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Home My WebLink AboutA 2 Legends at Bridger CreekP14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE III MAJOR SUBDIVISION Page 1 of 27 P14022, Staff Report for the Legends at Bridger Creek II - Phase III Major Subdivision NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED. Public Hearing Dates: City Commission meeting is on July 7, 2014 Project Description: A preliminary plat for a major subdivision to allow the subdivision of 24.69 acres into 51 single-household lots, related streets, an alley, open space and the re- platting of two lots from Phase 2 of the Legends at Bridger Creek II Subdivision. Project Location: The subject property is generally located between Midfield Street and Creekwood Drive, south of Bridger Creek. The property is legally described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14022 and move to approve the Legends at Bridger Creek II, Phase III Major Subdivision with conditions and subject to all applicable code provisions. Report Date: Wednesday, July 16, 2014 Staff Contact: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2nd floor, Missoula, MT 59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771, submitted an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This application will subdivide the remaining 24.69 acres of this project into 51 single-household lots and related streets and open space. This phase will complete the connection of Boylan Road with Phase 2 to the west and the Creekwood Subdivision to the east. This project will also designate the remaining open space and trail areas south of Bridger Creek as publicly available open space 223 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 2 of 27 which will be maintained by the Legends at Bridger Creek II Property Owner’s Association. Parkland requirements for this project were previously met with a parkland dedication in Phase 1. One written comment was received prior to the Planning Board meeting and is attached to this report. 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. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. June 17, 2014 Planning Board Meeting Supplement The Planning Board held a public hearing on this preliminary plat on June 17, 2014. Three members of the public provided oral testimony on the matter of the preliminary plat application expressing concern about the subdivision design in relation to the open space and circulation concerns of the alley or partial road on the southern edge of the property. The following discussion is a brief synopsis of the Board’s discussion: § The Planning Board considered the general layout of the proposed subdivision and the layout submitted as part of the original PUD in 2006. The physical access to open space and parks was of particular concern to the Board. The proposed lot layout on the north side of Boylan Road creates a physical and visual barrier to the Bridger Creek corridor. The Board recommended Open Space No. 1 be realigned with the public road just to the east between Lot 115 and 116. Please refer to the two images below showing historical concepts of the Legends II Subdivision. § The Board discussed the design of the alley on the southern property line connecting Northview Street and Creekwood Drive. The primary reasoning for the alley design established in the previous approvals was to equally share the width of a future local road dedication requirement between Legends II and future development of Mount Baldy and Ed Vogel Subdivisions. The southern half can be provided at such time as the adjacent owners wish to develop the northern portion of their land. The City Engineering Department has reviewed and approved the alley design. The alley is 1,406.7 feet long. 224 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 3 of 27 Figure 1: Legends II Conceptual Site Plan – March, 2006. Figure 2: Legends II Preliminary Plan – 2006. 225 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 4 of 27 Figure 3: Current Legends II, Phase Proposal. In conclusion, the Planning Board moved and seconded a motion to recommend that the City Commission approve the Legends II, Phase III subdivision. The Board amended the main motion to request the subdivider move the location of Open Space No. 1 to the location described above. The Amendment was unanimously approved (6:0). The Board voted (2:4) to recommend the amended main motion. The motion failed. 226 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 5 of 27 Table of Contents EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 14 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17 Preliminary Plat Supplements ........................................................................................... 19 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 25 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 26 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 26 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 27 FISCAL EFFECTS ....................................................................................................................... 27 ATTACHMENTS ......................................................................................................................... 27 227 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 6 of 27 SECTION 1 - MAP SERIES Vicinity Map showing adjacent zoning Surrounding Zoning and Land Uses: North: Unannexed County Land (Across Bridger Creek); Vacant/Agricultural South: Unannexed County Land; Single Household Dwellings East: Zoned R-S (Residential Suburban District): Creekwood Subdivision/Single Household Dwellings West: Zoned R-1 (Residential Single Household Low Density District): Legends at Bridger Creek II – Phase 2; Single Household Dwellings/Lots 228 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE III MAJOR SUBDIVISION Page 7 of 27 229 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 8 of 27 230 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 9 of 27 Figure 4: Legends II, Phase III Plat 231 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 10 of 27 232 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE III MAJOR SUBDIVISION Page 11 of 27 SECTION 2 – REQUESTED VARIANCES No variances have been requested as part of this subdivision. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: Community Development 1. The Final 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 and 24.183.1104 ARM) and shall 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 shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The final plat shall include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed 233 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 12 of 27 and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE BRIDGE & LAWN.) The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number____________________. (To be filled in when recorded) By: _________ , Subdivider Date: ________________ 5. The subdivider shall provide the necessary declaration and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions include this property as being part of the existing Legends at Bridger Creek II property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 6. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase III.” 7. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 234 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 13 of 27 8. The applicant shall provide a minimum of 1.53 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 51 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase I including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 10. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 11. The definition for “parks” in the property owner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision. 12. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 13. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 14. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. 15. The Title/Certificate sheet shall be amended to remove the “Lot R” label or designation that overlaps the “O.S. 2” (Common Open Space) parcel south of Bridger Creek. 235 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 14 of 27 Engineering 16. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 17. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards. 18. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 19. The developer shall make arrangements with the City Engineering Department to provide addresses for all individual lots in the subdivision prior to the filing of the final plat. 20. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. Any proposed public street lighting shall be LED. 21. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 22. The proposed water main within the right of way of the extension of Boylan Road shall connect to the existing stub at the western terminus of the Creekwood Subdivision to complete the necessary loop of the water network. 23. The surrounding flood plain of Bridger Creek shall be ground-truthed and shown on the final plat to verify no proposed lots will be located within the flood plain. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. None have been identified SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Legends at Bridger Creek II – Phase 3 Major Subdivision Preliminary Plat File: P14022 Development Review Committee The Development Review Committee (DRC) reviewed the Preliminary Plat application on April 23, 30 and May 7, 2014; and as a result, finds that the application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. On May 7, 2014 the DRC recommended conditional approval of the preliminary plat application. 236 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 15 of 27 Parks and Recreation Advisory Board The Recreation and Parks Advisory Board (RPAB) reviewed the proposed subdivision on May 9, 2014. The RPAB recommended the City Commission approve the proposed subdivision as proposed. The RPAB comments are attached to this report. Planning Board The Planning Board held its public hearing on June 17, 2014. Three members of the public provide oral testimony. The Planning Board voted (amended motion) not to recommend the preliminary plat for approval with the conditions and code provisions as noted in this staff report. City Commission The City Commission public hearing is scheduled for July 7, 2014 to consider the preliminary plat. SECTION 6 - STAFF ANALYSIS AND FINDINGS The following analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, 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 has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition #1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. 237 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 16 of 27 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. A preliminary plat application was submitted on April 7, 2014 and was deemed acceptable for initial review on April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30 and May 7, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on April 30, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4, 2014. The site was posted with a public notice on May 2, 2014. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 2, 2014. No comments have been received as of the production date of this report. On June 26, 2014 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission. The Planning Board held a public hearing to consider and make recommendation to the City Commission on June 17, 2014 and the City Commission is scheduled to make a final decision at their July 7, 2014 public hearing. The final decision for a Major Subdivision Preliminary Plat with 50 or more lots must be made within 60 80 working days of the date it was deemed adequate; or in this case by July 25 August 22, 2014. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 238 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 17 of 27 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 All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has remained fallow for several years awaiting development. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop (previous phases). Therefore, the proposed subdivision will have no impacts on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer service will connect to City systems and be installed in the adjacent street right-of-ways. Each lot will connect to the constructed water and sewer mains designed to the appropriate design standard and shall be located in the standard location as approved by the Water/Sewer Superintendent. Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. In 2013, the City Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That variance approval continues to apply to this subdivision. Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. 239 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 18 of 27 Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval. Parklands – 1.53 acres of dedicated parkland or equivalent is required with this major subdivision. This amount is calculated based on 51 single household lots at 0.03 acres per dwelling of dedicated parkland. The applicant has proposed to utilize the available parkland credits associated with the dedicated parkland granted with Phase 1 of this subdivision known as the “5 acre park” north of Boylan Road to the immediate east of this property. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed the proposal on May 9, 2014 and have recommended it for approval. As included in the attached review memorandum, the Committee indicated that they “endorse this proposal, we think the trail development as shown will create an excellent amenity and the dedication requirements have been met to our satisfaction”. Recommended conditions of approval have been included to address the final parkland and open space dedication, labeling and maintenance provisions as part of the final plat process. 4) The effect on the Natural environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. The proposed open space area north of Boylan Road will further protect the riparian area along Bridger Creek. 5) The effect on Wildlife and wildlife habitat The subject property is designated as a residential area according to the City of Bozeman Community Plan and no known endangered species or critical game ranges have been identified on the subject property. The area is zoned for residential development has been transitioning to residential uses. The proposed open space area north of Boylan Road will further protect the riparian area and associated wildlife habitat along Bridger Creek. 6) The effect on 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 subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. 240 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 19 of 27 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on February 26, 2014. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to original preliminary plat application in 2005. A digital copy of the supplemental information and Environmental Assessment study provided in 2005 is included in the applicant’s preliminary plat application. The Community Development Department offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Bridger Creek borders the subdivision on the north side. This watercourse has associated wetlands and floodplain and is proposed to remain in its natural state and be protected with an open space designation as part of this plat and associated wetlands and floodplain setbacks. This open space corridor contains existing trails that link the Legends Subdivision park area to the west and the Creekwood Subdivision parks and open space areas to the east. Any activity within the identified watercourse, wetlands area and/or floodplain areas will require applicable Section 310 and 404 permits and/or floodplain development permits. 38.41.060.A.2 Floodplains The Federal Emergency Management Agency (FEMA) maps for this area were ground truthed with the 2005 Legends at Bridger Creek II preliminary plat application to ensure that no improvements for the project will be constructed in the 100-year flood hazard area. The project engineer updated that information with this preliminary plat application in light of the new FEMA maps adopted September 2, 2011. The engineer found that the ground truthed flood hazard boundary established in 2005 generally agrees with the updated map. No work is proposed within the 100 year flood plain. The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. 38.41.060.A.3 Groundwater Groundwater in the area of this preliminary plat application was discussed in the applicant’s narrative and based on the information previously provided for the preliminary plat application of Legends at Bridger Creek II Subdivision in 2005. In 2005, the static ground water levels were monitored as being within 5 feet of ground surface. Groundwater depths in the area of Legends II vary depending on proximity to Bridger Creek and the associated wetlands and floodplain. The applicant’s supplemental information notes that data recorded (2004) from the 11 monitoring wells shows the majority of the southern portion of the property to have ground water depths below the level of the monitoring well, while the northern portion of the property would have a minimum depth to groundwater of 1 to 10 feet from April to July. There is a note on the final plat that there is the potential for seasonal high ground water tables within the area of the 241 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 20 of 27 subdivision and that due to high ground water conditions, that full or partial basements are not recommended. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems. 38.41.060.A.4 Geology, Soils and Slopes There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade are evident. The principle soil types identified by the Department of Natural Resources Conservation Service in the area of the subdivision proposed for development involve two general soil types; Sudworth-Nesda Loams (407A) – which has flooding limitations, and Bandy-Riverwash-Bonebasin Complex (606A) – which has flooding limitations and hydric components. 38.41.060.A.5 Vegetation No mature vegetation or critical vegetation species are found on the site the areas proposed for development. There is mature vegetation located along Bridger Creek which is proposed to remain in its natural state and will be protected by the designated open space. To control the spread of noxious weeds a Memorandum of Understanding with the County Weed District will be required to be submitted with the final plat. The applicant has submitted an updated weed management plan for the site that was approved by the County Weed Board. 38.41.060.A.6 Wildlife Due to the historical use of the property as agricultural lands, filing of the final plat for Legends at Bridger Creek II, Phase 1 in 2007, and the construction of residential dwellings in proximity to the site, no critical wildlife species have been identified in the immediate area. The 75-foot watercourse setback along the existing Bridger Creek watercourse, wetlands and floodplain will protect the riparian environment already established on the property. The Environmental Assessment wildlife study in 2005 noted that the property in its present condition would only be expected to be marginally used by wildlife. 38.41.060.A.7 Historical Features The Environmental Assessment cultural resources study in 2005 noted that a field reconnaissance and file search was completed by a cultural resources consultant and found that no known cultural resources historical structures existed on the site. 38.41.060.A.8 Agriculture Historically, the subject property had been used for agricultural purposes as part of a larger farmstead until such time that the existing residential subdivisions to the east and west were established. There have been no agricultural operations on the subject property for several years. 242 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 21 of 27 Installation of streets, infrastructure and utilities, construction of residential development adjacent to the parcel and the limited size of the site eliminates the ability to consider it a viable farming unit. 38.41.060.A.9 Agricultural Water User Facilities The applicant’s supplemental information provided with the 2005 Environment Assessment provides information and evidence that the historic agricultural water user facility on the property have been abandoned, and there are no parties with any easement rights associated with this abandoned ditch. 38.41.060.A.10 Water and Sewer Municipal sanitary sewer and water mains exist in the adjacent Boylan Road, Midfield Street, and along the southern boundary of the plat (within the proposed alley as part of this plat). Sewer and water mains are proposed to be extended from these existing right-of-ways/systems to serve all lots. Adequate capacity exists to service the subdivision. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality. 38.41.060.A.11 Stormwater Management The stormwater management plan for Legends at Bridger Creek Subdivision II was approved with the filing of the final plat for Phase 1 in September 2007 that included storm water runoff from the development of this preliminary plat application and is accounted for in the management plan. Stormwater runoff will be conveyed to a series of detention/retention ponds located throughout the existing subdivision that will treat sediment and oils from the storm water before discharging into the watercourses in the area or allowed to infiltrate in the ground. 38.41.060.A.12 Streets, Roads and Alleys Access to the subdivision is provided by two existing streets, Boylan Road, on both the east and west ends, Midfield Street along the east boundary and a 30 foot alley at both the east and west ends of the plat. The proposed streets and alley provide a final connection of the streets and alley between the Legends II Subdivision and the Creekwood Subdivision. In 2013, the City Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That variance approval continues to apply to this subdivision application. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements as required by Section 38.23.050, BMC. 243 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 22 of 27 38.41.060.A.14 Educational Facilities The applicant solicited comments from the Bozeman School District and received a letter dated March 7, 2014 confirming that the school district has capacity to serve the subdivision. The subdivision is in the Hawthorne Elementary School, Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated that the existing bus system can accommodate the estimated number of additional students. 38.41.060.A.15 Land Use This subdivision preliminary plat application proposes residential uses with 51 single-household residential lots that range from 6,000 square feet to 12,544 square feet in size. Under the current R-1 (Residential Single-Household Low Density District) zoning designation, the land use types are listed as principal permitted uses in Chapter 38 of the Unified Development Code (UDC). The proposed subdivision establishes a density of 5.2 dwellings per net acre. 38.41.060.A.16 Parks and Recreation Facilities The parkland dedication requirements for this subdivision were satisfied with the public parklands dedicated with the filing of the final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be 1.53 acres. The Legends at Bridger Creek II Subdivision Phase 1 was platted in 2007. The parkland dedicated with that phase was 5.304 acres. The required parkland dedication for Phase 1 was 1.41 acres (47 lots at .03 acres/lot) and the required parkland dedication for Phase 2 was .78 acres (26 lots at .03 acres/lot). Therefore there was still a 3.11 acre parkland reserve for future phases. A master parks plan was approved by the City Commission on January 16, 2007. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed this proposal on May 9, 2014 and have recommended it for approval. As included in the attached review memorandum, the Committee indicated that they “endorse this proposal, we think the trail development as shown will create an excellent amenity and the dedication requirements have been meet to our satisfaction”. Recommended conditions of approval have been included to address the final parkland and open space dedication, labeling and maintenance provisions as part of the final plat process. To provide context for the relationship between the private property on the north side of Boylan Road and the open space adjacent Bridger Creek staff captured the image below from the approval park plan. 244 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 23 of 27 Figure 5: Legends II, Phase III Park Plan - partial view. 38.41.060.A.17 Neighborhood Center Plan The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan Road and Northview Street is identified as satisfying the requirements of a neighborhood center for the Legends at Bridger Creek II Subdivision. The dedicated park is of a size and layout that allows for both passive and active recreation, and includes a trail along the Bridger Creek watercourse. The platted location of the park does not meet the following criteria detailed in Section 38.23.020.A.1 or 38.23.020.A.3: the geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along 100% of its perimeter. Staff recommends and finds that these requirements be waived due to the site constraints and the presence of critical lands. The Bridger Creek watercourse corridor is a critical habitat and constrains the site. A public trail is provided in the watercourse corridor parallel to Bridger Creek. Staff has recommended conditions to clarify ownership and maintenance of open space areas and public right-of-way landscape improvements. 38.41.060.A.18 Lighting Plan A Special Improvement Lighting District was created in August of 2008 that included the property proposed for subdivision. This subdivision phase is within the existing district and the 245 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 24 of 27 proposed streetlights at the intersections and midblock crossing on Boylan Road will be installed and added to the lighting district as minor modifications to the lighting district. The final lighting plan will need to be submitted for review and approval prior to the installation of lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City’s requirement for cut-off shields. 38.41.060.A.19 Miscellaneous There are no public lands, other than parkland, adjacent or within 200 feet of the proposed development. No health or safety hazards on or near the subdivision (i.e., mining activities or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines) have been identified with this preliminary plat application. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance (Ordinance 1710) had been suspended by the City Commission until December 2015. 246 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 25 of 27 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1 (Residential Single-Household Low Density District). The intent of the R-1 District is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Pursuant to Section 38.08.080, BMC, minimum net density in the R-1 District is five dwellings per net acre. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. The proposed subdivision will create 51 residential single-household lots for a density of 5.2 dwellings per net acre. Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “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. 247 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 26 of 27 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2nd floor, Missoula, MT 59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771 submitted an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This application will subdivide the remaining 24.69 acres into 51 single-household lots and related streets and open space. This phase will complete the connection of Boylan Road with Phase 2 to the west and the Creekwood Subdivision to the east. This project will also designate the remaining open space and trail areas south of Bridger Creek as publicly available open space and will be maintained by the Legends at Bridger Creek II Homeowners Association. Parkland requirements for this project were previously met with a parkland dedication in Phase 1. Project Background The subject property is part of the larger Legends at Bridger Creek property/project that was annexed into the City and zoned R-1 in 2007. A previous Planned Unit Development (PUD) and Preliminary Plat was approved for the entire property in 2007. Only phase 1 was completed under that approval in 2007/2008. The previous PUD and Preliminary Plat entitlement expired in 2012. Phase 2 of this subdivision was approved by the City Commission in 2013 and has recently been constructed and finalized. Both Phase 2 and this proposed phase did not rely upon or need the relaxations granted by the original 2007 PUD and have been designed to comply with all current code requirements. APPENDIX C – NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on January 22, 2014. The pre-application was reviewed by the DRC on February 12, 19 and 26, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted supplemental information waivers under 38.41.060, BMC. A complete preliminary plat application was submitted on April 7, 2014 and deemed acceptable for initial review April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30 and May 7, 2014. On April 30, 2014 the DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. On May 9, 2014 the Recreation and Parks Advisory Board met and considered the proposed subdivision. Both the RPAB and the DRC provided favorable recommendations for consideration by the City Commission. 248 P14022, Staff Report for the LEGENDS AT BRIDGER CREEK II – PHASE 3 MAJOR SUBDIVISION Page 27 of 27 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4, 2014. The site was posted with a public notice on May 2, 2014. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on May 2, 2014. No comment on the application has been received as of the date of this report. On June 12, 2014 this subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Bozeman Planning Board and City Commission. The Planning Board is scheduled to consider the application on June 17, 2014. The City Commission is scheduled to make a final decision at their July 7, 2014 public hearing. The final decision for a Major Subdivision Preliminary Plat with 50 or more lots must be made within 80 working days of the date it was deemed complete or in this case by July 25, 2014 August 22, 2014. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Guinness Partners, Inc., 430 N. Ryman 2nd Floor, Missoula, MT 59802 Representative: Morrison Maierle, Inc., P.O. Box 113, Bozeman, MT 59771 Report By: Tom Rogers, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Recreation and Parks Advisory Board – Subdivision Review Committee Memo 2. Applicant’s submittal materials 3. Overall Subdivision Map 4. Public Comment 5. Planning Board Resolution – Draft 6. Planning Board Meeting Minutes - Draft The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 249 250 251 252 253 254 255 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP10 0 F P 10 0 FP 100 FP100 FP100 FP100 FP100 FP100 FP100 FP 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP GALLATIN COUNTY, MONTANA PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE UTILITY EASEMENTS ALL LOTS ARE SUBJECT TO THE FOLLOWING PUBLIC UTILITY EASEMENTS: - 10' ADJACENT TO ALL PUBLIC STREET RIGHTS-OF-WAY - 6' ADJACENT TO ALLEYS - 10' ALONG REAR LOT LINES NOT ADJACENT TO A STREET OR ALLEY GROSS AREA = (25.05 AC.) OPEN SPACE AREA = (0.07 AC.) RIGHT-OF-WAY AREA = (4.03 AC.) ALLEY= (0.97 AC.) NET LOT AREA = (9.78 AC.) REMAINDER LOT R1 = (10.20 AC.) AREA SUMMARY CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The Legends at Bridger Creek II Subdivision Phase III, Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. therefore, under the provisions of Section 76-4-125(2)(d), MCA, this subdivision is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ____________ day of ________________________ A.D., 2014 ________________________________________________ Director of Public Service CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE Dated this _________________________ day of _________________________, 2014. Guinness Partners, Inc. ______________________________________ State of _________________________ County of _________________________ This instrument was acknowledged before me on _________________________ by Jim McLeod as Member of Guinness Partners, Inc. __________________________________________________ (Signature of Notarial Officer) __________________________________________________ Notary's name - typed, stamped or printed Notary Public for the State of _________________________ Residing at _________________________ My commission expires: _______________________ We, Guinness Partners, Inc., and I, Matthew E. Ekstrom, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of this title or as conditions of approval of The Legends at Bridger Creek II Subdivision Phase III, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. INSTALLED IMPROVEMENTS 1. Water, Sewer, Storm Sewer, Curb and Gutter, and Asphalt Streets. FINANCIALLY GUARANTEED IMPROVEMENTS: 1. Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two year from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman, and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. _____________________________________ _______________________________________________ Jim McLeod Dated Matthew E. Ekstrom Dated Member, Guinness Partners, Inc. 10853PE _____________________________________ Director of Public Service Dated CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, the undersigned, Daniel J. Boers, Montana Professional Land Surveyor, License No. 14732LS do hereby certify that between ____________, 2014, and _____________, 2014, I surveyed The Legends at Bridger Creek II Subdivision Phase III and platted the same as shown on the accompanying plat and described in accordance with the provisions of the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3-625, M.C.A., and the Bozeman Municipal Code. I further certify that, in accordance with ARM 24.183.1101(1)(d), monuments which have not been set due to weather conditions and public improvements construction by the filing date of this instrument will be set by __________, 2014. Dated this ___________ day of ________________________, 2014 _______________________________________ Daniel J. Boers, PLS, CFedS MT Reg. No. 14732LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR CERTIFICATE OF COUNTY TREASURER I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and have found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this ____________ day of ________________________ A.D., 2014 ________________________________________________ Director of Public Service I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Dated this ____________ day of ________________________ A.D., 2014 ________________________________________________ Treasurer of Gallatin County I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at ____________ o'clock, (a.m., or p.m.), this ____________ day of ________________________, A.D., 2014, and recorded in Book ____________, of Plats on Page ____________, (Document No. ____________) Records of the Clerk and Recorder, Gallatin County, Montana. ____________________________________ Charlotte Mills, Clerk and Recorder CERTIFICATE OF CLERK AND RECORDER PURPOSE TO AMEND 2 LOTS, TO CREATE 54 LOTS, 1 OPEN SPACE, AND DEDICATED RIGHTS-OF-WAY BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE I, PLAT J-470 (previous bearings are Grid, based on the Montana coordinate system NAD83). DUE TO HIGH GROUND WATER CONDITIONS, FULL OR PARTIAL BASEMENTS ARE NOT RECOMMENDED We, the undersigned mortgagee or encumbrancer, do hereby join in and consent to the described plat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parks, or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. CONSENT OF MORTGAGEES Dated this __________ day of ______________________________ , A.D., 2014. ______________________________________ First Interstate Bank By: Its: STATE OF ______________________ COUNTY OF ______________________ This instrument was acknowledged before me on this __________ day of ____________________, A.D. 2014 by ________________________________________ as _____________________________________ of First Interstate Bank. __________________________________________________ Notary Public for the State of Residing at My commission expires OWNERS GUINNESS PARTNERS, INC. VICINITY MAP NOT TO SCALE OPEN SPACE OPEN SPACE PARCELS SHALL BE OPEN TO PUBLIC ACCESS BUT SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III PRELIMINARY PLAT FOR THE P.O.B. PHASE III FLOOD PLAIN NO LOTS ARE WITHIN THE CURRENT 100-YEAR FLOOD PLAIN, IT IS RECOMMENDED THAT LOT OWNERS OBTAIN FLOOD INSURANCE DUE TO PROXIMITY. IT IS ALSO RECOMMENDED THAT LOT OWNERS CONSIDER CONSTRUCTION OF STRUCTURES ON SUITABLE FILL AT AN ELEVATION NO LOWER THAN THE BASE FLOOD ELEVATION AND EXTENDING AT LEAST 15 FEET AT THAT ELEVATION BEYOND THE STRUCTURE IN ALL DIRECTIONS. BRIDGER CREEK APPROX 100-YR FLOOD PLAIN BOUNDARY Tract 1 of Fil m 1 2, P a g e 8 2 5 CREE K W O O D SUBDI VI S I O N PLAT J - 4 4 4 MT. BALDY SUB-DIVISION PLAT F-10 ED. VOGEL SUB-DIVISION NO 1 PLAT E-47 THREAD OF BRIDGER CREEK (4-06-2005) OLD THREAD OF BRIDGER CREEK (FM 12, P825) ZONING CITY OF BOZEMAN R-1 ACCESS EASEMENT PEDESTRIAN FACILITIES LOCATED WITHIN LOTS DESIGNATED AS COMMON OPEN SPACE ARE WITHIN A 10' PUBLIC ACCESS EASEMENT CENTERED ON THE CONSTRUCTED FACILITIES. SIDEWALK NOTE: UPON THE THIRD ANNIVERSARY OF THE PLAT RECORDATION FOR THIS PHASE, ANY LOT OWNER WHO HAS NOT CONSTRUCTED CITY STANDARD RESIDENTIAL SIDEWALKS FOR THEIR LOT(S) SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS SAID SIDEWALK REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE UPON THE LOT(S). GROUND WATER OLD THREAD OF BRIDGER CREEK (FM 12, P825) We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit: A tract of land being Lot 69, Lot 70, and Lot R of The Legends at Bridger Creek II Subdivision Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the northeast corner of The Legends at Bridger Creek II Subdivision Phase II; thence along a curve to the left for a GLVWDQFHRIIHHWVDLGFXUYHKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRI WKHQFH1 :IRUWKHQFH DORQJDFXUYHWRWKHULJKWIRUDGLVWDQFHRIIHHWVDLGFXUYHKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRI WKHQFH1 :IRUWKHQFH1 (IRUWKHQFH6 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 :IRUWKHQFH1 :IRUWKHQFH1 :IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 :IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH1 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 :IRUWKHQFH1 :IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH1 (IRUWKHQFH6 ( IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH6 (IRUWKHQFH1 : IRUWKHQFH1 (IRUWKHQFHDORQJDFXUYHWRWKHOHIWIRUDGLVWDQFHRIIHHWVDLGFXUYHKDYLQJDUDGLXV RIIHHWDQGDGHOWDDQJOHRI WKHQFH1 (IRUWKHQFH6 (IRUWKHQFH1 ( IRUWKHQFH1 :IRUWKHQFH1 (IRUWKHQFH1 (IRUWRWKH3RLQWRI%HJLQQLQJ Said tract contains 25.05 acres, and is subject to any existing easements, whether recorded or apparent. The above-described tract of land is to be known and designated as "The Legends at Bridger Creek II Subdivision Phase III", City of Bozeman, Gallatin County, Montana; the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The owners agree that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City accepts responsibility for maintenance include Boylan Road, Northview Street, Maiden Spirit Street, and the Alley. The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering telephone, electric power, gas, internet, cable television, or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and hold forever. O.S. 1 LOT R LOT 79 LOT 77 LOT 69A LOT 70A LOT 72 LOT 73 LOT 76 LOT 75 LOT 74 LOT 84 LOT 83 LOT 82 LOT 81 LOT 88 LOT 87 LOT 86 LOT 85 LOT 92 LOT 91 LOT 90 LOT 89 LOT 96 LOT 95 LOT 94 LOT 93 LOT 100 LOT 98 LOT 97 LOT 104 LOT 103 LOT 101 LOT 107 LOT 106 LOT 105 LOT 108LOT 109LOT 122 LOT 121 LOT 120LOT 119LOT 118 LOT 117LOT 116LOT 115LOT 114LOT 113LOT 112LOT 111LOT 110 LOT 78 LOT 80 LOT 102LOT 99 LOT 71 BOYLAN ROAD (60') ROAD (60')ROAD (60') ROAD (60')ROAD (60')ROAD (60')MIDFIELD STREET (60')NORTHVIEW STREET (60')BOY L A N R O A D ( 6 0 ' ) THE LEG E N D S A T B R I D G E R C R E E K I I SUBDIVIS I O N P H A S E I I 256 8 SS8 SS8 SS8 SS8 SS8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W8 W8 W8 W8 W8 W8 W8 S S 8 S S 8 SS 8 S S 8 S S 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS8 SS8 SS8 SS8 SS8 W8 W8 W8 W8 W8 SS8 SS8 SS8 SS8 W8 W8 W8 W8 W8 W8 SS 8 SS 8 SS 8 SS 8 SS 8 SS8 SS8 SS8 W8 W8 W8 W8 W8 S S 8 S S 8 SS 8 SS 8 W 8 W 8 W 8 W 8 W 8 W 8 W8 W 8 W 3/4" O.D. GALV. IRON PIPE 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP1 0 0 F P 10 0 F P 100 FP100 FP100 FP100 FP100 FP100 FP100 F P 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FPEXISTING LOT LINES TO BE ABANDONED WITH THIS PLAT, TYP. TEMPORARY CUL-DE-SAC EASEMENT TO BE ABANDONED WITH THIS PLAT 30' WATER AND SEWER AND PIPELINES EASEMENT AND AGREEMENT DOCUMENT NO. 2240463R=50'R=50' GALLATIN COUNTY, MONTANA PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III PRELIMINARY PLAT FOR THE SURVEYOR'S NOTES: 1. Warranty Deed Film 12, Page 823-825, filed December 16, 1971, depicts three tracts of land, (the parent parcel being described in Administratrix's Deed Film 11, Page 881-882) and conveys two tracts of land from Hallie B. Rugheimer to GBR Associates. Tract 2 is ĚĞƐĐƌŝďĞĚĂƐďŽƵŶĚŽŶƚŚĞŶŽƌƚŚďǇƚŚĞƚŚƌĞĂĚŽĨƌŝĚŐĞƌƌĞĞŬ͕ĂŶƐƚĂƚĞƐ͞dŚĞƚŚƌĞĂĚŽĨƚŚĞƐƚƌĞĂŵŽĨƌŝĚŐĞƌƌĞĞŬŝƐƐĞƚĨŽƌƚŚŽŶƚŚĞ plat afficed hereto by metes and bounds. Said plat being dated October 28, 1971, signed by Louis V. Tout, Registration No. 2358S, and is ŵĂĚĞĂƉĂƌƚŽĨƚŚŝƐĚĞƐĐƌŝƉƚŝŽŶďǇƌĞĨĞƌĞŶĐĞ͘͟dŚĞ^ƵƌǀĞǇWůĂƚƐŚŽǁŶŽŶ&ŝůŵϭϮ͕WĂŐĞϴϮϱƐƚĂƚĞƐ͕͞dŚĞĨŽůůŽǁŝŶŐĐŽƵƌƐĞƐĂŶĚĚŝƐƚĂŶĐĞƐ are given to identify Bridger Creek and for the computation of areas only. They will not be construed, in any way, to be controlling ĨĂĐƚŽƌƐŝŶƚŚĞďŽƵŶĚĂƌŝĞƐŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐŝŶǀŽůǀĞĚ͘dŚĞƚŚƌĞĂĚŽĨƚŚĞƐƚƌĞĂŵŽĨƌŝĚŐĞƌƌĞĞŬŝƐƚŚĞďŽƵŶĚĂƌǇ͘͟dŚĞŝŶƚĞŶƚĂƉƉĞĂƌƐ clear. THREAD OF BRIDGER CREEK (4-06-2005) OLD THREAD OF BRIDGER CREEK (FM 12, P825) APPROX 100-YR FLOOD PLAIN BOUNDARY BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE I, PLAT J-470 (previous bearings are Grid, based on the Montana coordinate system NAD83). MEANDER LINE (NOT A FIXED BOUNDARY) MEANDER LINE (NOT A FIXED BOUNDARY) W.C. SURVEY LEGEND O.S.COMMON OPEN SPACE PARCEL FOUND REBAR W/ PLASTIC CAP MARKED "MORRISON MAIERLE, INC. 11371LS" SET REBAR W/ YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE, INC. 14732LS" RSL RESTRICTED SIZE LOT FOUND ROLLED STEEL PIN, 5/8" DIAM., WITH PLASTIC CAP, UNLESS NOTED. FOUND REBAR W/ ALUM CAP MARKED "4955S" FOUND STEEL PIPE APPROX 1" DIA. W.C.WITNESS CORNER FOUND W.C. REBAR W/ ORANGE PLASTIC CAP MARKED "MORRISON MAIERLE, INC. 11371LS" 1.00' BEHIND RIGHT-OF-WAY LINE FOUND ROLLED STEEL PIN, 5/8" DIAM., NO CAP. C-E 1/16 S.32 NO CAP P.O.B. OLD THREAD OF BRIDGER CREEK (FM 12, P 825) PHASE III FOUND REBAR W/ YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE, INC. 14732LS" A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. 257 8 S S 8 S S 8 SS 8 SS 8 W 8 W 8 W 8 W 8 W EXISTING LOT LINES TO BE ABANDONED WITH THIS PLAT, TYP. TEMPORARY CUL-DE-SAC EASEMENT TO BE ABANDONED WITH THIS PLAT 30' WATER AND SEWER AND PIPELINES EASEMENT AND AGREEMENT DOCUMENT NO. 2240463R=50' GALLATIN COUNTY, MONTANA PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III CONDITIONS OF APPROVAL OF THE PRELIMINARY PLAT FOR THE A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. BUYERS CERTIFICATION THE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE I, PLAT J-470 (previous bearings are Grid, based on the Montana coordinate system NAD83). 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 OPEN SPACE 2 OPEN SPACE 7OPEN SPACE 16OPEN SPACE 10 OPEN SPACE 7OPEN SPACE 8OPEN SPACE 10 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 46 LOT 47 LOT 48 LOT 49 LOT 50 LOT 51 LOT 52 LOT 60 LOT 61 LOT 62 LOT 63 LOT 64 LOT 65 LOT 66 LOT 67 LOT 68 LOT 69 LOT 70 LOT 71 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W8 W 8 W 8 W 8 W 8 W 8 SS8 SS8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS 8 SS8 SS8 SS8 SSOPEN SPACE 13O.S. 12 O.S. 11 LOT 2 LOT 3 LOT 4 LOT 5LOT 6LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18 LOT 26 LOT 27 LOT 28 LOT 29OPEN SPACE 14LO T 3 0 L O T 3 1 L O T 3 2LOT 3 3LOT 34LOT 35LOT 36LOT 37LOT 38LOT 38ALOT 1 LOT 54LOT 55LOT 56LOT 57LOT 58LOT 59LOT 59ALOT 19LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT53OPEN SPACE 9PUBLIC ACCESSPUBLIC ACCESSPUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESSPUBLIC PARK 1 OPEN SPACE 13O.S. 12 O.S. 11 LOT 2 LOT 3 LOT 4 LOT 5LOT 6LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18 LOT 26 LOT 27 LOT 28 LOT 29OPEN SPACE 14LO T 3 0 L O T 3 1 L O T 3 2LOT 3 3LOT 34LOT 35LOT 36LOT 37LOT 38LOT 38ALOT 1 LOT 54LOT 55LOT 56LOT 57LOT 58LOT 59LOT 59ALOT 19LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT53OPEN SPACE 9PUBLIC ACCESSPUBLIC ACCESSPUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESS PUBLIC ACCESSPUBLIC PARK 1 LOT 26LOT 25LOT 24LOT 23LOT 22LOT 21LOT 20LOT 19LOT 18LOT 17LOT 16LOT 15LOT 14LOT 13LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 6LOT 5LOT 4LOT 3LOT 2LOT 1LOT 47LOT 46LOT 45LOT 44LOT 43LOT 42LOT 41LOT 40LOT 39LOT 38LOT 37LOT 36LOT 35LOT 34LOT 33LOT 32LOT 31LOT 30LOT 29LOT 28LOT 27LOT 26LOT 25LOT 24LOT 23LOT 22LOT 21LOT 20LOT 19LOT 18LOT 17LOT 16LOT 15LOT 14LOT 13LOT 12LOT 11LOT 10LOT 09LOT 08LOT 07LOT 06LOT 05LOT 04LOT 03LOT 02LOT 01THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III OVERALL PROPERTY MAP CREE K W O O D S U B. 284 Bozeman Recreation & Parks Advisory Board P.O. Box 1230 · Bozeman, MT · 59771 Park Plan Review SUBJECT: Legends II at Bridger Creek FROM: Subdivision Review Committee PLANNER: Doug Riley REVIEW DATE: 5/9/2014 BACKGROUND: · This project represents the final build-out of Legends II. We looked at the plans on 2/21/2014 and gave it a favorable review at that time. COMMENTS: · The creek access points that we discussed at our previous meeting have been implemented · The backyard encroachment issue has been resolved with landscaping. RECOMMENDATION: · The committee endorses this proposal, we think the trail development as shown will create an excellent amenity and the dedication requirements have been met to our satisfaction. FISCAL EFFECTS: · N/A ALTERNATIVES: · N/A Respectfully submitted, Sandy Dodge, RPAB Subdivision Review Committee 285 Legends at Bridger Creek II, Phase III Major Subdivision 1 RESOLUTION #P-14022 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 24.69 ACRES INTO FIFTY ONE (51) RESIDENTIAL SINGLE HOUSEHOLD LOTS ON PROPERTY DESCRIBED AS LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION, PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH (T2S), RANGE 6 EAST (R6E), P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner and applicant Guinness Partners, Inc., 430 N. Ryman 2nd Floor, Missoula, MT 59802 represented by Morrison Maierle, Inc., P.O. Box 113, Bozeman, MT 59771 submitted a Major Subdivision Preliminary Plat Application to subdivide a 24.69 acres into 51 residential single-household lots on property described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman, Gallatin County, Montana; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03 of the Bozeman Unified Development Code; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, June 17, 2014, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, three members of the general public provided oral testimony on the matter of the preliminary plat application expressing concern about the subdivision design in relation to the open space and circulation concerns of the alley or partial road on the southern edge of the property; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the preliminary plat application with the recommended conditions of approval provided in the staff report; and WHEREAS, the City of Bozeman Planning Board moved to amend the main motion to direct the Subdivider to move the location of Open Space No. 1 from its proposed location east one (1) lot to align with the proposed Road to promote pedestrian circulation to the Bridger Creek Open Space area. The amendment passed (6:0); and 286 Legends at Bridger Creek II, Phase III Major Subdivision 2 WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would not comply with those requirements; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P-14022 and voted 2:4 to not recommend approval of the preliminary plat application for the Legends at Bridger Creek II, Phase III Major Subdivision authorizing to subdivide 24.69 acres into 51 residential single-household lots subject to the following conditions: 1. The Final 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 and 24.183.1104 ARM) and shall 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 shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. The final plat shall include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON PUBLC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. 287 Legends at Bridger Creek II, Phase III Major Subdivision 3 Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE BRIDGE & LAWN.) The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number____________________. (To be filled in when recorded) By: _________ , Subdivider Date: ________________ 5. The subdivider shall provide the necessary declaration and recitals indicating that the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions include this property as being part of the existing Legends at Bridger Creek II property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 6. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase III.” 7. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 288 Legends at Bridger Creek II, Phase III Major Subdivision 4 8. The applicant shall provide a minimum of 1.53 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 51 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase I including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 10. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 11. The definition for “parks” in the property owner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision. 12. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 13. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 14. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. 15. The Title/Certificate sheet shall be amended to remove the “Lot R” label or designation that overlaps the “O.S. 2” (Common Open Space) parcel south of Bridger Creek. 289 Legends at Bridger Creek II, Phase III Major Subdivision 5 Engineering 16. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 17. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards. 18. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 19. The developer shall make arrangements with the City Engineering Department to provide addresses for all individual lots in the subdivision prior to the filing of the final plat. 20. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. Any proposed public street lighting shall be LED. 21. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 22. The proposed water main within the right of way of the extension of Boylan Road shall connect to the existing stub at the western terminus of the Creekwood Subdivision to complete the necessary loop of the water network. 23. The surrounding flood plain of Bridger Creek shall be ground-truthed and shown on the final plat to verify no proposed lots will be located within the flood plain. DATED THIS DAY OF , 2014 Resolution #P-14022 _____________________________ ____________________________ Trever McSpadden, President Tom Rogers, AICP City of Bozeman Planning Board Department of Community Development 290 1 MINUTES CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, JUNE 17, 2014 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Mayor - Jeff Krauss: Present Council Member - Erik Garberg: Present Board Member - Paul Neubauer: Present Board Member - Julien Morice: Present Board Member - George Thompson: Present Board Member - Gerald Pape Jr.: Absent Board Chair - Trever McSpadden: Absent Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Present Staff Tom Rogers, Planner Chris Saunders, Planner Members of Public Matt Eckstrom, Morrison-Maierle Mark Meyer – 2585 Creekwood Dr Kristin Cardin – 2457 Creekwood Dr Jeff Johnson – 2563 Creekwood Dr Susan Riggs, Intrinsik Architecture Rob Pertzborn, Intrinsik Architecture Brian Kline, Valley Center LLC Dean and Anne Halse, Valley Center LLC Walter Wolf for Flanders Mill, LLC Chuck Hinesley Troy Sherer, Design Five Landscape Architecture 2 people from C&H Engineering ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.) 07:03:42 PM – Chair Pro-Tem Garberg opened for Public Comment – no public comment forthcoming. ITEM 3. DRAFT MINUTES OF MAY 20, 2014 291 2 07:02:34 PM – Chair Pro-Tem Garberg asked for motion and second to approve minutes of 05/20/14. Minutes approved unanimously. ITEM 4. PROJECT REVIEW 1. Legends at Bridger Creek II Ph. 3 Preliminary Plat Application P14022 A Subdivision Preliminary Plat Application requested by the property owner/applicant Guinness Partners, Inc., 430 N. Ryman, 2nd floor, Missoula, MT 59802; and represented by Morrison-Maierle, Inc. PO Box 1113 Bozeman, MT 59771 to allow the subdivision of 24.69 acres into 51 single- household lots and related streets and open space in the Bridger Creek II Subdivision. The property is generally located between Midfield Street and Creekwood Drive, south of Bridger Creek. The property is zoned R-1 (Residential Single Household Low Density District). The properties involved are described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman, Gallatin County, Montana. (Rogers) 07:03:07 PM – Open for Item #4 Project Review. 07:03:54 PM – Planner Rogers presented his staff report. 07:12:28 PM – Planner Rogers finished his presentation and responded to questions. Questions from Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Neubauer. 07:23:24 PM – Questions for Planner Rogers closed and presentation by Applicant. Mr. Matt Eckstrom of Morrison-Maierle, representing the Applicant, addressed the Board. 07:26:41 PM – Closed for Applicant and opened for Public Hearing. Mr. Mark Meyer, 2485 Creekwood Dr, commented regarding habitat, open space, quantity of homes and public safety. Ms. Kristin Cardin, 2457 Creekwood Dr, commented on limited open space in Creekwood Subdivision and the alley on Boylan Rd. Mr. Jeff Johnson, 2563 Creekwood Dr, commented that this phase is out-of-character with the rest of Legends at Bridger Creek with very little access to open space corridor. 07:31:09 PM – Chair Pro-Tem Garberg closed the Public Hearing and opened for questions, motion, discussion and vote. Questions from Mayor Krauss, and Mr. Thompson. 07:40:44 PM - Motion Board Member - Julien Morice: Motion Board Member - George Thompson: 2nd “Having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application P14022 and 292 3 move to approve the Legends at Bridger Creek II, Phase 3 Major Subdivision with conditions and subject to all applicable code provisions.” 07:41:10 PM – Mr. Morice spoke to the motion. 07:42:25 PM – Discussion on amendment to motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd “I move to amend the motion to align easement access coming off the roadways to the open space to reflect public comment.” 07:43:43 PM – Opened for discussion on amendment to motion. 07:43:54 PM – Chair Pro-Tem Garberg called for vote on amendment to motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd Amendment to motion carries unanimously. 07:44:09 PM - Chair Pro-Tem Garberg called for evaluation of approving subdivision with amended Condition of Approval. Discussion by Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Garberg, Ms. Dornberger. 07:53:32 PM – Chair Pro-Tem called for question on amended motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve Board Member - Paul Neubauer:Disapprove Board Member - Julien Morice: Disapprove Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Absent Board Chair - Trever McSpadden: Absent Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Disapprove Motion fails 2-4. 07:53:46 PM – Chair Pro-Tem Garberg stated this move forward to the Commission Meeting on July 7th with a negative recommendation 07:54:09 PM – Chair Pro-Tem Garberg opened Item #2. 2. Cattail North Growth Policy Amendment Application P14016 293 4 A Growth Policy Amendment application is proposed by property owner Valley Center LLC, P.O. Box 11890, Bozeman MT 59719 and the representative is Morrison-Maierle, Inc., P.O. Box 1113, Bozeman MT 59771 has been submitted to the City of Bozeman Department of Community Development for an amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Residential to Community Commercial Mixed Use upon property located at 3646 N 27th Ave. and 4900 West Lake Road. The proposal would affect ~32 acres of land of a total of 53.77 acres. The property is legally described as a portion of Lot 2A, Minor Subdivision 221E, Section 26, Township 1S, Range 5E, City of Bozeman, Gallatin County, Montana. (Saunders) 07:54:50 PM – Planner Saunders presented his staff report and answered questions. Questions from Mr. Garberg and Mr. Thompson. 08:10:08 PM – Opened for presentation by Applicant. Ms. Susan Riggs, Intrinsik Architecture, presented for the Applicant, Valley Center, LLC, asked for approval of Alternative #1 and answered questions. 08:15:20 PM – Chair Pro-Tem Garberg opened Public Hearing. No public comment forthcoming. 08:15:33 PM - Chair Pro-Tem Garberg opened questions, discussion, motion and vote. Questions from Mayor Krauss. 08:17:29 PM – Motion Mayor - Jeff Krauss: Motion Board Member - Paul Neubauer: 2nd “ I make a motion to approve the application, as submitted with Alternative #1, adopting the applicant’s analysis of the Growth Policy requirements as our own and approve the Growth Policy Amendment as submitted, subject to the conditions and requirements as suggested by staff.” 08:19:18 PM – Mayor Krauss spoke to his motion. Questions from Board members. 08:24:29 PM – Mr. Pape joined the meeting at this time being late due to serving in a County duty at the Northern Rockies Economic Development District at the request of the County Commissioners. 08:28:29 PM – Vote on motion Mayor - Jeff Krauss: Motion Board Member - Paul Neubauer: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Absent 294 5 Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion passed unanimously. 08:39:35 PM – President McSpadden joined the meeting and opened for Item #3. 3. Flanders Mill Ph. 1-7 Preliminary Plat Application P14024 A Major Subdivision Preliminary Plat application as requested by the property owner Flanders Mill LLC, 235 Greenhills Ranch Road, Bozeman, MT 59718, and represented by C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 has been submitted to the Department of Community Development that would allow the subdivision of 136.75 acres into 292 single- household residential lots, 2 multi-household lots, 1 lot for utilities, and associated parks and open spaces with variances from 1) Section 38.23.100 (Watercourse Setbacks) to allow lots to encroach within the required 50 foot setback from watercourse and wetlands, 2) Section 38.23.040 (Block Length) to allow blocks (Block 13, 15, 16, 17, 20, and 24) with a length greater than 400 feet, 3) Section 38.23.040 (Block Width) to allow blocks (Blocks 7, 9, 12, 14, 15, 18) with a width of less than 200 feet, 4) Sections 38.24.080 (Sidewalks) and 38.24.110 (Transportation Pathways) to construct a boulevard trail in lieu of a sidewalk to be located within a public access easement adjacent to Flanders Mill Road, Baxter Lane, and Ferguson Avenue, 5) Section 38.24.060 (Street Improvement Standards) to allow a level of service at the intersection of Ferguson Avenue and Durston Road to be below the required level of service “C”; and a partial waiver of required park land dedication required per Section 38.27.020 by providing an alternative means of recreational space through provision of developed common open space. The property is zoned R-3 (Residential Medium Density District), R-4 (Residential High Density District), and PLI (Public Lands and Institutions). The project is generally located east of Flanders Mill Road, south of Baxter Lane and west of Ferguson Avenue. The property is legally described as Tract 1, Certificate of Survey No 2834, located in the E ½ of W ½ of Section 3, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County, Montana. (Saunders) 08:39:47 PM – Planner Saunders presented his staff report. 09:00:38 PM – Planner Saunders concluded his report and took questions. Questions from Mr. Garberg, Mr. Pape, Mayor Krauss, Mr. Neubauer, Mr. Morice. 09:23:55 PM – President McSpadden opened for the Applicant presentation, Mr. Walter Wolf representing Flanders Mill, LLC. 09:26:39 PM – Presentation by Troy Sherer, Design Five Landscape Architecture, spoke to the process of how they arrived at the parks, trails and open space plan and answered questions. Questions from Mr. Pape. 09:33:10 PM – President McSpadden opened the Public Hearing. No public comment forthcoming. President McSpadden closed public comment and opened for motion, discussion and vote. 09:34:11 PM – Motion Council Member - Erik Garberg: Motion 295 6 Board Member - Julien Morice: 2nd “Block width: “Having reviewed and considered the application materials, public comment, and the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.23.040 C to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal with the applicable conditions set forth in the staff report.” Mr. Garberg spoke to having started with this motion. 09:37:33 PM – Vote Council Member - Erik Garberg: Motion Board Member - Julien Morice: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 7-1 09:38:12 PM - Motion Board Member - Julien Morice: Motion Board Member - Paul Neubauer: 2nd “Dedication of Parks and Waiver of Park Dedication: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding dedication of parkland and waiver of park land dedication per Article 38.27 and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section 38.27.100 as depicted in the submittal materials with the applicable conditions set forth in the staff report.” Mayor Krauss discussed the motion. 09:53:46 PM –Vote Board Member - Julien Morice: Motion Board Member - Paul Neubauer: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve 296 7 Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion passed 7-1 09:54:22 PM – Motion Board Member - George Thompson: Motion Board Member - Gerald Pape Jr.: 2nd “Release and Reconveyance of Park Easement: Having considered the proposed Park Plan for the subdivision and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision.” 09:55:24 PM – Vote Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 8-0 09:55:31 PM– Motion Council Member - Erik Garberg: Motion Board Member – Paul Neubauer: 2nd “Wetland and watercourse setback: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.23.100 to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report.” 09:56:10 PM – Vote 297 8 Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 8-0 09:56:45 PM – Motion Board Member - Gerald Pape, Jr: Motion Board Member - George Thompson: 2nd “Alternative block length (Option 1): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings related to alternative block length compliance as allowed by Section 38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report.” “I will amend the motion to state, as indicated by the Planner, that as as allowed by Section 38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report.” Discussion by Mr. Pape. 09:59:44 PM – Vote Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 8-0 09:59:53 PM - Motion Board Member – Paul Neubauer: Motion Mayor – Jeff Krauss: 2nd 298 9 “Level of Service: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding a variance from Section 38.24.060 to allow an intersection to function below level of service “C” as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report.” Mr. Neubauer spoke to the motion. 10:08:07 PM – Vote Board Member - Paul Neubauer: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Disapprove Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve 10:08:25 PM Council Member - Erik Garberg: Motion Board Member – Julien Morice: 2nd To provide a Class I Transportation Pathway instead of a sidewalk: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section 38.24.080 to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the applicable conditions set forth in the staff report.” 10:09:43 PM Council Member - Erik Garberg: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve 299 10 Board Member -Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 8-0 10:09:49 PM – Open for motion Board Member - Laura Dornberger: Motion Board Member - Gerald Pape Jr.: 2nd Subdivision as a whole: “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 P14024 and move to approve the major subdivision with conditions and subject to all applicable code provisions and incorporating all prior actions relating to dedication of parks, watercourse setbacks, block width, block length, provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report.” 10:10:36 PM Mayor Krauss requested to amend the motion. Mayor - Jeff Krauss: Motion Council Member - Erik Garberg: 2nd “I move to amend the motion to require as a condition of approval that the parks and open space if they are to be fenced, that they be fenced with a coherent design and no higher than four feet.” 10:11:21 PM Discussion on amendment to motion. 10:16:34 PM – President McSpadden called for a vote on the amendment. Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Disapprove Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Disapprove Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 6-2. 10:17:18 PM – President McSpadden called for a vote on the original motion. Board Member - Laura Dornberger: Motion Board Member - Gerald Pape Jr.: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve 300 11 Board Member - Paul Neubauer: Disapprove Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 7-1. President McSpadden announced this will move forward to the July 7th Commission meeting. 10:18:19 PM - President McSpadden opened Item #4. 4 Laurel Glen Growth Policy Amendment Application P14020 A Growth Policy Amendment application is proposed by property owner Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718. The applicant is Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman, MT 59718 and the representative is Caddis Engineering and Land Surveying, PO Box 11805, Bozeman MT 59719 has been submitted to the City of Bozeman Department of Community Development for an amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Community Commercial Mixed Use to Residential upon property located at 856 Loxley Drive. The proposal would affect ~2.041 acres of land. The property is legally described as Lot 1, Block 9, Laurel Glen Subdivision, Phase 1, City of Bozeman, Gallatin County, Montana. (Saunders) 10:18:25 PM - Planner Saunders presented his staff report. 10:22:27 PM – Planner Saunders completed his report. President McSpadden opened for questions for the Applicant, Chuck Hinesley. 10:25:25 PM – President McSpadden closed questions for Applicant and opened for Public Hearing. No comment forthcoming. President McSpadden closed the Public Hearing. 10:25:38 PM – President McSpadden opened for motion, discussion and vote. Mayor - Jeff Krauss: Motion Council Member - Erik Garberg: 2nd “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application P14020 and move to approve the Growth Policy Amendment with the contingencies required to complete the application processing.” Discussion followed. 10:27:40 PM – President McSpadden called for a vote on the motion. Mayor - Jeff Krauss: Motion 301 12 Council Member - Erik Garberg: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries unanimously. ITEM 5. ADJOURNMENT 10:28:00 PM – President McSpadden meeting adjourned. This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD). 302 303 304 305 306 307