HomeMy WebLinkAboutDevelopment Impact Fee Appeal of Administrative Decision - Nelson Meadows Subdivision CITY OF BOZEMAN
DEVELOPMENT IMPACT FEE
Appeal of Adminstrative Decision
Date Recieved
Day .5* Months Year 3gaj
Applicant BARTIMCO PROPERTIES/SAWMILL
Street/P.O. Box 701 Gold Avenue
City/State/Zip Bozeman, MT 59715
Property Owner Same as Applicant
Street/P.O. Box
City/State/Zip
Legal Desc. Nelson Meadows Subdivision
Site Address Nelson Road, Bozeman MT 59718
Project Title Nelson Meadows Subdivision #20-457 - Impact Fee Cr Edit
Project Desc. Impact Fee Credit
Reason for Appeal-additional sheets may be attached if necessary.
Please consider this form, with fee, the attached letter and
all exhibits as the appeal from the denial of request for
impact fees . The identified terms exceed the City ' s regulations ,
were required by the City of Bozeman and exceed the impacts
of the subdivision.
Applicant
AM DATE
Property Owner (('�//- 7�
DATE
Appeal fee of$500 shall be submitted with this form. Should the appeal be granted
the fee will be refunded.
SUSAN B. SWIMLEY 1807 West Dickerson, #B
Bozeman MT 59715
Attorney and Counselor At Lary Phone: (406) 586-5544
Facsimile: (406) 586-3130
January 4, 2020
Bozeman City Commission
Attention: Mike Maas
121 North Rouse
Bozeman,MT 59715 RE: Appeal—impact fee credit
Request—denial (project#20-457)
Dear City Commission:
Attached please find the appeal form, $500 fee and documentation of the appeal from the
denial of the request for impact fee credit for Nelson Meadows.
The subdivider appeals the City's denial of impact fee credit for the following items set
out in BarTimCo Properties, LLC December 4, 2020 letter identified as follows:
#4 Required dedication of right of way, instead of easement, on northerly boundary of
Nelson Meadows Subdivision;
#5 Requiring subdivider to construct Nelson Road to collector when local street standard
accommodated the Nelson Meadows Subdivision impact;
#6 Requiring dedication of Prince Lane,which was not required by City regulation and
does not connect to another public street,road or highway;
#7 Construction cost of expanding Nelson Road to collector when local street standard
accommodated the Nelson Meadows Subdivision impact;
#8 Construction cost of Prince Lane,which was not required by City regulation and does
not connect to another public street,road or highway;
Each impact fee credit item exceeded the City's subdivision regulations and the
proportionate impacts of Nelson Meadows Subdivision. Initially,the City denied the request and
waited approximately six (6)months to inform the subdivider. The City then reconsidered the
request and City Manager Mihelich denied the request on December 18, 2020.
The appeal is timely filed.
In addition to the information set forth in the attached documentation,the requested
impact fee credits were erroneously denied as "project related improvements". The
improvements, for which credit is sought,were demanded by various City of Bozeman personnel
as subdivision conditions. Each exceeds the minimum improvements needed to service the
Nelson Meadows Subdivision project and has been denied for reimbursement of the respective
requirement.
Prince Lane is an easy example. Prince Lane is not required by any regulation. Block
length could have been and was initially approved as a pedestrian/multi—access pathway to
meet the block length requirements. City engineering required the installation and dedication of
a full city street, which does not connect to any other street,road or highway. The connection
will not be made as MRL owns the intervening land and refuses to grant access to the Frontage
Road,which is controlled by MDT. MDT denied the request to connect. With all of that
information,which was presented, City Engineering staff continued to require the construction
and dedication of a street to nowhere,which serves no purpose and exceeds the City's
regulations. Thus, determinations of Item Nos. 6 and 8 above were made in error.
Additionally, Item Nos. 5 and 7 pertaining to the determination that Nelson Road be
constructed to a"collector" standard as opposed to a local street standard was in error. The
subdivision as proposed can be adequately accommodated with a local road standard. Nelson
Meadows is entitled to the impact fee credit for the difference between the land dedication of the
local road with a collector road, because expanding Nelson Road to the "collector"road width
serves no purpose and exceeds the City's regulations and requirements for service to the
subdivision.
Finally, Item No. 4 pertaining to the determination that a 30' dedicated right of way, as
opposed to an easement,be dedicated on the northerly boundary of the Nelson Meadows
Subdivision exceeded the City's needs. The demand of a right of way rather than easement not
only precludes the Applicant's ability to sell approximately 1.41 acres of land,but the right of
way itself leads to a dead-end. In email dated July 25, 2018, identified as Exhibit A,the City
admitted that the taking of a fee title would not further the needs of the community. Thus,the
determination was made in error because it serves no purpose and exceeds the City's regulations.
Thank you and we look forward to resolving this issue amicable.
Since ely,
Susan B. Swimley
Encl.
Page 2 of 2
BARTIMCO PROPERTIES, LLC
December 4, 2020
Mr. Chris Saunders
Assistant Planning Director
City of Bozeman,MT
20 E. Olive Street
Bozeman, MT. 59771
Mr. Jeff Mihelich
Bozeman City Manager
121 N Rouse Avenue
Bozeman,MT 59715
Nelson Meadows Impact Fee Credit—supplemental application#3
Gentlemen,
Thank for you reconsidering our September 17,2019 request to obtain Impact Fee Credits from the City for Nelson
Meadow subdivision. As you know, after this initial request submission, Nelson Meadows was not informed that
our application had been considered by the City until February 24,2020,when we received,by email,the results of
the City's process summarized by Shawn Kohtz's "sticky notes"memo, attached hereto. See Exhibit Kohtz, email
to M. Ekstrom 2.20.2020. We have previously provided you all Exhibits referenced herein and will make them
available to you upon request. We strongly believe our request is justified and appreciate your reconsideration of
these items.
Therefore, the following summarizes our amended request for Impact Fee Credits with which we may be able to
receive partial reimbursement by selling these credits to the Buyers of Nelson Meadow lots during their application
for Building Permit. We propose to use this summary as our agenda for next Thursday's(12.10.20)4:00 pm meeting
with you...location of the meeting has vet to be confirmed. We will call you next week to establish the location.
To that end, Barnard Construction Company's corporate headquarters (701 Gold Ave) has numerous large
conference rooms that would easily provide social distancing. We would be more than happy to host this meeting.
The following summarizes our revised request for your consideration.
#1 - COB request to increase Water Service from 8" to 16". To facilitate future development in the area, COB
requested that Nelson Meadows increase the size of the water service to the development from 8" to 16". In the
interim,we have received partial reimbursement from the City in the amount of$339,363 for`oversizing' the water
main. Therefore, No Impact Fee Credit regarding this matter is requested.
#2 -Additional costs resulting from the City's request to upsize the water line. The costs associated with
the replacement and manufacturing of the increased size of PRV were $150,425 and the costs associated with
excavating,removing and replacing the connecting tee were an additional$7,831.43 for a total of$158,256.43.
We have been informed by Morrison Maierle that we will soon receive a COB check in the amount of$155,000.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
Assuming this information regarding our imminent receipt of a $155,000 from COB is accurate, we will
withdraw our request. No Impact Fee Credit regarding this matter is requested at this time.
#3 - Additional costs required to be paid to Montana Rail Link(MRL). Because the City of Bozeman
failed to obtain access agreements from MRL for COB water and sewer lines that serve the Montana Department
of Transportation("MDT")facility and because the City failed to respond to numerous MRL requests regarding
the unpermitted pipelines,MRL refused to provide Nelson Meadows with similar permits for water and sewer
until obtaining the MRL—City permits. MRL would not grant Nelson Meadows a Utility Occupancy Permit
until Nelson Meadows obtained and submitted the Utility Occupancy Permit from the City for the Montana
Department of Transportation facility.
The City allowed the Montana Department of Transportation facility to install the 8" water line and the 1.5"
sewer force main which serves the Montana Department of Transportation facility in the MRL-owned property
without the same condition placed on Nelson Meadows. The City required Nelson Meadows to obtain the
Utility Occupancy Permit after failing to require the Montana Department of Transportation facility to do so.
However, that previous oversight does not obligate the City of Bozeman for impact fees in this situation. No
Impact Fee Credit regarding this matter is requested.
#4—Land: The 30 foot dedicated right-of-way,instead of an easement, on northerly boundary of the subdivision.
The City's demand for land dedication by right-of-way, rather than an easement for potential future public use,
precluded our ability to sell fee interest in the subject land. As stated by Tom Rogers in his July 25, 2018
message..."a road on the north property boundary does not further the needs of the community." The applicant
sought to provide an easement for this potential extension of the future road system. In July of 2018 the City staff
agreed by stating"However,providing an easement on the north boundary is supported, if provided". See Exhibit
A email T. Rogers to M. Ekstrom 7.25. 2018.
The potential 3/4 mile extension of Stone Gate Drive,from Springhill Road to Nelson Road,in addition to the roadway
costs, would necessitate the construction of an $8 million dollar bridge to span over the Gallatin River. However
improbable, this extension is not necessary to serve the Nelson Meadows Subdivision. In addition, the land that
abuts the right-of-way to the north(which would be required to provide the northerly 50% fifty percent of land for
the roadway),is under County jurisdiction and has already improved. Finally,the right-of-way terminates at Nelson
Meadow's west property boundary at Sunset Memorial Gardens, a County cemetery which abuts Nelson Meadows
and would create a dead-end termination point for the proposed extension.
Subdivision Staff Report dated January 24,2019,Engineering Condition 36 required a dedicated right-of-way,which
removed the underlying land from the applicant's use and precluded the future sale of the property for site building
density, if not development.
We believe that the taking of fee title to this land,as compared to the original mutual agreement to provide the City
with an easement, combined with the City's admission that the taking does not further the needs of the community,
qualifies our request to receive an Impact Fee Credit equal to the value of the land.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
Therefore,the applicant seeks Impact Fee Credits for this dedication of land by right-of-way,rather than by
a previously agreed upon easement,consisted of 1.41 acres (61,420 sf). The market cost of land for the right-
of-way is currently$8.50/s.f. at 61,420 s.f.=$522,067.
#5 — Land: COB required Nelson Road to be constructed to a "Collector" road standard, when subdivision and
existing average daily vehicle trips could have been accommodated by a"Local" street standard. The Local street
standard is 60 feet right-of-way and the Collector standard is 90 feet right-of-way.
The estimated ADT from Nelson Meadows Subdivision at the Frontage Road is approximately 1,910 vehicles per
day plus an estimated ADT of 20 vehicles per day on Nelson Road north of the subdivision. Nelson Road has a
posted speed limit of 45 mph.At that operating speed,a two-lane street can handle between 6,400 and 7,000 vehicles
per day and be estimated to function at LOS C. This is shown in Exhibit 16-16 of the Highway Capacity Manual,
0 Edition:A Guide for Multimodal Mobility Analysis (Transportation Research Board, October 2016).
This information was presented in the Nelson Meadows Traffic Impact Study submitted to the City of Bozeman in
a Preliminary Plat application 12/20/18. Nelson Meadows Subdivision would have been well served by a Local
two-lane street. The City of Bozeman mandated Nelson Meadows Subdivision to build Nelson Road to a"Collector"
standard.The applicant is entitled to Impact Fee Credit for the difference between the land dedication area of a Local
street and the land required to construct a Collector roadway, which was demanded to accommodate future traffic
not currently existing or generated by the Nelson Meadows subdivision.
Therefore,the applicant seeks Impact Fee Credits equal to the value of the 15 feet right-of-way (applicant's
side of the Collector) demanded by the City and not by easement. The area is 15 feet in width x 2249.13 in
length for a total of 0.774 acres (33,737 sf). 33,737 sf x$8.50/sf=$286,765.
#6—Land: Extension of Prince Lane from the Intersection at Royal Wolf Way to the subdivision property line—
aligned with, but not connected to, the intersection of East Valley Center Spur Road and the Frontage Road (East
Valley Spur Connection).
This roadway extension was not a project improvement. The developer did not propose this extension, it was not
included in our approved preliminaryplan and developer argued against it based upon: 1)the extended roadway
creates a dead end street by not connecting to any other street; 2) does not improve the access to the subdivision;
and 3)it was not necessary to meet the City of Bozeman requirements for subdivision access or block-length criteria.
Our original Pre-application plan did not include the extension of Prince Lane to the East Valley Spur Connection.
See Exhibit B, May 2 2018 project concept. Our initial layout, and our stated intent not to connect to the Frontage
Road,was based upon our concern for traffic safety and this intersections history of fatal accidents. Our intent not
to connect at the East Valley Spur intersection was further supported by conversations with Chris Saunders and
MDOT officials during our preliminary planning,annexation and zoning process. Attached are the original versions
of the Pre-Application Plan(lst Pre-App Plan Park Place l IX17 051618.pdf and 2nd Pre-App Plan 071918 22x34
rev 2.pdf).See Ex. C. July 18, 2018.
As the City knows MRL owns the approximately 9' strip of land between the Nelson Meadows property line
and the MDT has an easement(for the Frontage Road).Any future street connection would require an easement
across the MRL land to make any connection to the East Valley Spur/Frontage Road intersection. MRL has
provided written assurance,based upon traffic safety concerns,that they will not provide the required easement.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
Our original preliminary plat application was submitted without the 600 foot extension of Prince Lane to the Frontage
Road and East Valley Center Road Spur Connection. This was designed in concert with City Planning and
Engineering staff to develop the street grid network for the project. The original preliminary plat is attached
(Original Preliminary PLAT 090418.pdf). [See Ex. D attached hereto] Several months later, during the plat
entitlement process, City Engineering's Shawn Kohtz demanded a connection to the East Valley Spur intersection.
In response, applicant provided City Engineering with correspondence from both Montana Department of
Transportation"MDT"and Montana Rail Link("MRL") stating that both entities would be against any connection
at the Frontage Road and East Valley Center Spur intersection. Please see the attached letter from Jean Riley,MDT
Exhibit E. BIDT letter dated 10.11.2018 and email from Joe Racicot,General Counsel for(Exhibit F-AI L-05.21.19
Joseph M. Racicot messgge.pdf)for details. In spite of strong opposition voiced by MDT,MRL and the Developer
in opposition to the connection of Prince Lane to the East Valley Spur intersection, Khotz and City Engineering
required Nelson Meadows to design and construct the extension of Prince Road. Ex. G— email 10.25.2018 and
Exhibit H. 12.7.2018 report Nielsen to Rogers—see condition of approval 2.
In spite of the above,City Engineering demanded the 600' extension of Prince Lane by right-of-way dedication.
This extended roadway: 1) was not a project improvement; 2) served no purpose for traffic flow within the
subdivision; 3) created a dead-end road; and 4)MRL had assured us that it will never allow a connection to the
Frontage Road. Therefore,we believe it qualifies for an Impact Fee Credit.
Based upon the above,the applicant hereby requests Impact Fee Credits for the value of this land by dedicated
right-of-way(60 feet wide for a length of 600 feet) for a total area of 36,000 s.f.x $8.50/sf = $306,000.
#7- Construction costs -Nelson Road required to be constructed as "Collector"rather than"Local" Street.
For the same reasons as the applicant is entitled to Impact Fee Credit explained in land dedication in#5 above,the
applicant is also entitled to be reimbursed for the cost of construction for increased roadway area to develop a
"Collector" roadway, which was demanded by City Engineering to accommodate future traffic, although not
currently existing or projected to be generated by the subdivision.
It appeared that City Engineering recognized this was eligible for Impact Fee Credit based upon the below note
inserted into the September 16,2019 Impact Fee request provided to the City:
2.20.2020 S. Kohtz denied by stating "This request was presented to the Impact
Fee Advisory Committee at the November 5, 2019 meeting, and the Committee
did not recommend prioritizing Impact Fee Funds for reimbursement of Nelson
Road improvements. This request was also provided to the City Commission on
the November 18, 2019 City Commission Meeting. An improvement to Nelson
Road was also not prioritized in the City's capital plan. Therefore, no funds are
available".
Based upon the above, the applicant requests Impact Fee Credits for costs associated with the construction of
the additional 15' of roadway width, which was Nelson Meadows' portion of the constructed over-standard
Collector roadway in the amount of$232,065.64,the additional construction cost paid to Knife River.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
#8 —Construction Costs —The City's demanded Nelson Meadows extend Prince Lane from the Intersection
of Royal Wolf Way to the subdivision's south property line. (600 lineal feet). For the same reasons as
referenced in Item#6 above, applicant is entitled to Impact Fee Credits for the cost of construction of the street
that: 1)was not contained within the preliminary site plan design,which was approved by the City; 2)was not
a desired a project improvement; 3)was not required for to meet subdivision or street length requirements; 4)
does not enhance traffic by connecting to another public road; and 5)was not required for site access.
Based upon the above, the applicant requests Impact Fee Credits for costs associated with the
construction of the additional 36,000 s.f. of roadway which resulted in a Knife River Change Order in
the amount of$106,437.50.
Additional note: To put our request into economic perspective,the build-out of Nelson Meadows' 69 acres of
industrial park will result in over 800,000 s.f. of development (FAR 27%) over the next five years. Using the
current formula for Impact Fees and assuming that the City will not increase fees during this time, over
$8,000,000 in fees will be generated by subdivision.
Thank you for your reconsideration of this request.
Nelson Meadows
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
July 16, 2020
Mr. Chris Saunders
Assistant Planning Director
City of Bozeman, MT
20 E. Olive Street
Bozeman,MT. 59771
Mr. Jeff Mihelich
Bozeman City Manager
121 N Rouse Avenue
Bozeman,MT 59715
Nelson Meadows Impact Fee Credit—supplemental application
Gentlemen,
Thank you for reconsidering our request for Impact Fee credits for Nelson Meadow subdivision that was originally
submitted on September 17, 2019. As you know, after the submission, Nelson Meadows was unaware that the
application was considered and processed until February 20, 2020, when we received by email the results of the
City's process summarized by Shawn Kohtz's "sticky notes"memo, attached hereto. See Exhibit Kohlz- email to
M. Ekstrom 2.20.2020.
The following summarizes and includes some information that the City already has in its possession but was not
originally attached to the impact fee request and we feel might not have been considered. All information previously
submitted on the September 17.2019 is requested to be considered together with the additional information included
herein.
The information below is addressed in the same order as presented previously.
#1 —Land: The 30 foot dedicated right-of-way on northerly boundary of the subdivision.
The dedication of land right of way, rather than by granted easement, is 1.41 acres(61,420 sf). Impact Fee credit is
requested for the cost of right-of-way at$8.50/sf. 61,420 sf x$8.50=$522,066.00.
This land dedication, rather than the easement dedicated to public use, is the reason this Impact Fee credit is sought.
The extension does not serve Nelson Meadows Subdivision at this time. The lands directly to the north, that would
be required to provide fifty percent of the roadway, are already improved and located outside of the City boundary
in Gallatin County. The land to the west is not developed. Neither are within the municipal limits. There is no
method to anticipate when, or if,these lands will seek annexation.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
The applicant sought to provide an easement for this potential extension of the future road system. In July of 2018
the City staff agreed that the "road on the north property boundary does not further the needs of the community.
However,providing an easement on the north boundary is supported, if provided". See Exhibit A, email T. Rogers
to M. Ekstrom 7.25. 2018.
Subdivision Staff Report dated January 24,2019 Engineering Condition 36 required a dedicated right-of-way,which
removed the underlying land from the applicant's use and precluded the future sale of the property for site setbacks
and density, if not development.
The removal from use combined with the admission that it is not a project improvement,qualifies this land for impact
fee credit.
#2 — Land: Nelson Road required to be dedicated to a Collector road standard, when subdivision and existing
average daily vehicle trips can be accommodated by a local street standard. The Local street standard is 60 feet
right-of-way and the Collector standard is 90 feet right-of-way.
Because applicant was required to dedicate additional land on one side of Nelson Road, applicant seeks the value of
the 15 feet right of way(applicant's side of the Collector). The area is 15 feet width x 2,249.13 length for a total of
0.774 acres (33,736.95 sf). Impact Fee credit is requested for 33,736.95 sf x $8.50/sf=$286,764.07.
The estimated ADT from Nelson Meadows Subdivision at the Frontage Road is approximately 1,910 vehicles per
day plus an estimated ADT of 20 vehicles per day on Nelson Road north of the subdivision.
Nelson Road has a posted speed limit of 45 mph.At that operating speed,a two-lane street can handle between 6,400
and 7,000 vehicles per day and be estimated to function at LOS C. This is shown in Exhibit 16-16 of the Highway
Capacity Manual, 0 Edition:A Guide for Multimodal Mobility Analysis(Transportation Research Board, October
2016).
This information was presented in our Traffic Impact Study that was submitted to the City of Bozeman in a
Preliminary Plat application 12/20/18. As you can see,Nelson Meadows Subdivision would have been well served
by a Local two-lane street.
The City of Bozeman mandated Nelson Meadows Subdivision to build Nelson Meadows to a Collector standard.
The applicant is entitled to a credit for the difference between the land dedication area of a Local street and the
increase to a Collector,which was demanded to accommodate future traffic not currently existing or to be generated
by the subdivision.
#3 —Land: Extension of Prince Lane from the Intersection at Royal Wolf Way to the subdivision property line —
aligned with intersection of East Valley Center Spur Road and the Frontage Road (East Valley Spur Connection).
This was not a project improvement,was not proposed nor desired by the Developer,and because it does not extend
to a connection was not necessary to meet the City of Bozeman requirements for subdivision access. The dedicated
right-of-way is 60 feet wide for a length of 600 feet for a total acreage of 36,000 sf. Impact Fee credit is requested
for 36,000 sf x $8.50/sf=$306,000.
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
Our original Pre-application plan did not include the extension of Prince Lane to the East Valley Spur Connection.
See E:xhibil A May 2 2018 project concept. Our initial layout, and our stated intent not to connect to the Frontage
Road was based upon our concern for traffic safety and this intersection's history of fatal accidents. Our intent not
to connect at the East Valley Spur intersection was further supported by conversations with City of Bozeman's
Assistant Director of Planning Chris Saunders and MDOT officials prior to and during our Annexation and Zoning
process. Attached are the original versions of the Pre-Application Plan (1st Pre-App Plan Park Place IIX17
051618.pdf and 2nd Pre-App Plan 071918 2204 rev 2.pdo. See Ex. C. July 18, 2018.
Our original preliminary plat application was submitted without the 600 foot extension of Prince Lane to the Frontage
Road and East Valley Center Road Spur Connection. This was designed in concert with City Planning and
Engineering staff to develop the street grid network for the project. The original preliminary plat is attached
(Original Preliminary PLAT 090418.pdf). [See Ex. D attached hereto l It was months later, during the preliminary
plat entitlement process that City Engineering's Shawn Kohtz demanded the extension to connect to the East Valley
Center Spur Connection.
In response, applicant provided City Engineering with correspondence from both MDT and MRL stating that both
entities would be against any connection at the Frontage Road and East Valley Center Spur intersection. Please see
the attached letter from Jean Riley, MDT Exhibit E. MDT letter dated 10.11.2018. and email from Joe Racicot,
General Counsel for(Exhibit F-MRL- 05.21.19.Ioseph M. Racicot message.p& for details. In spite of MDT and
MRL's not wanting the East Valley Spur Connection, City Engineering required Nelson Meadows to extend Prince
Lane to potentially connect to the East Valley Center Spur Connection Ex. G— email 10.25.2018 and Exhibit H.
12.7.2018 report Nielsen to Rogers—see condition of approval 2.
As the City knows, MRL owns the approximately 9' strip of land between the Nelson Meadows property line
and the MDT easement (for the Frontage Road). Any future street connection would require and easement
across the MRL land to allow the development of any connection to the East Valley Center Spur / Frontage
Road intersection.
The City Engineering required 600' extension of Prince Lane and the dedication of this land is not a project
improvement as it serves no purpose for the interior of the subdivision and it was never going to connect to a
public road as a subdivision access. Therefore, it qualifies for Impact Fee credit.
#4- Construction Costs -Nelson Road required construction as Collector rather than Local Street.
This request seeks the costs associated with construction for the additional 15' of roadway,which is the Nelson
Meadows portion of the constructed Collector standard. Impact Fee credit requested is $232,065.64.
For the same reasons as the applicant is entitled to Impact Fee credit explained in land dedication in#2 above, the
applicant is entitled to the cost of construction for the difference between the construct cost of a local street and the
increase to a collector, which was demanded to accommodate future traffic not currently existing or generated by
the subdivision. It appeared that City Engineering recognized this was eligible for impact fee credit based upon the
below note inserted into the September 16, 2019 Impact Fee request provided to the City:
2.20.2020 S. Kohtz denied the request by stating "This request was presented to
the Impact Fee Advisory Committee at the November 5, 2019 meeting, and the
Committee did not recommend prioritizing Impact Fee Funds for reimbursement
701 Gold Avenue, Bozeman, MT 59715
BARTIMCO PROPERTIES, LLC
of Nelson Road improvements. This request was also provided to the City
Commission on the November 18, 2019 City Commission Meeting. An
improvement to Nelson Road was also not prioritized in the City's capital plan.
Therefore, no funds are available". See Kohtz 2.20.20"sticky note" response re
Nelson Meadows Impact Fee Request, attached hereto.
#5 — Construction Costs — Extension of Prince Lane from the Intersection of Royal Wolf Way to the
subdivision property line — aligned with intersection of East Valley Center Spur and the Frontage Road (East
Valley Center Spur Connection). Impact Fee credit requested is$106,437.50.
For the same reasons as the applicant is entitled to Impact Fee credit as explained in land dedication in#3 above,
the applicant is entitled to the cost of construction for the street that is not a project improvement, was not
required for the subdivision to meet requirements,does not connect to another public road and was not required
for access.
46- Water line increased size. The City recommended by the Impact Fee Advisory Committee (IFAC) and
the City Commission approved reimbursement for the amount of$339,363. Reportedly, a cash payment will
become available after July 1, 2020, although no reimbursement has been received to date.
97 - Additional costs resulting from the City's upsizing of the water line. The City's recent demand to
increase the size of water line from 8" to 16" also resulted in the need to increase the size of the Pressure
Reducing Valve ("PRV") and the previously installed tee connection. The costs associated with the increased
size of the PRV were$150,425 and the costs associated with excavating,removing and replacing the connecting
tee were $7,831,43. Impact Fee credit is requested for a total of$158,256.43. See 07.15.20 Knife River cost
summary, attached hereto.
#8- Additional costs required to be paid to Montana Rail Link (MRL). Because the City of Bozeman
failed to obtain permit agreements from MRL for the water and sewer line crossings that serve the MDT facility
and because the City failed to respond to numerous MRL requests regarding the unpermitted pipelines, MRL
refused to provide Nelson Meadows with similar permits for water and sewer until obtaining the MRL— City
permits. MRL would not grant the Utility Occupancy Permit for Nelson Meadows until and unless Nelson
Meadows obtained and submitted the Utility Occupancy Permit for the Montana Department of Transportation
facility. The City allowed the Montana Department of Transportation facility to install the 8" water line and
the 1.5" sewer force main which serves the Montana Department of Transportation facility in the MRL-owned
property without the same condition placed on Nelson Meadows.
It seems likely that the City required Nelson Meadows to obtain the Utility Occupancy Permit after failing to
require the Montana Department of Transportation facility to do so. However, that previous oversight does not
obligate the City of Bozeman for impact fees in this situation. This request is withdrawn.
Thank you for your reconsideration of this request.
Since•el ,
N Mead s
lis
701 Gold Avenue, Bozeman, MT 59715
From: Tom Rooers
To: Matt E.Ekstrom
Cc: Kent Merselis;Michael Merselis;Scott Bechtle;"Martina Parrish";Chris Saunders;Martin Matsen
Subject: RE:Nelson Meadows Revisions
Date: Wednesday,July 25,20181:57:23 PM
Attachments: 0magg001.Dna
18 0719 2204 rev 2.odF
Mr. Ekstrom, Et.al.,
We have considered the revised plat based on our conversation last Wednesday.These comments
do not constitute a Formal decision of the governing body,only advisory staff comments based on
the information we have. New information, MDT determinations, public comment,and other may
influence any decisions. Comments:
1. The City agrees that a road on the north property boundary does not further the needs of
the community. However, providing a road easement on the north boundary is supported if
provided.
2. Access directly onto Frontage Road furthers numerous City policies and is supported by our
block and road configuration standards. However,we are cognizant of the issues related to
converting any one of the existing access points from an agricultural use to an industrial use.
In addition, MDT has indicated they may not support any further interaction with Valley
Center Spur. While we do not believe an access is not possible, integrating the modifications
shown on the revised pre-plat allow us support a design without direct access to Frontage
Road.
3. Please consider aggregating the smallest lots into slightly larger parcels.We have found over
many efforts that industrial lots less than one(1)acre are very difficult to design for any
functional use.See lots 11-13, Block 2, Lots 17—19, Block 4.
4. Access to the lift station and Lot 3 of Block 5 will be required to a joint access to allow any
future development of the lot to meet site plan criteria.You may want to consider an
alternative location of the lift station to reduce possible zoning standard challenges during
site development.
Thank you for your effort and we look forward to working with you to usher the subdivision through
the review process. If you have any questions or concern please do not hesitate to contact me.
Tom Rogers I Senior Planner I AICP
City of Bozeman 120 East Olive St.I P.O.Box 1230 1 Bozeman,MT
troaerAftozeman.net 1406.582.2268
EEXHIBIT
b
D
L
From: Martina Parrish <martinap@bechtlearchitects.com>
Sent:Thursday,July 19, 2018 2:47 PM
To:Tom Rogers<TRogers@BOZEMAN.NET>
Cc: Kent Merselis<kent.merselis@barnard-inc.com>; Michael Merselis<michael.merselis@barnard-
inc.com>;Scott Bechtle<scottb@bechtlearchitects.com>; Matt E. Ekstrom<mekstrom@m-m.net>
Subject: Nelson Meadows Revisions
Hi Tom-
I hope I'm not too late with this drawing. Attached is our revised plan based on our conversations
yesterday. We are hoping you can discuss this option with the connectivity to the north at the staff
meeting you have. We really appreciate you taking the time to look at this. Please let me know if
you have questions.
Thank you,
Martina Parrish
AAIA, LEED Green Associate
INBECHTLE
N ARCHITECTS
4515 Valley Commons Dr, Ste 201
Bozeman, MT 59718
p. 406.585.4161
City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. 11,
Sect.9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code
Annotated.As such,this email, its sender and receiver, and the contents may be available for public
disclosure and will be retained pursuant to the City's record retention policies. Emails that contain
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disclosure under law.
'REL...'
PLAT
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AREA SUMMARY SITUATED IN THE SE/4 SECTION 22 AND THE NE/4
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NELSON MEADOWS SUBDIVISION
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PRINCIPAL MERIDIAN,
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'LOT 26 e\ 1
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R / LOT 13 LOT 12 LOT 11
, LOT 25� 4 "'I .80 AC I .71 AC I .86 AC t
1.94 AC t\ i' +z
LEGEND: _ -.- - _ ' _
20 1. 'NWE EASEMENT
2.YELLOWSTONE PIPELINE EASEMENT 21 y
3.60'STREAM SETBACK `
4.50'P.O.W.ROAD LOT 24 = 1.72AC
-.
6.SIGN -�r` ' ..1{ 1.1Q AC I ..... .
7,FLASHING YELLOW LIGHT -.-
8.25'TRAIL EASEMENT - _ \r• �-
9.LIFT STATION 3 LOT 22 V
r.( Ty`
30.30'TRAIL EASEMENT
1.67 AC
ACERAGE SUMMARY: -_ L __�� • 1
TOTALACRES:69.29._
SELLIBLEACRES:59.64
LF ROAD:3,069 FT y 1`T LOT 23 4I 5
ROF LOTS:29 18) 2.7$AC
AVERAGE LOT:2.05 AC (4 /
DISCLAIMER:THIS DRAWING IS PRELIMINARY AND CONCEPTUAL IN � BLOCK I I
NATURE,AND 155UBJECT TO CHANGE / / �. I J 4
FULL LEGAL DESCRIPTION:
TRACT IC OF COS 13728 LOCATED IN SECTION 22,T15,RSE,GALLATIN
COUNTY,MONTANA
TRACT ID OF COS 1372 LOCATED IN SECTION 22,TIS,RSE,GALLATIN
COUNTY,MONTANA - Y'
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER(NE114, \� -
NEl/4(AND THE EAST HALF OF THE EAST HALF OF THE WEST HALFOF
THE NORTHEAST QUARTER(E1/2,El/2,W 1/2,NE1/41 OF SECTION V,
TWENTY-SEVEN(27),TOWNSHIP ONE(1(SOUTH,RANGE 5(5(EAST,
M.P.M. _
�mD
50 - IFFINI8IT
PARK PLACEIJBECHTLE BARNARD INVESTMENTS
0 ARCHITECTS SCALE: 1:100 @ 2204; 1:200 @ 11x17 MAY 2, 2018
i
- 0719 revision
15lf li JI)11�1,5(y-� I�]I I5110—{�—YAM---iNIIS�
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BLOCK 5 BLOCK 5 n $LOCK 3 BLOCK 3 BLOCK 3
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BLOCK 6 LOT 2 LOT 3 r1//// LOT 4 LOT 5 LOT 6
\ 2.60 AC j7\� 2.96 AC 3.05 AC 2.95 AC
I \ I�',I, 2 94 AC
LOT 1 I Y
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BLOCK 9) R BLO K 3
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LOT 27
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BLOC("
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LOT 25 \ �' BLOCK 2 'BLOCK 2 BLOCK
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9
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w O LOT 24 v5 Pa
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LEGEND: 1 '6� DS AC � I � H,1rr5 1 r I5. -_ g• �
1.2(yNWE EASEMENT O.S..
2.YELLOWSTONE PIPELINE EASEMENT t I�BLOCK
R BLOCK(
3.60'STREAM SETBACK BLOCK 1
4.GO'R.O.W.ROAD ' B - LOT
6.SIGN LOT 23 1.6 �1C
7.FLASHING YELLOW LIGHT 2 1.27 AC. - I
�._ 8.25'TflAIIFASEMENT 31 BLOCK
9.UFTSTATION - ?:
G.30'TRAIL EASEMENT I LOT 21
ACERAGE SUMMARY: 1.65 AC
TOTAL ACRES:69.29-- '
SELLABLEACRES:59.64 ` \l 6 BLOCK
LF ROAD:3,069 FT LOT 22 /Y
)WE AGE(n 6��
AVERAGEER:2.20AC BZ 7b�K I
♦ / L® L
NATURE,AN THIS DRAWINGCHANGE
AND CONCEPTUAL IN II / +
i NATURE,AND IS SUBIECT TO CHANGE
FULL LEGAL DESCRIPTION:
-1
� TRAR 1C OF C05 1372E LOCATED IN SECTION 22,T13,RSE,GAt1ATIN %
COUNTY,MONTANA Oa
TRACT ID OF COS 1372 LOCATED IN SECTION 22,TIS,RSE,GAUATIN
COUNTY,MONTAHA Z
IF' .r� p
THE NORTHEAST QUARTER Of THE NORTHEAST QUARTER(NE1J4, e-
NE1/4)ANDTHE EAST HALF OF THE EAST HALT OF THE WEST HALF Of Z�
THE NORTHEAST QUARTER(El/2,El/2,WI/2,NEI/4)OFSECTION
TWENTY-SEVEN(27),TOWNSHIP ONE(()SOUTH,RANGE 5(51 EAST, i •ny,
1.1.P.IA. 25 riDp
50 - EXHIBIT
N
d
6� BECHTLE NELSON MEADOWS '
BARNARD INVESTMENTS
ARCHITECTS SCALE: 1:100 @ 2204; 1:200 @ 11x17 JULY 18, 2018
mrDr* Montana Department of Transportation Michael T.Tooley,Director
2701 Prospect Avenue Steve Bullock. Governor
PO Box 201001
Helena MT 59620-)001
October 11, 2018
Kent Merselis
Barnard Inc.
701 Gold Avenue
Bozeman, MT 59715
Subject: Park Place Industrial—Frontage Road (P-205) RP 25.452 to 25.924
Traffic Impact Study—Comments
Dear Mr. Merselis,
The Montana Department of Transportation staff has reviewed the Traffic Impact Study
(TIS) concerning the for the Park Place Industrial Development that parallels the
Frontage Road (P-205) from Reference Post(RP) 25.452 to 25.924.
The MDT staff has the following comments:
• The development as no requested any approaches onto P-205. This is consistent
with requirements of ARM 18.7.102. The Park Place Industrial Development
does not abut the MDT right-of-way, any approach onto P-205 would have to be
issued to the Railroad.
• MDT concurs with the closure of the approach onto P-205 at Valley Center Spur
Road and routing the development traffic onto Nelson Road. This provides for
better safety and operations at the improved Valley Spur/P-205 intersection.
• Based on the volumes shown in the TIS it is unclear if traffic signal control will
be warranted with this development. Please have your consultant review the
warrants for traffic signal control and if warranted (and MDT concurs), then
traffic control should be provided at the intersection of Nelson Road/P-205.
• It appears the site drains entirely away from P-205 and away from the MDT Area
Offices on Nelson Road. If the drainage pattern does not change with the
proposed development, no additional requirements are necessary. However, if the
drainage is redirected at all toward the frontage road or the MDT Area Offices the
plan must include stormwater retention.
• If there are any changes in the proposed Park Place Industrial Development, a
new TIS may be required.
An Equal Opportunity Employer
Planning 8 Policy Analysis Bureau Rail,Transit and Planning Division
Phone:(406)444-3423 T)Y: (800)335-7592
Fax: (406)444-7671 Web Page: www.mdt.mt.gov
If you have any questions concerning these comments, please contact me at(406)444-
9456 or email at jriley@mt.gov.
Sinc rely,
' �--
Jean A. Riley,P.E.
Transportation Planning Engineer
Policy, Program&Performance Analysis Bureau
Copies: Jeff Ebert, P.E.—Butte District Administrator
Duane Liebel,P.E.—Butte District Engineering Section Supervisor
Kyle Demars—Bozeman Area Maintenance Chief
Tom Eastwood, P.E.—Morrison Maierle
Shawn Kohtz,P.E. Bozeman Acting Public Works Director
File
Kent Merselis
From: Joe Racicot
Sent: Tuesday, May 21,2019 5:19 PM
To: kent.merselis@barnard-inc.com
Subject: RE: Nelson Meadows - Montana Rail Link
Kent—
It was good to speak with you today. I can confirm that Montana Rail Link ("MRL") has no intent on granting an
easement to the City of Bozeman for purposes of creating access to the Nelson Meadows subdivision. MRL has worked
in conjunction with the Montana Department of Transportation ("MDOT") regarding MDOT's current plans to upgrade
the Valley Center Road-Frontage Road intersection. As part of that process, MRL expressed its concerns about the
safety risks associated with adding a fourth "leg"to the intersection and is not in favor of such a design. At no time has
MRL agreed to grant an easement to the City of Bozeman for purposes of accessing the Nelson Meadows subdivision via
the Frontage Road at the intersection of Valley Center Road. If you need additional information, please do not hesitate
to contact me.
Sincerely,
Joseph M. Racicot
www.inontanaraii.coni
1
Morrison
Maierle
engineers surveyors planners scientists Memo
TO: Chris Saunders
FROM: Matt Ekstrom
DATE: September 16, 2019
JOB NO.: 2286.009
RE: Nelson Meadows Subdivision— Impact Fee Credits
CC: Kent Merselis, Susan Swimley
❑Urgent ®For Review ❑Please Comment ❑Please Reply ®For Your Use
This memorandum continues our initial communication of April 22, 2019 wherein we discussed
the process of applying for City Impact Fee credits as a means of reimbursement for those costs
incurred in providing the City with increased land contributions and over-standard improvements
above and beyond that required by code compliance. In August our contractor, Knife River,
presented us with the Change Order that summarized the cost for each over-standard
improvement items which provided us with the supporting cost information for this application.
The value of the land is based upon a less-than-average summary of comparable lot sales that
have already been place in escrow.
The attached information is our Impact Fee Credit Application for the Nelson Meadows
Subdivision (COB review #18458). Per your email request (see attached email from 9/6/19) we
have prepared the following information:
1) LAND: The 30' dedicated Right-of-Way (ROW) on the north boundary of the property.
This is preliminary plat condition of approval #36 (see attached conditions of approval).
The area contained in this dedication is 1.41 acres (61,420 SF) (30' wide by 2047,78'
long). See the attached highlighted section on the Plat located in Appendix A for details.
The cost for this ROW is ($8.50 / SF x 61,420 SF) = $522,066.00. The $8.5 / SF is the
going price for land in the Nelson Meadows Subdivision.
2) LAND: Nelson Road was built to a Collector road standard per the COB Transportation
Plan. The Nelson Meadows Subdivision traffic generation would only dictate that Nelson
Road be built to a Local road standard. The Collector road standard requires a 90' ROW
compared to 60' ROW forthe Local road standard. Therefore the difference in ROW width
on the Nelson Meadows Subdivision property is 15'. The area contained in this dedication
is 0.774 acres (33,715 SF) (15' wide by 2249.13' long). See the attached highlighted
Page 1
Morrison
Nelson Meadows Subdivision—Impact Fee Credits Maierle
section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50/SF
x 33,715 SF) = $286,581.00
3) LAND: The extension of Prince Lane from the intersection of Royal Wolf Way to the
Frontage Road ROW. This ROW contains 0.826 acres(36,000SF)(60'wide by 600' long).
See the attached highlighted section on the Plat located in Appendix A for details. The
cost for this ROW is ($8.50 /SF x 36,000 SF) = $306,000.00
4) STREET: As was stated above, Nelson Road was built to a Collector road standard per
the COB Transportation Plan. Located in Appendix B is the cost difference between
building a Local road vs a Collector road. This cost difference is based on Knife River's
(general contractor on the Nelson Meadows project) bid dated March 151h, 2019 (bid tabs
are in Appendix B). Also located in Appendix B are the road plans for Nelson Road. The
cost difference = $232,065.64 (this includes the extra road width, striping, signage, and
storm drain).
5) STREET: The extension of Prince Lane from the intersection of Royal Wolf Way to the
Frontage Road ROW. The cost of this road extension is included in Appendix C. Also
located in Appendix C are the road plans for Prince Lane. The estimated cost to construct
this portion of Prince Lane = $106,437.50
6) WATER:A 16"water main was requested by the COB to run through the Nelson Meadows
Subdivision. The cost difference between a 16" main and an 8" main (which is what the
Nelson Meadows Subdivision project would require) is located in Appendix D. The
estimated cost to oversize the water main to 16"=$339,363.00, The 16"water plan sheets
are also located in Appendix D.
7) MONTANA RAIL LINK PERMITTING: In our negotiations with Montana Rail Link (MRL)
to secure Utility Occupancy Permits for Nelson Meadows project, it became apparent that
the existing 8"water main and the 1.5"sewerforce main serving the MDT facility on Nelson
Road were never permitted through MRL. In order to get approvals on the Nelson Meadow
permits MRL required us submit the after the fact Utility Occupancy Permits for the MDT
utilities. The cost for submitting these permits=$3,431.00($1200 of this total is for permit
fees to MRL). The permits are attached in Appendix E.
Chris, we sincerely appreciate your assistance with our application process and look forward to
completing the application over the next few weeks. Please do not hesitate to contact us should
you require additional information.
NA2286\009\04 Design\Agency Submittal\COB\Tech Memo to Chris Saunders-Impact Fee Credit 090619.docx
Page 2
O� Morrison
Anin Maierle Memo
engineers-surveyors planners-scientists TO: Chris Saunders
FROM: Matt Ekstrom
DATEE. September 16, 2019
J',B N0.: 2286.009
RE: Nelson Meadows Subdivision - Impact Fee Credits
Dent Merselis, Susan Swimley
��Jr�en3 NFor Review 0Please Commend Please Reply gFor Your Use
This memorandum continues our initial communication of April 22, 20,19 wherein we discussed
the process of applying for City Impact Fee credits as a means of reimbursement for those costs
incurred in providing the City with increased land contributions and over-standard improvements
above and beyond that required by code compliance. In August our contractor, Knife River,
presented us with the Change Order- that summarized the cost for each over-standard
improvement items which provided us with the supporting cost information for this application.
The value of the land is based upon a less-than-average summary of comparable lot sales that
have already been place in escrow.
The attached information is our Impact Fee Credit Application for the Nelson Meadows
Subdivision (COB review 418458). Per your -email request (see attached email from 9/6/19)we
have prepared the following information:
1) LAND: The 30' dedicated Right-of-Way (ROW) on the north boundary of the property.
Sticky Note y plat condition of approval #36 (see attached conditions of approval).
e skohtz 2/20/2020 11 52 AN-1 ed in this dedication is 1.41 acres 61,420 SF) (30' wide by 2047.78'
Land is not eligible for impact fee
reimbursement. tached highlighted section on the flat located in Appendix A for details.
(r ro ROW is ($8.50 / SF x 61,420 SF) d $522,066.09. The $8.5 /SF is the
going price for land in the Nelson Meadows Subdivision.
2) L�,P Nelson road was built to a Collector road standard per the COB Transportation
Sticky Note � )n Meadows Subdivision traffic generation would only dictate that Nelson
7 skohtz 220,2020 11:52 AM a Local road standard. The Collector road standard requires a 90' ROW
Land is not eligible for impact ROW for the Local road standard. Wherefore the difference in ROW width
fee reimbursement.
,. „ .,eadows Subdivision property is '15'. The area contained in-this dedication
is 0.774 acres (33 715 SF) (15' wide by 2249.13' long). See the attached highlighted
Wage 1
Morrison
Nelson Meadows Subdivision—Impact Fee Credits Maierie
section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50/SF
x 33,715 SF) = $286,581.00
3) LA � The extension of Prince Lane from the intersection of Royal Wolf Way to the
Fro)*e Road ROW. This ROW contains 0.826 acres(36,000SF)(60'wide by 600' long).
See the attached highlighted section on the Plat located in Appendix A for details. The
cost for this ROW is ($8.50 /SF x 36,000 SF) = $306,000.00
4) STREET: As was stated above, Nelson Road was built Sticky Note
t Q OB Transportation Plan. Located in Appendix E y skohtz 2i2&2020 t2 07 Pki
building a Local road vs a Collector road. This cost diff This request was presented to the
Impact Fee Advisory Committee at
(general contractor on the Nelson Meadows project) bid the November 5,2019 meeting,
are in Appendix B). Also located in Appendix B are the ; and the Committee did not recom-
mend rioritizin Im ac ee
cost difference = $232,065.64 (this includes the extra r unds for reimbursement o Nel-
son Road improvements. This re-
storm drain). quest was also provided to the City
5) STREET: The extension of Prince Lane from the inters Commission on the November 18,
---F-7-117 2019 City Commission Meeting.
Sticky Note W. The cost of this road extension An improvement to Nelson Road
5 skohtz 2/20/2020 12:07 PM C are the road plans for Prince Lane was also not prioritized in the
City's capital plan. Therefore, no
Local streets are not eligible for itn- e Lane = $106,437.50 funds are available for this request.
pact fee reimbursement.
.,.�r main was requested by the COB to Sticky Note
skohtz 2/20/2020 12:06 Pfb1
Suision. The cost difference between a 16" main and
This request was presented to the
Nelson Meadows Subdivision project would require) is Impact Fee Advisory Committee
estimated cost to oversize the water main to 16"=$339,3611 on November 5,2019. The Com-
mittee forwarded a recommenda-
are also located in Appendix D_ tion to support this request to e
7 MONTANA RAIL LINK PERMITTING: In our negotiations Citytommission. The City Com-
mission agreed with the request,
)ccupancy Permits for Nelson Meadows p and this item was included in the
Sticky Note City's fiscal year 2021 capital im-
`7 skohtz 2/20/2020 12 06 PM ter main and the 1.5"sewer force main ser provement plan. Reimbursement
Not eligible for impact fee reim- permitted through MRL. In order to get ap of water main oversizing will be
available on the first day of the fis-
bursement. aired us submit the after the fact Utility 0 cal ,year 2021 (July 1, 2020).
utilities. The cost for submitting these permits=$3,431.00
fees to MRL). The permits are attached in Appendix E.
Chris, we sincerely appreciate your assistance with our application process and look forward to
completing the application over the next few weeks. Please do not hesitate to contact us should
you require additional information.
W2286\009\04 Qesign\Agency Submittal\COB\Tech Memo to Chris Saunders-Impact Fee Credit 090619.docx
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