HomeMy WebLinkAboutSpring Creek Village Resort Minor Subdivision Preliminary Plat for Amended lot 41
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director, Planning and Community Development
SUBJECT: Spring Creek Village Resort Amended Lot 4 Minor Subdivision
Preliminary Plat Application #P-12002
MEETING DATE: May 7, 2012
AGENDA MEETING ITEM: Action Item
RECOMMENDATION: That the City Commission approves Minor Subdivision Preliminary Plat
Application #P-12002 with the conditions of approval and code provisions as recommended by the
Planning Director in the staff report.
RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having reviewed
the application materials, considered public comment, and considered all the information provided, I
hereby adopt the findings presented in the staff report for #P-12002 and move to approve the
preliminary plat application for the Amended Plat for Lot 4, Minor Subdivision 295 as requested in
Planning Application #P-12002 authorizing placement of a plat note, subject to the conditions and code
requirements listed in the staff report.”
BACKGROUND: The property owner/applicant, Spring Creek Village, LLC, represented by C&H
Engineering has submitted a Minor Subdivision Preliminary Plat application to add a note to the face of
the plat for Lot 4 to add a requirement regarding the process for future development review. The subject
property is annexed with a zoning designation of BP, Business Park, and is located northwest of the
intersection of Huffine Lane and Resort Drive. A zone map amendment to B-2 is pending. The property
is 19.9621 acres in size.
Pursuant to Section 38.03.040.A.4, BMC the Planning Director shall review all minor subdivisions (in-
lieu of the Planning Board), provide findings in a staff report and make a written recommendation for
consideration by the City Commission. No variances to the Uniform Development Code (UDC) have
been requested with this preliminary plat application and no specific variances have been identified
during the review of the preliminary plat application. The site is presently vacant.
The DRC provided a recommendation of conditional approval on April 4, 2012 with one condition. The
Planning Director reviewed the minor subdivision application, together with the supplementary plans
and information, and recommends to the conditional approval with the conditions and code requirements
Commission Memorandum
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listed in the staff report. Staff’s full analysis of the review criteria for this minor subdivision is included
in the attached staff report.
The applicant proposed the following language to be added:
“Notice is hereby given to all prospective purchases that with respect to Lot 4, the initial building permit
for Lot 4 may not be issued until approval by the City of Bozeman of a Planned unit Development
(“PUD”) or a Master Site Plan for Lot 4, which approval(s) shall not be unreasonably withheld by the
City of Bozeman.”
The City Attorney has drafted alternate language for inclusion on the plat. It reads as follows:
LOT 4 RESTRICTION NOTE
NOTICE IS HEREBY GIVEN to all potential purchasers of the Amended Plat of Lot 4 of Minor
Subdivision No. 295, City of Bozeman, Gallatin County, Montana, that the final plat of Minor
Subdivision No. 295, recorded at the XXXXXXX in the records of the Gallatin County,
Montana, Clerk and Recorder, was approved by the Bozeman City Commission without
completion of on and off-site improvements required under the Bozeman Municipal Code, as is
allowed in Chapter 38 of the Bozeman Municipal Code, and also that development on Lot 4 was
subject to certain restrictions as indicated on said final plat No. 295 at Note 1.
The owner of Lot 4 desires to ensure additional development restrictions are placed on Lot 4 to
protect the public health, safety, and general welfare and hereby agrees and consents to the
following restrictions to be enforceable in law or equity by the City of Bozeman against it, its
successors in interest and any subsequent purchaser:
Development of Lot 4 and the issuance of building permits for Lot 4 may occur only after
approval by the City of Bozeman of a Planned Unit Development or a Master Site Plan pursuant
to Chapter 38 of the Bozeman Municipal Code and installation of and acceptance by the City of
Bozeman of all on and off-site improvements as required by Minor Subdivision No. 295, this
final plat No. XXX, and an approved Planned Unit Development or Master Site Plan. All
development of Lot 4 must be in compliance with said Planned Unit Development or Master Site
Plan.
The above restrictions shall run with the land and are revocable only upon recording of a
document signed by the City of Bozeman indicating compliance with the above restrictions or
waiving one or more of the above restrictions.
UNRESOLVED ISSUES: Which of the two alternatives for language does the City Commission wish
to approve:
1) Original language proposed by applicant on page 7 (draft plat), note 1 and as shown above
2) Alternate language recommended by City Attorney as shown above.
ALTERNATIVES:
1) Approval of the Preliminary Plat Application as submitted with no conditions.
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2) Approval of the Preliminary Plat Application with conditions of approval as recommended by
the Planning Director and with language as suggested by the City Attorney.
3) Denial of the application.
4) As determined by the Commission.
FISCAL EFFECTS: The standard application fee was received for the Minor Subdivision Preliminary
Plat application and was added to the Department of Planning’s application fee revenue.
Attachments: Planning Staff’s Report and Director’s findings
Applicant’s Preliminary Plat application materials
Report compiled on April 30, 2012
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Jami Morris LLC
Land Use Planning Consultant
2440 Etta Place
Bozeman, Montana 59718
406.570.6209
planningbozeman@yahoo.com
March 19, 2012
City of Bozeman Planning Office
P.O. Box 1230
Bozeman, MT 59771
RE: Lot 4, Spring Creek Village Resort Subdivision Amendment
Dear Chris:
In response to our meeting on March 7th we are submitting a Subdivision Amendment for Lot
4, Spring Creek Village Resort to add the following language to the plat: “Notice is hereby
given to all prospective purchasers, that with respect to Lot 4, the initial building permit for
Lot 4 may not be issued until approval by the City of Bozeman of a Planned Unit
Development (“PUD”) or a Master Site Plan for Lot 4, which approval(s) shall not be
unreasonably withheld by the City of Bozeman.”
As discussed, the sole purpose of this application is to add a requirement for the City’s
review of a development plan either utilizing the PUD or Master Site Plan process. The
noxious weed plan, street profiles and subdivision preliminary plat supplemental review
criteria responses on file with your office remain unchanged from the original subdivision
application. Our application includes the following:
1. Check in the amount of $1,285 ($500 base fee + $50/lot + $485 adjoiners + $100
overlay + $150 advertising)
2. 20 copies of the Subdivision Preliminary Plat application including 1 signed original
copy
3. Adjoiners list, labels and stamped envelopes
4. Platting certificate
5. 2 CD copies
Please do not hesitate to contact me if you have any questions regarding this submittal. We
look forward to working with you on this project.
Respectfully,
Jami Morris
Land Use Planning Consultant
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
SpringCreekVillageResortMinorSubdivisionAmendment
SpringCreek Village, LLC delaneynco@earthlink.net
101 East Main Street, Suite D, Bozeman, MT 59715
(406)586-3132 (406)586-8692
Delaney & Co., Inc delaneynco@earthlink.net
101 East Main Street, Suite D, Bozeman, MT 59715
(406)586-3132 (406)586-8692
C&H Engineering and Surveying, Inc.info@chengineers.com
1091 Stoneridge Drive, Bozeman, MT 59718
(406)587-1115 (406)587-9768
Lot 4, Minor Subdiv. No. 295, The Spring Creek Village Resort, Sec. 10, T.2S, R5E, P.M.M.
West of Resort Drive, north of Huffine Lane and south of Fallon Street
AmendmenttoaMinorSubdivisionforLot4,TheSpringCreekVillageResorttoaddplatnote:“Noticeisherebygivento
allprospectivepurchasers,thatwithrespecttoLot4,theinitialbuildingpermitforLot4maynotbeissueduntilapprovalbytheCityofBozemanofa
PlannedUnitDevelopment(“PUD”)oraMasterSitePlanforLot4,whichapproval(s)shallnotbeunreasonablywithheldbytheCityofBozeman.”
B-P Vacant
Community Commercial Mixed Use
19.9621 869,548 19.9621 869,548
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(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDO section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property
owner(s) (if different) before the submittal will be accepted.
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 representatives access to the subject site during the course of the review process
(Section 18.64.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature:Date:
Applicant’s Signature:Date:
Property Owner’s Signature:Date:
Property Owner’s Signature:Date:
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SUBDIVISION PRELIMINARY PLAT CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A.Subdivision Type. First Minor Subdivision from a Tract of Record
First Minor Subdivision from a Tract of Record with a Variance
Second or Subsequent Minor Subdivision from a Tract of Record
Major Subdivision
B. Total Number of Lots.
C. Proposed Uses. Indicate the number of lots (or spaces subdivisions for rent or lease, or units for condominiums) for
each of the following uses:
Residential, single household Park/Recreation/Open Space
Residential, multi household Manufactured Home Space
Planned Unit Development Recreational Vehicle Space
Condominium Unit Commercial
Townhouse Industrial
Other:
D.Preliminary Plat Requirements. The preliminary plat submittal must include the following information. Please refer to
Section 38.41.040, BMC for the specific requirements for each item.
Preliminary Plat Requirements YesNoN/A
1.All information required with the pre-application plan, as outlined in Section 38.41.030
(Subdivision Preapplication Plan), BMC
2.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 family
3.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 highways
4.The names of adjoining platted subdivisions and numbers of adjoining certificates of survey
5.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 shall be
given
6.The approximate location of all section corners or legal subdivision corners of sections pertinent to
the subdivision boundary
7.If the improvements required are to be completed in phases after the final plat is filed, the approxi-
mate area of each phase shall be shown on the plat
8.Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between
10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater
9.List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision
Preliminary Plat Supplements), BMC during the preapplication process
10.Request for exemption from Montana Department of Environmental Quality Review as described
in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC
11.All appropriate certificates (refer to Chapter 38.6, BMC)
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(Subdivision Preliminary Plat Checklist – Prepared 11/26/03; revised 9/20/04; revised 5/2/05; revised 7/24/07, revised 11/14/11)
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E.Preliminary Plat Supplements Required for All Subdivisions. The supplemental information shall include the following.
Please refer to Section 38.41.050, BMC for the specific requirements for each item.
Preliminary Plat Supplements Required for All Subdivisions YesNoN/A
1.A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads
2.Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch
sheet
3.A written statement describing any requested subdivision variance(s) and the facts of hardship
upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal
Procedures), BMC
4.Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association
5.Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of way or driveways intersect State, County, or City highways, streets or roads
6.A letter of approval or preliminary approval from the City of Bozeman where a zoning change is
necessary
7.A draft of such other appropriate certificates
8.Provision for maintenance of all streets (including emergency access), parks, and other required
improvements if not dedicated to the public, or if private
9.Profile sheets for street grades greater than 5 percent
10.If an authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided
12.A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for
control of noxious weeds
13.A preliminary platting certificate prepared by a Montana title company
F.Additional Subdivision Preliminary Plat Supplements. The following list of preliminary plat application supplements
shall also be provided for all subdivisions unless waived by the Development Review Committee during the pre-
application process. The developer shall include documentation of any waivers granted by the City after the pre-
application meeting or plan review. Please refer to Section 18.78.060, BMC for the specific requirements for each item.
Additional Subdivision Preliminary Plat Supplements YesNoN/AWaived
1.Surface water
2.Floodplains
3.Groundwater
4.Geology, soils and slope
5.Vegetation
6.Wildlife
7.Historical features
8. Agriculture
9.Agriculture water user facilities
10.Water and sewer
11.Stormwater management
12. Streets, roads and alleys
13.Utilities
14.Educational facilities
15.Land use
16.Parks and recreation facilities
17.Neighborhood center plan
18.Lighting plan
19.Affordable Housing
20.Miscellaneous
21.Stormwater Management Permit Application required
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G. By marking the checkbox below, the developer agrees to allow the Department of Planning & Community
Development to send copies of correspondence to all parties listed on Page 1 of the Development Review Application
(Property Owner, Applicant and Representative). If the checkbox is not marked, correspondence will be sent to the
APPLICANT ONLY!
By marking this checkbox I agree to allow the Department of Planning & Community Development to send
copies of correspondence to all parties listed on Page 1 of the Development Review Application.
Applicant’s Signature:Date:
Applicant’s Signature:Date:
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NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
JamiMorris
March14,2012
SpringCreekVillageResortMinorSubdivisionAmendment
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