain, if desired,
but we anticipate additional review by Northwestern Energy prior to a final determination. The
overhead line does cross through several large existing trees that would likely need to be
removed prior to construction. Therefore, abandonment of this existing overhead service and
replacement with an underground service may be warranted.
12. For landscaping, planting of bushes or shrubs a Minimum Working Space for a Pad-Mounted
Transformer is, 4-feet on the sides and back portion of the concrete pad and 10-feet of
clearance on the front side of the pad where the transformer doors are located. Note, all
distances are referenced to the edge of the pad.
This comment has been noted.
13. Submit an application online to have the NWE project engineer work with the applicant. Go to
www.northwesternenergy.com/construction to apply online Montana Construction Application,
and access Montana New Service Guide to provide information on electric and gas service
requirements.
An application for construction has been submitted to Northwestern Energy. An initial site
visit was conducted with Northwestern Energy, the Engineer, and Owner to discuss the
project. The application was submitted in March 2021 with tracking number 20210318-890-NC.
Community Housing Program, Tanya Andreason, tandreason@bozeman.net, 406-582-2953
1. The cash in lieu calculation will be based upon 10% of the townhomes and single detached
home, meaning that the payment will be calculated using 1.7 units (.10 x 17 homes = 1.7
units).
2. The Affordable Housing Plan online form has a Cash-in-lieu rate table on page 2 for the
applicant’s use. This table is updated annually, and the required payment amount should be
calculated using the City’s published rate. The AH Plan form is required as part of the
Preliminary Plat submittal, and will be recorded with the Final Plat. CIL payment is due before
Final Plat is recorded.
Response to Pre-App Comments
May 12, 2021
Page 12 of 12
These comments have been noted. Affordable housing has not been provided for this project.
Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908
1. Parks recommends cash-in-lieu of parkland for this project and does not recommend
acceptance of the open space area at the east of the property as parkland because it would
not be an uninterrupted linear park and would create uncertainty of ownership. Staff requests
that applicants address the feasibility/costs of applying CILP for off-site improvements-in-lieu
to construct a bridge that connects sidewalk spur to the Westside Trail at the terminus of Rose
Ct.
Per the recommendations, cash-in-lieu of parkland is proposed for this project to meet the
City’s parkland requirements. Cash-in-lieu of parkland calculations have been provided on the
attached Additional Preliminary Plat Supplements. Parkland is not proposed for this project.
An open space lot is located on the east side of the site, which encompasses the watercourse
setback and a small amount of additional acreage between the watercourse setback and the
residential lots. This open space lot is proposed to be maintained by the HOA (or the
Owner/Developer until 50% of the dwellings are sold).
The feasibility and costs associated with construction of a bridge that connects sidewalk at
the terminus of Rose Court to the Westside Trail was considered. However, this
improvements-in-lieu is not considered practical due to several hurdles. These hurdles or
potential constraints include the following: gaining approval from the adjacent property owner
(of the Arcadia Gardens site) since the existing Westside Trail appears to be located on private
land; wetland permitting associated with a bridge crossing; approval from the existing Annie
Subdivision HOA of which has an unknown status. It is unknown if the current Annie HOA
maintains the existing open space lot and who would provide maintenance for the new bridge
crossing and trail connection. Since Annie Subdivision Phase 4 is proposing to create a new
HOA specific to the proposed development, it is unclear who would maintain a trail connection
at this location.
Sincerely,
WGM Group, Inc.
Gary Fox, PE
PROJECT ENGINEER
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