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HomeMy WebLinkAbout02- Baxter Meadows, Phase 1 , . 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 1 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS 01<' FACT AND ORDER , 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. . 2 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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. 3 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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 4 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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. 5 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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. 6 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER .- . 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. 7 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF :FACT AND ORDER ---- . 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. 8 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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 9 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER , 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. 10 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER , 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. 11 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER 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. 12 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . . 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. 13 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . . 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. 14 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . 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: 15 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . "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. 16 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER . , . 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. 17 BAXTER MEADOWS- PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER " . . DATED this 22nd day of January ,2002. BOZEMAN CITY COMMISSION ~td~1(~ ATTEST: ~J~ Robin L. Sullivan Clerk of the Commission 18 BAXTER MEADOWS. PHASE I SUBDIVISION: FINDINGS OF FACT AND ORDER