HomeMy WebLinkAbout002 Response to Pre-Application CommentsGallatin Center Subdivision
Preliminary Plat
Application
2 – Response to Pre-App Comments
Included in this section are the design team’s responses to the Subdivision Pre-Application
comments dated March 3rd, 2025.
895 Technology Boulevard, Suite 203, Bozeman, MT 59718 | 406.586.0262
May 30th, 2025
City of Bozeman
Planning Department
20 E Olive St.
Bozeman, MT 59715
RE: Gallatin Center Subsequent Minor Subdivision Preliminary Plat – Response to Pre-
Application Comments.
Thank you for your comments dated March 3rd, 2025 for the Gallatin Center Subdivision Pre-
Application submittal. Please find WWC Engineering/Madison responses in blue below.
1. As proposed in Phase 1, Rawhide Ridge Rd will at minimum be required to have a compliant
temporary fire apparatus turnaround. Road length to dead end is over 150 feet.
Response: Comment Ref #6 states that North 27th Avenue must be constructed prior to
final plat approval. Rawhide Ridge Road will extend to North 27th Avenue making it a
through street rather than a dead end. If North 27th Avenue is not completed prior to the
Rawhide Ridge Road extension, the roadway will be barricaded at the start of the extension
near Max Avenue until North 27th is completed. Correspondence with the Fire Marshal has
taken place deeming this a viable option. Please see section 13-Phased Improvements, for
this correspondence and further details.
2. Existing stormwater detention facilities are not part of the current development boundary, and
no open space or easement was discussed in the narrative or sketch map. Please identify the
stormwater management techniques further.
Response: The stormwater techniques are identified in this submittal. Please refer to
section 29 – Stormwater Management.
3. Show the proposed stormwater utilities and retention/detention locations.
Sec. 38.220.030 3.a Utilities. The existing and proposed utilities located on and adjacent to the
proposed subdivision including: Location, size and depth of sanitary and storm sewers, water
mains and gas lines. Show easement, open space or common area where stormwater will be
managed. 38.270.090. Development or maintenance of common areas.
Response: The proposed stormwater utilities and retention/infiltration basin locations are
identified in section 29 – Stormwater Management included in this submittal.
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4. Engineering does not support any of the requested waivers from the information required by
BMC 38.220.060.
Response: Acknowledged. All required materials are included in this submittal.
Correspondence has occurred with the City of Bozeman to further clarify the submittal
expectations for certain items. Section 15 – Waivers, summarizes the information provided
in this correspondence.
5. The subject property is located within the 19th Avenue and Baxter Lane Intersection payback
district boundary. The subject property did not participate in the original cost of construction of
improvements and will be assessed a payback charge prior to subdivision approval.
Response: Acknowledged. The property owner has been made aware of this.
6. BMC 38.400.010- Prior to final plat approval, North 27th Avenue must be constructed from
Baxter Lane to Cattail Street along the project's west boundary. The construction is currently
scheduled in the City's capital improvement plan for 2025.
Response: The planned roadway improvements are designed in accordance with North 27th
Avenue plans.
7. The City is currently working to acquire the necessary easement to extend the shared use path
along 19th Avenue from Rawhide Ridge Road to Baxter Lane.
Response: Acknowledged. The draft easement has been provided to the property owner
and is currently being reviewed and coordinated with the City of Bozeman for finalization.
8. BMC 38.410.070- The applicant is advised that the water and sewer mains that would serve
this development may need to be upsized to accept the flows from this development. The City's
facility plans did not anticipate the flows that are associated with B2-M zoning; therefore, they
may be undersized for the proposed development. The applicant is also advised to consider any
developments that may be within the proposed subdivision when calculating the water and sewer
demand estimates. High density residential developments generally have higher demands than
the zoning demands given in the design standards.
Response: Water and sewer demand estimates for the subdivision are included in section
28 – Water and Sewer. These estimates account for anticipated development plans within
the subdivision. The City of Bozeman has stated that they will evaluate the existing system
to identify any required improvements to the existing infrastructure.
9. The initial stormwater management plan given by the applicant seems inadequate for the
improvements that are proposed. The applicant must present a plan with the preliminary plat
application that meets all of the City's stormwater design standards.
Response: Submitted with the pre-application was a conceptual plan intended to
characterize the general stormwater plan for the subdivision. The revised stormwater
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management plan is detailed in this submittal. Please see section 29 – Stormwater
Management.
10. BMC 38.410.040- The blocks that the applicant is proposing appear to exceed the block
dimension standards in this section. The applicant must revise the design to meet the block
dimension standards.
Response: A deviation request is included in this submittal regarding block length
requirements. Please see section 39 – Deviation Request included in this submittal.
11. The applicant has proposed two new watercourse crossings and abandoning an existing
crossing in this location. The applicant must reduce the number of crossings and use the existing
crossing for Sartain Street. North 25th Avenue must stay on the west side of the creek from
Sartain Street to Baxter Lane.
Response: The proposed roadway layout has been revised to utilize the existing crossings.
Additionally, the proposed new watercourse crossing is within future phases.
12. 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, Kate Frye for
additional information on construction requirements within the solvent site.
Response: Correspondence has taken place with these individuals regarding the solvent site
additional construction requirements. Based on this correspondence, the Record of
Decision (ROD) for the Bozeman Solvent Site did not identify any construction
requirements related to the Bozeman Solvent Site in the area of the project, unless a
dewatering permit is required. If a dewatering permit is required, additional information
will need to be acquired for the groundwater plume conditions. The correspondence is
included in section 22 – Groundwater included in this submittal.
13. 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 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
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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
if this option is feasible.
Response: No parkland, open space, street medians, or landscaped boulevards are
proposed with the subdivision. Landscaping and irrigation requirements will be addressed
with the development of the lots, in subsequent site plan applications. Correspondence with
Brian Krueger confirmed that no landscaping and irrigation will be required with
subdivision improvements.
For future development, the DNRC has been contacted regarding the feasibility of
irrigation wells within the subdivision. Because the subdivision lies partially within the
solvent site, it is likely that municipal water will be utilized for future irrigation needs.
14. The applicant must perform a flood study or flood hazard evaluation in accordance with
BMC 38.600.150 and submit the report with the preliminary plat application.
Response: A flood risk analysis report is included in this application, outlining the low-risk
of flooding within the subdivision. Please refer to section 21 - Floodplains included in this
submittal.
15. The applicant must meet the agricultural water user noticing requirements of BMC
38.360.280.
Response: Please see section 27 – Agricultural Water Users, which includes the
correspondence satisfying the noticing requirements of BMC 38.360.280.
16. The applicant must provide agricultural water user facility easements according to BMC
38.410.060.D.
Response: The necessary easements for agricultural water user facilities are currently
being pursued. West Catron Creek was previously realigned on the northern portion of the
subdivision; however, an updated easement reflecting the new location has not yet been
recorded. Please refer to Section 40 – Easements for the draft documents related to the
vacation of the existing easement, which no longer aligns with the stream, and the proposed
easement that accurately reflects the creek's current location.
17. The proposed development is adjacent to 19th Avenue which is an MDT facility. The
applicant has proposed constructing an access on 19th Avenue and must work with MDT
through the Systems Impact Analysis Process for the access and other impacts this development
will have on 19th Avenue. This analysis should include a signal warrant analysis at the Rawhide
Ridge Road and 19th Avenue intersection.
Response: The MDT has been contacted, and the Systems Impact Analysis Process has
been initiated for the proposed improvements. The MDT has requested additional time to
review the Traffic Impact Study prior to moving forward with the SIAP. All MDT
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requirements will be met prior to final plat.
18. BMC 38.270.030- Completion of Improvements. - The applicant must indicate how they
propose to meet the requirements of this code section. If the applicant would like concurrent
construction, the applicant must request it with the preliminary plat application. The request must
be made using the application form available on the Community Development website. The
applicant must also indicate whether all required improvements will be completed prior to final
plat or if some of the improvements will be guaranteed.
Response: Concurrent construction is requested with this application. The form from the
Community Development website is included in this submittal in section 13 – Phased
Improvements. This section also outlines the details of construction timing and completion
of improvements.
19. BMC 38.400.050- The applicant is advised that all streets providing access to the subdivision
must meet the City's right-of-way width and design standards. Any streets providing access to
the subdivision that do not comply with these standards must be upgraded to meet the standards.
Cattail Street does not currently meet the City's design standards.
Response: The City of Bozeman has been asked to clarify the extent of improvements that
will be required for Cattail Street. Recent developments adjacent to Cattail Street did not
require any street improvements to Cattail Street. We recommend that these Cattail Street
improvements be included with City of Bozeman improvements to North 27th Avenue
construction.
20. BMC 38.410.060- The applicant must provide any necessary right-of-way easements for the
North 27th Avenue construction project.
Response: The necessary public right-of-way for North 27th Avenue will be dedicated with
this subdivision, as shown on the plat drawing included with this submittal.
Correspondence with James Nickelson (Morrison Maierle) is in progress to finalize the
necessary construction and drainage easements for North 27th Avenue.
21. This lot was a remainder lot of Plat J-423, J-423A, and J-423B which collectively created 10
lots and were subdivided between 2006 and 2018. Bozeman Municipal Code enforces State
standards for determining the type of subdivision and the required review process, submittal
materials, and review timeline. MCA 76-3-609(2) clarifies that to qualify for minor subdivision,
a tract of record could not be divided into more than 5 lots before triggering the requirement for
Subsequent Minor or Major Subdivision review. Per Plat J-423, Plat J-423A, and Plat J-423B,
the tract of record in question has yielded 10 lots. Please prepare materials for a Major (or
Subsequent Minor Subdivision, as it follows the same process as a Major) in any future requests.
It is important to note that once the statutory limit of 5 lots has been met, even requesting to
create one lot by subdivision is considered a Major or Subsequent Minor Subdivision.
Response: Acknowledged. This application follows the requirements for a major
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subdivision.
22. Planning does not support any of the requested waivers from the information required by
BMC 38.220.060. A narrative response and supporting documentation is required with
preliminary plat submittal for all elements of BMC 38.220.060.
Response: Acknowledged. All required materials are included in this submittal.
Correspondence with the City of Bozeman has taken place to further clarify the submittal
expectations for certain items. Section 15 – Waivers, summarizes the information provided
in this correspondence.
23. The subject property is proposed to be zoned B-2M and R-5, as such there is potential for
residential development. The plans submitted suggest the potential for commercial, industrial,
and residential use. Please be aware that residential use will require a neighborhood center
compliant with Section 38.410.020.
Response: R-5 zoning is not proposed. The Zone Map Amendment application is
requesting B-2M zoning for the entire subdivision. Any proposed residential use will be
accompanied by a neighborhood center plan compliant with Section 38.410.020 with
subsequent site plan applications.
24. 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: Acknowledged. Correspondence with Brian Krueger has confirmed that
irrigation and landscaping will not be required with the subdivision. Future irrigation
supply will be addressed with subsequent site plan applications. The DNRC has been
contacted to verify the feasibility of a groundwater well for future irrigation needs on the
property, however domestic water will likely need to be utilized due to solvent site
constraints.
25. 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: Acknowledged. No landscaping or irrigation is proposed with the subdivision.
26. 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
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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: No irrigation is proposed with the subdivision improvements. For future
development, the DNRC has been contacted to verify whether exempt wells are a feasible
option for irrigation on the property. Because the subdivision falls within the Bozeman
Solvent Site boundary, it is likely that municipal water will be utilized for irrigation water
supply.
27. 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.
28. 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. Projects not deemed "adequate” by June 15, 2024
are now subject to these new code requirements. To familiarize yourself with these requirements
please visit https://www.bozeman.net/departments/utilities/water-conservation/new-
development-standards-3620.
Response: Acknowledged. Correspondence with Brian Krueger confirmed that
landscaping and irrigation will not be required with the subdivision improvements.
Subsequent site plan applications will include landscaping plans, which will encompass the
area within street boulevards.
29. It is difficult to tell where the proposed lots exist in relation to the existing
riparian/wetland/stream areas. All newly created lots need to have adequate developable lot area
that takes into account site constraints. See code sections below. BMC 38.320.020.A.1 states all
newly created lots must have a minimum area adequate to provide for required setbacks and
parking as set forth. BMC 38.410.030.A states each lot must contain a satisfactory building site
adequate for the uses permitted in its zoning district. In any formal submittal, please provide an
exhibit which denotes where environmental constraints exist in relation to the proposed lots.
Response: The proposed lots are anticipated to provide adequate developable areas once
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the watercourses are mitigated and aligned per any future development plans. Wetland
mitigation will not take place with this application. Developers will have the opportunity to
mitigate the wetlands and potentially realign the watercourse within the appropriate
regulatory constraints once development is planned.
30. Where a development is crossed by or is adjacent to a watercourse, the developer must
mitigate the impacts of the development on the watercourse. Refer to BMC 38.410.100 for
additional information. The applicant has provided a robust delineation, however, in addition to
delineating watercourse setbacks, if any wetland mitigation is proposed, provide a robust
summary of proposed measures in conformance with and detailing all required information
within Division 38.610.
Given the size and scale of the area and the complications which could arise otherwise, planning
expects that if wetland mitigation is to occur on the property, it will occur during subdivision
review and not on a site by site basis.
Response: The initial phase of the subdivision improvements does not involve any wetland
mitigation. At this stage, the most appropriate wetland mitigation approach cannot be
determined, as it is dependent on future development plans and site-specific needs. We are
requesting that wetland mitigation be included with future phases of development, when
the mitigation can be designed congruent with future site development plans. Phase 1 of
construction will not interfere with any wetlands, as existing permitted crossing is utilized
for the extension of Rawhide Ridge Road.
End of Response to Pre-Application Comments