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HomeMy WebLinkAbout001- Prelim Plat Mod NarrativeFerguson Farm II Preliminary Plat – MOD April 2024 Table of Contents Narrative 1. Preliminary Plat Application Information, Forms & Checklists 2. Team 3. Project overview 4. Conformance with Growth Policy 5. Compliance with Supplemental Standards 6. Response to conditions of approval Appendices Appendix A.1 - Vicinity Map Appendix A.2 - Future Land Use map Appendix A.3 - Existing Zoning Appendix A.4 - Buildable Land Area Appendix A.5 - Block Frontage Appendix A.6 - Site Circulation Appendix A.7 – 3D Map Appendix A.8 - Green Plan Appendix A.9 - Phasing Plan Appendix A.10 – 12’ Access Zone Map Appendix B – USGS Vicinity Map Appendix C – Weed Management Plan Appendix D – Preliminary Platting Certificate Appendix E.1– Bylaws, & CCRs Appendix E.2 – Design Regulations Appendix F – Existing Plat 395 Appendix G – Design Reports Appendix H – Soils Report Appendix I – Traffic Impact Study Appendix J – Flood Hazard Evaluation Appendix K – Ditch Correspondence Appendix L.1 – Wetland Delineation Report Appendix L.2 – Surface Water Exhibits Appendix L.3 – Approved 310 Permit Appendix M – CILWR Determination Appendix N.1 – Draft SID Waiver Appendix N.2 – Concurrent Construction Request Appendix O.1 – Ground Water Memo Appendix O.2 – Ground Water Map Appendix Q – MDT Approach Letter Appendix R – Completion of Improvements request Appendix S – Service Provider Letter Appendix T – Sky Bridge Exhibits Appendix U – Easement Maintenance Agreement Appendix V.1 – Preliminary Plat Approval Letter Appendix V.2 – Preliminary Plat Findinds of Fact Appendix W.1 – Preliminary PUD Approval Letter Appendix W.2 – Preliminary PUD Findinds of Fact 1. Project Team Owners & Applicants Boardwalk Properties, Inc. 101 E. Main Street, Suite D Bozeman, Montana 59715 406.586.3132 (office) 406.586.8692 (fax) 406.539.7374 (cell) delaney@delaneynco.com Combs Capital LC 1095 Cougar Drive Bozeman, MT 59718 Consultant Team Engineer & Project Manager Landscape Architect Caddis Engineering Cashman Nursery and Landscaping (Attn: Matt Cotterman) 2055 Springhill Road 226 Timberline Drive Bozeman, MT 59718 Bozeman, MT 59718 p: 406.587.3406 p: 406.581.4097 Design3@cashmannursery.com Drew. mcotterman@caddiseng.com Architect Lighting Bitnar Architects Northern Rockies Agency 1807 W. Dickerson Street 246 Timberline Drive Bozeman, Montana 59715 Bozeman, MT 59718 p: 406.587.1983 p: 406.587.0513 thomas.bitnar@bitnararchitects.com william@nrarep.com Land Use Planner Intrinsik Architecture, Inc. 106 East Babcock, Suite 1A Bozeman, Montana 59715 p: 406.582.8988 tsteinway@intrinsikarchitecture.com 2. Project Overview Executive Summary The project team is submitting a new subdivision Preliminary Plat Application for Ferguson Farm II. This application proposes to modify the approved Preliminary Plat (19-027) Application to allow the existing Maynard Border Ditch to remain in its current location. This change proposes to increase the overall open space and reconfigure the western portion of the site, which results in the same number of developable lots. Additionally, due to the large nature of this project and the rapidly changing construction industry the phasing has been amended to allow for smaller phases. This application does not change any of the approved relaxation (19-028) or anything east of Ravalli Street. Project Overview The Ferguson Farm II Preliminary Plat consists of approximately 31 acres that are currently zoned Urban Mixed Use (UMU) and designated Community Commercial Mixed-Use in the City’s Future Land Use Map. The relatively flat vacant land was historically used for hay and has remained vacant since the farm was purchased. The property itself is a planned extension of the existing Ferguson Farm I. Ferguson Farm II is located on Lot 5, Minor Subdivision No. 295 (Appendix F), will consist of 62 building pad sites providing Bozeman residents with new commercial, office, and hotel space. The property is located on the west side of the City, on the northwest corner of the signalized intersection of Huffine Lane and Ferguson Avenue. The project site is bound to the south by Huffine Lane, to the east by Ferguson Avenue, to the west by Resort Drive, and to the north by Fallon Street. The adjacent local streets were installed with the original platting of Spring Creek Village Minor Subdivision. Huffine Lane is improved to a five lane arterial highway, while Ferguson Avenue is a collector. Resort Drive and Fallon Street are both designated as local streets. Currently, the site is accessed from Fallon Street at the Resort Drive intersection and the two curb cuts east of the Maynard Border Ditch. Although curb and gutter has already been installed along Fallon Street and Resort Drive, the sidewalks that will be installed with the subdivision infrastructure will connect to the existing trails along Ferguson Avenue and Huffine Lane. The Maynard Border Ditch flows through the western portion of the property. There is an existing 15-foot ditch easement on the west side of Maynard Border ditch and five (5) feet on the east side. The vegetation bordering the ditch is mostly cottonwood, willow, and wild rose. The Approved Preliminary Plat application (19-027) proposed to relocate this ditch but since that approval and further study the intention of the developer is to leave the ditch in its current location. This change results in more open space for the neighborhood and allows the possibility for existing vegetation to remain. Prior to construction the health of these trees will be further studied to determine if they are able to safely remain. No floodplains or watercourse setbacks are present at this site. A flood study has been included in this submittal as has been requested by the City of Bozeman (See Appendix J). While the location of a few buildings on the western side are changing, as a result of the ditch location, the buildings heights are proposed to remain the same, ranging between three-stories (55’) and six-stories (87’). Additional information related to proposed building heights has been included in the 3-D Map (Appendix A.8) and the relaxations requested with the Planned Unit Development. Utilities and community facilities such as gas, electric, telephone, water and sewer were installed on Huffine Lane and Ferguson Avenue with the original platting of the Spring Creek Village Minor Subdivision. The onsite utilities will be accessed from their existing locations within the utility easements surrounding the property, with water and sewer to be provided to the subdivision in to be constructed water and sewer mains in Fallon Street and Resort Drive. See Civil plans and the Preliminary Plat for additional details on the proposed utilities necessary to serve this site. The properties within a ½ mile radius of the property have been developed with a mix of residential and commercial uses. The commercial Ferguson Farm I project lies to the west of this site, while a variety of lower intensity commercial uses lie to the north and east of this project site. Ferguson Farm II is envisioned as an extension of Ferguson Farm I, with this project providing extensions of the Field Street and Valley Commons Drive (local streets). Block frontages proposed for this project are shown in Appendix A.6. Additional streets proposed for this project include: Phase 1 • Valley Commons Drive – extending west from intersection with Ferguson (ending at Brookfield Avene) • C-Bar-3 Avenue – connecting from Fallon Street to internal alley • Brookfield Avenue – connecting Fallon Street to Huffine Lane as the only access onto Huffine Lane (north to south) via a right-in/right-out access as supported by MDT. Phase 2 • Valley Commons Drive – extending west from intersection with Brookfield Avenue to Resort Drive • Field Street– connecting Resort Drive to Ravalli Street (east to west) • Ravalli Street– connecting Fallon Street to the alley (north to south) Ravalli Street is also an extension of an existing city street. Valley Commons Drive supports the only east to west connection between Resort Drive and Ferguson Avenue. Brookfield Avenue is the primary north/south street. The street supports the only MDOT approved access to the subdivision from Huffine Lane. Brookfield Avenue dead ends at Fallon Street. Field Street provides a short east to west connection between Resort Drive and Ravalli Street. Ravalli Street is an east/west street from Ferguson Avenue but extends from Cottonwood Condos to become a north/south connection within Ferguson Farm II. C-Bar-3 Avenue will provide a short north to south connection to Fallon Street, aligning with the existing Ridge PUD driveway to the north. C-Bar-3 Avenue and Ravalli Street both terminate in Ferguson Farm II, as the MDOT has restricted access to the state highway. The Brookfield Avenue and Huffine Lane intersection has been designed as an 85-foot right of way with a landscaped median. Internal streets are designed as local streets with additional right of way to accommodate the angled on-street parking. An exception to street design standards was granted through a separate PUD application, to allow back-in angled parking throughout the site. Additionally, the internal alley turn into parking lots on the west side of the property. A public access and drainage easement has been added to allow access across each of the lots. The traffic impact study indicates this type of angled parking will provide additional traffic calming. The traffic impact study further identifies successful examples of back-in angled parking in the right of way. All internal, local street intersections have been designed with traffic circles in lieu of four-way stops to facilitate traffic circulation within the subdivision. The traffic circles will encourage traffic calming and reduce traffic speed at these intersections. Parking will be provided through a mix of back-in angled parking and on street parking in the alleys. The majority of the site layout remains unchanged. The only change with regards to parking is along the western side of the site an alley (with back-in angled parking) was removed. This resulted in a double loaded parking lot along the western side of the site. No parking other than the proposed onsite garage parking is to be allocated to any individual owner. Bike parking will be provided both dispersed throughout the site as a component of the streetscape improvements and in covered centralized locations. Bike parking is to be owned and maintained by the HOA. The Approved PUD-P (19-027) application granted a relaxation to eliminate all parking requirements from the Ferguson Farm II project. That being said, There are 338 parking spaces in Phase 1 and 375 parking spaces in Phase 2: for a total of 713 parking spaces in the finished development. Open space for this project has been designated to meet both the onsite commercial requirements and the PUD Performance Points necessary for permitting. The open space dramatically increased in size when the western side of the site was redesigned to accommodate the ditch staying in its current location. Ferguson Farm II is required to provide 27,031 SF of open space to meet the required Commercial Open Space requirements. In total the approved Preliminary Plat proposed 251,397 SF of open space (224,365 SF counting towards PUD Points). When the design of the ditch area changed the provided open space areas drastically increased to 321,574 SF. Open Space lot 15 was excluded from these calculations as it doesn’t provide any amenities to the neighborhood. Please see the open space calculations below documenting the net increase in areas, as well as the attached Landscape Plan section of this application. Open Space Lot Public or Private Approved Net Area (SF) Proposed Net Area (SF) Planned Use Amenities 1 Public 42,623 42,623 Shared Path and Landscaped Seating Area Shared Use Path, Bench Seating 2 Public 19,679 19,679 Food Truck Court & Picnic Area Picnic Tables Lawn Seating 3 Public 40,326 51,315 Shared Path and Landscaped Seating Area Seating, Shade Trees 4 Private 16,306 38,982 Skybridge Trail Corridor/Event Center Seating, Shade Trees 5 Public 26,989 Combined into Lot 6 Skybridge Trail Corridor/Event Center Event Space, Seating 6 Private 11,027 57,905 Skybridge Trail Corridor/Event Center Seating, Shade Trees 7 Private 10,246 25,598 Skybridge Trail Corridor/Event Center Seating, Shade Trees 8 Public 26,222 26,222 Landscaped Seating Area Seating, Shade Trees, Dog Walk Area 9 Public 5,314 5,314 Landscaped Seating Area Seating, Shade Trees 10 Public 20,903 20,903 Landscaped Seating Area Seating, Shade Trees 11 Public 13,667 13,667 Landscaped Seating Area Seating, Shade Trees 12 Public 1,829 1,829 Landscaped Seating Area Seating, Shade Trees 13 Public 1,929 1,929 Landscaped Seating Area Seating, Shade Trees 14 Public 14,336 15,608 Shared Path and Landscaped Seating Area Shared Use Path 15 Public 0 12,511 Parking and Stormwater (Not used for open space calculations) (Not used for open space calculations) Total Area 251,397 321,574 (334,085 with lot 15 included) Ferguson Farm II was originally platted with all the infrastructure in one phase. This was an effort to make a complex PUD Application simpler to review. Since that time the construction industry and the economy has changed making the financing/bonding more difficult. This amended Preliminary Plat application proposes 2 phases to allow for more salable lots earlier in the project. This will allow for easier financing and better construction sequencing. The first phase proposes all the public improvements east of Brookfield Avenue. Phase 2 would then be everything west of, and including, Brookfield Avenue. Please see Appendix A.9 for more information on the proposed phasing. Additionally, please see the Preliminary Plat for the Phasing. 3. Conformance with Growth Policy Community Plan Alignment Theme 2 - A City of Unique Neighborhoods Goal N-1: Support well-planned, walkable neighborhoods N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.7 Review and where appropriate, revise block and lot design standards, including orientation for solar power generation throughout city neighborhoods. N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths N-1.9 Ensure multimodal connections between adjacent developments N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. N-4.4 Ensure an adequate supply of offleash facilities to meet the demand of Bozeman dog owners. Ferguson Farm II is envisioned as a well-planned and walkable commercial neighborhood. From the skybridge and the Maynard Border Ditch to the food court pod to the off leash dog area, the site has been designed to have numerous neighborhood focal points and activity areas. Multimodal connections are shown within and through the site. Lots have been designed to be oriented to the prevailing solar path. The project will contribute to the sense of the place in this area of the community. Theme 3 - A City Bolstered by Downtown and Complimentary Districts Goal DCD-1: Support urban development within the City. DCD-1.2 Remove regulatory barriers to infill. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion. DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. The project is an infill project located within the current City limits. The PUD and the associated relaxations address the regulatory challenges that are likely as a result of this project, such as required parking and allowable building height. The project includes significant open space to compliment the project’s commercial design. The site is envisioned as a center for employment and activity, and a variety of transit options are proposed to connect this site to the existing transit system including bus and trail connections. Parking requirements for the project are proposed in a similar fashion to that allowed in the Midtown Urban Renewal District (see Approved Relaxations for additional details). Theme 4 - A City Influenced by our Natural Environment, Parks, and Open Lands Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. The Ferguson Farm II project has been designed to protect the integrity of the Maynard Border ditch that flows through the western side of the site. Since the approval of the preliminary plat signification time and effort has been placed in the existing ditch and ways to respond to this natural feature. The ultimate decision, that was most responsive to the natural environment, was to leave the ditch in the current location, which results in the need for this application. Trails have been proposed adjacent to the ditch, as shown on the proposed Landscaping plans. Theme 5 - A City That Prioritizes Accessibility and Mobility Choices Goal M-1: Ensure multimodal accessibility. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, powered wheelchairs, etc.). M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/scooter share, transit service, bike, and pedestrian connections). M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. M-1.11 Prioritize and construct key sidewalk connections and enhancements. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. Goal M-2: Ensure multimodal safety. M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. The project provides multimodal access to and through the site. The site is adjacent to the existing Streamline Purple line, and future route modifications are likely to include direct service within this project site. Key pedestrian and multimodal connections are proposed, with covered bike parking shown adjacent to key site amenities. Wayfinding signage is also shown for this site to assist with navigation and safe site connections across the large site area. Parking is proposed in a similar manner as within the Midtown Urban Renewal District. Please see Approved Relaxations (19-028) for additional details on this proposal. Theme 6 - A City Powered By Its Creative, Innovative, and Entrepreneurial Economy Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. Goal EE-2: Survey and revise land use planning and regulations to promote and support economic diversification efforts. The project will create approximately 850,000 square feet of commercial space, contributing to Bozeman’s continued goal of being an economic center. Relaxations were approved with application (19-028) to help meet this goal. 4. Compliance with Supplemental Standards 1. Surface water. a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including: (1) Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks. (2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs, irrigation or drainage systems. b. Description. (1) Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. (2) Describe proximity of proposed construction (such as buildings, sewer systems, streets) to surface waters. c. Water body alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with article 6 of this chapter, as appropriate. d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter, then a delineation of the wetland must be shown on the preliminary and final plats. e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for the project. The Maynard Ditch flows in a northerly direction approximately 225 feet east of the western border of the property. The Maynard Ditch will be maintained along its current alignment with this development plan. Open channel box culverts will be constructed at 3 of the 4 proposed roadway and utility crossing locations. Pedestrian bridges will be constructed at the 4 sidewalk crossing locations. A 36”x58-1/2” RCP culvert is proposed at the Alley 1 crossing. The applicant has obtained 404 and 310 permits. A copy of the Aquatic Resource Delineation Summary is attached in Appendix L.1. There is an existing stormwater pond in the northwest corner of the site that will be replaced with a stormwater retention pond. All required permits for the ditch crossings will be obtained prior to the start of construction. 2. Floodplains A floodplain analysis report must be submitted with the preliminary plat in compliance with Article 6 of this chapter. There are no designated floodplains on or immediately adjacent to this site (FEMA FIRM Panel 300028). The Maynard Ditch flows approximately 225 feet east of the western border of the property. This Ditch is a controlled irrigation conveyance facility and does not have an associated floodplain. A flood hazard analysis has been included in this submittal as Appendix J. 3. Groundwater. a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table must be determined from tests taken during the period of major concern as specified in writing by the county environmental health department. Specific locations for test holes may also be determined by the county environmental health department. b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. According to the well data logs for wells within the vicinity of the project, the static groundwater level is reported at 6 feet below ground surface (bgs). Groundwater degradation will be minimized through a series of underground infiltration chambers. These chambers will capture runoff from the parking areas and other hardscape features within the subdivision. Stormwater will then infiltrate and recharge the groundwater within the area. Additionally, C&H Engineering and Surveying, Inc. has placed 21 test pits on site and have monitored the Seasonal High Groundwater Level (SHGWL) during the peak months. No groundwater was observed less than 4.5’ bgs. The groundwater monitoring data collected to date is included in Appendix O of this submittal. 4. Geology; soils; slopes. a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity. b. Protective measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards referred to in subsection A.4.a of this section. c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlargement of these maps could cause misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on-site investigation. The developer must provide the following soil reports, which can be obtained from the NRCS: (1) The physical properties and engineering indexes for each soil type; (2) Soil limitations for building and site development, and water features for each soil type; (3) Hydric soils report for each soil type. If hydric soils are present, the developer must provide a wetlands investigation by a certified consultant, using the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands; and (4) The developer must provide any special design methods planned to overcome the above limitations. e. Cuts and fills. Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. The site is generally flat, sloping 1 to 2% to the north and northwest. No unusual or hazardous geological features are present on the subdivision site. No cut or fill greater than 3 feet is anticipated. A NRCS Soil Survey Map and soil descriptions are included in this submittal. The soils present are loamy soils characterized by poor-draining to well-draining soils generally found in irrigated farmland. No hydric soils are present or evidence of soils typically associated with wetlands. A SWPPP will be prepared for this project prior to the start of construction. There will be no cuts or fills greater than 3 feet with this project. The soil series are as follows: Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 448A Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes 17.5 19.3% 457A Turner loam, moderately wet, 0 to 2 percent slopes 54.8 60.7% 510B Meadowcreek loam, 0 to 4 percent slopes 15.1 16.7% 542A Blossberg loam, 0 to 2 percent slopes 3.0 3.3% Totals for Area of Interest 90.4 100.0% 5. Vegetation. a. Vegetation map. On a plat overlay or sketch map: (1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest. (2) Identify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). No critical vegetation species exist on the property. The property is currently vacant land that is occupied by native grasses. The native grasses are occasionally mowed during the growing season for weed control. There are some existing aspen and cottonwood trees in the vicinity of the Maynard Ditch and are shown on the preliminary plat. These trees will be preserved in areas where they can be. A full landscape plan is included with this submittal showing what the vegetation will look like post-development. 6. Wildlife. a. Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife. d. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas. e. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). f. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on fish and wildlife with the state department of fish, wildlife and Parks (FWP). Correspondence with FWP has been included in this submittal (Appendix S – impact letters). No protective measures have been requested by FWP. 7. Historical features. a. Affected areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision. b. Protective measures. Describe any plans to protect such sites or properties. c. Procedures. Describe procedures to be followed if any historic, paleontological, archaeological, cultural sites, structures or object are found on site during site preparation and construction. d. Discussion of impact; documentation. Correspondence with SHPO has been included in this submittal (Appendix S – impact letters). No protective measures have been requested by SHPO. 8. Agriculture. a. Number of acres in production and type of production. b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. c. The productivity of the land. d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. e. What measures will be taken, if any, to control family pets. f. Fencing of agricultural land. Describe any existing fence lines around the subdivision boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the continued maintenance of the fence. The land is not currently used for agriculture, and is not a viable farm unit, therefore this item is not applicable to this submittal. 9. Agricultural water user facilities. a. Type, description, ownership and users of facilities. b. Written documentation demonstrating active use of facilities, for example the delivery of non- potable water supplies for irrigation, conversion to stormwater facilities, or other use. If a facility is not being actively used, include a written plan for discontinuance including all documentation required pursuant to Montana Law. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana law. d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility. The existing Maynard Ditch is an irrigation water conveyance feature. A 20-ft ditch maintenance easement exists for the ditch and will be maintained as part of this development. The ditch will remain as an open channel through the property and will be conveyed through culverts and bridges underneath the proposed streets and trails. The ditch company was contacted regarding this development. The ditch company was contacted regarding this development - please refer to the correspondence with the ditch company included in Appendix K of this submittal. 10. Water and sewer. Provide an engineering design report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision. a. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc. Water Supply Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. The proposed water mains will connect to existing water mains in Resort Drive, Fallon Street, and Ferguson Avenue. Please see the Sewer, Water and Stormwater Design Report in Appendix G for more information. Water rights or cash-in-lieu thereof, will be transferred with final plat. Sanitary Sewer Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the 8” main in Fallon Street at one location and the 8” main in Resort Drive two locations. From there, sanitary sewage will be conveyed to and treated at the City of Bozeman’s Water Reclamation Facility. Please see the Sewer, Water and Stormwater Design Report in Appendix G for more information. 11. Stormwater management. A stormwater management plan meeting the requirements of section 40.04.700 and the city's adopted stormwater master plan. Stormwater within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm drain piping to retention ponds or underground stormwater retention chambers. Please see the Sewer, Water and Stormwater Design Report in Appendix G for more information. 12. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer must demonstrate that the land to be subdivided has access onto a legal street. b. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with section 38.400.090. c. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. d. Dust. Describe provisions considered for dust control on alleys. e. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion. f. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: (1) The report format must be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications and any mitigation techniques. (2) The report must include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; and (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the city engineer during the pre-application review, concept plan review, or informal project review. (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. g. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort Drive, Ferguson Avenue, and Fallon Street. The proposed roads will match the established (existing) street grid structure and be within dedicated right-of-way’s. Local streets will have the standard 60’ right-of-way except for small portions of Valley Commons Drive and Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four way stops will be installed along Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive. The drive aisle and parking areas surrounding the lots in Blocks 4,5 and 6 will be constructed by the developer prior to development of said lots. The access easements necessary to provide access to these lots will be recorded with the final plat that creates said lots. Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson Farm II Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base course over 18” of 6” minus pit run sub-base course. This section will be checked per the AASHTO Guide for Design of Pavement Structures during the construction design development. Road maintenance for all streets will be provided by the Property Owner’s Association after the improvements have been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality Bureau. ATS performed a trip generation analysis to determine the anticipated future traffic volumes from the development using the trip generation rates contained in Trip Generation (Institute of Transportation Engineers, Tenth Edition). These rates are the national standard and are based on the most current information available to planners. A vehicle “trip” is defined as any trip that either begins or ends at the development site. ATS determined that the critical traffic impacts on the intersections and roadways would occur during the weekday morning and evening peak hours. At full development the Ferguson Farm II development would produce 976 AM peak hour trips, 1,337 PM peak hour trips, and 13,066 daily trips. Refer to the Traffic Impact Study included in Appendix I for more detailed information of traffic generation. 13. Utilities. The developer must submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer must provide written documentation of the following: a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses. b. Include a description of: (1) The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided. (2) Estimated timing of each utility installation. (3) The developer must provide a written statement from the utility companies that the proposed subdivision can be provided with service. Letters requesting comments on their ability to service this subdivision have been sent to the following service providers: Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital, Bozeman Public School District, Charter Communications, NorthWestern Energy, CenturyLink, Streamline Transit, and the United States Postal Service. Response letters from all of those who chose to comment are enclosed in Appendix S. Utility easements will be provided in locations convenient for NorthWestern Energy. The applicant has been working with NorthWestern Energy to come up with a desirable layout for the private utilities. This utility layout is shown on page 2 of the preliminary plat. 14. Educational facilities. With the preliminary plat, provide a written statement from the administrator of the appropriate school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. A copy of the letter and the response are enclosed in Appendix S. 15. Land use. a. Indicate the proposed use and number of lots or spaces in each: (1) Residential area, single-household; (2) Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., two or four unit structures); (3) Planned unit development (number of units); (4) Condominium (number of units); (5) Manufactured housing community (number of units); (6) Recreational vehicle park; (7) Commercial or industrial; and (8) Other (please describe). The area encompassed by the Ferguson Farm II project is to be a Planned Unit Development and a commercial neighborhood. A land use map and 3-D map have been included in addition to the plat, and these documents indicate proposed uses and number of lots for each (See Appendix A.4 & Appendix A.8). Buildable land areas are identified within the Buildable Land Areas exhibit. Ferguson Farm II PUD Subdivision is proposed as a 67-lot mixed use subdivision. The subdivision includes 52 lots and 15 Common Open Space lots. Proposed Land Use Square Footage Acres Percent of Total Rights of Ways 306,991 7.05 22.7% Developable Area 710,413 16.30 52.6% Open Space 334,085 7.66 24.7% Total 1,351,499 31.026 100% 16. Parks and recreation facilities. The following information must be provided for all land used to meet parkland dedication requirements: a. Park plan. A park plan, including: (1) Site plan with one-foot contour topographic survey for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan, and phasing proposed if any; (2) Drainage areas; (3) Utilities within, serving, and adjacent to the property; (4) The zoning and ownership for adjacent properties; (5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks and any permits from non-city agencies required to execute the proposed plan; (6) Park landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler heads; (7) General description of land, including size, terrain, details of location and history, water features, and proposed activities; (8) Trail design and construction showing compliance with adopted city standards and trail classifications; (9) The requirement for approval of the final park plan by the review authority with a recommendation from the city recreation and parks advisory board prior to any site work; (10) The requirement for a preconstruction meeting prior to any site work; (11) Appropriate sections from the design guidelines for city parks; (12) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and responsibility for all improvements; (13) If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use; (14) Soils information and analysis; (15) A description of how the proposed park plan is consistent with the goals of the city's long range parks plan; (16) A description of how the proposed park will meet the recreational needs of the residents of the development; (17) The proposed manner of providing irrigation to the park including water source, amount of water expected to be consumed annually, and proposed manner of transfer of water facilities and rights to the city; and (18) A phase I environmental assessment of the area proposed to be transferred to the city or property owner's association. b. Park maintenance. (1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; (2) Weed control plan, including responsible parties; and (3) Plan for garbage collection, snow removal and leaf removal including responsible parties. c. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irrigation, a certified well log must be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. d. Phasing. If improvements will be phased, a phasing plan must be provided including proposed financing methods and responsibilities. e. Cash-in-lieu. If the development includes a proposal for cash-in-lieu of park a specific justification responding to the cash-in-lieu review factors established by resolution of the city commission. If improvements-in-lieu are proposed specific costs of proposed improvements and costs to install must be provided. No parks are required with this subdivision because no residential use is proposed. The applicant does, however, plan on installing improvements within the Open Spaces to allow for green areas catered towards pedestrian use. These open space parcels will be maintained by the Property Owner’s Association. 17. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all subdivisions containing a neighborhood center. Due to the nature of this project as a commercial neighborhood center and the site’s adjacency to the existing commercial neighborhood center at Ferguson Farm I, the applicant is not proposing a residential neighborhood center. The entirety of the Ferguson Farm II project will be a commercial neighborhood center; therefore, a neighborhood center plan has not been included in this submittal. 18. Lighting plan. The following subdivision lighting information must be submitted for all new subdivisions: a. For subdivision applications where lighting is required or proposed, lighting plans must be submitted to the city for review and approval, and must include: (1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-foot illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter. (2) Description of the proposed equipment, including fixture manufacturer's cutsheets, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. (3) The lighting plan must be prepared, and certified for compliance with the city's design requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives. (4) Lighting calculations may include only the illuminated areas; areas occupied by buildings or other nonlighted areas must be excluded from calculations. b. When requested by the city, the applicant must also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the city's character. c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must only be made after city review and approval. No lights are proposed around the perimeter of the subdivision except at the road intersections with Huffine Lane, Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are street lights along the local streets and within the parking lots. The lights are spaced to provide adequate security lighting and provide safe illumination for pedestrians walking after dark. Please refer to the lighting plans included in this submittal. 19. Miscellaneous. a. Public lands. Describe how the subdivision will affect access to any public lands. Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions must be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on- site or off-site land uses creating a nuisance. c. Wildlands-urban interface. Describe the subdivision's location within or proximity to the wildlands-urban interface (WUI) and ember zone designated by the most recent city-adopted hazard mitigation plan. Describe any hazard from the subdivision's proximity to the WUI. List any provisions that will be used to mitigate these hazards and reduce structure ignitability. The subdivision is not adjacent to public lands or within 200 feet of the proposed development, therefore this item is not applicable to this project. No other site-specific hazards have been identified for this project. The property lies outside the mapped wildland-urban interface. Generally, buildings proposed for this site are to be constructed with flame resistant materials, hardening these structures against future wildfire threats. 20. Affordable housing. Describe how the subdivision will satisfy the requirements of division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. a. On all lots intended to be used to satisfy the requirements of division 38.380, the allowable building envelope must be depicted. No residential uses are proposed for this project and therefore no affordable housing is proposed. 5. Preliminary Plat Checklist Below is a summary of the Bozeman Municipal Code Section 38.22.040 regarding submittal requirements for a subdivision preliminary plat as well as a narrative response summarizing how each of the required sections has been satisfied with this submittal: A. The preliminary plat must be legibly drawn as specified in the application form provided by the community development department. Where accurate information is required, surveying and engineering data must be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must include the following: 1. Pre-application information. All information required with the pre-application plan, as outlined in section 38.220.030. All information required with the pre-application plan is included with this submittal. 2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. This information is shown on page 1 and page 2 of the preliminary plat. 3. Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department. This information is included on the Preliminary Plat sheets. 4. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. This information is shown on page 1 and page 2 of the preliminary plat. 5. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. This information is shown on page 1 of the preliminary plat. Additionally, please see the N1 and Adjoiners list. 6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. This information is included as a Document in the application. 7. Perimeter survey. A survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given. A full perimeter and topographic survey has been conducted by IMEG (formerly C&H Engineering) for this property. Property dimensions are shown on pages 1 & 2 of the preliminary plat. 8. Section corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. This information is shown on page 1 of the preliminary plat. 9. Phased improvements. If the required improvements are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. If a phase depends on improvements not included within the geographic area of a phase, or if timing of construction of improvements is separate from the timing of construction of that phase, those improvements and associated phases must be identified. The areas of each phase have been included on page 1 of the preliminary plat. Additionally, please see the phasing exhibit as Appendix A.9. 10. Contours. Ground contours must be provided for the tract according to the following requirements: This information is shown on page 1 of the preliminary plat. 11. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-application process must be submitted with the preliminary plat application. Waivers were granted for Wildlife, Historical Features, Agriculture, and Miscellaneous. 12. Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental quality for infrastructure plan and specification review, the preliminary plat application must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. This information is shown on page 1 of the preliminary plat. 13. Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.170 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. This subdivision qualifies for the certification established in section 38.240.100 of the BMC. B. The following information must be submitted along with the preliminary plat. 1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. This is included on page 1 of the preliminary plat. Additionally, there are several exhibits (Appendix A.1 – A.4) included that show the project site as a whole. 2. Non-compliance with standards. a. Variances. Provide a written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter). b. All others. Provide a written statement: describing any intended departure, deviation, modification, non-compliance or alternative compliance to any standard applicable to a subdivision review; providing a BMC citation to the authority authorizing the non- compliance; and providing the applicable criteria of review. Outside the approved Relaxations there are no variances or departures requested with this application. 3. Noticing materials required by section 38.220.420. Noticing materials including an adjoiners list and N1 have been included in this application. 4. Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: a. Covenants, restrictions and articles of incorporation for the property owners' association if covenants are proposed to ensure compliance with regulatory standards. Covenants are included as Appendix E.1 in this submittal. b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or drive aisles intersect state, county or city highways, streets or roads. There are no encroachments planned for this subdivision application. An access permit to connect to Huffine lane is required. Attached (Appendix Q) is a copy of the letter of intent from MDT indicating an intent to issue a permit for the approach from Brookfield Avenue to Huffine Lane. The approach permit has been submitted to MDT and is currently under review. c. A draft of such other appropriate certificates. All appropriate certificates are included on page 1 of the plat. Additionally, a platting certificate has been included in this application. It is anticipated that it will have to be updated prior to the final plat application. d. Provision for maintenance of all streets (including emergency access), open spaces to meet requirements of division 38.420 or section 38.410.040, storm water facilities, and other improvements not dedicated to the public. The CCR outlines the maintenance responsibilities. The POA will maintain all open spaces and stormwater facilities. Additionally, the back in angle parking areas will be maintained by the POA as outlined in the Maintenance agreement Appendix U.2. 5. Street profile sheets. Profile sheets for street grades greater than five percent. There are no streets with grades steeper than 5% and therefore this item is not applicable. 6. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. The application forms and fee are included in this application. 6. Response to Conditions of Approval Below is a summary and response to the Conditions of Approval for the Preliminary Plat application 19-027. 1. This Preliminary Plat does not meet current UMU zoning and Bozeman Municipal Code (BMC) land use, design and development standards. These deficiencies, deviations and waivers are included in the proposed Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application, Project No. 19028. That P-PUD must be approved by the City Commission with the relevant deviations, and a Final PUD must be administratively approved, before the Final Plat for this subdivision may be approved by the City Commission. The Final Plat must also await Director of Transportation and Engineering approval of street and other Article 4 deviations before the Final Plat can be approved by the City Commission. Response: This is understood. After Preliminary plat approval, a Final PUD Application including any updated information and required condition of approval information will be provided. 2. Prior to approval of the Final Plat, the Applicant shall record proper legal lot access easements and a deed restriction for the following 6 lots to provide adequate legal and physical access to public or publicly-accessible streets or alleys: Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6. Response: Understood. There will be legal and physical access granted via an easement to a public street. Additionally deed restrictions for these lots will be provided at final plat. 3. The Applicant must execute and record the applicable Special Improvement District (SID) waivers and a copy of the recorded waiver document shall be submitted to the Director of Transportation and Engineering prior to Final Plat approval. Response: Understood. A draft has been submitted with this application. A final wet signature copy will be provided with the final plat application. 4. BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant must contact Griffin Nielsen of the Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to the approval of the corresponding site plans. Response: Understood. 5. BMC 38.410.060.D- If agricultural water user facility easements are required, a notice must also be recorded with a Final Plat or prior to Final PUD plan 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. Response: Understood. 6. 38.410.060.D.3. - Prior to Final Plat approval a professional engineer must certify that the water entering and exiting the realigned Maynard Border Ditch is of the same quality and quantity as prior to development. Response: Understood. 7. 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase depending on main depth as determined by the City during the subdivision infrastructure review. Response: Understood. All public water and sewer mains will be placed in a casing pipe when crossing the Maynard Boarder Ditch to a minimum of 10 feet beyond the adjacent top of channel. 8. 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the location of the post- developed flood hazard area. Response: Understood. This is now shown on the new preliminary plat 9. BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The Applicant is advised that the requirements of Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of Subsection D must be fulfilled prior to building permit approval. Response: Understood. 10. The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Final Plat approval. Response: There are no floodplains or flood hazard areas located onsite. The only moving water on site is a ditch. Setbacks off the ditch are shown on the updated plat. 11. Prior to Final Plat approval, the Applicant shall clearly state on the plat who is responsible for the maintenance of the proposed culverts and pedestrian crossing along the Maynard Border Ditch. Response: Understood. This will be added to the plat. It is our understanding that the HOA will be responsible for maintenance and upkeep of all culverts and crossing the ditch. 12. Prior to Final Plat approval, the Applicant must provide written approval from the Maynard Border Ditch Company for additional runoff discharge to the Maynard Border Ditch. Response: Understood. 13. The Applicant must file a maintenance agreement for the back-in angled parking areas with the County Clerk and Recorder in addition to the plat note identifying the maintenance requirements and responsibilities of the back-in angled parking spaces prior to Final Plat approval. Response: Understood. A draft copy of this agreement has been included in the RC Submittal. 14. The Plat Condition of Approval block on Plat Page 4 shall have a condition that reads: "Due to known high groundwater in the area, no basements are permitted with future development of the site. No crawl spaces are 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 release of a building permit. In addition, 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 unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets where it may create a safety hazard for pedestrians and vehicles.” Response: Understood. This has been added to the plat on sheet 4. 15. Final Plat Conditions of Approval block on Page 4 shall include the following condition of approval: "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 angle parking spaces." Response: Understood. This has been added to the plat on sheet 4. 16. The following condition of approval must be included on the Conditions of Approval block on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal Code requirements." Response: Understood. This has been added to the plat sheet 4. 17. This subdivision provides a sidewalk along the bordering public streets as well as along internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the portion of the proposed eight- feet wide, paved shared use trail that exists outside of the public right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet and 8 foot wide Class I trails shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase construction of this subdivision. Response: Understood. This has been added to the plat on the plat. Resort Drive and Ferguson Avenue propose to have 10’ sidewalks. Huffine Lane trail will be widened to 12’. Finally Fallon street sidewalk has been widened to 8’. 18. The following condition of approval must be added to the Conditions of Approval block on Plat Sheet 4 prior to Final Plat approval: "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right- of-way." Response: A draft of this agreement was submitted with the initial submittal, and it was determined by the Engineering department to not be necessary. In the event it is in fact necessary, a final version will be submitted with the final plat application. This note has been added to the plat. 19. The following language must be added to the covenants, conditions, and restrictions document prior to Final Plat approval. "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way. The City will return the land to a finished grade, but will not be responsible for any repair or replacement of any special surface finishes." A draft of this agreement was submitted with the initial submittal, and it was determined by the Engineering department to not be necessary. In the event it is in fact necessary, a final version will be submitted with the final plat application. This note has been added to the plat. 20. Prior to Final Plat approval, a separate left hand turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be installed. Improvements must satisfy all City of Bozeman design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. Response: Understood. These improvements will be submitted with the infrastructure review package for phase 1. They will be checked and approved under the design standards. This updated design has been shown on the plat for reference. 21. Prior to Final Plat approval, Ferguson Avenue must be reconstructed in order to provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave. Improvements must satisfy all City of Bozeman design standards and must include bicycle and pedestrian facilities. All installed improvements must be formally accepted by the City prior to Final Plat approval. Response: Understood. These improvements will be submitted with the infrastructure review package for phase 1. They will be checked and approved under the design standards. 22. The Applicant must install a right hand deceleration turn lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. Response: Understood. These improvements will be submitted with the infrastructure review package for phase 1. They will be checked and approved under the design standards. 23. The Applicant must install a right hand deceleration turn lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. Response: Understood. These improvements will be submitted with the infrastructure review package for phase 1. They will be checked and approved under the design standards. 24. The updated flood hazard evaluation must be provided with an infrastructure review and include the post- developed basin exhibit and channel dimensions for the Maynard Border Ditch. Response: Understood. This will be included in the Final Plat submittal. 25. Prior to infrastructure approval, a certification from the developer's professional engineer that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility, per BMC 38.410.060.D.3., and written approval from the Maynard Border Ditch Company for the relocation of the facility must be provided. If there will be a change to the quality and amount of water that entered or exited the facility including any change to the historic stormwater discharge to the facility the certification must clearly identify the change and subsequently the approval from Maynard Border Ditch Company needs to acknowledge the change, per BMC 38.410.060.4.D. Both the certification and written approval must be provided with the Final Plat application. If approval cannot be obtained and a material modification to the subdivision is needed then the preliminary plat application may be required to be resubmitted for review, per BMC 38.100.070.B. Response: Understood. 26. BMC.38.410.060.D.6. a notice must be recorded with the Final Plat stating that the agricultural water user facility easement 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. Response: Understood. 27. The Applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue prior to Final Plat approval. Response: Understood. 28. The Applicant must provide a utility exhibit that shows the proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities that satisfies the City’s engineering design standards and specifications policy (DSSP) prior to Final Plat approval. If additional easement or right-of-way is required to satisfy DSSP requirements with the updated utility layout, the necessary right-of-way or easement must be provided prior to Final Plat approval. Response: Understood. 29. The Applicant must add a note to the conditions of approval sheet of the Final Plat which states the following: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of- way must be maintained by the property owners' association (Insert Final Property Owners Association Name as recorded in the CC&Rs)”. Response: Understood. This Condition of approval has been added to page 4 of the final plat. 30. The subdivisions stormwater maintenance plan must clearly state the following condition: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of- way will be maintained by the property owners' association (Insert Final Property Owner's Association Name as recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to Final Plat approval. Response: Understood. This will be included with the final plat application. Code Corrections 1. The Final Plat must comply with State statute, Administrative Rules of Montana, the Bozeman Municipal Code and an adopted Ferguson Farms II Planned Unit Development. Response: Understood. 2. Any unmet code provisions, or code provisions that are not specifically listed as a condition 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. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Response: Understood. 3. All easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards. Response: Understood.