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851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594 | fax: 406-522-9528
February 11, 2021
City of Bozeman
Bozeman Planning Department
Attn: Marty Matsen
PO Box 1230
20 East Olive
Bozeman, MT 59771-1230
RE: South University District Phase 3 Major Subdivision 19090—Modification of Plat Conditions
and Variance
Dear Marty,
Thank you for organizing the meeting we had yesterday on South University District; it was very
helpful, and we appreciate your willingness to work with us. We are proposing two minor
modifications to two subdivision Conditions of Approval (#3, and #8) and one code correction (#13).
Additionally, we are proposing a variance from BMC 38.270.030 B.1.b.2 regarding the timing of
completion of improvements. The goal of these proposed modifications and variance is to allow
phased completion of subdivision improvements to more appropriate times. Please note that the
proposed modifications of the Conditions of Approval are applicable whether or not the variance is
approved, and the two items are not dependent on one another. Based on our conversation yesterday,
it is our understanding that a complete Preliminary Plat resubmittal and review is not required, but—
instead—only submittal of information supporting the discrete changes proposed is required.
Summary of Plat and Conditions of Approval Modifications
In response to, and in support of the proposed modifications to conditions, some minor modifications
to the Plat are necessary. These changes are clearly depicted on the revised Preliminary Plat included
with this application and can be summarized as changing Lot 1 Block 1 to a restricted lot and
dedication of rights-of-way of future streets. These revisions do not substantially change the
subdivision but support the proposed phasing of subdivision infrastructure. The revised Preliminary
Plat provided also reflects the proposed change to Condition of Approval #3 which is required to be
stated on the Plat. There are also non-impactful, minor revisions to the phasing of park
improvements to distribute park improvements more equitably.
In October 2020, Stahly submitted a proposed phasing plan for SUD Phase 3 which is included with
this submittal. The phasing plan identified road and utility connections for the four blocks as
restricted lots created with this plat. This plan identified subdivision improvements which are
required prior to the development of any of the four restricted lots, labeled as “Common Subdivision
Improvements” (shown in yellow). Furthermore, this plan identified three subsequent phases of
subdivision improvements that are required with the phased development of the restricted lots,
labeled as “Block # Off-Site Improvements” (other colors). These subsequent improvements phases
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are not required for the platting of the restricted lots and are only necessary to support development of
each of the restricted lots.
Based on this phasing plan, the Common Subdivision Improvements will be financially guaranteed
with an improvements agreement with the SUD Phase 3 Final Plat. The subsequent phases of each
block’s off-site improvements will be non-financially guaranteed by development restrictions placed
on these lots. As proposed by the modified Condition of Approval #3, the development restrictions
can only be lifted by subsequent subdivision or plan review of proposed development on each of the
restricted lots. This review will enable the City to more accurately identify and review required off-
site improvements necessary to support development of each restricted lots. Also, this review will
ensure that each restricted lot’s required off-site improvements are constructed or financially
guaranteed at the appropriate time.
Since the phasing plan changes the required SUD Phase 3 subdivision improvements, execution of
the SUD Ph 3 Phasing Plan, impacts Conditions of Approval #8 and Code Correction #13, which
reference the original extent of the subdivision improvements. The wording of these conditions will
not change but the referenced plan sheets C 1.0 and C 1.1 have been updated to clearly show the new
extent of the SUD Phase 3 Common Subdivision Improvements. These exhibits correspond with
recently approved plans for these improvements. Essentially, original subdivision improvements to
South 17th Avenue and State Street have been moved to the Block 1 and 2 Off-site Improvement
phase, requiring Lot 1 to be changed to a restricted lot.
Summary of Proposed Variance
A variance from BMC 38.270.030 B.1.b.2 is proposed to change the required timing of subdivision
improvements from prior to Building Permit to prior to Certificate of Occupancy. If approved, this
variance would allow parallel and simultaneous construction of on and off-site improvements. Each
restricted lot development phase would have required off-site improvements that would be need to be
completed before occupancy of any structure on the lot. Any particular timing requirements of on-site
or off-site infrastructure necessary to provide adequate access and life-safety to the development can
be addressed with the development review of each restricted lot. The beneficial result, if this
variance is approved, would be that new roadways would be finished around the same time as
buildings, and won’t have to bear (or risk damage from) heavy construction traffic during site
construction.
Please note that the proposed changes to Conditions of Approval #3 and the Phasing Plan are based
on this variance being approved. If this variance is not approved the language can be changed back to
the timing requirements stated in the current code, without resubmitting new Conditions of Approval.
Application Materials
Materials provided with this submittal are outlined in the Table of Contents included with the
submittal. An A1 form and CVA are provided. The A1 form identifies the two applications being
reviewed as a SVAR (subdivision variance), and “Other – Revision to Conditions of Approval”.
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With the variance submittal is the SVAR form and narrative response to the variance criteria. To
support the proposed revision to Conditions the following information is provided: a narrative;
revised Preliminary Plat; revised Subdivision Improvements Plans; and SUD Phase 3 Phasing Plan.
Noticing materials are also provided so these applications can be properly noticed to the public.
Please find enclosed applications for the above-described modifications and variance. If you have
any questions, please call me at (406) 522-8594.
Sincerely,
Stahly Engineering & Associates
__________________________
Zach Lowe, PE
Senior Project Engineer
enclosures
cc Jerry Pape, Triple Creek Realty
Bob Emery, RTR Holdings II, LLC
Randy Hecht, RTR Holdings II, LLC