HomeMy WebLinkAbout22381 Approval Letter
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August 16, 2023 – Transmitted via Project Dox
Barry Brown, West University LLC
Tyler Steinway, Intrinsik Architecture
RE: 22381; Aaker REMU Master Site Plan for Lot 2A of Minor Subdivision 191B Conditional Approval.
Dear Applicants:
The above-referenced Master Site Plan (MSP), application 22381, has received conditional approval.
The conditions of approval for this site plan are as follows:
1. The Applicant is advised that unmet code provisions or code provisions that are not
specifically listed as conditions of approval does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law.
2. Prior to final Master Site Plan approval and prior to site plan submittal for any land within the
Site, the Applicant shall submit a Final Design Manual for development within the Site.
The following BMC Code Provisions are also required to be fulfilled prior to final MSP approval.
1.BMC 38.360.280. Agricultural Water User Facilities - The developer must provide notice of the
proposed alterations to the agricultural water users facilities pursuant to Sec. 38.360.280.B. The
names and contact information for the water users and agricultural water user facility's
authorized representatives that were provided with written notice, and the date they were
provided written notice; and a copy of the notice sent.
If written documentation is not provided from all water users approving the alterations to the
water user facility they hold an interest in, the City will require the developer to enter into a
hold harmless agreement with the City to indemnify the City again any optional claims related
to plan approval.
2. BMC 38.410.060.D Agricultural Water Users Easement - Prior to final plan approval, the
developer must establish an agricultural water user facility easement for ditch lateral traversing
the subject property pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant
to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property.
Any required agricultural water user facility easements shall be recorded prior to final plan
approval and conform with Sec. 38.410.060.D.6. Furthermore, pursuant to Sec. 38.410.070,
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mitigation of impacts to an existing ditch must be coordinated with the required easement and
shall consider comments received from affected water users of the existing ditch.
The developers professional engineer must certify, prior to final plan approval, that the water
entering and exiting the realigned or relocated ditch is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation.
3. Prior to Master Site Plan approval, the City Commission must approve the Applicant’s variance
request to provide street frontage to less than 50% of the perimeter of the parkland within the
Master Site Plan property, per BMC 38.420.060.A.
4. The Master Site Plan shall label all 50 foot wide watercourse setbacks and the 20 foot wide ditch
maintenance easement on all plans.
5. The proposed project is located within one-half mile of the intersection of South 19th Avenue
and Kagy Boulevard. The Aaker Phase 1 Subdivision Traffic Impact Study indicates the subject
intersection will not meet the City's level of service standard at full buildout in the design year
required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Kagy Boulevard
is scheduled in the City's Capital Improvement Plan within the next three years. Per BMC
38.270.070.C, the Applicant must pay cash-in-lieu for the Aaker Phase 1 proportional share of
the capital facility prior to final MSP approval.
As you are aware, 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
described 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.
Future Impact Fees - Building permit applications require payment of transportation, water, sewer and
fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of
building permit issuance. In addition, other fees such as Cash-in-lieu of Water Rights (CILW) or
infrastructure payback district fees may be required prior to issuance of a Certificate of Occupancy for
any building within the MSP.
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If you have any questions, or if the Community Development Department can be of further assistance,
please do not hesitate to contact me or your Development Review Coordinator Diane Tolhurst at
dtolhurst@bozeman.net. Thank you.
Sincerely,
Susana Montana, Senior Planner, Development Review Division,
smontana@bozeman.net