HomeMy WebLinkAbout005 Final Plat Written Narrative
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Final Plat Written Narrative
Nexus Point Major Subdivision
May 19th, 2023
Response to Findings of Fact and Order for the Nexus Point Major Subdivision Preliminary
Plat; Application No. 22246 dated 01.11.23
Response to comments are in blue below.
SECTION 3 – RECOMMENDED CONDITION OF APPROVAL
Please note that this condition is in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended condition of Approval:
1. Parkland Requirements.
(a) A preconstruction meeting with the Park Division is required prior to any site
work. Applications to provide most recent park plans and request meeting at least
30 days prior to commencement of parkland construction;
(b) All park wells, irrigation infrastructure, and water rights would be transferred to
and owned by the City of Bozeman;
(c) 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; and
(d) Private utilities are not allowed within parkland.
Response: The park was previously installed before the Park Division required
preconstruction meetings. All park wells, irrigation infrastructure, and water
rights will be transferred to and owned by the City of Bozeman. Trails within
open space will include agreement to utilize city-wide wayfindings and allow
parks staff to install and/or repair wayfinding. Non-park related public
utilities will be allowed within the defined Public Utility Easements (PUE).
2. The subject property is located within the Meadow Creek Subdivision Signal, Meadow
Creek Subdivision Water, and Meadow Creek Subdivision Sewer payback district
boundary. If the subject property did not participate in the original cost of construction
of improvements 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. If the subject property has paid the payback cost please provide
documentation.
Response: Included in the submittal is the correspondence with Marcy Yeykal. This
information has been forwarded to the developer. See document 014 Payback
District Correspondence.
3. 38.410.060.D. East Catron Creek conveys irrigation water in addition to spring feed
components, as such, BMC 38.410.060.D applies. Prior to final plat approval, the
developer must establish an agricultural water users facility easement pursuant to Sec.
38.410.060.D.1 for the portion East Catron Creek crossing the subject property.
Response: Agricultural water users facility easement is included in this submittal. See
document 010 Agricultural Water Users Facility Easement.
4. The Final Plat submittal shall provide draft bylaws, covenants, conditions and
restrictions. (CC&R) documents for City review and approval. The documents shall
describe how a property owners’ association (POA) will maintain the common open
space lots and other areas of the subdivision.
Response: Included in the submittal is the draft bylaws, covenants, conditions and
restrictions. See document 009 Covenants.
SECTION 4 – CODE PROVISIONS
1. Sec 38.100.080. - Compliance with regulations required. The final plat must comply
with the State statue, the Administration Rules of Montana, and the Bozeman
Municipal Code.
Response: Acknowledged.
2. Sec. 38.100.080. The Applicant is advised that unmet code provision, 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: Acknowledged.
3. Sec. 38.220.040.B.4. The Applicant has not provided information regarding the
stormwater pond at the NW corner of the site (Block 3, Lot 2). Both the surface water
and stormwater supplements need to identify and provide design and maintenance
details on this feature. A public drainage easement must be provided for the pond prior
to final plat approval and the POA/HOA needs to maintain the facility. Prior to final
plat approval, the Applicant shall provide an exhibit with the stormwater maintenance
plan identifying all the stormwater features that the HOA/POA needs to maintain and
have that included in the POA/HOA CCRs. The Applicant shall provide documents to
maintain open space and stormwater features withing subdivision.
Response: Included in the submittal is the public drainage easement exhibit, (City to
provide standard easement template to include with exhibit), stormwater
maintenance agreement and the previous stormwater report that includes the
drainage exhibit. See document 015 Easement Exhibit Drainage, document
007 stormwater maintenance plan, document 008 stormwater report (see page
53 of report for drainage exhibit).
4. Sec.38.270.030. The Applicant is advised that all common subdivision infrastructure
including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be
complete and accepted before final plat approval.
Response: Acknowledged. All infrastructure improvements for the subdivision including
roads, water, sanitary sewer, stormwater and lighting located within the ROW
have been installed. Sidewalk to be installed with the development of each lot.
END OF NARRATIVE