Loading...
HomeMy WebLinkAbout002 Response to Pre-App CommentsHidden Creek Subdivision Preliminary Plat Application Response to Pre-App Comments All responses to the initial 2-lot minor pre-app comments are included in this section. 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 | 406.586.0262 October 3rd, 2024 City of Bozeman Planning Department 20 E Olive St. Bozeman, MT 59715 RE: Hidden Creek Minor Subdivision Preliminary Plat – Response to Pre-Application Comments. Thank you for your comments dated September 06, 2024 for the Hidden Creek Minor Subdivision Pre-Application submittal. Please find WWC Engineering/Madison responses in blue below. 1. Addresses can be assigned to these parcels once the property is annexed and the new plat is approved. Response: Acknowledged. Property is currently annexed into the City of Bozeman. 2. On June 15th, 2024, Ordinance 2155 and Resolution 5586 were adopted by the Bozeman City Commission as well as the associated City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Subdivision submittals must meet specific landscape and irrigation requirements. To familiarize yourself with these requirements, please visit https://www.bozeman.net/departments/utilities/water-conservation/new-development-standards- 3620. Response: Acknowledged. Landscape and irrigation drawings for the undeveloped northern lot will be provided with subsequent applications. No changes are proposed to the portion of the property occupied by the Gallatin County Rest Home. 3. Existing and proposed utilities, including storm sewers, should be shown at subdivision pre- app per BMC 38.220.030.A.3 Response: Acknowledged. A records request was submitted to the City of Bozeman for the Gallatin County Rest Home stormwater design which was constructed in 1960. The northern property currently has no public stormwater. No utilities are proposed with this 2-lot minor subdivision application but will be included on subsequent applications. 4. BMC 38.220.030 A. ...The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include: 2. Topographic features. Topographic P a g e | 2 features of the proposed subdivision and adjacent subdivisions and tracts, including: Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in section 38.220.020 that have been obtained for the project. Response: Acknowledged. Topographic features are included on the preliminary plat. Refer to drawing 001 Preliminary Plat . 5. BMC. 38.220.030 A.4 must include: Subdivision layout. The proposed layout of the subdivision showing the approximate: a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot. b. Street location, right-of-way width, and name. Include the proposed location and right of way of Oak Park Drive. Response: Acknowledged. The subdivision layout is included with preliminary plat submittal. The draft easement for Oak Park Dr through the subject property is included in this submittal. Refer to drawing 001 Preliminary Plat and document 030 Streets, Roads and Alleys. 6. BMC 38.410.060 B.2.a. Front setback utility easements. Front setback utility easements must be ten feet wide, and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front setback easements are not needed. Response: Acknowledged. Correspondence with Northwest Energy (NWE) is included in this preliminary plat submittal. Refer to Section 031 Non-Municipal Utilities. NWE 10’ utility easement will be provided with subsequent applications. This is due to conflicting easement locations with the proposed ROW easement and NWE easement. Once city approves the ROW easement, NWE applications will be submitted and 10’ utility easements can be provided with site plan application. Refer to drawing 001 Preliminary Plat. Setbacks will be shown and provided with concept/site plan applications. 7. BMC. 38.360.280. Agricultural water user facilities. Identify location of all agricultural water user facilities and contact information for representative. Provide contact information for Farmer's Canal representative. Response: Acknowledged. Agricultural water user facilities correspondence is included in preliminary plat submittal. Refer to document 027 Agricultural Water Users Facilities. 10. 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 Citys domestic system compliance with the code will be required at final plat. If sufficient water P a g e | 3 rights cant 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. 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 with site plan application to receive final approval. 11. The infrastructure viewer is showing that this sanitary sewer main connects into Peach. Please confirm. Response: Sanitary sewer currently runs along the East side of a property and crosses (E- W) across the proposed northern property. Sewer location is shown on the preliminary plat. Refer to drawing 001 Preliminary Plat and document 028 Water and Sewer. 12. The infrastructure viewer shows a water main through here that dead ends at a fire hydrant. Please confirm. Response: An existing water main dead-ends with a hydrant in the Gallatin County Rest Home Property. That is shown on the preliminary plat application. Refer to drawing 001 Preliminary Plat and document 028 Water and Sewer 13. There should be an existing fire hydrant in this area. Response: Acknowledged. Dead-end hydrant is located on Gallatin County Rest Home property. Refer to drawing 001 Preliminary Plat and document 028 Water and Sewer. 14. BMC 38.220.030 A. 15. Agricultural water user facilities. Identify the location of all agricultural water user facilities and the contact information for the facility user/representative per 38.360.280. Response: Agricultural water user facilities correspondence is included in preliminary plat submittal. Refer to document 027 Agricultural Water Users Facilities. 15. The applicant is advised that the proposed project falls within the Bozeman Solvent Site boundary. The applicant must contact the City’s solvent site consultant, Jim Sullivan, the Principal Engineer at Tasman Geosciences, Inc. and the DEQ project manager, Katy Frye for additional information on construction requirements within the solvent site. An irrigation well will not be allowed in the Bozeman Solvent Site. Response: Correspondence with City’s solvent site consultant, Jim Sullivan and DEQ project manager Kate Fry is included in preliminary plat submittal. Refer to document 019 Irrigation. P a g e | 4 16. BMC 38.410.060 - Easements: All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city with site plan submittal. Signed hard copies of the easements must be submitted to the city prior to site plan approval. The applicant may find the City Standard Easement Templates in the City Documents and Staff Reports folder. These templates represent the City's required easement. If the applicant chooses to request changes they must contact the development review engineer assigned to the project. If any changes are made to these templates the applicant must indicate in the document the specific changes when returned to the City. Easements Required: A 20' utility pipeline easement for the sanitary sewer running west to east through the site. A 30' Public Street and Utility Easement over the water and sewer mains on the east side of the project from Durston to Juniper. 10' Private Utility Easements. Response: Acknowledged. Draft easements are included with preliminary plat submittal. These include water/sewer easement and pedestrian access. Refer to document 028 Water and Sewer and 030 Streets, Roads, and Alleys. 17. BMC 38.220.060 A. Engineering does not support the request for waivers for A. 3, 4, 8, 9, 10, 11, 12. Response: Acknowledged. The following sections have been included in this submittal. 18. Due to the known high groundwater conditions in the area no basements will be permitted with future development of the site. 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 or 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. Response: Geotechnical report is included in the preliminary plat submittal. No groundwater was present during inspections. If crawlspaces or basements are requested, they will be engineered and signed off by a geotechnical engineer. Proposed plan is slab on grade buildings. Refer to document 023 Geology, Soils and Slopes. 19. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a.Street improvements to Durston Road between N 11th Ave and N 15th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b.Street improvements to Oak St between N 11th Ave and N 15th including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c.Street improvements to N 15th Ave between Durston Road and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d.Street improvements to N 11th Ave between Durston Road and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e.Intersection improvements at Duston Road and N 15th Ave including lighting, signalization/channelization, P a g e | 5 paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Durston Road and N 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Oak Street and N 15th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Oak Street and N 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The SID template has been uploaded to the City Documents folder. Response: Waiver of Right to Protest Creation of Special Improvement District (SID) will be included with future subsequent applications. Due to no construction taking place with this application, SID waivers will be addressed with future development applications. A TIS waiver was provided further adding that no additional traffic to nearby intersections will occur. 20. Sec. 38.420.020.B.1 & 4. Subdivision is exempt because it is creating lots greater than 5 acres and only creating one additional lot. Development of a parcel larger than five acres may require parkland dedication pursuant to section 38.420.020.C. Development of the additional parcel may require parkland dedication pursuant to section 38.420.020.C. Response: Acknowledged. Parkland dedication is to be provided with site plan and subsequent applications. 21. Staff supports administrative review of this minor subdivision under MCA 76-3-609. This statute precludes the public hearing requirement but does have unique noticing requirements that the applicant will need to work with their planner and development review coordinator to address upon submittal of the preliminary plat application. Response: Acknowledged. 22. The applicant submitted a waiver request from the following sections of BMC 38.220.060.A: 1. Surface water - Staff supports this waiver. 2. Floodplains - Staff supports this waiver. 3. Groundwater - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 4. Geology - Staff does not support this waiver, a narrative response and supporting documentation is required with preliminary plat submittal. 5. Vegetation - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 6. Wildlife - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 7. Agriculture - Staff supports this waiver. 8. Agricultural water user facilities - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 9. Water and sewer - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 10. Stormwater management - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 11. Streets, roads, and alleys - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. Staff encourages the applicant to seek a traffic impact study waiver from traffic generation and capacity if available from the reviewing engineer as that P a g e | 6 may be captured with subsequent development. 12. Non-municipal utilities - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. 13. Land use- Staff does not support this waiver. Provide a basic land use layout and a narrative response with the preliminary plat application to support the zoning review and departure needed for lot size (see comment below). 14. Parks and recreation - Staff supports this waiver. 15. Neighborhood center plan - Staff supports this waiver. 16. Lighting plan - Staff supports this waiver. 17. Miscellaneous - Staff supports this waiver. 18. Affordable housing - Staff supports this waiver. 19. Growth policy - Staff does not support this wavier, a narrative response and supporting documentation is required with preliminary plat submittal. Overall waivers are supported where review is not applicable or may be captured with site plan development should this lot be sold to other developers which include 1, 2, 7 and 14-18. Waivers are not supported where there are known issues or required documentation that will not be captured with subsequent site plan development should this developable lot be sold to other developers, these are 3-6, 8-13, and 19. Response: Acknowledged. Any sections with un-supported waivers is included in this submittal. 23. R-4 zoning has a maximum lot area of 2.5 Acres per BMC 38.320.030.A. Note 3 in that section states "Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives." Staff recommends requesting this departure with the preliminary plat application. Response: Correspondence with City Planning occurred, and a departure request is included in preliminary plat submittal. Refer to document 004 Departure Request. 24. Per BMC 38.320.030.C R-4 zoning requires a minimum 20-foot rear setback to structures and parking and circulation areas. The proposed lot line is through an existing building and parking area not meeting setbacks. The applicant is advised to move the lot line to the north to be just adjacent to the existing parking and structure, and to provide a zero lot line note on the preliminary plat which eliminates the rear setback between the 2 parcels. Or the lot line could be moved to be 20-feet north of the existing parking and structure. Response: The existing structure (shed) is scheduled to be removed and/or relocated and in turn will provide adequate setbacks. 25. The proposed lot line does not mitigate this area's non-compliance with block length requirements in BMC 38.410.040.B. A pedestrian access easement is required with preliminary plat to meet the block length requirements of this section. The pedestrian right-of-way width is required to meet the requirements of BMC 38.410.040.D. Response: A pedestrian path is included on the preliminary plat to meet block length requirements. Refer to document 030 Streets, Roads, and Alleys. This draft PED Access Easement is subject to revisions based on site plan layout. P a g e | 7 26. Do not provide zoning setbacks on the preliminary plat, these are subject to conditions imposed during development review and subject to change. 38.320.030. Response: Acknowledged. Zoning setbacks were removed. End of Response to Pre-Application Comments