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HomeMy WebLinkAboutComment_ResponseLetter_090221 September 2, 2021 Sarah Rosenberg, Associate Planner Community Development Department – City of Bozeman 20 East Olive Street Bozeman, MT 59715 Reference: Response Letter to City of Bozeman Comments – Billings Clinic Annexation and Zone Map Amendment Dear Sarah: In response to your letter on June 17th, 2020, and the Engineering Division memorandum dated June 16th, 2020, we have revised the application. Comments by City of Bozeman are provided in black, while responses by Sanderson Stewart are provided in blue. Section 1 – Recommended Contingencies Annexation 1. The documents and exhibits to formally annex the subject property must be identified as the “The Billings Clinic Bozeman Campus Annexation”. Response: The application documents reference “The Billings Clinic Bozeman Campus Annexation” 2. An Annexation Map, titled “The Billings Clinic Bozeman Campus Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office and must be submitted with the signed Annexation Agreement. Response: The application includes the Annexation Map. Upon approval, a final map on mylar will be provided to the City. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. Response: The applicant acknowledges the timeline associated with the annexation. Sarah Rosenberg September 2, 2021 Page 2 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. Response: The applicant acknowledges the fees to be paid at the time of future development. 5. 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 East Valley Center Road including paving, curb/gutter, sidewalk, lighting, and storm drainage • Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, lighting, and storm drainage • Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting, and storm drainage • Street improvements to West Lake Road including paving, curb/gutter, sidewalk, lighting, and storm drainage • Intersection improvements to East Valley Center Road and North 27th Avenue • Intersection improvements to East Valley Center Road and Davis Lane • Intersection improvements to East Valley Center Road and Catamount Street • Intersection improvements to Catamount Street and North 27th Avenue • Intersection improvements to Catamount Street and Davis Lane Response: The required Waiver of Right to Protect document has been created and is included as a draft with this submittal. The Waiver will be recorded prior to finalizing the Annexation Agreement. The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction with the annexation, a waiver of right-to-protest creation of Special Improvement Districts for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. Response: The required Waiver of Right to Protect will be recorded prior to finalizing the Annexation Agreement. 6. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to Sarah Rosenberg September 2, 2021 Page 3 the property in accordance with the City of Bozeman’s infrastructure master plans and all city policies that may be in effect at the time of development. Response: The Applicant acknowledges that the Annexation Agreement will include this notice. 7. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Response: The Applicant acknowledges that the Annexation Agreement will include this notice. 8. The applicant must contact Brian Heaston with the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to annexation. Response: Brian Heaston was contacted regarding cash-in-lieu. Per his email response, any cash-in-lieu of water rights would be paid at the time of development of the property. Not cash-in-lieu will be required at the time of annexation. Section 2 – Recommended Contingencies Zoning Map Amendment 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. Response: The applicant acknowledges this contingency. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “The Billings Clinic Zone Map Amendment”. Response: The applicant acknowledges this contingency, and all documents and exhibits reference The Billings Clinic Zone Map Amendment. Sarah Rosenberg September 2, 2021 Page 4 3. The applicant must submit a zone amendment map, titled “The Billings Clinic Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. Response: The application includes the Zone Map Amendment. Upon approval, a final map will be provided to the City. Section 3 – Planning Comments 1. Resolution 5076 was approved and adopted by the City Commission on October 28, 2019 and supersedes Resolution 4400 revising and reestablishing goals and policies for landowner initiated annexation of properties to the City of Bozeman. This resolution is attached to this report. The applicant must revise their narrative to address all goals and policies not already directly covered in the already provided checklist and narrative. Response: The project narrative has been revised and updated to address all goals and policies of Resolution 5076. Section 4 – Engineering Comments 1. Bozeman Municipal Code (BMC) 38.410.060 Easements – Right-of-way must be provided with the annexation consistent with the City collector and arterial street standards for the surrounding streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The applicant should consult the City of Bozeman Design Standard and Specification Manual and Transportation Master Plans for the required right-for-way. a. The applicant must provide either the proposed Right-of-way (ROW) or a City standard public street and utility easement for the same extents for Davis Lane which falls within the property per the City’s Transportation Master Plan Appendix K Pages 142-143, approximately 20 feet extending from the existing county road easement. Response: The required easement was previously recorded. A copy of the recorded easement document is included with this submittal. 2. BMC 38.410.060 Easements – A minimum of a 10-foot utility easement must be provided along the Davis Lane ROW, required in comment no. 1.a, for the extension of the dry Sarah Rosenberg September 2, 2021 Page 5 utilities. The utility easement must be provided using the City’s standard language prior to Annexation. The applicant may contact the Engineering Division to receive a copy of the utility easement template. Response: The required easement was previously recorded. A copy of the recorded easement document is included with this submittal. Section 5 – Advisory Comments 1. 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 required impact fees according to current rates, please contact the Department of Community Development and/or visit www.bozeman.net. 2. BMC 38.410.130 – An additional transfer of water rights or the payment of cash-in-lieu (CIL) of water rights will likely be required upon future development. 3. Prior to future development or redevelopment, the applicant should contact Northwestern Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with NWE suggests the presents of a high-pressure gas main in the vicinity. Response: The applicant acknowledges the above Advisory Comments. Please do not hesitate to contact me if you have any questions or need any additional information for these submittal materials. Sincerely, Pat Davies, PE, CDP, LEED AP Senior Engineer | Market Lead