HomeMy WebLinkAbout003 Conditions of Approval-Responses
June 29, 2022
Sarah Rosenberg, Associate Planner
City of Bozeman Department of Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
Re: Bozeman Gateway Phase 5 Final Plat Application
COB#: 22145
MMI#: 6558.005
Dear Sarah:
This letter is to provide written responses to the recommended conditions of approval stated in the
Findings of Fact dated August 18, 2021. Below are our responses associated with each condition.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
These conditions are specific to the preliminary plat application. Staff has considered the impacts as
identified in the staff analysis and application materials and these conditions of approval are reasonably
related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and
approval, a written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient
detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the
submittal.
Acknowledged, this letter will be used as the narrative to illustrate how each code provision has
been addressed as well as directing the reviewer to the appropriate submittal document.
2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or
offered dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners’ association (POA) of any open
space proposed to be conveyed to the POA and all its right, title, and interest in any
improvements made to such parkland or open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a warranty
deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the
POA and associated realty transfer certificate. The subdivider or owner of the property must
record the deed or instrument at the time of recording of the final plat. For personal property
installed upon open space owned by the property owner’s association, the subdivider shall
provide an instrument acceptable to the City Attorney transferring all its rights, title and interest
in such improvements including all applicable warranties to such improvements.
Acknowledged, the Owner of the property will transfer the open space to the “Declarant” as
described in the attached Declaration of Restrictions and Grant of Easements of Bozeman
Gateway. This was presented to the Director of Community Development and the City Attorney
and both accepted the “Declarant” as the POA.
3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any
platted tract to the City or other entity in association with filing of the final plat.
See attached original Deed DOC# 2655222.
4. BMC 38.410.060.A. 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.
See the Final Plat and easement exhibits provided in this submittal.
5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space
established in the municipal code the following language shall be included on the Conditions of
Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other
applicable elements of the municipal code, ownership of all common open space areas and trails,
and responsibility of maintenance thereof and for city assessments levied on the common open
space lands shall be that of the property owners’ association. Maintenance responsibility shall
include, in addition to the common open space and trails, all vegetative ground cover, and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas. All areas
within the subdivision that are designated herein as common open space including trails are for
the use and enjoyment by residents of the development and the general public. The property
owners’ association shall be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all common open space areas and trails. At the same time of
recording the final plat of the subdivision the subdivider shall transfer ownership of all common
open space areas within each phase to the property owners’ association created by the subdivider
to maintain all common open space areas within Bozeman Gateway subdivision. The City may
release the Bozeman Gateway Property Owners’ Association from the obligation to maintain
parks dedicated to the City at the City’s discretion.”
Understood, this language has been included in the Conditions of Approval on Sheet 3 of the
final plat.
6. Codes, Covenants & Restrictions must be updated and submitted with initial final plat to be
recorded after approval.
The included Declaration has been filed under DOC#2247808.
7. The final plat must contain the following notation on the conditions of approval sheet of the final
plat: The responsibility for the maintenance of the stormwater facilities and associated
landscaping in the open space lots and street frontage landscaping for the perimeter streets must
be that of the property owners’ association. Maintenance responsibility must include the
functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and any vegetative ground cover and landscaping on the open space lots. 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 open space
lots and stormwater facilities. The perimeter streets of this subdivision include Garfield Street,
Fowler Avenue, Huffine Lane, and Technology Boulevard.
Understood, this language has been included in the Conditions of Approval on Sheet 3 of the
final plat.
8. Simultaneously with filing of the final plat, in conjunction with required or offered dedications,
the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall
transfer ownership to the property owner’s association of all any open space proposed to be
conveyed to the property owner’s association and all its right, title, and interest in any
improvements made to such parkland or open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a warranty
deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the
property owner’s association and associated realty transfer certificate. The subdivider or owner
of the property must record the deed or instrument at the time of recording of the final plat. For
personal property installed upon open space owned by the property owner’s association, the
subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights,
title and interest in such improvements including all applicable warranties to such improvements.
Acknowledged, the Owner of the property will transfer the open space to the “Declarant” as
described in the attached Declaration of Restrictions and Grant of Easements of Bozeman
Gateway. This was presented to the Director of Community Development and the City Attorney
and both accepted the “Declarant” as the POA.
9. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear
on title reports. It shall read substantially as follows: Lots within the Bozeman Gateway
Subdivision Phase 5 are subject to specific design standards and unique building setbacks from
property lines. These standards may be found in Bozeman Gateway Development Manual. Lot
owners are advised that these are specific to the Bozeman Gateway Subdivision and are in place
of the general development standards of the City of Bozeman Zoning. If a development standard
is not specifically established in the Bozeman Gateway Subdivision approval documents the
general standards of the City apply. Modification of the special standards would require an
amendment to the Bozeman Gateway Planned Unit Development. Modifications are strongly
discouraged. It is the obligation of the lot owner to be fully informed as to these standards before
beginning any home or site design process. Approval by the design review entity established in
the covenants of the development does not bind the City of Bozeman to approve a construction
plan.
Understood.
10. BMC 38.220.020 & 38.610.050. The applicant must perform a wetland delineation per BMC
code. Approved stream and wetland permits shall be provided prior to public infrastructure
approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be
provided prior to Final Plat Approval for impacts related to Open Space infrastructure.
The Corp of Engineers determined the ditch to be non-jurisdictional on May 20, 2021 (see
attached determination); therefore no 404 permit required. The 310 permit is attached.
11. BMC 38.220.040. As presented, forty-five (45) feet of West Garfield Street ROW is to be
dedicated along the southern frontage of the proposed subdivision (intersection of Fowler and
West Garfield). The applicant must dedicate the West Garfield Street ROW in the Certificate of
Dedication of prior to Final Plat Approval. The applicant is advised that the City of Bozeman will
accept responsibility for the maintenance of West Garfield Street.
Understood - language has been added to the dedication certificate on Sheet 1 to reflect the
maintenance responsibilities, see included final plat.
12. BMC 38.410.130. Compliance with BMC 38.410.130 shall be met prior to Final Plat approval.
The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for
any cash in lieu of water rights determination.
Understood – Griffin Nielsen has been contacted and the final cash in lieu of water rights
determination is being coordinated and will be paid prior to filing the final plat. The CILWR
for Lot 2 will be deferred to the time of the future development, language reflecting this is
shown on page 3 of the final plat.
13. BMC 38.240.410. Technology Blvd West is a privately maintained street located within public
ROW as referenced in the provided approved PUD documentation. Prior to Final Plat Approval,
the certificate of dedication shall reflect private maintenance.
Understood – language has been added to the dedication certificate on Sheet 1 to reflect the
maintenance responsibilities, see included final plat.
14. BMC 38.240.510. The applicant must add the required text as stated in BMC Section 38.240.510
to the Conditions of Approval Sheet 3 prior to final plat approval.
The required text has been added to the Conditions of Approval located on Sheet 3 of the final
plat.
15. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. 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.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
b. All public stormwater facilities not on property dedicated to the City of Bozeman shall be
located within public drainage easements that provide for storm water facility maintenance
responsibility by the property owners association.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
c. A 1-foot no access strip shall be placed along all lots fronting on U.S. 191.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
d. 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. Sump pumps are also not allowed to be connected to 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 language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
e. All downstream water user facilities will not be impacted by this Subdivision.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
f. All lots are subject to a 10-foot wide front yard utility easement.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
g. All Open Space and Public Access areas to be owned and maintained by the property owner’s
association.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
h. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then
water rights or cash-in-lieu must be provided with any future site plan development or
applicable development application.
This language has been added to the Conditions of Approval sheet located on Sheet 3 of
the final plat.
16. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and approved by
the City of Bozeman before the approval of the final plat.
Understood – the Bozeman Gateway Development Manual was approved on September 1,
2021.
17. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the
Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to
be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the
Community Development office prior to final plat approval. The applicant must contact the
Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S.
Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) must be obtained by the applicant. Approved stream and wetland
permits shall be provide prior to public infrastructure approval for public infrastructure impacts to
jurisdictional wetland and streams.
Understood. A written statement from the U.S. Army Corps of the Wetland Status has been
included with the Final Plat application.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the
final plat.
1. 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.
Understood, as per Bozeman Municipal Code public improvements may be installed or
financially guaranteed. Mylars will be provided at the time of filing of the final plat.
2. BMC 38.100.080.A. 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.
Understood
3. BMC 38.220.300 & 310. The Property Owners’ Association (POA) documents must be finalized
and recorded with the final plat. The POA documents must include the requirements of Section
38.220.300 and 320.
The information in regards to the Property Owners’ Association is included in the Declaration
of Restrictions and Grant of Easements Doc #2247808 included in this submittal.
4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main
extensions, streets, and storm water improvements, prepared and signed by a professional
engineer (PE) registered in the State of Montana, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana Department of
Environmental Quality. The applicant must also provide professional engineering services for
construction inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a preconstruction conference has been conducted.
Building permits will not be issued prior to City acceptance of the site infrastructure
improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal
Code are met to allow for concurrent construction.
Understood, the plans and specifications have been submitted and are being reviewed by the
City Engineer. Once approved they will be submitted to DEQ for approval.
5. BMC 38.410.060.A. 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. The recorded easement number must be documented on the final plat.
Understood
a. The applicant is advised that all dedicated public easements must be recorded the City’s
standard template easement documents separate from the plat and the recorded
document number must be listed on the final plat. Easements will be deemed inadequate
if they are not in a final draft format (signatures are not required for the draft review).
Easements must be stamped by a licensed professional surveyor. In preparing signature
blocks on any upcoming documents, please make the following changes: Jeff Mihelich,
City Manager; Mike Maas, City Clerk. If a new member is established, the easement
documents must be updated.
A draft of the water main easement has been included in this submittal. If acceptable
a signed hard copy will be delivered to the city.
b. Utility easements shall be provided in accordance with the UDC. The required 10-
foot front yard easement is required along the lots on Fowler Road. The easement
must be recorded prior to final plat approval.
Understood. The 10ft front yard easements have been included on the Final Plat
c. A city standard thirty (30) foot wide sewer and water pipeline and access easement and
agreement for public water and sewer utilities located outside of dedicated public right of
way must be provided with the final plat. The easement must be recorded prior to final
plat approval.
A draft of the water main easement has been included in this submittal. If acceptable
a signed hard copy will be delivered to the city.
d. Prior to public infrastructure approval, the applicant shall obtain a public street and
utility easement from the adjoining property owner for the portion of Technology Blvd
West situated on the adjoining property to provide for a total dedicated right of way and
easement width of 60 feet.
Understood. Please see the attached written easement MSU. It is noted that since
originally written the city’s easement language has changed. This revision is
currently going through the MSU board of regents and will be provided to the city
upon receipt of the easement.
e. Any public access easement for the proposed sidewalk system that resides within
open space must have an easement recorded prior to final plat approval.
Understood. A draft of the public access easement has been included in this submittal.
If acceptable a signed hard copy will be delivered to the city.
f. A public drainage easement shall be provided for all stormwater facilities conveying
runoff from dedicated public right of way. The easement must be recorded prior to final
plat approval.
Understood. The public drainage runs off into open space 1A and does not need an
easement according to the Bozeman Gateway Development Manual.
6. BMC 38.410.060. The applicant shall provide easements for all agricultural water user facilities
located on the proposed subdivision property prior to final plat approval. The applicant shall
coordinate the location of easements with Farmers Canal Company. The existing easement for
Farmers Canal provides for a pipeline to be constructed on the existing section of open channel
canal. This easement shall be modified as needed if this portion of the canal will not be placed
in a pipeline. The applicant must provide the 30 foot farmers canal and public access easement
documentation. The recorded easement number must be written in on the final plat. Written
approval from Farmers Canal Company for all associated modifications or impacts to
agricultural water user facilities is required with the final plat.
The original state of the farmers canal was an open channel, if needed language can be
written to revert that section of the easement back to the original condition. However, written
approval from Farmers Canal Company is attached that they require that section of the
farmers canal to be left open.
7. BMC 38.240.410. Technology Blvd West is a privately maintained street located within public
ROW as referenced in the provided approved PUD documentation. Prior to Final Plat Approval,
the certificate of dedication shall reflect private maintenance.
Understood – language has been added to the dedication certificate located on Sheet 1 to
reflect the maintenance responsibilities, see final plat.
8. BMC 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.
Understood
9. BMC 38.240.450. The applicant is advised where public improvements are to be installed prior to
Final Plat Approval, the final plat of subdivision must contain a certificate of completion of
public improvements. Prior to Final Plat Approval, Sheet 1 certificates must list all completed and
accepted improvements, if applicable.
Understood, this has been included on Sheet 1 of the Final Plat.
10. BMC 38.240.530. The Certificate of Completion of water-related improvements is not shown on
sheet 1 of the plat and must be shown, if applicable prior to Final Plat Approval.
Understood the Certificate of Completion of water related improvements have been added to
Sheet 1 of the final plat.
11. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-related
improvements. The certificate must list all completed and accepted improvements, including but
not limited to all irrigation system record drawings. The subdivision proposes irrigation of public
street frontage. This certificate must be provided on the final plat.
Understood the Certificate of Completion of water related improvements have been added to
Sheet 1 of the final plat
12. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee
certificate must be included.
There are no liens or mortgages against the property.
13. BMC 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.
Understood, cluster boxes will be provided with a dedicated pull up area.
14. BMC 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.
The above info is located in the Development Manual which is referenced in the Declaration
(DOC#2247808) in Article I.I.II and is on file at the City.
If you should have any questions regarding these comments, revisions and corrections for the Phase 5
Apartments Final Plat Resubmittal don’t hesitate to contact me.
Sincerely,
_____________________________
James A. Ullman, PE
Project Engineer