HomeMy WebLinkAboutNarrative Response to COA 06 04 20201091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768www.chengineers.com • E-Mail: info@chengineers.com
Civil/Structural Engineering and Surveying
June 4,2020
City of Bozeman Planning Department
Attn:Danielle Garber
20 E. Olive Street
Bozeman, MT 59718
RE:Narrative Response to Conditions of Approval for the Conditional Use Permit –
Westland Lofts Condominiums (COB #18557, C&H #171281).
Dear Danielle,
This letter is to provide a narrative response to the Conditions of Approval for the Conditional Use
Permit.This narrative is intended to accompany the Phase 2 Site Plan submittal.Responses to
these items are provided in italics below:
Planning:
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.
The above-noted requirement is understood.
2. The applicant is advised that Phase 2 will exceed the allocated capacity for this property
within the Baxter Meadows Lift Station as such Phase 2 cannot receive site plan approvaluntil additional capacity is created downstream as determined by the City’s Engineering
Division (i.e. the Norton East Wastewater Interceptor is constructed to take demand from
Baxter Meadows Lift Station, The Baxter Meadows Lift Station is upgraded, or an
alternative.).
The above-noted requirement is understood.
3. With the second phase of development, the project will exceed the original estimated tripgeneration for Lot 5 from the subdivision’s traffic impact study. Prior to approval of
phase 2, an addendum to the traffic impact study must be provided detailing impacts of
the increase. The addendum must include current traffic counts and capacity for the
surrounding local streets. A note to this effect must be added to the master site plan.
Civil/Structural Engineering and Surveying
The above-referenced traffic impact study is included with the Phase 2 site plan application.
4. The Westland Lofts Condominium Declaration must be amended to state that the
minimum 11 required parking spaces assigned as limited common elements for the
commercial uses cannot be assigned to residential uses; and minimum 59 parking spaces
for residential uses cannot be assigned for commercial uses.
The above-referenced modifications to the Condominium Declaration have been made as shown
on the draft Westland Lofts Condominium Declaration including with this Phase 2 Site Plan
submittal.
5. If not already filed for the subject site, the applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, and
storm drainage
c. Street improvements to Ferguson Ave including paving, curb/gutter, sidewalk, and
storm drainage
d. Intersection improvements to Baxter Lane and Ferguson Avenue
e. Intersection improvements to Cattail Street and Ferguson Avenue
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to site plan approval.
The above-referenced Waivers of Right to Protest Creation of Special Improvement Districts(SID’s) has been filed with the County Clerk and Recorder's office and is included with this site
plan submittal. The Document No. is 2673229.
6. Section 38.230.110.F BMC states that the right to a use and occupancy permit
is contingent upon the fulfillment of all general and special conditions imposed by the
conditional use permit procedure. All of the conditions constitute restrictions running
with the land use, apply and must be adhered to by the owner of the land, successors or
assigns, are binding upon the owner of the land, his successors or assigns,
must be consented to in writing, and must be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building permits, final
plan approval or commencement of the conditional use.
The above-noted requirement is understood.
Civil/Structural Engineering and Surveying
7. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation
of a conditional use permit approval:
The above-noted procedures are understood.
CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT APPCLICATION
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
appropriate to a location. A conditional use permit will be considered as terminated and of no
further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site plan
approval in 38.230.140.
The above-noted requirement is understood.
2. A conditional use which has terminated may be reestablished on a site by either, the review
and approval of a new conditional use permit application, or a determination by the planning
director that the local circumstances and regulatory requirements are essentially the same as at
the time of the original approval. A denial of renewal by the planning director may not be
appealed. If the planning director determines that the conditional use permit may be renewed on
a site then any conditions of approval of the original conditional use permit are also renewed.
The above-noted requirement is understood.
3. If activity begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the city may revoke the approval through
the procedures outlined in Section 38.200.160.
The above-noted requirement is understood.
8. The applicant must execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the conditional use permit, a waiver of right-to-protest creation of
Special Improvement Districts for parks and trails, which would provide a mechanism for
the fair and equitable assessment of costs for City parks and trails.
The above-referenced Waivers of Right to Protest Creation of Special Improvement Districts
(SID’s) has been filed with the County Clerk and Recorder's office and is included with this site
plan submittal. The Document No. is 2673229.
9. Applicant must provide a cash-in-lieu of parkland proposal that will be reviewed by the
Civil/Structural Engineering and Surveying
Recreation and Parks Advisory Board (RPAB), approved by the Director of Parks, and payment
be received by the City prior to final master site plan approval.
The above-referenced cash-in-lieu of parkland proposal was be reviewed by the Recreation and
Parks Advisory Board (RPAB)and subsequently approved by the Director of Parks according to
a memo dated May 12, 2020 (included herein).The cash-in-lieu of parkland payment has been
provided to the City.
If you have any questions or need any more information please give me a call at 406.587.1115.
Thank You,
Ryan Hudock,P.E.
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