HomeMy WebLinkAbout15 - Pre-App Waviers New UDC 20260104IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 1 of 11
PRELIMINARY PLAT SUPPLEMENTS
Aleagha Subdivision
PREPARED IN ACCORDANCE WITH BOZEMAN MUNICIPAL CODE (BMC) SECTION Sec. 38.710.050.
Located in the SE1/4 of Sec.on 2, T.2S., R.5E., P.M.M., City of Bozeman, Galla.n
County, Montana.
Prepared For: Prepared By:
Aleagha Real Estate, LLC IMEG
1039 Stoneridge Drive, 1817 South Avenue West, Suite A
Bozeman, MT 59718 Missoula, MT 59801
Summary of PROPOSED waivers being requested from the requirements of BMC Sec. 38.710.050.;
1. Surface Water – A.1 (Waived)
2. Floodplains - A.2 (Waived)
3. Groundwater - A.3 (Waived)
4. Geology, Soils and Slope - A.4 (Waived)
5. Vegeta.on - A.5 (Waived)
6. Wildlife - A.6 (Waived)
7. Agriculture - A.7 (Waived)
8. Agricultural Water User Facili.es - A.8 (Waived)
9. Water and Sewer - A.9 (Waived)
10. Storm Water Management - A.10 (Waived)
11. Streets, Roads, and Alleys - A.11 (Waived)
12. Non-Municipal U.li.es - A.12 (Waived)
13. Land Use - A.13 (Waived)
14. Parks and Recrea.on Facili.es - A.14 (Waived)
15. Neighborhood Center Plan - A.15 (Waived)
16. Ligh.ng Plan - A.16 (Waived)
17. Miscellaneous - A.17 (Waived)
18. Affordable Housing - A.18 (Waived)
19. Descrip.on of how the proposed subdivision advances the adopted growth policy - A.19
Breakdown of responses and reasoning for waivers being requested from the requirements of Sec. 38.710.050. ;
1. Surface water.
a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain
which may affect or be affected by the proposed subdivision including:
(1) Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either con.nuously or
intermiFently and has a definite channel, bed and banks.
The subject property does not contain any of the features listed above. Therefore, these
types of surface waters are not located on the Preliminary Plat. This is supported by both
the Wetlands Exhibit and FIRMe"e Map which summarizes the details in FIRM panel
number 30031C0804D applicable to the project site, effec,ve on 9/2/2011.
(2) Ar.ficial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs,
irriga.on or drainage systems.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 2 of 11
The Carroll Stream-Ditch originates ~3 miles south of Durston Road, flows north through
Bozeman, and joins the East Catron Stream-Ditch. The East Catron Stream-Ditch runs
parallel along the western property line and originates ~4 miles south of Durston Road
and flows north through open channels. The stream-ditch is a man-made agricultural
infrastructure. Other ar,ficial water systems include typical inner city infrastructure such
as stormwater infrastructure culverts, deten,on and reten,on ponds. The surface water
systems or infrastructure are shown on the Preliminary Plat uploaded into the city
ProjectDox portal.
b. Descrip.on.
(1) Describe all surface waters which may affect or be affected by the proposed subdivision
including name, approximate size, present use and .me of year when water is present.
(2) Describe proximity of proposed construc.on (such as buildings, sewer systems, streets) to
surface waters.
The proposed subdivision is located within the city limits of Bozeman and is served by municipal
water and sewer systems, as confirmed by the Montana Department of Environmental Quality’s
Municipal Facili,es Exclusion (EQ# 23-1155). The project proposal is for a 2-lot minor
subdivision but does not include any construc,on.
The property is located within the Galla,n River Basin (Basin 41H), which is part of the larger
Missouri River Watershed, as described in Montana Department of Natural Resources and
Conserva,on (DNRC) Water Administra,on Basin Map. This basin includes all tributaries and
land areas that drain into the Galla,n River, one of the three rivers forming the Missouri River
at Three Forks, Montana. The closest major body of water to the property is East Galla,n River,
approximately 2.2 miles east of the property across I-90, which flows northeast of Bozeman
and eventually joins the main stem of the Galla,n River. There are several creeks in the area
such as Bozeman Creek (also known as Sourdough Creek) which flow through eventually joins
the East Galla,n River. This creek is approximately 1.5 to 2 miles southwest of the subdivision,
near neighborhoods like West College Park and Catron. Bridger Creek is another nearby surface
water, located northeast of the site near the East Galla,n Recrea,on Area and Bridger Creek
Golf Course 1. These creeks and rivers are part of the natural drainage system surrounding the
subdivision and are relevant to the water shed, however significant adverse impact as a result
of this minor subdivision will not occur as no addi,onal construc,on, altera,on or expansion is
proposed.
The site is adjacent to East Catron Stream-Ditch which flows intermi"ently across the broader
Stoneridge PUD and is used for stormwater conveyance and irriga,on. According to FEMA’s
FIRMe"e Map, the property lies within Zone X, indica,ng minimal flood hazard. The Wetland
Map shows no mapped wetlands directly on the parcel, though nearby features include
freshwater emergent wetlands and riverine systems to the west.
c. Water body altera.on. Describe any exis.ng or proposed streambank or shoreline altera.ons or
any proposed construc.on or modifica.on of lake beds, watercourses or irriga.on ditches.
Provide informa.on on loca.on, extent, type and purpose of altera.on.
Not applicable, there is no construc,on, altera,on or expansion proposed for this minor
subdivision.
d. Wetlands. If the subdivision contains wetlands, as defined in sec.on 38.800.240, of this chapter,
then a delinea.on of the wetland mee.ng standards of division 38.610 must be provided and the
loca.on of exis.ng and proposed modifica.ons to wetlands must be shown on an overlay of the
proposed plat.
Not applicable, there is no wetland on or directly adjacent to the site. Refer to the Wetlands
Exhibit uploaded into the city ProjectDox portal and herein.
e. Permits. Include copies of any permits listed in sec.on 38.710.020 that have been obtained for
the project.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 3 of 11
Not applicable, there is no wetland on or directly adjacent to the site that would warrant these
permits.
2. Floodplains. Floodplain informa.on must be submiFed with the preliminary plat in compliance with
38.600.150 or 38.600.170 as applicable.
Not applicable, there is no wetland on or directly adjacent to the site. Refer to the FIRMe"e Map
uploaded into the city ProjectDox portal and herein.
3. Groundwater.
Establish the seasonal minimum and maximum depth to the water table by site specific monitoring of
seasonal groundwater levels. Monitoring informa.on must include dates and loca.ons on which
groundwater data was collected, data source, and the loca.on and depth of all known aquifer which
may be affected by the proposed subdivision. The high water table must be determined from
monitoring data represen.ng the period of major concern, which is defined as the May thru July period
unless a different period is requested and approved by the city during the subdivision pre-applica.on
review. Groundwater discharge and management informa.on to demonstrate compliance with
38.410.080. A waiver is requested regarding this criterion as the property u,lizes municipal facili,es,
has prior approval (EQ# 23-1155) and no proposed altera,ons or expansions are requested as a result
of this division.
Further, the Poten,ometric Surface Eleva,on Map, included herein, has been used to describe depths
to the water table, es,ma,ng groundwater availability, understanding flow direc,on and recharge
sources (e.g., from the Galla,n River, adjacent creeks, precipita,on, etc.) and evalua,ng well
placement and yields for both municipal and private wells. The GWIC Summary Map herein provides
the maximum depth to sta,c water level is 14 G, determined on 5/22/2003 (GWIC 202633) with the
minimum depth to sta,c water level is 11 G, determined on 4/27/2004 (GWIC 209761).
4. Geology; soils; slopes.
a. Geologic hazards. Iden.fy geologic hazards affec.ng the proposed subdivision which could result
in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface
subsidence (i.e., seFling or sinking); or seismic ac.vity.
b. Protec.ve measures. Explain what measures will be taken to prevent or materially lessen the
danger of future property damage or injury due to any of the hazards referred to in subsec.on
4.a above.
c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic
condi.ons on the property which limit the capability for building or excava.on using ordinary and
reasonable construc.on techniques. The statement should address condi.ons such as shallow
bedrock, high water table, unstable or expansive soil condi.ons, and slope. On a map, iden.fy
any slopes in excess of 15 percent grade.
d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the
Natural Resource and Conserva.on Service (NRCS). The maps are 1:24,000 in scale. These maps
may be copied without permission. However, enlargement of these maps could cause
misunderstanding of the detail of mapping. Soils were mapped using a minimum delinea.on of
five acres, and these soils reports were intended to alert developers to possible problems and the
need for a more detailed on-site inves.ga.on. The developer must provide the following soil
reports, which can be obtained from the NRCS:
(1) The physical proper.es and engineering indexes for each soil type;
(2) Soil limita.ons for u.li.es, building and site development, and water features for
each soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the developer must
provide a wetlands inves.ga.on by a cer.fied consultant, per 38.610; and
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 4 of 11
(4) The developer must provide any special design methods planned to overcome the
above limita.ons.
e. Cuts and fills. Describe the loca.on and amount of any cut or fill three or more feet in depth.
These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are
necessary, describe any plans to prevent erosion and to promote revegeta.on such as
replacement of topsoil and grading.
A wavier has been requested for this requirement. The project site does not contain shallow bedrock,
unstable slopes, highly erodible soils or slopes in excess of 15% grade.
5. Vegeta.on.
a. Vegeta.on map. On a plat overlay iden.fy cri.cal plant communi.es such as stream bank or
shoreline vegeta.on; vegeta.on on steep, unstable slopes; and vegeta.on on soils highly
suscep.ble to wind or water erosion.
b. Protec.ve measures. Describe measures to preserve trees and cri.cal plant communi.es (e.g.,
design and loca.on of streets, lots and open spaces).
c. Noxious weed management and revegeta.on 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 iden.fied and their loca.on mapped by a person with experience in weed management
and knowledgeable in weed iden.fica.on. A noxious weed management and revegeta.on plan
approved by the district for control of noxious weeds must be submiFed with the preliminary plat
applica.on. This plan must ensure the control of noxious weeds upon preliminary plat approval
and the revegeta.on of any land disturbed during the construc.on of subdivision improvements.
A wavier has been requested for this requirement as all development exists and no disturbance is
proposed of any kind on the site.
6. Wildlife.
a. Species. Describe any endangered species or species of concern which use the area affected by
the proposed subdivision.
b. Cri.cal areas. Iden.fy on a plat overlay of the proposed subdivision any known cri.cal, significant
or "key" wildlife areas, such as big game winter range, waterfowl nes.ng areas, habitat for rare or
endangered species or wetlands.
c. Public access. Describe the effects on public access to public lands, trails, hun.ng or fishing areas.
d. Protec.ve measures. Describe any proposed measures to protect or enhance wildlife habitat or
to minimize degrada.on (e.g., keeping building and streets back from shorelines, seLng aside
wetlands as undeveloped open space).
e. Discussion of impact; documenta.on. The developer must discuss the impact of the proposed
development on fish and wildlife with the state department of fish, wildlife and Parks (FWP). With
the preliminary plat applica.on, the developer must provide wriFen documenta.on from FWP
that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommenda.ons; and
(3) Outlines any mi.ga.on planned to overcome adverse impacts.
The site is situated within a fully developed urban area, surrounded by exis,ng residen,al and
commercial infrastructure, and does not contain or border any designated wildlife corridors, cri,cal
habitats, wetlands, or public lands used for hun,ng, fishing, or recrea,on.
The absence of wildlife-related impacts is consistent with the scope of the project and the urban
environment in which the proposal is located, therefore, a waiver has been requested from this
criterion.
7. Agriculture. When a proposed development is adjacent to land used for agricultural produc.on.
(1) What measures will be taken, if any, to control family pets.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 5 of 11
(2) Fencing of agricultural land. Describe any exis.ng fence lines around the
development boundary which protect agricultural lands under an ownership other
than of the developer, and describe any measure which will be taken to ensure that
the owners of the development will share with the owner of the agricultural lands in
the con.nued maintenance of the fence.
The site is situated within a fully developed urban area, surrounded by exis,ng residen,al and
commercial infrastructure, and does not contain or border agricultural produc,on or related
ac,vi,es. Therefore, a waiver to this criterion is requested.
8. Agricultural water user facili.es.
a. Type, descrip.on, ownership and users of facili.es per 38.310.010 and 38.410.060. .
b. WriFen documenta.on demonstra.ng ac.ve use of facili.es, for example the delivery of non-
potable water supplies for irriga.on, conversion to stormwater facili.es, or other use. If a facility
is not being ac.vely used nor intended to be used in the future, include a wriFen plan for
discon.nuance including all documenta.on required pursuant to Montana Law.
c. Describe any proposed realignment, piping, street crossings, or other modifica.ons. Any
modifica.on of an exis.ng agricultural water user facility must comply with all relevant
requirements of Montana law.
d. Informa.on from the owner(s) of the facility concerning the proposed use or discon.nuance of
the facility.
e. If the facility provides conveyance of water to downstream water users or water rights holders, or
is used for agricultural water return flows or stormwater then the facility must be perpetuated
and located within an agricultural water user facility easement and/or stormwater drainage
easement as applicable and consistent with the requirements of this chapter.
9. Water and sewer. Provide an engineering design report and/or other documenta.on demonstra.ng
that adequate water distribu.on systems and capacity, and sewage collec.on and disposal systems and
capacity, exists or will be provided to serve the proposed subdivision consistent with the City of
Bozeman Design and Construc.on Standards and chapter 40. Provide the informa.on needed to
demonstrate proposed compliance with 38.780. Special care is needed when concurrent construc.on is
proposed
The original “Design Report - Stoneridge Minor #1 - Water, Sewer & Streets”, prepared by
MorrisonMaierle, Inc. in December 1997, outlines the established u,lity service capaci,es, including
water, sewer, and fire flow modeling. According to this report all u,lity infrastructure was sized and
coordinated appropriately at the ,me of the original subdivision approval; therefore, the applicant is
proposing a waiver be granted for this requirement.
Water service is supplied through a 10-inch main located at the intersec,on of Durston Road and
North 20th Avenue, which connects to an 8-inch line running north along Stoneridge Drive to North
22nd Avenue. This 8-inch line is further supported by connec,ons from a 6-inch line at the end of
Charlo"e Street and an exis,ng 8-inch line in North 22nd Avenue.
Sewer service is provided through a 12-inch line that connects to an exis,ng 15-inch main in Durston
Road. This 12-inch line runs north through the subdivision and ,es into an exis,ng 8-inch line near
West Oak Street. The line was inten,onally oversized to provide addi,onal capacity for the City of
Bozeman, which is covering the cost of the oversizing. The subdivision connects to a manhole within
the Brentwood Subdivision’s collec,on system, replacing an 8-inch main with the new 12-inch line.
Please see the Preliminary Plat and Exis,ng Condi,ons Exhibit depic,ng exis,ng sewer and water
lines and manholes are already in place.
10. Stormwater management. A stormwater management plan mee.ng the requirements of sec.on
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 6 of 11
40.04.700 and the city's adopted stormwater master plan.
The “Design Report - Stoneridge PUD – Grading & Drainage”, prepared by Morrison-Maierle, Inc. in
December 1997, outlines a comprehensive stormwater management strategy in compliance with
Bozeman Municipal Code Sec,on 40.04.700 for the exis,ng condos. The plan includes both major and
minor drainage systems and has been uploaded into the ProjectDox portal for city staff’s review as
the applicant is reques,ng to waive this requirement. Stormwater is not proposed to be affected as
no expansion, modifica,on or earth work is proposed.
The major system is built around the Carroll and East Catron stream-ditches, which are designed to
convey runoff from up to 100-year storm events without flooding structures. Culverts within these
systems are sized for 25-year events, with site grading and emergency overflow routes ensuring
protec,on during larger storms. Aesthe,c and func,onal features like the N. 19th Avenue Greenway
Swale are also incorporated to manage overflow and enhance the landscape.
The minor drainage system includes streets, swales, curb chases, and a network of deten,on and
reten,on ponds. These ponds are designed to capture and slowly release runoff from 10-year storm
events at or below pre-development flow rates, minimizing downstream impacts. Emergency
overflow structures are included to safely manage larger events. The report also includes a detailed
stormwater maintenance plan, requiring regular inspec,ons and upkeep to ensure long-term
func,onality. A Stormwater Discharge Pond Easement has been dedicated in the southern corner of
the lot, as shown on Preliminary Plat. Overall, the plan emphasizes preserving natural drainage
pa"erns, minimizing erosion, and protec,ng structures through thoughPul engineering and site
design.
11. Transporta.on Facili.es.
a. Access. The developer must demonstrate that the land to be subdivided has access onto a legal street.
b. Streets, roads, and alleys. Describe any proposed new public or private streets, roads or alleys, or
substan.al improvements of exis.ng public or private streets, roads or alleys. The developer must
demonstrate that the future streets will be consistent with the city's adopted design standards, ar.cle
34.4, the current long-range transporta.on plan, and other relevant standards.
c. Ac.ve transporta.on facili.es. Describe ac.ve transporta.on facili.es to be developed with the
development and their rela.onship to exis.ng and future facili.es.
d. Access to arterial streets. Discuss whether any of the individual lots or tracts have access directly to
arterial streets or roads, and if so, the reason access was not provided by means of a street within the
subdivision and how the access complies with 38.400.090.
e. Modifica.on of exis.ng streets, roads or alleys. Explain any proposed closure or modifica.on of exis.ng
streets, roads or alleys.
f. Pollu.on and erosion. Explain how street, road and alley maintenance will be provided to meet the
department of environmental quality guidelines for preven.on of water pollu.on and erosion and who is
proposed to provide the required maintenance.
g. Transporta.on Capacity. Demonstrate that adequate transporta.on capacity exists or will be provided
to serve the proposed development consistent with the city's adopted design standards and long-range
plans. A Transporta.on Impact Study (TIS), if required, shall be provided in accordance with the City of
Bozeman Design and Construc.on Standards.
The “Design Report - Stoneridge Minor #1 - Water, Sewer & Streets”, prepared by Morrison-Maierle,
Inc. in December 1997, outlines a comprehensive stormwater management strategy in compliance
with city's adopted design standards, ar,cle 34.4, the long range transporta,on plan, and other
relevant standards for the exis,ng condos. This has been uploaded into the ProjectDox portal for city
staff’s review as the applicant is reques,ng to waive this requirement as the intent of the project is
solely to remove Units 1039 and 1043 from the Cabin Creek Condominium Associa,on and to
subdivide or otherwise legally separate them into two individual lots. The exis,ng design report for
Stoneridge Minor Subdivision #1 will remain unchanged because the current proposal does not
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 7 of 11
involve any physical expansion, modifica,on, or improvement to the exis,ng roadways or onsite
infrastructure.
Access is provided via internal subdivision streets, consistent with the original design con,nuing safe
and orderly traffic flow and aligns with city standards for subdivision access management. The
current proposal does not introduce any new access points or modifica,ons to exis,ng access routes.
Any exis,ng pedestrian access or connec,vity remains unchanged and con,nues to func,on within
the broader subdivision layout.
Dust control measures are implied through the use of paved surfaces, and erosion and pollu,on
preven,on will be managed through proper street maintenance aligned with Department of
Environmental Quality guidelines. Maintenance responsibili,es are expected to be maintained
through the exis,ng Declara,on and Bylaws for Cabin Creek Condominium (Inst. #2787226).
However, due to the proposed modifica,on of lots and proposed boundaries the landowner has
provided a Reciprocal Parking Easement and Shared Maintenance Agreement between Cabin Creek
Condo and Unit 1039 which establishes reciprocal easements between the owners of Cabin Creek
Condo Units 1039, 1043A, and 1043B for shared parking, ingress/egress, and maintenance of
common areas including a trash removal zone and public trail. It outlines responsibili,es for upkeep,
cost sharing propor,ons, insurance requirements, and terms to ensure coordinated use and
maintenance of the shared spaces.
The traffic study, incorporated by reference from the broader Stoneridge P.U.D. Subdivision, includes
trip genera,on, distribu,on, and capacity analysis using the Ins,tute of Transporta,on Engineers
Trip Genera,on Manual. The applicant believes this study should s,ll sa,sfy engineering
requirements as no traffic increase or addi,onal parking is proposed that would alter the sites
contribu,on to addi,onal traffic on the surrounding road network.
12. Non-municipal u.li.es. The developer must submit a copy of the subdivision plat to all relevant u.lity
companies. With the preliminary plat, the developer must provide wriFen documenta.on of the
following:
a. Affected u.li.es. Indicate which affected u.li.es the subdivision plat has been submiFed to for
review, and include a copy of responses.
b. The developer must provide a wriFen statement from the u.lity companies that the proposed
subdivision can be provided with service.
c. Non-municipal u.lity loca.ons shall be coordinated with loca.ons of municipal u.li.es.
The proposed development does not include any changes to exis,ng infrastructure, including
nonmunicipal u,li,es. The intent of the project is solely to remove Units 1039 and 1043 from the
Cabin Creek Condominium Associa,on and to subdivide them into two separate lots, therefore, the
applicant is reques,ng a wavier to this criterion.
The Preliminary Plat provides exis,ng U,lity Easements (10' and 15') along property boundaries,
indica,ng that u,lity corridors have already been established and coordinated.
13. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residen.al area, mul.ple-household. Types of structures and numbers of each (e.g., two-
or four-unit dwelling structures);
(2) Condominium (number of units);
(3) Recrea.onal vehicle park;
(4) Commercial or industrial; and
(5) Other (please describe).
The intent of the project is solely to remove Units 1039 and 1043 from the Cabin Creek Condominium
Associa,on and to subdivide them into two separate lots.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 8 of 11
An amendment to the exis,ng Declara,on and Bylaws for Cabin Creek Condominium (Inst. #2787226)
will be accomplished by an a"orney prior to final plat and recording of this proposed 2-lot minor
subdivision. The exis,ng uses are not proposed to be altered, will con,nue to align with the underlying
zoning district, R-O Residen,al Office District and will con,nue to comply with the supplemental criteria
in Sect. 38.360.100.
14. Parks and recrea.on facili.es. The following informa.on must be provided for all land used to meet
parkland dedica.on requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the en.re property; showing
proposed developer installed improvements on the ini.al park plan and proposed future
improvements on the future park plan, and phasing proposed if any, exact product
specifica.ons are not required;
(2) Drainage areas;
(3) U.li.es within, serving, and adjacent to the property;
(4) Exis.ng or proposed u.lity easements within the property;
(5) The loca.on of any cri.cal lands (wetlands, riparian areas, streams, etc.) and loca.on of
watercourse setbacks and any permits from non-city agencies required to execute the
proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape professional in
accordance with sec.on 38.220.100 unless the parks department has adopted an alternate
plan standard, showing the loca.on and specific types and species of plants, shrubs, trees
as well as grass seed mixes;
(7) General descrip.on of land, including size, terrain, details of loca.on and history, water
features, and proposed ac.vi.es;
(8) Trail design and construc.on showing compliance with adopted city standards and trail
classifica.ons;
(9) Appropriate sec.ons from the design guidelines for city parks;
(10) Cost es.mate, installa.on phasing and responsibility, and maintenance plan tasks and
responsibility for custom features or atypical designs;
(11) If playground equipment will be provided with ini.al installa.on by the subdivider,
informa.on including the manufacturer, installa.on data and specifica.ons, installer, type
of fall zone surfacing and age group intended for use; otherwise a general iden.fica.on of
proposed func.on;
(12) Soils informa.on and analysis;
(13) A descrip.on of how the proposed park plan is consistent with the goals of the city's
current long range plan for parks;
(14) A descrip.on of how the proposed park will meet the recrea.onal needs of the residents of
the development;
(15) A phase I environmental assessment of the area proposed to be transferred to the city or
property owner's associa.on.
b. Irriga.on informa.on.
(1) Irriga.on system design compliant with requirements outlined in the most recent version
of the City of Bozeman Landscape and Irriga.on Performance and Design Standards
Manual; and
(2) If an exis.ng well will be used for irriga.on, a cer.fied well log must be submiFed showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
c. Phasing. If improvements will be phased, a phasing plan must be provided including proposed
financing methods and responsibili.es.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 9 of 11
d. Cash-in-lieu and improvements-in-lieu. If the development includes a proposal for cash-in-lieu or
improvements-in-lieu of park a specific jus.fica.on responding to the review factors established
by resolu.on of the city commission. If improvements-in-lieu are proposed specific costs of
proposed improvements and costs to install must be provided.
The applicant is reques,ng a waiver to this requirement per MCA 76-3-621 as the subdivision is both
en,rely non-residen,al (e.g. commercial condos) and is a two lot minor subdivision. There are no
residen,al building types or uses proposed.
15. Neighborhood center plan. A neighborhood center plan must be prepared and submiFed for all
subdivisions containing a neighborhood center per 38.410.020.A.
Not Applicable, the property is outside of a neighborhood center.
16. Ligh.ng plan. The following ligh.ng informa.on must be submiFed for all development where ligh.ng
is proposed other than within the street right-of-way:
a. Proposed fixture loca.ons, types, source of power, and demonstra.on of compliance with city
ligh.ng standards.
b. When requested by the city, the applicant must also submit a visual-impact plan that
demonstrates appropriate steps have been taken to mi.gate on-site and off-site glare and to
retain the city's character.
c. Post-approval altera.ons to ligh.ng plans or intended subs.tu.ons for approved ligh.ng must
only be made aNer city review and approval.
The applicant is reques,ng a waiver to these standards given the proposal does not propose new
construc,on or site improvements beyond the subdivision of exis,ng units, and no ligh,ng
installa,ons are proposed. The intent of the project is solely to remove Units 1039 and 1043 from the
Cabin Creek Condominium Associa,on and to subdivide them into two separate lots, therefore, the
applicant is reques,ng a wavier to this criterion.
17. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands. Where public
lands are adjacent to or within 200 feet of the proposed development, describe present and
an.cipated uses for those lands (e.g., open space, recrea.on, etc.), and how public access will be
preserved/enhanced.
b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining ac.vity
or poten.al subsidence, high pressure gas lines, dilapidated structures or high voltage power
lines. Any such condi.ons must be accurately described and their origin and loca.on iden.fied.
List any provisions that will be made to mi.gate these hazards. Also describe any on-site or offsite
land uses crea.ng a nuisance.
c. Wildlands-urban interface. Describe the subdivision's loca.on within or proximity to the
wildlands-urban interface (WUI) and ember zone designated by the most recent city-adopted
hazard mi.ga.on plan. Describe any hazard from the subdivision's proximity to the WUI. List any
provisions that will be used to mi.gate these hazards and reduce structure ignitability.
The proposed subdivision does not affect access to any public lands. There are no public lands
adjacent to or within 200 feet of the project site, and no changes are proposed that would alter
exis,ng access or use pa"erns.
The site does not include nor is it within the vicinity of mining ac,vity, subsidence risks, high-pressure
gas lines, dilapidated structures, or high-voltage power lines. Addi,onally, there are no known
nuisance land uses either on-site or in the immediate vicinity.
Finally, the subdivision is not located within or adjacent to the wildlands-urban interface (WUI) or
ember zones as defined by the city’s hazard mi,ga,on plan. The site is fully developed and urbanized.
Waivers for these miscellaneous requirements are being requested.
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 10 of 11
18. Affordable housing. Describe how the subdivision will integrate with division 38.340. The descrip.on
must be of adequate detail to clearly iden.fy those lots complying with division 38.340 requirements
and to make the obliga.ons placed on the affected lots readily understandable.
a. On all lots intended to comply with division 38.340, the building envelope must be depicted. Not
applicable, the project does not propose or include any affordable housing components.
19. SubmiFal Requirements for Water rights.
a. Describe how the proposed subdivision intends to sa.sfy 38.410.110.
b. Provide documenta.on of all water rights appurtenant to or in use upon associated with the property
with the proposed subdivision. Documenta.on must include:
(1) A descrip.on of the research methods used to iden.fy the water rights appurtenant to or in
use upon associated with the property. The applicant must provide a wriFen cer.fica.on if no
water rights are appurtenant to or associated with the property.
(2) Current Official water rights abstracts and share or stock cer.ficates.
(3) All adopted Master’s Reports or closing orders issued by the Montana Water Court.
(4) Title informa.on establishing water right ownership. For water rights in divided split
ownership describe the percent ownership interest aFributable to the property.
(5) Maps showing the water rights points of diversion and the means of conveyance for the
delivery of water to the subject property.
(6) Evidence clearly establishing and quan.fying all beneficial use of water appurtenant to or
associated with the property the water rights within the prior 5 year period.
(7) Any addi.onal informa.on that is reasonably e and necessary and is requested by for the City
to determine if the water rights are useful for City purposes pursuant to Sec.on 38.410.110.D.1.
c. DNRC approval for any proposed appropria.on or proposed use of water subject to MCA 85- 2-306
or MCA 85-2-402 for which DNRC approval is required prior to beneficial use.
d. Indicate whether any of the items in 38.410.110.B are applicable.
e. Describe any water efficiency and conserva.on offsets that will be implemented.
f. Iden.fy the lots for which a payment of cash in lieu of water rights will occur and the lots for which a
deferral will be sought.
Not applicable, there is no construc,on, altera,on or expansion proposed for this minor subdivision. The
exis,ng water rights or use associated with the property will go unchanged. A waiver for this criterion has
been requested.
Cita,ons:
Montana Department of Natural Resources and Conserva.on. (n.d.). Water Administra.on Basin Map.
Montana DNRC Water Resources Division.
hFps://dnrc.mt.gov/Water-Resources/Water-Rights/Understanding-Water-Rights/Administra.ve-Basin-Map
Enclosures:
Wetlands Exhibit
FIRMee Map
Potenometric Surface Elevaon Map
Sincerely,
IMEG
Prepared by:
IMEG CORP 1817 South Ave W. Suite A
(406) 721-0142 Missoula, MT 59802
Preliminary Plat Supplements IMEG #24004976.00
Documenta.on of compliance with adopted standards. 11 of 11
IMEG | Land Use Planner
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38.220.060. - Documentaon of compliance with adopt ed standards.docx