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HomeMy WebLinkAbout056 Document Research South 3rd ROWDocument Search of S. 3rd north of Goldenstein lane and south of Wagon Wheel. • 60’ road dedicated in 1871 recorded in Galla�n County as Pe��on 5. o This is per discussions with Galla�n County Road and Bridge. No document located. • Pe��on 205 recorded in 1902 appears to supersede the original dedica�on. Pe��on 205 refers to a 40’ public highway that realigned the original County Road. (Atachment 1) • In 1946 a Right of Way Grant recorded in Book 92 Page 564 grants 45’ of ROW on the easterly side of the center line of County Road No 205. (Atachment 2) o Note - COS 2947 recorded in 2017 for the farm land to the west prepared by Morrison Maierle incorrectly calls this out as book 95 page 564. • In 1996/1997 the City of Bozeman was granted a 40’ wide tract of land for S. 3rd north of Wagonwheel Road. (Atachment 3) o This does not appear to impact Comm Lot 2. • 1997 Sundance Springs Subdivision Phase 1 Record Drawings (Atachment 4) o Sheets W9-W10 (pages 24-25 of PDF) depicts South 3rd as having a 100-foot ROW. • In 1998 resolu�on (film 187 page 441) abandoned a por�on of the county road ROW, due to the exis�ng loca�on of the road having been built outside of the original ROW. (Atachment 5). o This appears to be south Litle Horse Drive and does not appear to impact Comm Lot 2. • 1998 Final Plat of Sundance Springs Phase 1B calls out South 3rd as a “road by use” and dedicates some ROW to the City. (Atachment 6) o The “road by use” is shown as 50 to 46.05 feet wide. o The ROW strip is not dimensioned very well and appears to be 12.85 feet at it’s widest point adjoining the open space surrounding Comm Lot 2. • 2017 COS 2947 o Depicts South 3rd as consis�ng of 20’ of Road pe��on No 205 + 45’ from Book 95(92) page 564. Essen�ally a 65’ ROW that adjoins Tract 2 of COS 2947. (Atachment 7) • 2020 The City of Bozeman comments regarding Applica�on 20298 (Comm Lot 2 original concept review applica�on) indicate that “the subdivision plat shows a 13.47 foot wide open space easement boarding the Site on its west frontage and that north of the site lies the 0.417-acre Ellis View Estates Public Park. (Atachment 8) o Presumably the referenced open space is the HOA open space? Plat does not appear to have a clear width describing this strip of open space adjoining Comm Lot 2. o Comm Lot 2 does not adjoin Ellis View Public Park. Comm Lot 2 is separated from the Public Park by HOA Open Space 52.33’ in width. • City of Bozeman Infrastructure Viewer (Atachment 9) o Depicts the City Boundary to beginning east of South 3rd o Depicts a “space” between the City Boundary and the Sundance Springs open space surrounding Comm Lot 2. Presumably this is the ROW dedicated to the City by Sundance Springs Plat 1B? The various documents recorded by Morrison Maierle appear to contradict one another. One depicts a 100-foot ROW, one depicts a “road by use” rather than any ROW, and the most recent (COS 2947) appears to depict a 65’ ROW. Atachments: 1. Pe��on 205 Road dedica�on 2. Book 92 Page 564 Right of Way Grant 3. Film 174 Page 2515 City ownership deed 4. Sundance Springs Phase 1 Record Drawings 5. Film 187 Page 441 Abandonment 6. Sundance Springs P1B plat 7. COS 2947 Survey of neighboring property 8. DRC comments 9. COB Infrastructure Viewer screenshot Page 2 of 11 Application No. 20298; Sundance Springs Commercial Lot 2, Phase 1B Site Plan CONR review comments Context: Property/Site: Commercial Lot 2, Plat J-257 Sundance Springs Subdivision Phase 1B. Geocode: 06-0798-25-1-08-14-0000; no address; 1.3 acres in size Zoned B-1, Neighborhood Service District pursuant to the 1998 Sundance Springs Planned Unit Development (PUD) Master Plan. The Site is designated for a “Village Store” in the Sundance Springs Master Plan map. The Future Land Use Plan map of the City’s Community Plan/Growth Policy designates the Site for Community Commercial Mixed Use development. The Site is designated a Landscape Block Frontage on its west (S. 3rd Avenue) and south (Little Horse Dr.) frontages. The north frontage of the Site borders a City Park and trail and any buildings facing the park/trail would meet the Mixed Block Frontage standards per the Bozeman Municipal Code (BMC) Section 38.510.030.I. Property is an irregularly-shaped corner lot at the northeast corner of S. 3rd Avenue and Little Horse Road. It is bordered on the east by the Middle Creek Ditch watercourse which lies within the Sundance Springs Subdivision Open Space Lot which is owned, operated and maintained by the Sundance Springs Home Owners Association (HOA). It is also bordered on its north, east and west sides by a portion of that Sundance Springs open space designation. The subdivision plat shows a 13.47-foot wide open space easement bordering the Site on its west frontage. North of the Site lies the 0.417-acre Ellis View Estates Public Park owned, operated and maintained by the City of Bozeman, granted to the City by the Ellis View Estates subdivision developer. Within the bounds of the Site is a gravel/dirt trail meandering along its northern and western edges which connects to trails within the larger Sundance Springs open space lot to the east and to an existing sidewalk along the Little Horse Rd. right-of-way (ROW). Bordering the Site to the west is S. 3rd Avenue and to the south is Little Horse Road. There is no sidewalk abutting the Site along S. 3rd Avenue. Proposed Development: The Applicant is proposing to develop a commercial center consisting of two 2-story buildings, parking areas, trails, a splash-park water feature, and an on-site trail extension to the existing trail on the north edge of the Site. The Applicant is proposing to build one building which would house 2nd-story office use and a ground floor micro-brewery and restaurant (Building #1). A second building would house 2nd-story office use and ground floor retail and a neighborhood grocery store (Building #2). The Applicant would develop, own, operate and maintain the common areas including vehicle and bicycle parking, landscaping, open space and recreation amenities and trails.