HomeMy WebLinkAbout4.4 Alternative Compliance - Park Dedication Page 1
4249 Cover Street Bozeman Montana 59718 406.600.0342
www.design5la.com
Waiver of Park dedication and Alternate Compliance
Section 38.27.100 Waiver of Park dedication
Flanders Mill Subdivision is an almost 137 acre development on the northwest edge of the City of Bozeman.
The subdivision is bounded by on three sides by Flanders Mill Road, East Baxter Lane and Ferguson Ave
and features expansive open space, ponds, extensive wetland and stream restoration as well as dedicated
parks.
The Flanders Mill Subdivision is in a unique position with regards to its Common Open Space and Parkland
dedications. Working with City staff and planners( meeting with Mitch Overton and Chris Saunders on
2/19/14), we are requesting to use Section 38.27.100 in the Bozeman UDO to satisfy our requirements for
recreation and park dedication. Flanders Mill Subdivision will seek to satisfy all of its Parkland dedications
through a combination of Dedicated Parkland and Common Open Space (with blanket Public Access
Easements). Through the combination of these spaces the Flanders Mill Subdivision will be dedicating
36.38 acres of land for public recreation (12.09 acres Park Land and 24.29 acres of Common Open Space).
The dedicated spaces contain wetlands, ponds, trails, playgrounds, manicured lawns, fitness stations,
pavilions and other major park amenities.
Review Criteria:
1. We believe that the granting of this variance and approval of alternate compliance will not be
detrimental to public health, safety or general welfare. The extensive installation of amenities, trails,
significant protection of wetlands and creation of a functioning stream corridor will all enhance the
quality of life for residents and increase potential habitat for birds and small mammals.
2. Because of the extensive wetlands associated with the property it becomes very difficult to improve
parkland in an efficient and well functioning manner. The trails, amenities and parks are woven
through the project and serve to link adjacent properties and parks to the future residents of this
project. The Developer has engaged TerraQuatic to meet with the Wetlands Review Board to
determine the best practices to mitigating impacts to wetlands and ensuring that our project meets
all applicable standards for wetlands protection, enhancement and mitigation.
3. The implementation will not cause a substantial increase in public costs. The two Park parcels will
be dedicated to the City of Bozeman as is normal practice in development. The entire remainder of
Common Open Space will be owned and maintained by the HOA. A Public Access Easement will
be placed over all open space to ensure that in the future the City or other necessary entities may
travel the trail corridor or Open Space to make repairs or improvements to the site as necessary.
4. The granting of the variance and alternate compliance will not cause non-conformance with other
provisions of the subdivision or zoning codes. The granting of the alternate compliance will ensure
that more than 26% of the total project will remain open and accessible to the public.
A layout of all proposed Parkland and Common Open Space has been provided in the Parks Master Plan as
part of the Flanders Mill Preliminary Plat Submittal.