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HomeMy WebLinkAbout22264 Canyon Gate PP Approval LetterPage 1 of 6 May 19, 2023, transmitted by Project Dox only Canyon Gate Investors, LLC Brooke Perrelli, SMA RE: Application No. 22264; Canyon Gate Major Subdivision Preliminary Plat (PP)--Preliminary Conditional Approval. Subject Property: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No. 2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624 located in the SW ¼ of Section 32, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Dear Gentlepersons: On April 18, 2023, the Bozeman City Commission met to consider your application for a major subdivision preliminary plat (PP) to divide the 24.14-acreabove-referenced property zoned B-2M, R- 3, R-5, and REMU to create a 5-Block, 15-lot subdivision consisting of 11 buildable lots, 1 open space lot, and 3 City park lots as well as public roads. Off-site improvements include underground flood management pipes leading to Bridger Creek to serve the development and could include an extension of Canyon Gate Boulevard road eastward to connect to the adjacent Northview Street. The Commission agreed that, with conditions and code provisions, the PP application meets the criteria established by State Statute and the Bozeman Municipal Code. Therefore, the application was approved with the staff-recommended conditions and applicable code provisions noted below. The Motion approved by the Commission states: “Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for Application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” This Motion passed unanimously, 5 to 0. “ A video of the City Commission public hearing of April 18, 2023, can be accessed through the following link: Canyon Gate PP April 18, 2023 City Commission mtg. Included in the Project Dox City Documents folder is the signed Findings of Fact and Order for this application by the City Commission. Page 2 of 6 Please note that pursuant to BMC 38.240.160.A.2, as a single-phased subdivision, you have a maximum of two (2) years following the approval of the preliminary plat to submit and have an approved Final Plat covering the entirety of the subdivision development. The date of approval of the Ferguson Farms II Preliminary Plat is the date the Mayor signed the Finding of Fact and Order (FOF) staff report which was on May 16, 2023. The signed FOF staff report has been uploaded to the City Documents folder in the 22264 Project Dox file. Note that Section 7.H of the FOF staff report describes an appeal process should you object to the Commission’s actions or orders. If you have any questions, feel free to contact your Development Review Coordinator Jacob Doesschate at jdoesschate@bozeman.net or me at smontana@bozeman.net. Sincerely, Susana Montana, Senior Planner PRELIMINARY PLAT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in the Findings of Fact report. These conditions are specific to this project. 1. BMC 38.600.170. Flood Risks. The following recommended conditions of approval address flood hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project. A. Prior to issuance of public infrastructure plan approval by the City, the following must occur: i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional engineer. The certification shall include a statement that the proposed 100-yr flood hazard mitigation plan is adequate to keep the proposed development reasonably safe from flooding and does not increase the identified existing risk of 100-yr flooding to other properties. ii. The design engineer shall certify that all proposed flood hazard mitigation improvements contained in the stormwater design report and stormwater infrastructure plans and specs are adequately sized to convey the relevant 100-year flood flows identified in the certified flood hazard evaluation report. iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood conveyance path identified in the certified FHE report between the Page 3 of 6 offsite point of discharge of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a legal analysis, acceptable to the City Attorney, verifying that those drainage easements are not required under applicable state law and local ordinance. B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions of Approval’ sheet notifying future property owners, in language approved by the City Attorney, that the subdivision is subject to 100-year flood hazards identified in the FHE that are not reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) effective April 21, 2021. The notification provision shall also state that the future revision of the official FEMA FIS and FIRMs may place/map portions of the development into the regulatory floodplain, potentially subjecting property owners of those areas to local floodplain regulations and federal flood insurance mandates. C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder, acknowledging the risk of proceeding with development review applications prior to updated FEMA maps and agreeing to forever hold the City harmless and defend it against claims. 2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk width on the west side of Story Mill Road will be made by the City prior to Infrastructure Plan approval and in cooperation with the Transportation Master Plan relevant to the Canyon Gate area. 3. 38.410.070. Sanitary Sewer Systems. a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 3.a above, demonstrates that the subject development does not have adequate downstream sewer Page 4 of 6 capacity in accordance with BMC 38.410.070.A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City in accordance with BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified in 3.a above into the City's facility plan. REQUIRED CODE PROVISIONS 1. BMC 38.100.080 – Compliance with regulations required. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver and/or Administrative Rules of Montana or other relaxation of the lawful requirements of the Bozeman Municipal Code or State Statute. 2. 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide documentation of responses from private utility companies that they reviewed the subdivision plat and that the plat can be provided with service, and the locations of private utilities have been coordinated with the locations of the proposed public utilities. 3. 38.240.150. C. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of Approval section: a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles; b. All downstream water user facilities will not be impacted by this subdivision; Page 5 of 6 c. All lot frontages are subject to a 10-foot wide front setback utility easement; d. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman Municipal Code (BMC) said easement shall apply; e. The property owners association bears all responsibility of maintenance for the storm water facilities, storm water open space lots, pedestrian open space lots, and street frontage landscaping for the perimeter streets. Maintenance responsibility must include, all vegetative ground cover, boulevard trees, and irrigation systems in the public-right- of-way boulevard strips along all external perimeter development streets. The property owners association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping, storm water facilities, and all open space landscaping; and f. Lot access must be constructed to the standards set forth by the City of Bozeman Design Standards and Specifications, and per the City of Bozeman Modifications to the State Public Works Standard Specifications per BMC requirements. 4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure approval, the Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger Canyon Blvd. to reduce the impact of street trees on vehicular sight visibility triangle distances. The Applicant must provide an updated landscaping plan to the City’s Transportation Division for review and approval prior to final plat submittal. 5. 38.420. Parks Resources. a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified Development Code, fences located along or in the rear or side setback of properties adjoining any City linear park must have a maximum height of four feet.” b. The developer must install signage at the perimeter of any private parking lot that is adjacent to a City park stating that snow storage is not allowed within the public park. The Applicant must add a note to the final plat indicating that snow removal from park sidewalks that serve as primary egress from private lots is the responsibility of the Property Owners Association. The Applicant must provide an exhibit of snow removal responsibility within the Park Master Plan. c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide the most recent park plans and request a meeting at least 30 days prior to the commencement of parkland construction. Page 6 of 6 d. Prior to the City’s final acceptance of public park improvements or public street improvements, the Applicant shall ensure that the City obtains ownership, free from any defects in title as determined by the City, of any irrigation water rights appurtenant to those City parks or City streets. e. If an exempt well is proposed to provide irrigation water supply for the development, a written determination from DNRC shall be provided prior to final site plan approval indicating that the proposed exempt water use is allowable under applicable State law governing the use of exempt wells. f. An irrigation system that is privately owned and maintained shall be entirely separate and discrete from an irrigation system that is City owned and maintained. g. The Applicant must include this note on the final plat: “Private utilities are not allowed within parkland unless otherwise approved by the Director of Parks and Recreation.”