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Home My WebLink AboutBaxter Meadows Planned Unit Development Phase 2F 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 MaSub Phase 2F Subdivision #P-03042 MEETING DATE: Monday, January 14, 2008 RECOMMENDATION: The City Commission denies the request for second, one-year extension of the preliminary plat approval. 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plat review was evaluated pursuant to Section 16.10.050 of the City of Bozeman Subdivision Regulations, which is no longer in effect. The Subdivision Regulations have been replaced by the City of Bozeman Unified Development Ordinance as a tool to further implement the goals and policies of the City of Bozeman 2020 Community Plan.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 no improvements installed; the outstanding improvements include but are not limited to the extensions of Trakker Trail and Caspian Avenue, utilities (water and sewer), parking lot improvements, open space improvements, street lighting, public and private sidewalks, and street trees. The Final PUD Plan must be approved before the final plat can be granted approval by the City Commission. There have been numerous changes to the Bozeman Municipal Code since preliminary plat approval; including adoption and subsequent changes to the UDO, and the change to a 2 year warranty period on public improvements. For these reasons, Phase 2F of Baxter Meadows PUD Subdivision should be reviewed as a new subdivision. 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 204 205 206 207 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. Page 1 of4 208 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' Page 2 of 4 209 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. Page 3 of4 210 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. 2 C*ç- Lr---!- Nord EEN/ckr Enclosure cc:Lannette Windemaker (w/encls.) Andy Epple (Wencls.) Tim Cooper (wiencls.) Jerry Williams (w/encls.) Page 4 of 4 211 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: Page I of4 212 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 Page 2 of 4 213 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 Page 3 of4 214 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 Page 4 of 4 215 ts-+i Fifi Èr:iÐ ffiìH lir\¡i lp* in\ L:-U \J L+'i: i! July 16,2001 Brian K. Galtik Goetz, Gallik & Baldwin, P'C. 35 North Grand Ave. Bozeman, MT 597i5 GALT-.&TãH CTUIqEV mK# "T*ffi *-*---¿:- tiient ,/ 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 F:\Pt.ili lì\War¡'e¡rkubtJi visiçl'torv¡ ccrilcr\[]STC'ext2'cc'ltr'doc lliii:liiii¡r l-.1.:i;¿liiiti*itt " 3 i i ''rl,'e :;'r i"iiiiii- ,il.t08; ^ lli.'.Zi:;:l:iii. i''"tT i>li¡,r,,,' i¡i.illrI 'riì?-î ì lii ' i;À l{ í4'i 1i:: i :rä-'i--ì i ì-:: 5r'i ìi kinner, Chairman Willianl A. Murdock, Menlber S tephen Whi te, lv'lelrlber 216