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HomeMy WebLinkAbout005 Final Plat Written Narrative Final Plat Written Narrative 2131 Graf Street Minor Subdivision March 15th 2023 Response to Findings of Fact and Order for the 2131 Graf Street Minor Subdivision Preliminary Plat; Application No. 22188 Response to comments are in blue below. SECTION 3 – RECOMMENDED CONDITION OF APPROVAL Please note that this condition is in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended condition of Approval: 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or state law. Response: Acknowledged. SECTION 4 – CODE PROVISIONS All references are to the Bozeman Municipal Code (BMC) 1. BMC Section 38.100.080. Compliance with regulations required. The final plat must comply with the State statue, the Administration Rules of Montana, and the Bozeman Municipal Code. Response: Acknowledged. 2. BMC Section 38.270.030. The Applicant is advised that all common subdivision infrastructure including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be complete and accepted before final plat approval. This includes Lantern Drive, South 21st Avenue, Widening of South 19th Avenue, and improvements along West Graf Street including sidewalks, lighting, water, and sewer facilities. Response: All common subdivision infrastructure including roads, water, sanitary sewer & stormwater have been installed. Sidewalk and lighting along South 21st and Graf street to be included in an improvements agreement. 3. BMC Section 38.270.090.C. Common Area Maintenance Plan a. Prior to final plat approval, a maintenance access easement from the City is required for developer/Property Owner Association (POA) in order to assure City access to stormwater features within designated public park lands within these lots. Response: A maintenance access easement for access to stormwater features with the designated public park lands is included in this submittal. See document 006 Public Park Easement. b. The Applicant must prepare easement documents that include the area of access for stormwater feature maintenance. Response: An easement document that includes the area of access for stormwater feature maintenance is included in this submittal. See document 006 Public Park Easement. The access road to the access ports of the underground detention system is shown on the drawings 005 C2.1 South 21st As-Builts. c. The Applicant must provide an exhibit with the stormwater maintenance plan identifying all the stormwater features that the POA needs to maintain and have that included in the POA Covenants, Conditions & Restrictions (CC&R) document recorded with the Gallatin County Clerk and Recorder. Response: A stormwater maintenance plan is included in this submittal. See document 007 Stormwater Maintenance Plan. This is also located within the previous stormwater report. 4. BMC Section 38.220.070.A.8.h and 38.410.130.D. Transfer of water rights. Note Number 5 is included in the Plat Sheet 4, Conditions of Approval Sheets, advising prospective buyers that cash-in-lieu of water rights must be paid for these lots with future development of the lot. Response: Acknowledged. 5. BMC Section 38.410.060.D. Agricultural Water Facilities. East Catron Creek Conveys irrigation water, therefore, easements for the Agricultural Water User apply. Prior to final plat approval, the developer must establish an agricultural water users facility easement pursuant to Sec. 38.410.060.D. for the portion East Catron Creek crossing the subject property. Response: Agricultural water users facility easement is included in this submittal. See document 008 Agricultural Water Users Facility Easement. 6. BMC Section 38.420. Parks. a. A preconstruction meeting with the park Division is required prior to any site work. Applicants to provide most recent park plans and request meeting at least 30 days prior to commencement of parkland construction. b. All park wells, irrigation infrastructure, and water rights would be transferred to and owned by the City of Bozeman. c. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. d. Private utilities are not allowed within parkland. Non-park related public utilities are only allowed within the defined Public Utility Easements (PUE). Response: The park was previously installed before the Park Division required preconstruction meetings. All park wells, irrigation infrastructure, and water rights will be transferred to and owned by the City of Bozeman. Trails within open space will include agreement to utilize city-wide wayfindings and allow parks staff to install and/or repair wayfinding. Non-park related public utilities will be allowed within the defined Public Utility Easements (PUE). 7. BMC Section 38.410.060.A.1. All Easements, existing and proposed, must be accurately depicted and addressed on final plat and in the final plat application. Response: Acknowledged.