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HomeMy WebLinkAbout3. IntroductionINTRODUCTION The proposed Flanders Mill Subdivision is a 295-lot major subdivision located on a 136.75 acre parcel legally described as Tract 1 of Certificate of Survey No. 2834 Located in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M, City of Bozeman, Gallatin County, Montana. The property is zoned R-3, R-4, and PLI. Of the 295 lots, 292 are proposed as single family lots, 2 are multi-family lots, and 1 the public lands and infrastructure lot is being created along the boundary of the existing NorthWestern Energy easement. Open Space areas are provided throughout the subdivision for pedestrian connectivity, wetlands preservation and mitigation, and stormwater retention areas. In addition, over 12 acres of dedicated parkland are being proposed. This subdivision is intended to meet the goals and ideals outlined in the City’s adopted growth policy, the “2020 Community Plan” and the standards included in the City of Bozeman Unified Development Ordinance. RESPONSE TO PREAPPLICATION COMMENTS Please find below the responses to comments received from the City of Bozeman during the preapplication process. Original comments are in normal type. Responses are in italics. DEPARTMENT OF COMMUNITY DEVELOPMENT COMMENTS 1. A partial waiver to the supplemental information under Section 38.41.060, BMC is recommended to be granted with this pre-application plan review application for: 1) Floodplains, 2) Groundwater, 3) Vegetation, 4) Wildlife, 5) Historical Features, and 6) Affordable Housing. A waiver to the supplemental information for the following are not granted: 1) Geology/Soils, 2) Agricultural water user facilities, 3) land use, 4) Neighborhood Center Plan, and 5) Miscellaneous. Please make sure to address all other applicable supplemental information as set forth in Section 38.41.060, BMC, which has not been waived. These partial waivers have been noted. Additional subdivision preliminary plat supplements which have not been waived are addressed in this submittal. 2. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats 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 certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. 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 BMC or State law. These final plat requirements have been noted. 3. The area used for the substation is by subtraction of the balance of the property becoming an independent lot. Please include it in the drawings, description, and lot count for the subdivision. The substation area is show in the drawings, description, and lot count for Flanders Mill Subdivision. 4. All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces. Open Spaces have been designated as OS A, OS B, OS C, etc. 5. 38.08.080 “Minimum Density” – Please include with the final plat explicit calculations to demonstrate how this requirement has been met. The final plat will include explicit calculations to demonstrate that minimum density requirements have been met. 6. 38.23.040.B “Block Length” – Blocks fronting Ferguson Avenue and Flanders Mill Road exceed the maximum length of not more than 400 feet in length. With the Preliminary Plat please provide a narrative showing how the design meets this code provision or the allowance for exceeding the distance finding that the existing conditions limit the orientation and design of the proposed blocks. If the alternative compliance can be shown, a variance to this section is not necessary. Please refer to Section IV of this submittal, which contains a narrative discussing how alternative compliance has been achieved. 7. 38.23.040.C “Block Width” – Block fronting Flanders Mill Road are less than the required width of 200 feet. With the Preliminary Plat please provide a narrative showing how the design meets this code provision or the allowance for exceeding the distance finding that the existing conditions limit the orientation and design of the proposed blocks. If the alternative compliance can be shown, a variance to this section is not necessary. Please refer to Section IV of this submittal, which contains a narrative discussing how alternative compliance has been achieved. 8. 38.23.040.E – Block numbers are required. Block numbers are shown on the preliminary plat included with this submittal. 9. 38.23.040 – Pedestrian right-of-way used to meet block length standards must be at least 30 feet wide or the adjacent lots must provide 15 foot yards adjacent to the right of way. Pedestrian right-of-way surfacing is concrete. Pedestrian access is provided with trails through open space areas. A note has been included on the plat stating that “All open spaces shown are public access easements.” 10. All undeveloped areas reserved for future subdivision phases, open space and other common areas to be owned and maintained by the home owner’s association will need to be identified on the preliminary plat as “common areas” or “common open space.” Open Space areas have been clearly labelled as OS A, OS B, OS C, etc. 11. 38.27.030 “Park and Recreational Requirements” – On January 3, 2014 the Recreation and Parks Advisory Board (RPAB) considered the request and provided feedback. Several questions were identified to be addressed with the preliminary plat submittal. Flanders Mills Park Plan notes: a. In general the Board needs additional information on the project to provide any meaningful comment on the parkland. The Board stated it willingness to re-evaluate the project with additional information or preferably with a representative present. b. Diamond Estates Subdivision is deficient in Parkland dedication. Is it the intent of Flanders Mill to provide the additional parkland to make up the difference? The total remaining Parkland Requirement for Diamond Estates is 5.18 acres. Flanders Mill requires 11.10 acres of Parkland. Flanders Mill Subdivision will be providing 36.38 acres of Parkland and Common Open Space. This combined area exceeds the requirements by 20.10 acres. c. The Board is concerned about the location of the power lines. What, if any, plans are in the works for relocating, burying or other for the power lines? No easements shown. Are easements in place? Trails, sidewalks, streams and wetlands are all being designed to avoid interference with existing utilities. There are existing easements as shown on the preliminary plat drawing; however, it appears that some power pole locations on Flanders Mill Road and Baxter Lane fall outside of these easements. The power pole at the future intersection of Oak Street and Flanders Mill Road will need to be moved. d. With the proximity to the Regional Park, and the proposed soccer field to the west the Board is receptive to reducing the proposed concept of less active park area and providing more linear and passive parkland for the subdivision. However, this statement is contingent on providing sufficient connectivity to the surrounding community which may include NOT supporting the loss of the existing park area on the southwest corner of Oak and Ferguson (or fewer lots than proposed). The Applicant is not requesting any reduction in requirements or programming. e. Proposed Park #2 appears to be isolated. Board concerned about being required to cross a road to access. Question of whether or not parking will be allowed adjacent to park. This central park will be one of two developed park parcels and will be designated as the Community Center. Parking will be available along 100% of its perimeter. f. Park area #1 appears to be mostly wetlands and high ground water area. Are the ponds shown on the proposed plat for recreation, storm water retention/detention or other function? The ponds shown here will be of two different characters and will be used for both stormwater and recreation. The west pond is shallower and will look more like wetlands than open water. The east pond will be deeper and act as a more visually interesting feature as well as affording the potential for ice skating in the winter. The ponds are being designed in conjunction with the wetlands mitigation to maximize their usefulness for recreating and ecological function. 12. Connectivity of park lands to adjacent park areas within and adjacent to the proposed development are very important. Please provide a specific connectivity plan drawing and description depicting the adjacent and internal parks and the character of the connections being provided, e.g. trail, sidewalk, and how those will be installed and maintained. Connectivity of park lands has been considered in the design of the park lands. Please refer to Parks Master Plan for information on this topic. 13. Any preliminary plat submittal shall clearly describe how parkland is being provided; what improvements are being constructed, address how maintenance is being implemented and who is responsible, and include the anticipated parkland improvements with the future phases of the subject property, if applicable. Please refer to Parks Master Plan document for this information. 14. Before construction of any park improvements may occur all required regulatory permits shall be in hand and the contractors shall have conducted a pre-construction conference with the City of Bozeman Parks Department. The Applicant will comply with these requirements. 15. 38.27.020 “Park Area and Open Space Requirements” - Based on the proposed residential lots being created for the purposes of single family detached dwellings, 0.03 acres per dwelling of dedicated parkland or approximately 9.771 acres of parkland or equivalent are required to be provided with the preliminary plat. Please refer to the Parks Master Plan for a complete discussion on Parkland and Open Space requirements. 16. 38.27.070 The plat depicts 24.234 acres, however, these areas include watercourse corridors which do not count towards required parkland dedication. A specific calculation of required parkland and how it is to be met shall be provided with the preliminary plat. This needs to include calculations deducting non-qualified lands from the park area. Please refer to Parks Master Plan for a complete discussion of approach for meeting all requirements. The Developer has met with City Parks and Planning staff and was encouraged to use Section 38.27.100 of the UDO to satisfy all requirements. Flanders Mill will improve and maintain an area of Parkland and Common Open Space that exceeds the required area by 20.10 acres. 17. Section 38.27.060 requires that parkland have street frontage along 100 percent of its perimeter. The City Commission can consider decreased frontage when necessary due to topography, critical lands, the provision of pedestrian access, and the provision of parking. However, park frontage can never be less than 50 percent. Calculations for off-setting land area must be provided when there is less than 100% frontage. The applicant should provide the calculation and allocations for parkland dedication with the preliminary plat application. The North park parcel (Community Center) will have parking along 100% of its perimeter. The South park parcel will have parking along 50% of its perimeter. The majority of park amenities in the South park parcel are on Tanzanite Drive which is a 35’ wide street section with parking on both sides. This parcel is also served by no less than 12 sidewalk and trail connections making it the most well connected parcel in the entire subdivision. The South park parcel faces difficulty with parking because of its adjacency to Oak Street, where on-street parking is not allowed. Additionally, the east border of the park is residential lots. Please refer to the Parks Master Plan and related landscape drawings for more information. 18. 38.24.040 A name for the local streets will need to be reviewed and approved by the City Engineer’s Office and County GIS. Local street names will be submitted to the City Engineer’s Office and Gallatin County GIS department for review and approval. 19. 38.23.180 - Water rights or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the final plat. This may be provided in phases as described in this section. Water right or cash-in-lieu thereof, as calculated by the Director of Public Works, will be paid with final plat for each phase. 20. 38.38 Supplemental documents a. The first recorded phase of the subdivision shall recording of covenants include the entirety of the subdivision as within the area of the covenants for the responsibilities relating to maintenance of common areas. Covenants recorded with the first phase of the subdivision will apply to the entirety of the subdivision for responsibilities relating to maintenance of common areas. b. A copy of the draft covenants and property owner’s association documents will need to be included with the preliminary plat application to address the maintenance and upkeep of all common areas, boulevards, boulevard landscape, etc. Five hard copies of the draft covenants and property owner’s association documents have been include with this submittal. c. The covenants shall include a section specifically identifying those land parcels to be owned by the property owners association and a description of maintenance for those parcels for which the property owners are responsible including any special wetland mitigation requirements. d. There shall be a section clearly identifying those portions of the covenants to which the City is a party and which may not be changed without City approval. e. The documents shall include a clear schedule upon which the developer will transition the control of common areas and the association to the association members. This will include the means by which notification will be made and the timing in which the transition will occur. f. The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages as outlined by Section 38.25.020.A, BMC. g. Section 38.38.030 “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 Planning Office 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 and “no basement restriction”, 9) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 10) noxious weed control, 11) parking within residential structures, and 12) 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 comments above have been incorporated into the CC&Rs. A draft copy of the CC&Rs will be submitted to the Community Development Department prior to submittal of the final plat application. 21. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) owned and maintained by the property owner’s association and noted accordingly in the protective covenants. This may be included in the open space common area containing the watercourse along South 19th Avenue. Proposed storm water facilities will be constructed and contained within the open space areas and park lands. 22. 38.23.130 “Fences” – The existing agricultural fence will need to be removed prior to final plat of each portion of the project. A coordinated perimeter fence style is suggested. If fences higher than 4 feet are permitted by the covenants, the area above 4 feet should not be solid so as to provide visual access to the outside. Existing agricultural fences will be removed prior to final plat for each phase of the project. Please see the Park Master Plan for proposed fencing concept. 23. 38.24.020. “Street and Road Dedication” – Street cross sections and rights of way need to comply with the standards or be proposed as a PUD. The unusual existing cross section for Annie street may provide a justification for an alternative. Please coordinate with City Engineering. Per discussions in a meeting held on March 7, 2014 (Mark Chandler, Walter Wolf, Scott Bechtle, Craig Woolard, Dustin Johnson, and Anna Rosenberry), it is our understanding that the non-standard right-of-way and road section are being supported by Planning and Engineering. 24. 38.24.030 “Intersections” – The intersection of Annie Street will require an adjustment to meet as required by this section. The adjustment can occur on either the east or west side. The proposed Annie Street intersects both Ferguson Avenue and Flanders Mill Road at approximately 90 degrees and matches the alignment of the existing Annie Street to the east. 25. 38.24.110 “Transportation Pathways” – The proposed Class I perimeter trails are considered transportation pathways. A 25 foot public trail easement is required. A variance to Section 38.24.080 to not install a standard location sidewalk is required. The Class I trails are an alternative compliance approach which should be discussed in the response to the Subdivision Variance criteria of Section 38.35.070. A variance request is included in section IV this preliminary plat application. As noted on the face of the preliminary plat drawing, a blanket public access easement will be placed over all open space areas and includes all trail areas. 26. 38.23.150.C “Lighting” – the SLID for all local subdivision streets shall be updated to include all new lighting. The application for the creation of the SILD should be made immediately following the approval of the preliminary plat. An application for creation of a new SLID or annexation to an existing SLID will be made following approval of the preliminary plat. 27. 38.26.070 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application. Landscaping shall be installed prior to the final plat or financially guaranteed. The developer will follow all requirements as set forth by the City of Bozeman. 28. If any subdivision identification signs are proposed they must be on private property. Subdivision identification signs are subject to 38.28.060. Proposed subdivision identification signs will be installed in Open Space areas. 29. 38.41.050.A.8 “Noxious Weed Management and Revegetation Plan” – Because of the existing problems with noxious weeds in this area, please include in the supplemental information clarification that the control of noxious weeds will apply to all areas of the subject property, including those lands not included with the pre-application plan review. Control of noxious weeds should be coordinated with the County Weed Control office and should be implemented immediately in the spring. As described in the attached Noxious Weed Management Plan, control of noxious weeds will apply to all areas of the property. For more information, please refer to the Noxious Weed Management Plan in section IV of this submittal. 30. The approval or disapproval of the submitted 404 permit will have a material effect on the design and any related conditions of approval for the subdivision. The approved 404 shall be submitted as part of the preliminary plat per Section 38.41.060.A.1.e. A 404 permit application has been submitted to the US Army Corps of Engineers and is included in Appendix A. As discussed with Planning staff, a letter from the Corps of Engineers has also been included. This letter states that the Corps is amenable to the project. 31. A variance to the wetland and watercourse setback is reviewed as a zoning variance. The submittal must respond to the criteria of Section 38.35.060.C. The submittal must clearly indicate the location of requested variance, extent of the proposed change, and the justification for the variance. A request for a variance to the wetland and watercourse setback in included in section IV of this submittal. 32. It has been discussed to possibly relocate the Baxter-Border ditch to flow through the development. If such is proposed the necessary ditch maintenance easements shall be provided as well as the required certifications as to the continued quantity and quality of water flowing through the project. A letter from the ditch owner shall be provided with the preliminary plat agreeing to the relocation. As shown on the preliminary plat drawing, no relocation of the Baxter-Border ditch is planned. 33. Ferguson Avenue shall be constructed in a three lane configuration per the transportation plan for a collector street. Please coordinate with City Engineering for design and timing of construction questions. The project is listed on the necessary documents to support impact fee participation in project funding. An impact fee credit request would need to precede any construction. Ferguson Avenue will be constructed in a three lane configuration per the Transportation Plan for a collector street. The Applicant has been coordinating with City Engineering concerning design and timing. 34. Contact the Sanitation Superintendant, Kevin Handelin regarding the turning radii on the possible alleys. According to the Sanitation Superintendent, the curb-to-curb turn radius of the trucks is 32.4 feet. Using the full alley width, curb-to-curb turning radii of 33 feet have been provided in the alleys. 35. Please contact the Water and Sewer Superintendant, John Alston, regarding the potential relocation of the existing sewer main which crosses the property. As shown on the preliminary plat drawing, no relocation of the existing sewer main is planned. 36. The final plat shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, E, F, G and H. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________(To be filled in when recorded) By: (Subdivider) Date: _____________________________ The final plat will include this certificate. STANDARD CODE PROVISIONS The preliminary plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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 deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the preliminary plat application: 1. Per Section 38.02.050 "Disposition of Water Rights” – The site has been irrigated and it has been indicated that water rights are attached to the property. The disposition of the water rights must be addressed. A related issue of municipal 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. There are no water rights attached to the property. Water rights, or cash-in-lieu thereof, will be transferred with the filing of each subdivision final plat. 2. Per Section 18.16.040.B, most residential zoning districts require a minimum lot width of 50 feet, except for townhouse lots, measured in a straight line between side lot lines at the points of intersection with the required front building line. With the preliminary plat application, please ensure that all lots have adequate lot width. All lot except townhouse lots have been provided with a minimum lot width of 50 feet, as dimensioned on the preliminary plat drawing. Special attention was given to ensure cul-de-sac lot have adequate lot width. 3. Per Section 38.21.060.C.2, BMC, a 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy. Oak Street and Baxter Lane are designated as arterial streets. A 25-foot front yard or corner side yard has been provided for lots adjacent to Oak Street. No lots are adjacent to Baxter Lane. There is an Open Space with a minimum width of 30’ between Baxter Lane and the lots. 4. Per Section 38.21.060.C.1, all buildings located on a corner lot shall provide a corner side yard. Please ensure that all corner lots are large enough to provide an adequate building envelope. All corner lots have been checked and are large enough to provide an adequate building envelope. 5. Per Section 38.08.040.A each lot must have a buildable lot area of at least 50% of the minimum allowed lot size. This needs to be verified with the preliminary plat. All lots have been verified to have a buildable area of at least 50% of the minimum allowed lot size. 6. Per Section 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. Further, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots. All corner lots have sufficient width to permit appropriate building setbacks from both streets. A note has been included on the preliminary plat stating that “Corner lots shall be oriented with the front of the lot facing toward the narrower of the two street frontages unless otherwise noted.” 7. Per Section 38.23.060, 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. Please provide documentation that the proposed easements are adequate to address the existing overhead power lines. The required 10-foot front yard utility easements have been provided as shown on the preliminary plat drawing. Existing overhead power lines will need to be moved into existing easements or an agreement worked out with NorthWestern Energy to provide an easement encompassing the locations of existing overhead power lines. 8. Per Section 38.23.080.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 and maintained by the property owner’s association and noted accordingly in the protective covenants. Storm water facilities are subject to minimum landscaping requirements. Proposed storm water facilities will be constructed and contained in open space areas or parkland owned and maintained by the property owner’s association. 9. Per Section 38.23.120, 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. The developer will work in cooperation with USPS to provide off-street areas for mail delivery. 10. Per Section 38.23.150.C “Lighting” – the SLID for all local subdivision streets shall be updated to include all new lighting. An application for creation of a new SLID or annexation to an existing SLID will be made following approval of the preliminary plat. 11. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat. An approved Noxious Weed Management Plan is included in section IV of this submittal. 12. Section 38.39.030 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. Non-completion of required improvements may result in restriction on the issuance of building permits. The developer is aware of these requirements. 13. 38.39.030.B.2 Sidewalks. The final plat and homeowner’s association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.” This language is included in the General Notes on the preliminary plat drawing and will be included in the final plat and homeowner’s association documents. 14. 38.24.050 – All sidewalks located along parks, common spaces, or otherwise not adjacent to a private lot shall be installed prior to final plat or financially guaranteed. All sidewalks located along parks, common spaces, or otherwise not adjacent to a private lot will be installed prior to final plat or financially guaranteed. 15. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall be submitted with the preliminary plat application for review and approval by the Department of Community Development and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, public parkland/open space corridors, mail delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association is included in in this submittal. 16. Section 38.41.060.A.13 requires that the preliminary plat application be accompanied by a written statement from all relevant utility companies indicating that service can be provided. Letters requesting comments on their ability to service this subdivision have been sent to the relevant service providers. Responses received are included in Appendix G of this submittal. 17. Section 38.41.160 - All materials outlined in 38.41.160 shall be submitted for any variance to the Bozeman Municipal Code that is requested with the preliminary plat. All materials outlined in 38.41.160 are included in this submittal for the requested variances. 18. Section 38.41.060.A.16 describes the required contents of the Park Master Plan. Given the complexity of the park proposal for this site please give great care to preparing a full and complete response to this requirement. Care has been taken to prepare a full and complete Park Master Plan. Please refer to the Park Master Plan included with this submittal for more information. 19. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. Care has been taken to ensure that all preliminary plat requirements have been provided with the preliminary plat submittal. 20. A complete preliminary plat application shall be submitted to the Planning Department within one calendar year of the date the Planning Department dates, signs and places pre-application comments in the outgoing mail. This preliminary plat application is being submitted within one calendar year of the date the Planning Department dated, signed, and placed pre-application comments in the outgoing mail. 21. All subdivision applications are reviewed against the Montana Subdivision and Platting Act, Bozeman Municipal Code, the Bozeman Community Plan and all other land use and facility plans and standards adopted by the City. The subdivision application will be routed to all local utilities and agencies for review. The applicant is aware of these procedures. Preliminary Plat Submittal Requirements: • Section 38.41.010 “General” - The preliminary plat application will include the necessary sets of the plans for all of the applicable information as outlined in Article 41, BMC except for as detailed in the following: o Twenty full sets of the application, plans and two digital versions on CD-ROM (JPEG or PDF). Make sure the digital versions of all the supplement information are separated into individual files not greater than 5 MB and not one large file. o Two sets of the 20 full sets shall include full size drawings of the preliminary plat and certificate page, landscape plans for open space corridor and external perimeter streets, master utility plan, master stormwater facilities master plan, street lighting plan, street profiles and all other applicable information and data necessary for a complete review of the application. The remaining 18 sets may be reduced 11” by 17” copies. o Twenty digital copies of all the drawings and supplemental information from the original preliminary plat application shall be included in each packet or folder. The draft copy of covenants, restrictions and article of incorporation for the home owners association, along with any landscape and building design guidelines may also be included in the digital copies, with exception of five hard copies of the documents for review by the Department of Community Development and DRC members. The necessary set of the application have been provided in this submittal. ENGINEERING DEPARTMENT COMMENTS GENERAL: 1. A written narrative shall be submitted describing what improvements will be completed with each phase of the subdivision. Each phase must address paving, drainage, access and other site improvements independently prior final plat. Please see phasing narrative in Appendix I. 2. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. The developer is aware of this requirement. City standard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. This language has been included on the face of the plat and in the covenants 3. This property is located within the following payback districts: a) Baxter/N. 19th Signal b) Meadow Creek Sewer c) Valley West Water d) Valley West Sewer e) Valley West Street The location of the property within these payback districts has been noted. STORMWATER: 4. A stormwater master plan will be required at the time of development. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. A preliminary stormwater layout and design report have been included with this submittal. The construction drawing submittal will include sizing of retention/detention basins and the layout of the stormwater collection system. 5. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form, the appropriate fee, and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana. A State of Montana Storm Water Pollution Prevention Plan (SWPPP) may be submitted instead of a City of Bozeman SMP, however the City of Bozeman fees still must be submitted. All necessary City of Bozeman forms and permits can be found on the City’s website at www.bozeman.net. A SWPP will be submitted to Montana DEQ and a copy provided to the City of Bozeman prior to construction. WATER AND SEWER: 6. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall 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 pre-construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. The Applicant is aware of these requirements. Plans, specifications, and a detailed design report for water and sewer main extensions, storm sewer, and public streets will be provided to the City Engineer and Montana DEQ for review and approval prior to construction. 7. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants. The location of and distinction between existing and proposed sewer and water mains, easements and nearby fire hydrants will be clearly and accurately depicted. 8. Easements needed for any water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to Final plat approval and shall be shown on the plat. The easement requirements for water and sewer main extensions located outside of the right-of-way have been noted. 9. All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. All water main extension of more than 500 feet will be fully looped. Water and sewer mains will be extended to the property lines where necessary to accommodate for future extensions and looping. 10. Prior to final plat, cash-in-lieu of water rights will be required to be paid in accordance to UDC section 38.23.180. The applicant may also transfer to the city of ownership of water rights adequate to provide the volume of water the development will require. The Applicant is aware of this requirement. Water rights or the equivalents cash-in-lieu amount will be transferred or paid prior to final plat. 11. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing with not be allowed. This requirement has been noted and will incorporated into design as construction plans are created for each phase 12. Any existing water or sewer mains that will be relocated with this development will be required to be relocated in a public street right of way or an alley as approved by engineering and the water/sewer superintendent. Currently, there are no plans to relocate and existing water or sewer mains. Streets and alleys have been laid out so that the existing sewer main falls within the street rights-of-way and alleys. STREETS, CURB & GUTTER AND SIDEWALKS: 13. 60’ of dedicated public right of way is required for all public local streets. A minimum of 60’ of dedicated public right of way has been provided for all public local streets. 14. A detailed Traffic Impact Study for the proposed development, including an updated level of service evaluation, shall be provided. A detailed Traffic Impact Study was prepared by Marvin and Associates in November 2013 and is included in Appendix E of this submittal. 15. A one foot “No Access” strip is required for all lots fronting/backing onto Oak Street, Ferguson Avenue, and Baxter Lane. No lots front directly onto Ferguson Avenue or Baxter Lane. A one foot “No Access” strip has been added along Oak Street as shown on the preliminary plat. 16. Ferguson Avenue shall be constructed to match the existing section currently in place to the south of this development. That section calls for 48’ back of curb to back of curb, with 10’ driving lanes, bike lanes, and 15’ double left turning lane. The applicant has requested that a non-standard shared-use path be allowed for Ferguson in lieu of sidewalk and public works is supportive of this. All designs of public infrastructure will be reviewed and approved with a separate public infrastructure submittal at the time of preliminary plat. As discussed in a meeting held on March 7, 2014 (Mark Chandler, Walter Wolf, Scott Bechtle, Craig Woolard, Dustin Johnson, and Anna Rosenberry), Ferguson will be built to the 62’ standard section including a 14’ turning lane. This section is shown in Fig 9-14 of the Greater Bozeman Area Transportation Plan. The construction drawings for Ferguson will be completed after preliminary plat approval. 17. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. Street names will be submitted to the City Engineer and Gallatin County road office for approval prior to final plat approval. MISCELLANEOUS 18. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. A SWPPP will be prepared and submitted to Montana DEQ for approval prior to construction. The Developer is aware of the responsibility to demonstrate permit compliance. 19. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. A 404 permit application has been submitted to the US Army Corps of Engineers and is included in Appendix A. 310 permit applications are being prepared. 20. Detailed review and approval of the construction plans will be part of the infrastructure plan and specification review process for each phase. Construction plans will be submitted for each phase for review and approval by the City Engineer. 21. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. The developer will provide a copy of the final plat to the City of Bozeman GIS Department to facilitate address assignment. 22. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Any necessary private utility easements that will be required to serve the subdivision shall be shown. A private utility plan will be included in the construction plans submitted for each phase. Private utility easements will be shown on the construction drawings and final plat for each phase. 23. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. A lighting plan is included in Appendix H of this submittal. 24. Any alteration or realignment of the existing ditch(es) within the development shall follow the guidelines within UDC 38.23.060, more specifically UDC 38.23.060.D.3. A 20’ wide ditch easement has been provided for the proposed realignment of Baxter-Border Ditch. Prior to final plat, a professional engineer will certify that the amount of water entering and exiting this portion of the Baxter-Border Ditch is the same as before the realignment.