HomeMy WebLinkAbout4.1 Zoning Variance - Wetland and Watercourse Setback
TerraQuatic, LLC ~ 614 West Lamme Street ~ Bozeman, MT 59715 1
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: UDO 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,
Lynn Bacon
Principal/Senior Scientist
TerraQuatic, LLC
Flanders Mill Subdivision: UDO Wetland and Watercourse Upland Buffer Variance Request March 20, 2014
TerraQuatic, LLC ~ 614 West Lamme Street ~ Bozeman, MT 59715 2
Table 1. Flanders Mill Wetland and Watercourse Upland Setback Variance Request Locations
Block or
Street
Lot or
Street Side
Reason For Variance Request
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–
6A&B
The channel feature along west side of lots will become a drain ditch once the new UT
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.