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HomeMy WebLinkAbout017 MOD 22042 Approval Letter_for referenceBOZEMAN Planning February 22, 2022 MT C&H Engineering and Surveying, Inc. Drew Kirsch info@chenatneers.com RE: 22042; Lot 4, Spring Creek Village Resort for Ferguson Farm Master Site Plan Modification. Dear Mr. Kirsch: The Bozeman Department of Community Development is pleased to award conditional-approval of your modification request for the above-referenced application. The application requests approval for the following modifications to the 2013 Project No. Z-13155 Master Site Plan (MSP): (1) Increase of the reduction in off-street parking requirement for commercial development within the MSP area from the 19% reduction granted in 2013 by project Z-13155 to a 30% reduction of the parking required for the total commercial square footage proposed for the MSP modification; and (2) the commercial square footage proposed in the 2022 MSP is 272,650 gross square feet (gsf) which is an additional 7'/\,1Q1 gsf over the 198,550 gsf approved in the 2013 MSP. The following conditional-approval of the MSP is based on the information provided in application number 22042. The conditions of approval for this modification are as follows: (1) The reduction in off-street parking for the modified MSP is based on the proposal by the Applicant to induce workers, patrons and visitors to the Site to utilize existing transit stops in the area and, in particular, to utilize the bus stop located at Fallon Street and Resort Drive; (2) This inducement is expected to occur because the Applicant will install a City- and Streamljne- approved shelter at the subject bus stop; (3) The shelter location and design, including related sidewalk and Resort Drive crosswalk improvements, must be approved by both the City of Bozeman Public Works Department and the Streamline transit service facilities division; (4) The contractor shall seek and receive a City Encroachment permit for installation of the shelter and improvements within the Fallon Street right-of-way; (5) The shelter shall be installed and the related improvements accepted by the City prior to the issuance of any certificate of occupancy for the Town and Country grocery store or the Bozeman Design Center, whichever is first sought; (6) Alternately, an approved Improvements Agreement and Financial Surety for the shelter, sidewalk, crosswalk, easement and other improvements associated with the bus shelter shall be provided to the City prior to issuance of any building permit for the either the Town and Country grocery store or the Bozeman Design Center project, whichever is first sought; and (7) In either case, the Applicant shall convey legal ownership of the installed shelter to HRDC who will be responsible for maintenance of the facility. Staff forwarded this recommendation to the Community Development Director who is responsible for the final decision. Pursuant to Bozeman Municipal Code (BMC) Section 38.230.150, amendments to @ 20 East Olive Street ®P.O.Box 1230 Bozeman,MT 59771-1230 (P) 406-582-2260 © 406-582-2263 www.bozeman.net TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN Planning NT approved plans must be reviewed and may be approved by the Community Development Director upon determining that the amended plan is in substantial compliance with the originally approved plan which, in this case, is the 2013 approved Z-13155 Master Site Plan. Please be aware that as the Applicant you must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are applicable to this project, including but not limited to the following: Code Provisions Per Section 38.100.080 & 38.200.110, the proposed project shall be completed as approved and in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair. You have the right to appeal this decision of the Community Development Director pursuant to the provisions of the Bozeman Municipal Code (BMC). Please note that this decision is subject to appeal by other aggrieved parties as defined by BMC Sec. 38.700.020. Such appeals must be filed pursuant to the provisions of Sec. 38.250.030. An appeal must be filed within 10 working days following the date of this decision noted below. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community DevelopmentDepartment and Building Division will not be able to approve any building permits or to perform any inspections related to this application. If you have any more questions, or if the Community Development Department can be of further assistance, please do not hesitate to contact your Development Review Coordinator Diane Tolhurst via Project Dox or via Dtolhurst@bozeman.net. Thank you. Sincerely, ^ ^^^ Susana Montana, Senior Planner, Development Review Division For office use only DATE OF FINAL DECISION ^L^ 'F^^vT^ai^ ^0 'Z^i-^ T DIRECTOR'S SIGNATURE Anna Bentley, AIGE^Irfterim Director C: Michael Delaney, Delaney and Company, delaney@delaneynco.com ® 20 East Olive Street j ® ^^^? 59771-1230 0406-582-2260 | ©406-582-2263 jwww.bozeman.net TDD: 406-582-2301 THE MOST LIVABLE PLACE.