HomeMy WebLinkAbout016 Narrative Response to Conditions
109 E Main Street, Ste B, Bozeman, MT 59715 I OFFICE 406.728.4611 I EMAIL wgm@wgmgroup.com
May 20, 2022
Susanna Montana, Senior Planner
City of Bozeman, Planning Division
20 E. Olive Street
Bozeman, MT 59718
Re: WGM Response to Recommended Conditions of Approval and Code Compliance
Per Findings of Fact for Annie Subdivision, Phase 4 (#21201)
Dear Ms. Montana:
This letter is intended to provide a narrative response to how the above referenced project supports
the Recommended Conditions of Approval. The project is for a major subdivision of 20 lots for future
residential development in the R-3 zoning district on 3.241 acres at the address 2305 Durston Road in
the City of Bozeman, Montana. Responses to how the recommended conditions, per Section 3, are
supported by this project have been provided in bold.
Recommended Conditions of Approval:
1. 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 Bozeman Municipal Code or state law.
We recognize and are aware of this requirement.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) 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 and corrected certificates. The Final Plat
application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected
to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one
side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of
Approval sheet as the last same sized mylar sheet in the plat set.
The final plat conforms with the above listed requirements. Certification from the City
Engineer is forthcoming. Project as-builts and certification documents have been submitted
to the City Engineer for approval. Signed, reproducible copies are planned to be provided
following approval of the draft documents.
3. The watercourse setback must be removed from the plat prior to final plat approval.
The watercourse setback has been removed from the plat.
4. The existing sewer septic system(s) must properly be abandoned prior to final plat approval.
Response to Recommended Conditions of Approval
May 20, 2022
Page 2 of 6
The existing sewer system has been removed and properly abandoned. Documentation of the
removal has been provided.
5. The applicant must complete the installation of the Rapid Rectangular Flashing Beacon
(RRFB) at the intersection of N. 25th Ave. and Durston Rd. as called for in the Transportation
Master Plan, prior to approval of Final Plat.
The RRFB has been installed recently per the approved plans. As built drawings for the RRFB
will be provided to City Engineering for approval, prior to approval of the Final Plat.
6. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts. The provided draft SID waiver is acceptable. The applicant must provide a copy of
the filed SID waiver prior to Final Plat approval.
A copy of the filed and recorded Waiver of Right to Protest Creation of Special Improvement
Districts has been provided with the final plat application.
7. Due to the known high groundwater conditions in the area no basements will be permitted with
future development of the site. No crawl spaces will be permitted with future development of
the site, unless a professional engineer registered in the State of Montana certifies that the
lowest point of any proposed structure is located above the seasonal high groundwater level
and provide supporting groundwater data prior to the release of building permit. In addition,
sump pumps are not allowed to be connected to the sanitary sewer system or the drainage
system unless capacity is designed into the drainage system to accept the pumped water.
Water from sump pumps may not be discharged onto streets, such as into the curb and gutters
where they may create a safety hazard for pedestrians and vehicles.
This requirement is understood. Notes have been provided on the final plat drawings as
required, to address this item.
8. The responsibility of maintenance for the stormwater facilities, stormwater open space lots,
pedestrian open space lots and street frontage landscaping for the perimeter streets must be
that of the property owners’ association. Maintenance responsibility must include, all vegetative
ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips
along all external perimeter development streets. The property owners’ association must be
responsible for levying annual assessments to provide for the maintenance, repair, and upkeep
of all perimeter street frontage landscaping and stormwater facilities and all open space
landscaping.
The property owners association will be responsible for maintaining the facilities described
above, as outlined in the covenants and homeowners association documents.
9. Remove General Notes 2 and 3 on the Conditions of Approval sheet. The utility easement
language is already present in the legal description and a separate easement document will
be required to clarify location and size of the easement. A separate public access easement
must be provided to grant public access over the open space lot.
Response to Recommended Conditions of Approval
May 20, 2022
Page 3 of 6
Notes 2 and 3 on the Conditions of Approval sheet have been removed for the final plat. The
utility easement has been granted on the plat. The stormwater easement over Lots 9 and 10
has also been granted on the plat. A new separate public access easement has not been
provided over the open space since the underlying easement per Annie Subdivision Phase 3C
(document number 2080915) has been maintained.
1. Sec. 38.220.070. – Final plat.
a. The final plat must conform to all requirements of the Bozeman Municipal Code and
the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must
be accompanied by all required documents, including certification from the City
Engineer that record drawings for public improvements were received, a platting
certificate, and all required and corrected certificates.
The final plat documents have been created to conform to BMC and ARM requirements.
Required and corrected certificates have been provided on the plat.
b. A letter from the city engineer certifying that the following documents have been
received:
i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications
for public improvements, including a complete grading and drainage plan.
As built drawings and certification documents have been submitted to the City Engineering
department for review and approval. The certification letter will be provided once it is received
from the City.
c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must
be entered into by the weed control district and the developer. The memorandum of
understanding must be signed by the district and the developer prior to final plat
approval, and a copy of the signed document must be submitted to the community
development department with the application for final plat approval.
A Noxious Weed MOU from the Gallatin County Weed District has been provided.
d. Irrigation system as-builts. The developer must provide irrigation system as-builts, for
all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
Irrigation system as-builts have been provided for the open space lot and the right-of-way
along Durston.
e. A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
i. Be entitled "Conditions of Approval of Annie Phase 4 Subdivision with a title
block including the quarter-section, section, township, range, principal meridian,
county, and, if applicable, city or town in which the subdivision is located.
Response to Recommended Conditions of Approval
May 20, 2022
Page 4 of 6
The Conditions of Approval sheet is included as sheet 3 of 3.
ii. Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks from
streams or riparian areas, floodplain boundaries, no-build areas, building
envelopes, or the use of particular parcels.
Text and graphic representations have been provided on the final plat drawings as required.
iii. Include a certification statement by the landowner that the text and/or graphics
shown on the conditions of approval sheet(s) represent(s) requirements by the
governing body for final plat approval and that all conditions of subdivision
application have been satisfied.
The landowner signed certificate certifying to the improvements has been included on sheet 1
of the final plat drawings.
iv. Include a notation stating that the information shown is current as of the date of
the certification, and that changes to any land-use restrictions or encumbrances
may be made by amendments to covenants, zoning regulations, easements, or
other documents as allowed by law or by local regulations.
This notation is also included in the certificate on sheet 1 of the final plat drawings.
v. Include a notation stating that buyers of property should ensure that they have
obtained and reviewed all sheets of the plat and all documents recorded and
filed in conjunction with the plat, and that buyers of property are strongly
encouraged to contact the local community development department and
become informed of any limitations on the use of the property prior to closing.
This notation is also included in the certificate on sheet 1 of the final plat drawings.
vi. List all associated recorded documents and recorded document numbers.
Recorded documents and document numbers have been provided.
vii. List easements, including easements for agricultural water user facilities.
Documentation of easements has been provided on the final plat.
2. Sec. 38.270.030 – Completion of Improvements.
a. 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.
Response to Recommended Conditions of Approval
May 20, 2022
Page 5 of 6
All improvements, except sidewalks, are planned to be completed prior to final plat approval.
Therefore, an Improvements Agreement is not anticipated or planned.
Sidewalks will not be installed prior to final plat and are therefore listed as a financially
guaranteed item on sheet 3 of the plat. It is our understanding that this notation is adequate
and typical for sidewalk guarantees, and that the City’s Improvement Agreement form is not
required for the sidewalks.
3. Sec. 38.240.450 – Certificate of completion of non-public improvements.
a. Certificate must specifically list all installed improvements and financially guaranteed
improvements.
This certificate has been provided on sheet 3 of the plat.
4. Sec. 38.410.060. – Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed hard
copies of the easements must be submitted to the City prior final plat approval. The
applicant may contact the review engineer to receive standard templates.
b. The applicant must provide a ten foot utility easement (power, gas, communication,
etc.) along the developments property frontage.
A ten foot wide utility easement along the property frontages (Roger’s Way) has been provided
on the plat. A separate easement document has not been provided since it is our
understanding that this easement can be dedicated on the plat.
c. The applicant must provide a storm drainage easement along the proposed storm
sewer main and detention facility.
A storm drainage easement on Lots 9 and 10 has been provided and dedicated on the plat. A
separate easement document has not been provided since this easement has been dedicated
on the plat.
An easement has not been provided for the stormwater pond located inside the open space. It
is our understanding that an easement is not required for this pond, per our discussions with
the City, since the open space lot will be owned and maintained by the HOA.
d. The final plat must provide all necessary utility easements and they must be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location.
Easements are shown on the plat drawing.
5. Sec. 38.410.130 – Water Adequacy.
a. Subject to subsections B and C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset the
entire estimated increase in annual municipal water demand attributable to the
development pursuant to subsection D.
Response to Recommended Conditions of Approval
May 20, 2022
Page 6 of 6
i. Payment-in-lieu of water rights must be made for the townhouse lots prior to
final plat approval.
Payment of cash-in-lieu of water rights has been made by the landowner. Documentation of
the payment has been provided with the final plat application.
6. Sec. 38.410.130.C.2 – Water Adequacy.
a. Compliance with this section is deferred for the following developments until the
occurrence of future development if the applicant records a notice of restriction on
future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: Individual lots of a subdivision final plat planned for future
multiple-household development.
i. A note must be included in the conditions of approval sheet indicating lots
which will require future payment of cash-in-lieu of water rights upon future
development.
A note has been included on sheet 3 indicating that future payment of cash-in-lieu of water
rights is required for Lots 10 and 11, prior to development of those lots.
Sincerely,
WGM Group, Inc.
Gary Fox, PE
PROJECT ENGINEER
W:\Projects\201016\Docs\Subdivision Submittal\Final Plat\Narrative_ResponsetoFOF_AnnieSub.docx