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HomeMy WebLinkAbout19027 Approval LetterPage 1 of 6 April 10, 2023 transmitted by Project Dox only Boardwalk Properties, Inc c/o Michael Delaney Intrinsik Architecture, c/o Tyler Steinway RE: Application No. 19027; Ferguson Farms II Major Subdivision Preliminary Plat (PP)-- Preliminary Conditional Approval. Subject Property: 4250 Fallon Street legally described as Lot 5 of Minor Subdivision 295, proposed to be replatted as Ferguson Farms II Subdivision, located in the SW ¼ of S10, T2 S, R5 E of the P.M.M., Gallatin County, Montana. Dear Gentlemen: On March 7, 2023, the Bozeman City Commission met to consider your application for a major subdivision preliminary plat (PP) to divide the 31-acre property into 72 lots consisting of 49 buildable lots, 14 open space lots, 9 parking structure lots, and public streets and alleys. This PP is accompanied by a Preliminary Planned Unit Development (P-PUD) application requesting 26 deviations from the underlying Urban Mixed Use (UMU) zoning district standards as well as other Bozeman Municipal Code (BMC) standards. The Commission granted 24 of the 26 requested deviations, declining to approve Deviation 5 (legal access to Lots) and Deviation 18 (screening of trash enclosures). The specific 24 deviations granted by the Commission’s conditional approval are noted in a separate approval letter for the P-PUD, Project No. 19028. 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: “I move to approve the Ferguson Farms II Major Subdivision Preliminary Plat with the staff-recommended conditions and all applicable code provisions.” This Motion passed unanimously 5 to 0. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 3/7/23: https://www.bozeman.net/services/city-tv-and-streaming-audio 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.3, as a multi-phased subdivision, you have a maximum of three years following the approval of the preliminary plat to submit and have an approved Final Plat covering the entirety or one or more phases of the subdivision development. The date of approval of the Ferguson Farms II Preliminary PUD is the date the Mayor signed the Finding of Fact and Order (FOF) staff report which was on April 4, 2023. The signed FOF staff report has been uploaded to the City Documents folder in the 19027 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 Diane Tolhurst at dtolhurst@bozeman.net or me at smontana@bozeman.net. Sincerely, Susana Montana, Senior Planner PRELIMINARY PLAT CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to any required code provisions identified in this report. The conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are deemed reasonably related and roughly proportionate to the development of this subdivision. (1) This Preliminary Plat does not meet current UMU zoning and Bozeman Municipal Code (BMC) land use, design and development standards. These deficiencies, deviations and waivers are included in the proposed Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application, Project No. 19028. That P-PUD must be approved by the City Commission with the relevant deviations, and a Final PUD must be administratively approved, before the Final Plat for this subdivision may be approved by the City Commission. The Final Plat must also await Director of Transportation and Engineering approval of street and other Article 4 deviations before the Final Plat can be approved by the City Commission. (2) Prior to approval of the Final Plat, the Applicant shall record proper legal lot access easements and a deed restriction for the following 6 lots to provide adequate legal and physical access to public or publicly-accessible streets or alleys: Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6. (3) The Applicant must execute and record the applicable Special Improvement District (SID) waivers and a copy of the recorded waiver document shall be submitted to the Director of Transportation and Engineering prior to Final Plat approval. Page 3 of 6 (4) BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant must contact Griffin Nielsen of the Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to the approval of the corresponding site plans. (5) BMC 38.410.060.D- If agricultural water user facility easements are required, a notice must also be recorded with a Final Plat or prior to Final PUD plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat. (6) 38.410.060.D.3. - Prior to Final Plat approval a professional engineer must certify that the water entering and exiting the realigned Maynard Border Ditch is of the same quality and quantity as prior to development. (7) 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase depending on main depth as determined by the City during the subdivision infrastructure review. (8) 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the location of the post- developed flood hazard area. (9) BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The Applicant is advised that the requirements of Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of Subsection D must be fulfilled prior to building permit approval. (10) The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Final Plat approval. (11) Prior to Final Plat approval, the Applicant shall clearly state on the plat who is responsible for the maintenance of the proposed culverts and pedestrian crossing along the Maynard Border Ditch. (12) Prior to Final Plat approval, the Applicant must provide written approval from the Maynard Border Ditch Company for additional runoff discharge to the Maynard Border Ditch. (13) The Applicant must file a maintenance agreement for the back-in angled parking areas with the County Clerk and Recorder in addition to the plat note identifying the maintenance requirements and responsibilities of the back-in angled parking spaces prior to Final Plat approval. (14) The Plat Condition of Approval block on Plat Page 4 shall have a condition that reads: "Due to known high groundwater in the area, no basements are permitted with future development of the site. No crawl spaces are permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of a building permit. In Page 4 of 6 addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are 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 where it may create a safety hazard for pedestrians and vehicles.” (15) Final Plat Conditions of Approval block on Page 4 shall include the following condition of approval: "The back-in angled parking is to be maintained by the property owners' association, which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angle parking spaces." (16) The following condition of approval must be included on the Conditions of Approval block on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal Code requirements." (17) This subdivision provides a sidewalk along the bordering public streets as well as along internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the portion of the proposed eight- feet wide, paved shared use trail that exists outside of the public right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet and 8 foot wide Class I trails shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase construction of this subdivision. (18) The following condition of approval must be added to the Conditions of Approval block on Plat Sheet 4 prior to Final Plat approval: "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right- of-way." (19) The following language must be added to the covenants, conditions, and restrictions document prior to Final Plat approval. "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way. The City will return the land to a finished grade, but will not be responsible for any repair or replacement of any special surface finishes." (20) Prior to Final Plat approval, a separate left hand turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be installed. Improvements must satisfy all City of Bozeman design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. (21) Prior to Final Plat approval, Ferguson Avenue must be reconstructed in order to provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave. Improvements must satisfy all City of Bozeman design standards and must include bicycle and pedestrian facilities. All installed improvements must be formally accepted by the City prior to Final Plat approval. (22) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City Page 5 of 6 of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. (23) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. (24) The updated flood hazard evaluation must be provided with an infrastructure review and include the post- developed basin exhibit and channel dimensions for the Maynard Border Ditch. (25) Prior to infrastructure approval, a certification from the developer's professional engineer that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility, per BMC 38.410.060.D.3., and written approval from the Maynard Border Ditch Company for the relocation of the facility must be provided. If there will be a change to the quality and amount of water that entered or exited the facility including any change to the historic stormwater discharge to the facility the certification must clearly identify the change and subsequently the approval from Maynard Border Ditch Company needs to acknowledge the change, per BMC 38.410.060.4.D. Both the certification and written approval must be provided with the Final Plat application. If approval cannot be obtained and a material modification to the subdivision is needed then the preliminary plat application may be required to be resubmitted for review, per BMC 38.100.070.B. (26) BMC.38.410.060.D.6. a notice must be recorded with the Final Plat stating that the agricultural water user facility easement are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat. (27) The Applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue prior to Final Plat approval. (28) The Applicant must provide a utility exhibit that shows the proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities that satisfies the City’s engineering design standards and specifications policy (DSSP) prior to Final Plat approval. If additional easement or right-of-way is required to satisfy DSSP requirements with the updated utility layout, the necessary right-of-way or easement must be provided prior to Final Plat approval. (29) The Applicant must add a note to the conditions of approval sheet of the Final Plat which states the following: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of-way must be maintained by the property owners' association (Insert Final Property Owners Association Name as recorded in the CC&Rs)”. Page 6 of 6 (30) The subdivisions stormwater maintenance plan must clearly state the following condition: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of-way will be maintained by the property owners' association (Insert Final Property Owner's Association Name as recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to Final Plat approval. CODE REQUIREMENTS 1. The Final Plat must comply with State statute, Administrative Rules of Montana, the Bozeman Municipal Code and an adopted Ferguson Farms II Planned Unit Development. 2. Any unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. 3. All easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards.