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HomeMy WebLinkAbout3-1_Modification of Conditions Narrative_2021-02-12SUD Phase 3 Major Subdivision Preliminary Plat and Conditions of Approval Modifications February 12, 2021 This application proposes minor modifications to Conditions of Approval # 3 and #8 in addition to Code Correction #13. 1. Condition of Approval #3 Modification. This condition is proposed to be slightly modified to reflect development restrictions on the four ‘restricted lots’—as a non-financial guarantee of subdivision improvements. Red text denotes added wording, and strikethroughs denote wording removed. Note that Lot 1 Block is now proposed as a restricted lot in accordance with the proposed Phasing Plan. Plan review was added as an alternate means of lifting development restrictions. Minor grammatical inconsistencies and code references were corrected. Proposed wording for Condition #3 is shown below. There are two versions of this condition based on whether the variance is approved. The first version shows timing of infrastructure completion as proposed if the variance is approved. If the variance is not approved, the language would be changed to the timing requirements stated in the current code, as shown in the second version. Wording if Variance is approved: NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 1 Block 1; Lot 1, Block 2; Lot 1 Block 3 and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of certain on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 38.270 of the Bozeman Municipal code. As such, this Restriction is filed with the final plat that stipulates that any use of these lots is subject to further subdivision or plan review, and no certificate of occupancy development of this these lots shall occur be granted until all on and off site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits Certificates of Occupancy will not be issued for Lot 1 Block 1, Lot 1 Block 2, Lot 1 Bock 3, and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements for SUD Phase 3 Major Subdivision are completed and accepted by the City of Bozeman in accordance with the accepted Phasing Improvements Plan for SUD Phase 3 Major Subdivision. No building structure requiring water or sewer facilities shall be utilized granted occupancy on this these lots until the restriction is lifted. This restriction runs with the land and is revocable only by further subdivision, plan review, or the written consent of the City of Bozeman. Wording if Variance is NOT approved: NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 1 Block 1; Lot 1, Block 2; Lot 1 Block 3 and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of certain on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 38.270 of the Bozeman Municipal code. As such, this Restriction is filed with the final plat that stipulates that any use of these lots is subject to further subdivision or plan review, and no development of this these lots shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot 1 Block 1, Lot 1 Block 2, Lot 1 Bock 3, and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements for SUD Phase 3 Major Subdivision are completed and accepted by the City of Bozeman in accordance with the accepted Phasing Improvements Plan for SUD Phase 3 Major Subdivision. No building structure requiring water or sewer facilities shall be utilized on this these lots until the restriction is lifted. This restriction runs with the land and is revocable only by further subdivision, plan review, or the written consent of the City of Bozeman. 2. Condition of Approval #8 Modification. Since the phasing plan changes the required SUD Phase 3 subdivision improvements, this affects Conditions of Approval #8, which references the original extent of the subdivision improvements. The wording of this condition 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 subdivision improvements. 3. Code Correction #13 Modification. Since the phasing plan changes the required SUD Phase 3 subdivision improvements, this affects Code Correction #13, which references the original extent of the subdivision improvements. The wording of this condition 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 subdivision improvements. Minor changes to the Preliminary Plat are necessary to support the proposed modifications to the Conditions of Approval. A revised preliminary plat is provided which clearly depicts proposed changes. A summary of the changes to the previously approved Preliminary Plat are: 1. Plat Sheet 2 of 3: Lot 1, Block 1 changed from a develop-able lot to a “Restricted” lot, 2. Plat Sheet 2 of 3: ROW for Blocks 3 and 4 dedicated to the City of Bozeman—specifically Arnold St between S 19th Avenue and S 11th Avenue, S 14th Avenue between Student Drive and S 17th Avenue between Stucky Road and Arnold Street, 3. Plat Sheet 3 of 3: ‘City Park Improvements’ section. Parkland allocation has been re- apportioned – assigning parkland requirements for Lot 1 Block 1, 4. Plat Sheet 3 of 3: Condition of Approval #1. The condition of approval #1 has been updated to reflect proposed modifications to Conditions of Approval and Variance. Note if this variance is not approved, the alternate wording will be used for this condition.