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HomeMy WebLinkAbout003 Narrative and Response to Conditions of Approval Final Plat Application Blackwood Groves Subdivision Phase 3A #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 2 of 18 Table of Contents NARRATIVE Section I. – Project Team Section II – Introduction Section III – Improvements Agreement Section IV – Parkland and Open Space Section V – Schedule Section VI – Response to Conditions of Approval I. PROJECT TEAM OWNER & Blackwood Land Fund, LLC APPLICANT 115 W. Kagy Blvd, Suite L Bozeman, MT 59715 p: 406.539.6015 PLANNER Intrinsik Architecture, Inc. 111 N. Tracy Avenue, Bozeman, MT 59715 p: 406.582.8988 ARCHITECT KTGY Architecture and Planning 1390 Lawrence Street, Suite 100 Denver, CO 80204 p: 303.623.5186 SURVEY/ENGINEER Alpine Surveying and Engineering 714 Stoneridge Drive, Suite 3 Bozeman, MT 59718 p: 406.586.5599 White Mountain Engineering, LLC PO Box 888 Belgrade, MT 59714 P: 603.491.0927 #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 3 of 18 II. INTRODUCTION The final plat application for Blackwood Groves Subdivision, Phase 3A includes 3 multi-household residential lots (subject to future site plan review), 19 single-household residential lots, 1 park parcel, and 2 open space parcels. This phase is 29.628 acres in area and is located in the southwest ¼ of Section 24, Township 2 South, Range 5 East, City of Bozeman. III. IMPROVEMENTS AGREEMENT Infrastructure improvements, including all utilities, curb, gutter and pavement, will be completed by the time that the Phase 3A final plat is filed. As of 12/11/2023, all public utilities and public roads/alleys have been completed. This application includes an improvements agreement (Section 5) which financially guarantees all remaining improvements (street lighting, ADA ramps, sidewalks, etc.). IV. PARKLAND AND OPEN SPACE The parkland tracking table is included on the Conditions Approval Sheet of the final plat. The parkland and open space plans and calculations are included in Section 7 of this application. Parkland and open space improvements will begin construction in the fall of 2023 with anticipated completion in the summer of 2024. These improvements are guaranteed as outlined in the Improvements Agreement application (Section 5). V. SCHEDULE Installation of subdivision improvements commenced in May 2023 and continue to this date. All public civil improvements not covered by the improvements agreement are anticipated to be completed in the 2023 construction season. Parkland and open space improvements are scheduled to begin in the fall of 2023 with all improvements anticipated to be completed by the summer of 2024. VI. RESPONSE TO PRELIMINARY PLAT CONDITIONS OF APPROVAL The preliminary plat application for the Blackwood Groves Subdivision was approved by the City Commission on June 22, 2021. Responses to the Conditions of Subdivision Approval and the Code Requirements Requiring Plat Corrections are provided in bulleted italics: Conditions of Approval: 1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.  This narrative responds to all conditions of preliminary plat approval and noted code provisions. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 4 of 18 2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements.  The warranty deeds transferring title for Parks to the City of Bozeman and Open Space to the owner’s association are included in Section 10 of this application. Signed original copies are held by the applicant and will be delivered to the City once approved. 3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat.  The warranty deeds transferring title for Parks to the City of Bozeman and Open Space to the owner’s association are included in Section 10 of this application. Signed original copies are held by the applicant and will be delivered to the City once approved. The realty transfer certificates will be provided at the time of filing of the final plat. 4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location.  All necessary utility easements are described, dimensioned, and dedicated on the final plat sheets included in the “Plans” folder of this application. 5. BMC 38.240.410. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility.  The certificate of dedication on sheet 1 of the final plat includes the specific names of the streets dedicated to the public for which the City accepts responsibility. 6. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 5 of 18 shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.”  This language is included as note #9 on the Conditions of Approval sheet (sheet 3 of the final plat). 7. BMC 38.220.020.A. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant.  The applicant has contacted and secured any required permits from the Gallatin County Conservation District, Montana DEQ, and the US Army Corps of Engineers. 8. BMC 38.240.530. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship.  The certificate of water related improvements is included on the certificates sheet of the final plat (sheet 1). 9. BMC 38.240.150.A. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption.  The Montana DNRC approval is included in item #14 in the documents folder of this application. Well Completion certificates will be in the Blackwood Groves Association name upon completion of the wells. The wells will include any metering device as required by Montana DNRC. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 6 of 18 10. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA).  This note is included as #1 in the general notes section on the Conditions of Approval sheet of the final plat (sheet 3). 11. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners’ association (POA).  This note is included as #10 in the general notes section on the Conditions of Approval sheet of the final plat (sheet 3). 12. With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on the preliminary plat, page 7 identified by legal description that includes setback requirements, watercourse setback zones, building area, and landscape/watercourse setback planting requirements.  Lots 1-6, Block 28 are not included in the current final plat filing (Phase 3A) – this setback will be outlined on the Phase 8 final plat for Blackwood Groves. The watercourse protective language is included in Section 17, Article X in the CC&Rs. 13. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language should be included in the Final Design Manual and Covenants.  This language is included in Section 17, Article X in the CC&Rs. 14. BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or fencing can be installed within an access or utility easement granted to the City of Bozeman without written consent of the City of Bozeman. With final covenants, include a statement that says that no landscaping (such as trees or bushes) or fencing can be installed within the utility or access easement.  This note is included in the second paragraph of Section 1, Article VIII of the CC&Rs. 15. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. BMC 38.220.320.A. The responsibility of maintenance for the stormwater facilities including those in public parks, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 7 of 18 must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping.  This note is included in #1 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). b. BMC 38.410.060.C. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site.  This note is included in #1 and #2 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). c. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.  This note is included in #2 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). d. A median is the portion of the roadway separating opposing directions of the roadway, or local lanes from through travel lanes. All medians within the subdivision are to be maintained by the property owners association. A separate City approved maintenance agreement must be recorded with the Clerk and County recorder and incorporated into the subdivisions Covenants, Conditions & Restrictions.  This note is included in #4 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). e. The back-in angled parking is to be maintained by the property owners association which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angled parking spaces.  This note is included in #5 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 8 of 18 f. Although an easement or parkland dedication is required at the time of final plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until after Final Plat and until the park meets requirements of 38.420.080 and the approved park master plan, all conditions of approval for the subdivision or park master plan are completed, and written acknowledgement of final acceptance has been provided by the City.  This note is included in #11 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). g. Every owner of land fronting or abutting on a paved sidewalk or other path within a park and connected to said sidewalk or path via a pedestrian pathway shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land within 24 hours. However, in the event the superintendent of parks determines the snow and ice on a sidewalk cannot be reasonably removed, the superintendent may require the use of sand or other suitable substance to make pedestrian travel reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as soon as the weather permits.  This note is included in #12 of the general notes on the Conditions of Approval sheet of the final plat (sheet 3). 16. The applicant must file the City approved maintenance agreement with the County Clerk and Recorder, have a note added to the Conditions of Approval Sheet that identifies the maintenance requirements and responsibilities of the back-in angled parking spaces, and include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final Plat Approval.  The Angled Parking Maintenance Agreement was filed with the Clerk and Recorder as part of the Phase 2 final plat. The filed copy is included in section 11 of this final plat application. The back-in angled parking requirement is also noted as note #5 in the general notes on the Conditions of Approval sheet of the final plat (sheet 3). 17. A 1 foot no access strip shall be placed along all lots fronting on South 19th Street.  This plat filing (Phase 3A) does not include any frontage along South 19th Avenue. 18. A 1 foot no access strip shall be placed along all lots fronting on South 11th Street.  The 1-ft no access strip along South 11th is included on the plat. 19. A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road.  This plat filing (Phase 3A) does not include any frontage along Blackwood Road. 20. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 9 of 18 future site plan development or applicable development application.  The cash-in-lieu of water rights (CILWR) calculations are included in section #16 of this final plat application. This total will be paid once these calculations are approved by the City. CILWR for all multi-household lots subject to future City review (Lot 1, Block 12 and Lot 1 and Lot 2, Block 9) will be provided during the site plan review process as noted in #13 of the general notes on the Conditions of Approval sheet of the plat (sheet 3). 21. BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage designation the applicant must demonstrate alternative means to supply dry utilities and easements through and within such lots prior to Final Plat Approval.  This final plat filing (Phase 3A) does not include any store front block frontage. 22. BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company (MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The agreement must describe the necessary easement width for maintenance of the ditch. The applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10 foot wide standard ditch maintenance easement would be required. The applicant is advised that if an agreement cannot be reached with MCDC the configuration and layout of the proposed subdivision could change and can proceed at their own risk.  The ditch maintenance agreement (filed with the Phase 1 final plat) is provided in Section 13 of this final plat application. 23. The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The applicant must pay the payback fees prior Final Plat Approval.  Payback fees for all phases of the development were paid for with the Phase 1 final plat. 24. A road connection to South 19th Avenue must occur with the first phase of the development prior to Final Plat Approval.  The first phase of the development included a connection to South 19th Ave. Phase 2 provided an additional connection to 19th Avenue with Blackwood Road. 25. BMC 38.400.010 - South 11th and Blackwood Road must be constructed to a collector standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for all intersections deemed necessary by City Engineering in Blackwood Road and South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure submittal plan set.  South 11th Ave is being constructed to a collector standard meeting the City’s TMP per the City-approved Phase 3 infrastructure plans. This plat filing (Phase 3A) does not include any sections of Blackwood Road. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 10 of 18 26. A maintenance access easement from the City is required for developer/POA access to stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance.  Maintenance access easements for all stormwater features are described and dedicated on the final plat. In addition, all parks will be deeded to the City of Bozeman with the filing of the final plat. 27. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding.  As dedicated on the final plat, all open space parcels include public access and utility easements. 28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of the POA or adjacent property owner.  The POA is responsible for snow and ice removal from park sidewalks per Article VII, Section 1 of the CC&Rs (document #009b in this application). 29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction.  A preconstruction meeting with the Parks Division will be held prior to any work on parkland. Parkland and Open Space plans have been provided to the Parks Division. Code Requirements Requiring Plat Corrections: 1. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set.  Mylar copies of the final plat will be provided once the submitted drafts are approved by the City. 2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.  This item is noted. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 11 of 18 3. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320.  The POA documents are included in Section 9 of this application – these documents were filed with the Phase 1 final plat. The Articles of Incorporation have been filed. 4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction.  Plans and specifications have been submitted and approved by the City of Bozeman and the Montana DEQ. The preconstruction conference was conducted prior to construction. 5. BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to each subsequent phase final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval.  The streets and utility easements are dedicated on the final plat. 6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 12 of 18 c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization.  Warranty deeds transferring title for Parks to the City of Bozeman and Open Space to the owner’s association are included in Section 10 of this application. Signed original copies are held by the applicant and will be delivered to the City once approved. These deeds will be filed with the filing of the final plat. No transfer of ownership interest in water rights is included with this application. 7. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements.  The Improvements Agreement application is included in Section 5 of this submittal. The applicant will provide the acceptable method of security equal to 150 percent of the cost of the remaining improvements once that value is approved by the City. 8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements.  The certificate of completion of improvements is included on sheet 1 of the final plat. 9. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements.  The certificate of completion of non-public improvements is included on sheet 1 of the final plat. 10. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section.  The Conditions of Approval and Certificate of Non-Public Improvements are separated. The COA sheet is the last sheet of the plat map set (sheet 3). 11. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 13 of 18 improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat.  The certificate of completion of water-related improvements is included on sheet 1 of the final plat. 12. BMC 38.220.020 & 38.610.050 - Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval.  Approved stream and wetland permits have been acquired and provided prior to infrastructure construction. 13. BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water main (CIP Number: FP_1347) to the southwest corner of the subject property along S19th Ave. The identified 12 inch main must extended through subject property and connect to the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main may follow the proposed water main alignment along Street E and Avenue A and must be included within the infrastructure submittal plan set.  This item is noted. The 12” water main within Phase 2 has been installed. 14. BMC 38.410.040. Provide design sections for mid-block pedestrian crossings through park 14, open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree for every 50 feet per 38.550.050.D.  The parkland and open space plans are included in Section 7 of this application. A minimum of 1 tree per every 50 feet is satisfied. 15. BMC 38.410.130 - Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination.  The cash-in-lieu of water rights (CILWR) calculations are included in section #16 of this final plat application. This total will be paid once these calculations are approved by the City. CILWR for all multi-household lots subject to future City review (Lot 1, Block 12 and Lot 1 and Lot 2, Block 9) will be provided during the site plan review process as noted in #13 of the general notes on the Conditions of Approval sheet of the plat (sheet 3). 16. BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts prior to final plat. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 14 of 18  The no-rise certification and analysis was provided with the preliminary plat application for Blackwood Groves. 17. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval.  The parkland and open space plans are included in Section 7 of this application. Phase 3A does not include any watercourse plantings. 18. BMC 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner.  All watercourse setback permits were acquired prior to commencement of any work. 19. BMC 38.240.050, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat.  The cash-in-lieu of water rights (CILWR) calculations are included in section #16 of this final plat application. This total will be paid once these calculations are approved by the City. CILWR for all multi-household lots subject to future City review (Lot 1, Block 12 and Lot 1 and Lot 2, Block 9) will be provided during the site plan review process as noted in #13 of the general notes on the Conditions of Approval sheet of the plat (sheet 3). 20. BMC 38.240.420, Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included.  The Mortgagee certificate is included on sheet 1 of the final plat. 21. BMC 38.410.060. A 10-foot utility easement located within the front yard setbacks along Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO standards.  Blocks 8, 20, and 22 are not located in this plat filing (Phase 3A). This utility easement and 8-ft sidewalk was included along Block 8 in Phase 1. This easement and sidewalk will be provided for Blocks 20 and 22 upon future phases. 22. BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat.  Block 22 is not included with this plat filing (Phase 3A). The pond will be removed from this access easement with the applicable future phase. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 15 of 18 23. BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of block 8 adjacent to the proposed sidewalk.  A 10-ft utility easement was provided along the north side of Block 8 with the Phase 1 final plat. 24. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission.  Subdivision lighting is included in the Improvements Agreement application in Section 5 of this submittal. The applicant is coordinating with the City Finance Department on the SILD application, a copy of the SILD application is included in Section 14 of this submittal. 25. BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided.  Mail delivery has been coordinated with the USPS and will be placed in accessible cluster box locations. 26. BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases.  The parklands for all future phases were dedicated as easements with the Phase 1 final plat. 27. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of land dedication, the amount must be stated on the final plat.  The parkland tracking table is included on the conditions of approval sheet (sheet 3). 28. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 16 of 18  Park boundary delineators, to be approved by City Parks, will be installed at all applicable private lots. Park boundary pins are included in the parkland plans in Section 7 of this application. 29. BMC 38.420.080.D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater retention or detention ponds must be maintained by the property owners' association.  Stormwater ponds located within public parkland is not counted as qualified parkland. All stormwater facilities will be maintained by the POA. 30. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right- of-way boulevard strips on perimeter streets and in and adjacent to City park lots and any open space lots is required prior to final plat approval or must be financially guaranteed.  Boulevard landscaping for City Parks and Subdivision Open Space parcels is included in the Improvements Agreement. 31. BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails;  This item is noted. 32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and a. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or b. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route.  This item is noted. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 17 of 18 33. BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed.  Standard utility easements are provided and dedicated on the plat. 34. BMC 38.410.080.D, Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants.  All stormwater facilities are located on common open space or parkland parcels and will be maintained by the property owners’ association as noted in #1 of the general notes on the Conditions of Approval sheet and within the CC&Rs. 35. BMC 38.220.320, Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.  The Bylaws and CC&Rs are included in Section 9 of this application. Article II of the CC&Rs includes all City of Bozeman required covenants. 36. BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. #23261 – Final Plat Application, Blackwood Groves Subdivision Phase 3A December 2023 Page 18 of 18  This item is noted and has been incorporated into the Subdivision design. 37. BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must provide an owner executed original easement to the City prior to Final Plat approval. The following easements have been identified in the application: a. Sewer and Water pipeline access easement for the mains intended to service the development. b. Public access easement(s) for onsite trail/open space and midblock crossing for open space D open space B c. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents must be updated.  All water and sewer easements and public access easements are dedicated on the final plat in City standard language. Signed original copies will be provided to the City once the submitted drafts are approved. 38. BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85- 7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat.  This notice will be recorded with the final plat. Ditch easements are included on the plat and the Ditch Maintenance Agreement is included in Section 13 of this submittal. 39. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate.  The Certificate Accepting Cash Donation In-Lieu of Land Dedication is included on sheet 1 on the final plat map set.