HomeMy WebLinkAboutBaxter Meadows Planned Unit Development Phase SE Subdivision #P-03042
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Preliminary Plat Approval Second Extension; Baxter Meadows PUD Phase
2E Subdivision #P-03042
MEETING DATE: Monday, January 14, 2008
RECOMMENDATION: The City Commission grants the second, one-year preliminary plat
approval extension, or until February 2, 2009, subject to receipt within 30 days of grant of
extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for
150% of the engineer’s estimated costs of all remaining improvements (including subdivision
requirements, PUD requirements and private sidewalks) in accordance with Sections 18.06.040 and
18.74.060 of the Bozeman Municipal Code.
BACKGROUND: Thomas, Dean, & Hoskins requested a second one-year extension on the
preliminary plat approval for the above-reference major subdivision on behalf of Baxter Meadows
Development LP. This major subdivision received preliminary plat approval on February 2, 2004.
The Findings of Fact and Order were signed on June 14, 2004. Because it was a multi-phase major
subdivision, the subdivider had three years, or until February 2, 2007, to submit a final plat
application. In 2007, they were granted the first, one-year extension.
UNRESOLVED ISSUES: The application for preliminary plat review was evaluated pursuant to
Section 16.10.050 of the City of Bozeman Subdivision Regulations, which is no longer in effect.
The Subdivision Regulations have been replaced by the City of Bozeman Unified Development
Ordinance as a tool to further implement the goals and policies of the City of Bozeman 2020
Community Plan.
This phase includes multiple lots with some improvements installed; the outstanding improvements
include but are not limited to the extension of Equestrian Lane, center/neighborhood park
improvements, parking lot improvements, street lighting, public and private sidewalks, and street
trees. In addition, this phase includes a center/neighborhood park for which no park plan has been
submitted for review by staff and approval by the City Commission. The Final Park Plan and the
Final PUD Plan must be approved before the final plat can be granted approval by the City
Commission.
FISCAL EFFECTS: There should be no fiscal impacts from this request.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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Crist Law Firm, LLC
+
The Securities Building . 2708 First Avenue North, Suite 300 . Billings, Montana 59101
Telephone (406) 255-0400 . Facsimile (406) 255-0697
John G. Crist Eric Edward Nord Benjamin J. Alke Michael IC Rapkoch
jcrist@cristlaw.com enord@cristlawcom balke@cristlaw.com mrapkoch@cristlaw.com
January 42008
Karen Jacobson, Mayor Sean Becker
Bozeman City Commissioner Bozeman City Commissioner
P.O. Box 1230 P.O. Box 1230
Bozeman, Montana 59771 Bozeman, Montana 59771
Jeff Krauss Jeff Rupp
Bozeman City Commissioner Bozeman City Commissioner
P.O. Box 1230 P.O. Box 1230
Bozeman, Montana 5977I Bozeman, Montana 5977I
Eric Bryson
Bozeman City Commissioner
P.O. Box 1230
Bozeman, Montana 59771
RE: Requestfor Extension Of Prelíminøry Pløt Approvøl Period For Bøxter
Meødows PUD Phøses 28,28, ønd 2F
Honorable Commissioners of the Citv of Bozemani
Pursuant to Uniform Development Ordinance ("UDO") Section 18.06.040.D.6.,
and MCA Section 76-3-610(1), Baxter Meadows Development, L.P. ("Baxter"), the
developer of the Baxter Meadows PUD, respectfully requests a one (1) year extension of
the Commission's approval of the preliminary plat for phases 28,2F., and 2F of its
Baxter Meadows PUD. This is the second request for a one (1) year extension of time.
This Commission reviewed and, for many of the same reasons below, approved the prior
request. As Baxter diligently continues its work on the remaining phases of the Baxter
Meadows PUD, it is necessary to request another one (1) year extension. The basis for
this request, and a summary of the progress since the initial approval of the subdivision,
are set forth below.
A. Legal Basis for Request.
Section 18.06.040.D.6. of the UDO authorizes this Commission, in its discretion,
to extend the period of preliminary plat approval in one (1) year increments or, for more
than one year, if included as a specific condition of a written subdivision improvements
asreement.
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This section, based upon state law, thus recognizes that it is appropriate, and in
certain instances necessary to grant extensions of time to complete the conditions of plat
approval where, like here, the subdivision at issue is part of a larger, complex
development, such as the Baxter Meadows PUD, and completion of the plat requirements
within the time frames applicable to "typical" developments, is not feasible or
appropriate.
State law, upon which the City's regulation is premised, contemplates that a
goveming body may grant more than four years to a developer to complete the
requirements of preliminary plat approval. Section 76-3-610 of the Montana Code, upon
which Section 18.06.040.D.6. of the UDO is based, provides, in relevant part,tha| "At the
end of the [initial approval] period the goveming body may, althe request of the
subdivider, extend its approval for no more than 1 calendar year, except that the
governing body may extend its approval for more than 1 year if that approval period is
included as a specific condition of a written agreement between the governing body and
the subdivider, according to 76-3-507." This statute allows for one (1) year extensions of
approval, as well as extensions beyond one year, if part of a written improvements
agreement. Because this application requests only a one-year extension of time, an
improvements agreement is not required.'
B. The Baxter Meødows PUD.
Turning now to the Application before you, Baxter Meadows received
preliminary plat approval for Phases 2B,2E, and2F (collectively, the "Phases") in
February 2,2004. These Phases are part of the Master Planned Unit Development plan
for all of the real property owned by Baxter located on Baxter Lane between Davis Lane
and Harper Puckett Road (a/k/a Cottonwood Road) of which the boundaries are Oak
Street to the south, Cattail Street to the north, Davis Lane to the east and Harper Puckett
Road to the west.
The magnitude of this project is 460 acres, and is one of the largest in the City.
Because of the size and complexity of the project, coupled with the short building season
in Bozeman, Baxter requests additional time to complete the conditions imposed by this
Commission when it originally approved these Phases.
Baxter has worked diligently with respect to satisfuing the conditions for plat
approval for these Phases, and others that are part of the larger PUD for the entire
development at issue, including obtaining final plat approval for several phases of the
Baxter Meadows subdivision including Phases l,2A,2C &, D, Phase 3A,6, and 4A.
As stated previously, Baxter requested and obtained a one-year extension from the
Commission for the preliminary plat approval period for Phases 2F.,2F, and2F. During
I The Gallatin County Commission takes such an approach when interpreting MCA Section 76-3-610.
See Extension Request of Big Sþ Town Center and Gallatin County's approval thereof attached as Exhibit
rrA.r'
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that time, there have been several substantive improvements made to the project,
including, but not limited to, completion of Baxter Lane, Phase 2B watet, sewer, storm
drain and streets, and completion of portions of Phase 2E water, sewer, storm drain and
streets.
The project as a whole is currently well-underway. The entire project is
approximately 75o/o complete. Phase(s) 2P.,2F,, &,4B which include commercial B-2
property and R-3 zoning (48) are expected to go to final plat in 2008. Phase 2F is slated
to go to final plat in late 2008 or possible 2009.
Baxter's infrastructure construction schedule for the remaining build-out of the
project anticipates that most of the water, sewer, and roads will be completed in the next
five years, or so, depending on market conditions and absorption.
Baxter keeps the planning office up to date with respect to the Baxter Meadows
project. It has completed a significant number of the conditions required for final plat
approval of Phases 2B., 2F,, and 2F , but additional time is necessary due to the sheer
magnitude of the project.
The market has changed significantly over the last two years. Increased
construction costs and consumer concerns and expectations have had an impact on
demand. Baxter continues to evaluate plans and adjust where possible, and needs
additional time to meet the changed market environment. Installing the remaining
infrastructure to complete all phases currently under preliminary plat approval would
result in additional vacant lots in an already saturated market. This also result in
additional infrastructure (water, sewer, storm drain, and streets) that the City is
responsible for maintaining that is not being utilized nor are taxes being collected at the
rate that a developed lot would pay.
It is important to keep in mind that Phases 2B.,2F, and2F is within the larger
PUD that has been previously approved by this Commission. The PUD provides for a
build-out period of 10 - 12 years. The PUD provides for long-range planning of the
entire section of real property and Baxter respectfully requests the flexibility that
additional time brings to this unique development to ensure that its long range planrning
goals and objectives, which have been approved, encouraged and supported by this
Commission for many years, reach fruition for the benefit of the Phases, the overall
project, and the City as well.
Finally, another one-year extension is not detrimental to the public health, safety
and general welfare. As stated, state law and portions of the City's regulations rccognize
that with large, complex projects, the public health, safety and welfare will be served if a
developer has the time necessary to complete the requirements of the preliminary plat
approval. By approving one (1) year extensions of the plat approval, this Commission
ensures that it is able to oversee the continued development of Baxter Meadows and that
progress is being made that is consistent with the approvals granted by this Commission
previously.
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Accordingly, and for the foregoing reasons, Baxter respectfully requests that this
Commission extend its approval of the plat for Phases 2B.,2F,, and2F another year, to
and including February, 2009.
Thank you for your consideration of this matter.
ti-LRESPECTFULLY SUBMITTED this 7 " day of January,2008.
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Enclosure
cc:Lannette Windemaker (w/encls.)
Andy Epple (Wencls.)
Tim Cooper (wiencls.)
Jerry Williams (w/encls.)
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GOETZ, GALLIK & BALDWII,{, P.C.
Attorneys at Law
The Ketterer Building
35 North Grand
Bozeman, Montana 59715
(406)sB7-06t B
l;4ay 16,2007
Steve White
Gallatin County Commissioner
311 West Main Street
Room 306
Bozeman, Montana 597T5
Joseph Skinner
Gallatin County Commissioner
311 'West Main Street
Room 306
Bozeman. Montana 59715
Bill Murdock
Gallatin County Commissioner
3i1 West Main Street
Room 306
Bozeman, Montana 59715
BY HAND
RE: Requestfor Extension Of Period Preliminary Plat Approvøl For Big Sþ Town
C enter S ubdivision (Remaining Phases)
Honorable Commissioners of Gallatin County:
Pursuant to Section 3.N. of the Gallatin County Subdivision Regulations, and
MCA Section 76-3-6100), Simkins Holdings, LLC, the developer of the Big Sky Town
Center, respectfully requests a one (1) year extension of the Commission's approval of
the preliminary plat for the remaining phases of its Big Sky Town Center Subdivision.
This is the fifth request for a one (1) year extension of time. This Commission reviewed
and, for many of the same reasons below, approved all prior requests. As Simkins
diligently continues its work on the remaining phases of the Town Center Major
Subdivision, it is necessary to request another one (1) year extension. The basis for this
request, and a summary of the progress since the initial approval of the subdivision, are
set forth below.
A.Legal Bøsis for Request.
Section 3.N.i authorizes this Commission, in its discretion, to extend the period of
preliminary plat approval in one (1) year increments, or for more than one year, if
included as a specific condition of an Improvements Agreement:
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i. Upon approval or conditional approval of the preliminary plat, the
County Commission shall provide the subdivider with the dated
and sign statement of approval as part of thefindings. The
approval shall be in force for no more than three calendar years.
A. At least 30 days prior to the expiration of the preliminary
plat approval, the County Commission, at its discretion and
at the written request of the subdivider, ma)t extend its
approval for a period of one additional )¡ear.
B. The Countv Commission mqt extend the approvalfor more
than one year if a longer approval period is included as a
specific condition of a written Subdivision Improvements
Agreement between the County Commission and the
subdivider.
(Emphasis added).
This section, based upon state law, thus recognizes that it is appropriate, and in
certain instances necessary to grant extensions of time to complete the conditions of plat
approval where, like here, the subdivision at issue is part of alarger, complex
development, such as the Big Sky Town Center, and completion of the plat requirements
within the time frames applicable to "typical" developments, is not feasible or
appropriate. It is this Section, or its predecessor, thaf this Commission has relied upon in
grantingprior extensions for this project.
State law, upon which Gallatin County's regulation is premised, contemplates that
a governing body may grant more than four years to a developer to complete the
requirements of preliminary plat approval. Section 76-3-610 of the Montana Code, upon
which Section 3.N.i of the County Subdivision Regulations is based, provides, in relevant
part,that "At the end of the finitial approval] period the governing body may, atthe
request of the subdivider, extend its approval for no more than 1 calendar year, except
that the governing body may extend its approval for more than i year if that approval
period is included as a specific condition of a written agreement between the governing
body and the subdivider, according to 76-3-507. This statute allows for one (1) year
extensions of approval, as well as extensions beyond one year, if part of a written
improvements agreement. Because this application requests only a one-year extension of
time, an improvements agreement is not required.
B. The Town Center Subdivision ønd MPUD.
Tuming now to the Application before you, Gallatin Peaks, the predecessor of
Simkins Holdings, received preliminary plat approval for its Town Center Subdivision in
October, 2000. This subdivision is part of the Master Planned Unit Development plan for
all of the real property encompassed by Section 1, Township 7 South, Range 3 East, near
Meadow Village, in Big Sky, Montana. Simkins Holdings is the successor in interest to
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Gallatin Peaks Land and Development,LLC, having taken over sole responsibility for the
project several years ago.
The magnitude of this project is the largest in Big Sky, and one of the largest in
the County, and likely the state. Because of the size and complexity of the project,
coupled with the short building season associated with the mountainous environment,
Simkins Holdings requests additional time to complete the conditions imposed by this
Commission when it originally approved this subdivision.
Gallatin Peaks and Simkins Holdings have worked diligently with respect to
satisfying the conditions for plat approval for this subdivision, and others that are part of
the larger MPTID for the entire development at issue, including obtaining f,rnal plat
approval for several phases of the Town Center subdivision including The Park at Town
Center phase, the Town Center Avenue West phase, the Residential West phase, and this
summer (2007) with the Huntley Addition phase of the Town Center project.
As stated, over the past four years, Simkins requested and obtained four separate
one-year extensions from the Commission for the preliminary plat approval period.
During that time, Simkins Holdings took over the development of the Big Sky Town
Center from Gallatin Peaks and there have been several substantive changes made to the
Town Center project, including, but limited to, zone text and map amendments, an
amended PUD and site plan, and other modifications to reflect changes in market
conditions, and the project as well. Simkins Holdings has also prepared and received
approval from this Commission for a Master Signage Plan
The project is currently well-underway. The Town Center is over 15% complete
with over 65 condominiums over 20 businesses that make the Town Center their home.
There are aî additional 130 residential condominium units that have been approved by
the Town Center Architectural Committee, and will be constructed over the next couple
of years. Additionally, the Architectural Committee is currently reviewing three new
commercial buildings.
The next phase of the approved subdivision, named tlrre Huntley Addition, tn
honor of Big Sky's founding father, will be taken to final plat this surnmer (2001). In this
phase, Simkins has entered into a contract for the sale of real property upon which will be
built Big Sky's first full-service emergency medical facility. Discussions are currently
underway for, we hope, a fuli-service grocery store, on another lot in this phase of the
subdivison.
Simkins' infrastructure construction schedule for the remaining phases of the
project anticipates that most of the water, sewer, and roads will be completed in the next
three years, or so, depending on market conditions and absorption.
Simkins Holdings keeps the planning office up to date with respect to the Town
Center project. It has completed the vast majority of the conditions of final approval
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201
required as a condition of final plat approval, but additional time is necessary due to the
sheer magnitude of the project.
It is important to keep in mind that the Town Center Subdivision is within the
larger MPIID for Section 1 that has been previously approved, and was recently re-
approved in2006 for a period of ten years, by this Commission. The MPIID provides for
a build out period of nearly twenty (20) years. The MPIID provides for long-range
planning of the entire section of real property and Simkins Holdings respectfully requests
the flexibility that additional time brings to this unique development to ensure that its
long range planning goals and objectives, which have been approved, encouraged and
supported by this Commission for many years, reach fruition for the benefit of the
Community, and the County as well.
Finally, another one-year extension is not detrimental to the public health, safety
and general welfare. As stated, state law and portions of the County's regulations
recognize that with large, complex projects, the public health, safety and welfare will be
served if a developer has the time necessary to complete the requirements of the
preliminary plat approval. By approval one (1) year extensions of the plat approval, this
Commission ensures that it is able to oversee the continued development of the Town
Center and that progress is being made, that is consistent with the approvals granted by
this Commission in the MPUD, PIID and subdivision approvals.
Accordingly, for the foregoing reasons, Simkins Holdings respectfully requests
that this Commission extend its approval of the Town Center Subdivision plat for another
year, to and including October 17 ,2008.
Thank you for your consideration of this matter.
RESPECTFULLY SUBMITTED this I6Th day ofMay,2007
Sincerely,
GOETZ, GALLIK, & BALDWIN, P.C.
Brian K. Gallik
Simkins Holdings, LLC
Greg Sullivan
Warren Vaughan
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July 16,2001
Brian K. Galtik
Goetz, Gallik & Baldwin, P'C.
35 North Grand Ave.
Bozeman, MT 597i5
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RE: BIG SKY TOWI\ CENTER NÍAJOR SUBDIVISION PRELIMINARY
PLAT, F'IF'Tftr EXTENSION
Dear Mr. Gallik:
During their regular public hearing orl July 10, 2007, the Board of county
Commissioners review"ã you, request for a fourth one-year extension of the preliminary
plat approval for the Big Sky Towl Center Phase 2 Major Subdivision'
After careful co¡sideration of all information subrnitted, the Commission determined tirat
the request for tlie fifth one-year extensìon of the prelirlinary plat for the Gallatin Peaks
Town Center phase 2 Majoi Subdivision is in the public interest. The preliminary plat
approval for the Gallatill lreaks Town Center lvlajor Subdivision shall expire olr October
17,2008.
GALLATIN COLINTY COMMISSION
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kinner, Chairman
Willianl A. Murdock, Menlber
S tephen Whi te, lv'lelrlber
203