HomeMy WebLinkAbout004 Response to Pre-App CommentsGran Cielo I Block 4 Minor Subdivision
Preliminary Plat Application
04 – Response to Pre-App Comments
Included in this section are the design team’s responses to the Pre-Application comments
generated by the City of Bozeman.
895 Technology Boulevard, Suite 203, Bozeman, MT 59718 | 406.586.0262
March 3rd, 2025
City of Bozeman
Planning Department
20 E Olive St.
Bozeman, MT 59715
RE: Gran Cielo Block 4 Subsequent Minor Subdivision – Response to Pre-Application
Comments.
Thank you for your comments dated February 24, 2025 for the Gran Cielo Block 4 Minor
Subdivision Pre-Application submittal. Please find WWC Engineering/Madison responses in
blue below.
1. NWE - Relocate
Please submit construction application with NWE for relocation of existing electric & gas
facilities.
Response: Construction Application was submitted 3/18/25.
2. Addresses were already assigned to Lots 1-5 Block 4 and will need to be changed when this is
approved.
Response: Acknowledged. We anticipate working with the City to address this.
3. BMC 38.410.130—Water Adequacy: The development will need to satisfy the water
adequacy code requirement prior to future subdivision approval. Compliance for multi-family,
commercial, and industrial lots will be deferred until future site development and require a note
to this effect listed on the plat. For all other lots or improvements (parklands, common open
space, street medians, arterial and collector boulevards) which require irrigation the applicant
must identify how the irrigation will be supplied. If supplied irrigation will be supplied from the
City’s domestic system compliance with the code will be required at final plat. If sufficient water
rights can’t be provided to offsets the development's annual demand then a cash-in-lieu of water
rights (CILWR) payment will be required. The City assesses the CILWR fee at a rate of $6,000
per acre-foot. Please contact Griffin Nielsen with the Engineering/Utilities Department directly
at gnielsen@bozeman.net or (406) 582-2279 which any questions regarding the water adequacy
code. The City encourages the use of groundwater wells to supply irrigation demands, which in
turn will reduce the CILWR fee. A pre-determination from the DNRC demonstrating that a well
groundwater well may be permitted under Montana’s exempt appropriation will need to be
obtained. The applicant is encouraged to reach out to the DNRC early in the process to determine
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if this option is feasible.
Response: We have reached out to Griffin Nielsen regarding CILWR. His correspondence
is included in the preliminary plat submittal. Refer to section 028 Water and Sewer.
CILWR will be paid prior to Final Plat approval.
4. BMC 38.410.070, DSSP Section V.A & V.B - Water & Sewer Demand—Prior to a
determination of adequacy, the applicant must provide an estimate of the peak-hour sanitary
sewer demand as well as the average and max day demands of domestic water usage for the
proposed site development. A professional engineer must certify the estimates.
The applicant will need to confirm that the proposed subsequent minor subdivision meets the
allotment water and sewer demand for Gran Cielo Subdivision Phase 2. Please include relevant
information/excerpts from the Gran Cielo Subdivision Phase 2 Water & Sewer Design Report.
Response: Refer to section 028 Water and Sewer. A memo is provided estimating peak-
hour sanitary sewer demand as well as the average and max day demands for domestic
water usage for the proposed site development.
5. DSSP Section II.A.4 - Water Quality—The applicant must include a drainage plan with post-
construction stormwater management controls that are designed to infiltrate, evapotranspire,
and/or capture for reuse the post-construction runoff generated from the first 0.5 inches of
rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation. For projects
that cannot meet 100% of the runoff reduction requirement, the remainder of the runoff from the
first 0.5 inches of rainfall must be either: a. Treated onsite using post-construction storm water
management control(s) expected to remove 80 percent total suspended solids (TSS); b. Managed
offsite within the same sub-watershed using post-construction storm water management
control(s) that are designed to infiltrate, evapotranspire, and/or capture for reuse; or c. Treated
offsite within the same subwatershed using post-construction storm water management control(s)
expected to remove 80 percent TSS.
Response: Refer to section 029 Stormwater. A partial waiver was provided since the
greater Gran Cielo I subdivision has an approved stormwater report. Included in section
029 is a memo demonstrating the provided stormwater pond has the capacity to support
post construction runoff with 7 lots on Block 4.
6. DSSP Section II.C - Water Quantity—The applicant must provide on-site detention with
release rates limited to pre-development runoff rates. Retention ponds must be sized based on a
10-year, 2-hour storm intensity.
Response: Refer to section 029 Stormwater. A partial waiver was provided since the
greater Gran Cielo I subdivision has an approved stormwater report. Included in section
029 is a memo demonstrating the provided stormwater pond has the capacity to support
post construction runoff with 7 lots on Block 4.
7. Montana Post-Construction Storm Water BMP Design Guidance Manual) - Seasonal High
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Groundwater—The applicant must demonstrate that seasonal high groundwater will not impact
the function or maintenance of the proposed facilities. Industry guidance recommends a three-
foot minimum separation from the bottom of the proposed facility to the underlying groundwater
table. The applicant must provide local seasonal high groundwater elevations to support the
proposed design.
Response: This is acknowledged; however, existing infrastructure already exists as the
subdivision was previously built. Only additional service utilities will need to be installed
off the existing mains to service the future lots. Groundwater data is not needed as only
minor construction is to take place within an existing subdivision.
10. BMC 38.270.030.B.1 - Completion of improvements—Completion time for subdivisions.
• All improvements must be installed prior to the issuance of a building permit for any lot
within a subdivision, except when concurrent construction is an identified purpose of the initial
project review and approved pursuant to the criteria established in subsection D of this section.
• The subdivider must meet the requirements of either subsection (1) or (2) for completion of
street improvements. The option must be specified in the preliminary plat submittal. Should the
applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this
section must be required. Altering the choice of option after approval of the development
constitutes a material modification to the project and requires re-review of the project for
modification to the approval subject to the provisions of section 38.100.070.
• The subdivision streets improvements must be installed prior to final plat approval. This
requirement may be modified by the review authority for streets where dictated by
circumstances, such as cold weather conditions that do not permit paving, and where acceptable
security for the ultimate development of the streets is provided. However, under no
circumstances must the required gravel courses, curbs, gutters, or sidewalks be waived, and
sanitary sewer manhole rims and water valve boxes must be located at a grade that will not be
damaged by traffic. This requirement must generally not be modified for non-residential
developments; or
• The subdivider must enter into an improvements agreement guaranteeing the completion of
the paving, curb, gutter, storm drainage, street lighting, sidewalks, required boulevard landscape
and irrigation, or other street infrastructure improvements not yet completed. The improvements
agreement must provide security, as explained in this division. However, at a minimum, the
plans and specifications for the street improvements must be approved by the review authority
prior to final plat approval. Building permits will not be issued until the street improvements are
completed and accepted by the city, except when concurrent construction is an identified purpose
of the initial project review and approved pursuant to the criteria established in subsection D of
this section.
Response: Acknowledged
11. W/S Sewer Service Location
This sewer service is very close to the property line of the adjacent property and will require
excavation on the adjacent property to connect or maintain it. You can move the sewer service,
move the property boundary, or provide a private easement to maintain the sewer service.
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Response: The site layout has changed to provide adequate area for each site. With this
final layout, the only service that needs to be abandoned is the water service serving lot 4.
Included is our correspondence with Nick Pericich. He approved all other existing water
service and sewer service locations. Please see correspondence located in section 041
Services Correspondence.
• Lot 3 will need new water services and sewer services.
• Lot 4 will need a new water service.
• Lot 5 will need a new water service.
• Lot 6 will need a new sewer service.
Please refer to the updated drawing 002 Services and Site Layout.
12. W/S Water and Sewer Services
As part of the preliminary play submittal. The applicant must show water and sewer services to
the newly created lots (Lot 3 and 5). The services must be installed and formally accepted by the
City prior to final plat approval.
Response: Acknowledged. Please refer to drawing 002 Services and Site Layout.
13. Prior to commencing any work, the applicant must contact the Water Conservation Division
to schedule a preinstallation meeting. Include a note on the landscaping and irrigation plans that
the applicant’s team will need to schedule this preinstallation meeting. See the "City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual" - 3.1.2
Response: The proposed subsequent minor subdivision is located along South 31st Avenue,
a local road. Landscaping will be provided along the boulevard after vertical construction
takes place. Irrigation is to be provided with City of Bozeman water. No landscape and
irrigation plans are included due to no site plan being required.
14. A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form
(Appendix E) is necessary to receive a building permit. See the "City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual" - 3.1.2
Response: The Building Permit Landscape & Irrigation Self-Certification Form is included
in section 18 landscape. This will be provided to the installing contractor when building
permit is applied for.
15. Applicant is advised that pursuant to BMC 38.550.070, the City must obtain legal ownership
of any irrigation water rights used for City-owned and -maintained irrigation systems. These
public systems must be entirely discrete and separate from any irrigation system that is privately
owned and maintained. Depending on the water supply source, Applicant may be required to
work with various agencies to develop a legal water supply source.
Response: There are no City owned and maintained irrigation systems with this
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subdivision application.
16. If an exempt well is identified as the water supply source for the City-owned system, then
Applicant is advised that they will be required to complete a MT DNRC Notice of Completion of
Groundwater Development Form No. 602 for the well. The City will sign the 602 form only after
it has determined that it is correct and complete. After the irrigation system is completed and
irrigation water is put to beneficial use, Applicant must file the 602 form with the DNRC, pay
any required application fee, and provide proof of filing back to the City.
Response: Irrigation water will come from COB water supply. No DNRC form 602
required.
17. Applicant is advised that the MT DNRC is no longer issuing pre-determination letters for
exempt wells, so the City’s requirement that an exempt well pre-determination letter be provided
has been nullified. If an exempt irrigation well is proposed, applicant is advised that they proceed
at their own risk that a legal water right can be obtained from MT DNRC. Applicant should
conduct their own due diligence and familiarize themself with the MT DNRC’s current
combined appropriation guidance. Applicant will not know whether MT DNRC will issue a
groundwater certificate for the exempt well until a 602 form is filed, which according to current
law may only occur after the well is drilled, the irrigation system is constructed, and water is put
to beneficial use. If a water right for the exempt well is not issued by MT DNRC, then Applicant
is advised that they will be required to modify the irrigation plan and secure an alternative legal
water source. Applicant is advised to convert any existing irrigation water rights associated with
the property to irrigation of parks, public rights-of-way, and open space if a water right for the
exempt well cannot be obtained from the MT DNRC. In this case, Applicant is encouraged to
meet with the City Water Conservation and Parks Divisions to discuss low water use landscaping
design alternatives.
Response: Irrigation water will come from COB water supply. No DNRC correspondence
required.
18. Applicant is advised that a change in the water supply source constitutes a material
modification pursuant to BMC 38.100.070.B that requires additional review and may result in
added conditions of approval after final action to grant preliminary approval of the modification.
Response: Acknowledged, irrigation water will come from COB water supply. There is no
change in the water supply source.
19. BMC 38.240.100 provides review procedures for subdivisions. The applicant must identify
the review procedure they intend to use as part of the initial application for preliminary plat. For
this 2nd or subsequent minor subdivision staff recommends a subdivision that is exempt from
public hearing under 76-3-616.
Response: Acknowledged. 76-3-616 is checked on document 003 Preliminary Plat Checklist
20. BMC 38.220.060.A requires documentation of compliance with adopted standards unless
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waivers have been granted during the pre-application process. This application request waivers
from A.1 – A.18 (all supplements except growth policy compliance). The Development Review
Committee (DRC) grants the following full waivers from documentation: A.1 – Surface water,
A.2 – Floodplains, A.3 – Groundwater, A.4 – Geology, soils, slopes, A.5 – Vegetation, A.6 –
Wildlife, A.7 – Agriculture, A.8 – Ag. Water user facilities, A.14 – Parks and Rec., A.15 –
Neighborhood center plan, A.16 – Lighting plan, A. 17 – Miscellaneous, and A.18 – Affordable
housing.
Partial waivers will be granted for the following supplements. Some but not all of the required
information is necessary to process the preliminary plat for the following supplements:
- A.9 – Water and sewer. Provide a supplemental memo from a professional engineer registered
in the State of Montana demonstrating that adequate water distribution systems and capacity, and
sewage collection and disposal systems and capacity, exists to serve the proposed subdivision
consistent with the city's adopted design standards.
- A.10 – Stormwater management. Provide a supplemental memo from a professional engineer
registered in the State of Montana demonstrating that adequate stormwater capacity exists to
serve the proposed subdivision.
- A.11 – Streets, roads, and alleys. Provide a supplemental memo from a professional engineer
registered in the State of Montana demonstrating that the existing streets serving the subdivision
have adequate capacity for the proposed additional lots.
Waivers will not be granted for the following supplements. Provide the required information
under this code section:
- A.12 – Non-municipal utilities. Provide a letter from the utility companies that the proposed
new lots may be provided with service, or confirm that existing services are installed in the
utility easement.
- A.13 – Land use. The application is proposing to add two new lots to the subdivision. The pre-
application indicates single household uses, however Lots 3 and 4 are not meeting minimum lot
area for single households in R-3 per BMC 38.320.030. Indicate the land uses for each lot in the
minor subdivision.
Response: Partial waivers have been reviewed, and documents have been provided within
those sections. The waivers not granted have been reviewed and additional correspondence/
documents have been provided within those sections.
21. BMC 38.320.030 – Form and intensity standards. Residential single household is indicated
on the PA checklist. Two lots are below the minimum single household lot size of 4,000 square
feet. Please indicate if lots 3 and 4 are intended to be townhouses.
Response: Lots 3 and 4 now exceed minimum single household lot sizes. Refer to updated
drawing 001 Preliminary Plat.
22. Staff didn't find any building permits on file for the subject block. However, the applicant
will need to indicate in the preliminary plat submittal that none of the lots have been sold, and no
structures are present to confirm ownership and demonstrate compliance with the form and
intensity standards.
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Response: A site visit was recently performed, please see image below of the existing Block
4. No vertical structures are present.
23. Subdivision is exempt from Parkland requirements per Sec. 38.420.020.B.5. - Development
for which the required amount of parkland is shown to have already been provided. Please
include this exemption in the subdivision notes.
Response: Acknowledged, this exemption is included in section 015: Waivers
24. BMC 38.220.060.A—Documentation of compliance with adopted standards. Engineering
finds the partial waivers for this minor subdivision appropriate.
Response: Acknowledged
End of Response to Pre-Application Comments