HomeMy WebLinkAbout02- Baxter Meadows, Phase 1
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
WBC, LP, FOR PRELIMINARY PLAT REVIEW AND ORDER
OF BAXTER MEADOWS-PHASE I P.U.D. SUBDIVISION,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Subdivision Regulations, a public meeting and public
hearing were scheduled, after notice given, before the Bozeman Planning Board on November 14,
2001, and before the Bozeman City Commission on November 19, 2001, on the above-entitled
application. The applicant presented to the City Commission a proposed preliminary P.U.D.
subdivision plat for one hundred forty (140) residential/mixed-use lots, together with the required
supplementary plans and information. The purpose of the public hearing was to consider all relevant
evidence relating to public health, safety, and welfare, including the required environmental
assessment and recommendation of the Planning Board, to determine whether the plat should be
approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The application for the preliminary P.U.D. subdivision plat review of Baxter Meadows- Phase I
Subdivision, was submitted to the Bozeman Planning Office on October 23, 200 I. The preliminary
major subdivision plat, as proposed, would subdivide 64.66 acres of land into one hundred forty (140)
residential/mixed-use lots. All lots will be served by City of Bozeman water and sanitary sewer
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services, and will be accessed by public streets or alleys with improvements to existing Baxter Lane,
extension of Ferguson A venue, and construction of a network of interior local subdivision streets:
Latigo A venue, Equestrian Lane, Bozel Street, Gallatin Green, Belgian Court, Clydesdale Court and
Fjord Court.
II.
Notice of the public hearing before the Bozeman City Commission was first published in the
Bozeman Daily Chronicle on Sunday, October 28,2001, and the notice was posted at the site and sent
by certified mail to all adjoining property owners.
III
The matter of preliminary subdivision plat review was heard by the Planning Board on
November 14,2001. The Planning Staff reviewed the project, the conditions recommended by the
Development Review Committee, and noted that the preliminary plat involves 140 lots per the public
hcaring notice. The Planning Staff reported that no public testimony on this matter had been received
to date.
IV.
Bill Kreager, applicant on behalf of Baxter Meadows, presented a PowerPoint overview of the
project. He stated that his client agreed with most of the proposed conditions and that hc would like to
discuss those concerning design standards for various road and bike lanes.
Gary Swanson, engineer with Robert Peccia & Associates, asked for discussion on required
improvements for Baxter Lane west of Ferguson A venue. He asked for relief from the proposed
requirement for operational and maintenance cost responsibility for the proposed sewage lift station,
and for maintenance of the alleys, excepting snow removal which the applicant agreed to provide.
Further comments by Mr. Swanson concerned proposed conditions involving ditch relocation,
water/sewer main infrastructure and emergency access to Baxter Lane. .
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V.
The public meeting portion on this matter was opened and there was no public comment.
Accordingly, the public comment portion was closed.
VI.
After finding that the Preliminary Plat was properly submitted and reviewed under the
procedures of the Bozeman Subdivision Regulations, the Bozeman City Zoning Regulations, and thc
Bozeman Area Master Plan, the Planning Board reviewed and considered the facts against the criteria
established in Title 76-3-608, M.C.A. 1999.
The Planning Board considered the recommended conditions prepared by the Planning Staff
and Development Review Committee; and discussed issues relatcd to the proposed roundabouts, trails,
lighting standards, bike lanes, improvements to Baxter Lane, alley width and maintenance, alley access
to lots, and related issues.
VII.
The Planning Board found that with the attached conditions, the subdivision would comply
with the primary review criteria, and therefore voted 6-0 to forward a recommendation of conditional
approval to thc Bozeman City Commission in Planning Resolution No. P-0103 with the conditions
rccommended by the Planning Staff as modified by the Planning Board.
VIII.
The matter was considered at a public hearing before the City Commission on Monday,
November 19,2001. The public hearing portion on this matter was opened. The Planning Staff
reviewed the project at that time and forwarded the Planning Board's recommendation of conditional
approval to the City Commission.
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IX.
Bill Kreager, applicant on behalf of Baxter Meadows, gave a Power Point presentation of the
project overview. Gary Swanson and Ryan Mitchell, Peccia & Associates, requestcd approval of the
modified condition concerning street section widths. Dr. Geske, Double Diamond Vet Services, 155
Bison Trail, and the prospective veterinary in the Baxter Meadows project, spoke in support of the
application.
X.
James Nickelson, Morrison-Maierle, representing the City Engineering Department, discussed
bike lane standards and the inconsistency between the proposed Baxter Lane section and the recently
adopted Bozeman 2020 Community Plan/Transportation Plan. He requested City Commission
direction on this issue. He also discussed proposed conditions concerning ditch relocation, emergency
access from Riata Road to Baxter Lane, the proposed dead end for Latigo Street, and improvements to
Baxter Lane.
XI.
Gary Swanson, Peccia & Associates, stated that the maintenance of the proposed sewage lift
station should be a City responsibility. He also requested approval of conditions to limit Baxter Lane
improvements to a point just west of Ferguson Road and for construction of the Baxter Lane/Ferguson
Road roundabout contingent on the acquisition of necessary right-of-way from adjacent owners. He
requested consideration of the use of Flanders Mill Road as the emergency access to Baxter Lane.
With respect to water main configuration, he requested approval to stop the water main at Ferguson
Road with a temporary end at Riata Road with a flusher hydrant. He repeated the applicant's
agreement that snow removal from alleys would be a private responsibility, but asked that other alley
maintenance be public. Bill Kreager noted that 24% of Phase I area is public open space and that if the
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proposed 100-acre regional park is not realized, that Baxter Meadows will meet all required
cumulative park standards in subsequent phases of development.
XII.
Chris Nixon, 719 North Wallace A venue, spoke in support of the project and said there should
be sidewalks in the equestrian area cul-de-sacs. Kreager noted that they are included in the project.
XIII.
Jerry Williams, on behalf of Baxter Meadows, stated his opposition to the requirement for
private maintenance of the sewage lift stations and for improvement of Baxter Lane to the west end of
Phase I as proposed by engineering staff. During commission and staff discussion, it was noted that
deletion of two cul-de-sacs (Apaloosa Court and Arabian Court) could mitigate the need for Baxter
Lane improvement and for water main configuration.
Accordingly, the applicant agreed to modify the application to reduce the total number of lots
from 140 to 129, by the elimination of the proposed residential cul-de-sacs at Appaloosa Court and
Arabian Court. The City Commission agreed that this change would eliminate the need for emergency
access via Riata Road to Baxter Lane, would reduce the need for improvement of Baxter Lane west of
Ferguson A venue and would resolve the issue concerning water main configuration.
The Commission discussed the applicant's request that the City have total financial
responsibility for the maintenance and operation of the sewage lift station, and agreed that it is not
equitable for city taxpayers to bear the cost of development in an area than cannot receive water
downhill. The Commission further agreed that the lift station should be operated and maintained by
the City, but that the costs of the maintenance should be borne by the property owners dependent on
the lift station.
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XIV.
After discussing the recommended conditions of approval and after considering
modifications and/or corrections to the recommended conditions, consideration of additional
conditions of approval, and after no Commissioner objections, the public hearing on this matter was
closed.
XV.
The City Commission then considered the minutes, public record and recommendation of the
Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary
criteria for subdivisions established in Title 76-3-608, and found as follows:
76-3-608(3)( a):
1) EFFECTS ON AGRICULTURE:
The total 460-acre property, including the subject 65 acres of Phase I, was a dairy farm
operation for approximately 50 years. It has been used for grain and hay production and
pasture. Pending phased development, the property will remain in production.
The site is currently fenced. Fencing that is shared with adjacent agricultural land will be
maintained by the developer during the site development. The homeowners' association will
assume responsibility for maintaining fence line after build-out of the property.
2) EFFECTS ON LOCAL SERVICES:
Municipal infrastructure is located in general proximity to the preliminary plat and is generally
accessible to the subdivider in order to develop at urban densities.
Prior to installation of municipal infrastructure, plans and specifications for the main extensions
must be provided for review and approval by the City Engineer's Office and Montana
Department of Environmental Quality. No building permits shall be issued prior to substantial
completion and City acceptance of the required infrastructure improvements, unless otherwise
allowed by specific approval under provisions of Municipal Code Ordinances Nos. 1532 and
1533.
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3) E}'FECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features (i.e., water courses, wetlands, out croppings)
have been identified on said property that would be impacted with development of the property.
Some minor rerouting of the ditches that cross the property may be required. Enhancement of
the Border Ditch and the Spring Ditch to improve fish habitat will occur during future phases of
development. This will require concurrence by the ditch company.
Provisions have been included in the applicant's submittal to address the control of noxious
weeds, agricultural fencing and maintenance of park land/open space.
4) EFFECTS ON WILDLlFE AND WILDLIFE HABITAT
As noted previously, the historical use of the property for agricultural purposes has limited the
ability to provide significant wildlife habitat for wildlife species in the area. Although this area
of the community is common as a staging area for a variety of wildlife species, small mammals,
and birds, no known endangered species or critical game ranges have been identified on the
proposed subdivision. The Department of Fish, Wildlife & Parks has not identified any
impacts on wildlife and wildlife habitat with this development proposal. Therefore, no
significant effects on wildlife and their habitat should occur as a result of the proposed
development.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Development Review Committee (DRC) reviewed the application for preliminary plat
review of Baxter Meadows-Phase 1 Subdivision to create 140 residential/mixed-use lots, and
did not identify any significant impacts to the area's public health and safety that cannot be
mitigated with the recommended conditions forwarded to the Planning Board and City
Commission.
The conditions of preliminary plat approval, which are recommended by the DRC, were
forwarded for consideration by the Planning Board and City Commission.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The unnamed drainage ditch currently conveys water to a downstream appropriator for a
Farmer's Canal irrigation water right. The water is diverted from the Baxter-Border Ditch at the
south end of the property. Water in the drainage ditch currently flows north to Baxter Lane,
then east along the road until intersects with the Spring Ditch. In order to maintain the
irrigation water right, the point of diversion (POD) will be moved from the stream/ditch to the
Spring Ditch through a head gate and into a pipe on the north side of Baxter Lane. The
proposed relocation of the POD must be approved by the Farmer's Canal Board of Directors
and the downstream appropriate prior to moving the stream/ditch.
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All subdivisions must be reviewed against the criteria listed in 76-3-608(3)(b-d), M.CA.
Accordingly, the Planning Office has reviewcd this application against the listed criteria and the
commission concurrcd with the following summary:
76.3.608(3)(b). M.C.A.:
(i)- Compliance with survey requirements provided in Part 4 of the Montana
Subdivision and Platting Act.
The proposed major subdivision appears to have complied with the survey requirements
in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin
County Clerk & Recorder's Office after final plat review and approval.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act.
The proposed major subdivision is in general compliance with the Bozeman
Subdivision Regulations based on the recommended conditions provided by the
Development Review Committee and other applicable review agencies.
(Hi) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a major
subdivision established in the Bozeman Subdivision Regulations. Based on the
recommendation of the D.R.C and other applicable review agencies, as well as any
public testimony received, the Planning Board forwarded a formal recommendation in
Resolution No. P-Ol 03 to the City Commission for final action on the proposed major
subdivision.
76-3-608(3)(c). M.C.A.:
(c) - Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground.
Appropriate easements shall be indicated on the final plat itttd as will the appropriate
certificate on the pial granting the use of the easements to the necessary entities.
76-3-608(3)(d). M.C.A.:
(d) - Provisions of legal and physical access to each parcel.
Legal and physical access to this subdivision will occur from the existing Baxter Lane.
Dircct access to each individual lot will occur from interior local subdivision streets and
alleys built to City standards and located within dedicated rights-of-way.
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XVI.
After considering all matters of record presented at the public hearing and meeting, the City
Commission found that the proposed preliminary plat for Baxter Meadows Phase I, a residential/mixed
use major subdivision, would comply with the requirements of the Bozeman Area Subdivision
Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary
Subdivision Plat to create one hundred twenty nine (129) residential/mixed use lots known as Baxter
Meadows- Phase 1, has been found to meet the primary criteria of the Montana Subdivision Platting
Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the
findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat
complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular
and pedestrian circulation is provided, adequate infrastructure and public services are provided, and
adequate public access, utility easements, and rights~of-way are provided.
This City Commission order may be appealed by bringing an action in the Eighteenth District
court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76.3-625, M.CA.
1. A Storm Water Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and public
streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
storm water-receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
storm water detention/retention basin and discharge structure details, basin sizing calculations
and a storm water maintenance plan.
Any storm water ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance of the open space. Storm water ponds for
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runoff generated by the subdivision (e.g., general lot runoff, public or private strccts, common
open space, parks, etc.) shall not be located on eascments within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be establishcd based on
maximum site development. Final facility sizing may be reviewed and reduced during design
rcview of the final site plan for each lot.
2. Plans and specifications and a detailed design report for water and sewcr main extensions,
storm sewer and streets, prepared by a Professional Engineer, shall be provided to and
approvcd by the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of Mylar record drawings. Construction shall
not be initiated on the public infrastructure improvements until the plans and specifications
have been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements, unless otherwise allowed by specific approval under
provisions of Municipal Code Ordinances Nos. 1532 and 1533.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to final plat approval.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements, unless otherwise allowed by specific approval of the City
Commission under provisions of Municipal Ordinances # 1532 and
# 1533.
4. The location of existing water and sewer mains shall be properly depicted, and proposed main
extensions shall be noted as proposed on the infrastructure plans and specifications.
5. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
6. The Traffic Impact Analysis prepared by Robert Peccia & Associates, dated October
2001, shall be updated and made a part of the application materials submitted for
approval of each and all subsequent phases of subdivision.
7. Typical street sections, including sidewalk location and bike lane location for the project, shall
be as follows:
a. Bozel Street shall utilize the typical scction labeled "G" as shown on the applicant's
proposal labeled Exhibit "C", dated November 14, 2001.
b. Latigo Avenue shall utilize the typical section labeled "G" as shown on the applicant's
proposal labeled Exhibit "C" dated November 14,2001.
c. Baxter Lane shall utilize the typical section as shown in the two-lane option on Figure
11-3, Recommended Minor Arterial Standards, of the Greater Bozeman Area
Transportation Plan Year 2001 Update.
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d. Ferguson Avenue shall utilize the typical section as shown in the two-lane option on
Figure 11-2, Recommended Collector Street Standards, of the Greater Bozeman Area
Transportation Plan Year 2001 Update.
e. Equestrian Lane shall utilize the typical section labeled "C" as shown on the
applicant's proposal labeled Exhibit "C" dated November 14,2001.
.f Riata Road shall utilize the typical section as shown in the two-lane option with eight-
foot driving lanes on Figure 11-1, Recommended Local Street Standards, of the
Greater Bozeman Area Transportation Plan Year 2001 Update, with the exception that
on the inside of the roadway a gravel path can be utilized in lieu of a sidewalk.
g. Gallatin Green shall utilize the typical section labeled "F" as shown on the applicant's
proposal labeled Exhibit "C" dated November 14, 2001.
h. Arabian Court, Appaloosa Court, Belgian Court, Clydesdale Court and Fjord Court
shall utilize the typical section as shown in the two-lane option with 10 foot driving
lanes on Figure 11-1, Recommended Local Street Standards, of the Greater Bozeman
Area Transportation Plan Year 2001 Update, with the exception that parking and
sidewalks shall be provided only on the outside of the court.
8.A variance from the lot access (frontage) standards in the Municipal Code is hereby granted by
the City Commission to allow primary lot access off alleys. Snow removal responsibility in alleys
used as primary vehicular access to lots shall be private. Other maintenance needs for the alleys
will be the responsibility of the city.
9. The final site plan shall coordinate the proposed landscaping with the proposed water and
sewer utilities in a manner acceptable to the City Water/Sewer Superintendent.
10. The water and sewer infrastructure required for each phase of development shall be subject to
further review and approval by the City Engineer and MDEQ.
11. The preliminary plan shows public sidewalks crossing onto town home lots. The final site
plan shall identify such sidewalks and show proposed easements. The final plat for each phase
shall grant access easements to the public at these locations.
12. All provisions of the Baxter Meadows Annexation Agreement relating to "filing of any Final
Subdivision Plat, Final Site Plan approval, or the issuance of any building permit" shall be
met, as agreed.
13. Sufficient rights-of-way shall be dedicated and/or acquired as necessary for construction of the
proposed modern roundabouts.
14. The modern roundabouts shall be designed by, or peer reviewed by, a professional engineer
with roundabout design experience, as determined by the City Engineer.
15. A street and traffic control signage plan for the subdivision shall be prepared and implemented
upon review and approval by the City Engineer.
16. One-foot wide "no access" strips shall be placed along Baxter Lane, as appropriate to preclude
direct lot access onto Baxter Lane, excepting the two accesses to Lot 142 shown on the site
plan, with the notation shown on the final plat.
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17. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows
Development by Robert Peccia & Associates, dated October 2001, shall be implemented with
Phase I unless specifically identified to be completed with a later phase, with the following
exceptions:
. No improvements to the intersections of Oak Street and Baxter Lane with North 19th
A venue must be completed with Phase 1; and
. Improvements to Baxter Lane between Davis Lane and North 19th A venue will not be
required in Phase I.
18. Baxter Lane shall bc fully improved to the appropriate typical section where adjacent to Phase
I. Where Phase I includes only one side of Baxter Lane, one half of the appropriate typical
section plus an additional 11' driving lane and 5' paved shoulder shall be provided, to an
appropriate point immediately west of Ferguson Road as determined by the City Engineer. The
remaining half street improvements continuing to the west end of Phase I will be subject to
waiver of right to protest the creation of SIDs per Condition # 46.
19. Maintenance of on-site areas and facilities such as pocket parks, equestrian open space, etc.
shall be provided by the developer and/or the homeowners' association.
20. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agrec in writing to a surcharge to cover the costs of operating and maintaining
the lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors and assigns. The agreement shall be subject to approval by thc City Engineer and
the City Attorney.
2 L A temporary turnaround shall be provided at the east end of the Equestrian Lane
improvements.
22. The sidewalk along the east side of Lot 107 (Latigo A venue) shall be extended to the walk on
Baxter Lane.
23. The lot numbers on the final plat shall utilize a block and lot numbering schcme as required by
Section 16.14.030 E. of the Bozeman Subdivision Regulations.
24. Prior to filing of the final plat, a site plan, complying with the requirements of Section
IS.52.030 of the City Zoning Ordinance, for Lots I through 27 (condominiums and town
homes) shall be submitted for review and approval.
25. The applicant shall provide easements, in a form acceptable to the city, for all on and off site
sewcr and water improvements. All water and sewer main easements shall be a minimum of
30 feet wide.
26. Easements shall be provided for all offsite drainage facilities.
27. Utility easements shall be granted on the final plat in accordance with thc requirements of
Section 16.14.050 of the City Subdivision Regulations.
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28. The applicant shall obtain encroachment permits for all utilities proposed to be installed in a
County right-of-way.
29. City standard residential sidewalks shall be constructed on all public street frontages of a
propcrty prior to occupancy of any structure on the property, and adjacent to any parks,
common open space or other individual private lots, or constructed prior to final plat approval,
unless appropriate financial guarantee, approved by the City, is entered into and provided by
the applicant, whichever occurs first.
This condition shall be included on the final plat and in the covenants for the subdivision.
30. Provisions for extending sewer mains to adjoining unsubdivided land shall be made in
accordance with Section 16.14.100 D of the City Subdivision Regulations.
31. All proposed manholes must be accessible to the City's large flusher truck. The applicant shall
submit an all weather access plan with the project infrastructure plans subject to approval by
the City Water/Sewer Superintendent.
32. The proposed sewer service lines to Lots 1 through 27 are unacceptable as shown and shall be
modified with the infrastructure plans.
33. The water line in Riata Road near Lot 137 shall be extended to the north to tie into the
proposed water line in Ferguson Road.
34. The water systcm shall be looped and be connected to the existing 12" water line in
Deadman's Gulch Road or Catron Street and the existing water line in Oak Street. The subject
water systems must, at a minimum, be sized in accordance with the City's master-planned line
sizes provided in the current Water Facilities Plan.
35. The proposed water service lines to Lots 1 through 27 are unacceptable as shown and shall be
modified with the infrastructure plans.
36. An access road, acceptable to the City Water/Sewer Superintendent, shall be constructed to
service all on and offsite water improvements.
37. As part of the infrastructure plan submittal, 100-year flood elevations shall be computed for
the Spring Ditch and the Baxter-Border Ditch, and the limits of flooding identified. If flooding
limits encroach onto proposed lots, this shall be noted on the final plat along with a minimum
floor elevation for the structures to be constructed on the lots.
38. The Property Owners' Association shall be responsible for the maintenance of all storm water
facilities constructed for the project.
39. The applicant shall obtain permission from the appropriate ditch companies to discharge storm
runoff into the ditches and for any relocation(s).
40. All ditch easements and setbacks shall be shown on the final plat.
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41" The infrastructure plans shall include a detailed grading plan identifying the elevation of all
proposed structures.
42. Watercourse setbacks in accordance with Section 16.14.130 of the Bozeman Subdivision
Regulations shall be shown on the final plat.
43. In locations where Baxter Lane is being improved, the various irrigation ditches and stream-
ditches shall be either relocated outside of the right-of-way or placed in a pipe.
44. The alley streets shall be paved to a minimum width of 20 feet.
45. The major street intersections on Baxter Lane must be illuminated with lights that meet the
City's standard requirements. In addition, all outdoor lighting (residential, commercial or
otherwise) shall be free of glare, and shall be fully shielded or shall be indirect lighting. No
lighting shall be beyond a property's lot line. No ranch lights or unshielded lights shall be
permitted. No mercury vapor lights shall be permitted. Covenants of the development shall
reflect these restrictions. For purposes of this paragraph, the following definitions shall apply:
a. Fully-shielded lights: Outdoor light fixtures shielded or constructed so that no light
rays are emitted by the installed fixture at angles above the horizontal plan as certified
by a photometric test expert.
b. Indirect light: Direct light that has been reflected or has scattered off of other surfaces.
c. Glare: Light emitting from a luminaire with an intensity great enough to reduce a
viewer's ability to see, and in extreme cases, causing momentary blindness.
d. Outdoor lighting: The nighttime illumination of an outside are or object by any man-
made device located outdoors that produces light by any means.
46. The applicant shall submit waivers of right to protest special improvement districts (SIDs) for
the following future improvements: Baxter Lane, Deadman's Gulch/ North 19th Avenue signal
improvements and North 19th A venue improvements.
47. If the applicant chooses to proceed with concurrent installation of improvements and
construction of the project, per Bozeman City Ordinances # 1532 and # 1533, a detailed plan
must be prepared by the applicant and submitted to the City for review and approval that all of
the terms and conditions of the applicable ordinances have been met prior to the issuance of
any building permit.
48. The landowner shall execute the Annexation Agreement for said property and the City
Commission shall formally adopt the request for annexation by Resolution prior to the
applicant submitting for final plat review and approval.
49. The landowner shall address the necessary contingencies of the Zone Map Amendment
application to establish an initial municipal zoning designation of "RS", Residential Suburban
District, "R-3 Residential Medium-Density District", and "BP Business Park District" on the
subject property, and the City Commission formally adopt the zone map amendment by
Ordinance prior to the applicant submitting for final plat review and approval.
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50. The final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision
Regulations, and shall include all appropriate certificates, and be accompanied by all
appropriate documents, including a Platting Certificate. Five (5) blue line paper prints and
four (4) Mylar copies of the final plat must be submitted for final plat approval, along with a
digital copy of the final plat, on a double sided, high density 3Y2-inch floppy disk.
51. The applicant shall obtain Montana Department of Environmental Quality approval of the
subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805
A.R.M.
52. The applicant shall submit to the Planning Office revised protective covenants,
restrictions and articles of incorporation based on the comments outlined in the staff report, at
least thirty (30) days prior to submitting an application for final plat, for review and approval
by the Planning Office, which shall be recorded and filed at the Gallatin County Clerk &
Recorder's Office with the final subdivision plat.
53. The applicant shall obtain written approval from the Bozeman Recreation and Parks
Advisory Board regarding the final design and location of the public pedestrian trails and
dedicated parkland(s) for said major subdivision prior to final plat approval.
54. The applicant shall submit a formal development plan for the design of the dedicated
parkland(s) for review and approval by the Superintendent of Facilities and Lands, signed by a
certified landscape architect. Details of plantings, species, topography, irrigation system, and
any permanent park features shall be shown and discussed with the plan. Construction of the
parkland improvements will be to City standards and must be completed with City oversight.
55. The applicant shall submit detailed parking plans for review and approval as part of the
final site plan process.
56. The applicant shall submit a common signage plan for the Phase I property that complies
with the Bozeman Sign Ordinance for approval by the Planning Office prior to final site plan
approvaL
57. Utility easements as prescribed by the Subdivision Regulations shall be delineated accordingly
by dimensions on the final plat.
58. The final plat shall contain the minimum twenty (20) foot wide utility easements on all side
and rear property lines as required by the Subdivision Regulations. The requirement of utility
casements in the side property lines may be waived when all local utility agencies and the
Director of Public Service agree in writing that utilities can be installed in the proposed utility
easements along the front and rear of the residential lots or other proposed easements and that
utility easements along the side property lines are not necessary.
59. The final plat shall contain the following language that is readily visible with lettering on the
plat at a minimum width of 1/4-inch in height, placing future landowners of individual lots on
notice of the presence of high groundwater in the area of the subdivision for review and
approval by the Planning Office:
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BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER
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"Due to relatively high ground water table within the areas of the subdivision, it is not
recommended that residential dwellings with full basements be constructed without first
consulting a professional engineer. If daylight basements are incorporated in the
construction of residential dwellings, they should not have a depth greater than (3)
three feet below the top of the curb or crown of the street from which it is served. "
60. All street names shall be reviewed and approved by the County Road and Bridge Department
and City Engineering Department.
61. The applicant shall provide usable water rights, or cash in-lieu of water rights thereof, in the
amount to be determined by the Director of Public Service, prior to final plat approval.
62. Prior to filing of the final subdivision plat the applicant must provide written documentation of
an approved Memorandum of Understanding from the County Weed Control District verifying
the implementation of a noxious weed management and
re-vegetation plan.
63. The final plat shall contain a notation stating that the development of each phase of the
subdivision will not interfere with any agricultural water user facility or irrigation ditches for
downstream water user rights, and that it also be noted accordingly in the by-laws and
protective covenants for the homeowners' association.
64. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineers will need to be contacted regarding the
proposed project and any required permits (i.e., 310,404, turbidity exemption, etc.) shall be
obtained prior to final site plan approval, unless the applicant's professional engineer states in
writing that said permits are not required with this subdivision proposal.
65. The applicant shall prepare a cultural resource survey of said property if requested by the
Montana Historical Society with documentation of a written response of approval from the
historical society included with the final plat application for review and approval by the
Historic Preservation Officer.
66. The applicant shall ensure that all construction material and other debris is removed from the
subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
67. The applicant shall enter in an improvements agreement with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the final plat is filed prior to installation
of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements.
68. The applicant shall have three (3) years from the date of preliminary plat approval to complete
the conditions of preliminary plat approval and apply for final plat approval for said
subdivision.
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BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER
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69. Thc applicant shall submit with the application for final plat review and approval of Baxter
Mcadows Phase I Subdivision P.D.D., a written narrative stating how each of the conditions of
preliminary plat approval have been satisfactorily addressed.
70. Plans for the design and construction of the proposed dead end for Latigo Road should be
submitted to City Staff for review and approval prior to construction. (pcr page 14 of minutes)
71. The proposed roundabout at Baxter Lane and Ferguson Road shall be fully improved with the
initial phase of the subdivision unless otherwise approved by the City Commission. The design
of the roundabout shall be completed with the first phases and right-of-way, as determined by
the design, shall be dedicated on the final plat, contingent upon acquisition of right-of-way by
the applicant. A 20-year design life shall be used for the street and roundabout improvements.
72. Pursuant to the recommendations of the projcct Traffic Impact Analysis, prepared by Robert
Pecci a & Associates, any damage of Baxter Lane from the intersection with North 19th A venue
to the entrance to the project, caused by project construction activities, shall be repaired by the
applicant. The applicant shall agree to repair any damage within one week of notification by
the City that repairs are required. The applicant shall post a bond of $ 10,000, or other security
acceptable to the City, with the City prior to beginning the work, to assure that the work is
completed.
73. The landowner agrees to provide the City with a payback of $ 15,000 per the payback schedule
dated May 10,2001, for the North 19th A venue/Baxter Lane signalization. Of this total
payback, the landowner agrees to pay $ 2,072 to the City prior to final plat approval for Phase
I of the development.
74. Any unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or State of Montana.
75. Because of the decrease in the number of lots during preliminary plat review, a boundary line
adjustment will be necessary. This boundary line adjustment shall be processed as part of the
final plat application.
The preliminary approval of this subdivision shall be effective for three (3) years from the
date of Preliminary Plat approval, November 19, 2001. At the end of this period the City Commission
may, at the request of the subdivider, extend its approval for not more than the one (1) calendar year.
However, preliminary approval may be extended for more than one (]) calendar if the developer enters
into, and secures, an Improvements Agreement for the Subdivision.
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BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER
" .
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DATED this 22nd day of January ,2002.
BOZEMAN CITY COMMISSION
~td~1(~
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
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BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER