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HomeMy WebLinkAbout013 Response to PreApplication Comments Narrative July 5th, 2022 Ross Knapper City of Bozeman Planning 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 RE: Nexus Point Subdivision – Response to PreApplication Comments Narrative #21089 City of Bozeman, Thank you for previous comments regarding Nexus Point Pre-Application submittal. Please find the following responses to your comments from your letters dated May 18th and July 1st, 2021 regarding the above stated project. Madison Engineer’s responses are in bold below. General Information Project Location: Minor Subdivision 235B, Lot 1 of Minor Subdivision No 235 located in the NE ¼ of S 23, T2S, R5E, PMM, City of Bozeman, Gallatin County, MT Project Description: Pre-application to create a major subdivision for 11 lots; 6 developable lots, 3 open space lots, and 1 park lot. The property is zoned R-O and is roughly 20 acres. A Master Site Plan was approved for this property in October 2020. Waiver Requests: The following waiver requests are not granted. Although many of them were part of the site plan process, it is important for these applications to also be in the subdivision application as a centralized location. 1. Surface Water 2. Groundwater 3. Water and Sewer 4. Stormwater Management 5. Streets, Roads, and Alleys 6. Utilities 7. Parks and Recreation Facilities 8. Neighborhood Center Plan Planning Division Comments 1. Section 38.400.080 - Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications and per the block frontage standards of division 38.510 apply. Sidewalks adjacent to public lands. The developer must install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Applicable sidewalks and development frontages adjacent to public lands are subject to the provisions of section 38.510.030.I. Response: Acknowledged. Sidewalks have been installed in accordance with the approved Site Plans and Infrastructure Improvement Plans. Site is currently under construction. 2. Section 38.410.040.D - Rights-of-way for pedestrians. Landscape and irrigation plans must be submitted with the preliminary plat application for the required landscaping in these rights of ways with the preliminary plat. This area must provide trees at one per every fifty feet in place of street trees. Utilize species recommendations for street trees. Maintenance of these rights of ways is the responsibility of the property owners’ association and must be represented in the POA documents required in BMC 38.220 part 2. Response: Landscape and Irrigation plans were previously submitted with the reviewed and approved site plan submittal. Per the request above, they are included in this submittal. 3. Section 38.550.070 - All perimeter street boulevard, street trees and landscaping must be installed within one year of final plat approval. Landscape plans for these areas must be submitted with the preliminary plat application. Provide provisions for phased improvements as necessary. Response: Landscape plans are included in this submittal. Northwestern Energy; Has an application to Northwestern Energy (NWE) been submitted? If not, submit an application online to have the NWE project engineer work with the applicant. Go to www.northwesternenergy.com/construction to apply online Montana Construction Application, and access Montana New Service Guide to provide information on electric and gas service requirements. Once an application is submitted the NWE project engineer will be in contact with the applicant. • The Master Site plan shows underground power (UP) only. Will any of the building units need gas services? Plat Sheet states Power and gas easement. • Please show proposed utility meter location for each of the buildings. NWE will need to review proposed meter location for the buildings and building elevation plans to review utility meter locations in reference to proper spacing distances and needed wall space for multi meter installation. Some of the buildings i.e. 12 Plex Builds could share one transformer for two buildings if meters can be located within the area between two buildings. • Please show proposed landscaping plans. NWE Will need to review landscaping plans with reference to proposed utility location. • Applicant needs to show proposed meter screening methods for the NWE engineer to review. If using a screening wall a drawing of the screening wall needs to be reviewed and approved by NWE for underground utility installation under the wall and access for operation and maintenance lines and equipment. Screening Walls. o Gas service cannot penetrate foundation walls that are attached to the building foundation per the International Fuel Code. Gas riser need to penetrate the building above ground. However, if the foundation is not attached to the building i.e. the foundation wall is isolated from the building for just supporting the wall, this is acceptable. o If this is a free standing foundation wall, a knock-out must be provided that is a min of 2’x2’ but may be required that the knockout be larger on the electric service depending on the meter base amperage. Consult NWE for proper sizing of knock-out o Contact NWE for placement of knock-out to insure that it lines up properly with the termination location to prevent bends in the gas or electric services. o Screening must meet the clear zone requirement of NWE Electric Service Requirements which typically for commercial application is 48” from the face of the electric meter. See meter location comment. o Gas meter cannot be located in recessed location where it is not open atmosphere above the meter without approval from NWE. o Screening cannot consist of rolling doors or other devices that are required to be open to access the meters. • Service & Meter Location. NWE safety policy is to maintain a minimum 30- inches wide by 3-feet clear zone between the front of the meter and landscape screening or wall screening for self-contained meter bases and 48-inches for installations requiring cabinets. Location of the meter(s) shall allow easy access to the meters for operation and maintenance. • Utility easements. Any extension of gas main or electric primary will need to be installed within an easement. A minimum of a10-foot easement is required. If an easement shall need to cross property other than the applicants, negotiations and costs between other landowners for such easements is entirely the applicant’s responsibility. Response: NorthWest Energy utilities have already been installed. Correspondence and coordination with Kory Graham previous took place during the installation process. STANDARD CODE PROVISIONS REQUIRED: The preliminary plat shall comply with the standards identified and referenced in the Unified Development Code. 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 Code and the Bozeman Municipal Code (BMC) and shall be addressed with the preliminary plat application: 1. Section 38.220, All preliminary plat requirements, as outlined in Article 220, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. 2. Section 38.240.050, Disposition of Water Rights. 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. 3. Per Section 38.240.420, Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 4. Section 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; i. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 5. Section 38.400.110.B.2, Recreation pathways. For the definition of recreation pathways, please see section 38.420.110.B. Delineate recreation and transportation pathways in the preliminary plat submittal. 6. Section 38.410.060, 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. 7. Section 38.410.080.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 by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. 8. Section 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. 9. Section 38.410.120, 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. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 10. Section 38.550.070 requires that the perimeter external streets of the subdivision be constructed with a vegetative boulevard, street trees and irrigation in the public right of way. 11. Section 38.220.310, Property Owners’ Association. All areas reserved for open space and other common areas (i.e., storm water facilities) to be owned and maintained by the property owners’ association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. 12. Section 38.220.320, 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 Department of Community Development 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, 9) noxious weed control, and 10) 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. 13. Section 38.270.030, 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. 14. Section 38.270.040, Special provisions for timing of certain improvements. Park, pathway, boulevard, and neighborhood center improvements must be installed or financially guaranteed prior to final plat approval. 15. Section 38.220.050.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. 16. Section 38.220.050.A.5, Documents and Certificates. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the preliminary plat application for review and approval by the Community Development Department 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, sidewalks, snow removal, and other areas common to the association pursuant to 38.220 Part 1 of the Bozeman Unified Development Code. 17. Section 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. 18. Section 38.240.110, A complete preliminary plat application shall be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre- application comments in the outgoing mail. Response: Site plan and infrastructure improvement plans were previously approved and site is currently under construction. As-builts for infrastructure improvements were submitted and approved. ENGINEERING COMMENTS: The following comments must be addressed prior to subdivision approval. Easements 1. The applicant must ensure that all utility easements follow the alignment of the utilities. a. The master site plan provided shows a sewer main in the northeast corner of the development outside of the easement. 2. The water easement on Lot 4 Block 2 must extend around the fire hydrant. 3. The applicant must show the public park easements on the plat. 4. The applicant must provide easements for water and sewer services that cross lot boundaries. 5. The applicant must provide a mutual access easement for access to Lots 3 and 4 in Block 2. A template for the easement is attached. 6. The applicant must provide a drainage easement for drainage crossing lot boundaries. A template that will need to be modified to be between the private parties is attached. 7. The applicant must include the document numbers on the plat for all easements. 8. The applicant must provide a copy of all recorded easements with the preliminary plat application. Response: Acknowledged. Easement comments above have been coordinated with Cody Flammond of the City Engineering department. Refer to preliminary plat drawings for several items above. Recorded public street and utility easement is attached to this narrative. Payback Districts 1. The subject property is located within the Meadow Creek Subdivision payback district boundary for traffic signal, water, and sanitary sewer improvements. The subject property did not participate in the original cost of construction of improvements and will be accessed a payback charge prior to subdivision approval. Please contact Marcy Yeykal at myeykal@bozeman.net for a determination of the amount. Reference documents: a. Gallatin County Clerk and Recorder #2293491 b. Gallatin County Clerk and Recorder #2293492 c. Gallatin County Clerk and Recorder #2293493 Response: Acknowledged. Lighting 1. BMC 38.570.030 – The applicant must install street lights per the City of Bozeman’s Standard Specifications for Lighting Materials and Installation prior to Final Plat approval. Street lights must be installed at the following locations: a. Intersections b. Mid-block crossings 2. BMC 38.400.070 - Street Lighting: The required public street light(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to Final Plat approval. 3. DSSP XVIII Lighting Submittals a. For Street Lighting submittals, provide luminaire cut sheets showing compliance with Table B - New Construction Lighting Design Guidance and Section XIII - Streetlight Luminaires. b. For Pedestrian Lighting submittals, provide a Photometric Plan for new installations showing compliance with Table C. Pedestrian Lighting Guidance. Also provide luminaire cut sheets showing compliance with Section XIV. Pedestrian Luminaires. c. Lighting calculations showing roadway luminance (comply with Table B), intersection illuminance (comply with Table A), sidewalk illuminance (Section XII – D), and light trespass (Section XII – D). d. The applicant is advised a Roadway Luminaire Submittal Form (contained within the DSSP) will be required with infrastructure review. Response: Acknowledged. ENGINEERING ADVISORY COMMENTS: 1. The Montana Department of Fish, Wildlife & 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 performing the pedestrian bridge work. Response: Acknowledged. Departments were previously contacted as the project is already under construction. Public Street and Utility Easement Retum to: Ci of Bozeman Ci Clerk P Box 1230 BozemathML 59771 30 ChrisG Budes 895TechnogyBlvd Suite2 Bo TanMT 59718 2706611 lllllllllllllllllilllllllllllllllllllllllllllIlllllllllllillllllllllll( PUBLIC STREET AND UTILITY EASEMENT Nexus Point LLC,GRANTOR,inconsiderationof $1.00 and forotherand valuable considerations,receiptof which isacknowledged,grantsto The City of Bozeman,a municipal corporationof the Stateof Montana,with officesat 121 North Rouse Avenue,Bozeman, Montana 59715,GRANTEE,itssuccessorsand assigns,a perpetualstreetand utilityeasement fortheuse of the public,in,through,and acrossa stripof land situatedin GallatinCounty, Montana,to be locatedon thefollowingdescribedrealproperty: Lot 1 Minor Subdivision235 locatedintheNE ¼of Section23,Township 2 South,Range 5 East,P.M.M.City of Bozeman,GallatinCounty Montana. The easement ismore particularlydescribedon theattachedExhibitsA,page 1 -4, which by thisreferenceismade a parthereof. The GRANTOR statesthathe possessesthe realpropertydescribedabove and thathe has a lawfulrightto grantan easement thereon. The GRANTOR furtheragreesthattheGRANTEE may peaceably hold and enjoy the rightsand privilegesherein grantedwithout any interruptionby the GRANTOR. The terms,covenants,and provisionsof thiseasement shallextend to and be binding upon the heirs,executors,administrators,personalrepresentatives,successors,and assignsof the partieshereto. DATED thi day of OÓ)20M By:, Grantor STATE OF pittAr\k _)|||AttA E /S ÑNW )ss. County of .L_47_) On this day of C TOf$m ,202,beforeme theundersigned,a Notary Public forthe Stateof Montana,personallyappeared /ErdNcA Nod diE ,known to me tobe 4 a A ccA of A Mur [vmf cc c and the person whose name is subscribedto the within instrumentand acknowledged tome thathe executed the within instrumentforand on behalfof Æ(<cw.(80/n r IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedrnyNotarialSealthe day and yearfirstabove written. Û CHRIS BUDESKI (PrintedName)C (4VL(j $L{O QNotaryPublicoTAR/for teofMontana Notary Publicforthe Stateof __fr.grif4d-_._._. SËÃL *Bozema on ana Residingat 02£_it(ms_ N emb My CornrnissionExpires 2 OM ACCEPTED: C ager ATTEST: CITY OF BOZEMAN,MONTANA City an r ....., ATTEST: CityClerk co.go STATE OF MONTANA ) )ss County of Gallatin ) On this day of 20 ,before theundersigned,a No ,r Publicforthe StateofMontana,personallyappeared ff)7___and ,known tome tobe theCityManager and CityClerk fortheCityof Bozeman,respectively,and the personswhose names aresubscribedtothewithininstrument,and acknowledged tome thattheyexecutedthe same forand on behalfof theCityof Bozeman. IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy NotarialSealthe day and yearfirstabove written. HEATHEFi BlENVENUE NotaryPubHc .OTAR4 forthe(SEWIg}Montana SËÃL.saze 1 ana otaryPublicfortheStateof Montana My CommiseonExpires:ResidingatBozeman,Montana .January26,2022 My Commission Expires EXHIBIT A: DEPICTING EASEMENTS OVER AND ACROSS N LOT 1 OF MINOR SUBDIVISION No. 235 LOCATED IN THE NE1/4 SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA E S 89°18'13" E 1228.05' (R) S 89°31'03" E 1227.92' (M) o Lot 1 10' wide public Minor Subdivision No. 235 utility easement Area = 20.0 Acres (R&M) Public Street and . N 89°22'02" W . Utility Easement - - - - - 9.89' (M) Area = 2.88 Acres s 89°31'05" w ° u) 10' wide public 10.16' (R) :1II g:, . utilityeasement ..· NT -.. 10' wide public . utility easement - - - - - . ._ .. .- --- --- S 89°49'56" W 1222.65' (M) -F.N,S LANTERN DRIVE S 89°57'50 w 1222.70' (R) . O - Väfrzo PROJECT NUMBER - -"-- MERIDIAN LAND DATE SURVEYING, INC. o SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 -2 Phone (406) 624-6565 SHEET 1 OF 4 e-mail: meridiansurveying@yahoo.com SCALE: 1 200 Lot 5A Amended Plat of Lot 5 and Lot 6 Tract 1 Genesis Business Park Subdivision I S 89°18'13" E 1228.05'(R) S 89°31'03" E 1227.92' (M) 73 53 0.25 Lot 1 Minor Subdivision No. 235 S L=114.62' Area =20.00 Acres (R&M) R=120.00'D=54°43'43" L=118.02' CH BRG=S 62°11'26" E . R=180.00' o CH L=110.32' 10' wide pubhc D=37°34'04" . utility easement CH BRG=S 70°46'16" E - ------S 89°33'18" E----- -- --------478.96'·------- - CH L=115.92' ARNOLD STREET 10' wide public . . . N89°53 8 W 168.66 utility easement -89 - .29 -- r- - - -- -- ----- 3 L=171.94 .. R=180.00 10' wide public . D=54°43'43" e utility easernent CH BRG=N 62°11'26" W 7 Z CH L=165.47' L=78 68 D=37°34'04" 6 z CH L=77.28 B . B MATCH L.INE PROJECT NUMBER MERIDIAN LAND DATE-²° SURVEYING INC. 0 ,» 2- SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 Phone (406) 624-6565 SHEET 2 OF 4 e-mail: meridiansurveying@yahoo.com N 10' wide public ^ utility easement L=72.18R=120.00 o - D=34°27'48" l E T CH BRG=S 72°59'06" E uJ CH L=71.10' . ---N89°47'00"E--186.45'-- o o N 89°22'02" W $89 4 0 1 7 1 - s 8 w 10' wide public L=110.44' 10.16' (R) utility easement R=180.00D=35°09'16"CH BRG=N 72°38'22" W CH L=108.72Lot 1 o Minor Subdivision No. 235 IF----- Area =20.00 Acres (R&M) °o ° l|II I||1 | | N 89°49'56" E 1222.65' (M) - - - - S 89°57'50" W 1222.70' (R) PROJECT NUMBER -- ""ªª-- M E RI DIAN LAN D DATE"°"²°²° S U RVEYI N G I N C. o soo· 20o· soo· SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 Phone (406) 624-6565 SHEET 3 OF 4 e-mail: meridiansurveying@yahoo.com SCALE: 1" = 100' N N D/[ l 10' wide public 10' wide public utility easement M utility easement c o O L=73.45' B B R=120.00' .°.t1 MATCH LINE i D=35°04'06" Minor Subdmston No. 235 L=110.17' CH BRG=S 17°25'48" E Area = 20.00 Acres (R&M) R=180.00' CH L=72.31' 03 D=35°04'06" S CH BRG=N,7°2548 w CH L=108.46' . L=112.30' z R=180.00' L=43.56' z D=35°44'47" R=180.00' L=31.01' L=75.35 CH BRG=S 17°05'28" E D=13°51'51" R=120.00' R=120.00 CH L=110.49' CH BRG=S 82°17'40" E - D=14°48'20" D=35°58'31" CH L=43.45' CH BRG=S 82°45'54" E CH BRG=N 16°58'36" W CH L=30.92. CH L=74.12 _ _ _ _ _ _ _ __ - -- - _ _ - _- - - - - -N89°49'56"E - 505.58'- - - ---- - - - - -- - 0 LANTERN DRIVE 39.94 LÁNTERN É)FklÝE 60' Wide City of Bozeman . PubHcStreet 639.26 6 T S 89°49'56" W 1222.65' (M) A S 89°57'50" W 1222.70' (R) PROJECT NU MBER MERIDIAN LAND DATE SURVEYING, INC. 0 200· 200 S00 SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 Phone (406) 624-6565 SHEET 4 OF 4 e-mail: meridiansurveying@yahoo.com SCALE: 1"=100'