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Home My WebLink AboutWetland Setback Variance Documentation 02-16-20 Wetland and Watercourse Buffer Variance March 24, 2014 City of Bozeman Department of Community Development Attn: Chris Saunders P.O. Box 1230 Bozeman,MT 59771-1230 RE: Flanders Mill Subdivision: UDD Wetland and Watercourse Upland Buffer Variance Request Dear Chris, Flanders Mill, LLC would like to request a variance for the UDO Watercourse Setback for select lots and features within the subdivision. Exhibit B illustrates the planned 50-foot upland buffer(orange hatching)and areas within the 50-foot zone where a variance is being sought(pink highlighted). The main reason for the requested variances concerns the width of current wetlands. We have presented the issue to the Wetland Review Board (WRB) and other City Planners to seek initial input on the complexities of the site. In order to create upland buffers several wetland areas would have to be filled. During the preliminary meeting, the WRB supported our concern and advised us not to fill wetlands in order to create upland buffer. Other reasons for the variance requests include street and culvert proximity to wetland areas and a City of Bozeman request to pipe a large reach of the Baxter- Border stream. The following table includes a list of all Blocks and Lots where a variance to the upland buffer requirement is requested (Table 1). All areas where the standard 50-foot upland buffer overlaps proposed lots have been included. Areas where streets overlap upland buffer are not included in the table. If you have any questions regarding the specifics of the enclosed, please call me at(406) 580-6993 or email me at lbacon@terraquaticllc.com. Any formal responses to this letter should be addressed to the following entity: Flanders Mill, LLC, ATTN: Walter Wolf, 235 Greenhills Ranch Road, Bozeman, MT, 59718. Sincerely, I Lynn Bacon Principal/Senior Scientist TerraQuatic, LLC TerraQotatic,LLC— 614 West Lamme Street—Bozeman,MT 59715 1 Flanders Mill Subdivision:UDO Welland and Watercourse Upland Buffer Variance Request March 20,2014 Table 1. Flanders Mill Wetland and Watercourse Upland Setback Variance Request Locations Block Lot or or Reason For Variance Request Street Street Side 1 9, 10 Current wetlands extend up to back of lots;we will enhance these areas rather than fill to create upland buffer. 10 1-8 Current wetlands extend up to back of lots;we will enhance these areas rather than fill to create upland buffer. 11 4-6 Current wetlands extend up to back of lots;we will enhance these areas rather than fill to create upland buffer. 12 4 Current wetlands extend up to back of lots;we will enhance these areas rather than fill to create upland buffer. This feature is essentially a stormwater pond;given its high function, we are preserving the wetland. 13 1-8, 11-17 Current wetland area extends beyond the UT Baxter wetland mitigation corridor resulting in an irregular 50-ft buffer corridor within the lot boundaries. A variance is requested to avoid filling wetland to create an upland buffer. 16 1, 14 Upland buffer extends slightly onto lots because of constrictions in watercourse corridor due to juxtaposition of road crossings. 17 16-18 City requested Baxter-Border stream be filled and piped>400 feet to remove traffic hazard; we chose to move the stream to avoid this type of impact. As a result,the area where the stream had to be moved is size-limited and a complete 50-foot buffer is not possible. 18 1-3 Current UT Baxter north of substation will now be considered a drain ditch. In order to maintain current culvert location under Flanders Mill Road the channel will be maintained in a majority of its former location,resulting in insufficient space to create upland buffer. 22 16 The wetland area will be expanded to the edge of the lot to potentiate reestablishment of wetland hydrology to this upland willow community,a likely historic wetland. 24 1-11 Current wetland area extends beyond the UT Baxter wetland mitigation corridor resulting in an irregular 50-ft buffer corridor within the lot boundaries. A variance is requested to avoid filling wetland to create an upland buffer. 25 3A&B— The channel feature along west side of lots will become a drain ditch once the new UT 6A&B Baxter corridor is constructed. It is unknown if ditches require an upland setback,however mitigation wetland will be constructed along this ditch where possible. Because of its required location,there is not enough room to place a buffer along the entire ditch;however buffer has been allowed where possible. 25 1,2 Current wetlands extend up to back of multi-family housing lots;we will enhance these areas rather than fill to create upland buffer. TerruOwaic,LLC— 614 West Lamme Street—Bozeman,MT 59715 2 I Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 2500649 Page 1 of 48 12/31/2014 09 35 07 AM Feu: $335.00 mill1111101�1111111111111111111IIN 1111111111111It11111111�11111lflllIIIIIlll Mr~� P-14024, Bozeman City Commission Findings of Fact and Order for the Flanders Mill Phases 1-7 Subdivision Public Hearing Date: Planning Board hearing on June 17,2014 City Commission hearing on July 7,2014 Project Description: A preliminary plat for a major subdivision with 295 lots on 136.75 acres and associated open spaces, streets,and parks.Alternatives to standards for block length and park land dedication are requested. Variances for block width,watercourse and wetland setbacks,provision of sidewalks,and block length are included. Project Location: Project is located southeast of the intersection of Flanders Mill Road and Baxter Lane and west of Ferguson Avenue. The property is legally described as Tract 1, Certificate of Survey 2834,Gallatin County,Montana. Actions:Approval with conditions per Sections 3 and 4 Motions: Dedication of Parks and Waiver of Park Dedication: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding dedication of parkland and waiver of park land dedication per Article 38.27 and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section 38.27.100 as depicted in the submittal materials with the applicable conditions set forth in the staff report. Approved 5-0 Release and Reconveyance of Park Easement: Having considered the proposed Park Plan for the subdivision and considered the application materials,public comment,and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination Page 1 of 48 2500� i Page 2 of 48 12/31/2014 09:35:07, Findings of Fact& Order for the Flanders Mill Phases 1-7 Subdivision,P14024 Page 2 of 48 with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision. Approved 5-0 Wetland and watercourse setback: Having reviewed and considered the application materials, public comment,and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.23.100 to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report. Approved 5-0 Block width: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.23.040.0 to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Approved 4-1 Alternative block length: Having reviewed and considered the application materials,public comment,and all the information presented, I hereby adopt the findings related to alternative block length compliance as allowed by Section 38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Approved 5-0 Level of Service: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding a variance from Section 38.24.060 to allow an intersection to function below level of service"C" as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. Approved 5-0 To provide a Class I Transportation Pathway instead of a sidewalk: Having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.24.080 to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane,and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the applicable conditions set forth in the staff report. Approved 4-1 Subdivision as a whole: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14024 and move to approve the major subdivision with conditions and subject to all applicable code provisions and incorporating all prior actions EX—ff!-FLANDERS OWL YeiuLo AM STFW o WAOT AM MM"TWa a" u xTI!RR-LANE _ _ - - —___—___- --'. �•,-t�' .Oc ok 1 atILI Itft10 _.._ at 11...i3 ''_.. ar at _ I r 9L ILI AV Ytall a0ILI At �i \ ILI I I �- al ' ` at as L I - \` st DO ' I i ss I at 142 Frn 'I'.1 I•Ii' Fn 1 dill 1 ' Al ft 'I E! 1 I at as as at \ EL at _• a I sl I at ( I at of at -• a- I at atSO j 5i l 1 �V AL Yt 1 f � at � ar fkt- as I �I 9 Acre ` '� _ :.,1rL_- I i `Es _ LL I 34 �,' -1 1 I I• -� I I I II i I al I ---- I 12L -I, �I