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HomeMy WebLinkAbout001 - Block 5 Lot 2 - Narrative South Range Crossing Block 5, lot 2 - Site Plan Application RC - 1 October 2023 Table of Contents 1. Site Plan Application Information, Forms & Checklists 2. Project team 3. Site plan narrative a. General site information b. Site considerations c. Parkland d. Building design e. Landscaping f. Site Lighting g. Traffic h. Water rights i. Departures j. Timeline for Construction 4. Response to REMU Supplemental Information 5. Response to Preliminary Plat & MSP Conditions of Approval Appendices Appendix A - Vicinity Map Appendix B - Existing zoning Appendix C – Block Frontage Appendix D - Green Plan Appendix E – Subdivision Phasing Plan Appendix F – Traffic Impact Study Appendix G – Concurrent Construction Request Letter Appendix H - Preliminary Plat SRX Appendix I – Waiver of Right to Protest SID Appendix J – Geotech Report Appendix K – Storm Drainage Design Report Appendix L – Wastewater Design Report Appendix M – Water Design Report Appendix N – Snow Storage Design Report Appendix O – Parks Master Plan 1. Site Plan Application Information, Forms & Checklists The Site Plan form has been included per City requirements, and the applicant will submit the required fee once the application has been deemed adequate for review. Please see the estimated site plan fee amount below: COMPONENT FEE QUANTITY TOTAL Base $2,669 $2,669.00 Dwelling Units (150 Max) $125 20 $2,500 Total $5,169.00 1. Project Team Owner & Applicant: Providence Development Company, LLC Attn: Parker Lange 529 East Main Street Bozeman, MT 59715 Ph: 406-595-4560 Email: plange@providencedevco.com Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406-582-8988 Email: tsteinway@intrinsikarchitecture.com Planning/Architecture: KTGY Attn: Casey Roberts 17911 Von Karman Avenue, Suite 200 Irvine, CA 92614 Ph: 949-268-8545 Email: croberts@ktgy.com Engineering: Morrison – Maierle Attn: Matt Ekstrom 2880 Technology Blvd W Bozeman, MT 59718 Ph: 406-922-6784 Email: mekstrom@m-m.net Landscape Architecture: Design 5 Attn: Troy Scherer 111 North Tracy Ave Bozeman, MT 59715 Ph: 406-587-4873 Email: troy@design5la.com 3. Site Plan Narrative A. General site information This site plan proposes the Third vertical construction project within the South Range Crossing (SRX) community. The application is two single house hold pods located at Block 5 Lot 2. The project site is located at on the at the northeast corner of the intersection of Brookdale Drive and Canter Avenue just north of the proposed Community Building. This project site is zoned REMU (Residential Emphasis Mixed Use). South Range Crossing (Project or the Development) is a 38.4-acre undeveloped parcel located on the south side of Bozeman. The proposed project consists primarily of residential housing units (rental and for sale product) with accompanying parkland and commercial uses to support the residential neighborhood. The location provides a unique opportunity to provide Bozeman with an additional well- planned addition to the city. The subdivision will support the areas’ natural amenities to create a unique framework that fosters walkability and a sense of place with a variety of offered housing options and supporting commercial spaces. South Range Crossing is envisioned as an active community which will consists of a diverse set of residents with a range of income and demographics, that also enhances the surrounding amenities and will offer services to surrounding neighborhoods. The project site is designated “Residential Mixed Use” in the growth policy and is zoned “Residential Emphasis Mixed Use - REMU”. The proposed project meets the intent of the REMU which envisions compact walkable neighborhoods where residential is the primary use but is in close proximity to neighborhood commercial uses. The lots to the East and south of this project are in various stages of planning but will be complementary in nature due to sharing the same zoning designation. This Block 2 Lot 1&2 development will be requesting concurrent construction as outlined in the Concurrent Construction plan submitted with the Preliminary Plat. This allows for several of the lots to begin constructed while the subdivision improvements are being constructed—tying occupancy of buildings to completion of the Block’s specific subdivision improvements and the South Range Crossing Improvements identified in the aforementioned phasing plan. Specific items identified in the phasing plan will be discussed later in this narrative. B. Site considerations 1. Setbacks & Utilities Setbacks Due to the Product type and number of individual buildings there are a number of setbacks considered in the Block 5 Lot 2 Site Plan. First, the building fronting Canter Avenue will have the required 10’ landscape block frontage setback. The northern property line adjacent to the clubhouse building will take into account a front setback as there are several units fronting on a sidewalk facing that direction. The eastern portion of the lot will employ the same front setback as there are several units fronting along a pedestrian pathway down the center in between two housing pods (pathway located just off site on adjacent property). Finally, the southern property line is adjacent to a park and will be required to meet the landscape block frontage standards. There is a 10’ setback to the face of each unit on the south side of the property. In the center of the lot there is an east/west mid-block pedestrian block separator. This is a 10’ Access Easement with 10’ setbacks. On-site Infrastructure New water mains will be constructed on the west side of the site on Canter Avenue. These mains will tie into the existing mains located in Brookdale Drive and Canter Avenue to the east and south, respectively. Additionally, within each central drive isle a water and sewer main will be extended to allow for individual services to be connected. Stormwater for Block 5 Lot 2 will be collected in two locations. Both locations are located in between 2 BFR homes on the eastern side of the side. There is one basin located in each of the 2 pods. Franchise utilities will be run within utility easements along the street frontage. Transformers will be located near the street frontage to allow for individual services to be pulled across the site. Common Subdivision Improvements Certain elements critical to the subdivision’s utility and transportation network have been identified, with input from the City of Bozeman, that would be required to be installed by the property developers—herein these are referred to as "Common Subdivision Improvements”. These Common Subdivision Improvements generally include extending Canter Avenue from the south property boundary to Graf Street, extending Brookdale from the eastern property line to Canter Avenue, building Providence Drive from Brookdale to Alder Creek Drive and Extending Alder Creek Drive from Providence Drive to Canter Avenue. They also include installing storm drainage improvements for the installed Rows. A complete list of common subdivision improvements for phase 1 is below: • Construct Brookdale Drive from South 15th Avenue to the west Phase 1 Boundary including water, sewer, and drainage facilities. • Construct South 15th from its terminus to Graf Street including water, sewer, and drainage facilities. • Construct Canter Avenue from W Graf Street to the south Boundary including water, sewer, and drainage facilities. • Construct Providence Drive including water, sewer, and drainage facilities. • Construct Alder Creek Drive from Providence Drive to the phase 1 western boundary including water, sewer, and drainage facilities. • Dedicate all the park land. • Begin construction of Park Improvements as Improvements In Lieu of Parkland for phase 1. 2. Block Frontage The Block 5 lot 2 has one external street, Canter Avenue, which will utilize the Landscape Block Frontage. From there the southern portion of the site is adjacent to a park and as such will utilize the park frontage which in this case defers to the landscape block frontage. All the internal residential units will be subject to the special residential block frontage standards. The proposed method to meet these standards is to raise the porch 1’ above grade. The Carriage house apartments don’t have any ground floor residential, and this standard does not apply to them. Please see the grading plan, Archietcural site plan and Landscape site plan for documentation of compliance with these standards. 3. Pedestrian Circulation Pedestrian connectivity is one of the major goals of the SRX neighborhood and as such there are a significant number of pedestrian pathways through Block 5 Lot 2. Each unit will have direct access from pedestrian access via either the public street or internal to the site. In the center of the block there is a pedestrian block separator that will have a 10’ public access easement and will have 10’ setbacks off it. On the east side of the property, just off the lot is a north/south pathway that will link into the park system on the south side of the block providing great north/south connectivity. Internally to the site a north/south pathway was added to allow for better connectivity from the garages and surface parking spaces. Additionally, there are several east/west connections which allow for great movement across the site to adjacent sites as well. 4. Accessible provision This development will be designed in compliance with the IBC, including its accessible requirements; as well as ANSI 117.1 standards for accessible design. Specifically pertaining to this site plan, the site design provides five (5) accessible parking spaces across the whole site. All resident building entries, the refuse areas, and landscaped open space, are connected via an accessible pathway system which is in compliance with the requirements for an accessible route. 5. Parking Parking onsite will primarily take the form of private garages and surface parking spaces. Each unit will feature garage for residents to park their car(s) in. Qualifying parking along Canter Avenue will be limited due to the number of drive access and associated vision triangles. Please see the Parking Calculations included below. PROGRAM REMU REQUIREMENTS PARKING SPACES BUILD FOR RENT BUILDINGS 1 BEDROOM (4UNITS) 1.0 Spaces 4 2 BEDROOM (8 UNITS) 2.0 Spaces 16 3 BEDROOM (8 UNITS) 2.0 Spaces 16 TOTAL REQUIRED 36 REDUCTIONS Surface Parking (On Street) 0 TOTAL REQUIRED AFTER REDUCTIONS 36 PROVIDED SPACES Garage Parking 20 Surface Parking (On Site) 16 TOTAL PROVIDED 36 6. Trash Enclosure Refuse containers and recycling containers will be located in between each bank of three garages (duet building type). Residents will deliver their trash to one of these common containers for routine pick-up. This proposed location will be covered and screened with a gate on both ends. The trash facilities will be screened with a building on either side. The intension with this design is to bring the common trash facilities “inside” the duet building to eliminate the need for individual tots or a common dumpster enclosure location. This will minimize the look and feel of the trash facilities. Please refer to Sheets SP001 & L000-L304 for location and access. 7. Snow Storage The available snow storage volume of 8,267 cubic feet is adequate to accommodate the required storage volume of 7,718 cubic feet. This design approach is a conservative estimate of how much snow storage volume is required because it does not implement other obvious factors that will affect snow storage volume. The snow storage areas allocated tend to be located at the end of the drive isle or parking stalls to allow for efficient plowing techniques. Storage piles will inevitably be subject to freezing and thawing cycles. During these cycles, storage piles will be reduced by percolation and evaporation. Please refer to sheets C300– C402 for the proposed snow storage locations. 8. Open Space Open space for each unit in a variety of different ways. The Single Household Detached and duet apartments are required to provide 100 SF (for 1 bed) and 150 SF (for 2+ beds), which is achieved by a combination of private patios, upper story balconies and shared common open space. In total this project is required to provide 23,089 SF of open space onsite. Please see the tables below & open space graphic Sheet A0-34 outlining how the open space requirements have been met for this project. Single Household Building & Duet Apartment Program Number of Unit Open Space Factor Required Open Space 1 Bedroom 4 100 400 SF 2 + Bedrooms 16 150 2,400 SF TOTAL REQUIRED 2,800 SF Provided Open Space Ground Level Private Outdoor Space (100%) 3,200 SF Ground Level Porch (100%) 1,232 SF Private Balconies (50%) 200 SF Ground Level Shared Open Space (100%) 1,407 SF TOTAL PROVIDED 6,039 SF 9. Construction management To provide a safe working environment for adjacent properties, the project will utilize temporary construction fencing around the project extents which generally follows the perimeter of the property. Multiple 40-cy dumpsters will be located throughout the site in easily accessible and clearly defined areas to provide easy disposal of construction waste. The dumpsters will typically be placed near entrances or along drive aisles to allow for easy pick up. Construction staging areas will be located within proposed parking areas. The center drive aisle will be used as a construction staging area. See C0.4 Construction Facilities Plan for more information. Once a contractor is selected, a detailed phased construction sequencing plan (required with COB/DEQ SWPPP review) and traffic control plan will be provided to the City Engineering Department for review as part of the infrastructure preconstruction meeting requirements. C. Parkland SRX Parks Master Plan is being developed in conjunction with the City of Bozeman and the property owner as necessary improvements for the Subdivision. The Major guiding principals of the plan are: • Promote pedestrian circulation and walkability by providing connections between residential neighborhoods and park / open space areas • Provide a variety of experiences and opportunities for recreation and play • Provide areas for passive and active recreation • Minimize hard or impervious surface • Allow the surrounding land uses, needs of existing users, and needs of proposed users to inform all park design and programming. The development of parkland amenities will be constructed by the developer to meet the Parks Master Plan goals. The current list of planned amenities includes, Dog park, Benches at intermittent intervals along trails, Game Lawn, Fitness Stations, Pedestrian Lighting, Shade Structure, Open lawn area in the central park, Multi-Purpose Sport Courts, Art Sculpture Features and Various trail connections. All Park, Common Open Space, and street boulevards adjacent to the parks will be constructed with the subdivision improvements and financed by the developer. The overall parkland requirements are being met with the subdivision. The phase 1 park “Park 1” will be installed or financially guaranteed prior to the completion of the occupancy of the first home. D. Building design 1. Build For Rent Pods As an alternative to traditional 2 and 3 story apartment-style rental communities, the Build-for-Rent (BFR) neighborhoods at South Range Crossing are configured to deliver a single-family home rental lifestyle while also providing residents with the benefits of shared amenity spaces. Designed with pedestrian connectivity in mind, the BFR neighborhood is a collection of individual homes that positions front doors around green spaces and public streets. Residents can enjoy the interconnected system of paseos, pathways, and sidewalks with a focus on communal open spaces and an attractive street scene. Each unit is allocated an attached or remote single car garage. With privacy, quality and convenience, build-for-rent neighborhoods take the best aspects of the for-sale neighborhoods residents love and offer single family homes within a professionally managed rental community. E. Landscaping The project provides comprehensive site and landscape planning to lend visual interest to the streetscape and provide a comfortable urban pedestrian experience. Onsite there is a comprehensive landscaping plan that enhances and ties together the whole site. Please see L000 – L600 for all landscape details. Additionally, an irrigation plan has been designed to support the proposed landscape design. This includes irrigation of all proposed trees, landscape material & beds, and turf areas. Please see Sheet L600 for all irrigation specifics. F. Site lighting This project will provide comprehensive exterior building and site lighting in accordance with the standards specified in UDC 38.570. The building entrance as well as the outdoor pool area will have exterior lighting. This lighting will help accent the building and enhance the overall exterior space. Street lighting will be provided in accordance with the City of Bozeman Design Standards and Specifications Policy and will be permitted under the subdivision application. Please refer to the following sheets for lighting locations, details, and photometric data. - E001 – Schedule, & Legend - E002 – Specification - E003 – Cutsheets - E004 – Cutsheets - E005 – Cutsheets - E200 – Lighting Analysis - E300 – Photometric Plan G. Traffic A Traffic Impact Study (TIS) conducted by Sanderson Stewart was review/deemed adequate separately with the subdivision submittal. A trip distribution is an estimate of site-generated trip routing, which can be determined by several methods such as computerized travel demand models, calculation of travel time for various available routes and/or simple inspection of existing traffic patterns within the project area. This TIS is also included in this application for reference. I. Departures There are no departures included in this application. J. Timing of Construction The infrastructure drawings for the phase 1 subdivision improvements are currently under review. It is anticipated that they will be approved shortly. Final Plat prep is under way and will be submitted with all associated documents hopefully by January 2024. It is likely that infrastructure will start in January with the hope of starting vertical construction on all phase 1 buildings in May of 2024. 4. Response to REMU Supplemental Standards A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. Response: Understood. B. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts must be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: 2. Natural storm drainage systems are allowed within street rights-of-way. 3. Boulevard strips and medians may incorporate natural drainage technologies. 4. Buildings must be oriented with front facades facing the street as specified in the block frontage standards of division 38.510 of this chapter. 5. Shared drive accesses must be used to reduce the need for additional curb cuts, when feasible. 6. On-street parking should be maximized wherever feasible. 7. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with the following specific standards of this chapter. a. Section 38.350.070, parking and garages (for single to four-household dwellings). b. Section 38.400.090.C.2.a, drive access requirements—Residential. c. Division 38.510, block frontage standards (for all development except single to four- household dwellings) d. Section 38.540.010.A.4, stacking of off-street parking spaces. e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks. f. Section 38.540.010.A.6, parking permitted in rear setbacks. 8. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 9. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where applicable. Response: The overall flow and circulation of this site has been carefully studied to help promote the overall goals of this project. The goal of this project is to create a hub or gathering space for the neighborhood, so access via all methods of transportation is important. Pedestrian pathways surround the site on all sides. To the east of the building several north/south pathways have been added to increase the pedestrian movement across. Also, additional east/west connections have been added to all residents to get to this site from all sides. One major goal of this neighborhood is to provide adequate off-street pathways to make the pedestrian experience more enjoyable. C. Site planning and design element standards. See division 38.520 for applicable standards for all development types, except single to four-household dwellings. See section 38.360.220 for applicable standards for single to four-household dwellings. Response: This is understood. All of the proposed buildings have been designed with these standards in mind. Please refer to the narrative section above describing these buildings in greater detail. D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly accessible private open spaces are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, or landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types of activities to encourage consistent human presence and activity. 1. Public parks and recreational areas. The requirements of this section must give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. 2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented open space. 3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount and design of usable residential open space. Response: Open space is proposed to be provided in a variety of ways, both publicly and privately. This application while not required because each individual structure holds less than 4 units and will have its own private open space either in a balcony or in a ground level patio space. E. Building standards. 1. See division 38.520 for applicable standards for all development types, except single to four- household dwellings. 2. Parking structures must not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. Fifty percent of a parking structure's ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all applicable International Building Codes. 4. All projects in the REMU district are exempt from the rear setback lot coverage requirements of section 38.360.030.I. Response: Understood. The building will comply with the standards of 38.520. This site plan doesn’t have any structured parking or building encroachments. F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.550 of this chapter and the provisions herein. Table 38.330.020-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Response: This is understood. All of the landscape plans have been designed with these requirements in mind. G. Lighting standards. See division 38.580 for applicable standards. Response: This project has been designed to meet all the applicable street lighting standards for each street. Additionally, each building will feature exterior lighting to compliment the overall architecture of the building. These features will adequately balance the need for light on the pathways and circulation corridors, and the desire to not create light pollution. 6. Response to Preliminary Plat & MSP Conditions of Approval PRELIMINARY PLAT CONDITIONS OF APPROVAL 1. Payback Districts. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer payback district boundaries. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to Final Plat approval. Reference documents: https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181719& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437& Response: The Payback district fees will be paid prior to the Final Plat submittal. A receipt will be summitted with that application. The required amounts are: Signal - $96,661, Water - $68,000, Sewer – Approximately $70,000. SECTION 4 – CODE PROVISION REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Response: Understood. 2. BMC 38.400.010 – Streets, and 38.400.110, Fire and Emergency Services Access. a. South 19th Avenue must be widened to a principal arterial standard (including lighting) along the western edge of the subject property according to the City's Transportation Master Plan (TMP); b. A 10-foot shared use path must also be constructed along South 19th Avenue adjacent to the subject property according to the PROST Plan and TMP; c. South 15th Avenue must be constructed to a local street standard (including lighting and stormwater) with 60-feet of right-of-way from Brookdale Drive to W.Graf Street prior to future development on Block 2, Lot 3; and d. There must be no parking on the alleys serving both townhouse lots and the lots with detached houses in order to assure access for garbage trucks, fire engines and other emergency service vehicles. Response: Items A-C have been included in the infrastructure submittal, which is anticipated to be approved mid September. Approval of these plans documenting compliance will be satisfied prior to the final plat submittal. Item D has been included in the final CCRs. A striping and signage plan was submitted with the infrastructure package which is under review. Additional signing and striping information will be included in each site plan submittal for alleys in critical areas. 3. BMC38.410.130. Water Adequacy. The proposed subdivision will need to satisfy the City’s water adequacy code requirement prior to final plat approval. If sufficient water rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu of water rights (CILWR) payment will be required. If the developer owns water rights or shares in an irrigation company (i.e., Middle Creek User Association), please contact Brian Heaston (bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation of the rights. For the CILWR fee determination please contact Griffin Nielsen (gnielsen@BOZEMAN.NET ) in the Engineering Department. CILWR fees for all multi- family, rowhouse, and commercial lots will be deferred until future development. A note must be included on the final plat list providing notice of the future development requirement and list each lot that has been deferred. The CILWR fee will be required for all townhome lots. The pre-determination from the DNRC, demonstrating that the proposed use of groundwater wells to supply the irrigation demand to parks open space may be permitted under Montana’s exempt appropriation prior to the finalization of the CILWR fee determination. If allowed the water rights must be transferred to the correct owner (City of Bozeman for Park and the POA for the Open Space). After the irrigation systems are installed and put to use prior to filing the 602 forms with the DNRC the City must review the verify the information on the form and the correct ownership is listed, please see the Parks Department comments for additional details. The property deeds must correctly note the transfer of the water rights. Response: CILWR will be paid with each individual site plan application. All of the parkland and open space will be irrigated off and exempt water right. The determination from DNRC was included in the Preliminary Plat application. The 602 Form will be submitted with the final plat application. Our research shows that this property does not own any shares in the Middle Creek Ditch. 4. BMC 38.270.030.D.2 – Concurrent Construction Improvements Agreement. a. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount will be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance allowed/required by the improvements agreement. b. BMC 38.270.030.D.4 – Infrastructure Improvements. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the City Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. c. BMC 38.270.030.D.6 – Liability Insurance. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be canceled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. d. BMC 38.270.030.D.11 – Indemnification. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. e. BMC 38.240.450.A – Completion of Public Improvements Statement. Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. Response: Acknowledged. These items will be addressed with the final plat. The Certification of Completion has been added to the plat. 5. BMC 38.400.070 - Street Lighting. The required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat approval. Response: The SILD will be submitted and created prior to the final adoption of the Plat. 6. BMC 38.410.060 – Easements. 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 to construction and/or final plat approval, whichever is sooner. The Applicant may contact the review engineer to receive standard templates. Required Easements: 10-foot wide Public Utility Easements; 20-foot-wide Trail Easement along South 19th Avenue; 10-foot-wide Public Street and Utility Easement along South 19th Avenue; 60-foot-wide Public Street and Utility Easement; 30-foot-wide Water and Sewer Pipeline Access Easement; and the 30-foot-wide Storm Drainage Easement. All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are to be located within dedicated street rights-of-way (ROW). Response: All easements will be submitted on the standard template with the final plat application. It is likely that these will be recorded at the same time as the final plat. Any blank references on the final plat will be hand written in after the recordation of the easements. 7. BMC 38.400.110. Pedestrian Circulation. Sidewalks shall be provided along all park and open space lots as part of the subdivision infrastructure. Response: This information was included in the infrastructure review package which is likely to gain approval in the next month or so. These sidewalks will be installed as a part of the subdivision infrastructure. 8. BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits. 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.). Any required permits must be obtained by the Applicant and provided to the Community Development Department prior to construction and/or final plat approval, whichever is sooner. A permission form from the Middle Creek Ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. A 404 application is currently under review and an approved application will be submitted with our Final Plat application. Our Environmental Engineer has been coordination with the ACOE. Documentation of this determination will be submitted with the Final Plat Application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. 9. Sec. 410.060.D.1 Agricultural Water User Easements. Prior to final plat approval, the Applicant must establish an agricultural water user facility easement for the Middle Creek Ditch traversing the western boundary of the Site as well as one for the existing ditch laterals traversing the southern and eastern boundaries of the Site or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for removal of these former ditch laterals from the Site. The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts. The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation, and to recognize beneficial uses. The determination by the GSD that Middle Creek Ditch requires a 310 Permit does not mean the waterway is deemed a “watercourse” per the definition of the BMC and, therefore, requiring a 50-foot watercourse setback. Section 38.700.210 definition of watercourse specifically excludes “any facility created exclusively for the conveyance of irrigation water or stormwater.” The proposed development will “cross” the ditch in two locations to extend Southbridge Drive and Brookdale Drive within the Site westward to S. 19th Avenue. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Those impacts to the ditch would be addressed in the 310 Permit application. The location of the realignment, the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the subdivision and in the site plan for any lot abutting S. 19th Avenue. The Applicant must provide with the infrastructure plan written permission from the Middle Creek Ditch Company and applicable downstream water user(s) granting permission to modify/realign the ditch. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. A 20-foot-wide ditch maintenance easement was established per the filing of the Yellowstone Theological Institute Minor Subdivision No. 494 and shall be shown on the final plat for the South Range Crossing Subdivision. 10. BMC 38.360.280. - Agricultural Water User Facilities: a. The Applicant must provide written notice to all applicable water users and/or agricultural water facility authorized representatives of the proposed development per BMC 38.360.280.B.1; b. The Applicant must provide with the final plat application written permission from the Middle Creek Ditch Company and applicable downstream water user(s) authorizing the modification/realignment of the ditch; c. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Impacts to the ditch would be addressed in the 310 Permit application and the location of the realignment, the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the subdivision; d. Mitigation of impacts to the existing ditches including the proposed culverts, must be coordinated with easement holders and shall consider comments received from affected water users of the existing ditches. The developer’s professional engineer must certify, prior to final master site plan approval, that the water entering and exiting the piped ditches are the same quality and amount of water that entered or exited the facility prior to adjustment; e. For the existing ditch lateral traversing the south side of the subject property. Prior to final site plan approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property; and f. BMC 38.410.060.D.4. - Stormwater discharges to an agricultural water user facility. Stormwater from the development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements must be provided prior to final MSP approval. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. A 20-foot-wide ditch maintenance easement was established per the filing of the Yellowstone Theological Institute Minor Subdivision No. 494 and shall be shown on the final plat for the South Range Crossing Subdivision. Additionally, the applicant is meeting has been coordinating with the engineering department (Lance & Griffin) to get this comment resolved. 11. BMC 38.220.070.7.b – Ground water. The Conditions of Approval Sheet shall contain the following, "This is a known area of high groundwater. No crawl spaces or 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 into streets, such as into the curb and gutter where they create a safety hazard for pedestrians and vehicles." Response: This has been added to the Final Plat. 12. BMC 38.220.070.7.b – Stormwater. The Conditions of Approval Sheet shall contain the following, "The maintenance of all stormwater retention facilities outside the public right- of-way is the responsibility of the property owners’ association (POA)." Response: This has been added to the Final Plat. 13. BMC 38.220.070.7.f – Subdivision Plat Conditions of Approval Sheet. The Applicant must list all easements and recorded document numbers on the Conditions of Approval Sheet. Response: This has been added to the Final Plat. Several of the easement numbers are blank at the moment but will be filled in prior to recordation. The draft easements will likely be recorded right before the final plat so those easement numbers will be hand written in prior to final recordation. 14. BMC 38.400.040.A.2 – Streets. Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The Applicant must submit written approval from both entities with the final plat application. Response: Documentation approving the roads will be submitted with the final plat. 15. BMC 38.240.180. PARKS Master Plan a. The Final Plat application must include a revised Parks Master Plan that positively addresses the comments made by the Parks Department on the March 2023 draft Plan. b. A preconstruction meeting with the Parks Division is required prior to any site work within the park area. Applicants must provide final park plans with all parkland Improvements proposed and schedule a preconstruction meeting at least 30 days prior to planned commencement of parkland construction. c. BMC 38.240.180.A.3 Applicant to provide deeds for parkland at time of Final Plat. d. BMC 38.240.180.A.3.e.(1) & BMC 38.240.450. Public park improvements must be included in the certificate of public improvements at final plat. e. Private utilities are not allowed within parkland. f. If well/irrigation improvements are accepted by Parks Dept prior to final plat approval by City commission, then follow these steps: 1) Complete 602 Form Notice of completion of exempt groundwater development. Form is completed by developer, then reviewed by City for completeness/accuracy, and 2) File final plat and warranty deed transferring fee title to parkland. If well/irrigation improvements are financially guaranteed under an IA prior to final plat approval by City commission, then follow these steps: 1) File final plat and warranty deed transferring fee title to parkland. 2) Complete well/irrigation improvements. Prior to release of financial security and closeout of IA, developer to complete 602 Form for review by City. g. Resolution 4784 - Move berm 5'-8' away from sidewalks to avoid overspray from irrigation nozzles onto hardscape. Response: The final Parks Master Plan will be submitted with the Final Plat application. The Park infrastructure drawings have been submitted and address all March 2023 comments, including the location of the berms. On 8/25/23 Ross Knapper at the Parks department directed that these drawings are sufficient to move forward on the Final Plat application. Prior to construction a Pre-Con meeting will be scheduled with the Parks Department. Deeds will be provided with the Final Plat application. The parks are included in the certificate of public improvements and will be included in any financial guarantee. Private utilities are not proposed within the parks. The park areas will be irrigated off an exempt water right. The determination from DNRC was included in the Preliminary Plat application. The 602 Form will be submitted after completion. 16. BMC 38.550.E Street Frontage Landscaping and 38.570.030 Streetlights Required. The final plat submittal must have a code-complying landscape plan showing all landscaping for boulevards and other public spaces and per 38.570.030, must provide streetlights meeting the standards of the City of Bozeman Design Standards and Specification Policy. Response: Updated landscaping plans were included in the infrastructure package, which is under review and awaiting final approval. MASTER SITE PLAN CONDITIONS OF APPROVAL 1. 1. Payback Districts. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer Payback District boundaries. If the subject property did not participate in the original cost of construction of improvements, the subject property will be assessed a payback charge prior to final Master Site Plan (MSP) approval. Reference documents: https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181719& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437& Response: The Payback district fees will be paid prior to the Final Plat submittal. A receipt will be summitted with that application. The required amounts are: Signal - $96,661, Water - $68,000, Sewer – Approximately $70,000. CODE PROVISION REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Response: Understood. 2. BMC 38.400.010, Streets and 38.400.110, Fire and Emergency Services Access. a. According to the City's Transportation Master Plan (TMP), South 19th Avenue must be widened to a principal arterial standard (including lighting) along the western edge of the subject property; b. A 10-foot shared use path must also be constructed along South 19th Avenue adjacent to the subject property according to the PROST Plan and TMP; and c. South 15th Avenue must be extended northward to West Graf Street prior to development of Block 2, Lot 3; and d. There must be no parking on the alleys serving both townhouse lots and the lots with detached houses in order to assure access for garbage trucks, fire engines and other emergency service vehicles. Response: Items A-C have been included in the infrastructure submittal, which is anticipated to be approved mid September. Approval of these plans documenting compliance will be satisfied prior to the final plat submittal. Item D has been included in the final CCRs. A striping and signage plan was submitted with the infrastructure package which is under review. Additional signing and striping information will be included in each site plan submittal for alleys in critical areas. 3. BMC38.410.130, Water Adequacy. The proposed development must satisfy the City’s water adequacy code requirement prior to final MSP approval. If sufficient water rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu of water rights (CILWR) payment will be required. If the developer owns water rights or shares in an irrigation company (i.e., Middle Creek User Association), please contact Brian Heaston (bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation of the rights. For the CILWR fee determination please contact Griffin Nielsen (gnielsen@BOZEMAN.NET ) in the Engineering Department. CILWR fees for all multi-family, rowhouse, and commercial lots will be deferred until future development. A note will be included on the final MSP providing notice of the future development requirement and will list each lot that has been deferred. The CILWR fee will be required for all townhome lots. The pre-determination from the DNRC, demonstrating that the proposed use of groundwater wells to supply the irrigation demand to parks open space may be permitted under Montana’s exempt appropriation prior to the finalization of the CILWR fee determination. If allowed the water rights must be transferred to the correct owner (City of Bozeman for Park and the POA for the Open Space). After the irrigation systems are installed and put to use prior to filing the 602 forms with the DNRC the City must review the verify the information on the form and the correct ownership is listed. Please see the Parks Department comments for additional details. The property deeds will correctly note the transfer of the water rights. Response: CILWR will be paid with each individual site plan application. All of the parkland and open space will be irrigated off and exempt water right. The determination from DNRC was included in the Preliminary Plat application. The 602 Form will be submitted with the final plat application. Our research shows that this property does not own any shares in the Middle Creek Ditch. 4. BMC 38.270.030.D.2 – Concurrent Construction Improvements Agreement. a. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount will be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance allowed/required by the Improvements Agreement. b. BMC 38.270.030.D.4 – Infrastructure Improvements. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the City Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. c. BMC 38.270.030.D.6 – Liability Insurance. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be canceled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. d. BMC 38.270.030.D.11 – Indemnification. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. e. BMC 38.240.450.A – Completion of Public Improvements Statement. Where improvements are to be installed prior to final MSP approval, the final MSP must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. 5. BMC 38.400.070 - Street Lighting. The required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final MSP approval. Response: The SILD will be submitted and created prior to the final adoption of the Plat. 6. BMC 38.410.060 – Easements. 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 to construction and/or final MSP approval, whichever is sooner. The Applicant may contact the review engineer to receive standard templates. Required Easements: 10-foot-wide Public Utility Easements; 20-foot-wide Trail Easement along South 19th Avenue; 10-foot-wide Public Street and Utility Easement along South 19th Avenue; 60-foot-wide Public Street and Utility Easement; 30-foot-wide Water and Sewer Pipeline Access Easement; and the 30-foot-wide Storm Drainage Easement. All easements, existing and proposed, must be accurately depicted and addressed on the final MSP application. Public utilities are to be located within dedicated street rights-of-way (ROW). Response: All easements will be submitted on the standard template with the final plat application. It is likely that these will be recorded at the same time as the final plat. Any blank references on the final plat will be hand written in after the recordation of the easements. 7. BMC 38.400.110. Pedestrian Circulation. Sidewalks must be provided along all park and open space lots in the first phase of development of the Site. Response: This information was included in the infrastructure review package which is likely to gain approval in the next month or so. These sidewalks will be installed as a part of the subdivision infrastructure. 8. BMC 38.220.020.A, Streambed, Streambank, and/or Wetlands Permits. 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.). Any required permits must be obtained by the Applicant and provided to the Community Development Department prior to construction and/or final MSP approval, whichever is sooner. A permission form from the Middle Creek Ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. A 404 application is currently under review and an approved application will be submitted with our Final Plat application. Our Environmental Engineer has been coordination with the ACOE. Documentation of this determination will be submitted with the Final Plat Application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. 9. BMC 410.060.D.1, Agricultural Water User Easements. Prior to final MSP approval, the Applicant must establish an agricultural water user facility easement for the Middle Creek Ditch traversing the western boundary of the Site as well as one for the existing ditch laterals traversing the southern and eastern boundaries of the Site or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for removal of these former ditch laterals from the Site. The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts. The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation, and to recognize beneficial uses. The determination by the conservation district that Middle Creek Ditch requires a 310 Permit does not mean the waterway is deemed a “watercourse” per the definition of the BMC and, therefore, requiring a 50-foot watercourse setback. Section 38.700.210 definition of watercourse specifically excludes “any facility created exclusively for the conveyance of irrigation water or stormwater.” The proposed development will “cross” the ditch in two locations to extend Southbridge Drive and Brookdale Drive within the Site westward to S. 19th Avenue. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Those impacts to the ditch would be addressed in the 310 Permit application. The location of the realignment and the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the MSP and in the site plan for any lot abutting S. 19th Avenue. The Applicant must provide with the infrastructure plan written permission from the Middle Creek Ditch Company and applicable downstream water user(s) granting permission to modify/realign the ditch. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. An agricultural water easement will be recorded with the final plat. 10. BMC 38.360.280. - Agricultural Water User Facilities: a. The Applicant must provide written notice to all applicable water users and/or agricultural water facility authorized representatives of the proposed development per BMC 38.360.280.B.1; b. The Applicant must provide with the final MSP application written permission from the Middle Creek Ditch Company and applicable downstream water user(s) authorizing the modification/realignment of the ditch; c. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Impacts to the ditch would be addressed in the 310 Permit application and the location of the realignment, the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the subdivision; d. Mitigation of impacts to the existing ditches including the proposed culverts, must be coordinated with easement holders and shall consider comments received from affected water users of the existing ditches. The developer’s professional engineer must certify, prior to final master site plan approval, that the water entering and exiting the piped ditches are the same quality and amount of water that entered or exited the facility prior to adjustment; and e. For the existing ditch lateral traversing the south side of the subject property. Prior to final site plan approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. An Agreement with the Middle Creek Ditch Company will also be submitted with the Final Plat Application. The Agreement is just awaiting final signatures. A 20-foot-wide ditch maintenance easement was established per the filing of the Yellowstone Theological Institute Minor Subdivision No. 494 and shall be shown on the final plat for the South Range Crossing Subdivision. Additionally, the applicant is meeting has been coordinating with the engineering department (Lance & Griffin) to get this comment resolved. 11. Irrigation Facilities BMC 38.410.060.D.4. - Stormwater discharges to an agricultural water user facility. Stormwater from the development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements must be provided prior to final MSP approval. Response: A 310 permit has been obtained and will be submitted with the Final Plat application. An Agreement with the Middle Creek Ditch Company will also be submitted with the final MSP Resubmittal. Overflow paths for large storms exceeding the City of Bozeman design storm are provided as a safety measure to prevent inundation of structures, but are not expected frequently. 12. PARKS Master Plan a. Prior to final MSP approval, the Applicant must submit a revised Parks Master Plan that positively addresses the comments made by the Parks Department on the March 2023 draft Plan; b. A preconstruction meeting with the Parks Division is required prior to any site work within the park area. Applicants must provide final park plans with all parkland improvements proposed and schedule a preconstruction meeting at least 30 days prior to planned commencement of parkland construction; c. BMC 38.240.180.A.3 Applicant to provide deeds for parkland prior to final MSP approval; d. BMC 38.240.180.A.3.e.(1) & BMC 38.240.450. Public park improvements must be included in the certificate of public improvements prior to final MSP approval; e. Private utilities are not allowed within parkland; f. If well/irrigation improvements are accepted by Parks Dept prior to final MSP approval, then the Applicant must follow these steps: 1) Complete 602 Form Notice of completion of exempt groundwater development. Form 602 is completed by developer, then reviewed by City for completeness/accuracy, and 2) File warranty deed transferring fee title to parkland. If well/irrigation improvements are financially guaranteed under an IA prior to final MSP approval, then follow these steps: 1) File warranty deed transferring fee title to parkland. 2) Complete well/irrigation improvements. Prior to release of financial security and closeout of IA, developer to complete 602 Form for review by City. g. Resolution 4784 - Move berm 5'-8' away from sidewalks to avoid overspray from irrigation nozzles onto hardscape. Response: The final Parks Master Plan will be submitted with the Final Plat application. The Park infrastructure drawings have been submitted and address all March 2023 comments, including the location of the berms. On 8/25/23 Ross Knapper at the Parks department directed that these drawings are sufficient to move forward on the Final Plat application. Prior to construction a Pre-Con meeting will be scheduled with the Parks Department. Deeds will be provided with the Final Plat application. The parks are included in the certificate of public improvements and will be included in any financial guarantee. Private utilities are not proposed within the parks. The park areas will be irrigated off an exempt water right. The determination from DNRC was included in the Preliminary Plat application. The 602 Form will be submitted after completion.