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HomeMy WebLinkAboutResponseDRCComments_07262021 109 E Main Street, Ste B, Bozeman, MT 59715 I OFFICE 406.728.4611 I EMAIL wgm@wgmgroup.com July 26, 2021 Jacob Miller City of Bozeman Planning Department 20 East Olive Street Bozeman, MT 59718 RE: Response to DRC Comments for Annie Subdivision Phase 4 Preliminary Plat Comments Dated July 7, 2021. Application #21201. Dear Mr. Miller: This letter is to provide a narrative response to the DRC dated July 7, 2021 for the above referenced project. Comments have been addressed individually in bold. Please feel free to call with questions and let us know if you need more information. Section 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. 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 2. The applicant must confirm whether the existing household on the subject property has a sewer septic system. If one exists it must properly abandoned prior to final plat approval. Please refer to our response to Engineering comments below, regarding this item. 3. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special districts for the following, if not already filed: a. Street improvements to West Oak Street form Hunters Way to North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at North 19th Avenue and Durston Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at North 19th Avenue and West Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these City of Bozeman Planning Department July 26, 2021 Page 2 of 11 improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Final Plat approval. Waivers of Right to Protest Creation of the above SID’s will be filed with the County Clerk and Recorder. A draft copy of the SID waiver has been provided with this response to preliminary plat comments. Section 3 – REQUIRED CODE PROVISIONS All references are to the Bozeman Municipal Code. Planning Division, Jacob Miller, jamiller@bozeman.net, 582-2261 1. Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Acknowledged b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. Acknowledged c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. Acknowledged. The weed management plan has already been approved by the Weed Control District, as previously submitted with the preliminary plat application. The MOU will be entered into by the weed control district prior to final plat. d. Irrigation system as-builts. The developer must provide irrigation system as- builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as- builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. City of Bozeman Planning Department July 26, 2021 Page 3 of 11 Acknowledged. Irrigation system as-builts will be provided for all irrigation installed, including within the open space lot and along Durston in right-of-way. e. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. A draft conditions of approval Sheet 3 of 3 has been provided. This sheet provides the text to meet the following requirements. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. The above information has been included on the draft conditions of approval Sheet 3 of 3. 2. Sec. 38.220.310. - Property owners' association. a. The responsibility of maintenance for the stormwater facilities, 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 City of Bozeman Planning Department July 26, 2021 Page 4 of 11 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. Per the newly provided draft conditions of approval Sheet 3 of 3, this information is provided in the General Notes and the Certificate of Transfer of Ownership & Completion of Non-Public Improvements. b. All public access areas to be owned and maintained by the property owners association. Per the newly provided draft conditions of approval Sheet 3 of 3, this information is provided. The final plat must contain the above listed notations on the Conditions of Approval sheet 3. See above notes, and the draft conditions of approval sheet 3 that has been provided. Sec. 38.410.060. - Easements. a. All dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. A table has been provided on the draft conditions of approval Sheet 3 for recorded document numbers for easements. All dedicated public easements will be recorded with the City’s standard template easement document separate from the plat. b. 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. Utility easements are provided on the preliminary plat and are described and dimensioned. Easements will be shown on the final plat in their true and correct location. Engineering Division Karl Johnson, kajohnson@bozeman.net, 406-582-2281 The following comments are provided in four sections; code correction required prior to preliminary plat approval, code corrections required prior to final plat approval, recommended conditions of approval required prior to final plat approval, and advisory comments required with future applications. Engineering Code Corrections: The following comments must be address prior to preliminary plat approval: City of Bozeman Planning Department July 26, 2021 Page 5 of 11 Stormwater 1. DSSP II.C.3 - Basin Location: Basins serving multiple lots shall be located in common open space owned by a Homeowners or Property Owners Association. Locating a basin within an easement on a lot will not be permitted unless approved by the governing body. a. As proposed, the stormwater basins will not be allowed to be located within the public right of way. See Utilities comment #1 for more detail. The applicant must relocate the stormwater basins to reside in a common space open lot. The stormwater design has been updated to address DSSP II.C.3. The design now includes one basin (instead of two), and all stormwater is directed to the stormwater pond within the open space lot on the east side of the property. Stormwater basins are no longer proposed within public right of way. Please refer to the stormwater design report for additional information. The new stormwater design corresponds to a proposed road straight-grade profile between the west tie-in (on Daffodil) and the northeast tie in (on Roger’s Way). This new road vertical profile corresponds to a couple feet of cut within the center of the property, near the existing house (the existing house had been built on a couple feet of fill probably to accommodate its basement). Proposed water and sewer main alignments and bury depths have been checked against this new road design, and can meet standards for adequate bury depth and design. The stormwater detention pond is located in common open space owned and maintained by the Homeowners Association as described in the draft conditions of approval Sheet 3 that has been provided. 2. BMC 40.04.700 (A.5) - All drainage system reports, peak flow rates and runoff volume calculations, safety requirements, and grading plans shall be certified by a licensed professional authorized by the state to perform such functions. The stormwater report has been certified by a professional engineer authorized by the state of Montana. Utilities 1. DSSP V.D.5.c – No permanent structures shall be placed within a utility easement. Trees or other significant landscape features shall not be placed within ten feet of any utility main or services lines. a. The proposed stormwater retention systems in front of lots 1 through 3 and 17 through 19 will not be allowed over the service lines. The stormwater design has been updated to eliminate the stormwater retention systems in front of lots 1 through 3 and 17 through 19. No permanent structures are placed within the utility easements. Trees or other significant landscape features will not be placed within ten feet of any utility main or service lines. City of Bozeman Planning Department July 26, 2021 Page 6 of 11 2. DSSP V.A and B - A design report prepared by a professional engineer licensed in the State of Montana demonstrating compliance with these requirements shall be submitted to and approved by the City of Bozeman a. The sewer and water design reports must be certified by a professional engineer. The sewer and water design reports have been resubmitted, as certified to by a professional engineer licensed in the state of Montana. These reports have been updated with adjustments to the water and sewer main depths based on the new road alignment. Engineering Code Corrections: The following comments must be address prior to final plat approval: General 1. BMC 38.220.070.6 Conditions of Approval – The following notes must be included in the conditions of approval sheet on the final plat: a. 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 or 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. This note has been included in the general notes on the draft conditions of approval Sheet 3 that has been provided and will be included on the final plat. Please refer to Sheet 3. Groundwater monitoring across the site has continued to show no signs of groundwater in the monitoring wells (about 9 feet below the ground surface). The existing well located near the existing home has shown groundwater to come up to a minimum depth of about 15 feet. It is understood that this season has been relatively dry and groundwater likely becomes shallower during wetter years. Nevertheless, this note and information have been provided on the plat. b. 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 City of Bozeman Planning Department July 26, 2021 Page 7 of 11 frontage landscaping and stormwater facilities and all open space landscaping. The responsibility of maintenance of stormwater facilities, etc., as discussed above, will be clearly outlined in the covenants and property owners’ association documents. This text has also been added to the draft conditions of approval Sheet 3 that has been provided. Easements 1. BMC 38.410.060 - All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. A 10-foot utility easement is provided along the property frontage for the proposed road (Roger’s Way) on both sides of the road. A 15-foot utility easement is provided along Durston Road, consistent with the existing 15-foot wide utility easement provided for the existing Annie Subdivision Phase 3C. b. The proposed 20 foot wide storm drainage easement. i. The proposed detention facility must also be included in the storm drainage easement. The proposed stormwater pond (detention facility) located in the open space lot on the east side of the site has been shown within a storm drainage easement per the updated plat drawing, Sheet 2. Water Rights 1. BMC 38.410.130 Water Adequacy - Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. a. Payment-in-lieu of water rights must be made for the townhouse lots prior to final plat approval. Acknowledged. Payment-in-lieu of water rights will be made prior to final plat approval. A preliminary determination for the development was provided by the City on June 28, 2021 for an estimated $23,868. Landscape irrigation demand and written communication from the DNRC that the existing well can be utilized to meet demand will be provided to the City to finalize the payment determination. 2. BMC 38.410.130.C.2 Water Adequacy - Compliance with this section is deferred for the following developments until the occurrence of future development if the applicant records a notice of restriction on future development in a form acceptable to the review authority City of Bozeman Planning Department July 26, 2021 Page 8 of 11 with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple-household development. a. A note must be included in the conditions of approval sheet indicating lots which will require future payment of cash-in-lieu of water rights upon future development. A note will be included in the conditions of approval sheet if deferral of the payment for multi-household lots is proposed, on the final plat. Transportation 1. DSSP City of Bozeman Street Naming and Addressing Policy - A new street shall assume the name of the street on which it aligns unless the street does not and cannot in the future connect to an existing street segment along the alignment. a. The street through the subject property shall be wholly named Rogers Way. The new street will be named Rogers Way. This note has been added to the preliminary plat Sheet 2. ENGINEERING RECOMMENDED CONDITIONS OF APPROVAL: The following comments must be address prior to final plat approval: 1. The applicant must confirm whether the existing household on the subject property has a sewer septic system. If one exists it must properly abandoned prior to final plat approval. It is our understanding that the house was served by Gallatin County septic permit #776, dated 1971, which was for a small drainfield north of the home. Gallatin County also has records of a small septic drainfield west of the shop per permit #8387 dated 1994. Gallatin County Environmental Health has verified that these are the permits they have on file for the property. It is unclear as to whether these systems were properly abandoned previously. These septic systems will be properly abandoned prior to final plat approval. 2. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special districts for the following, if not already filed: Street improvements to West Oak Street form Hunters Way to North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. Intersection improvements at North 19th Avenue and Durston Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. Intersection improvements at North 19th Avenue and West Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by City of Bozeman Planning Department July 26, 2021 Page 9 of 11 square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Final Plat approval. A draft Waiver of Right to Protest creation of the above SID’s has been provided and will be filed prior to final plat approval. ENGINEERING ADVISORY COMMENTS: The following comments must be addressed with future applications: 1. The applicant is advised that due to the known high groundwater and soil conditions within the proposed area of development an increased rate of corrosion has been observed with ductile iron water mains, thus decreasing the longevity of publicly owned and maintained infrastructure. The applicant must provide corrosion protection for all future water mains within the development and identify how the mains will be protected with future infrastructure submittal. Acceptable protection methods include zinc coated ductile iron or v-bio enhanced polyethylene encasement of the main. Corrosion protection for all future water mains is anticipated. These details will be provided on the final infrastructure plans, to be submitted to and approved by the City of Bozeman Engineering Department, prior to construction. Corrosion protection can be waved, if the applicant can demonstrate that corrosion protection is not applicable for the proposed development. Typically, in order for a waiver to be granted, the applicant must consult the latest American Water Works Association and Ductile Iron Pipe Research Association (DIPRA) documentation for testing\evaluation procedures and provide an analysis demonstrating that corrosion protection is not needed throughout the entire development. If a wavier is pursued, the waiver must be requested and approved prior to infrastructure approval. It is anticipated that corrosion protection will be provided. 2. DSSP Plans and Specification Review Policy – Plans, specifications, and submittals for public infrastructure improvements (water main, sewer main, and roadway) must be submitted to the City Engineering Department (engsubmittals@bozeman.net) for infrastructure review. Infrastructure plans will be submitted to the City Engineering Department for review. These plans will address all applicable details for water, sewer, roadway, and stormwater design for the development. 3. DSSP Fire Service Line Standard – Plans for all fire service lines must be submitted to the City Engineering Department (engsubmittals@bozeman.net) for review. No fire service lines are proposed for the development. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the City of Bozeman Planning Department July 26, 2021 Page 10 of 11 required impact fees according to current rates please contact the Department of Community Development and/or visit. Acknowledged Note: During preparation of the staff report for future applications, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. Acknowledged Sincerely, WGM Group, Inc. Gary Fox PROJECT ENGINEER Encl. cc: City of Bozeman Planning Department July 26, 2021 Page 11 of 11 W:\Projects\201016\Docs\Subdivision Submittal\Preliminary Plat Submittal\Response to DRC Comments - July 2021\Response to DRC Comments_7.8.21.docx