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HomeMy WebLinkAbout027 Agricultural Water User Facilities Agricultural Water User Facilities This proposed subdivision will create four separate lots. The southern lot has been previously developed and is the location of the Gallatin County Rest Home. The proposed lots to the north are currently undeveloped. The development of these lots will take place after subsequent applications have been approved. Please see the responses below to the items in Section 38.220.060—Additional Subdivision Preliminary Plat Supplements in the Bozeman Municipal Code. a. Type, description, ownership, and users of facilities. There is an unnamed irrigation ditch running along the east side of the property. In correspondence with the Farmers Canal Company, it was stated that there is no infrastructure to get water to the ditch. Furthermore, the Farmers Canal Company has not turned water on to that ditch for twenty years. Please see the correspondence with the Farmers Canal Company included with this submittal. b.Written documentation demonstrating active use of the facilities, for example the delivery of non-potable water supplies for irrigation, conversion to storm water facilities, or other use. If a facility is not being actively used nor intended to be used in the future, include a written plan for discontinuance including all documentation required pursuant to Montana Law. Included in this submittal is the correspondence with the Farmers Canal Company discussing the current non-use of this irrigation ditch. Correspondence with the neighboring property has taken place and an agreement has been determined to relocate the irrigation ditch that is not in use. Please see the draft agreement included in this section. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana Law. Correspondence with the neighboring property has taken place and an agreement has been determined to relocate the irrigation ditch that is not in use. Please see the draft agreement included in this section. d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility. Please see the correspondence with the Farmers Canal Company included in this submittal. This correspondence verified that the ditch is not currently in use. Correspondence with the neighboring property has taken place and an agreement has been determined to relocate the irrigation ditch that is not in use. Please see the draft agreement included in this section. Hidden Creek Subdivision Preliminary Plat Application To whom it may concern, The Board of Directors of Farmers Canal Company of Gallatin County have discussed the situation with the irrigation ditch North of Gallatin County Rest Home. There has been no means of diverting water from Farmers Canal, nor has there been any request for water turned in, to this irrigation ditch for at least twenty-five years. When it was first proposed to pipe the canal along S. 191h Street, I personally inspected the old wooden diversion headgate near the intersection at 19th and Olive Street. It was in very bad condition. I then walked the ditch. It was intact for about 60 feet, the rest of it was gone, replaced by condos. It was obvious that the ditch users had not protected their ditch to continue to convey Farmers Canal water. Since there was no means of sending water down that ditch anymore, the canal was piped with no diversion at that location. The responsibility for maintaining, preserving and protecting lateral ditches is on the ditch users, not the Canal Co. The responsibility of FCC to furnish water as requested by shareholders ends at the headgates of the individual laterals, or ditches. FCC President Bill Tatarka spoke with Mary Palffy recently and stated that there was no longer any means of getting FCC water to her property, nor has there been for many years. The FCC Directors are unable to declare the ditch abandoned. The Directors of Farmers Canal Company do not know if there are any other water users on this ditch, as any directors or ditch riders from when this ditch was still active, are gone. Sincerely, 2A.0��A "I rT "�7 Date 1 r 1 � Ll Dan Triemstra Secretary, Farmers Canal Company PART OF MADISON /►f,�,, ENGINEERING,t ' WC -- ENGINEERING 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 1406.586.0262 November 21", 2024 RE: Hidden Creek Development—Ditch User Notification Dear Mary Palffy: We are soliciting your comments regarding the proposed Hidden Creek Development located on a 5.78-acre property South of Juniper Street and North of Durston Road within the City of Bozeman. The land is currently undeveloped. Five residential buildings and two foundation pads, one for the county and one for the HRDC, are proposed. The current legal description of the property is TRACT B, CERTIFICATE OF SURVEY NO. 2439, LOCATED IN THE SW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M GALLATIN COUNTY, MONTANA. The geocode on the Montana Cadastral website is 06-0798-01-2-01-04-0000. On behalf of our client, and as required by the City of Bozeman per BMC 38.360.280, we are reaching out to you as an applicable water user to provide written notice that a Farmer's Canal lateral in present on our subject property. The canal lateral lies along the eastern boundary of the property. Correspondence with the secretary of the Farmers Canal Company indicated that the lateral has no means of diverting water and that there has been no request for water turned in for at least twenty-five years. Additionally, upon a site inspection, it was noted by the secretary of the Farmers Canal Company that there is no ditch left to the south of the property line bordering the Gallatin County Rest Home, and that infrastructure for the ditch has not been preserved, maintained or protected for some time. The development proposes a new road running north to south, Oak Park Drive, in place of the existing ditch. Given that the ditch has not conveyed water in at least twenty-five years, and the current state of the ditch and its infrastructure, we do not anticipate any effects on water users for this lateral. Attached is a site layout showing the proposed development. We are soliciting comments you may have regarding the proposed development. Please respond at your earliest convenience with any comments or questions to the email provided below, or feel free to contact me directly at 406-586-0262. Please note that you will have 45 days to respond to this notification per BMC 38.360.280. Thank you for your consideration. Sincerely, c Erik Ringsak, ItJ eringsak@wwcengineering.com 895 Technology Blvd, Suite 203 ♦ Bozeman,MT 59718 ♦ (406)586-0262 EXT'G 24I" 3 CONCRETE N EXT'G 8"DI SEWER MAIN WATER MAIN N __ --W-----w---- r� W-----W'-----W-----w-----W-----W' I : r_-----W--' --W�� --W--- r� r i r�so'Ro.w. JUNIPER STREET 1 c` I EXT'G CURB 1 1 I &GUTTER \\y 3 o 30 1 1 1 1 I 1 10-TX 24'STREET PARKING SPACES < 60 D BLOCK FRONTAGE:LANDSCAPED J SCALE:1" B H B I\ �3.5'FRONT YARD L M K H --� - r A SETBACK £ — � B �^J `PROPOSED r — ----- — ---PROPERTY LINE ® \\ I — 3 1 g R l i I KEG'NOTES 13.5'FRONT YARD SETBACK QA 6"CONCRETE CURB&GUTTER. QQi 3 © 4"THICK CONCRETE WALKS WITH BROOM FINISH.SLOPE AWAY FROM BUILDING OR TO TOP I BUILDING 2 BUILDING 3 W a i OF CURB 2%CROSS-SLOPE(MAX).INSTALL IRRIGATION SLEEVES AS REQUIRED.MAX SIDEWALK FORESLOPE S=4.5%. © © 0 I ¢ f 3 I SIDEWALK WIDTHS: r © A ® ® F w ,� • IS WIDE FOR WALK USED AS OPEN SPACE ©a © ¢ 30'P.U.E • T WIDE FOR WALK IN FRONT OF PARKING SPACES 5'WIDE WALKS FOR ALL OTHER COMMON AREA WALKS D H G H D z •zo k I INSTALL REINFORCED 6"THICK CONCRETE DRIVEWAY APPROACH WITH 5'WINGS. EXTEND 6" THICKNESS THRU SIDEWALK FROM BACK OF CURB TO BACK OF SIDEWALK.C.O.B.STD DETAIL 1 I O I 3 02529-12. o I m G 1® B QD CONCRETE ADA RAMP WITH TEXTURE SURFACE&SLOPE TO MEET A.D.A.&CITY OF BOZEMAN SPECS. ` A � L,� I ; 138'R.O.W. 6"THICK REINFORCED AND SCORED CONCRETE CROSSING.SCORED GRID-2.5'SQUARES. EXT'G 18'. CONCRETE I R I Q BIKE RACK.BIKE RIB 2.0 BY BIKERACK.COM OR APPROVED EQUAL.COLOR TO BE DETERMINED SEWER MAIN — i BY OWNER.REFER TO SITE DETAIL SHEETS. —— EXT'G 20'P U E. G ——— © I I -- --�---- © 4"WIDE PAVEMENT STRIPING-2 COATS. --© ----- -— (� G __Ss_-___ss_- - - © G _ — P / I ; I BARRIER FREE PARKING STALL WITH ADA APPROVED SIGNAGE AND PAVEMENT MARKINGS. _ A 89 xx — SAWCUT,REMOVE,&REPLACE EXISTING CURB&GUTTER PER C.O.B.STDS. D A D-- EXT'G SSMH s EXT'G SSMH Q 8"D.I.CLASS 51 WATER MAIN EXTENSION.SEE INFRASTRUCTURE IMPROVEMENTS DESIGN. 0 I I A RIM 4776.37 RIM 4776.62 I E E IN INV.4767.33(W) C ;IN INV.4765.80(W) Q OPEN SPACE. D A OUT INV.4767.23(E) IN INV.4764.89(S) H OUT INV.4764.62(N) © X"DUCTILE IRON WATER SERVICE.SEE MECHANICAL DESIGN TO CONFIRM SERVICE SIZES 18'REAR YARD A ® a G © G I S PRIOR TO CONSTRUCTION.MAINTAIN 6.5'BURY. SETBACK \R 0 I ® I EXT'G 24° © X"DUCTILE IRON FIRE SERVICE.SEE MECHANICAL DESIGN TO CONFIRM SERVICE SIZES CONCRETE © 0 r g A SEWER MAIN PRIOR TO CONSTRUCTION.MAINTAIN 6.5'BURY. G ® a N ® — D_ i ;I QN 6"PVC SDR 26 SANITARY SEWER SERVICE.SEE MECHANICAL DESIGN TO CONFIRM SERVICE O I SIZES PRIOR TO CONSTRUCTION.MAINTAIN 1%MIN-4%MAX SLOPE.TAP EXISTING MAIN AS A I I I REQUIRED I COUNTY I L ; I 0 STORM WATER COLLECTION SYSTEM AND RETENTION/INFILTRATION FACILITY.DRAINAGE DAYCARE PLAN TO BE INCLUDED WITH SITE PLAN SUBMITTAL. BUILDING 1 (FUTURE) I NCI © VISION CLEARANCE TRIANGLE B i ., ® LANDSCAPEAREA �' R I I ® NO PARKING FIRE LANE SIGN AND POST.RED PAINTED CURB WITH"FIRE LANE-NO PARKING" 1 r FUTURE 3 Q STOP SIGN AND POST 1 �K PROPERTY LINE L__________ � OT SNOW STORAGE AREAS 0 TRASH ENCLOSURE I © A 0 TRANSFORMER.LOCATED TO BE FINALIZED WITH SITE PLAN SUBMITTAL. C ® USPS MAILBOXES B QX EMERGENCY ACCESS GATE WITH BREAKAWAY LOCK FOR EMERGENCY VEHICLES. O I EXT' BUILDING 4 G 15'TRAIL � I N I ; EASEMENT � I I � I B P to - - I D R C © A F TJ Lll,(,D / Q </ G I Q ; _ J A 1 \ I IO I I II G _; LEGEND 1 B © q J PROPERTY BOUNDARY UTILITY EASEMENT D i g I I — ACCESS AND DRAINAGE EASEMENT HRDC 0 I E HOMES 1 L R _ CURB&GUTTER (I LID �q I PWR UNDERGROUND POWER LINE D G-FIB JG-FIB UNDERGROUND FIBER OPTIC A G N`99 I �I GAS———— UNDERGROUND GAS LINE I a l w d 3 I w w MUNICIPAL WATER LINE 1 O B ® ° I S S SANITARY SEWER LINE G z SD STORM SEWER LINE 1 - 13.5'FRONT YARD I J I I D A ® SETBACK — 6i 1 1 ; PROPERTY LINE FOUND YPC UNLESS NOTED 0, o CURB CHASE E I z �X O ; O UNDERGROUND FIBER OPTIC BOX I D L— p EXT'G STREET LIGHT 1 0T 1 A G OO I PROPERTY LINE ELECTRICAL TRANSFORMER G B ® m o ELECTRIC METER L I I ® BROADBAND PEDISTAL G © N WATER VALVE D N"e B CURB STOP FUTURE I a; I SEWER MANHOLE I E� PROPERTY LINE ° .0 --1 A A I fly I y FIRE HYDRANT 1 llH — H II xxFxx I 18'REAR YARD SETBACK BUILDING © I 1 I I---- ------------------- L--- W 18'REAR YARD r SETB 0 to � I�I PROPERTY LINE `EXT'G 24" II CONCRETE SEWER MAIN O'P.U.E.'L I I it 1 I HIDDEN CREEK DEVELOPMENT SITE PLAN HORIZ. SCALE: 1" = 30' m 0 N UNITED HOUSING PARTNERS, LLC PREPARED BY NO. REVISION BY DATE m t1 z �1 x z z o o HIDDEN CREEK DEVELOPMENT -CONCEPT PLAN /` YY YY m m < m � CENGINEERING ~ A m { SITE PLAN 895 TECHNOLOGY BLVD.,SUITE 203 BOZEMAN,MT 59718 r." A (4vc06)624J910 www. A Y cli....1.g.— BOZEMAN, MONTANA PROJECT NO.2024201 Erik Ringsak From: Dan Triemstra <danbevt@gmail.com> Sent: Saturday,June 29, 2024 8:55 PM To: Erik Ringsak Cc: seth@uhousingpartners.com; tyson@uhousingpartners.com Subject: Re: Hidden Creek - Ditch WARNING: This email originated from an external sender. Please use caution when clicking links or opening attachments. Hello all, I personally walked the irrigation ditch at the property referenced in your first email. Though the ditch is still intact going north from the Rest Home property line, there really is no ditch left to the south, along the property line and on towards Durston Road. As I have never been a water user on that ditch, I can not declare that it is abandoned. However, it appears that the infrastructure to get Farmers Canal water to the ditch has not been preserved, maintained or protected for some time. The responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each individual ditch. Farmers Canal Company has not turned water in to that ditch for at least twenty years. Currently, the terminus for Farmers Canal Company operations on the canal end at the Section Line ditch,just west of Rosauers. Dan Triemstra Secretary, Farmers Canal Company On Tue, Jun 25, 2024 at 5:41 PM Erik Ringsak<eringsak wwcengineering.com>wrote: Thanks Dan. Feel free to give me a call with any questions. NOW A PART OF MADISON /► ENGINEERING ~�]�TWC — ENGINEERING ERIK RINGSAK, P.E. 1 Civil Department Manager 895 Technology Blvd,Ste 203 1 Bozeman,MT 59718 0:406.586.0262 1 D:406.898.3446 1 C: 701.471.1099 www.wwcengineerina.com From: Dan Triemstra <danbevt@gmail.com> Sent:Tuesday,June 25, 2024 4:03 PM To: Erik Ringsak<eringsak@wwcengineering.com> Cc: seth@uhousingpartners.com;tyson@uhousingpartners.com Subject: Re: Hidden Creek- Ditch WARNING: This email originated from an external sender. Please use caution when clicking links or opening attachments. I will try to run into town tomorrow morning and take a look at that. Dan On Mon, Jun 24, 2024, 3:29 PM Erik Ringsak<eringsak wwcengineering.com>wrote: Dan, 2 Just checking in on the email below.Any update? Thanks, ERIK RINGSAK, P.E. I Civil Department Manager 895 Technology Blvd,Ste 203 1 Bozeman,MT 59718 0:406.586.0262 1 D:406.898.3446 1 C: 701.471.1099 www.wwcengineering.com From: Erik Ringsak Sent: Monday, June 17, 2024 6:13 PM To: danbevt@gmail.com Subject: Hidden Creek- Ditch Dan, Thank you for your taking the time to speak with me. The subject property is located right behind the Gallatin Valley Rest Home and South of Juniper Street. There is a ditch on the East side of the property. To my knowledge and from what has been stated to me, that ditch is no longer active or in use. 3 Just hoping to get your thoughts before we move forward with the application process to the City. Thanks, ERIK RINGSAK, P.E. I Civil Department Manager 895 Technology Blvd,Ste 203 1 Bozeman,MT 59718 0:406.586.0262 1 D:406.898.3446 1 C:701.471.1099 www.wwcengineerinci.com 4 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is executed by and between MAXEY LIMITED PARTNERSHIP,a Montana limited partnership("Maxey"), and UNITED HOUSING PARTNERS LLC, a Montana limited liability company, and its successor or assigns (collectively"UHP"), and is dated effective as of April , 2025. RECITALS A. UHP intends to acquire and develop two (2) multi-family apartment complexes (the "Projects") on 5.78-acres of real property located south of Juniper Street and north of West Durston Road within the City of Bozeman, Montana, and legally described on Exhibit A (the "UHP Property"). B. Maxey owns 57.6-acres of real property to the east of the Project located north of West Durston Road within the City of Bozeman, Montana d Gallatin County (the "Maxey Property"). A, C. In order to facilitate the development of the Projects, UHP has requested, and Maxey has agreed to: (1)UHP relocating the existing irrigation ditch that splits the UHP Property and Maxey Property Seven (7) feet to the east to permit UHP to construct a new public road, known as Oak Park Drive, connecting Juniper St. to the Projects' southern boundary (the "Ditch Relocation"); (2)UHP constructing a 5' tall fence using 7' 1.33 lb/ft weight steel T- Posts with anchors, With 6" x 9'pressure treated wood driver posts, set 8' on center (OC). (All posts shall be placed as follows: T-posts should be 2' in the ground; 9' driver posts should be 4' in the ground; and 10' gate posts should be at least 4' 6" in the ground.) The fence line will be constructed with the aforementioned five steel posts 8' OC alternating with one wood driveAMt 8' OC, five steel posts 8' OC alternating with one wood driver post 8' OC, and so on. 12 1/2 gauge 4' Bekaert Solidlock Hitensile field fence fixed knot mesh wire and Z strands of Red Brand barbwire on top, evenly spaced, will be used. Al ends, turns, dips and/or corners, posts will be 8" x 10' pressure treated posts with 6"x 6' pressure treated post bracing. Gate posts will be 8" x 10' pressure treated posts with 6" x 6' pressure treated post bracing. The gate will be 16' heavy duty mesh metal gate with a strand of Red Brand barbwire affixed to the top of the gate. The gate shall have a snap chain and welded chain latch. The fence will run as close as permitted to east border of the to be constructed Oak Park Drive running from the intersection of the property lines shared by UHP, Maxey, and Legion Villa along the entire western boundary of Maxey's Property from West Durston Road all the way to West Oak Street and include a gate at the south end of 121h Avenue (the "Cattle Fence"); (3) Maxey granting UHP a temporary license on and over the Maxey Property for UHP to stage and store construction materials during the development and construction of the Projects and for the access needed by UHP to construct Oak Park Drive and the Cattle Fence (the "Construction License" together with the Ditch Relocation and Cattle Fence (and gate) constitute the "Development Improvements"), the Construction License area shall be limited to a 2-acre area of the Maxey Property directly east of the UHP Property as shown in Exhibit B (see"Exhibit B"). By entering into this Memorandum, Maxey and UHP desire to express their intention to provide for the Development Improvements and to document the obligations of Maxey and UHP in connection therewith, as further set forth below. AGREEMENT NOW,THEREFORE, in consideration of the foregoing premises,the mutual promises and covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Instrument. To document and effectuate the Development Improvements,Maxey and UHP agree to work together in good faith to finalize an agreement (the "Development Improvements Agreement"). The Development Improvements Agreement shall provide that: (1)UHP undertake the Ditch Relocation; (2)UHP, for the material and installation costs of the Cattle Fence(and gate)and No Trespass igns every two-hundred feet along the Cattle Fence and that Maxey shall be responsible for the ongoing maintenance and repair of the Cattle Fence (and gate), No Trespassing Signs, and Ditch following UHP's construction and completion, and Maxey's acceptance thereof; and(3) Maxey shall grant UHP the Construction License and UHP shall pay Maxey Twenty Thousand Dollars ($20,000.00) for the Construction License, (4) at the conclusion of construction UHP shall remove all materials, iteAW, any temporary fencing installed in and around the material storage area, reseed the area with a grass mix acceptable to and approved by Maxey, and apply a single application of herbicide for weed control. It is understood and agreed by UHP and Maxey that the Development Agreement shall also provide that UHP shall obtain liability insurance from an insurance company acceptable to Maxey and in an amount acceptable to Maxey (but in any event not less than $2,000,000.00 per incident and $10,000,000.00 aggregate), vikerein Maxey is named an additional insured, prior to and during any and all constructioK activity on the UHP Property or the Maxey Property. 2. Closin e Development Improvements Agreement shall be put in place, at or within one year owing UHP's acquisition of the UHP Property. 3. Term. This Memorandum will continue for one year, and shall terminate earlier upon the occurrence of one of the following conditions: a. If Maxey and UHP sign a mutual consent to terminate this Memorandum, this Memorandum shall terminate on the date set forth in such consent; b. If either party breaches its obligations under this Memorandum, the non-breaching party provides the breaching party written notice of such fact and a 30-day opportunity to cure, and the breaching party fails to do so, then the non-breaching party may terminate this Memorandum by providing written notice thereof to the breaching party; or c. If UHP determines that the financing and/or construction of the Projects are not feasible, UHP may terminate this Memorandum by delivering written notice thereof to Maxey. Upon termination of this Memorandum for any of the reason cited above, neither party will have any ongoing obligation to the other with respect to this Memorandum. 4. Assignment. The parties hereto are each prohibited from assigning this Memorandum to any third party without the prior written consent of the other part! Notwithstanding the foregoing,UHP shall not be required to obtain such consent to assign its interests hereunder to affiliates formed by UHP for the purpose of developing the Projects provided that UHP shall remain liable to complete the Development ImprovWents unle specifically released of liability by the written agreement of Maxey. 5. Notice. All notices required or permitted to be given hereunder must in writing and must be delivered personally or by nationally recognized overnight courier or sent by United States certified mail, return receipt requested,postage prepaid and addressed to the parties at their respective addresses, and the saffIR shall be effective upon receipt if delivered personally, or on the next business day if sent by overnight courier, or three (3) business days after deposit in the mail if mailed. Marty may change its address for receipt of notices by service of a notice of such change in accordance herewith. 6. BindingE . This Memorandum reflects the entire understanding between the parties and may only be amended in writing, signed by both parties. This Memorandum is a contract and not merely an "agreement to agree". 7. Counterparts. This Memorandum may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. [The remain of this page has been left blank intentionally] IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date first above written. Maxey: Maxey Limited Partnership, a Montana limited partnership By: Name: Title: UHP: I United Housing Partners LLC, a Montana limited liability company lh% =0 By: Name: Title: A4 EXHIBIT A UHP Property TRACT B, CERTIFICATE OF SURVEY NO. 2439, LOCATED IN THE SW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M GALLATIN COUNTY, MONTANA. 30487594v1