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HomeMy WebLinkAboutA2 West WindsP-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 1 of 18 P14009, Staff Report for West Winds Ph.2A&B Minor Subdivision Preliminary Plat Public Hearing Date: City Commission meeting is on March 16, 2015 Project Description: A preliminary plat application for a second or subsequent minor subdivision from a tract of record (4.623 acres) to create two lots restricted to affordable housing. Project Location: The property is zoned R-3 (Residential Medium Density District). The property is generally located at Turbulence Lane and North 27th Avenue and is legally described as Lot 5, Block 8 of West Winds Subdivision Phase 2A & 2B, Northwest ¼ of Section 2, Township 2 South, Range 5 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 P15006 and move to approve West Winds Ph. 2A&B Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: Tuesday, March 10, 2015 Staff Contact: Allyson Brekke, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues at this time. Project Summary The property owner and applicant, Summit Management Group, Inc., represented by Madison Engineering, Inc., submitted a preliminary plat application to further subdivide one existing lot within the West Winds Subdivision (a Planned Unit Development) to create two lots restricted to affordable housing. The existing lot was originally contemplated as a multi-housing lot restricted to affordable housing. There is no change in the originally planned density of the property which is 69 units. No additional street or parkland dedication is required for this subdivision. No subdivision or zoning variances are requested with this application. 123 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 2 of 18 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 3 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 10 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11 Preliminary Plat Supplements ........................................................................................... 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY.................................... 16 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 16 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 17 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 17 FISCAL EFFECTS ....................................................................................................................... 18 ATTACHMENTS ......................................................................................................................... 18 124 P-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 3 of 18 SECTION 1 - MAP SERIES 125 P-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 4 of 18 126 P-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 5 of 18 127 P-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 6 of 18 128 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 7 of 18 Figure 1: West Winds Ph. 2A&B Minor Subdivision (plat portion) 129 P-15006, Staff Report for WEST WINDS PH. 2A&B MINOR SUBDIVISION Page 8 of 18 SECTION 2 – REQUESTED VARIANCES No variances are requested with this preliminary plat application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and 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 final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 4. 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. 5. 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 conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot as approved and allocated in the West Winds Planned Unit Development. 130 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 9 of 18 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. B. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: West Winds Ph. 2A&B Minor Subdivision Preliminary Plat File: P5006 The Development Review Committee (DRC) reviewed the Preliminary Plat application on February 25 and March 4, 2015. On March 4, 2015, the DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, finds that the application, with the recommended conditions of approval, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. 131 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 10 of 18 SECTION 6 - STAFF ANALYSIS AND FINDINGS 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 no. 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. Therefore, the subdivision will be in compliance with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearing before the City Commission has been properly noticed as required by the Bozeman UDC. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. A preliminary plat application was submitted to the Department of Community Development on February 11, 2015 and was deemed acceptable for initial review on February 18, 2015. The preliminary plat was reviewed by the DRC on February 25 and March 4, 2015. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 4, 2015. 132 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 11 of 18 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March 1, 2015. The site was posted with a public notice on February 27, 2015. 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 February 26, 2015. No comment has been received as of the production date of this report. On March 9, 2015 this minor subdivision preliminary plat application staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission which is scheduled to make a final decision at their March 16, 2015 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by June 4, 2015. 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. Some conditions of approval and code corrections are noted to complete the application processing as the project proceeds to final plat. 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. 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 standard 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 property is zoned for residential development and is within a developed neighborhood that has previously undergone subdivision review and approval. Therefore, this subsequent subdivision will have no adverse effects on agriculture. 133 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 12 of 18 2) The effect on Agricultural water user facilities No agricultural water user facilities were identified on the subject property. The property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, has previously undergone subdivision review and approval, and has begun to be developed. Therefore, this subsequent subdivision will have no adverse effects on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. No additional water and sewer mains are required to service the proposed subdivision. 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. The proposed density is identical to that previously approved for the site therefore; little if any additional impacts on local services will be caused by this subdivision. 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 including curb, gutter, pavement, boulevard sidewalks and storm water facilities. 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. 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 – A waiver was requested and granted for Parks and Recreation Facilities Supplement information as the site is within an existing subdivision and planned to allow up to 69 affordable housing units. Park dedication already occurred for these affordable housing units to meet Section 38.27, BMC. The development is still planned for affordable housing and no additional density is proposed, therefore, additional parkland is not required. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions were made with the original subdivision for the control of noxious weeds and maintenance of the property. 5) The effect on Wildlife and wildlife habitat The further subdivision of the existing lot will have little to no impacts on wildlife and wildlife habitat. The impacts to the more important habitat areas were addressed and mitigated during the review of the original subdivision and are preserved as open space and/or parklands. Further, the project is in an area identified for development. 134 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 13 of 18 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. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 14, 2015. 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 the nature of this previously platted/developed property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-application plan review application for: 1) groundwater 2) geology-soils-slopes, 3) surface water, 4) floodplains, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities, 10) educational facilities, 11) land use, 12) neighborhood center 13) miscellaneous, 15) affordable housing, 16) stormwater management, 17) street, roads and alleys, 18) utilities, 19) parks and recreational facilities, and 20) lighting plan. A waiver to the supplemental information for 1) water and sewer was not granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Supplemental information waived by the DRC. The subject property has previously undergone subdivision review where surface water was considered. Cattail Creek and two irrigation ditches are located within the West Winds Subdivision and located outside of and to the west of the subject property. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. The subject property has previously undergone subdivision review where floodplains and wetlands were considered. Cattail Creek that bisects the West Winds Subdivision south to north has fostered the growth of wetland species creating a jurisdictional wetland corridor through the subdivision. Wetland delineation for the entire West Winds Subdivision occurred in July 2003. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. The subject property has previously undergone subdivision review where groundwater was considered. With the original West Winds Subdivision, crawl spaces were recommended for new construction. 135 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 14 of 18 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The property is relatively flat and the existing Cattail Creek and Farmers Canal lateral that bisect the West Winds Subdivision is located further west of the property. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. No significant or critical vegetation exists on the subject property with exception to what is occurring and is preserved in the wetland areas. Noxious weeds are being controlled by the required Noxious Weed Management Plan. In addition, there are ongoing performance measures required with the Weed Management Plan to ensure control of noxious weeds on site. 38.41.060.A.6 Wildlife Supplemental information waived by the DRC. This is a developing urban area. According to the West Winds Subdivision submittal there are no known species of concern within the proposed subdivision area. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. According to the West Winds Subdivision submittal there was no indication of any prehistoric or historic cultural resources on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not currently being used for agriculture. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a developing area and there no agricultural water user facilities on or adjacent to the site. 38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system. Public infrastructure improvements adjacent to the property (roads, water, and sewer) have been constructed to City of Bozeman standards around the perimeter of the property. Additional water and sewer lines will be constructed to serve each individual lot. The north- south division of the existing lot will allow easier connections to water and sewer. 38.41.060.A.11 Stormwater Management Supplemental information waived by the DRC. This is in a developed urban area with on site storm water control. 136 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 15 of 18 38.41.060.A.12 Streets, Roads and Alleys Supplemental information waived by the DRC. This is in a developed urban area with all streets constructed to City standards. Sidewalk improvements along Turbulence and Tschache will either need to be financially guaranteed with the filing of the final plat. 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 the location of all public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. 38.41.060.A.14 Educational Facilities Supplemental information waived by the DRC. No additional density is being proposed with this subdivision. The issue was previously addressed with the West Winds Subdivision. 38.41.060.A.15 Land Use Supplemental information waived by the DRC. The two proposed lots comply with the existing zoning designation of R-3. 38.41.060.A.16 Parks and Recreation Facilities Supplemental information waived by the DRC. Required parkland and recreation facilities were dedicated with the original subdivision. The subject property was planned to allow up to 69 affordable housing units. Park dedication already occurred for these affordable housing units to meet Section 38.27, BMC. The development is still planned for affordable housing and no additional density is proposed, therefore, additional parkland is not required. 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC. A neighborhood center is not included or required with this subdivision. The subdivision does not meet the requirements to require a neighborhood center. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting is being proposed with this subdivision. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing requirements, Article 10.8, BMC, have been suspended by the City Commission. 137 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 16 of 18 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R- 3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 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 existing lot was originally intended to accommodate 69 multi-household, affordable housing dwelling units. The proposed subdivision is intended to maintain the same density as originally planned. 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. APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The property owner and applicant, Summit Management Group, Inc., represented by Madison Engineering, Inc., submitted a preliminary plat application to further subdivide one existing lot within the West Winds Subdivision (a Planned Unit Development) to create two lots restricted to affordable housing. The existing lot was originally contemplated as a multi-housing lot restricted to affordable housing. There is no change in the originally planned density of the 138 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 17 of 18 property which is 69 units. No additional street or parkland dedication is required for this subdivision. No subdivision or zoning variances are requested with this application. Parkland will be provided by existing park areas dedicated with the original West Winds Subdivision Planned Unit Development. APPENDIX C – NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on December 18, 2014. The pre-application was reviewed by the Development Review Committee (DRC) on January 7 and 14, 2015 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. A preliminary plat application was submitted on February 11, 2015 and was deemed acceptable for initial review on February 18, 2015. The preliminary plat was reviewed by the DRC on February 25 and March 4, 2015. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 4, 2015. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March 1, 2015. The site was posted with a public notice on February 27, 2015. 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 February 26, 2015. No comment has been received as of the production date of this report. On March 9, 2015 this subsequent minor 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 is scheduled to make a final decision at their March 16, 2015 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by June 4, 2015. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Summit Management Group, Inc., 283 West Front Street, Suite 1, Missoula, MT 59802 Applicant: Same as owner. Representative: Madison Engineering, Inc., Attn: Chris Budeski, 895 Technology Boulevard, Suite 203, Bozeman, MT 59715 Report By: Allyson Brekke, Associate Planner 139 P-15006, Staff Report for WEST WINDS PH2A&B MINOR SUBDIVISION Page 18 of 18 FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Staff Report 2. Applicant’s submittal materials The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 e-mail: meridiansurveying@yahoo.com MERIDIAN LAND SURVEYING, INC. www.meridianmontana.com 1970 STADIUM DRIVE, SUITE B, BOZEMAN MT, 59715 TOM GNAUCK | 406.580.4495MIKE LAPP | 406.579.1746 WV WV PT 47354735473547354735 473547354735 PHN STOP CB CB MH MH CB CB MH PHN LP PHN MH PHN47404740 H F CS LP PT PT MH N 89° 43' 51" E - 480.39' (R) N 89° 43' 02" E - 480.25' (M)S 01° 36' 31" W - 413.39' (R)S 01° 36' 57" W - 413.28' (M)N 88° 23' 05" W - 341.99' (R) N 88° 25' 11" W - 341.70' (M) N 30° 45' 29" E - 71.46' (R) N 30° 44' 30" E - 71.49' (M) CH. L. = 192.24' CH. BRG. = N 15° 41' 28" E L = 194.47' (M) 194.38' (R) Δ = 30° 06' 07" (M) 30° 06' 02" (R) R = 370.15' (M) 370.00' (R) NON-TANGENT CURVE N 00° 39' 27" E - 48.48' (R) N 00° 38' 24" E - 48.50' (M) N 00° 39' 27" E - 46.63' (R) N 00° 43' 23" E - 46.51' (M) 42.67' 299.03' 189.71'290.54'403.93'N 02° 50' 37" E(406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59718 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 OF SHEET Scale 1" = ' Sec.T.R. 1/4 N 2 1 1 (EPOCH:2010) OPUS - NAD 83 (CORS2011) Long. W 111° 04' 26.57120" Lat. N 45° 41' 52.29140" Geodetic North at BASIS OF BEARING WEST WINDS MINOR SUBDIVISION No. 2 lots 4.623 acres Subdivision Area: CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LOCATED NORTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., A MINOR SUBDIVISION OF LOT 5, BLOCK 8 OF WEST WINDS MAJOR SUBDIVISION PHASE 2A & 2B PRELIMINARY AMENDED PLAT THIS SURVEY WAS PERFORMED FOR OWNER OF RECORD: SUMMIT MANAGEMENT GROUP INC. THE PURPOSE OF THIS SURVEY IS TO CREATE A 2-LOT MINOR SUBDIVISION STONERIDGE 148-021-29-15 TG ML ML 2 S.5 E. 30 City of Bozeman, Montana Director of Public Works _____________________________________________________________ DATED this _____________ day of __________________, ____________. being dedicated to such use. City of Bozeman for the public use of any and all lands shown on the plat as conform to the law, approves it, and hereby accepts the dedication to the the accompanying plat has been duly examined and has found the same to I, Director of Public Works, City of Bozeman, Montana, do hereby certify that CERTIFICATE OF DIRECTOR OF PUBLIC WORKS Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o'clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER Director of Public Works ______/______/2015______________________________________ Registration No. 10825 PE Chris Budeski, PE ______/______/2015______________________________________ SUMMIT MANAGEMENT GROUP INC. ????? ______/______/2015______________________________________ infrastructure improvements, subject to the above indicated warranty. the City of Bozeman, and the City hereby accepts possession of all public The subdivider grants possession of all public infrastructure improvements to for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby warrants against defects in these improvements 2. 1. the Improvements Agreement for West Winds Minor Subdivision No. ______ : The following improvements have been financially guaranteed in accordance with 3. 2. 1. Installed Improvements: accompanying this plat. or financially guaranteed and covered by the improvements agreement have been installed in conformance with the approved plans and specifications, of this title or as a condition(s) of approval of West Winds Minor Subdivision No. ______ certify that the following improvements, required to meet the requirements professional engineer licensed to practice in the State of Montana, hereby I, ___________________ ,Subdivider, and I, Chris Budeski, a registered CERTIFICATE OF COMPLETION OF IMPROVEMENTS City of Bozeman, Montana Director of Public Works _________________________________________________________ DATED this _____________ day of __________________, ____________. review. is excluded from the requirement for Montana Department of Environmental Quality facilities. Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision and can be provided with adequate storm water drainage and adequate municipal of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, City of Bozeman, Montana, a first-class municipality, and within the planning area Gallatin County, Montana, is within the West Winds Minor Subdivision No. ______ , DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Minor Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet, The undersigned property owners, hereby grant unto each and every person, firm or corporation, dedicated to the public for which the city accepts responsibility for maintenance include: dedicated to public use. The lands included in all streets, avenues, alleys and parks or public squares obligation to maintain the lands included in all streets, avenues, alleys and parks or public squares hereby City accepts no responsibility for maintaining the same. The owners agree that the City has no avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and The above described tract of land is to be known and designated as West Winds Minor Subdivision No. ______ Montana. of Section 2, Township 2 South, Range 5 East, Priciple Meridian Montana (P.M.M), Gallatin County, County Clerk and Recorder located in the Northeast One-Quarter and Southeast One-Quarter A tract of land being Lot 5, Block 8, of West Winds Subdivision Phase 2A & 2B on record with the Gallatin the following described tracts of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION My commission expires 11/26/2015 Bozeman, MT 59715 895 Technology Boulevard Residing at: Notary Public for the State of Montana Chris Budeski Signature ______________________________________________ Notarial Seal the day and year first written above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Corporation executed the same. executed the within instrument and acknowledged to me that such ???? known to me to be the President of the Corporation, before me, a Notary Public in and for said state, personally appeared On this ______________day of ______________________, 2015, County of ________________________) s.s. State of _________________________) ????, ???? __________________________________________By: SUMMIT MANAGEMENT GROUP, INC. Montana Registration No. 18,342 L.S. Michael S. Lapp, PLS _______________________________ Dated this 28th day of January, 2015. and the Bozeman Municipal Code. the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), accompanying plat and as described in accordance with the provisions of Michael S. Lapp, and platted the same as shown on the certify that between December 13th, 2014, and ______________, 2015 I surveyed I, Michael S. Lapp, the undersigned, Registered Land Surveyor, do hereby CERTIFICATE OF SURVEYOR � A NATNOM �ROYEVRUS DNAL LA NOISSE FORP DERETSI GERNo. 18342 LS LAPP MICHAEL S. HOUSING ONLY AFFORDABLE RESTRICTED TO 1.859 ACRES LOT 5A HOUSING ONLY AFFORDABLE RESTRICTED TO 2.764 ACRES LOT 5B block 8 ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 4B ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 4A ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 3B ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 3A ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 2B ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 2A ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 1B ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 1A ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 4B block 5 ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 5 ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 5 block 6 ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 6A ZONE R3 PH. 2A & 2B WEST WINDS SUB. LOT 4B block 7 ZONE R3 PH. 1A & 1B WEST WINDS SUB. PARK ZONE R3 PH. 1A & 1B WEST WINDS SUB. PARK ZONE R3 PH. 1A & 1B WEST WINDS SUB. PARK ZONED R4 COS 1256 TRACT 1 ZONED R3 ANNIE SUB. PH 2 LOT 5 block 7block 6 block 5 Right-of-Way Record Measured (Not Utilized By This Survey) Found Property Corner Found Property Corner Meridian Orange Plastic Cap Easement Line Adjoining Property Boundary Line Property Boundary Line R.O.W. (R) (M) SUMMIT MANAGEMENT GROUP, INC. ?????? ______/______/2015______________________________________ Document Number___________________ Document Number___________________ Document Number___________________ property owners association created by The subdivider hereby grants ownership of all non-public infrastructure improvements to the 3. 2. 1. Financially Guaranteed Improvements: 3. 2. 1. Installed Improvements: covered by the subdivision improvements agreement accompanying and recorded with this plat. Chapter 38 or other City design standards, or have been financially guaranteed and are with any approved plans and specifications prepared in accordance with the standards of condition of approval of the subdivision plotted herewith, have been installed in conformance required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as I, ___________________, hereby further certify that the following non-public improvements, for maintaining the same. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility 3. 2. 1. below for their use and enjoyment: The following are hereby granted and donated to the property owners association noted COMPLETION OF NON-PUBLC IMPROVEMENTS CERTIFICATE OF TRANSFER OF OWNERSHIP & SUB PH 2A & 2B PER WEST WINDS 12' UTILITY EASEMENT SUB PH 2A & 2B PER WEST WINDS 12' UTILITY EASEMENT SUB PH 2A & 2B PER WEST WINDS 12' UTILITY EASEMENT PROJECT AREA BOUNDARY LEGEND TURBULENCE LANE - 60' R.O.W. TSCHACHE LANE - 60' R.O.W.NORTH 27TH AVE. - 45' R.O.W.VICINITY MAP NOT TO SCALE 165