HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - A5. Spring Creek Inn Minor Subdivision Prelminary Plat19082 Staff Report for the Amended Plat of the West Winds Subdivision Minor Subdivision Page 1 of 16
19082 Spring Creek Inn Minor Subdivision Preliminary Plat
Public Hearing Date: City Commission meeting is June 17, 2019 at 6:00 pm.
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of one lot of 3.49 acres to create two lots, one of 2.530 acres and one of .965 acres.
Project Location: The property is legally described as West Winds Subdivision Phase 4, Block 2, Lot 1 City of Bozeman, Gallatin County, Montana. The property is zoned R3,
Residential Medium Density District.
Recommendation: Approval with conditions and code provisions.
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 19082 and move to approve the Amended Plat of the West
Winds Subdivision with conditions and subject to all applicable code provisions.”
Report Date: June 6, 2019
Staff Contact: Sarah Rosenberg, AICP, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application requesting
a subsequent minor subdivision of one lot of 3.49 acres to create two lots, one of 2.530 acres and
one of .965 acres. Lot 1A has an existing memory care facility on it, the future lot, Lot 1B, will is
expected to be developed as a 6-unit condominium project. The future development of the
condominium project will be reviewed as a Site Plan application.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. State statute requires a public hearing before a City Commission
decision.
On May 6, 2019 the Development Review Committee (DRC) found the application adequate for
continued review and recommends the conditions and code provisions identified in this report.
The proposed subdivision conforms to the West Winds Planned Unit Development Z-04050 that
the City Commission approved in 2004. The subdivider did not request any subdivision or
zoning variances with this application. The City did not receive any written public comment on
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the application as of the writing of this report. The final decision for a subsequent minor
subdivision preliminary plat must be made within 60 working days of the date it was deemed
adequate; in this case by July 6, 2019.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 8
SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 8
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ...................... 8
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 10
Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 14
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 15
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 15
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 15
FISCAL EFFECTS ....................................................................................................................... 15
ATTACHMENTS ......................................................................................................................... 16
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval: 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 or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The final plat must provide all existing and proposed utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 4. If not already filed for the subject site, the applicant must provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and
storm drainage c. Street improvements to 27th Ave. including paving, curb/gutter, sidewalk, and storm drainage
d. Street improvements to Baxter Lane. including paving, curb/gutter, sidewalk, and
storm drainage
e. Intersection improvements to Davis Lane and Oak Street f. Intersection improvements to Davis Lane and Baxter Lane g. Intersection improvements to N. 27th Avenue and Oak Street
h. Intersection improvements to N. 27th Avenue and Baxter Lane
The document filed must specify that in the event an SID is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method
for the completion of said improvements on a fair share, proportionate basis as determined
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by square footage of property, taxable valuation of the property, traffic contribution from
the development, or a combination thereof. The applicant must provide a copy of the filed
SID waiver prior to final plat approval.
5. The proposed development falls within a known area of high groundwater. No crawl
spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also 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, such as
into the curb and gutters where they may create a safety hazard for pedestrians and
vehicles. This note must appear on the final plat.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on May 6, 2019.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission is scheduled for a public hearing on this minor subdivision preliminary
plat on June 17, 2019 at 121 N. Rouse Avenue, Bozeman at 6 p.m.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in recommended Condition of approval No. 2, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
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2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do 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 provisions necessary to meet all municipal
standards. Staff recommends Conditions of approval No. 1 and 2 to address necessary
documentation and compliance with standards. Therefore, upon satisfaction of all conditions and
code corrections the subdivision will comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission public hearing was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on
February 27, 2019. Staff deemed the application acceptable for initial review in writing on
March 5, 2019. The DRC reviewed the preliminary plat application and determined the submittal
did not contained detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision on March 25, 2019.
A revised application was received on April 5, 2019. The DRC determined the application was
adequate for continued review on May 6, 2019 and recommended conditions of approval and
code corrections for the staff report.
The City scheduled public notice for this application on May 31, 2019 for publication in the legal
advertisements section of the Bozeman Daily Chronicle on Tuesday, May 29 for postings on
Sunday June 2 and Sunday June 16, 2019. The applicant posted public notice on the subject
property on May 31, 2019. The City sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on May 31, 2019. No public comment had been received on this application as of
the writing of this report.
On June 6, 2019 staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which is scheduled to make a final decision at its June
17, 2019 public hearing. The City Commission must make a final decision on a subsequent
minor subdivision preliminary plat within 60 working days of the date the application was
deemed adequate; in this case by July 6, 2019.
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4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and code
provisions requiring plat corrections as recommended by the DRC for consideration by the City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility
easements. Condition of approval No. 3, requires that all easements, existing and proposed, must
be accurately depicted and addressed on the final plat and in the final plat application. Public
utilities are located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as residential and the property’s R3, Residential medium density zoning
allows for residential development and limited commercial services. No agricultural land is
present on the lots.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way,
Hunters Way. Sewer exists along the east side of the subject property within a city sewer
easement. No changes to the proposed water and sewer system are proposed.
Utilities – Utilities exist on the site and can service the new lot. Future demands may require
extension of services. The subdivision does not impact the utility services.
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Streets – Existing city standard streets are adjacent to the lots. No street improvements are
proposed. Future demands to the transportation system may require an SID to construct
improvements to support the subdivision and the residential uses.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. Stormwater infrastructure is existing for the West Winds Subdivision.
Parkland – A tracking table was provided to determine if there was adequate parkland to service
the subdivision. The West Winds Subdivision Phase 4 dedicated 6 parkland units for the subject
parcel. The created parcel (Lot 1B) is expected to be a 6-unit condominium project.
4) The effect on the Natural environment
The subdivision will not impact the natural environment. No changes to the existing lot
configuration or subdivision infrastructure are proposed.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subdivision
will not significantly impact public health and safety. The intent of the regulations in Chapter 38
of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 23, 2018. With the pre-application plan review application, the subdivider
requested waivers from BMC 38.220.060 “Additional Subdivision Preliminary Plat
Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under BMC 38.220.060 except for
water and sewer, storm water management, utilities and parklands.
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Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.41.060.A.1 Surface Water
This subdivision will not significantly impact surface water. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.3 Groundwater
Groundwater will not be impacted. The DRC waived supplemental information. No changes to
the existing lot configuration or subdivision infrastructure are proposed.
38.41.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.7 Historical Features
This subdivision will not significantly impact historic features. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
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38.41.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion
above under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.41.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria. No changes to the existing lot configuration or subdivision infrastructure are proposed.
38.41.060.A.13 Utilities
This subdivision will not significantly impact existing utilities. All private utilities servicing the
subdivision are existing and installed underground and can service the new lot. See discussion
above under primary review criteria.
38.41.060.A.14 Educational Facilities
This subdivision will not significantly impact educational facilities. The subdivision is age
restricted. The DRC waived supplemental information.
38.41.060.A.15 Land Use
The subdivision will not significantly impact land use. The City of Bozeman Community Plan
designates the subject property as residential and the property’s R3, Residential Medium Density
zoning allows for residential development. The DRC waived supplemental information.
38.41.060.A.16 Parks and Recreation Facilities
A parkland table was required to show that parkland from the West Winds Subdivision was
adequately provided. The West Winds Phase 4 subdivision allocated park dedication for 6
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dwelling units. The future development of Lot 1B is expected to have a 6-unit condominium. See
discussion above under primary review criteria.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is provided by the West Winds Subdivision and Master Plan. The DRC
waived supplemental information.
38.41.060.A.18 Lighting Plan
No new subdivision lighting is required or proposed. The DRC waived miscellaneous
supplemental information.
38.41.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified hazards in
proximity to the subject property. The DRC waived miscellaneous supplemental information.
38.41.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The lots are proposed
as multi-household and cannot be developed as single household lots subject to the code
requirements.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R3, Residential Medium Density. The intent of the R-3 residential
medium density district is to provide for the development of one- to five-household residential
structures near service facilities within the city. This purpose is accomplished by providing for
minimum lot sizes in developed areas consistent with the established development patterns while
providing greater flexibility for clustering lots and mixing housing types in newly developed
areas. Providing for a variety of housing types, including single household dwellings, two to four
household dwellings, and townhouses to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of non-residential uses. Use of this zone is
appropriate for areas with good access to parks, community services and/or transit.
Adopted Growth Policy Designation:
The subject property is designated as Residential in the Bozeman Community Plan. This
category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
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The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The West Winds Phase 4 Subdivision was formally approved by the City Commission in 2007
and the final plat was filed on September 4, 2008.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on May 31,
2019 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, June 2 and Sunday, June 16, 2019. The applicant posted public notice on the subject
property on May 31, 2019. The City sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on May 31, 2019. No public comment had been received on this application as of
the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: VTR Spring Creek Inn, LLC, PO Box 71970, Phoenix, AZ, 85050
Applicant: Madrona Point Development, LLC, c/o Terry Hanson, 111 Market Street NE, Ste
#200, Olympia, WA 98501
Representative: Alpine Surveying & Engineering, Inc., c/o Clint Litle, PE, 2075 Charlotte Street,
Suite #1, Bozeman, MT 59718
Report By: Sarah Rosenberg, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application and Preliminary Plat
West Winds Subdivision Phase 4
522
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 523
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 524
DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision fnal plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD fnal plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modifcation/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
NCOA
Alfred M. Stif Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 525
526
2075 Charlotte Street., Ste 1 Bozeman, Montana 59715 www.alpinesurveying.net/
January 10, 2019
Rec. No. 274-01
Sarah Rosenberg
Associate Planner
City of Bozeman Planning Division
20 E. Olive
PO Box 1230
Bozeman, Montana 59771-1230
Re: Spring Creek Inn Subdivision – Preliminary Plat Application Submittal (Informal Review
Application #18013)(Pre-Application #18360)
Dear Sarah,
Please find attached for review an application for Preliminary Plat for a proposed 2-lot minor subdivision
located on West Winds Subdivision Phase 4, Block 2, Lot 1. The subject parcel is currently the site for
the Spring Creek Inn Memory Care facility, except for the north 115 feet which is vacant.
The purpose of this application is to initiate the minor subdivision process to split the parent parcel (West
Winds Subdivision Phase 4, Block 2, Lot 1) into two lots, see attached Preliminary Plat map. Lot 1 will
be the existing Spring Creek Memory Care facility, Lot 2 will be initially vacant and then developed
through a subsequent site plan application which is anticipated to be a 6-unit condominium project.
SUBDIVISION PRELIMINARY PLAT CHECKLIST
The application has been prepared per the Subdivision Pre-Application Checklist (PP1).
SEC. 38.220.040. - SUBDIVISION PRELIMINARY PLAT. (38.41.040)
The application has been prepared per the Section 38.220.040 of the UDC. Responses to each item
provided in italic font.
A. The preliminary plat must be legibly drawn as specified in the application form
provided by the community development department. Where accurate information is
required, surveying and engineering data must be prepared under the supervision of a
registered engineer or registered land surveyor, licensed in the state, as their respective
licensing laws allow. The plat submittal must include the following:
See Tab #3 for preliminary plat. Plat prepared by Norbert Hackl, PLS, engineering by
Clint Litle, PE.
1. Pre-application information. All information required with the pre-application plan, as
outlined in section 38.220.030.
See Tab #2 of this application for complete copies of the Informal and Pre-
Application Submittals including City comments for each submittal.
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Sarah Rosenberg
Spring Creek Inn – Minor Subdivision Application
January 3, 2019
Page 2
2. Subdivision information. Name and location of the subdivision, scale, scale bar, north
arrow, date of preparation, lots and blocks (designated by number), the dimensions
and area of each lot, and the use of each lot, if other than for single-household.
See Tab #3 for Preliminary Plat with above required content.
3. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements;
the width of the right-of-way, grades and curvature of each; existing and proposed road
and street names; and proposed location of intersections for any subdivision requiring
access to arterial or collector streets
See Tab #3 for Preliminary Plat with above required content.
4. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
See Tab #3 for Preliminary Plat with above required content.
4. Adjoining owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed subdivision.
See Tab #1 for adjoining owners information.
5. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract
with bearings, distances, and curve data indicated outside of the boundary lines. When
the plat is bounded by an irregular shoreline or a body of water, the bearings and
distances of a closing meander traverse must be given.
See Tab #3 for Preliminary Plat with above required content.
6. Section corner. The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
See Tab #3 for Preliminary Plat with above required content.
7. Phased improvements. If the required improvements are to be completed in phases after
the final plat is filed, the approximate area of each phase must be shown on the plat
NA, single phase project.
8. Contours. Ground contours must be provided for the tract according to the
following requirements:
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Sarah Rosenberg
Spring Creek Inn – Minor Subdivision Application
January 3, 2019
Page 3
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may
be used) Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
See Tab #3 for Preliminary Plat with above required content.
9. Waivers. List of waivers granted from the requirements of section 38.220.060 during
the pre-application process must be submitted with the preliminary plat application.
See Tab #2 for list of requested waivers and list of approved waivers.
10. Request for exemption from department of environmental quality review. If the developer
is proposing to request an exemption from the department of environmental quality for
infrastructure plan and specification review, the preliminary plat application must include
a written request from the developer's professional engineer, licensed in the state, that
indicates the intent to request the exemption, and details the extent of water, sewer and
stormwater infrastructure that will be completed prior to final plat approval. A detailed
preliminary stormwater drainage plan must also be submitted with the written request.
It is requested the subdivision be exempted from MDEQ through the “Municipal
Facilities Exclusion”. In addition, the project does not propose any water or
sanitary sewer main extensions.
SEC. 38.220.050. - PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL
SUBDIVISIONS. (38.41.050)
A. The following supplemental information must be submitted with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of
survey, streets and roads.
See Tab #3 for required map.
2. Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
See Tab #3 for Preliminary Plat with above required content
3. Variances. A written statement describing any requested subdivision variance and the
facts of hardship upon which the request is based (refer to division 38.250 of this chapter).
No variances requested
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Sarah Rosenberg
Spring Creek Inn – Minor Subdivision Application
January 3, 2019
Page 4
4. Property owners’. A certified list of adjoining property owners’, their mailing addresses
and property description, including property owners’ across public rights-of-way and/or
easements. The names and addresses must also be provided on self-adhesive mailing
labels, one set of labels for first minor subdivisions or subdivisions eligible for summary
review, and three sets of labels for all other subdivisions.
See Tab #1 for adjoining owners information.
5. Documents and certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners’ association.
See Tab #7 for covenants.
b. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of-way or drive aisles intersect state, county or city highways, streets or
roads.
NA, no roads proposed by project.
c. A letter of approval or preliminary approval from the city where a zoning
change is necessary.
No zone changes requested.
d. A draft of such other appropriate certificates.
See Tab #3 for Preliminary Plat with above required content
e. Provision for maintenance of all streets (including emergency access), parks,
and other required improvements if not dedicated to the public, or if private.
NA, no streets or parks proposed by project.
6. Street profile sheets. Profile sheets for street grades greater than five percent.
NA, no streets proposed by project.
7. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the required
review fee. If an authorized representative signs on behalf of an owner of record, a copy
of the authorization must be provided.
See Tab #1 for signed application.
8. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all
developments as directed by the county weed control district (district) in accordance with the
Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds must be submitted
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Sarah Rosenberg
Spring Creek Inn – Minor Subdivision Application
January 3, 2019
Page 5
with the preliminary plat application. This plan must ensure the control of noxious weeds
upon preliminary plat approval and the revegetation of any land disturbed during the
construction of subdivision improvements.
See Tab #6 for Weed Management Plan.
9. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.100 the subdivider must provide the information regarding
sanitation set forth in MCA 76-3-622.
It is requested the subdivision be exempted from MDEQ through the “Municipal
Facilities Exclusion”. In addition, the project does not propose any water or
sanitary sewer main extensions.
SEC. 38.220.060. - ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS.
(38.41.060)
A. The following list of preliminary plat application supplements must also be provided for all
subdivisions unless waived by the development review committee during the pre-
application process. The developer must include documentation of any waivers granted by
the city after the pre-application meeting or plan review. Additional relevant and reasonable
information may be required to adequately assess whether the proposed subdivision
complies with this chapter and the Montana Subdivision and Platting Act. The need for
additional information is determined during the pre-application process.
See Tab #2 for list of requested and list of approved waivers.
INFORMAL REVIEW
This project was previously submitted to the City for Informal Review (Application #18013). A copy of
the Informal Application and City comment are included in Tab #2.
PRE-APPLICATION REVIEW
This project was previously submitted to the City for Preapplication Review (Application #18360). A
copy of the Pre-Application submittal is included in Tab #2.
Please note, there was no additional City comments generated by the Pre-Application submittal.
AFFORDABLE HOUSING
This project is exempt from affordable housing requirements per Sec. 38.43.030 which requires
subdivisions and site plans which propose ten or more market-rate homes, to be created through
development, new construction, substantial improvement or reuse, are subject to affordable housing
requirements. This project has two lots and is anticipated to developed by a subsequent 6 unit
condominium site plan.
531
Sarah Rosenberg
Spring Creek Inn – Minor Subdivision Application
January 3, 2019
Page 6
If you have any questions or need additional information, please feel free to call (406-586-5599) or email
(clitle@alpinesurveying.net
Sincerely,
Alpine Surveying & Engineering
Clint Litle, P.E.
Senior Project Engineer
Attachment(s): As stated
532
533
EXCUTIVE SUMMARY
Spring Creek Inn Subdivision – Preliminary Plat
Spring Creek Inn Minor Subdivision is a proposed 2-lot subdivision located at 1641 Hunters
Way within the West Winds Planned Unit Development (PUD), West Winds Subdivision Phase
4, Block 2, Lot 1. The subject parcel is currently the site for the Spring Creek Inn Memory Care
facility, except for the
north 115 feet which is
vacant.
The purpose of this
application is to initiate
the minor subdivision
process to split the parent
parcel (West Winds
Subdivision Phase 4,
Block 2, Lot 1) into two
lots. The southerly lot
(Lot 1A) will be the
existing Spring Creek
Memory Care facility, the
north lot (Lot 1B) will be
initially vacant and then
developed through a
subsequent site plan
application which is
anticipated to be a 6-unit
condominium project.
534
ADJOINER CONTIGUOUS
6. WEST WINDS SUB PH 4, S02, T02 S, R05 E, PUBLIC PARK 1,2,3,4 PLAT J-493
CARY TOEPKE
PO BOX 1468
SIDNEY, MT 59270
ADJOINER NOT CONTIGUOUS (ALL BELOW)
1. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 9, Lot 1, PLAT J-554
RICE LUCAS JOHN & NINA ALICIA
507 FLATHEAD AVE
BOZEMAN, MT 59718-6345
2. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 9, Lot 2, PLAT J-554
BURNS ANDREW JOHN & MAGGIE FALLER
2976 WESTWIND WAY
BOZEMAN, MT 59718-4802
3. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 9, Lot 3, PLAT J-554
MANDEVILLE ERIN J
2954 WESTWIND WAY
BOZEMAN, MT 59718-4802
4. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 9, Lot 4, PLAT J-554
BALYEAT JACOB W & JOLENE R
2928 WESTWIND WAY
BOZEMAN, MT 59718-4802
5. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 9, Lot 5, PLAT J-554
MEYER RONNIE J & RENEE J
2912 WESTWIND WAY
BOZEMAN, MT 59718-4802
7. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 7, Lot 7, PLAT J-554
SCHMITZ BETTY
280 W KAGY BLVD STE D292
BOZEMAN, MT 59715-6056
535
ADJOINER NOT CONTIGUOUS (ALL BELOW)
8. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 7, Lot 8, PLAT J-554
STOODY JOCELYN LOUISE
1698 HUNTERS WAY
BOZEMAN, MT 59718-6194
9. WEST WINDS SUB PH 6, S02, T02 S, R05 E, BLOCK 7, Lot 9, PLAT J-554
LAGESON DAVID R &
1690 HUNTERS WAY
BOZEMAN, MT 59718-6194
10. WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, PARKS PLAT J-445
Cary Toepke
PO BOX 1468
Sidney, MT 59270
11 & 12. WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 1, PLAT J-493 PLUS
OPEN SPACE
KESSENICH ANDREW P & CARY C
1680 HUNTERS WAY
BOZEMAN, MT 59718-619
13. WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 2, PLAT J-493 PLUS OPEN
SPACE
ROGERS GLENNIS D
50 MEAGHER AVE
BOZEMAN, MT 59718-6223
14. WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 3, PLAT J-493 PLUS OPEN
SPACE
GOODHARD WILLIAM B & UND 60% INT
1648 HUNTERS WAY
BOZEMAN, MT 59718-6194
536
ADJOINER NOT CONTIGUOUS (ALL BELOW)
15. WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 4, PLAT J-493 PLUS OPEN
SPACE
CONWELL KEVIN M & BARBARA M
1622 HUNTERS WAY
BOZEMAN, MT 59718-6194
16. WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 5, PLAT J-493 PLUS OPEN
SPACE
PLUMB TOM &
1604 HUNTERS WAY
BOZEMAN, MT 59718-6194
17. WEST WINDS SUB PH 3, S02, T02 S, R05 E, BLOCK 1, Lot 1, PLAT J-458 PLUS OPEN
SPACE
BEERS FAMILY TRUST
1594 HUNTERS WAY
BOZEMAN, MT 59718-6153
18. WEST WINDS SUB PH 3, S02, T02 S, R05 E, BLOCK 1, Lot 2, PLAT J-458 PLUS OPEN
SPACE
MCMINDES KEVIN
411 W MAIN ST
BOZEMAN, MT 59715-457
19. WEST WINDS SUB PH 3, S02, T02 S, R05 E, Lot 1, PLAT J-458A PLUS OPEN SPACE
SNH/LTA PROPERTIES TRUST
TWO NEWTON PLACE
NEWTON, MA 02458
20. WEST WINDS SUB PH 4&5, S02, T02 S, R05 E, Lot 2, PLAT J-493A
SID 716 LLC
PO BOX 12037
BOZEMAN, MT 59719-2037
537
ADJOINER NOT CONTIGUOUS (ALL BELOW)
21. WP EAST CONDO, S02, T02 S, R05 E, WEST WINDS SUB PH 4 & 5 LOT 1 PLAT J-
493A
LINDSAY MINNICK
PO BOX 1862
BOZEMAN, MT 59771
22. WEST WINDS SUB PH 5, S02, T02 S, R05 E, NW4 PUBLIC PARK PLAT J-494
CARY TOEPKE
PO BOX 1468
SIDNEY, MT 59270
23. WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 5, PLAT J-494 PLUS OPEN
SPACE
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
LDS CHURCH REAL ESTATE
SALT LAKE CITY, UT 84150
538
1
Spring Creek Minor Subdivision,
Application No. 18360
November 7, 2018
Subject: Request for waiver of additional subdivision preliminary plat supplements.
Alpine Surveying and Engineering on behalf of Madrona Point Development, LLC requests the
following preliminary plat supplements be waived as a requirement of the Spring Creek Minor
Subdivision Preliminary Plat Application. The primary justification for these waivers is two-fold:
1. The Spring Creek Minor Subdivision is within the West Winds Planned Unit Development
(PUD) which previously provided a comprehensive evaluation of the requested waiver items;
and
2. The Spring Creek Minor Subdivision is a small 2-lot infill minor subdivision, which after a
subsequent site plan application and review by the City may allow for the construction of 6
condominium dwelling units. The original PUD assumed 711 dwelling units, of which the 6
condominiums are included.
The following is an item by item listing of the requested waiver items. Justification for waiver
provided in italic font.
Sec. 38.220.060. – Additional subdivision preliminary plat supplements
1. Surface water.
See Chapter 5, page 5-4, section c. Hydrology of the PUD for required narrative and mapping
of surface water.
2. Floodplains.
See Chapter 5, page 5-7, section c. Hydrology of the PUD for required narrative and mapping
of flood hazard evaluation. In addition, a 100-year flood study was completed by the PUD and
is included in the PUD appendices.
3. Groundwater.
See Chapter 5, page 5-8, section c. Hydrology of the PUD for required narrative and mapping
of groundwater. In addition, a groundwater report was completed by the PUD and is included
in the PUD appendices.
4. Geology; soils; slopes.
See Chapter 5, pages 5-1, 5-3, 5-9 of the PUD for required narrative and mapping of geology,
soils and slopes. In addition, a Geotechnical Evaluation was completed by the PUD and is
included in the PUD appendices.
5. Vegetation.
See Chapter 5, page 5-11, section e. Vegetation of the PUD for required narrative and
mapping of vegetation.
6. Wildlife.
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2
See Chapter 5, page 5-14, section g. Wildlife and Wildlife Habitat of the PUD for required
narrative and mapping.
7. Historical features.
See Chapter 5, page 5-16, section h. Historical of the PUD for required narrative and mapping
of historical features. In addition, a cultural investigation was completed by the PUD and is
included in the PUD appendices.
8. Agriculture.
See Chapter 5, page 5-11, section e. Vegetation (Agriculture) of the PUD for required
narrative and mapping.
9. Agricultural water user facilities.
See Chapter 5, page 5-4, section c. Hydrology, subsection Watercourses / Irrigation Ditches of
the PUD for required narrative and mapping.
10. Water and sewer.
See Chapter 6, page(s) 6-2 & 6-6, section(s) a. Water Supply & b. Wastewater collection and
Treatment of the PUD for required narrative and mapping of water and sewer. In addition,
water and sewer Reports were completed by the PUD and were included in the PUD
appendices. Plus, water and sewer engineering reports for the specific subdivision phase
(phase IV) were submitted, reviewed and approved by the City and MDEQ.
Also note, that Phase IV of the PUD paid cash in lieu of water rights.
11. Stormwater management.
See Chapter 6, page 6-7, section c. Storm Drainage of the PUD for required narrative and
mapping of stormwater. In addition, a storm water report was completed by the PUD and
were included in the PUD appendices. Plus, a stormwater engineering report for the specific
subdivision phase (phase IV) was submitted, reviewed and approved by the City.
12. Streets, roads and alleys.
See Chapter 6, page 6-8, section c. Roads of the PUD for required narrative and mapping. In
addition, a traffic impact study was completed by the PUD and were included in the PUD
appendices.
The proposed minor subdivision does not propose any addition road improvements.
13. Utilities.
See Chapter 6, page(s) 6-23 & 6-24, section(s) i. Telephone Service & j. Electrical Service for
required discussion. Service letters from the service providers are included in the appendix of
the PUD.
In addition, the proposed minor subdivision is an infill project and is currently surrounded by
existing utilities.
14. Educational facilities.
See Chapter 6, page 6-22, section h. Schools for required discussion.
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3
15. Land use.
See Chapter(s) 3 & 6, page(s) 3-13 & 6-2 for required discussion.
16. Parks and recreation facilities.
See Chapter 6, page 6-14, section e. Parks of the PUD for required narrative and mapping. In
addition, a park master plan was completed by the PUD and was included in the PUD
appendices.
The proposed minor subdivision does not propose any park improvements.
It is our understanding that a table accounting for current park utilization my be required in
the minor subdivision application.
17. Neighborhood center plan.
See Chapter 6, page 6-14, section e. Parks of the PUD. The West Winds Park was designated
as the neighborhood center.
18. Lighting plan.
See lighting plan in PUD appendices. Proposed minor subdivision does not propose any
road improvements or street lighting.
19. Miscellaneous.
a. Public lands.
See Chapter 6, page 6-14, section e. Parks of the PUD for discussion of access to on-site
and adjoining public parkland.
b. Hazards.
NA, no known hazards.
c. Wildlands-
NA, the proposed minor subdivision is an infill project surrounded by an established
neighborhood.
19. Affordable housing.
NA, this project is exempt from affordable housing requirements per Sec. 38.43.030 which
requires subdivisions and site plans which propose ten or more market-rate homes, to be created
through development, new construction, substantial improvement or reuse, are subject to
affordable housing requirements. This project has two lots and is anticipated to developed by a
subsequent 6 unit condominium site plan.
Prepared By: Clint Litle, PE
541
August 27, 2018 Alpine Surveying & Engineering, Inc c/o Clint Litle, P.E. 2075 Charlotte Street, Suite 1 Bozeman, MT 59718 RE: Spring Creek Inn Minor Subdivision Pre-App, Application 18360 Dear Mr. Litle, The City of Bozeman’s Development Review Committee (DRC) reviewed the above-referenced subdivision pre-application plan for a minor subdivision on August 22, 2018. Enclosed you will find comments from the DRC meetings. We hope that these notes and suggestions assist you with the design and review of this potential future development. Please note that comments are preliminary and based on the information provided. While we attempt to identify all issues during the pre-application plan review, please keep in mind that there may be other issues that arise during the formal review. If you have any questions or concerns, please do not hesitate to contact me at 406-582-2297. All code sections provided in the comments reference the adopted Bozeman Municipal Code. Thank you for your assistance with this review. Respectfully, Sarah Rosenberg, Associate Planner C: Madrona Point Development, 111 Market Street, Suite 200, Olympia, WA 98501 VTR Spring Creek Inn, LLC., Altus Group/Ventas #7312 PO Box 71970, Phoenix, AZ 85050
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Location: 1641 Hunters Way, legally described as Lot 1, Block 2 of West Winds Subdivision Phase 4, (J-493) situated in the Northwest One-Quarter (NW ¼) of Section 02 (S02), Township Two South (T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Project description: This Pre-Application (PA) is a proposal for a Minor Subdivision to split the parent parcel into two lots. Lot 1 will be the existing Spring Creek Memory Care facility, lot 2 which is currently vacant will be development through a subsequent site plan application which is anticipated to be a 6-unit condominium project. The parcel is 3.49 acres.
The City of Bozeman Department of Community Development has considered the subdivision pre-application plan review for the Spring Creek Inn minor subdivision to subdivide 3.49 acres into 2 lots for future development and as a result, offers the following comments for consideration. Reference the full text of the Bozeman Municipal Code (BMC) for code citations, particularly Chapter 38, Article 41, Sections 010 and 030-060 as needed. Planning Comments (Sarah Rosenberg, srosenberg@bozeman.net, 582-2297):
1. The DRC is able to grant waivers to the supplemental information under 38.41.060. The following waivers are granted:
a. Surface Water
b. Floodplains
c. Ground water
d. Geology; soils; slopes
e. Vegetation
f. Wildlife
g. Historical Features
h. Agriculture
i. Agricultural water use facilities
j. Streets, roads, and alleys
k. Educational facilities
l. Land use
m. Neighborhood center plan
n. Lighting Plan
o. Miscellaneous – public lands, hazards, wildlands
p. Affordable housing
543
2. The following waiver requests are not granted:
a. Water and sewer
b. Storm water management
c. Utilities
d. Parklands – please provide tracking table to determine if enough parkland was dedicated for new use. The original parkland dedication was for different uses and has been modified over time. Please contact the Parks Department to determine if any improvements within the West Winds Subdivision still need to be completed.
3. On the preliminary plat, do not have any site plan exhibits (i.e. buildings) shown.
Engineering Comments (Griffin Nielsen, gnielsen@bozeman.net, 582-2280) See attached comments.
NorthWestern Energy Comments (Cammy Dooley, cammy.dooley@northwestern.com)
If there are to be any utilities in the rear of the property, there needs to be adequate access and easements for them.
STANDARD CODE PROVISIONS
The preliminary plat must comply with the standards identified and referenced in the Unified Development Code. 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 deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and must be addressed with the preliminary plat application:
1. The preliminary plat shall conform to all requirements of the Unified Development Code of the Bozeman Municipal Code, and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM).
2. Section 38.27.070 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application.
3. Per Section 38.06.030, BMC - Mortgagee. If there are liens or mortgages against the property the appropriate Mortgagee certificate must be included.
544
4. Section 38.02.050, BMC - Disposition of Water Rights. Water rights, or cash in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat.
5. Section 38.23.060, BMC - Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. All easements must be described, dimensioned and shown on the final plat in their true and correct location.
6. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas must comply with the provisions set forth in Section 38.26.050.L.
7. Section 38.23.080.H Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope.
8. Section 38.23.150.C Lighting. If street lighting is proposed or required all lighting must comply with the requirements of Section 38.23.150, BMC.
9. Section 38.27.090, BMC - Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation.
10. Section 38.39.030, BMC - Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements.
11. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, must be submitted with the preliminary plat.
12. Article 6. The certificates listed in Section 38.06.020 through 38.06.110 shall be shown on plat and certificates of survey, as appropriate.
545
13. Article 41. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver.
14. Section 38.41.030.A.4, BMC –Subdivision pre-application plan. The plans must clearly show the subdivision layout and not only describe but also label all existing and proposed subdivision blocks, tracts, and lots.
15. A complete preliminary plat application shall be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail.
Preliminary Plat Submittal Requirements:
Section 38.41.010, BMC – General. All applications and supplemental material, including all copies of plats and site development plans, shall be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for distribution. All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required.
Four applications forms are required for all Preliminary Plat Applications. These documents detail all submittal requirements and each form must be completely filled out and included with each digital copy of the submittal packet. The forms include and are attached for reference.
Required Applications
1. Form A1 - Development Review Application
2. Form PP – Subdivision Preliminary Plat Required Materials
3. Form PP1 – Subdivision Preliminary Plat Checklist
4. Form N1 – Noticing Materials Note: The comments and advice contained in this D.R.C. memorandum are intended to assist the applicant in preparing the subdivision preliminary plat application. However, further comments and/or recommendations on matters not discussed during the informal view may arise based on the information and supplemental data provided with the formal applications and applicable comments provided by local and state agencies.
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Spring Creek Inn
Minor Subdivision
Parkland Summary
The Spring Creek Inn Minor Subdivision is a part of the West Winds Planned Unit Development (PUD).
The PUD provides parkland for all subdivision phases within the PUD.
Spring Creek Inn Minor Subdivision is located on Lot 1, Block 2 of West winds Major Subdivision Phase
4. Sheet 1 of said subdivision specifically entitles Lot 1 to park dedication for 6 dwelling units. The plat
notes,” PARK DEDICATION REQUIREMENTS FOR LOT 1 BLOCK 2 HAVE BEEN MET FOR 6
DWELLING UNITS”. The existing use on Lot 1 is a senior assisted living facility (memory care), which
under City policy does not require park area. Therefore, the park dedication on Lot 1 is available for the 6
future condominium units.
Table 1 below provides a phase by phase summary of the park requirements for the West Winds PUD.
This summary is current and includes West Winds Southwest located in West Winds Phases 4 & 5, plus
Spring Creek Inn Minor Subdivision.
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Spring Creek Inn Minor Subdivision – Park Land Summary
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Table 1 - Park Area Required By Phase
Description Units Park Area Units
Park Area Units
Park Area Units Park AreaSingle Family Lots 39 1.17 26 0.78 9 0.27 37 1.11Townhouses38 1.14 86 2.58 0 0 0 0Standard Multi-Family 68 2.04 0 0 6 0.18 33 0.99Affordable Multi-Family (11%) 0 0 69 0.509 0 0 0 0Senior Multi-Family 0 0 0 0 0 0 0 0Senior Assisted Living (congregate care) (See Note 3.)0 0 0 0 124 0 6 0Total 145 4.350 181 3.869 139 0.450 76 2.100
Description Units Park Area Units
Park Area Units
Park Area Units Park AreaSingle Family Lots 29 0.87 56 1.68 43 1.29 17 0.51Townhouses22 0.66 0 0 0 0 0 0Standard Multi-Family 27 0.81 0 0 0 0 0 0Affordable Multi-Family (11%) 0 0 0 0 0 0 0 0Senior Multi-Family 0 0 0 0 0 0 0 0Senior Assisted Living (congregate care) (See Note 2.)0 0 0 0 0 0 0Total 78 2.340 56 1.680 43 1.290 17 0.510
Description Units Park Area
Actual Park Area Provided (Ac.)
Area Park to be provided Cash-in-Lieu Phase 8 (Ac.)Single Family Lots 256 7.68Townhouses 146 4.38Standard Multi-Family 134 4.02Affordable Multi-Family (11%) 69 0.509Senior Multi-Family 0 0Senior Assisted Living (congregate care) (See Note 2.)130 0Total 735 16.589 18.54 -1.95
Notes:
Totals
1. Park area required based on 0.03 Ac./DU for Single Family, Townhouses , standard multi-family and senior multi-family.2. Park area required based on 11% of net area affordable housing. Should multi-family affordable parcel be developed with 3. Skilled Nursing Facility (congregate care) does not require parkland allocation4. Total dwelling unit count excludes Skilled Nursing Facility (congregate care)
Phase V Phase VI Phase VII Phase VIII
Phase I Phase II Phase III Phase IV
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Spring Creek Inn Minor Subdivision – Park Land Summary
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Table 2 below provides the phase by phase land area, detailing the park area provided by the PUD.
Table 2 - Phase Land Use Summary
Phase Misc.
Single Family Town House Multi-family Multi-Family
Skilled Nursing Facility Community Center Gross
Storm Water Ponds Net Park
Public Open space
Public Right-of-way Total12 3 4 5 6 7 8 9 10 11 12 13I 5.78 3.09 4.97 0.00 0.00 0.00 3.79 0.00 3.79 3.46 10.24 31.34II 3.59 7.68 4.62 0.00 0.00 0.00 6.12 0.34 5.77 3.07 8.63 33.71III 1.27 0.00 0.00 7.32 0.00 0.00 0.14 0.00 0.14 0.23 3.41 12.37IV 0.77 0.00 0.00 10.26 3.50 0.00 4.65 0.33 4.32 1.25 3.51 23.93V 1.73 0.00 0.00 7.24 0.00 5.01 1.52 0.00 1.52 0.15 5.34 20.98
VI 8.49 0.00 0.00 0.00 0.00 0.00 3.35 0.35 3.00 1.02 4.68 17.53VII 7.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.20 6.70 15.08VIII 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.50 2.09 6.59Total 31.81 10.77 9.59 24.81 3.50 5.01 19.56 1.02 18.54 11.87 44.60 161.52
Senior Residential Dedicated Park Public LandResidential
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Spring Creek Inn Minor Subdivision – Park Land Summary
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Table 3 below provides a summary of park land for Spring Creek Inn Minor subdivision.
In conclusion, based on the excess 1.95 acres of parkland within the West Winds PUD, and the parkland
entitlement (6 dwelling units) granted to Lot 1, Block 2, West Winds Major Subdivision Phase 4. The
Spring Creek Inn Minor Subdivision is not required to provide additional park land or cash-in-lieu of
parkland.
Prepared by: Clint Litle, P.E.
Table 3 - PARKLAND SUMMARY
Spring Creek Inn Minor Subdivision - Parkland Requirements
Parkland Required Spring Creek Inn Minor SubdivisionSingle Family Units 6 Lots 0.03 AC./Lot 0.18 AC.
Parkland Provided by spring Creek Inn Minor subdivision 0.00 AC.
Excess Parkland Provided by Spring Creek Inn Minor Subdivision -0.18 AC.
Notes:
West Winds Planned Unit Development Phases 1 - 8 - Parkland Requirements
Parkland Required Phases 1 - 8 (Includes West Winds sothwest and Spring Creek Inn Minor Subdivision)Single Family Lots 256 Lots 0.03 AC./Lot 7.68Townhouses 146 Lots 0.03 AC./Lot 4.38Standard Multi-Family 134 Units 0.03 AC./Lot 4.02Affordable Multi-Family (11%) 69 Units 0.51Senior Multi-Family 0 Units 0.03 AC./Lot 0Senior Assisted Living (See Note 3.)130 Units 0 AC./Lot 0Total 735 Units 16.59
Parkland Provided Phases 1 - 8 (see note 4)18.54
Excess Parkland Provided Phases 1 - 8 1.95
Notes:
4. Parkland provided through phases 1-8, excludes wetlands, watercourse setbacks and
1. Park area required based on 0.03 Ac./DU for Single Family, Townhouses , standard multi-family and senior multi-family.2. Parkland provided excludes wetlands, watercourse setbacks and stormwater detention/ retention.
1. Park area required based on 0.03 Ac./DU for Single Family, Townhouses , standard multi-family 2. Park area required based on 11% of net area affordable housing per PUD approval.3. Senior Assisted Living does not require parkland allocation.
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