HomeMy WebLinkAboutA3. Request Legends
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 Final Plat 15-
386 Condition of Approval Replacement Consideration
MEETING DATE: October 5, 2015
AGENDA ITEM TYPE: Action (Quasi Judicial)
RECOMMENDATION: That the City Commission replaces Condition No. 24 with the revised condition to address public concerns associated with Condition No. 24 of the Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat Application, P14022.
RECOMMENDED MOTION: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the memo for application 15-386 and move to replace Condition No. 24 of the Legends II Phase III Preliminary Plat application and find the existing condition unnecessary.
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
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 park dedication for the entire Legends II was met with the dedication of Public Park 1 with
the first phase of the development. Please see Plat J-470 attached to this memo. The park is
dedicated to the public and maintained by the LIIHOA.
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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.
The Subdivider submitted application for final plat approval for Legends II Phase III on August
17, 2015. The request was accompanied with an Improvement Agreement to allow the
Commission to approve the final plat prior to completion of the bathroom facility. The financial
guarantee is in the form of a Letter of Credit issued by First Interstate Bank of Bozeman. If the Commission approves the revised condition the Improvement Agreement will not be necessary.
On September 28, 2015 a written request from the Subdivider was received requesting
modification and/or replacement of Condition No. 24. (See attached) Accompanying the request
additional findings were made by the Applicant legal support showing that the replacement condition was in greater compliance with the City’s adopted plans and respected the wishes of
the Legends II Home Owners Association not to assume the financial burden of ongoing
maintenance and operation of the facility. These findings are explicitly referenced as part of the
record with this memo. (see attached)
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”.
Improvements to the park area focus on passive park amenities including trails connecting this
property to the greater Bozeman trail network and landscaping.
The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan
Road and Northview Street satisfied the requirement 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
additional financial support being proposed with this condition replacement will allow greater
utilization of the park area for both residence of the subdivision and the City.
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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
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.
Condition No. 24 as Approved: 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 of Parks, Recreation and Cemetery and the
Community Development Department prior to construction. All required building permits shall be acquired prior to commencing construction.
Suggested Replacement Condition:
Prior to recording the Legends II Phase III final plat, the Subdivider shall grant the City Lot 1 of
the Legends at Bridger Creek II Subdivision (Plat Reference J-470) via warranty deed approved by the Bozeman City Attorney and provide a donation of $50,000 to the City for improvements
to Lot 1 and/or Public Park 1 of the Legends at Bridger Creek II Subdivision (Plat Reference J-
470). The donation of Lot 1 may be restricted for park purposes. The cash donation must be used
by the City only for improvements related to Lot 1 and Public Park 1. The cash donation will be
administered by the City’s Parks and Recreation Department through its Park Improvement Grant program and be available for planning, design, engineering, and construction of approved
improvements on Lot 1 or Public Park 1. All improvements to Lot 1 and/or to Park 1 must be
approved by the City pursuant to its customary practices prior to construction.
UNRESOLVED ISSUES: None.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the Legends II, Phase III final plat application with the alternate condition
2. Approve the Legends II, Phase III final plat application without modification
234
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: September 28, 2015 Attachments: Legends II, Phase 3 Preliminary Plat Legends II, Phase 1 Preliminary Plat (J-470_1)
Findings of Fact and Order
Request for Condition Exchange
Applicant legal support memo, July 30, 2015
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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
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PLOTTED DATE:
DRAWING NAME:DATE:
SCALE:
SHEET OFPROJ #:CHECKED BY:
FIELD WORK:
DRAWN BY:
CLIENT:
PRINCIPAL MERIDIAN, MONTANA
1/4 SEC. SECTION TOWNSHIP RANGE
GROSS AREA = (25.04 AC.)OPEN SPACE AREA = (10.35 AC.)
RIGHT-OF-WAY AREA = (4.02 AC.)
ALLEY= (0.97 AC.)NET LOT AREA = (9.70 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., 2015
________________________________________________Craig Woolard
Director of Public Works
City of Bozeman, Montana
CERTIFICATE OF DIRECTOR OF PUBLIC WORKS
Dated this _________________________ day of _________________________, 2015.
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 withthe approved plans and specifications, or financially guaranteed and covered by the improvements agreement
accompanying this plat.
INSTALLED IMPROVEMENTS
1. Water, Sewer, Curb and Gutter, and Asphalt Streets.
FINANCIALLY GUARANTEED IMPROVEMENTS:
1. Sidewalks and landscaping.
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 Date
Member, Guinness Partners, Inc.
____________________________________ _____________________________________
Craig Woolard Date
Director of Public WorksCity of Bozeman, Montana
____________________________________ _____________________________________
Matthew E. Ekstrom DateMT Reg. No. 10853PEMorrison-Maierle, Inc.
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, the undersigned, Daniel J. Boers, Montana Professional Land Surveyor, License No. 14732LS do hereby certify that 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 through76-3-625, M.C.A., and the Bozeman Municipal Code from February to August 2015, . 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 February 2016.
Dated this ___________ day of ________________________, 2015
_______________________________________Daniel J. Boers, PLS, CFedSMT 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 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., 2015
________________________________________________
Craig WoolardDirector of Public Works
City of Bozeman, Montana
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 havebeen paid.
Dated this ____________ day of ________________________ A.D., 2015
________________________________________________Kimberly Buchanan, Treasurer
Gallatin County, Montana
________________________________________________
Assessor Parcel No.
I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed inmy office at ____________ o'clock, (a.m., or p.m.), this ____________ day of ________________________, A.D., 2015, and
recorded in Book ____________, of Plats on Page ____________, (Document No. ____________) Records of the Clerk and
Recorder, Gallatin County, Montana.
____________________________________Charlotte Mills, Clerk and Recorder
Gallatin County, Montana
CERTIFICATE OF CLERK AND RECORDER
PURPOSE
TO AMEND 2 LOTS,TO CREATE 51 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 IISUBDIVISION PHASE II, PLAT J-516
(previous bearings are Grid, based on the Montana
coordinate system NAD83).
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., 2015.
_________________________________________________
First Interstate Bank
By:______________________________________________
Its:______________________________________________
STATE OF ______________________
COUNTY OF ______________________
This instrument was acknowledged before me on this __________ day of ____________________,
A.D. 2015 by ________________________________________ as _____________________________________
First Interstate Bank.
__________________________________________________Notary Public for the State ofResiding at
My commission expires
OWNER
GUINNESS PARTNERS, INC.
101 EAST FRONT ST., STE. 304
MISSOULA, MONTANA 59807
VICINITY MAP
NOT TO SCALE
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
FINAL PLAT OF
POINT OF
BEGINNING
BRIDGER CREEK
APPROX 100-YR
FLOOD PLAINBOUNDARY
Tract
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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
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 N29° 47' 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 25.04 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, ChippewaLane, Atsina Lane, Blackfeet Lane, Cree Lane, Richau Lane, Kootenai Court, and 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.
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')MIDFIELD STREET (60')NORTHVIEW STREET (60')BOY
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A LANE (60')LANE (60')LANE (60')LANE (60')COURT
PHASE III
CERTIFICATE OF DEDICATION AND CONSENT
COURT
C-E 1/16
S.32
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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 FP10
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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 FPEXISTINGLOT LINESTO BEABANDONEDWITH THISPLAT R=50'
R=5
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6.0'UTIL.EASE.
10.0'UTILEASE10.0'UTIL
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5.0'
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GALLATIN COUNTY
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
FINAL PLAT OF
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 affixed 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.
2. All streets, alleys, and rights-of-way, shown hereon as "DEDICATED" are not easements. The intent of the dedication is to convey all the
streets, alleys, and rights-of-ways to the public upon acceptance by he governing authority.
THREAD OF BRIDGER CREEK(4-06-2005)
OLD THREAD OF BRIDGER
CREEK
(FM 12, P825)
APPROX 100-YRFLOOD PLAINBOUNDARY
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"
DIAM.
W.C.WITNESS CORNER
FOUND W.C. REBAR W/ ORANGE
PLASTIC CAP MARKED "MORRISON
MAIERLE, INC. 11371LS" 1.00' BEHINDRIGHT-OF-WAY LINE
FOUND ROLLED STEEL PIN,
5/8" DIAM., NO CAP.
C-E 1/16S.32
NO CAP
POINT OF
BEGINNING
OLD THREAD OF BRIDGER
CREEK(FM 12, P 825)
3/4" O.D.
GALV. IRON PIPE
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.
BOYLAN ROAD (60')
CHIPPEWA LANE (60')ATSINA LANE (60')KOOTENAI
BLACKFEET LANE (60')CREE LANE (60')RICHAU LANE (60')COURTNOT INCLUDED INTHIS SUBDIVISION(DEDICATED)(DEDICATED')(DEDICATED)(DEDICATED)(DEDICATED)(DEDICATED)(DEDICATED)
PT
PT
PT
PTPT
PT
PT PT PT
PC
PC
PC
PC
PC
PC PC
PC
PC
PHASE III
(R=60.03')(R=104.45')(R=105.70')(R=63.20')TEMPORARYCUL-DE-SAC EASEMENT
TO BE ABANDONED
WITH THIS PLAT
30' WATER AND SEWER AND
PIPELINES EASEMENT AND
AGREEMENT DOCUMENTNO. 2240463 S0°07'53"E 853.59'(R=14.88')
BASIS OF BEARING
THE BEARINGS SHOWN HEREON ARE RECORDBASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE II, PLAT J-516(previous bearings are Grid, based on the Montanacoordinate system NAD83).
A
A
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
237
EXISTING
LOT LINES
TO BE
ABANDONED
WITH THIS
PLAT R=50'
GALLATIN COUNTY
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
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 buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents
recorded and filed in conjunction with the plat and that buyers of property are strongly encouraged to contact the localplanning department and become informed of any limitations on the use of the property prior to closing.
The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/orconditions of subdivision approval that may limit the use of the property, including the location, size, and use.
CONDITIONS
DUE TO HIGH GROUND WATER CONDITIONS, FULL OR PARTIAL
BASEMENTS ARE NOT RECOMMENDED
OPEN SPACE
OPEN SPACE PARCELS SHALL BE OPEN TO PUBLIC ACCESS BUT SHALL BE
OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
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.
ACCESS EASEMENT
PEDESTRIAN FACILITIES LOCATED WITHIN LOTSDESIGNATED 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
Phase
#
of Lots
Park Land Requirement (AC)
Park Land Dedication (AC)
I
47
1.41
5.304
II
26
0.78
--
III 51 1.53
Remaining 1.584 acre
PARK LAND TABLE
1. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by
the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that
the information shown is current as of the date of the certification, and that changes to any land-use restrictions orencumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as
allowed by law or by local regulations.
2. Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for cityassessments 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 streetsand 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 owner's association shall be responsible for levying annual assessments toprovide 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 to the property owner's association created by the subdivider to maintain all
common open space areas within Legends at Bridger Creek II Phase III.3. The following are hereby granted and donated to the property owners association noted below for their use andenjoyment: Open Space 1. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility
for maintaining the same. We, Guinness Partners, Inc., 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, including, but not limited to trails, trees, lawns, irrigation systems,
shrubs, and landscape features and furniture, 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 beenfinancially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with
this plat. Installed improvements: None
Financially guaranteed improvements: common open space improvements
The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners associationcreated by document number _____________________________________.
BASIS OF BEARING
THE BEARINGS SHOWN HEREON ARE RECORD
BASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE II, PLAT J-516(previous bearings are Grid, based on the Montana
coordinate system NAD83).
CERTIFICATE OF TRANSFER OF OWNERSHIP
AND COMPLETION OF NON-PUBLIC IMPROVEMENTS
Dated this _________________________ day of _________________________, 2015.
______________________________________
Guinness Partners, Inc.By, Jim McLeod, Member
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: _______________________
UTILITY EASEMENTS
ALL LOTS ARE SUBJECT TO THE FOLLOWING PUBLICUTILITY EASEMENTS:
- 10' ADJACENT TO ALL PUBLIC STREETRIGHTS-OF-WAY- 6' ADJACENT TO ALLEYS
- 10' ALONG REAR LOT LINES NOT ADJACENT TO ASTREET OR ALLEY
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
September 28, 2015
Tom Rogers
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman, MT 59771
Dear Mr. Rogers:
As you are aware, the current Conditions of Approval for the Legends at Bridger Creek II,
Phase III Major Subdivision Preliminary Plat application was approved on August 11, 2014.
As part of the final conditions of approval, the Bozeman City Commission placed a
requirement, Condition 24, on the developer, Guinness Partners, Inc., to install adequate
restroom facilities within the Legends at Bridger Creek II, Public Park 1.
It is the property owners and Guinness Partners, Inc. position that the parkland dedications
were satisfied with the public parks dedicated with the filing of the final plat for Phase I of
Legends at Bridger Creek II Subdivision. As previously noted by the property owners
attorney, they purchased their property in reliance on the final plat approved for the
Legends at Bridger Creek II, Phase II, which does not include buildings in the parklands,
much less a bathroom. The property owners and Guinness Partners, Inc. are concerned
about the potential public safety concerns and maintenance issues associated with a
facility in their passive Neighborhood Park.
Given our concerns and with the desire of being able to consummate a mutually benefit
option, Guinness Partners, Inc. respectfully submit the following alternative to the City
Council:
Prior to recording the Legends II Phase III final plat, the Subdivider shall grant the City Lot
1 of the Legends at Bridger Creek II Subdivision (Plat Reference J-470) via warranty deed
approved by the Bozeman City Attorney and provide a donation of $50,000 to the City for
improvements to Lot 1 and/or Public Park 1 of the Legends at Bridger Creek II Subdivision
(Plat Reference J-470). The donation of Lot 1 shall be restricted for park purposes. The
cash donation must be used by the City only for improvements related to Lot 1 and Public
Park 1. The cash donation will be administered by the City’s Parks and Recreation
Department through its Park Improvement Grant program and be available for planning,
design, engineering, and construction of approved improvements on Lot 1 or Public Park
101 East Front Street, Suite 304 - Missoula, MT 59802 - 406.541.9000
GUINNESS PARTNERS, INC.
266
1. All improvements to Lot 1 and/or to Park 1 must be approved by the City pursuant to its
customary practices prior to construction.
It’s important to clarify that if the alternative is not adopted by the Bozeman City Council
during its October 5, 2105, hearing then Guinness Partners, Inc. will fulfill its obligation
concrete to Condition 24.
Guinness Partners, Inc. would appreciate the City Council’s consideration of its request
with the hopes to maximize the potential of the parklands to their and the property owners
mutual benefit.
Sincerely yours,
Jim McLeod
President
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1
Brian K. Gallik GALLIK & BREMER, P.C.
Jecyn N. Bremer Attorneys at Law 777 East Main Street, Suite 203
Post Office Box 70
Bozeman, Montana 59771-0070
(406) 404-1728
brian@galliklawfirm.com jbremer@galliklawfirm.com
July 30, 2015
James P. McLeod
Guinness Partners, Inc.
101 E. Front Street, Suite 304
Post Office Box 9079
Missoula, Montana 59807
Re: Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat P14022
Condition of Approval No. 24
Dear Mr. McLeod:
Please see the following in support of the request that the Bozeman City Commission
(“City Commission”) remove or amend Condition of Approval No. 24 (“Condition No. 24”) of the Legends at Bridger Creek II, Phase III Major Subdivision (“Legends Phase III”) Preliminary Plat P14022 because an error beyond the control of the developer has rendered the condition
unnecessary. See Section 38.03.040.A.5.h., Bozeman Municipal Code. Alternatives to the
requirement of Condition 24 are suggested.
Background
The City Commission imposed Condition 24 at the Legends Phase III preliminary plat
hearing after public comment had closed. Property owners were not provided notice of this
Condition nor were they afforded the opportunity to comment on this material change. As you are aware, numerous property owners in the Legends at Bridger Creek II Subdivision have
repeatedly asked the City Commission to remove Condition 24 and, if necessary, allow an
alternative improvement to the parklands allowed. They made these requests in person, at public
hearings, and by correspondence. Their efforts, thus far, have been futile. In light of that, the
LEGENDS II at BRIDGER CREEK SUBDIVISION HOMEOWNERS ASSOCIATION, INC., (“Legends II HOA” or “HOA”) enlisted this firm to provide support for its request that you ask
the City Commission to remove or amend Condition No. 24 as provided herein. The following
information is provided for this purpose.
This is Phase III of a multi-phase subdivision, for which the parkland dedications “were satisfied with the public parks dedicated with the filing of the final plat for Phase I of the
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2
Legends at Bridger Creek II Subdivision.” See Findings of Fact & Order for the Legends at
Bridger Creek II, Phase III Subdivision, page 20. The final plat for the Legends at Bridger
Creek, Phase II was approved in 2013, and the property owners in that Phase purchased their
homes in reliance on that Phase II final plat approval, which does not include buildings1 in the parklands, much less a restroom. They are concerned about the potential public safety and maintenance issues associated with such a facility in their passive Neighborhood Park.2 See
Exhibit A.
Condition of Approval No. 24 is Unnecessary The Parkland Dedication Requirement was Met and Exceeded with Previous Phases
The Legends at Bridger Creek II, Phase III conditions of approval required the applicant
to provide a minimum of 1.53 acres of dedicated parkland or equivalent thereof with the major subdivision, with the calculation based upon 51 single family residential lots at 0.03 acres of dedicated parkland per dwelling. See Findings of Fact & Order for the Legends at Bridger Creek
II, Phase III Subdivision, page 10. However, the City recognized that the parkland dedication
requirements for this subdivision were met by the public parks dedicated with Phase I of the
Legends at Bridger Creek Subdivision. Id., page 20. Given this, the requirements for parkland dedication were more than satisfied without the addition of Condition 24 requiring installation of
restroom facilities. In addition, the Recreation and Parks Advisory Board Subdivision Review
Committee (“Committee”) recommended approval with no condition related to the addition of a
restroom. Id. In sum, the developer exceeded the necessary parkland dedication, and Condition
24 – an additional park exaction – is not necessary, as indicated by the Committee’s approval.
Other Restrooms Facilities Are Provided in Regional/Community Parks Proximate to the
Legends, a Neighborhood Park
Condition No. 24 is further rendered unnecessary by the public restrooms planned for the Story Mill Community/Regional Park, which is a short distance away from the Legends
parklands. Based on a recent conversation with Carolyn Poissant, Trails, Opens Space and Parks
Program Manager, public restrooms, among other facilities, are planned for Phase I of the Story
Mill Community/Regional Park, which is approximately .6 of a mile from the middle of the
Legends parklands. In addition, public restroom facilities exist in the East Gallatin Recreational Area, classified by the City as a Regional Park and Community Park,3 which is located 1.6 miles
1 It is understood that a community facility, in which a restroom was a part, was previously
proposed in an earlier phase of the Legends Subdivision, however, the final plat was approved
without requiring that facility to be installed. 2 Table 3-1: Inventory of Parks within the City of Bozeman classifies the Legends parklands as “O” – Natural Areas/Open Lands, page 3-4, however it is also classified by the PROST Plan as a
Neighborhood Park. See PROST Plan, page 7-3. Either way it is not a City or Community Park. 3 See Table 3-1: Inventory of Parks within the City of Bozeman classifies the East Gallatin Area
as an “R” – Regional Park, and at page 3-11, the PROST Plan identifies it as a good example of
such a Park. PROST Plan, 7.2.2 Location of Developed Community Parks includes the East Gallatin Recreation Area in its analysis of as a developed Community Park.
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3
away, and in the same quadrant identified by the City to analyze level of service provided by
parks.4 The former at least, given its proximity, makes this restroom requirement redundant and
Condition 24 unnecessary, and other improvements would be more appropriate in this
Neighborhood Park.
The Legends parklands are identified by the City in its Parks, Recreation, Opens Space
and Trails Plan (“PROST Plan”)5 as a Neighborhood Park6, and alternatively Natural
Areas/Open Lands.7 Neighborhood parks are defined in the Inventory of Existing Parks and
Recreation Facilities as “the basic unit of the park system, and serve as the recreational and social focus of the neighborhood,” with “informal recreation for all age groups and geared
towards those living within the service area,” and are “centrally located within their service area,
with access uninterrupted by non-residential roads and other physical barriers.”8 The service
area of a Neighborhood Park is at ¼ to ½ mile radius around the park…”9 As a Neighborhood
Park, with a service area of a half a mile or less around the park, geared, as it is, toward those living in the service area, a public restroom in the Legends parklands is unnecessary.
The Story Mill Park and the East Gallatin Recreational Area, in which restrooms are
proposed and existing, are distinguishable from the Legends parklands as they are Community
Parks, maintained by the City, which are more appropriate locations for this type of public facility. According to the PROST Plan, “Community Parks are, by definition, meant to serve the entire community.”10 They are “larger in size and serve a broader purpose than neighborhood
parks…” Again, “their focus is on meeting the recreational needs of the entire community.”11
Rather than perpetuate a redundancy in the provision of public restrooms, equivalent improvements to the Legends parklands would better serve the neighborhood and the public. The HOA’s proposed alternatives provided below will provide more than an equivalent public
benefit.
The Request for a Change in Condition is Consistent with the Goals and Objectives of the PROST Plan, whereas the Existing Condition is not.
The PROST Plan describes facilities to be included in Neighborhood Parks, including:
“playgrounds; informal playfields or open space; basketball, tennis and volleyball courts; ice
skating; trails; and picnic and sitting areas.” 12 Given this, facilities such as those proposed by
4 See PROST Plan, 7.1.2 Location of Developed Neighborhood Parks, page 7-3.
5 Adopted by Bozeman City Commission, City of Bozeman Resolution No. 4087, dated
December 17, 2007. See https://www.bozeman.net/Smarty/files/78/78215f19-19b9-44c0-8fd9-
7df9068aebe0.pdf (last accessed May 25, 2015) 6 See infra fn. 2. 7 Id.
8 See PROST Plan, page 3-2. 9 Id. 10 See PROST Plan, page 7-10. 11 Id. at page 3-8.
12 See PROST Plan, page 3-2.
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4
the HOA below, rather than a restroom, are more appropriately required in the Legends
parklands – as consistent with the PROST Plan.
The following Goals and Objectives of the PROST Plan, which provide “a framework for
determining the community’s recreational needs, and formulating recommendations and
implementation policies for addressing those needs” also underscore the limited service area and
provision of facilities required of Neighborhood Parks, and provide further support for this request for a change of condition. See PROST Plan at 9.0, page 9-1.
- “9.1 Goals and Objectives, Goal 1 Accessibility,
o Objective 2. Ensure that public park and recreational facility usage, and
recreation programming, is affordable for all. The Legends II HOA should not bear the burden of providing restrooms for the
general public in their neighborhood parklands.
o Objective 4. Create neighborhood parks that are conveniently located and
accessible to the neighborhoods they serve.
The Legends parklands need only be accessible to and serve the Legends
neighborhood, even though they may also be used by the public.
- Goal 2 Education o Objective 3. Enforce park rules and regulations to minimize impacts and
conflicts.
The City’s park regulations should minimize impacts to the HOA and conflicts
that will inevitably ensue from the installation of a restroom facility in this
Neighborhood Park.
- Goal 4 Partnerships o Objective 1. Work with user groups, service organizations and other relevant
entities to develop new and enhance existing parks, trails and recreation
facilities.
The City should work with the HOA and developer to develop and enhance
existing parks, instead of dictating installation of infrastructure – a restroom, in
this case that is not intended to serve the neighborhood served by these parklands.
- Goal 6 Usability
o Objective 1. Ensure that new parks and recreation facilities are properly
located and sized, and that the land is suitable to support the intended
activities and functions of the park and/or facility. Legends II and III parklands are properly located and sized, and the land is
suitable to support the activities and functions, given that the parkland dedication
requirements were met by the public parks dedicated with the filing of the plat for
Phase I of the Legends at Bridger Creek Subdivision. See the Findings of Fact &
Order for the Legends at Bridger Creek II, Phase III Subdivision, page 20.
Further, “there was still a 3.11 acre parkland reserved for future phases.” Id.
Accordingly, the requirements for parkland dedication were more than satisfied.
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5
- Goal 7 Equity
o Objective 3. Provide parks, trails, recreation facilities and programs
throughout the City in a geographically equitable manner; avoid creating areas
that are underserved or over-served in relation to the rest of the community. Installation of a restroom in Legends II is not an equitable result given the
existing and proposed facilities in the East Gallatin Recreational Area, and the
Story Mill Community Park respectively, both of which are located in the same
quadrant identified by the City to analyze level of service provided by parks
- Goal 8 Predictability o Objective 5. Develop and provide standards for additional improvements to dedicated parkland. Given that the parkland dedication requirements were met by the public parks
dedicated with the filing of the plat for Phase I of the Legends at Bridger Creek
Subdivision, we know of no standard requiring additional improvements to this
dedicated parkland. Id.
- Goal 9 Safety o Objective 2. Ensure that public parks and recreational facilities are maintained and signed to ensure usability and safety.
Public safety is the major concern of the HOA. See comments at Exhibit A.
- Goal 10 Planning
o Objective 2. Prepare individual park master plans for all new and existing
parks, and amend existing plans as needed. The City’s parks plan does not provide a master plan nor does it identify locations
for the orderly development of public restroom facilities in new or existing parks.
And, as noted above, the East Gallatin Recreation Area, approximately 1.6 miles
from the Legends, provides public restroom facilities, and the Story Mill
Community Park, nearer the Legends at approximately .6 of a mile, will, when
constructed, also provide more than sufficient restrooms facilities in the
immediate area. Again, these Regional and Community Parks are located in the
same quadrant as the Legends II Neighborhood Park, which is identified by the
City to analyze level of service provided by parks.
- Goal 11 Service
o Objective 2. Provide a high level of service for the maintenance and safety of
parks and recreation facilities. Requiring a restroom facility in a Neighborhood Park does not provide for the
maintenance and safety, rather is a safety and maintenance concern for the HOA
and residents of the Legends neighborhood.
//
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6
- Goal 13 Health
o Objective 1. Improve the health of the City’s residents by providing the
recreational facilities and program that promote healthy, active lifestyles.
The equivalent improvements suggested by the HOA will improve the health of
residents and promote healthy and active lifestyles, whereas a restroom facility
will not.
See PROST Plan at pages 9-1 – 9-4.
Based upon these facts, and the City’s PROST Plan, and its articulated Goals and
Objectives, the Legends II HOA respectfully requests that you ask the Commission to remove or
change Condition 24 by finding that “errors or changes beyond the control of the developer have rendered that unnecessary.” See Section 38.03.040.A.5.h., Bozeman Municipal Code.
Proposed Condition
As you know, the Legends II HOA has worked closely with yourself and the City to reach an alternative that better serves the needs of the HOA and the citizens of Bozeman. In the
event the City Commission will not remove Condition No. 24, we propose that the City allow
you – the developer – to post security for other equivalent improvements to Legends II parkland
that are approved by the HOA, and which may include the following:
- Dedication of Lot 1, at 1.2 acres and valued at approximately $450,000, as Parklands or
Open Space;
- Security in the amount of approximately $30,000 to $50,000 to be used for park
improvements in the amount of X dollars, to be used for:
1) Fitness Trail with up to three (3) stations; or,
2) Picnic Area; or,
3) Basketball half court (see the existing court on the East side of Kagy as an
example).
The parkland dedicated through this subdivision approval is a Neighborhood Park, not a Community Park under the PROST Plan, and the improvements provided by way of this amended condition will enhance the value of this Neighborhood Park to the Legends property
owners, the HOA, as well as the Bozeman community by providing land to support intended
activities and functions of the park, facilities to support recreation programs, park and recreation
facilities that meet the needs of users in an equitable manner and that are geographically
equitable, recreational facilities that promote healthy active lifestyles, and/or opportunities to
experience nature, recreational opportunities that enhance family relationships, and recreational
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facilities for community involvement and interaction, among other Goals and Objectives of the
PROST Plan.13
Conclusion
The Legends II HOA respectfully request that you ask the City Commission to remove
Condition No. 24, or amend it as provided herein, finding that it was beyond the control of the
Developer, and based on the above, clearly unnecessary.
Sincerely, GALLIK & BREMER, P.C.
/S/
Jecyn N. Bremer
Attorney at Law
c: Client
13 See PROST Plan Goal 6, Objectives 1 and 5; Goal 7, Objectives 2 and 3; Goal 13, Objectives 1 and 2; Goal 15, Objectives 1 and 4, pages 9-1 – 9-4.
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