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Home My WebLink AboutA6. Legends at Bridger Creek Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat P14022 Condition of Approval Consideration MEETING DATE: April 13, 2015 AGENDA ITEM TYPE: Action RECOMMENDATION: Provide staff direction on permitted procedural path to address the concerns associated with Condition No. 24 of the Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat Application, P14022. RECOMMENDED MOTION: “I move to direct the City Manager to place an action item on the City Commission agenda of April 27, 2015, to consider amending Condition 24 of the Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat." SUMMARY: The Legends II Homeowners Association (HOA) has asked the City Commission to consider amending a condition of approval for the Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat. Staff was contacted by the HOA requesting a modification to the condition of approval. Upon review of the Unified Development Code and consultation with the City Attorney’s Office, the condition can be amended by through Section 38.01.070.B, which requires modifications of conditions of approval are reviewed through the same process as the original application. BACKGROUND: On July 21 and August 11, 2014, the City Commission held a public hearing on an application for preliminary plat approval for the Legends at Bridger Creek II, Phase III Major Subdivision. The subject property was originally designed as a Planned Unit Development (PUD). The PUD subsequently expired. The property owner submitted a standalone subdivision to allow the subdivision of 24.69 acres into 51 single-household lots, related streets, an alley, open space. All parkland was previously dedicated with Legends II, Phase 2. Considerable discussion concerning park land, trail connectivity, and improvements to parkland were heard. Public comment was taken although no members of the Legends II Home Owners Association (LIIHOA) provided comment. After public comment was closed and the Commission entered board discussion; during board discussion the Commission moved to add a condition of approval to require the developer to install a public restroom facility. Therefore Condition No. 24 was included which states: The developer shall install adequate restroom facilities within the Legends at Bridger Creek II, Public Park 1 prior to final plat approval. The location and construction design of the facility shall be reviewed and approved by the Director 324 of Parks, Recreation and Cemetery and the Community Development Department prior to construction. All required building permits shall be acquired prior to commencing construction. The Legends II Public Park 1 is with the first phase of the development. The park is dedicated to the public and maintained by the LIIHOA. The Commission approved (4:1) the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. On September 22, 2014 the Commission authorized the Mayor to sign the Findings of Fact and Order (attached). Legends II, Phase 3 final plat has not been approved or filed with the Gallatin County Clerk and Recorder. On November 10, 2014, staff was contacted by the LIIHOA about concerns of ongoing maintenance, security, and other issues of the restroom facility. As a result staff has had numerous discussions with the representatives of LIIHOA concerning the alternatives at their disposal allowed by code provisions found in Chapter 38. Based on the available information two alternatives (November 11, 2014 email attached) were identified to address condition 24. Alterative 1 Section 38.01.070.B, BMC - Conditions of approval. This section states that conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless certain conditions are present. In an effort to address the concerns raised staff examined whether or not 38.01.070.B.1 was triggered. Specifically, whether or not that the public comment provided after the close of the public comment period opposing the new condition the public did not have an opportunity to consider and comment on could be considered to modify condition No. 24. Section 38.01.070.B.1 states, “The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action.” Upon further review staff determined (email dated March 3, 2015 attached) this provision was not met found that changes to Condition No. 24 amounts to a material modifications as defined by Section 38.01.070.B, BMC which states: “…material modifications (e.g., changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of section 38.03.040.A.5.h may also apply to revisions of conditions for preliminary plats.” [the remainder of the text of Section 38.01.070.B omitted]. Alterative 2 Section 38.03.040.A.5(h), BMC – Changes to conditions after approval. To modify conditions of after approval requires the following procedure. Upon written request of the developer, the city commission may amend conditions of subdivision application approval where it can be found that errors or 325 changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal shall be subject to the provisions of section 38.01.070. 1) The written request shall be submitted to the planning department. 2) The written consent of all purchasers of land (via contract for deed, etc.) shall be included with the written request to amend conditions. 3) If it is an application for a major subdivision, the city commission shall conduct a public hearing on the request. If it is an application for a minor subdivision, the city commission shall consider the request at a regularly scheduled meeting. a. If a public hearing is held, public notice of the hearing shall be given in accordance with this chapter. 4) The city commission may approve the requested change if it meets the criteria set forth in this chapter. 5) The city commission shall issue written findings of fact as required in this chapter. As noted above Section 38.01.070, BMC modifications of conditions of approval shall be reviewed through the same process as the original application including applicable subdivision review fees, in other words re-submitting the subdivision application. Subsequently, the LIIHOA pursued a third alternative by appealing directly to the Commission. Additional context outlined in the attached email dated March 3, 2015. In conclusion, staff is bound by the applicable code provisions to address this issue. The Department has determined the appropriate mechanism to modify Condition No. 24 is through Section 38.01.070.B. UNRESOLVED ISSUES: None. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Set a process and schedule to consider the issue raised by the Legends II Home Owner Association 2. The City assumes maintenance of the installed restroom facility 3. Other alternatives identified by the Commission FISCAL EFFECTS: Considerable staff, Home Owners Association, and applicant time has been applied to this issue. Additional resources may be required to bring this concern to fruition. Report compiled on: April 7, 2015 Attachments: Applicant Request Legends II, Phase 3 Preliminary Plat Findings of Fact and Order Legends II, Phase 1 Preliminary Plat November 11, 2014 email process March 3, 2015 email determination March 3, 2015 email process 326 327 328 329 From:Tom Rogers To:kathi@lunaproperties.biz Cc:Carolyn Poissant Subject:RE: Legends of Bridger Creek II phase 3 Date:Monday, November 24, 2014 1:34:00 PM Kathie, Based the information I have what is being requested is what is called a “modification of a Condition of approval”. I believe Carolyn has spoken to you about the procedural requirements involved. The process to achieve the desired outcome is listed under Section 38.03.040.A.5.h and 38.01.070.B, BMC. I believe the latter code provision is applicable in this case. The request is not insignificant as the condition was required by the City Commission. The City Commission will evaluate the request. As noted earlier, the request is a material modification to a condition of approval and therefore, will require a subdivision application to initiate the request. The link to the application can be found HERE and HERE. The application materials will need to be signed by the property owner(s). The application fee and submittal requirements are detailed here. Sincerely, Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Monday, November 24, 2014 10:26 AMTo: PlanningSubject: Legends of Bridger Creek II phase 3Importance: High Tom, Legends of Bridger Creek II would like to amend section 24 of the attached plat approval of phase 3, regarding the restroom. Where do we find the paperwork to do so? Thanks! Kathi Cowdrey 331 HOA Manager 40 East Main Street – Suite 210 Bozeman, MT 59715 406.582.7490 office406.582.0709 fax kathi@lunaproperties.biz 332 From:Tom Rogers To:"Kathi Cowdrey" Cc:Chris Saunders Subject:RE: Restroom Request Letter for Guinness Date:Tuesday, March 03, 2015 10:55:00 AM Kathi, Thank you again for providing all the documentation and your patience in our response. I provided theinformation to the Community Development Department for consideration. The Department determinedthat the request does not meet Section 38.01.070, BMC and is considered a material change. Thedetermination was based on the fact that the Commission held a public hearing on the subdivision,park, and park improvements and interested parties had an opportunity to provide comment on theapplication. Supporting the determination is that request did not meet the intent of this code provision. Therefore, the means to modify or eliminate the condition in question is through the change ofcondition process outlined in Section 38.01.070.B. This requires re-submitting a preliminary platapplication with the appropriate review fees. However, due to the nature of the situation and requestnot all materials would be required to be submitted with the request. If you have any questions or concerns please do not hesitate to contact me. Sincerely, Tom Rogers, AICPDepartment of Community DevelopmentCity of Bozeman406.582.2268trogers@bozeman.net -----Original Message-----From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz]Sent: Tuesday, February 17, 2015 10:54 AMTo: Tom RogersCc: Chris SaundersSubject: RE: Restroom Request Letter for Guinness Tom, When we spoke on the phone, you mentioned that we could try what 38.03.040 h suggests and that isa written request from the developer. The developer is not going to open this up to approval again. That is why when we spoke you suggested this letter option that may work and not risk the applicationhad to be reopened. Is this not correct? Kathi -----Original Message-----From: Tom Rogers [mailto:TRogers@BOZEMAN.NET]Sent: Tuesday, February 17, 2015 10:29 AMTo: Kathi CowdreyCc: Chris SaundersSubject: RE: Restroom Request Letter for Guinness Kathi, 333 Although I may be misunderstanding what is being requested I believe more documentation is needed,an application, and the appropriate review fees. Please refer to the email correspondence dated November 24, 2014. In that email I outline what is required to request a modification to an approvedsubdivision and/or modification of a condition of approval. At this juncture I would suggest consulting with Morrison Maierle, Inc. and Guinness Partners, Inc. tocoordinate an application. Sincerely, Tom Rogers, AICPDepartment of Community DevelopmentCity of Bozeman406.582.2268trogers@bozeman.net -----Original Message-----From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz]Sent: Tuesday, February 17, 2015 9:44 AMTo: Tom RogersCc: Chris SaundersSubject: RE: Restroom Request Letter for Guinness Tom, Do we need to do anything else? What kind of time frame do you think for a response? Thanks! Kathi -----Original Message-----From: Tom Rogers [mailto:TRogers@BOZEMAN.NET] Sent: Tuesday, February 17, 2015 9:37 AMTo: Kathi CowdreyCc: Chris SaundersSubject: RE: Restroom Request Letter for Guinness Kathi, This confirms that the email was received. The information and comments will be archived. Sincerely, Tom Rogers, AICPDepartment of Community DevelopmentCity of Bozeman406.582.2268trogers@bozeman.net -----Original Message-----From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Monday, February 16, 2015 12:35 PMTo: Tom RogersSubject: FW: Restroom Request Letter for Guinness Tom, 334 Can you let me know you received this? Thanks! Kathi -----Original Message-----From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz]Sent: Friday, February 13, 2015 3:41 PMTo: Tom Rogers (TRogers@BOZEMAN.NET)Subject: FW: Restroom Request Letter for Guinness Tom, Here is the letter with the attachments-emails from owners and a city park inventory showing that theonly parks that have restrooms in Bozeman are city maintained. Let me know if you need me to send this in the mail also. Have a great weekend! Kathi -----Original Message-----From: Jim McLeod [mailto:jmcleod@farranco.com]Sent: Friday, February 13, 2015 3:22 PMTo: Kathi CowdreyCc: Matthew EkstromSubject: Restroom Request Letter for Guinness Hi, Kathi. Please let me know if you have any questions. Thanks, Jim Jim McLeodManaging DirectorFarran Realty Partners, LLC101 East Front - Suite 304Missoula, MT 59802406.360.4653 jmcleod@farranco.comwww.FarranCo.comAll City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art.II, Sect. 9) and may be considered a “public record” per Sect. 2-6-202 and Sect. 2-6-401, MontanaCode Annotated. As such, this email, its sender and receiver, and the contents may be available forpublic disclosure and will be retained pursuant to the City’s record retention policies. Emails that containconfidential information related to individual privacy may be protected from disclosure under law. All City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art.II, Sect. 9) and may be considered a “public record” per Sect. 2-6-202 and Sect. 2-6-401, MontanaCode Annotated. As such, this email, its sender and receiver, and the contents may be available forpublic disclosure and will be retained pursuant to the City’s record retention policies. Emails that containconfidential information related to individual privacy may be protected from disclosure under law. 335 From:Chris Kukulski To:Daniel Gaugler Cc:Tom Rogers; Greg Sullivan; Robin Crough Subject:Re: Restrooms in Legends Date:Thursday, March 26, 2015 7:15:22 PM Thank you for your email. I have already begun discussing this with citycommissioners in order to gage their support for this proposal. I will circle back to you no later than Friday of next week to let you know thetemperature of the commission. Chris KukulskiBozeman City ManagerSent from my iPhone On Mar 26, 2015, at 4:56 PM, Daniel Gaugler <dgaugler@gmail.com> wrote: Hi Chris, I’m writing to you to the concerns of the Homeowners Association inLegends II subdivision. I gave public comment on March 16th at thecommission meeting expressing these concerns as well. When the city commission approved the Legends II, Phase III plat, theyadded a condition that has created significant concern and dissatisfactionfrom the homeowners. Condition 24 states “The developer shall installadequate restroom facilities within the Legends at Bridger Creek II, PublicPark 1....” We feel that there no need for the restroom, but that the addition of oneraises concerns for public safety and nuisance issues as well as addedmaintenance liability to the HOA. · As a safety concern, it will fall to the HOA to police the area sincethe subdivision is on the edge of town and out of the way for any regularpolice patrol. There will be an increased likelihood of potential vandals,vagrants, etc. "making use" of the facilities in a manner inconsistent withits intended use. · As a maintenance issue, a public amenity such as a restroom issimply beyond the scope of a HOA to maintain properly and safely, andexposes the HOA to many liabilities in terms of shared responsibilities. · As a public amenity, the HOA feels, this brings almost no benefitto neighbors of the park, and only serves as a detractor for theneighborhood and the HOA as a whole. · Beyond convenience, and the size and use pattern of the parksimply doesn't warrant it. There are only a few other parks withfunctioning restrooms in town, and those are typically parks with agreater public use and rentable amenities, and they are maintained by 336 the city We have worked with the developer and the department of communitydevelopment to try and come up with an alternative. We have gottenwritten commitment from the developer, Guinness Partners/Jim McLeodthat in exchange of building the restrooms they would consider deedingthe 1.219 acres that was originally designated for the club house asadditional park area. This would increase the park area by 23% and webelieve benefit the home owners and the citizens of Bozeman more thanthe restrooms. To modify the condition requiring the bathroom requires re-submittingthe preliminary plat application. According to Bozeman Code ofOrdinances Section 38.03.040.A.5(h) (scroll down to the last entry)speaks to changes after approval. According to the city planning boardand our understanding we believe that this change does not meet therequirements and we would be required to follow Section 38.01.070, BMC for modification. The request for modification is significant and beyond the ability of theHOA. While we have found the developer has been very cooperative wecannot force him to resubmit the application and have the entireapplication considered to be again opened for review and additionalconditions. He has indicated that he is not inclined to re-submit the platapplication. We respectfully request that you reconsider condition 24. We suggestthat as an alternative, we work with the developer to deed the land thatwas originally designated for the clubhouse to the HOA as additional parkarea. We I have attached a signed letter we drafted with GuinnessPartners and sent to the city department of planning that indicates theirintent to do this. This tract of land has tremendous value to thehomeowners and we believe would benefit the citizens of Bozemangreatly. Thank you for your consideration and we look forward to your response. Daniel Gaugler – HOA president Legends II 406-570-4675 On Thu, Mar 26, 2015 at 8:42 AM, Greg Sullivan<gsullivan@bozeman.net> wrote: Hi Daniel. Please contact Chris Kukulski, City Manager. I copied him on this email. 337 Greg From: Daniel Gaugler [mailto:dgaugler@gmail.com] Sent: Wednesday, March 25, 2015 4:07 PMTo: Greg SullivanSubject: Restrooms in Legends Hi Greg, It was nice to meet you at the city commission meeting. I waswondering if any further progress has been made? Anything we as the hoa/homeowners can do we are happy to. Thanks, Daniel Gaugler All City of Bozeman emails are subject to the Right to Know provisionsof Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record”per Sect. 2-6-202and Sect. 2-6-401, Montana Code Annotated. As such, this email, itssender and receiver, and the contents may be available for public disclosure and will beretained pursuant to theCity’s record retention policies. Emails that contain confidentialinformation related to individual privacy may be protected from disclosure under law. <Guinness HOA Letter .pdf> <legends restroom responses (1).pdf> <restroom emails (3).pdf> <Restroom emails (4).pdf> <restroom emails(5).pdf> <restroom letters (2).pdf> 338 From:Daniel Gaugler To:Tom Rogers Subject:Legends II Restroom Date:Monday, April 06, 2015 8:55:03 PM Hi Tom, The commission approved to add the condition requiring a restroom to the agendanext Monday. I'm hoping to gather some public comment from the homeowners butwould like to hear any suggestions that you and your team would support instead ofthe restrooms. i.e. Covered picnic area, additional playground equipment, basketballcourts, ect. We have worked with the developer and have commitment from him that he willwrite a check for a fixed amount of $30,000 for improvements to the park andwould deed the 1.219 acres was originally designated for the club house asadditional park area. This would increase the park area by 23%, this is a veryvaluable piece of property and we believe is a keystone to this park. We think that this is an opportunity to work with the homeowners, community andcreate something that is more usable for our community. Thanks for your help, Daniel Gaugler406-570-4675 339 From:Daniel Gaugler To:Tom Rogers Subject:Re: FW: Restroom Request Letter for Guinness Date:Monday, March 16, 2015 7:24:14 PM Hi Tom, I just wanted to write and say thank you for your guidance in front of the citycommission. It sounded like I would hear from your department on how we couldmake some changes. Thanks, Daniel On Fri, Mar 13, 2015 at 1:37 PM, Tom Rogers <TRogers@bozeman.net> wrote: Mr. Gaugler, Thank you for your time on the phone today. We use the following code section when determining what process to follow when requesting a change to a subdivision condition of approval. Section 38.03.040.A.5(h) (scroll down to the last entry) speaks to changes after approval. If the proposed changes do not meet this section then you follow Section 38.01.070 for modification. The link is below. Here is the Agenda for March 16 for reference. Public comment is not the first item but “F”. Please contact me with any questions. Sincerely, Tom Rogers, AICP Department of Community Development City of Bozeman 340 406.582.2268 trogers@bozeman.net From: Tom Rogers Sent: Friday, March 13, 2015 11:22 AMTo: 'Daniel Gaugler'Cc: David; Clint Sly; KathiSubject: RE: FW: Restroom Request Letter for Guinness Mr. Gaugler, I have had a number of correspondence with Kathi on this matter so she may be able to provide some additional detail as well. In this case, to modify the condition requiring the bathroom requires re-submitting the preliminary plat application. Please see Section 38.01.070, BMC. Re-submitting the application for review is an undertaking. Any application will requiring authorization from the property owner and review fees. I am assuming my response is not good news, unfortunately I do not have the authority to address the request, only the City Commission does. If you have any other questions please let us know. Sincerely, Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net 341 From: Daniel Gaugler [mailto:dgaugler@gmail.com] Sent: Friday, March 13, 2015 10:56 AMTo: Tom RogersCc: David; Clint Sly; Kathi Subject: Fwd: FW: Restroom Request Letter for Guinness Hi Tom, Any direction on this? Daniel ---------- Forwarded message ----------From: Daniel Gaugler <dgaugler@gmail.com>Date: Wed, Mar 4, 2015 at 8:26 PMSubject: Fwd: FW: Restroom Request Letter for GuinnessTo: TRogers@bozeman.netCc: Kathi <kathi@lunaproperties.biz>, Clint Sly <clintsly@aol.com>, David<drdavidlbass@aol.com> Tom, I think that it is important to note that this is a request on behalf of the LegendsHOA and citizens of Bozeman to have this change made, not the developer. Wehave worked closely with the developer and to find an alternative resolution thatwe feel serves the homeowners and citizens of Bozeman. But we can not force thedeveloper to resubmit the application. What can we do as members of the HOAand the citizens of Bozeman to request a change? It's my understanding that the last public hearing was to approve the plat andthere was no mention of additional facilities that would be an additional HOAresponsibility before the hearing. If there was mention of the restrooms before thehearing, I for one would have attended. I watched the video of the public hearingthe the condition was brought up after the public comment and was never opened up to public comment or rebuttal. 342 If you want to watch just the discussion on the restrooms it was right around 8:00pm I appreciate your advice on how we as citizens can have a voice in this matter. Daniel Gaugler 406-570-4675 ---------- Forwarded message ---------- From: Tom Rogers [mailto:TRogers@BOZEMAN.NET] Sent: Wednesday, March 04, 2015 1:59 PMTo: Kathi CowdreySubject: RE: Restroom Request Letter for Guinness Kathi, The review would be focused only on the parkland and the requirements of thebathroom. However, it is the same process to modify the subdivision so if there isdesire to change the number of lots, street network, or other change they couldbe combined. The required materials are not insignificant. The Preliminary Plat applicationdetails what is needed. A “common form” is required as well. Most of the requireddocumentation only needs a statement that it is not needed, all the parklandrelated information will be required to accompany the application with theappropriate fees. Once again, I hope this helps. Sincerely, 343 Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net -----Original Message-----From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Tuesday, March 03, 2015 1:18 PMTo: Tom RogersCc: Chris SaundersSubject: RE: Restroom Request Letter for Guinness Thanks, Tom. So would this mean that his subdivision would be up for approval again if we didthe next option? What materials would be required? Kathi -----Original Message----- From: Tom Rogers [mailto:TRogers@BOZEMAN.NET] Sent: Tuesday, March 03, 2015 10:55 AM To: Kathi Cowdrey Cc: Chris Saunders Subject: RE: Restroom Request Letter for Guinness Kathi, Thank you again for providing all the documentation and your patience in our 344 response. I provided the information to the Community Development Departmentfor consideration. The Department determined that the request does not meetSection 38.01.070, BMC and is considered a material change. The determinationwas based on the fact that the Commission held a public hearing on thesubdivision, park, and park improvements and interested parties had anopportunity to provide comment on the application. Supporting the determinationis that request did not meet the intent of this code provision. Therefore, the means to modify or eliminate the condition in question is throughthe change of condition process outlined in Section 38.01.070.B. This requires re-submitting a preliminary plat application with the appropriate review fees. However, due to the nature of the situation and request not all materials would berequired to be submitted with the request. If you have any questions or concerns please do not hesitate to contact me. Sincerely, Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net -----Original Message----- From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Tuesday, February 17, 2015 10:54 AM To: Tom Rogers Cc: Chris Saunders Subject: RE: Restroom Request Letter for Guinness 345 Tom, When we spoke on the phone, you mentioned that we could try what 38.03.040 hsuggests and that is a written request from the developer. The developer is notgoing to open this up to approval again. That is why when we spoke yousuggested this letter option that may work and not risk the application had to bereopened. Is this not correct? Kathi -----Original Message----- From: Tom Rogers [mailto:TRogers@BOZEMAN.NET] Sent: Tuesday, February 17, 2015 10:29 AM To: Kathi Cowdrey Cc: Chris Saunders Subject: RE: Restroom Request Letter for Guinness Kathi, Although I may be misunderstanding what is being requested I believe moredocumentation is needed, an application, and the appropriate review fees. Pleaserefer to the email correspondence dated November 24, 2014. In that email Ioutline what is required to request a modification to an approved subdivisionand/or modification of a condition of approval. At this juncture I would suggest consulting with Morrison Maierle, Inc. andGuinness Partners, Inc. to coordinate an application. Sincerely, 346 Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net -----Original Message----- From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Tuesday, February 17, 2015 9:44 AM To: Tom Rogers Cc: Chris Saunders Subject: RE: Restroom Request Letter for Guinness Tom, Do we need to do anything else? What kind of time frame do you think for aresponse? Thanks! Kathi -----Original Message----- From: Tom Rogers [mailto:TRogers@BOZEMAN.NET] Sent: Tuesday, February 17, 2015 9:37 AM To: Kathi Cowdrey Cc: Chris Saunders 347 Subject: RE: Restroom Request Letter for Guinness Kathi, This confirms that the email was received. The information and comments will bearchived. Sincerely, Tom Rogers, AICP Department of Community Development City of Bozeman 406.582.2268 trogers@bozeman.net -----Original Message----- From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Monday, February 16, 2015 12:35 PM To: Tom Rogers Subject: FW: Restroom Request Letter for Guinness Tom, Can you let me know you received this? Thanks! 348 Kathi -----Original Message----- From: Kathi Cowdrey [mailto:kathi@lunaproperties.biz] Sent: Friday, February 13, 2015 3:41 PM To: Tom Rogers (TRogers@BOZEMAN.NET) Subject: FW: Restroom Request Letter for Guinness Tom, Here is the letter with the attachments-emails from owners and a city parkinventory showing that the only parks that have restrooms in Bozeman are citymaintained. Let me know if you need me to send this in the mail also. Have a great weekend! Kathi -----Original Message----- From: Jim McLeod [mailto:jmcleod@farranco.com] Sent: Friday, February 13, 2015 3:22 PM To: Kathi Cowdrey Cc: Matthew Ekstrom Subject: Restroom Request Letter for Guinness Hi, Kathi. 349 Please let me know if you have any questions. Thanks, Jim Jim McLeod Managing Director Farran Realty Partners, LLC 101 East Front - Suite 304 Missoula, MT 59802 406.360.4653 jmcleod@farranco.com www.FarranCo.com All City of Bozeman emails are subject to the Right to Know provisions ofMontana’s Constitution (Art. II, Sect. 9) and may be considered a “public record”per Sect. 2-6-202 and Sect. 2-6-401, Montana Code Annotated. As such, thisemail, its sender and receiver, and the contents may be available for publicdisclosure and will be retained pursuant to the City’s record retention policies.Emails that contain confidential information related to individual privacy may beprotected from disclosure under law. All City of Bozeman emails are subject to the Right to Know provisions ofMontana’s Constitution (Art. II, Sect. 9) and may be considered a “public record”per Sect. 2-6-202 and Sect. 2-6-401, Montana Code Annotated. As such, thisemail, its sender and receiver, and the contents may be available for publicdisclosure and will be retained pursuant to the City’s record retention policies.Emails that contain confidential information related to individual privacy may beprotected from disclosure under law. All City of Bozeman emails are subject to the Right to Know provisions ofMontana’s Constitution (Art. II, Sect. 9) and may be considered a “public record”per Sect. 2-6-202 and Sect. 2-6-401, Montana Code Annotated. As such, this 350 email, its sender and receiver, and the contents may be available for publicdisclosure and will be retained pursuant to the City’s record retention policies.Emails that contain confidential information related to individual privacy may beprotected from disclosure under law. All City of Bozeman emails are subject to the Right to Know provisions ofMontana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” per Sect. 2-6-202and Sect. 2-6-401, Montana Code Annotated. As such, this email, its sender andreceiver, and the contents may be available for public disclosure and will be retainedpursuant to theCity’s record retention policies. Emails that contain confidential information relatedto individual privacy may be protected from disclosure under law. All City of Bozeman emails are subject to the Right to Know provisions ofMontana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” per Sect. 2-6-202and Sect. 2-6-401, Montana Code Annotated. As such, this email, its sender andreceiver, and the contents may be available for public disclosure and will be retainedpursuant to theCity’s record retention policies. Emails that contain confidential information relatedto individual privacy may be protected from disclosure under law. 351 100 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 100 F P 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, afirst-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to Section76-1-601 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 MontanaDepartment 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 printedNotary 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 withthe 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 aboveindicated warranty. _____________________________________ _______________________________________________ Jim McLeod Dated Matthew E. Ekstrom DatedMember, 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 IIIand 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 publicimprovements 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. 14732LSMorrison-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 hasbeen 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, andrecorded 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 BEARINGTHE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK IISUBDIVISION PHASE I, PLAT J-470(previous bearings are Grid, based on the Montana coordinate system NAD83). DUE TO HIGH GROUND WATER CONDITIONS, FULL OR PARTIALBASEMENTS 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 _____________________________________ ofFirst Interstate Bank. __________________________________________________ Notary Public for the State ofResiding 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 THECONSTRUCTED 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 asfollows: Beginning at the northeast corner of The Legends at Bridger Creek II Subdivision Phase II; thence along a curve to the left for adistance of 172.84 feet, said curve having a radius of 310.00 feet, a delta angle of 31°56'45"; thence N80° 56' 55"W for 128.86 thence along a curve to the right for a distance of 33.65 feet, said curve having a radius of 170.00 feet, a delta angle of 11°20'30"; thence N69° 36' 25"W for 279.21 ; thence N30° 23' 35"E for 103.11 ; thence S81° 07' 24"E for 41.26 ; thence N54° 51' 26"E for 26.00 ; thence N33°06' 32"E for 82.00 ; thence N47° 40' 30"E for 28.50 ; thence N74° 14' 05"E for 19.00 ; thence S69° 58' 58"E for 15.00 ; thence S46° 23' 28"E for 24.50 ; thence S25° 39' 09"E for 28.00 ; thence S09° 32' 13"E for 72.00 ; thence S15° 59' 53"E for 29.00 ; thence S33° 14' 30"E for 31.00 ; thence S55° 52' 13"E for 34.00 ; thence S78° 00' 29"E for 43.00 ; thence N68° 21' 42"E for 19.00 ; thence N48° 39'42"E for 56.00 ; thence N15° 39' 43"E for 18.75 ; thence N09° 05' 25"W for 25.50 ; thence N22° 52' 26"W for 61.50 ; thence N11° 26'10"W for 15.50 ; thence N14° 56' 47"E for 62.00 ; thence N33° 36' 32"E for 14.48 ; thence N74° 03' 17"E for 14.50 ; thence S74° 59' 51"E for 27.00 ; thence S57° 31' 08"E for 39.00 ; thence S50° 13' 25"E for 23.50 ; thence S39° 06' 24"E for 20.50 ; thence S16° 09' 30"E for 14.50 ; thence S01° 47' 55"W for 30.00 ; thence S14° 34' 58"E for 20.00 ; thence S61° 41' 55"E for 49.00 ; thence N81° 26'06"E for 32.00 ; thence S74° 37' 12"E for 24.00 ; thence S59° 46' 42"E for 14.00 ; thence S40° 39' 29"E for 84.50 ; thence S49° 19' 44"E for 66.00 ; thence S60° 59' 23"E for 61.50 ; thence S69° 55' 18"E for 55.50 ; thence S72° 39' 00"E for 67.00 ; thence S42° 38' 20"E for 17.50 ; thence S25° 28' 12"E for 21.00 ; thence S12° 53' 56"E for 22.50 ; thence S44° 41' 46"E for 23.00 ; thence S67° 41'19"E for 13.00 ; thence N76° 52' 34"E for 9.00 ; thence N58° 04' 38"E for 19.00 ; thence N37° 30' 17"E for 16.50 ; thence N11° 09' 46"E for 25.50 ; thence N17° 59' 47"W for 32.50 ; thence N02° 36' 25"W for 15.00 ; thence N28° 45' 20"E for 20.00 ; thence N46° 39' 37"E for 40.00 ; thence N59° 21' 30"E for 31.50 ; thence N71° 36' 47"E for 34.50 ; thence S87° 08' 32"E for 59.00 ; thence S74° 09'02"E for 29.50 ; thence S55° 02' 14"E for 52.50 ; thence S42° 28' 53"E for 97.50 ; thence S29° 13' 33"E for 28.50 ; thence S50° 03'29"E for 15.50 ; thence S69° 39' 32"E for 12.00 ; thence N89° 55' 05"E for 22.00 ; thence N69° 25' 05"E for 39.50 ; thence N58° 07' 09"E for 76.50 ; thence N38° 44' 29"E for 26.81 ; thence N27° 53' 19"E for 35.00 ; thence N40° 11' 14"E for 51.00 ; thence N47° 35' 00" E for 47.50 ; thence N54° 30' 09"E for 34.00 ; thence N74° 22' 00" E for 37.50 ; thence N81° 22' 18"E for 33.50 ; thence S84° 26' 38"Efor 31.00 ; thence S77° 44' 49"E for 47.00 ; thence S65° 55' 06"E for 19.81; thence S00° 07' 53"E for 853.59 ; thence N88° 16' 33"W for 1407.18 ; thence N01° 43' 27"E for 233.90; thence along a curve to the left for a distance of 122.75 feet; said curve having a radius of 380.00 feet; and a delta angle of 18°30'29"; thence N27° 49' 20"E for 64.00 ; thence S58° 59' 34"E for 96.77 ; thence N31° 00' 26 "Efor 82.59; thence N58° 59' 34"W for 98.52 ; thence N29° 47' 20"E for 97.12 ; thence N40° 59' 50"E for 60.00 to the Point of Beginning. 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 ofBozeman, 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 Cityaccepts 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, NorthviewStreet, Maiden Spirit Street, and the Alley. The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offeringtelephone, 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 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379