HomeMy WebLinkAbout19- Findings of Fact and Order - Spring Creek Inn Minor Subdivision, Application 19082 19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 1 of 19
19082, Findings of Fact and Order for the Spring Creek Inn Minor
Subdivision
Public Hearing Date: City Commission meeting with public hearing was held 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.
Action: Approval with conditions and code provisions.
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 Spring Creek Inn Minor Subdivision with
conditions and subject to all applicable code provisions."
Report Date: June 19,2019
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 IA 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.
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 2 of 19
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
the application as of the writing of this report.
City Commission met on June 17, 2019 to consider the application and hold a public meeting for
the preliminary plat. After the City Commission reviewed and considered the application
materials, staff report, advisory review board recommendations, and all the information
presented,they made individual findings and voted unanimously to approve the application. The
Commission agreed that the application met the criteria established by the Bozeman Municipal
Code. Therefore,the application was approved with conditions and applicable code provisions
outlined in these findings.
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 6/17/19:
https://media.avco ureall.com/session.html?sessionid=34bfba82-b97f-43f7-85c2-
e266608a6d0e&prefilter=654,3 83 5
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.
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 3 of 19
TABLE OF CONTENTS
EXECUTIVESUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
ProjectSummary................................................................................................................. 1
Alternatives......................................................................................................................... 2
SECTION1 —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 .......................................................... 17
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 18
APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 18
FISCALEFFECTS....................................................................................................................... 18
ATTACHMENTS......................................................................................................................... 19
19082 Findings of Fact Spring Creek brn Minor Subdivision Page 4 of 19
SECTION 1 -MAP SERIES
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19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 5 of 19
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19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 6 of 19
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19082 Findings of Fact Spring Creek hin Mirror Subdivision Page 7 of 19
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 11/z" 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
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 8 of 19
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 S—RECOMMENDATIONAND 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.
19082 Findings of Fact Spring Creek bin Minor Subdivision Page 9 of 19
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.
19082 Findings of'Fact Spring Creek but Minor Subdivision Page 10 of 19
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.
19082 Findings of Fact Spring Creek but Minor Subdivision Page 11 of 19
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 113) 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.
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 12 of 19
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.
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 13 of 19
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
19082 Findings of Fact Spring Creek bin Minor Subdivision Page 14 of 19
dwelling units. The future development of Lot I 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.
SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38,Article 3,BMC, and other applicable sections of Chapter 38,
BMC,public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC;to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on June 17, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized changes to the
conditions of approval, and summarized the public comment submitted to the City prior
to the public hearing.
D. The applicant, Alpine Surveying &Engineering, acknowledged understanding and
agreement with the recommended conditions of approval, code provisions including the
changes to the conditions of approval.
E. The City Commission requested public comment at the public hearing on June 17, 2019.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
19082 Findings of Fact Spring Creek bin Minor Subdivision Page 15 of 19
Chapter 38, Article 33, BMC, and considering all matters of record presented with the
application and during the public comment period defined by Chapter 38, BMC,the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 3 8, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review,public testimony, and this report,justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38,BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission,by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased major subdivision shall be effective fog`two (2)
years from the date of the signed,Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider,grant an extension to its approval by
the Community Development Director for a period of mutually agreed upon time.
DATED this 15t"day of July, 2019.
BOZE C OMMISSION
YNTHIA L. NDR
Mayor
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ROBIN CROUGH '. ,• aa3 •,
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City Clerk 9tL`�TIN C�•��O
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 16 of 19
APPROVED AS TO FORM:
KAREN STAMBAUGH
Acting City Attorney
19082 Findings of Fact Spring Creek but Minor Subdivision Page 17 of 19
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.
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.
19082 Findings of Fact Spring Creek bur Minor Subdivision Page 18 of 19
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.
City Commission met on June 17, 2019 to consider the application and hold a public meeting for
the preliminary plat. After the City Commission reviewed and considered the application
materials, staff report, advisory review board recommendations, and all the information
presented, they made individual findings and voted unanimously to approve the application. The
Commission agreed that the application met the criteria established by the Bozeman Municipal
Code. Therefore, the application was approved with conditions and applicable code provisions
outlined in these findings.
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 6/17/19:
https://media.aveaptureall.com/session.html?sessionid=34bfba82-b97f-43 f1-85 c2-
e266608a6d0e&prefilter=654,3 83 5
APPENDIX D - OWNER INFORMATIONAND 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.
19082 Findings of Fact Spring Creek Inn Minor Subdivision Page 19 of 19
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