Loading...
HomeMy WebLinkAbout06- Baxter Meadows PUD Subdivision, Phase 3 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICA TION OF BAXTER MEADOWS WEST, LLC, OWNERS, FOR PRELIMINARY FINDINGS APPROV AL OF THE PLAT OF BAXTER MEADOWS PUD OF FACT SUBDIVISION PHASE 3 AND ORDER This matter carne before the Bozeman City Commission on February 6, 2006, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Unified Development Ordinance. The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide ~83 acres into ~129 to 150 lots for single household residential use, roads, alleys, park and open space areas, as submitted in its original form on November 8, 2005, (#P-05065). The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having corne before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT 1. On November 8, 2005, the applicant / owner, Baxter Meadows West, LLC, 3985 Valley Commons Dr., Bozeman, MT 59718, submitted an application for approval to subdivide the Plat of Baxter Meadows PUD Subdivision Phase 3, a major subdivision to develop ~ 129 to 150 lots for single household residential use, roads, alleys, park and open space areas, on ~ 83 acres of property zoned R-I (Residential Sing1e- Household, Low Density District) and RS (Residential Suburban). The applicant requested relaxation of standards in the Bozeman Unified Development Ordinance for the following sections: 1) 18.42.180.C, Provision of Affordable Housing; to allow a residential subdivision to have less than the minimum of 10 percent of the net buildable acreage dedicated to Restricted Size Lots (RSLs); 2)18.16.040, Lot Area and Width; to allow lots (Restricted Size Lots (RSLs) in Phase 3 to have a minimum lot width of 45 feet; and 3) 18.50.070, Linear Parks; to allow the watercourse setback along the relocated portion ofthe Baxter-Border Ditch to be used to satisfy park land dedication req uirements. The property is legally described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD Phase 1 and Tract lA of the amended plat of Baxter Meadows Subdivision PUD Phase 1 Tract 1, located in the SW If,. of Section 34, TIS, R5E, PMM, City of Bozeman, Gallatin County, Montana. II. The comments ofthe Development Review Committee, along with those of Planning & Community Development Staff, were ineorporated into a Staff Report with suggested conditions of approval, which was provided to the Bozeman Planning Board. III. Notice ofthe time and date ofthe public hearings was posted at the site. The notice was mailcd to all adjoining property owners by certi fied mail on December 29, 2005. Notice of the time and date of the public hearings was published in the Bozeman Daily Chronicle on January 1, 2006 and January 8, 2006. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on January 18, 2006. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Unified Development Ordinance. Staff revicwed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public hearing. There was no comment from the general public. Receiving no response, the Board closed the public hearing. The Board discussed and did not support the relaxation to count the watercourse setback as park land. The Board discussed the street frontage of the park and the adequacy of 68 perccnt street frontage. The Board discussed the conditions, and agreed that the conditions outlined in the staff report were necessary. The Board, on a vote of 5 to 1, recommends to the Bozeman City Commission that Condition #9 be stricken from the list of conditions. The Planning Board then voted on a motion regarding the subdivision. The motion, to rccommcnd approval of the subdivision with the conditions as recommended by Staff and with Condition #9 stricken from the list of conditions, passed on a vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on February 2 6, 2006, at which time the recommendation of the Planning Board, presented in Plmming Board Resolution # P-05065, and information compiled by City staff was reviewed. The applicant made a formal presentation in favor of the requested subdivision. There was no comment from the general public. The Commission discussed requested relaxations, and the provision of affordable housing. The Comm ission discussed the watercourse setback and its location wholly surrounded by park land. The Commission discussed the park frontage and the removal of the five lots. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. 1. Effects on Agriculture. Historically, the subject property has been used for agricultural purposes with the majority of parcel in cultivated crops or pasture1and, most recently alfalfa. 2. Effects on Agricultural Water User Facilities. The Maynard Border Pipeline runs through the project. It is not located within a recorded easement. The applicant has proposed to move this pipeline to the open space corridor along the far western property line. The Baxter-Border Ditch runs through the property. The ability of the Baxter-Border Ditch to transport agricultural water will not be adversely impacted. 3. Fffects on Local Services. Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal water and sewer systems. Streets: Access to the subdivision will be from the existing Baxter Lane, Harper Puckett Road" and the proposed interior streets. 4. Effects on the Natural Environment. Detailed information regarding stormwater management was addressed in the "Design Report for Water, Sewer and Pavement Improvements" provided to the Engineering Department for review. Applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historical uses and the development of surrounding lands, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because municipal sewer will service development in the subdivision, the threat of groundwater 3 degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. B. Compliance with the following: 1. The survey requirements provided for in Part 4 ofthe Montana Subdivision and Platting Act. The subdivision complies or will comply with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: a. Pursuant to 18.42.060, a minimum easement width of 1 0 feet shall be provided on each side of irrigation pipelines and ditches. b. Per Section 18.42.060.D.1.c, the planting of vegetation other than grass within the irrigation facility easement is prohibited without the written permission ofthe facility owner. c. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback in located inside the park boundaries, this shall be included in the Park Plan. d. Section 18.42.150.C, Subdivision lighting includes street lighting and pathway intersection lighting. e. Per Section 18.42.180 ofthe Bozeman Unified Development Ordinance and the adopted growth policy, lands subdivided shall have not less than a minimum net density of six dwelling units per acre. With 129 dwelling units, this subdivision has a net density of ~ 3.4 dulac, and at 150 dwelling units, this subdivision has a net density of ~ 4 du/ac. However, staff interprets the minimum nct density of six dwelling units pcr acrc as averaged over the entire Baxter Meadows PUD. f. Section 18.42.180, the RSL designation shall bc recorded on the individual lots in a manner that will appcar on a title search and include rcference to the sunset provisions of Section 18.42.180. g. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Office prior to final plat approval. 4 h. Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the pcrimeters without street frontage. 1. Per Section 18.50.060, the subdivider shall provide the additional land for a parking arca based on lot frontage (~ 922 feet) x 14 feet for ~ 12,908 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated. J. Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. k. Section 18.50.080.D states that storm water retention or detention faei1ities may be located within a park but cannot count towards the final parkland dedication. 1. Section 18.50.080 states that the subdivider must decide on the improvements to be completed by the subdivider prior Final Park Plan approval. At a minimum these improvements included; leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, installing an underground irrigation system with well, boundary posts and sidewalks. In addition, these improvements include the parking area or improvements in lieu, the trail systcm to provide direct pedestrian access to the perimeter, and watercourse landscaping. m. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (Sills) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plan. n. Covenants, restrictions, and articles of incorporation for the creation of a homeowners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 ofthe Bozeman Unified Development Ordinance. o. Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified Dcvclopment Ordinance. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. p. A table showing the computed park areas shall be includcd on the final plat pursuant to Section 18.78.030.D. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, parking area and total arca. S q. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P. r. The Final Plat shall conform to all requirements of the Bozeman Unified Development Ordinance 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-112" floppy disk; and five (5) paper prints. The Certificate of Consent must be changed to a Certificate of Dedication, Completion ofIrnprovements and Surveyor Certificates for conformance to the UDO. s. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request ofthe developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement bctween the City Commission and the developer, provided for in S 18.74.060, BMC. t. If it is the developer's intent to file the plat prior to installation, ccrti fication, and acceptance of all required improvements by the City of Bozeman, 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. Ifthe 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. u. The applicant shall submit with the application for Final Plat revicw and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. 3. The local subdivision review procedure provided for in Part 6 ofthe Montana Subdivision and Platting Act. The hearings before the Planning Board and the City Commission have been properly noticed, as required in the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property owners by certified mail on December 29,2005. The proposed project was noticed in the Bozeman Daily Chronicle on January 1,2006 and January 8,2006. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and dcpicted on the final plat. 6 D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. All lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Montana Subdivision and Platting Act, and the Bozeman Unified Development 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 the Baxter Meadows PUD Subdivision Phase 3, for Baxter Meadows LLC., be approved subject to the following conditions: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of7.5 percent ofthe net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion ofthe Baxter-Border Ditch may be used to satisfy park land dedication requirements. 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 7. The number oflots in this subdivision may increase from 12910ts up to 150 lots to meet the requirement for Restricted Size Lots (RSLs) pursuant to Section 18.42.180. 8. Street trees in the boulevards adjacent to the mid-block trail crossings shall be eliminated. 7 9. The five lots along the south side of Equestrian Lane and the west side ofRiata Road shall be eliminated to provide additional park frontage. 10. The Final Park Plan shall: a) Be to a scale of I-inch equals 20 feet but not less than I-inch equals 100 feet. b) Ensure that bridges have a minimum width of 36 inches. c) Provide a trail system map/signage at the parking lot. d) Contain the appropriate sections from the "Design Guidelines for City of Bozeman Parks". 11. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment. 12. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 13. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 14. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. 15. The Final Plat shall contain the following language on the plat, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision "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 three (3) feet below the top of the curb or crown of the street from which it is served." 16. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 17. Stormwater Master Plan: 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 stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stomlwater detention/retention basin 8 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 conducive to the normal use and maintenance ofthe open space. Storm water 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. 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. 18. 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 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 all of the requirements of section 18.74.030.D are met to allow for concurrent construction. 19. 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. 20. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 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 ofthe plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notiee, construct within 30 days said sidewalk for their 10t(s), regardless ofwhethcr other improvements have been made upon the lot. This condition shall be included on the plat mld in the covenants for the subdivision. 21. 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 Final Plat approval. 22. Ditch relocation: a) The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i .e., 310,404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval. b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. 9 c) An easement shall be granted on the plat for the relocated irrigation ditch, and the existing easements vacated. 23. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center ofthe easement. In no case shall the utility be less than 10 feet from the edge of easement. 24. Project phasing shall be clearly defined including installation of infrastructure. 25. 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. 26. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.l of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 27. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 28. Flanders Mill Road shall be paved to a 24' wide county road section from the end ofthe existing asphalt north of Durston Road to Baxter Lane provided the 24' of asphalt can be centered in the existing right of way without necessitating relocation ofthe ditch. If it cannot be done, the same limits of road shall be overlaid with 4" of asphalt millings, treated with Reclamite, and chip sealed. 29. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. This will require approval from the Montana Department of Transportation for the required geometric improvements to the intersection of 19th and Oak. 30. The east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial standard as shown in the Transportation Plan along the entire frontage ofthe subdivision. The required right of way dedication for Harper Puckett is 60'. 31. The north half of Baxter Lane shall be improved to thc 2-Lane Minor Artcrial standard along the entirc frontage of the subdivision. The required right of way dedication for Baxter is 50'. 32. The west half of Davis/Fowler shall be improved to the 5-Lane, 71' back of curb to back of curb Minor Arterial standard from Baxter to Oak. The required easement for Fowler/Davis is 50'. 33. The sidewalks adjacent to Harper Pucket, Baxter, and Davis/Fowler shall be 6'wide, and shall be installed at the time the street improvements are done. 10 34. A l' No Access Strip shall be shown on the plat along the entirc frontage of Harper Pucket Road aIld Baxter Lane. 35. The water mains in Equestrian and Kimberwicke shall be extended to the center mcdian in Harper Pucket Road for future looping purposes. 36. The COB design standards require a minimum of 6" crushed base course. One of the alternative sections in the geotcch report only calls for 5". Revise accordingly. 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. Pursuant to Section 18.06.040.D.6, U.D.O, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions effective 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 Unified Development Ordinance. t., DA TED th~ l!!!!- day of ~ .JUAf ,2006. BOZEMAN CITY COMMISSION By~~t ~ J au," yo~ APPROVED AS TO FORM: Brit Fontenot ----/, ~~J( Tim Cooper City Clerk Staff Attorney 11