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HomeMy WebLinkAbout004 Narrative Response to Coniditions of Approval1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com Civil/Structural Engineering and Surveying June 17, 2022 Sarah Rosenberg City of Bozeman Department of Community Development 20 E. Olive Street Bozeman, MT 59718 RE: Norton East Ranch Subdivision, Phase 5B – Final Plat Application Narrative Letter (C&H #161141, COB #P-21024) Ms. Rosenberg: This letter is to provide a narrative response to the Conditions of Approval and Code Requirements Requiring Plat Correction found in Section 2 and Section 3 of the Findings of Fact and Order for Norton East Ranch Subdivision, Phase 5. Responses to these items are provided in italics below: SECTION 2 – 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. This is understood. 2. The plat shall 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); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of two (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. 03/03/23 22203 Norton East Ranch Ph. 5B FP Civil/Structural Engineering and Surveying This is understood. This phase of Norton East Ranch is expected to be completed in the Summer of 2022. It is understood that final approval may not be granted until As-Built documentation has been provided. The Improvements Agreements provided with this application assume completion of curbing and paving improvements for public roads with in the project. The necessary polyester film prints will be provided upon approval of the draft of the Final Plat. 3. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. This is understood. The Final Plat draft included in this application includes the necessary dimensions. 4. Any public access easement for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. Understood. Copies of both open spaces associated with Phase 5B have been included with this application for reference. 5. Per BMC Section 38.220.070.A.2, 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 county weed control 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. This is understood. A copy of the signed MOU with the Gallatin County Weed Department is included with this application. 6. This notation must be included on the conditions of approval sheet of the final plat: “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, boulevard trees 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 forthe 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 Civil/Structural Engineering and Surveying 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 Norton Ranch Phase 5 subdivision.” This is understood. This note is included under the “general notes” section of the conditions of approval sheet of the plat. 7. Duration of the preliminary plat approval is limited, per BMC 38.240.130.A.5.f. Prior to any extension of the preliminary plat approval, the intersection of Laurel Parkway and Durston Road must either be upgraded with a signal or roundabout with design approved the City’s Engineering Division, orthe applicant must provide an updated traffic impact study at the time of extension request indicating the intersection level- of-service standards can be met per BMC 38.400.060.B.4. This is understood. 8. Per Code Section 38.350.060 fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. This standard must be added as a note listed on the conditions of approval sheet of the plat. Properties on Block 21, Lot 2-8 AND Block 27, lots1 and 2 are affected by this code requirement. Understood. This note is included under the “general notes” section of the conditions of approval sheet of the plat. 9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted with initial final plat to be recorded after approval. Understood. The copy of the Eight Annexation to the CC&R’s is included with this submittal, as well as the existing CC&R’s. 10. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcel, is the responsibility of the property owners’ association (POA). Understood. This note has been added to the final plat. 11. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found inthe Norton East Ranch, Phase 5 Affordable Housing Plan recorded as document no. at the Gallatin County Clerk and Recorders Office.” Based on the 2021 legislative decision, affordable housing is no longer required as part of this development. Therefore, this reference has not been added to the plat. Civil/Structural Engineering and Surveying 12. BMC 38.420.020.D. Park easements provided for future phases do not transfer maintenance responsibilities to the Parks Department. The Parks Department will assume maintenance responsibility upon future phase final plat and final acceptance of improvements. This responsibility must be indicated in the certificate of dedication on the final plat. Understood. This note is included under the “general notes” section of the conditions of approval sheet of the plat. 13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland compliance per each sub phase of Phase 5 must also be shown in the Parkland Tracking Table as required in Section 38.420.020 BMC and be placed on the conditions of approval sheet of the final plat. On Preliminary Plat page 3 and Park Plan L100, consolidate the Parkland tracking table displaying the same phase and zoning district lot sizes together in one row. Add a row with details about when the Park Master Plan was approved and arow that gives the total cost of improvements being constructed. If an improvements agreement will be requested, please indicate that within the table. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) andthe total area of each. Understood. The parkland tracking table has been updated and provided on the conditions of approval sheet of the attached plat. 14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton Ranch Properties, LLC. And the US Army Corps of Engineers within the City Park parcel is transferred to the City of Bozeman with the final plat. This is noted. A copy of the conservation easement is included with the final plat application. The City Park is currently shown as an easement over the remainder lot. The park parcels will be transferred during the platting of subsequent phases. 15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, 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. This is understood. 16. If not already filed, the applicant must provide and file with the County Clerkand Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: Civil/Structural Engineering and Surveying a. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; d. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; e. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage; f. Intersection improvements to Laurel Parkway and Durston; g. Intersection improvements to Laurel Parkway and West Babcock Street; h. Intersection improvements to Laurel Parkway and Huffine Lane; i. Intersection improvements to Cottonwood Road and Huffine Lane; and j. Intersection improvements to Cottonwood Road and West Babcock Street. The document filed must specify that in the event an SID is not utilized for thecompletion of these improvements, the developer agrees to participate in an alternate financing method for the completion of these improvements on a fairshare, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, ora combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. Understood. This waiver was filed with the Phase 6 final plat including the land now referenced as Phase 5 and Phase 6. A copy of the recorded easement is included with this application for reference. 17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage for the full length of the development. Understood. The no access strip for Phase 5A is shown on the final plat for that phase. No frontage along Babcock is included with Phase 5B. 18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage Block 16 of the development. Understood. This will be provided with the Phase 5C final plat. No frontage along Laurel Parkway exists in Phase 5B. 19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive frontage of Lot 11 Block 22 of the development. Civil/Structural Engineering and Surveying Understood. The no access strip is provided along Lot 11. 20. The applicant must include a note on the plat as follows, “This is a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitarysewer system. Sump pumps are not allowed to be connected to the stormdrainage system. Water from sump pumps may not be discharged onto streets, or into the curb and gutters where they create a safety hazard for pedestrians and vehicles.” Understood. This note is included under the “general notes” section of the conditions of approval sheet of the plat. Note number 7. 21. The subject property is located in an area with high groundwater with potentially corrosive soils, which can increase the likelihood of water main failure over the lifespan of the asset. The applicant must perform a corrosivityanalysis to determine if cathodic protection is required for the proposed distribution mains. Understood. Corrosivity testing was performed and the results were provided to the City with the infrastructure design of the Phase 5A and 5B improvements. A copy of the testing is provided with this application as reference. 22. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). Understood. A note has been added to the plat to address this condition. 23. The applicant must provide a drain tile maintenance plan for the existing tile drain along Fallon Street to the City Engineering Division for approval and include the maintenance plan in the POA documents prior to final plat approval of any plan within Phase 5. The plan must include the long-term maintenance instructions for the POA and an exhibit clearly showing the location and detail for the tile drain. The drain tile construction plans and maintenance plan was included with the Phase 4 final plat. A copy of these plans is included for reference. These items will be incorporated into the CC&Rs for the development. 24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. Civil/Structural Engineering and Surveying The street names were reviewed by the county GIS department and City Engineering department. Confirmation of the proposed street names are provided prior to final plat approval. 25. The stormwater design assumes a flow rate from the infiltration of groundwater water. No data has been provided to justify this flow rate. Prior tocompletion and acceptance of the stormwater design the infiltration flow rate must be verified during the period of seasonal high groundwater. If the flow rate exceeds the assumed value, the system must be altered to ensure all City drainage standards are met. Verification may not take place while dewatering is in operation. The applicant must send verification to the Community Development Office before final plat approval. This is understood. Included with the final plat submittal is a letter explaining updated stormwater observations made during the spring of 2022. The letter is intended to show that adequate capacity exists within the proposed detention pond given the groundwater infiltration rates observed coming from Phase 3 of Norton East Ranch. 26. 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 infrastructure improvements per BMC Section 38.270.030.B. This is noted. The City and DEQ approvals for the water and sewer main extensions within Phase 5A and 5B are included in the final plat submittal. As previously discussed, it is understood that the As-Built and infrastructure close-out information will be provided prior to the final plat approval being finalized. 27. 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. This is noted. The appropriate wetland and waterway permits were obtained prior to construction or alteration of any of these features on the property. Civil/Structural Engineering and Surveying 28. The complete right-of-way for Laurel Parkway from West Babcock to the northern boundary must be dedicated with the initial phase of the subdivision. This is understood. The complete right-of-way for Laurel Parkway was dedicated with the Phase 6 final plat. 29. Temporary stormwater easements must be provided for the stormwater ponds not located within a common open space lot. The easement language must be approved by the City of Bozeman and the executed easements recorded with thefinal plat. This is noted. An easement was dedicated for the Laurel Parkway stormwater pond with the Phase 6 final plat. A copy of the recorded easement is attached for reference. 30. A separate lot must be created for the Norton Ranch Lift Station. The lot must be transferred to the City at the time of final plat to enable the long-term access, maintenance, and operation of the station. Understood. The Phase 6 final plat provided a separate lot for the lift station. 31. As proposed the City’s minimum length of tangency at intersection cannot be met with the proposed public street easement between lots R1A and R1C. The easement and lots must be adjusted to ensure the City’s minimum street standard can be met. Understood. The common lot line and street easement between Lot R1A and Lot R1C has been revised to provide a 100’ tangent length at the connection point to Laurel Parkway. 32. A minimum of a 12 foot all weather access ramp designed to support maintenance vehicles must be constructed to the stormwater pond at the northwest corner of the site. The access must be reviewed and approved withthe subdivision infrastructure plans. Understood. This access was approved with the Phase 5A/5B infrastructure plans. 33. A sixty foot wide Public Street and Utility Easement must be provided on Lots R1A, R1B, R1C, and R1D. The easement must be centered on the lot lines and extend the full width of the lots. These easements must be provided at final plat with a separate document which contains the City’s standard public street and utility easement language. Upon future subdivision of Lots R1A-R1D, the easement may to be revised to ensure compliance with the City’s street and block length standards. Understood. This easement was dedicated with the Phase 6 final plat. A copy of the recorded easement is included for reference with the Phase 5A final plat application. Civil/Structural Engineering and Surveying 34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on the final plat that states the following: Notice is hereby given to all potential purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision, City of Bozeman, Gallatin County Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.270.030. As such, the restriction isfiled with the final plat that stipulates that any use of these lots is subject to further subdivision or zoning development review and no development of these lots shall occur until all on and off-site improvements are completed as required under the BMC. Therefore, be advised that building permits will not be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision until all required on and off-site improvements are completed andaccepted by the City of Bozeman. No building or structures requiring water orsewer facilities shall be utilized on these lots until this restricted is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. This note was added to the Phase 6 final plat. 35. Linear Park 5B and all improvements within it must be completed with Phase 5A. Understood. The Linear Park is scheduled for construction with Phase 5A and will be financially guaranteed with this final plat for Phase 5A. 36. The Property Owner Covenants cannot exclude accessory dwelling units and duplexes from the allowable uses. The City must be a party to the covenant. Understood. This is included with the draft of the revised covenants. SECTION 3 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS 1. BMC 38.220.300 and 310. The property owners’ association (POA) documents must be finalized and recorded with the initial final plat within Phase 5 of the entire property. The POA documents must include the requirements of Section 38.220.300 and 38.220.320. Understood. 2. BMC 38.220.070.A.8 Final plat review. The applicant must 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, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must provide sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. inthe submittal. Understood. This narrative satisfies this requirement. Civil/Structural Engineering and Surveying 3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community development department with a copy of all required streambed, streambank or wetlands permits or written notification from the appropriate agency the status of the wetland jurisdiction determination whether or not a 404 permit is required prior to the commencement to final plat approval of PHASES 5C and 5D The jurisdictional determination is included with the final plat submittal. Additionally, copies of the necessary permitting for the detention pond outfall are also included in the submittal. 4. BMC 38.400.010.A.2. Laurel Parkway is a collector street as identified in the City’s transportation master plan. Laurel Parkway must be fully constructed to ensure the convenient and reliable movement of traffic and effective access for emergency services. Laurel Parkway must be constructed from the northern property line of the subdivision West Babcock prior to final plat approval of Phase 5A of the subdivision or the future subdivision or site development of lots within Phase 6, whichever comes first. This section of Laurel Parkway must be guaranteed with an improvements agreement in order to receive final plat approval for Phase 6. Understood. Laurel Parkway is under construction with this phase of the subdivision, and was financially guaranteed with the Phase 6 final plat. 5. BMC 38.400.010.A. Parking must be restricted at all locations where the City’s Design Standards and Specification Policy (DSSP) minimum for Length of Tangency at Intersection has been deviated from and stopping sight distance cannot be met with the presents of parked vehicles. Understood. No parking signs and curb paint have been added at both intersections to restrict parking in the areas where these deviations have been requested. 6. BMC 38.400.010.A. STOP signs are required at all location where the City’sDSSP minimum for Length of Tangency at Intersection has been deviated from on non- through streets. Understood. STOP signs are included at both intersections where length of tangency is not met. 7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the approval of the first phase within Phase 5. Understood. This easement has been included on the final plat. 8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care Civil/Structural Engineering and Surveying and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a POA and, the applicant must record the proposed documents governing the association at the time of final plat of any phase within Phase 5. Understood. This maintenance plan has been incorporated into the HOA. The draft of the deeds for the open spaces to the HOA are included in the Phase 5B final plat submittal. 9. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city is a binding contract between the developer and the developer's successors in interest tothe lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval of any phase within Phase 5. Based on the 2021 legislative decision, affordable housing is no longer required as part of this development. 10. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. Based on the 2021 legislative decision, affordable housing is no longer required as part of this development. 11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its Civil/Structural Engineering and Surveying rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to thecity or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the cityor POA, along with all required state department of natural resources and conservation documentation, certification and authorization. Understood. A draft deed and realty transfer certificate are included with this final plat application for review for the transfer of the Linear Park lot to the City of Bozeman. 12. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. Understood. This certificate is included on the conditions of approval sheet. 13. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat. Understood. No non-public improvements are included with Phase 5A. 14. 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 and city parkland. This certificate must be provided on the final plat. Understood. Irrigation is proposed for the linear public park and public street boulevards, but will not be installed prior to final plat approval. 15. BMC 38.270.030 requires that all improvements to be dedicated to the public,such as water mains, sewer mains, parkland and related improvements, and public streets, must be financially guaranteed by an improvements agreement or installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed inthe state of Montana, and accepted by the city prior to the approval of the final plat, building permit, Civil/Structural Engineering and Surveying issuance of a certificate of occupancy or other identified benchmark as may be appropriate. Understood. An improvements agreement for the remaining Phase 5B infrastructure items is included with this final plat application. As previously noted the proposed improvements agreement is intended to be for those improvements not installed after construction of the roads within this phase. 16. BMC 38.420.090. Statements regarding waiver of right to protest the creation of the parks and trails district and indicating that parkland is maintained by the POA may be removed from the plat and covenants, with the exception of the comments regarding retention ponds. This is understood. 17. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City Park lots and all open space lots is required prior to final plat approval. Understood. Boulevard landscaping will not be installed prior to final plat approval, so it is included with the improvement’s agreement application with this submittal. 18. BMC 38.410.060. A City standard sewer easement must be provided for the proposed sanitary sewer connection along the northern property at any point where the sewer line is less than nine feet from the edge of public right-of- way (ROW) or if the access to a manhole falls outside of the public ROW. Noeasement has been shown on the plat. Additionally, the 10-foot front yard utility easement must be provided along the park and may not be placed within the sewer easement. The 10-foot utility easement must start from the edge of the ROW or sewer easement, whichever is greater and extend 10 feet into the property. The sewer main connection along the north property boundary (south of Vaughn Drive) is located in Open Space F of the Lakes at Valley West Subdivision, Phase 5A. The plat for this development notes that there is a City of Bozeman Street & Utility easement over this open space tract. The sewer main and proposed manholes are located within this OS tract and are greater than 9’ from the edge of the OS. A 10’ utility easement utility easement along the park will be platted in a future phase when the park is platted. 19. BMC 38.410.060. A drainage easement must execute and recorded for the stormwater pond outlet pipe from where the pipe leaves the subject property to the discharge point into Aajker Creek. This easement must be provided prior to the subdivision’s infrastructure approval. The easement must allow for the long-term access and maintenance of the pipe by the POA and access byCity staff to verify the Civil/Structural Engineering and Surveying pipe is being maintained. Understood. This has been provided to the city, and an additional copy is included with this submittal. 20. BMC 38.410.060. The City standard 10-foot utility easement must be extended along the western and eastern parks where the park fronts on public ROW. This easement must be shown on the final plat. Understood. These easements are shown on the enclosed plat. 21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be reconfigured to allow for phased development of the Norton Ranch Subdivision. The exact configuration is dependent on the phase and number of dwelling units to be served. Currently, there are three pumps at the lift station with a single principal pump that can operate under different hydraulic conditions that the station experiences, specifically column separation after pumping cycles. Montana Department of Environmental Quality (DEQ) Circular 2 requires that multiple pumps must be provided and of the same size. Units must have capacity such that, with any unit out of service, the remaining units will have capacity to handle the design peak hour flow. The station does not satisfy DEQ firm capacity requirements. The lift station mustbe upgraded prior to final plat approval for any phase within Phase 5. The Norton Ranch Lift Station is being upgraded to meet Montana Department of Environmental Quality (DEQ) requirements and to adequately convey flow. As part of the lift station upgrades scheduled to be completed, the existing submersible pumps will be replaced with three (3) Flygt NP 3102 SH 3 Adaptive 256 pumps. Each pump will operate with a variable frequency drive (VFD) that will improve pump performance, primarily during pump startup when the pumps are pumping against an empty force main. Two (2) pumps will serve as the main duty pumps and will have a combined capacity to meet the peak design flow for Phases 1-6, to include the proposed West Side Flats Subdivision, and the third pump will provide for required redundancy. The approved lift station upgrades were designed by HDR, Inc. and are scheduled to be installed during the summer of 2022. 22. BMC 38.410.070.A. 12 foot all weather access must be provided to each manhole proposed outside of the public right-of-way, specifically sanitary sewer along the northern property boundary. The existing asphalt pathway is not intended to support the loading from a City vacuum truck. The applicant must provide a pavement design report for the pathway demonstrating the necessary section required to support a City vacuum truck and upgrade the pathway as need. This report must be provided with the infrastructure submittal for the subdivision. Understood. The existing asphalt path along Vaughn Drive is being removed and replaced with the Phase 5A improvements so that it can support a city vacuum truck. Civil/Structural Engineering and Surveying 23. BMC 38.410.080.A. The proposed stormwater discharge from the detention pond on the northwest corner of the development is located off-site. The applicant must obtain an easement from the adjacent property owner for theoff-site discharge prior to final plat approval of any phase within Phase 5. This is understood. This has been provided to the city, and an additional copy is included with this submittal. 24. BMC 38.410.080.A. The subdivision is responsible for maintaining the stormwater system. A stormwater maintenance plan must be reviewed and approved with the infrastructure submittal. The approved plan must then be incorporated into the POA documents and a copy of the POA documents demonstrating inclusion of the stormwater maintenance must be provided to the Community Development Division prior to final plat approval of any phase within Phase 5. Understood. The maintenance plan was approved with the Phase 5A and 5B infrastructure and is included in the POA documents. 25. BMC 38.410.080.A. 12 foot all weather access must be provided to each stormwater manhole proposed outside of the public ROW and extend into all proposed ponds. This is understood. The 12-all weather access was provided and noted in the Phase 5A and 5B infrastructure plans. 26. BMC 38.410.130. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash in lieu of water rights andpay any cash in lieu of water rights due prior to final plat approval. Understood. An analysis of the CILWR estimate for Phase 5B is included with this submittal. The applicant has reached out to Brian Heaston and Griffin Nielsen regarding confirmation of this estimate. 27. BMC 38.400.040.A.2. Street names must be reviewed and approved by theCounty’s geographic information systems and City Engineering Departmentprior to final plat approval. The applicant must submit written approval from both entities with the final plat application. This is understood. As previously noted the County GIS and City’s engineering Department approvals are included with the final plat submittal. The final plat street names have been updated per this correspondence. 28. BMC 38.400.070. Subdivision lighting special improvement lighting district (SILD) information must be submitted to the City in hard copy and digital form. Any final plat application for Phase 5 will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. Understood. The special improvement lighting district approval is included with the Civil/Structural Engineering and Surveying final plat application. 29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located within Phase 5 must be obtained from the US Army Corp of Engineers prior to infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the subdivision. The determination must be provided to the City prior to infrastructure design approval. This is understood. The jurisdictional determination is included with the final plat application. If you require any further information, please give me a call. Sincerely, Drew Kirsch, E.I.