HomeMy WebLinkAbout03- Baxter Square Subdivision
...
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
BUFFALO LAND MANAGEMENT, L.L.C., EVERT OF }t~ACT
WIERDA AND BAXTER SQUARE PARTNERS, L.L.C. AND ORDER
REPRESENTED BY C&H ENGINEERING AND
SURVEYING, INC., FOR PRELIMINARY APPROVAL
OF BAXTER SQUARE SUBDIVISION.
This matter came before the Bozeman City Commission on August 11,2003, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Subdivision Regulations, City of Bozeman
Growth Policy, and City of Bozeman Zoning Ordinance. The applicant presented to the
Commission a proposed Preliminary Subdivision Plat for a 104-lot major subdivision planned unit
dcvelopment as submitted in its original form on May 21,2003, P-03020. The Commission held a
public hearing on the preliminary plat and considered all relevant cvidence relating to the public
health, safety, and welfare, including the recommendation of the planning board, to detcrminc
whether the plat should be approved, conditionally approved, or disapproved.
It appcared to the Commission that all parties wishing to appear and comment wcrc given the
opportunity to do so, and thereforc, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
.
~
FINDINGS OF FACT
I.
On May 21, 2003, Buffalo Land Management, L.L.C., Evert Wierda and Baxter Square
Partners, L.L.c. represented by C&H Engineering and Surveying, Inc., submitted an application for
approval to create a major subdivision of 18 acres into 104 residential lots. The property is legally
described as EYz WYz Sm,i SW1/4, SECTION 35, TIS, R5E, Gallatin County, Montana. The subject
property is zoned R~3 (Residential Medium Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
111.
Notice of the time and date of the public meeting and public hcaring was posted at the site on
January 10,2003. Said notice also served to inform interestcd persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The City of Bozeman Planning Board opened the public meeting on June 27, 2003. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff
reviewed the staff report and the evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
-2-
~
~
The Planning Board then opened the public hearing. No one from the general public spoke
regarding the proposed subdivision, the Planning Board closed the public meeting.
The City of Bozeman Planning Board then moved to recommend approval of the subdi vision
with conditions as recommended by Staff and passed on a unanimous vote of 6 in favor and 0 in
opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
August 11, 2003, at which time the recommendation of the Planning Board and information
compiled by City staff was revicwed.
V.
The application was considcred by the Bozeman City Commission and weighed against the
review critcria established by Statute, and found as follows:
A) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The property has been master planned for Residential development. The urban density
dcvelopment will replace the existing agricultural uses.
2. Effects on Agricultural Water User Facilities.
No effects on agricultural water user facilities were identified.
3. Effects on Local Services.
Water/Sewer: One of the recommended conditions of approval would require the subdi vider
to install an irrigation well for the watering of residential yards, parks and open space areas.
An irrigation well will eliminate the use of treated water for irrigation purposes and is also a
cost saving measure for the residents of the development. The 12" water main in Baxter Lane
shall be extended to the western boundary of the subdivision to conform to the City's Water
Master Plan. The developer further proposes to extend the 8" sewer main located in the south
end of Cattail Creek subdivision to the subdivision along Thomas Drive/North 27th A venue.
Police/Fire: During D.R.C. review the Fire Department expressed some concern over the
growth of the city to the west and the inevitable increase in response times from the existing
fire stations.
-3-
.
"
Streets: Access to the property will be provided primarily from Baxter Lane, which is
identified as a minor arterial street. A local street will be constructed through the subdivision
to Thomas Dri ve/North 27th A venue, a collector street, in order to provide secondary access.
The developers have obtained a public street easement to allow the construction of the local
street across adjacent parcels. Aside from the primary north/south street and the east/west
street to be constructed within a 60-foot right of way, the remaining streets will be designated
as private streets and constructed within a 32-foot public street easement.
Utilities: The appropriate utility easements must be noted on the final plat. Easements for the
water and sewer main extensions shall be a minimum of 30 feet in width, with the utility
located in the center of the easement. In no case shall the utility be less than 10 feet from the
edge of easement.
4. Effects on the Natural Environment.
Surface run off will be directed into storm water detention facilities that will be maintained by
the property owner's association. The watercourse wi II be designated as common open space
and a public trail corridor will be constructed adjacent to the watcrcourse as outlined in
pathway and zonc planting requirements in the Subdivision Regulations.
5. Effects on Wildl~fe and Wildlife Habitat.
There should be minimal impact on Cattail Creek given the distance of the developed area
from the watercourse. The 50-foot stream setback will provide a buffer to the watercourse
and will support the usual small mammals found in riparian areas. Thc applicant is aware of
any and all permitting required with Fish, Wildlife & Parks and will obtain all permits
necessary.
6. Effects on Public Health and Safety.
The threat of groundwater degradation from on site scwage disposal should be eliminated since
municipal sewer will service the development. In addition to city review of the Plans and
Specifications, the subdivider will be required to obtain any permits rcquired by the Montana
Department of Environmental Quality, Fish, Wildlifc & Parks, Department of Natural
Resource Conservation and the Montana Department of Transportation.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLATTING ACT.
The subdi vision currently complies and will remain in compliance with survey requirements
of the Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The final plat will comply with the Subdivision Regulations with the recommended
conditions of approval outlined in the beginning of the staff report.
-4-
-
,
. i'l.~ihdings
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The Planning Board and City Commission hearings have been properly noticed, as required
in the Subdivision Regulations.
E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA TION OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided and depicted on the final plat.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Primary access will be provided from Baxter Lane and secondary access will be providcd
from Thomas Drive/North 2ih Avenue. All lots within the subdivision will have direct
access either to thc dedicated public streets or to adjacent private strccts with public street
easements.
ORDER
After considering all matters of record prescntcd at the public hearing, the Bozeman City
Commission found that the proposed subdi vision would comply with the adopted Growth Policy and
the requirements of the City of Bozeman Subdivision Regulations, the Montana Subdivision and
Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence,
as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered
herein to ensure that the final plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of thc
Baxter Square Major Subdivision P.U.D. for Buffalo Land Managcment, L.L.C., Evert Wierda and
Baxter Square Partners, L.L.c., be approved, subject to the following conditions:
Conditions for Approval
1. All mature vegetation that currently exists within any of the designated park, open space and
required setbacks shall be preserved. The Planning Office shall be contacted prior to any
mature vegetation being removed.
-5-
.
.
)B~Mft..: ' dOrder
2. Unless precluded by DNRC, the subdi vider shall be responsible for locating and installing an
irrigation well strictly for the purposes of irrigating residential yard spaces, boulevard, open
space and parkland. If a well is not permitted, irrigation shall be provided by the subdivider
using City water, and a new landscape plan, which includes mostly drought~resistant species,
shall be submitted for review and approval by the Planning Department
3. If the subdi vision improvements are to be phased then the open space and parkland
improvements shall be completed with the platting of Phase 1.
4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of
Public Service, must be paid at the time the final plat is submittcd.
5. The declaration of covenants for the subdivision must bc included and recorded with the
Final Plat. The City of Bozcman shall be patty to any changes or modifications made to the
restrictive covenants and Architectural Guidelines as they relate to any zoning and/or
planning bylaws.
6. The dedicated parkland shall be identified as "Public Park" on the final plat.
7. The developer shall submit a formal development plan signed by a certificd landscape
architect for the design of all dedicated parklands within said subdivision for review and
approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman
Recreation and Parks Advisory Board. Per Section 16.08.080 "Final Park Plan", a final park
plan shall bc submitted to the City of Bozeman for review and approval prior to the
installation of any park improvements. The park plan shall address all of the items listed in
Section 16.08.050.P for the dedicated parkland, open space areas and trail amenities.
8. The applicant shall obtain written approval from the Superintendent of Facilities and Public
Lands of a park land implementation plan outlining installation of landscape improvements,
trai I/bike path improvements, and maintenance and upkeep of the park lands and trails, and
that said implementation plan be noted accordingly in the protective covenants and
restrictions of the property owner's association documents, for review and approval prior to
Final Plat approval.
9. Section 16.14.100 "Park Requirements" allows public parkland to be used for storm water
detention or retention ponds but the area shall not count towards the parkland dedication
requirement. The parkland estimates shall be recalculated excluding the storm water
detention/retention ponds.
10. The public parkland boundaries bordering all private lots shall be delineated at the common
private/public comer pins, with flat, flexible fiberglass posts, as prescribed in Section
-6.
. .
.
.iIidings ofJ1'1l.Cf.'
16.14.100.F.3 of the subdivision regulations prior to filing of the any phase of the major
subdivision that contains dedicated public parkland.
11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland
donation then the plat shall conform to Section 18.14.100.G "Cash in Lieu of Park Land
Donation".
12. Section 16.14.110.A "City of Bozeman Rights-of-Way", states that the subdivider shall be
responsible for installing sod, boulevard trees and an irrigation system in the public right-of-
way boulevard strips along all external subdivision streets and adjacent to subdivision parks
or other open space areas.
13. Section 16.l4.120.B.l "Transportation Pathways", requires corridors for Class 1 trails to be
dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure
adequate room for the construction, maintenance and use of the trail. Transportation trail
corridors cannot be used to satisfy parkland dedication rcquirements. Trail specifications
shall be submi ttcd to the Planning Department, for review and approval, prior to construction
of the trail.
14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public
rights-of-way and/or land used to meet parkland dedication requirements. The as-builts shall
include the exact locations and type of lines, including accurate depth, water source, heads,
electric valves, quick couplers, drains and control box as outlined in Section 16.08.090
"Irrigation System As-bui Its".
15. Streetlights shall be provided at all intersections of public and/or private streets and at the
intersection of pathways and streets within the proposcd subdivision as outlined in Section
16.14.230.D "Subdivision Light Fixture Location and Placement".
16. Per Section 16.14.230.0 "Lighting Specifications", the standard height for light standards
shall not exceed 24 feet.
17. As recommended by the State Historical Preservation Office (SHPO), a professional cultural
resource inventory of the site shall be conducted by a qualified archeologist. The results of
said survey must be provided to the Planning Department prior to the submittal of any
infrastructure plans and specifications.
18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious weeds
and a copy provided to the Planning Department.
-7-
"
-
19. The final plat shall conform to all requirements ofthe Bozeman Subdivision Regulations and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The final plat application shall include two (2) signed reproducible copies on a stable base
polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Yz-inch
floppy disk or compact disk; and five (5) paper prints.
20. Conditional approval of the preliminary plat shall be in force for not more than three calendar
years, as provided by state statute. Prior to that expiration date, the developer may submit a
letter of request for the extension of the period to the Planning Director for the City
Commission's consideration.
21. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into 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 the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements.
22. A Stormwater 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 stormwaterreceiving
channel. The plan shall include sufficient site grading and elevation information (particularly
for the basin site, drainage ways and finished lot gradcs), typical stormwatcr
detention/retention basin and discharge structure details, basin sizing calculations and a
stormwater maintenance plan. Any stormwater ponds located within a park or open space
shall be designed and constructed to be conduci ve to the normal use and maintenance of the
open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot
runoff, public or private streets, common open space, parks, etc.) shall not be located
on easements within privately owned lots. The pond in the northwest corner of the
subdivision appears to violate this and shall be on open space if it is collecting runoff
from subdivisions streets. 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 established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the FSP for each lot.
23. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
-8-
,
.
ivision PUD Firidi'" '~r
and approved 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 approved for
concurrent construction by the City Commission. If approved for concurrent
construction, all parts of section 16.22.030 of the subdivision regulations must be
complied with.
24. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval. City standard
residential sidewalks shall be constructed on all public street frontages of a property prior
to occupancy of any structure on the property. Upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the plat and in the covenants for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
26. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
27. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
28. Project phasing shall be clearly defined including installation of infrastructure.
29. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
30. All street names must be approved by the County Road and Bridge Department and the
City Engineering Division to eliminate duplication of names countywide.
-9-
. .
.
_~..Maj.or SubdivisiOI).Rl.JI::!':'~I__\:.:.'...... #P-03020$#a,~
31. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane
frontage. The driveway for the existing dwelling shall be relocated to the new street, and
the existing driveway obliterated.
32. The existing dwelling must be connected to city sewer and water once the mains have
been installed and accepted by the City.
33. The 12" water main in Baxter Lane shall be extended to the western boundary of the
subdivision to conform to the City's Water Master Plan.
34. Baxter Lane shall be improved to one half of a minor arterial standard as shown in the
Transportation Plan along the frontage of this subdivision.
35. North 27th/Thomas shall be improved to one half of a collector standard as shown in the
Transportation Plan from the east/west street midway through the subdi vision to Baxter
Lane.
36. The three way stop suggested in the Traffic Impact Study (TIS) at the intersection in the
center of the subdivision will not be allowed. This intersection will be one way stop
controlled (south leg) until such time as warrants are met for three way stop. If
crosswalks are installed at this intersection as suggested in the TIS they must be
thermoplastic or preformed plastic, and all required signing must be installed.
37. No Parking signs shall be installed and the curb painted yellow on one side of all of the
private streets. The minimum allowed width of these private streets shall be 29' back of
curb to back of curb.
38. All of the sidewalks that are substandard (less than 5') in width shall meet ADA
requirements for turnouts for passing and width at intersections.
39. All lots shall be served by a sewer main extended from the north near Cattail Drive. No
direct connection to the Baxter sewer will be allowed.
40. The center east/west public street shall be improved to a full city standard local street
from the eastern boundary of this subdivision to North 2ih/Thomas.
41. An additional 0.8 acres of parkland dedication is required. Lots 54 and 55 shall be
removed and added to the land adjacent to the park and the remaining required acreage
shall be received as cash-in-lieu as written in Condition #11.
.10.
~ .
.
42. The overhead power line across the park shall be relocated or buried to avoid interference
with park use and public safety.
43. The north end of the trail, near the stream/ditch, shall be located so as to continue along
the stream/ditch when the property to the west is developed.
44. The applicants are required to provide two additional ground water test pits during the
month of August. The plat shall include restrictive language for construction if
determined necessary by the Engineering and Building Departments. Record of the
ground water depth shall be provided on the plat.
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 these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Thc preliminary approval of
this subdivision shall be effective for three years from the date of adoption of these Findings by the
City Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
DATED this 6th day of October ,2003.
BOZEMAN CITY COMMISSION
BY_~ ~ ·
Steven R. Kirchhoff, ayor
ATTEST:
G~L~
Robin L. Sullivan
Clerk of the Commission
-11-