HomeMy WebLinkAbout003 Narrative and Response to Conditions of Approval
Final Plat Application
Blackwood Groves Subdivision
Phase 2
#22424 – Final Plat Application, Blackwood Groves Subdivision Phase 2
October 2022
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Table of Contents
NARRATIVE
Section I. – Project Team
Section II – Introduction
Section III – Improvements Agreement
Section IV – Parkland and Open Space
Section V – Schedule
Section VI – Response to Conditions of Approval
I. PROJECT TEAM
OWNER & Blackwood Land Fund, LLC
APPLICANT 140 Village Crossing Way, Unit 3B
Bozeman, MT 59715
p: 406.539.6015
PLANNER Intrinsik Architecture, Inc.
111 N. Tracy Avenue,
Bozeman, MT 59715
p: 406.582.8988
ARCHITECT KTGY Architecture and Planning
1390 Lawrence Street, Suite 100
Denver, CO 80204
p: 303.623.5186
ENGINEER C&H Engineering and Surveying, Inc.
1091 Stoneridge Drive,
Bozeman, MT 59718
p: 406.587.1115
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October 2022
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II. INTRODUCTION
The final plat application for Blackwood Groves Subdivision, Phase 2 includes 3 multi‐household
residential lots, 6 multi‐household lots (subject to future site plan review), 6 park parcels, 3 common
open space parcels. This phase are located in the southwest ¼ of Section 24 and northwest ¼ of
Section 25, Township 2 South, Range 5 East, City of Bozeman.
III. IMPROVEMENTS AGREEMENT
Infrastructure improvements, including all utilities, curb, gutter and pavement, will be completed by
the time that the phase 2 final plat application filed. As of 11/1/2022, all utilities have been installed
and tested, the 19th Ave widening has been completed with curb/gutter/pavement, the interior roads
have been completed with curb/gutter/pavement, nearly all sidewalks along Blackwood Road, public
parks, and public open space parcels have been completed. This application includes an improvements
agreement (Section 5) which financially guarantees all remaining improvements (street lighting, ADA
ramps, private sidewalks, gaps in public sidewalks, final walkthrough punchlist, etc.) The total
guarantee will be $1,917,036.32 which is 150% of the estimate to complete the remaining
improvements.
IV. PARKLAND AND OPEN SPACE
The parkland tracking table is included on the Conditions Approval Sheet of the final plat. The parkland
and open space plans and calculations are included in Section 7 of this application. Parkland and open
space improvements will be installed during the spring and early summer of 2023. These
improvements are guaranteed as outlined in the Improvements Agreement application (Section 5).
V. SCHEDULE
Installation of subdivision improvements commenced in March 2022 and continue to this date. All
public civil improvements not covered by the improvements agreement are anticipated to be
completed in the 2022 construction season. Parkland and open space improvements are scheduled to
begin in late 2022 with all improvements anticipated to be completed by the spring/summer of 2023.
VI. RESPONSE TO PRELIMINARY PLAT CONDITIONS OF APPROVAL
The preliminary plat application for the Blackwood Groves Subdivision was approved by the City
Commission on June 8, 2021. Responses to the Conditions of Subdivision Approval and the Code
Requirements Requiring Plat Corrections are provided in bulleted italics:
Conditions of Approval:
1. BMC 38.220.070. The applicant shall 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. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
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October 2022
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in the submittal.
This narrative responds to all conditions of preliminary plat approval and noted code
provisions.
2. BMC 38.220.070.A.7. 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 owners’ association of any open
space proposed to be conveyed to the property owners’ 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 owners 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 owners 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.
The warranty deeds transferring title for Parks to the City of Bozeman and Open Space
to the owner’s association are included in Section 10 of this application. Signed original
copies are held by the applicant and will be delivered to the City once approved.
3. BMC 38.240.150.A.3. Deeds and 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.
The warranty deeds transferring title for Parks to the City of Bozeman and Open Space
to the owner’s association are included in Section 10 of this application. Signed original
copies are held by the applicant and will be delivered to the City once approved. The
realty transfer certificates will be provided at the time of filing of the final plat.
4. BMC 38.410.060.A. 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.
All necessary utility easements are described, dimensioned, and dedicated on the
final plat sheets included in the “Plans” folder of this application.
5. BMC 38.240.410. The certificate of dedication on the final plat shall include the specific names
of the streets dedicated to the public for which the City accepts responsibility.
The certificate of dedication on sheet 1 of the final plat includes the specific names of
the streets dedicated to the public for which the City accepts responsibility.
6. In order to disclose to future purchasers their obligations regarding open space established in
the municipal code the following language shall be included on the Conditions of Approval
Sheet of the final plat:
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“As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the
municipal code, ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space lands
shall be that of the property owners’ association. Maintenance responsibility shall include, in
addition to the common open space and trails, all vegetative ground cover, and irrigation
systems in the public right‐of‐way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas.
All areas within the subdivision that are designated herein as common open space
including trails are for the use and enjoyment by residents of the development and the
general public. The property owners’ association shall be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all common open space
areas and trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within each phase to
the property owners’ association created by the subdivider to maintain all common open
space areas within Blackwood Groves subdivision. The City may release the Blackwood
Groves Property Owners’ Association from the obligation to maintain parks dedicated to
the City at the City’s discretion.”
This language is included as note #9 on the Conditions of Approval sheet (sheet 4 of the
final plat).
7. BMC 38.220.020.A. The applicant must contact the Gallatin County Conservation District,
Montana Department of Environmental Quality, and U.S. Army Corps of Engineers
regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) must be obtained by the applicant.
The applicant has contacted and secured any required permits from the Gallatin County
Conservation District, Montana DEQ, and the US Army Corps of Engineers.
8. BMC 38.240.530. A well, including equipment and associated permitting, used for
public irrigation must be transferred to the City or POA as applicable. A certificate of
water related improvements is required per Section 38.240.530. Any financially
guaranteed water related improvements agreements must include a warranty of
workmanship.
The certificate of water related improvements is included on the certificates sheet of
the final plat (sheet 1).
9. BMC 38.240.150.A. All Irrigation wells located within the exterior boundaries of the
development shall include Montana DNRC certificates which shall be provided to the
City with the final plat submittal. Ownership of any well and associated water right
within common open space owned by the property owner’s association shall be
transferred to the property owner’s association in conjunction with the final plat. All
wells shall include a meter or other device to determine consumption.
The Montana DNRC approval is included in Section 14 of this application. Well
Completion certificates will be in the Blackwood Groves Association name upon
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completion of the wells. The wells will include any metering device as required by
Montana DNRC.
10. The applicant must add a note to the conditions of approval sheet of the plat that all
stormwater infrastructure located outside of the public right‐of‐way must be maintained
by the property owners’ association (POA).
This note is included as #1 in the general notes section on the Conditions of Approval
sheet of the final plat (sheet 4).
11. The applicant must include a note on the conditions of approval sheet of the final plat
that states that maintenance of all stormwater facilities, including stormwater facilities
within the park parcels, is the responsibility of the property owners’ association (POA).
This note is included as #10 in the general notes section on the Conditions of Approval
sheet of the final plat (sheet 4).
12. With final covenants, provide a one page exhibit of lots 1‐6 of block 28 as identified
on the preliminary plat, page 7 identified by legal description that includes setback
requirements, watercourse setback zones, building area, and landscape/watercourse
setback planting requirements.
Lots 1‐6, Block 28 are not included in the current final plat filing (Phase 2) – this
setback will be outlined on the Phase 8 final plat for Blackwood Groves. The
watercourse protective language is included in Section 17, Article X in the CC&Rs.
13. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
should be included in the Final Design Manual and Covenants.
This language is included in Section 17, Article X in the CC&Rs.
14. BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or
fencing can be installed within an access or utility easement granted to the City of
Bozeman without written consent of the City of Bozeman. With final covenants, include a
statement that says that no landscaping (such as trees or bushes) or fencing can be
installed within the utility or access easement.
This note is included in the second paragraph of Section 1, Article VIII of the CC&Rs.
15. BMC 38.220.070 ‐ The final plat must contain the following notation on the Conditions of
Approval sheet prior to Final Plat Approval:
a. BMC 38.220.320.A. The responsibility of maintenance for the stormwater
facilities including those in public parks, 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
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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.
This note is included in #1 of the general notes on the Conditions of Approval sheet of
the final plat (sheet 4).
b. BMC 38.410.060.C. All stormwater facilities not on property dedicated to the
City of Bozeman require public utility easement for storm water facility
maintenance. Due to known high groundwater conditions in the area no
basements will be permitted with future development of the site.
This note is included in #1 and #2 of the general notes on the Conditions of Approval
sheet of the final plat (sheet 4).
c. 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.
This note is included in #2 of the general notes on the Conditions of Approval sheet of
the final plat (sheet 4).
d. A median is the portion of the roadway separating opposing directions of the
roadway, or local lanes from through travel lanes. All medians within the
subdivision are to be maintained by the property owners association. A
separate City approved maintenance agreement must be recorded with the
Clerk and County recorder and incorporated into the subdivisions Covenants,
Conditions & Restrictions.
This note is included in #4 of the general notes on the Conditions of Approval sheet of
the final plat (sheet 4).
e. The back‐in angled parking is to be maintained by the property owners
association which includes snow removal, pavement maintenance, and all
other maintenance functions of the back‐in angled parking spaces.
This note is included in #5 of the general notes on the Conditions of Approval sheet of
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the final plat (sheet 4).
f. Although an easement or parkland dedication is required at the time of final plat,
the Parks and Recreation Department does not assume maintenance responsibility
for parkland and improvements until after Final Plat and until the park meets
requirements of 38.420.080 and the approved park master plan, all conditions of
approval for the subdivision or park master plan are completed, and written
acknowledgement of final acceptance has been provided by the City.
This note is included in #11 of the general notes on the Conditions of Approval sheet
of the final plat (sheet 4).
g. Every owner of land fronting or abutting on a paved sidewalk or other path within a
park and connected to said sidewalk or path via a pedestrian pathway shall remove
and clear away, or cause to be removed and cleared away, any snow and ice from
that portion of the sidewalk in front of or abutting the building or lot of land within
24 hours. However, in the event the superintendent of parks determines the snow
and ice on a sidewalk cannot be reasonably removed, the superintendent may
require the use of sand or other suitable substance to make pedestrian travel
reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as
soon as the weather permits.
This note is included in #12 of the general notes on the Conditions of Approval sheet
of the final plat (sheet 4).
16. The applicant must file the City approved maintenance agreement with the County Clerk and
Recorder, have a note added to the Conditions of Approval Sheet that identifies the
maintenance requirements and responsibilities of the back‐in angled parking spaces, and
include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final
Plat Approval.
The Angled Parking Maintenance Agreement is included in section 11 of this final plat
application. This agreement will be attached to the filed CC&Rs upon the filing of the
phase 2 plat.
17. A 1 foot no access strip shall be placed along all lots fronting on South 19th Street.
The 1‐ft no access strip along South 19th is included on the plat.
18. A 1 foot no access strip shall be placed along all lots fronting on South 11th Street.
This plat filing (Phase 2) does not include any frontage along South 11th Avenue.
19. A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road.
The 1‐ft no access strip is included along all lots fronting Blackwood Road.
20. BMC 38.410.130.C. If water rights or cash‐in‐lieu of water rights, have not been
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provided with Final Plat, then water rights or cash‐in‐lieu must be provided with any
future site plan development or applicable development application.
The Phase 2 final plat does not provide any cash‐in‐lieu of water rights (CILWR)
payment as the number of units of all platted lots is unknown at this time. CILWR
for all multi‐household lots subject to future City review (Blocks 14, 15, and 16) will
be provided during the site plan review process as noted in #13 of the general
notes on the Conditions of Approval sheet of the plat (sheet 4).
21. BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage
designation the applicant must demonstrate alternative means to supply dry utilities and
easements through and within such lots prior to Final Plat Approval.
The south side of Block 16 (fronting along Blackwood Road) is storefront block
frontage. 10‐ft utility easements are provided along the east and west sides of this
block which will service the one building that will likely be constructed on this block.
The dry utility backbone plan has been coordinated with Northwestern – this plan
has been shared with City engineers.
22. BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company
(MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The
agreement must describe the necessary easement width for maintenance of the ditch. The
applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10
foot wide standard ditch maintenance easement would be required. The applicant is advised
that if an agreement cannot be reached with MCDC the configuration and layout of the
proposed subdivision could change and can proceed at their own risk.
The ditch maintenance agreement is provided in Section 13 of this final plat application.
23. The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The
applicant must pay the payback fees prior Final Plat Approval.
Payback fees for all phases of the development were paid for with the Phase 1
final plat.
24. A road connection to South 19th Avenue must occur with the first phase of the development
prior to Final Plat Approval.
The first phase of the development included a connection to South 19th Ave. Phase 2
provides an additional connection to 19th Avenue with Blackwood Road.
25. BMC 38.400.010 ‐ South 11th and Blackwood Road must be constructed to a collector standard
according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for
all intersections deemed necessary by City Engineering in Blackwood Road and South 11th
Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure
submittal plan set.
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Blackwood Road was constructed to a collector standard meeting the City’s TMP per
the City‐approved Phase 1 infrastructure plans. This plat filing (Phase 2) does not
include any sections of South 11th Avenue.
26. A maintenance access easement from the City is required for developer/POA access to
stormwater features within park lots prior to Final Plat approval. Prepare easement documents
that include the area of access for stormwater feature maintenance.
Maintenance access easements for all stormwater features are described and dedicated
on the final plat. In addition, all parks will be deeded to the City of Bozeman with the
filing of the final plat.
27. Easements for trails within open space parcels must include agreement to utilize city‐wide
wayfinding and allow parks staff to install and/or repair wayfinding.
As dedicated on the final plat, all open space parcels include public access and utility
easements.
28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of
the POA or adjacent property owner.
The POA is responsible for snow and ice removal from park sidewalks per Article VII,
Section 1 of the CC&Rs (document #009b in this application).
29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants
must provide final park plans with all improvements proposed along with preconstruction
meeting request at least 30 days prior to planned commencement of parkland construction.
A preconstruction meeting with the Parks Division will be held prior to any work on
parkland. Parkland and Open Space plans have been provided to the Parks Division.
Code Requirements Requiring Plat Corrections:
1. The final plat must 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). 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.
Mylar copies of the final plat will be provided once the submitted drafts are approved by
the City.
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2. BMC 38.100.080.A. 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.
This item is noted.
3. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized
and recorded with the final plat. The POA documents must include the requirements of Section
38.220.300 and 320.
The POA documents are included in Section 9 of this application – these documents were
filed with the Phase 1 final plat. The Articles of Incorporation have been filed.
4. BMC 38.270.030. The applicant must submit 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, which must be provided to and approved by
the City Engineer. Water and sewer plans must also be approved by the Montana Department of
Environmental Quality. The applicant must 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 site infrastructure
improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal
Code are met to allow for concurrent construction.
Plans and specifications have been submitted and approved by the City of Bozeman and
the Montana DEQ. The preconstruction conference was conducted prior to construction.
5. BMC 38.400.090. Street easements must be provided for all streets identified in the underling
Master Site Plan must be provided prior to each subsequent phase final plat approval to ensure
access is provided to all lots. The easements must be reviewed and approved by the City. The
easement must be provided using the City’s standard language for a public street and utility
easement. 10 foot utility easements must be provided along all street frontage unless all
effected utility companies (provided service to the development) provided written
documentation that the easements are not required prior to final plat approval.
The streets and utility easements are dedicated on the final plat.
6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off‐site land, private land, personal
property, improvements and water rights; documents required.
a. (1) For the transfer of real property in satisfaction of required or offered dedications to
the city, and required or offered donations or grants to the property owners' association
(POA), the subdivider or owner of the property must submit with the application for final
plat a warranty deed or other instrument acceptable to the city attorney transferring fee
simple ownership to the city or the POA.
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b. (2) For the transfer of personal property installed upon dedicated parkland or city‐
owned open space, or POA‐owned parkland or open space, the subdivider must provide
the city an instrument acceptable to the city attorney transferring all its rights, title and
interest in such improvements including all applicable warranties to such improvements
to the city or the POA.
c. (3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat with the
original of such deed or instrument returned to the city or POA as applicable.
d. (4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other instrument
acceptable to the city attorney transferring ownership to the city or POA, along with all
required state department of natural resources and conservation documentation,
certification and authorization.
Warranty deeds transferring title for Parks to the City of Bozeman and Open Space to the
owner’s association are included in Section 10 of this application. Signed original copies
are held by the applicant and will be delivered to the City once approved. These deeds will
be filed with the filing of the final plat. No transfer of ownership interest in water rights is
included with this application.
7. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior
to the completion of all required improvements, an Improvements Agreement shall be entered
into with the City of Bozeman guaranteeing the completion of all improvements in accordance
with the preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City of Bozeman
with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
The Improvements Agreement application is included in Section 5 of this submittal. The
applicant will provide the acceptable method of security equal to 150 percent of the cost
of the remaining improvements once that value is approved by the City.
8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must
specifically list all installed improvements and financially guaranteed improvements.
The certificate of completion of improvements is included on sheet 1 of the final plat.
9. BMC 38.240.520 requires a certificate of completion of non‐public improvements. Certificate
must specifically list all installed improvements and financially guaranteed improvements.
The certificate of completion of non‐public improvements is included on sheet 1 of the
final plat.
10. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate
from the non‐public improvements certificate and match the language in this section.
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The Conditions of Approval and Certificate of Non‐Public Improvements are separated.
The COA sheet is the last sheet of the plat map set (sheet 4).
11. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval,
the final plat of subdivision must contain a certificate of completion of water‐ related
improvements. The certificate must list all completed and accepted improvements, including but
not limited to all irrigation system record drawings. The subdivision proposes irrigation of public
street frontage and city parkland. This certificate must be provided on the final plat.
The certificate of completion of water‐related improvements is included on sheet 1 of the
final plat.
12. BMC 38.220.020 & 38.610.050 ‐ Approved stream and wetland permits shall be provided prior to
public infrastructure approval for public infrastructure impacts to jurisdictional wetland and
streams. Permits shall be provided prior to Final Plat Approval.
Approved stream and wetland permits have been acquired and provided prior to
infrastructure install.
13. BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water
main (CIP Number: FP_1347) to the southwest corner of the subject property along S19th Ave.
The identified 12 inch main must extended through subject property and connect to the existing
16 inch water main in Blackwood Road prior to Final Plat Approval. The main may follow the
proposed water main alignment along Street E and Avenue A and must be included within the
infrastructure submittal plan set.
This item is noted. The 12” water main within Phase 2 has been installed.
14. BMC 38.410.040. Provide design sections for mid‐block pedestrian crossings through park 14,
open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree
for every 50 feet per 38.550.050.D.
The parkland and open space plans are included in Section 7 of this application. A
minimum of 1 tree per every 50 feet is satisfied.
15. BMC 38.410.130 ‐ 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.
This application does not include any payments for CILWR as all lots platted in Phase 2
are subject to future site plan review. Payment for CILWR will be provided with the future
site plan review for each lot. Note #13 on the COA sheet of the final plat (sheet 4)
provides this information.
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16. BMC 38.600.180. A No‐Rise analysis and floodway encroachment analysis must be provided for
Blackwood Road and Cambridge Drive to ensure protection of life and property from flood
impacts prior to final plat.
The no‐rise certification and analysis was provided with the preliminary plat application
for Blackwood Groves.
17. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping identified in
the watercourse planting plan must be installed or financially guaranteed prior to final plat
approval.
The parkland and open space plans are included in Section 7 of this application. Phase 2
does not include any watercourse plantings.
18. BMC 38.220.020, The developer must provide the community development department with a
copy of all required streambed, streambank or wetlands permits, or written notification from the
appropriate agency that a permit is not required, prior to the commencement of any work on the
site and/or final plat approval, whichever is sooner.
All watercourse setback permits were acquired prior to commencement of any work.
19. BMC 38.240.050, Disposition of Water Rights. Water rights, or cash‐in‐lieu thereof, as calculated
by the Director of Public Works, is due with the filing of each subdivision final plat.
This application does not include any payments for CILWR as all lots platted in Phase 2
are subject to future site plan review. Payment for CILWR will be provided with the future
site plan review for each lot. Note #13 on the COA sheet of the final plat (sheet 4)
provides this information.
20. BMC 38.240.420, Mortgagee. If there are liens or mortgages against the property, the
appropriate Mortgagee certificate must be included.
The Mortgagee certificate is included on sheet 1 of the final plat.
21. BMC 38.410.060. A 10‐foot utility easement located within the front yard setbacks along Blocks
8, 20 and 22 will need to be shown on the final plat. An 8‐foot sidewalk will need to be designed
within the access easement along blocks 8, 20, and 22 to meet ASHTO standards.
Blocks 8, 20, and 22 are not located in this plat filing (Phase 2). This utility easement and
8‐ft sidewalk was included along Block 8 in Phase 1. This easement and sidewalk will be
provided for Blocks 20 and 22 upon future phases.
22. BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat.
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Block 22 is not included with this plat filing (Phase 2). The pond will be removed from this
access easement with the applicable future phase.
23. BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of
block 8 adjacent to the proposed sidewalk.
A 10‐ft utility easement is included along the north side of Block 8.
24. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be
installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting
the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat application will not be
deemed complete until the resolution to create the SILD has been approved by the City
Commission.
Subdivision lighting is included in the Improvements Agreement application in Section 5
of this submittal. The applicant is coordinating with the City Finance Department on the
SILD application, a copy of the SILD application is included in Section 14 of this submittal.
25. BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the
developer shall provide an off‐street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any
mail delivery area constructed within a City right‐of‐way. If cluster boxes are use a dedicated
area to pull up and access the boxes must be provided.
Mail delivery has been coordinated with the USPS and will be placed in accessible cluster
box locations.
26. BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase
development, the entire parkland dedication must be accomplished at the time of the initial
phase of the development. If necessary, this may be accomplished through the grant of public
access easements during later phases.
The parklands for all future phases were dedicated as easements with the Phase 1 final
plat.
27. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in‐lieu of land
dedication, the amount must be stated on the final plat.
The parkland tracking table is included on the conditions of approval sheet (sheet 4).
28. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the
common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in
length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of
boundary marking may be approved by the planning or other appropriate department.
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Park boundary delineators, to be approved by City Parks, will be installed at all applicable
private lots. Park boundary pins are included in the parkland plans in Section 7 of this
application.
29. BMC 38.420.080.D. Stormwater detention/retention ponds. Stormwater retention or detention
ponds may be located within public parkland, but such areas do not count towards the parkland
dedication requirement. Any stormwater ponds located on parkland must be designed,
constructed and/or added to so as to be conducive to the normal use and maintenance of the
park. Stormwater retention or detention ponds must be maintained by the property owners'
association.
Stormwater ponds located within public parkland is not counted as qualified parkland. All
stormwater facilities will be maintained by the POA.
30. BMC 38.550.070. In accordance with the requirements of this section, installation by the
developer of vegetative ground cover, boulevard trees, and irrigation system in the public right‐
of‐way boulevard strips on perimeter streets and in and adjacent to City park lots and any open
space lots is required prior to final plat approval or must be financially guaranteed.
Boulevard landscaping for City Parks and Subdivision Open Space parcels is included in
the Improvements Agreement.
31. BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways,
to provide adequate multimodal transportation facilities within the development, as part of the
required development improvements. Transportation pathways must be Americans with
Disabilities Act (ADA) accessible, and include the following types of facilities:
a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable
block frontage designation);
b. On‐street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
This item is noted.
32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I
trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width
to ensure adequate room for the construction, maintenance and use of the trail. Transportation
trail corridors cannot be used to satisfy parkland dedication requirements; and
a. Pathways that connect community or neighborhood commercial nodes by a reasonably
direct route; or
b. Pathways that connect major residential, employment, educational, or other service
nodes by a reasonably direct route.
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This item is noted.
33. BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The required
10‐foot front yard easement is required for all lots unless written confirmation is submitted with
the preliminary plat from ALL utility companies providing service indicating that front yard
easements are not needed.
Standard utility easements are provided and dedicated on the plat.
34. BMC 38.410.080.D, Grading and Drainage. Proposed storm water facilities must be constructed
and contained on an individual lot as a common area(s) or parkland owned by the City and
maintained by the property owners’ association and noted accordingly in the protective
covenants.
All stormwater facilities are located on common open space or parkland parcels and will
be maintained by the property owners’ association as noted in #1 of the general notes on
the Conditions of Approval sheet and within the CC&Rs.
35. BMC 38.220.320, Covenants. Covenants, restrictions, and articles of incorporation for the
creation of a property owners’ association shall be submitted with the final plat application for
review and approval by the Department of Community Development and shall contain, but not
be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional
setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3)
provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common
areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline
architectural and landscape requirements for each individual lot and/or phase of the subdivision,
including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions
that outline the renewal of an annual contract with a certified landscape nursery person for the
upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details
for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of
groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of
existing and future Special Improvement Districts. These documents shall be submitted to the
city attorney and shall not be accepted by the City until approved as to legal form and effect. A
draft of these documents must be submitted for review and approval by the Community
Development Department at least 30 working days prior to submitting a final plat application.
These documents shall be executed and submitted with the initial final plat to be filed with the
Gallatin County Clerk and Recorder at the time of final plat recordation.
The Bylaws and CC&Rs are included in Section 9 of this application. Article II of the CC&Rs
includes all City of Bozeman required covenants.
36. BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in
landscaped areas shall be designed as landscape amenities. They shall be an organic feature with
a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live
vegetation appropriate for the depth and design of the retention/detention facility, and be lined
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with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders
to create a functional yet, natural site feature.
This item is noted and has been incorporated into the Subdivision design.
37. BMC 38.410.060 ‐ All easements must be provided using the City standard language and the
applicant must provide an owner executed original easement to the City prior to Final Plat
approval. The following easements have been identified in the application:
a. Sewer and Water pipeline access easement for the mains intended to service the
development.
b. Public access easement(s) for onsite trail/open space and midblock crossing for open
space D open space B
c. In preparing signature blocks on any upcoming documents, please make the following
changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is
established, the easement documents must be updated.
All water and sewer easements and public access easements are dedicated on the final
plat in City standard language. Signed original copies will be provided to the City once the
submitted drafts are approved.
38. BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the
easements are subject to the requirements of Section 70‐17‐112, MCA restricting interference
with canal or ditch easements and that irrigation works are subject to Section 85‐7‐2211 and 85‐
7‐2212, MCA regarding duties and liability. The notice must include language to assure the duties
are binding upon all successors in interest and remain in effect until such time that the
agricultural water user facility is abandoned in accordance with the requirements of Montana
Law or alternative requirements are agreed to in writing by all applicable parties. The easements
must be prepared as documents separate from a final plat but may be referenced on a final plat.
This notice will be recorded with the final plat. Ditch easements are included on the plat
and the Ditch Maintenance Agreement is included in Section 13 of this submittal.
39.
BMC 38.240.430. Where there will be a cash donation in‐lieu of parkland dedication, plats of
subdivision must show the following certificate.
There is no cash donation in‐lieu of parkland proposed with this application.