HomeMy WebLinkAbout06- Baxter Meadows Phase 6
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BAXTER
MEADOWS DEVELOPMENT, LP, OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF BAXTER MEADOWS PUD
SUBDIVISION PHASE 6
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on May 15, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-1 01 through 76-3-625,
Montana Codes AtIDotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 11 acres into 49 single household lots, 3 multi-household lots, roads, alleys, park land
and open space, as submitted in its original form on March 7, 2006, (#P-060l5). 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 come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
1.
On March 7, 2006, the applicant / owner, Baxter Meadows Development, LP, P.O. Box
81487, Billings, MT 59108, submitted an application for approval to subdivide the Plat of Baxter
Meadows PUD Subdivision Phase 6, a major subdivision to develop ~49 single household lots, 3
multi-household lots, roads, alleys, park land and open space, on ~ 11 acres of property zoned R-3
(Residential Medium Density District) and B-2 (Community Business District). The applicant
requested relaxation of standards in the Title 18 of the Bozeman Municipal Code for the following
sections: 1) Section 18.16.030, Lot Coverage; to allow a maximum lot coverage of not more than
52% of the lot area for Bungalow Lots, and not more than 55% of the lot area for Village Lots; 2)
Section 18.16.030.C, Lot Coverage and Floor Area (RSLs); to allow affordable housing units to
exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575 square feet; 3)
Section 18.16.040, Lot Area; to allow Bungalow Lots to have a minimum lot area of2,432 square
feet and Village Lots to have a minimum lot area of 4,800 square feet; 4) Section 18.16.040, Lot
Width; to allow lots for single-household dwellings to have a minimum lot width of 40 feet; 5)
Section 18.16.050, Yards; to allow a minimum front yard of 10', and to allow a minimum rear yard
of 5' or 2'; 6) Section 18.42.040.D.l, Rights-of-Way for Pedestrians; to allow the yards adjacent to
pedestrian walks to be treated as side yards; 7) Section 18.42.060.8.2.b, Rear Yard Utility
Easements; to allow the rear yard utility easements to be 5' or 0' when adjacent to a public alley; 8)
Section 18.42.120, Mail Delivery; to allow the provision of an off-street area for mail delivery
outside of the subdivision but within the Baxter Meadows PUD; 9) Section 18.42.180.C, Number of
Restricted Size Lots Required; to allow the provision ofa minimum of7.5 percent of the buildable
net acreage dedicated to Restricted Size Lots (RSLs) and to allow a RSL to be smaller than 5,000
square feet for single household detached dwellings; 10) Section 18.42.180.D, Restrictions on
Building Size; to allow dwellings constructed on RSLa to not be subject to the size restrictions of
Section 18.16.030.8.1; and 11) Section 18.50.060, Frontage; to allow park land to have frontage
along 33 percent of the perimeter and to not provide the additional land area in the park to
accommodate the off-street parking which would have been provided by the additional length of
perimeter streets. The property is legally described as a portion of Tract 2A in cas 2202A, located
in the SE 'i4 of Section 34, Tl S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
11.
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 Bozeman Planning Board.
Ill.
Notice of the time and date of the public hearings was posted at the site. The notice was
mailed to all adjoining property owners by certified mail on March 31,2006. Notice of the time and
date ofthe public hearings was published in the Bozeman Daily Chronicle on April 2 and 9, 2006.
Baxter Meadows PUD Subdivision Phase 6, # P-0615: Findings of Fact
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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 April 18,
2006. The Planning Board found that the application was properly submitted and reviewed under the
procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor ofthe 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 the
requested relaxations. The Board discussed compliance with the Bozeman 2020 Community Plan.
The Board discussed the conditions, and agreed that the conditions outlined in the staff report were
necessary. The Board, on a vote of 7 to 0, recommends to the Bozeman City Commission that
Condition #14b be stricken from the list of conditions. The Board, on a vote of 6 to I, recommends
to the Bozeman City Commission that Condition #1 be amended as recommended by CAHAB. The
Planning Board then voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with the conditions as recommended by Staff and with Conditions #1
and # 14 as amended by Planning Board, passed on a vote of 6 in favor and 1 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
May 15, 2006, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-06015, 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 Commission discussed the pedestrian walkways and the need for continuity and
circulation.
The Commission discussed the history ofthis portion ofthe Baxter Meadows PUD.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
Baxter Meadows PUD Subdivision Phase 6, # P-0615: Findings of Fact
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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
the parcel in cultivated crops or pastureland.
2. Effects on Agricultural Water U<;er Facilities.
No agricultural water use will be affected by this subdivision.
3. Effects 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 Ferguson Avenue, Galloway Street and the
proposed internal streets.
4. Effects on the Natural Environment.
Detailed information regarding stonnwater management was addressed in the "Design
Report for The applicant's submittal information includes general stonn drainage and
grading concept. The stormwater management plan will be subject to further engineering
review as part of the infrastructure plan and specification review process. 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 the agricultural history ofthe property, any potential impacts to wildlife and wildlife
habitat are limited to white-tailed deer, small mammals and birds. No known endangered
species or critical game ranges have been identified in the area. There are active wetlands on
this property, which may provide limited habitat for wildlife. The wetlands included in this
phase ofthe development are riverine-type wetlands which will be protected by the 50-foot
watercourse setback.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater 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 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
Baxter Meadows PUD Subdivision Phase 6, # P-0615: Findings of Fact
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2. The local subdivision regulations provided for in Part 5 ofthe Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Title 18 of the
Bozeman Municipal Code. 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 Title 18 of the Bozeman
Municipal Code and shall be addressed on the final plat:
a. A qualified landscape professional shall either document that the current watercourse
setback planting plan meets the requirements of Section 18.42.100 or 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 I and Zone 2 outlined in Section 18.42.100. Since the
watercourse setback in located adjacent to the park boundaries, this shall be included in
the Park Plan.
b. Section 18.42.180, the RSL designation shall be recorded on the individual lots in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180.
c. Documentation of satisfaction of park dedication requirements in accordance with
Section 18.50.020 shall be provided. For the B-2 lots, if the subdivider indicates that the
net residential density of development is unknown, then the equivalent to an area
dedication for six dwellings per net acre shall be provided as cash-in-lieu, and the
number of dwelling units per lot for which cash-in-lieu has been paid shall be designated
on the plat.
d. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) 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 ofthe
filed documents shall be submitted with the final plan.
e. 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 of the Bozeman Municipal Code.
f. 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 Municipal Code. The same shall be submitted to the city attorney and shall not
Baxter Meadows PUD Subdivision Phase 6, # P.0615: Findings of Fact
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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.
g. A table showing the computed park areas shall be included on the final plat pursuant to
Section 18.78.030.0. This table shall include but is not limited to detention/retention
areas, watercourse, wetlands, watercourse setbacks, park land, parking area and total
area.
h. 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 ofthe 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.
. The Wetlands Asset evaluation indicates that over time, the wetlands areas will
require shrub and tree replacement, and bi- to tri-yearly weed control measure. This
needs to be addressed in the Final Park Plan.
l. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 3-1/2" floppy disk; and five (5) paper prints.
J. 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. Priorto
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 of the 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 between the City Commission and the
developer, provided for in 918.74.060, BMC.
k. If it is the developer's intent to file the plat prior to installation, certification, 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. 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.
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l. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each ofthe conditions of preliminary plat approval has been
satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. The notice was mailed to all adjoining
property owners by certified mail on March 31, 2006. The proposed project was noticed in
the Bozeman Daily Chronicle on April 2 and 9, 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 depicted on the final plat.
D. The provision oflegal 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, or direct
access to a dedicated public alley right-of-way and a public pedestrian walkway corridor.
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 Title 18 of the Bozeman Municipal
Code, 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 6, for Baxter Meadows Development, LP, be approved
subject to the following conditions:
1. The developer may provide only 7.5% of the net buildable area in RSL' s subject to the following
conditions.
. RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
. Affordable housing units may exceed the floor area ratio 1 :3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
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2. The east/west pedestrian rights-of-way in Blocks 15 and 16 shall be widened to 30 feet.
3. Lots adjacent to the pedestrian rights-of-way in Blocks 15 and 16 shall have 5 foot side yard
setbacks adjacent to the walkways.
4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
5. Additional park land shall be provided in the amount calculated at 5,768 square feet (lot frontage
(~412 feet) x 14 feet (parking on both sides of road) = ~ 5,768 square feet, if the frontage of the
park changes, this number will be recalculated). It is preferable to see the difference made up by
expanding the East West PPW between Ferguson and Milkhouse to a 30' wide dedicated trail
corridor.
6. Additional park land, cash in lieu or additional on-site park improvements shall be provided to
compensate for the cost of construction of the parking.
7. A street and traffic control signage plan for the subdivision shall be prepared and implemented
upon review and approval by the City Engineer, this shall include no parking signage in the
alleys and notification of mid-block pedestrian crossing.
8. Sewer and water services shall be shown on the landscaping plan and park plan, and approved by
the Water/Sewer Superintendent.
9. Trees shall not be located within 10 feet of sewer and water services. The park plans need to
remove the trees being planted within 10 feet of water and sewer services.
10. Covenants shall address the requirements that a planting permit for street trees must be submitted
to the COB and utility locates obtained before any excavation begins in the COB right of way.
11. A concurrent construction plan that addresses all aspects of Section 18.74.030.D may be
submitted for review, evaluation and consideration by ORC. No occupancy shall be permitted
until required infrastructure improvements have been completed, and inspected and accepted by
the City, and all other conditions have been met.
12. The street vision triangle diagram shall be corrected to show all street vision triangles.
13. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with
the final plat.
14. The following items shall be addressed in the Final Park Plan:
a. Sewer service is to be removed from the Park and the concrete "road" for servicing the sewer
is to be removed from the plan.
b. The Park shall be fully developed.
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c. Any barriers, such as fences, hedges, etc., on private property adjacent to the park boundary
shall have a minimum setback of 6 feet from the edge of the park sidewalk to provide a
maintainable area.
d. All sidewalks adjacent to park land shall be constructed to a 6 foot width.
e. Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33% street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,768 square feet (lot frontage (~
412 feet) x 14 feet (parking on both sides of road) = ~ 5,768 square feet, ifthe frontage of the
park changes, this number will be recalculated) plus the cost of construction. It is preferable
to see the difference made up by expanding the East West PPW between Ferguson and
Milkhouse to a 30' wide dedicated trail corridor.
f. Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
g. A master plan, including a maintenance plan, shall be completed and submitted to the City
Parks Division for review and approval.
h. The developer shall be responsible for the development the park and trails, to include at a
minimum for park development, grading, 10 inches of amended soil, irrigation system with
water source, seeding and landscaping.
1. Preconstruction meetings shall be held prior to all work to be done on park or trails.
J. All materials and construction shall meet standards set by the City Parks Division.
k. Cash in lieu shall be based on requirements in Section 18.50.030.
1. Trails - As the Baxter Meadows development borders both the regional park and school
district property, and the Public Pedestrian Walkway (PPW) provides the only East - West off
road pedestrian connection between the Greenway Open Space and Ferguson Ave., its design
should receive special attention.
. The offsets that occur in the PPW at Gallatin Green Blvd. and at the 20' alley should be
eliminated to provide improved continuity.
. The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing with
crossing and advanced crossing signs at either end.
. Curb cuts shall be provided at all street / trail connections.
. A 30' trail easement for the East-West PPW would create a much safer, more attractive,
and user-friendly pedestrian passage.
m. The subdivider should address maintenance of the public pedestrian walkways in Block 16
which show 6' sidewalks in a 10 or 12' easement with 2 or 3' lawn buffers on either side. At
this width, the buffers cannot be easily maintained. Either a larger buffer (6') minimum is
recommended, or covenants requiring a 6' setback from the sidewalk for any barriers, such as
fences, hedges.
15. 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.
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16. 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.
17. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification of completion and compliance stating that they wlderstand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
18. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
19. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
20. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.13.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
21. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
22. 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.
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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 runoffto 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
stormwater detention/retention basin and discharge structure details, basin sizing calculations and
a storm water 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 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.
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 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 ofthe requirements of section 18.74.030.D are
met to allow for concurrent construction.
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 final plat for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
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26. Flood plain:
a) The 1 DO-year floodplain shall be delineated for the watercourse on the eastern boundary of
the subdivision. If flooding limits encroach onto proposed lots, it shall be noted on the final
plat along with a minimum floor elevation for the structures to be constructed on the lots.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat.
27. 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.
28. Easements for the water and sewer main extensions shall be a minimum ono 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.
29. Project phasing shall be clearly defined including installation of infrastructure.
30. 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.
31. 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.1 of the
Bozeman Municipal Code. 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.
32. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman Municipal
Code. 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.
33. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to
filing of the final plat.
34. All improvements identified as necessary in the phase III traffic impact analysis shall also be
required for this phase. All improvements must be installed or financially guaranteed prior to
filing of the plat for this phase. No building permits will be issued until all improvements
required for the phase are installed and accepted unless approved for concurrent construction. If
concurrent construction is utilized, no occupancy will be allowed until the improvements are
installed and accepted.
35. The sewer main to serve block 16 should be installed in the alley rather than the pocket park. All
other utilities shall be prohibited from being installed within the alley right of way if the sewer is
located there.
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36. Easements shall be provided across lots 20, 21,26, & 28, of block 16 for the future maintenance
of the water services to lots 21 & 27, block 16. The easements in conjunction with the public
pedestrian walkway corridor shall provide for a total width of 20'.
37. AI' No Access Strip shall be shown on the plat along the entire frontage of Ferguson Avenue.
38. The COB design standards require a minimum of 6" crushed base course. The sections in the
geotechnical report only call 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 of the Bozeman Municipal Code, 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 ofthe subdivider, extend its approval as provided for in Title 18 ofthe
Bozeman Municipal Code.
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DATED this...<o day of
Av7uS1
,2006.
BOZEMAN CITY COMMISSION
BY:~{(0~
Jeff u ayot
Brit Fontenot
Clerk of the Commiss' n
Baxter Meadows PUD Subdivision Phase 6, # P-0615: Findings of Fact
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