HomeMy WebLinkAboutThe Crossing at Baxter Meadows, Phase 4B-4I Preliminary Plat P-120171
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner Steve Worthington, Community Development Director
SUBJECT: The Crossing at Baxter Meadows Subdivision, Phase 4B-4I
Preliminary Plat Application #P-12017
MEETING DATE: March 25, 2013
AGENDA ITEM TYPE: Action (Quasi-Judicial)
RECOMMENDATION: That the City Commission approves the requested variances to Section 38.23.040.B “Block Length” and Section 38.23.040.C “Block Width”, BMC and conditionally approves
the Preliminary Plat Application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I
planning application #P-12017, with said conditions listed in Planning Board Resolution #P-12017.
Staff recommends that the City Commission act first on the two requested variances and then
recommends that the preliminary plat application be conditionally approved with the conditions listed in Planning Board Resolution #P-12017.
RECOMMENDED MOTION FOR VARIANCE REQUESTS: “Having reviewed the application
materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in
the staff report for #P-12017 and move to approve the requested variances to the following sections of Chapter 38 of the Bozeman Municipal Code: 1) from Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2) from Section 38.23.040.C “Block Width” to allow block widths less than 200 feet or more than 400 feet in width for
Blocks 2, 8, 9 and 10.”
RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-12017 and move to approve the preliminary plat
application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I requested in application
#P-12017 authorizing to subdivide 36.94 acres and create 95 residential, single household lots, one multi-household lot, and the remaining area as open spaces, trails and streets subject to the conditions, as listed in Planning Board Resolution #P-12017.”
BACKGROUND: Bank of Bozeman, applicant Holyoke III, LLC and representatives TD&H
Engineering and Intrinski Architecture have submitted a Major Subdivision Preliminary Plat application to subdivide 36.94 acres and create 95 residential, single household lots, one multi-household lot and the
Commission Memorandum
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remaining areas as common open spaces, trails and streets. The subject property is annexed with a
zoning designation of R-3 (Residential Medium Density District) and is located southwest of the
intersection of Baxter Lane and Davis Lane, north of Fire Substation #3 and east of the Gallatin County
Regional Park. The Development Review Committee (DRC) provided a recommendation of conditional approval on February 6, 2013. The Planning Board held a public hearing and reviewed the proposal on March 5, 2013 and voted 5-0 to recommend conditional approval of the preliminary plat application and
approval of the variances to Section 38.23.040.B and Section 38.23.040.B, BMC. Public comment was
received from two members of the general public regarding parkland improvements and maintenance
and upkeep of existing publically accessible parks, open space and trails in Baxter Meadows Subdivision. The applicant’s representative indicated at the Planning Board’s public hearing that they were in agreement with the recommended conditions of approval.
A full and complete digital version of the preliminary plat application is available upon request at the
office of the Department of Planning and Community Development. Included in the back of the applicant’s preliminary plat notebook is a full digital version of the supplemental information provided with the original preliminary plat application in 2007. Staff’s full analysis of the review criteria for this
major subdivision is included in the attached staff report.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES:
1) Approval of the Preliminary Plat Application as submitted with no conditions.
2) Approval of the Preliminary Plat Application with conditions of approval as recommended by the Planning Board. 3) Denial of the application.
4) As determined by the Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. The standard application fee was received for the Major Subdivision Preliminary Plat
application and was added to the Department of Planning’s application fee revenue.
Attachments: Planning Staff’s Report Applicant’s Preliminary Plat application materials
Report compiled on March 13, 2013
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Planning Board & City Commission Staff Report for The Crossing at Baxter Meadows, Phase 4B-4I Preliminary Plat Application File #P-12017
Item: A Subdivision Preliminary Plat Application, Planning Application #P-12017 to subdivide 36.94
acres and create 95 residential, single household lots, one residential multi-household lot, and the
remaining area as common open space, public trails and streets, located southwest of intersection of
Baxter Lane and Davis Lane.
Owner/Applicant:
Bank of Bozeman
P.O. Box 10070
Bozeman, MT 59719-0070
Holyoke III, LLC
504 South Willson
Bozeman, MT 59715
Representatives: TD&H Engineering
234 E. Babcock Street, Suite 3
Bozeman, MT 59715
Intrinsik Architecture
111 N. Tracy Avenue
Bozeman, MT 59715
Date/Time: Before the Planning Board on Tuesday, March 5, 2013 at 6:00 PM, City Commission Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana
Before the City Commission on Monday, March 25, 2011 at 6:00 PM, in the City Commission
Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana
Report By: Dave Skelton, Senior Planner
(Report Updated March 14, 2013)
Staff Recommendation - Requested Variances to Unified Development Code: Approval for 1)
Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2) Section 38.23.040.C “Block Width” to allow block widths to be less than
200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
Staff Recommendation - Preliminary Plat Application: Conditional Approval.
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Recommended Motion for Variance Requests: “Having reviewed the application materials,
considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-12017 and move to approve the requested variances to the following sections of Chapter 38 of the Bozeman Municipal Code: 1) from Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2) from
Section 38.23.040.C “Block Width” to allow block widths less than 200 feet or more than 400 feet in
width for Blocks 2, 8, 9 and 10.” Recommended Motion for Preliminary Plat Application: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented
in the staff report for #P-12017 and move to approve the preliminary plat application for The
Crossing at Baxter Meadows Subdivision, Phase 4B-4I requested in application #P-12017 authorizing to subdivide 36.94 acres and create 95 residential, single household lots, one multi-household lot, and the remaining area as open spaces, trails and streets subject to the conditions, as listed in Planning Board Resolution #P-12017.”
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Project Location
The subject property is located southwest of the intersection of Baxter Lane and Davis Lane, east of
the Gallatin County Regional Park, and north of Fire Station #3. The property in question is legally
described as a tract of land being Lot R-1 of Amended Plat J-485A located in the Northeast One-Quarter of Section 3, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana. The property is currently situated within the corporate limits of the City of Bozeman and
zoned R-3, (Residential, Medium Density District). Please refer to the vicinity map provided below.
Proposal
Bank of Bozeman and Holyoke III, LLC, represented by TD&H Engineering and Intrinsik Architecture, have submitted a Major Subdivision Preliminary Plat application to subdivide 36.94
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acres into 95 residential, single household lots, one residential, multi-household lot, with the remaining
areas to be designated as common open space, public trails and streets.
The northwest corner of site is currently occupied by Baxter Meadows Subdivision, Phase 4A with four of the thirty-four single household lots current developed. The site considered for this preliminary
plat application is currently vacant, undeveloped land. Physical features are limited to the Spring
Ditch watercourse and associated wetlands that run from the south to the northwest corner of the site.
The watercourse is identified by the Montana Department of Fish, Wildlife and Parks as a stream. Mature vegetation is limited to a small cluster of cottonwoods at the south end of the property.
Two variances from the Unified Development Code (UDC) of the Bozeman Municipal Code (BMC)
have been requested. The first is from Section 38.23.040.B “Block Length” to exceed the maximum
block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10. The second is from Section 38.23.040.C
“Block Width” to allow block widths less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
Recommended Conditions of Approval
Pursuant to Section 38.03.040 of the City of Bozeman Unified Development Code, the Planning Board
must review the preliminary plat request to determine if the proposed plat is in compliance or
noncompliance with the adopted Growth Policy. The Planning Board must recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Monday, March 25, 2013
public hearing. Planning Board Resolution #P-12017 and minutes of the Planning Board’s March 5,
2013 hearing will be forwarded to the City Commission and made a part of the Commission’s record.
The recommended conditions of approval do not include code requirements identified in the staff findings. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the
minimum standards in order to conform to the physical and economic development of the City, and to
the safety and general welfare of the future lot owners and of the community at large. The applicant
must comply with all provisions of the Bozeman Municipal Code which are applicable to this project.
The Development Review Committee reviewed the Preliminary Plat application; and as a result, found the application, with conditions, is in general compliance with the Community Plan, the Montana
Subdivision and Platting Act, and the Unified Development Code. On February 6, 2013, the
Development Review Committee (DRC) recommended conditional approval of the preliminary plat
application as outlined below.
Preliminary Plat Conditions:
1. The Final Plat shall conform to all requirements of the Montana Subdivision and Platting Act, the
Bozeman Municipal Code, the Uniform Standards for Final Subdivision Plats, and these
conditions of approval, and shall be accompanied by all required documents, including: (i)
certification from the City Engineer that as-built drawings for public improvements were received; (ii) a platting certificate; (iii) and all other required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints.
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.
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2. The applicant shall submit with the application for final plat approval, a written narrative stating
how each of the conditions of preliminary plat approval and code provisions in the Findings of Fact and Order have been met, and shall include a digital copy (pdf) of the entire final plat submittal. The narrative shall be in sufficient detail to direct the city to the appropriate plat, plan,
sheet, note, covenant, etc. in the submittal.
3. The final plat shall contain the following notation on its face or in a document to be recorded with
the final plat:
“Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property
owner’s association. Maintenance responsibility shall include, in addition to the common open
space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by
residents of the development and the general public. The property owner’s association shall be
responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of
all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all
common open space areas within The Crossing at Baxter Meadows.”
4. The property owner’s association documents shall comply with Section 38.38.020, BMC and
include a provision requiring a 25-foot yard setback from Davis Lane and that the setback is inclusive of the open space corridor. Note that lots 9-16, Block 2 have a common open space width less than 25 feet.
5. Lots located along Davis Lane shall have a 20-foot rear yard setback or 5-foot side yard setback,
whichever is applicable, that will be measured from the property line of each lot.
6. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat,
or other recordable document acceptable to the City of Bozeman. This table shall include but not
be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas
not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each.
7. The applicant shall provide a minimum of 3.5755 acres of dedicated parkland or equivalent
thereof with the major subdivision. This amount is calculated based on 95 single household
residential lots at 0.03 acres per dwelling of dedicated parkland, and one R-3 residential multi-
family lot at 8 dwelling units per acre at 0.03 acres per dwelling of dedicated parkland.
8. A note shall be included on the final plat or other recordable document acceptable to the City of Bozeman for the R-3 multi-household residential lot, (Lot 9, Block 8) describing parkland
dedication allowances that substantially complies with the following:
“Parkland dedication requirements for Lot 9 of Block 8 have been met for only 8 dwelling units
per acre. At the time of subsequent development, when net residential density becomes known the property owner may be required to provide additional cash-in-lieu of park dedication for density above 8 dwelling units per acre in accordance with the Bozeman Municipal Code if developed as
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a residential multi-household lot. In addition to a note on the final plat, a separate document shall
be recorded on the individual lot so as to ensure this requirement will appear on a title search.”
9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated
parkland within Baxter Meadows Phase 3A including the dedicated city park known as the “10-
acre Park” and should therefore participate in the maintenance of such parkland. Therefore, the
applicant shall, prior to final plat approval, work with the Baxter Meadows Master Community Association, Inc. (BMMCA) to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases)
succeeding in interest to the applicant contribute sufficient consideration to the BMMCA on an
equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly
accessible open space lands and trails located within the area annexed to the City pursuant to the annexation agreement dated October 19, 2001 and on file with the Gallatin County Clerk and Recorder as document number 2053095 exclusive of: (i) lands included within the Gallatin
County Regional Park and (ii) Tracts A-1, A1A and A1B of Amended Plat J353D for the Chief
Joseph middle school. Prior to final plat approval, the applicant shall provide evidence that an
agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate.
The property owner’s association documents created for this subdivision shall include provisions
describing the agreed upon method of contribution to the BMMCA and binding property owners
to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the BMMCA. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by
the City Commission pursuant to 38.38.030.A.5, BMC.
10. The final plat, property owner’s association documents (POA), and park master plan may not
include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must
specifically designate them as common open space owned by the POA, etc. unless the applicant
intends to dedicate public parkland within the subdivision. If private parks are intended with this
subdivision in-lieu of common open space the final plat shall be amended accordingly illustrating said private parks.
11. The definition for “parks” in the homeowner’s association documents shall not include reference
to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public
parkland is being dedicated with this major subdivision.
12. A Class II type trail located in a 30-foot wide public access easement will be constructed in the Baxter Spring Ditch open space corridor from its current determination point in Baxter Meadows Subdivision, Phase 4A to its terminus at Vaquero Parkway. The final location, placement and
installation schedule shall be approved by the Director of the City of Bozeman Department of
Parks and Recreation with of the advice of the Recreation and Parks Advisory Board (RPAB).
Prior to proceeding with construction of the public trail the applicant shall have a pre-construction meeting with the Department of Recreation and Parks.
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13. That the final plat(s) contain the following language that is readily visible on the plat placing
future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of Montana and
qualified in the certification of residential and commercial construction.”
14. The final plat shall provide all necessary utility easements which shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. If rear or
side yard utility easements are not proposed the applicant shall provide written confirmation from
all applicable utility companies that rear or side yard easements are not required.
15. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans and specifications shall be provided for review and approval prior to final plat approval. Fences located in the front, side or rear yard setback of properties adjacent to any park or common open
space shall not exceed a maximum height of four feet, and shall be of an open construction
designed in a manner to be consistent along all park land and open space areas. This requirement
with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s association documents. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5,
BMC.
16. The lots situated along the Baxter Lane and Davis Lane shall have double-frontage architectural
design features for dwellings facing onto the minor arterials similar to that found with the building orientation onto the local street frontages; including, but not limited to covered porches, varied roof lines, multiple façade materials, varied façade plane, articulation and variation of materials.
These architectural requirements shall be discussed and illustrated in the property owner’s
restrictive covenants and development guidelines. The property owner’s association documents
shall also specify that a maximum 4’ tall fence, with a coordinated design detail of said fence type, is permitted along the back of these said lots. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant
to 38.38.030.A.5, BMC.
17. The 50-foot wide watercourse setback for existing watercourse and associated wetlands shall be
identified and dimensioned on the final plat. Typical sections, outlet details and landscape plans to confirm that storm water facilities can be successfully developed in Zone II of the watercourse setback without impacting the watercourse will be submitted to the Planning Department for
review and approval.
18. Each common open space area identified on the final plat(s) shall be identified according to a
sequence of designated alphabetical values in-lieu of multiple common open space areas having the same designation (i.e., common open space “A” thru “H” versus multiple areas with the same “A”, “B”, “C”…. open space designations).
19. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
20. Based on the recommendations in the required traffic impact study, a four way stop shall be installed at the intersection of Baxter Lane and Davis Lane. Any proposed improvements to
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public infrastructure shall be approved by the City Engineering and Street Departments prior to
installation
21. Water rights/cash-in-lieu provided for this subdivision are not sufficient to authorize development on Lot 9, Block 8, Phase 4I above one residential dwelling. As such, a note shall be included on
the final plat which states, “A building permit may not be issued for development on Lot 9 of
Block 8 in Phase 4I greater than one dwelling unit until additional water rights or cash-in-lieu of
water rights is provided to the city pursuant to 38.23.180.”
22. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to Baxter Lane west of North 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
b. Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
c. Intersection control (e.g., signalization or round-about improvements at the intersection of -
Baxter Lane and Davis Lane.
d. Signalization of the intersection of West Oak Street and Davis Lane
The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer or successors in interest including purchasers of lots and any
party taking ownership of said lot through foreclosure, deed-in-lieu of foreclosure or any other
mechanism at law or in equity agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
Background
Baxter Meadows Subdivision, Phase 4 is a major subdivision approved by the City Commission in
June of 2007 to subdivide 47.613± acres and create 125 single-household lots and one multi-household
lot. Baxter Meadows Subdivision, Phase 4A was filed on December 20, 2007 to subdivide 10.66 acres and create 34 residential lots. A one-year extension of preliminary plat approval for the remainder of the major subdivision expired on June 18, 2011. This preliminary plat application involves the
remainder of Baxter Meadows Subdivision, Phase 4 and is for the balance of the remaining lands
situated at the southwest corner of the intersection of Baxter Land and Davis Lane.
A preliminary plat application to subdivide 36.94 acres and create 99 residential single household lots was submitted to the Planning Department on December 21, 2012 and deemed acceptable for review on January 3, 2013. After second week review by the Development Review Committee (DRC) on
January 9, 2013 the applicant requested a modification to the preliminary plat application to amend the
application and instead create 95 residential single household lots and one multi-household residential
lot.
Zoning Designation & Land Uses
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 District
“is to provide for the development of one-to five-household residential structures near service facilities
within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.”
The subject property is currently vacant and defined by Baxter Lane on the north, Davis Lane on the
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east, the Gallatin County Regional Park on the west, and Fire Station #3 and the Dinosaur Park to the
south. The following land uses and zoning are adjacent to the subject property:
North: Baxter Meadows Subdivision, Phase 2; zoned B-2 (Community Business District).
South: Gallatin County Regional Park, Dinosaur Park and Fire Substation #3 zoned PLI, (Public Lands
and Institution District.
East: Davis Lane, and partially developed lands (West Winds Subdivision) zoned R-3, (Residential
Medium Density District).
West: Regional Park zoned PLI, (Public Lands and Institution District) and Baxter Meadows Subdivision, Phase 1 zoned R-3, (Residential Medium Density District).
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the property to develop as
“Residential”. “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are
discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally
expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning
area.”
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on April 18, 2012. With the pre-application plan review application, a partial waiver was
requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat
Supplement’s” and granted by the DRC finding that said information was provided with the original
preliminary plat application in 2007. A digital copy of the supplemental information provided in 2007
is included in the applicant’s preliminary plat application. The Planning Department offers the following summary comments on supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Surface water resources found within the subdivision boundaries includes the Spring Ditch
watercourse that originates south of the Gallatin County Regional Park as a stream/ditch. The
watercourse bisects the preliminary plat running south to the northwest corner of the site and continues northward across Baxter Lane continuing north as part of a linear open space and trial corridor for
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Baxter Meadows Subdivision. No alterations to the watercourse are proposed with this application and
will define the parameters of a common open space corridor for installation of a Type II class public trail. The Montana Department of Fish, Wildlife and Parks commented on this development noting the subdivision should have negligible effects to wildlife and wildlife habitat. The Department
emphasized concerns with avoiding the disturbance of existing riparian or wetland vegetation,
pollutants from storm water runoff, localized stream disturbances during construction and the need for
bridges that span the watercourse in-lieu of culverts (see attached letter dated January 18, 2013 – Attachment “A”).
This stream corridor discharges/recharges groundwater, and collects runoff from precipitation and
irrigation. The stream channel and associated wetlands are situated in an open field and occupies a
slightly lower topographic position than the surrounding landscape and proposed subdivision. For this
reason the Planning Department is recommending condition #17 requesting typical sections, outlet details and landscape plans to confirm that storm water facilities can be successfully developed in Zone II of the watercourse setback without impact the watercourse. Wetlands along the stream
channel within the project area consist of primarily a narrow wetland fringe and are generally self-
contained within the corridor. The streambed is under the jurisdiction of the Soil Conservation Service
(Montana Natural Streambed and Land Preservation Act – 310 Permit) and wetlands are under the jurisdiction of the US Army Corps of Engineers (Federal Clean Water Act – 404 Permit). Both permits are applicable to this subdivision.
38.41.060.A.2 Floodplains
According to the Flood Insurance Rate Map (FIRM) the entire sites lies in Zone X, which is outside
both the 100 year and 500 year flood plain boundaries. No official floodplain delineation study has been made for the watercourse in this area. However, during the 2007 review of Baxter Meadows Subdivision, Phase 4 the applicant prepared a Flood Study Report to identify and quantify the flooding
potential of the watercourse. The results state that while the watercourses are not FEMA recognized
floodplain streams, and are not governed by the usual floodplain development requirements, provisions
should be in place to mitigate any potential impact from flooding. As a result, the study recommends that new building construction must be constructed on suitable fill such that the lowest flood elevation (including basement) is two (2) feet or more above the base flood elevation. The 100-year flood plain
was prepared and mapped as part of the 2007 preliminary plat application for Baxter Meadows
Subdivision, Phase 4 and will need to be delineated on the final plats. The Army Corp of Engineers
and Soil Conservation District will verify the need to confirm any wetlands delineation with the review and approval of the 310 and 404 permits required with this subdivision.
38.41.060.A.3 Groundwater
Groundwater in the area of Baxter Meadows Subdivision, Phase 4 was discussed in the applicant’s
narrative and the highest groundwater level within The Crossing at Baxter Meadows was measured at a
depth of 2.7 feet. The applicant provided with the Environmental Study for all of Baxter Meadows Subdivision in 2005 a summary narrative what it is consider being adequate measures for mitigating impacts to groundwater as a result of development of the property. The Planning Department is
recommending condition #13 that the following notation provided with Phase 4A be provided on the
final plats for phase 4B-4I of this subdivision and in the property owner’s association documents: “Due
to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the
certification of residential and commercial construction.”
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The building department will also require a soil analysis to be provided with each application for a
building permit within the proposed subdivision. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geological hazards associated with the site, with exception to the Seismic Zone 3
for earthquakes, which is common to the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen percent (i.e., 15%) grade are evident. The general slope of the site is approximately two percent (i.e., 2%) from south to
north.
The principle soil types identified by the Department of Natural Resources Conservation Service in the
area consist of several soil types that are of the Loam series, all of which have moderate limitations for building and site development. These soil types include the potential for shrink-swell and high ground water. As a result, accepted engineering practices common throughout the Bozeman area will be used
to overcome the limitations with construction of infrastructure and streets. This includes removal of
topsoil and reaching existing gravel beds to establish a base for construction, which may be effected by
depth to groundwater.
38.41.060.A.5 Vegetation
Prior to annexation of the property in 2001, the majority of the site historically consisted of native
grasses, pasture and limited activity in the production of crops. Established vegetation features on the
site is generally limited to a small cluster of cottonwood trees at the south end of the site. Those areas
that are affected will be mitigated as part of the 404 permitting process and development of an common open space corridor defined by the existing watercourse. With exception to the Tschache Lane street crossing the remainder of the wetlands will be undisturbed. In addition, these wetland
areas will be contained within a 50-foot wide setback as part of a linear open space corridor. To
control the spread of noxious weeds a Memorandum of Understanding with the County Weed District
will be required with the Final Plat.
38.41.060.A.6 Wildlife
The Department of Fish, Wildlife and Parks has not identified any known endangered species or
critical game ranges on the site. Although the historical use of the property has been for agricultural
activity, the existing vegetation and associated wetlands has provided cover for a range of smaller
animals and water fowl. These areas are primarily designated in the regions of watercourse and associated wetlands, which will be protected as part of the improved open space corridor and Army Corps of Engineering and Soil Conservation Service permitting.
38.41.060.A.7 Historical Features
During review of the 2007 preliminary plat application for Baxter Meadows Subdivision, Phase 4, the
applicant noted that due to the agricultural history of the property there is a low likelihood of impact of any prehistoric or historical cultural resources on the site. While the Historic Preservation Office of the Montana Historical Society has not commented on the matter with Phase 4A or this preliminary
plat application, staff has recommended a condition that should historical, cultural and/or archeological
materials be inadvertently discovered during construction of this project, the State Historical
Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease.
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38.41.060.A.8 Agriculture
Historically, the subject property has been used for agricultural purposes and although the property was relatively productive, its ability to remain in agricultural productivity is limited with the area gradually being subdivided and developed. As part of Baxter Meadows Subdivision, the development
of Phase 4A reduces the ability to maintain an economically feasible farming and avoid the
encroaching development at urban density. Thus, the site is no longer considered a viable farming
unit.
38.41.060.A.9 Agricultural Water User Facilities
Any alterations to the watercourse with road and utility construction will be done so that any potential
downstream water rights are not diminished and/or impaired. All ditch easements must be noted on
the final plat. By law the subdivision of this property cannot damage downstream water users.
38.41.060.A.10 Water and Sewer
The development of Baxter Meadows Subdivision, Phase 4A required the extension of municipal water
and sanitary sewer mains to the subject property. Water and sanitary sewer mains for the remainder of
Phase 4 are partially installed already and will be completed with the filing of each sub-phase. Final
approval of the water distribution system and sewage collection/disposal system will be obtained
through normal approval procedures of preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
The stormwater management plan for Baxter Meadows Subdivision, Phase 4 was generally approved
with the filing of the final plat for Phase 4A in December of 2007. Stormwater runoff will be
conveyed to a series of detention/retention ponds located adjacent to the watercourse corridor and will treat sediment and oils from the storm water before discharging into the watercourses or allowed to
infiltrate in the ground. The final location and placement of detention/retention ponds shall be such
that they do not impact the watercourse corridor and/or common open space area and shall be designed
and installed as irregular shaped landscape features, properly landscaped, with depths of not more than
1 ½ to 2 feet in depth and side slopes of not more than 1:4 (horizontal to vertical fall, or 25%).
Storm water facilities are identified as part of the “common open space” areas on the final plat that are
owned and maintained by the homeowner’s association. The facilities may be constructed within Zone
II or outer 40% of the watercourse setback. However, all storm water facility outlet structures will be
properly landscaped and a minimum distance of not less than ten (10) from any watercourse high water
mark will be required. Placement and design of the facilities will be approved by both the City Engineer’s Office and Planning Office. As noted previously, because of changes in topography the
Planning Department is recommending condition #17 requiring typical cross sections of the facilities
in relation to the watercourse and typical landscape details for each storm water facility with the filing
of the initial phase of the subdivision.
38.41.060.A.12 Streets, Roads and Alleys
Access to the major subdivision is provided by three perimeter streets; two existing minor arterial
streets, Davis Lane and Baxter Lane, and extension of the local street, Vaquero Parkway. The
applicant proposes to complete the construction of Vaquero Parkway with Phases 4F- 4H and extend
the local street to connect with Baxter Lane and Davis Lane.
The applicant has requested three deviations to the City of Bozeman design standards to be considered by the City Engineer’s Office: 1) Section IV.D.4 and Table IV-2 – Minimum centerline radius on
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curves of 150 feet, 2) Section IV.D. Table IV-2 - Minimum length of tangent at intersection of 100
feet, and 3) Section IV.D. Table IV-2 - Maximum cul-de-sac length of 500 feet. Said deviations will be reviewed and approved by the City Engineer’s Office with plans and specifications submitted prior to submittal of a final plat application.
Variances to the Unified Development Code (UDC) of the Bozeman Municipal Code (BMC) have
been requested from Section 38.23.040.B “Block Length” to exceed the maximum block length of 400
feet for Blocks 2, 4, 6, 7, 8 and Block 10, and Section 38.23.040.C “Block Width” to allow block widths to be less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10. Review of the requested variances and staff’s findings are discussed on pages 22-23 of the staff report.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The D.R.C. and local
review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.060 “Easements” of the BMC. However, in the event front and/or
rear yard utility easements are used, side rear yard easements must still be provided on the plat unless
written confirmation is submitted to the Planning Office from all utility companies and Director of
Public Service indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. The easement notation required in the Unified Development Code shall also be
provided on the final plat.
38.41.060.A.14 Educational Facilities
Written comments by the Bozeman School District #7 were provided with the preliminary plat
application. Kevin Barre, Director of Facilities commented on November 29, 2012 that based on the anticipated dwellings with this residential subdivision, students would be located in the Emily
Dickinson Elementary School (25 students), Chief Joseph Middle School (13 students) and Bozeman
High School (17 students).
38.41.060.A.15 Land Use
The proposal includes the subdivision of 36.94 acres to create 95 residential, single household lots, one multi-household lot and the remaining areas as common open space, public trail and streets. The
location of the proposed land uses are in general compliance with the City of Bozeman zoning map. As
this subdivision will have double frontage lots located along the minor arterial roads, Baxter Lane and
Davis Lane, staff is recommending condition #16 that the property owner’s association documents
provide language to address these proposed “double frontage lots” to require double fronted design features, including a true front presentation towards the minor arterials with porches, front doors, no
garage fronts, various roof lines and façade offsets, and a coordinated 4’ tall (maximum) fencing
design. This is intended to assure an attractive presentation to the perimeter, adjacent lands and minor
arterial roads.
38.41.060.A.16 Parks and Recreation Facilities
Based on 95 dwelling units at 0.03 acres of dedicated parkland per dwelling unit and one R-3
residential multifamily lot at 8 dwelling units per acre, approximately 3.5755 acres of dedicated
parkland is required with this major subdivision. The applicant proposes that no dedicated parkland be
provided within the boundaries of this subdivision. As with Phase 4A, and the previously approved
preliminary plat application in 2007, the applicant has requested use of excess dedicated parkland for the Baxter Meadows Subdivision. Staff evaluated the parklands dedicated with previous phases of the
Baxter Meadows Subdivision, including the credits granted by the City Commission for stream
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corridor enhancement and open space improvements with the planned unit development aspects of the
subdivision. As such, the Planning Department determined that approximately 6.8251 acres of dedicated parkland is available for future phases of the Baxter Meadows Subdivision. This finding is consistent with the 2007 approval of the preliminary plat application for Baxter Meadows Subdivision,
Phase 4 by the Planning Board and City Commission.
The Planning Department has received public comment expressing concern that future residents of this
major subdivision should participate in the maintenance and upkeep of the existing parks and open space areas which the applicant seeks to use to meet their parkland requirement and which are located outside the subdivision in other phases of the Baxter Meadows Subdivision PUD. Shawn Harrison,
President of the Baxter Meadow Master HOA, has commented that should the applicant wish to
receive credits for dedicated parkland that all the phases currently receiving dedicated parkland credit
and enjoying the use of the parks and open space within the Master community should participate in the maintenance of those parks and opens spaces (see attached correspondence dated February 6, 2012 – Attachment “B”).
The subdivision committee of the Recreation and Parks Advisory Board (RPAB) and Gallatin Valley
Land Trust (GVLT) considered the applicant’s request on February 8, 2013 and is generally supportive
of the applicant’s proposal as submitted. The RPAB recommends the applicant be granted 3.5755 acres of the available 6.8251 dedicated parkland credits and agrees the applicant and future property owner’s association for the phase under consideration in this application should participate in the maintenance
and upkeep of the parkland, common open space areas and trails throughout the greater Baxter
Meadows Subdivision Planned Unit Development (PUD). See the RPAB comments dated February 8,
2012 – Attachment “C” and GVLT comments dated February 11, 2013 – Attachment “D”.
Based on comments received by Mr. Harrison, the Planning Department and City Attorney’s Office recommends condition #9 to address the matter of the property owner’s association of this major
subdivision participating in the maintenance and upkeep of the publicly dedicated parklands, common
open space, and trails for the greater Baxter Meadows Subdivision PUD. While this is a unique
circumstance in obtaining dedicated parkland credits, the intent of this condition is to ensure that the proper provisions are in place for the property owner’s association to participate in maintenance, upkeep and assessments with the proper representative of the greater Baxter Meadows Subdivision
PUD.
38.41.060.A.17 Neighborhood Center Plan
The applicant is requesting that a neighborhood center not be required for this major subdivision based on its proximity to the Gallatin County Regional Park, Dinosaur Park and shelters, planned YMCA immediately to the west and the Tracker Building commercial facilities to the north. As stated in the
applicant’s narrative, creating additional shelters and “tot lots” would be redundant and diminish the
investments made in adjacent amenities. The RPAB, GVLT and Parks Department considered the
applicant’s request and determined that the subdivision’s proximity to the referenced amenities removes any need for the subdivision to provide a community center or active play facilities (see Attachments “C” and “D”).
38.41.060.A.18 Lighting Plan
The applicant’s proposed lighting plan is provided in Section 9 of the preliminary plat submittal
materials. Street lights are proposed at the intersections of local streets. A preliminary draft of the street light specifications and the creation of a Street Light Improvements District (SLID) have been
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submitted to the City Engineer’s Office and Superintendent of Streets for consideration and comment
prior to submitting for creation of a SLID for this subdivision.
38.41.060.A.19 Miscellaneous
There are no public lands adjacent or within 200 feet of the proposed development with exception to
the Gallatin County Regional Park. Adequate vehicular and pedestrian access is provided to the
regional park as adjacent lands continue to develop in the area. No health or safety hazards on or near
the subdivision (i.e., mining activities or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines) have been identified with this preliminary plat application.
38.41.060.A.20 Affordable Housing
The Workforce Housing ordinance and program has been suspended by the City Commission until
further notice and evaluation of the program.
Staff Findings/Review Criteria
As set forth under Section 38.03.040 of the Unified Development Code, a copy of the Preliminary Subdivision Plat application was distributed to all appropriate agencies for review and comment, and
those agency comments received by the Planning Office have been included in the staff’s summary
review report. The Planning Board shall review the preliminary plat, together with required
supplemental information, and determine whether the plat is in compliance with the City’s growth policy, and forward a recommendation of approval, conditional approval, or disapproval of the plat
The basis for the City Commission's decision to approve, conditionally approve, or disapprove the
Preliminary Plat application shall be whether the preliminary plat, supplemental information, Planning
Board advice and recommendation, and additional information demonstrate that development of the
subdivision would meet the requirements of the Montana Subdivision and Platting Act. The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the
Development Review Committee, and other applicable review agencies have made comments in
relation to those and other criteria as described below, and have recommended conditions as outlined at
the beginning of this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
Historically, the subject property has been used for agricultural purposes. However, the limited area of
the subject property is not of a substantial size to accommodate a viable farmstead. The adopted
growth policy for this area is identified for development as “Residential” on the Future Land Use Map of the Bozeman Community Plan. With approval of the original preliminary plat for Baxter Meadows Subdivision PUD in 2005 and filing of the final plat for Phase 4A in 2007, this preliminary plat
application is considered appropriate for urban growth at urban density.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project. Although the subdivider does not anticipate any impacts to downstream water users with this subdivision, the applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance and
agricultural water user facilities, and are therefore advised that they may be subject to those
restrictions.
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3. Effects on Local Services
Water/Sewer - Access to municipal infrastructure and public services is available as a significant portion of the water and sanitary sewer mains have already been installed with Phase 4A of the major subdivision. However, standard code requirements still apply, including the requirements for final as-
built plans and specifications, detailed design reports, engineering services for construction inspection,
and preparation of mylar record drawings.
The City Engineer’s Office has recommended conditions requiring that water mains over 500 be looped and also that a note on the plat shall state “Water rights for Lot 9 of Block 8 in Phase 4I has not adequately addressed cash in lieu of water rights. Cash in lieu of water rights or the equivalent water
rights must be transferred to City of Bozeman at the time of development.”
Streets - As depicted on the preliminary plat the placement and location of the local streets is generally
predetermined by existing water and sanitary sewer mains that are already installed along the north and west areas of the subdivision. Minor adjustments to proposed local streets may be required to accommodate adjustments to the lot sizes from the previous preliminary plat application. All street
improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard
sidewalks, and storm water facilities. Based on the recommendations in the required traffic impact
study, the City Engineer’s Office is recommending a four way stop shall be installed at the intersection of Baxter Lane and Davis Lane. A one-foot wide “No Access” strip is also required along Baxter Lane and Davis Lane.
Police/Fire – The property is located within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the
final plat to facilitate fire and police response to the site. In November of 2006, the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the
growing community. Recent construction of fire station #3 immediately to the south will provide fire
and emergency services to this subdivision.
Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process. Provisions for routing of major storm events (100 year) either through pipe, surface
flow, or a combination thereof shall be provided for any major drainage courses that are being cut off.
This also includes proper design, placement and construction of stormwater facilities that may
encroach into any watercourse setback.
Parks/Trails - Based on the subdivision consisting of 95 single household dwellings and one multi-
household residential lot, and using the factor of providing 0.03 acres per dwelling unit and a density
of 12 dwelling units per acre for the multi-family lots approximately 3.96 acres of dedicated parkland
is required. To fulfill the parkland requirements, the applicant requests use of the dedicated parkland
credits available for the Baxter Meadows Subdivision PUD. The Recreation and Parks Advisory Board (RPAB) considered the applicant’s request on February 8, 2013 and is generally supportive of
the applicant’s proposal and recommends the applicant be granted parts of the available dedicated
parkland credits, but recommends the POA be required to participate in the maintenance and upkeep of
the parkland and open space areas in Baxter Meadows Subdivision Planned Unit Development (PUD).
A Type II class public trail within a 30-foot wide public access easement will be constructed in a common open space area that parallels Spring Ditch watercourse.
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4. Effects on the Natural Environment
With exception to the Spring Ditch water course and associated wetlands, no additional significant physical or topographical features have been identified (i.e., outcroppings, geological formations, steep slopes). Any mitigation and enhancement of wetlands will occur only with the approval of 310 and/or
404 Permits from the Gallatin County Conservation District and Army Corp of Engineers.
Groundwater quality will be protected by the installation of municipal sanitary sewer services and
appropriate measures are proposed by the developer with residential construction. Provisions have been discussed in the applicant’s submittal to address the control of noxious weeds and maintenance of common open space areas, and will be further addressed with the protective covenants and compliance
with the recommended conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
The historical use of the property for agricultural purposes has limited the potential for development of significant areas of mature vegetation. No known endangered species or critical game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife & Parks has not
identified any impacts on wildlife and wildlife game range habitat with this development proposal. The
Department is recommending that disturbance of the watercourse riparian and wetland vegetation be
limited and that storm water runoff be properly treated before discharge.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public
health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development
Review Committee (DRC) which has determined that it is in general compliance with the title. Any
other conditions deemed necessary to ensure compliance have been noted throughout this staff report.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has reviewed this
application against the listed criteria and further provides the following summary review:
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and
Platting Act.
The property in question has been surveyed and platted in conformance with the Montana Subdivision
and Platting Act and prepared as a preliminary plat in accordance with the state statute and the
Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply
with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in
the Gallatin County Clerk & Recorder's Office upon review and approval by City staff.
C. Compliance with 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
Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as a condition 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 Bozeman Unified Development Code and shall be
addressed with the final plat application:
a. 38.03.040.A of the BMC, 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
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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 with each subsequent request considered on its individual merits and consideration on criteria provided in 38.03.040.A, BMC. As a multi-phased subdivision, conditional approval of the preliminary plat for The Crossing at
Baxter Meadows Subdivision, Phase 4B-4I shall be in force for three years.
b. The final plats shall contain the applicable language for all certificates listed in Sections 38.06.020
through 38.06.110, BMC. The Final Plat certificates shall be adjusted so the Certificate of Dedication includes a perimeter metes and bounds legal description of each phase of the 36.94-acre subdivision be platted, list the streets to be maintained by the City, and a calculation table for required dedicated
parkland and how requirements are being met.
c. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due
with each final plat(s) of the major subdivision.
d. 38.21.060.C.1 “Corner Lots” – The homeowner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the
block. The final plat shall indicate the orientation of all corner lots.
e. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from
both streets and provide acceptable visibility for traffic safety. Further, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation
for all corner lots. The preliminary plat shall indicate the orientation of all corner lots.
f. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear property line.
g. 38.23.060.B “Private Utilities” – The final plat and homeowner’s association documents shall
contain a note stating that if a utility easement is greater than the building setback required by Chapter
38, B.M.C. said easement shall apply. All utility easements to be noted on the Final Plat for each
typical subdivision lot/block, exclusive of notations on the final plat.
h. 38.23.060.D.4 – States that storm water runoff from a development shall not be discharged directly
to an irrigation facility. This will further require all storm water facilities to be designed in a manner
that addresses the criteria set forth by the Planning Office
i. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed and
contained on an individual lot as a common area(s) owned and maintained by the property owner’s association and noted accordingly in the protective covenants. Said facilities may be included in the
common open space area containing the Baxter Spring Ditch watercourse.
j. 38.23.120 - If mail will not be to each individual lot within the development, the developer shall
provide an off-street area for mail delivery within the development in cooperation with the United
States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a
City right-of-way.
k. 38.23.150 – Subdivision lighting and Special Light Improvements District (SLID) information
shall be submitted to the City Clerk after preliminary plat approval in hard copy and digital form. The
final plat will not be approved until the resolution to create the SLID has been approved by the City Commission. The Lighting Plan shall reflect the standards outlined in the UDC. A lighting plan shall
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be submitted for review and approval prior to the contracting, creation of an SLID and installation of
the lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All lights including the bollard light shall conform to the City’s
requirement for cut-off shields.
l. 38.25.020.a “Parking Dimensions” – The property owners’ association documents shall include
language stating the minimum provisions for one-stall and two-stall car garages as outlined by Section 38.25.020.A.
m. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain language
stating that all street rights-of-way contiguous to or within the proposed development site not used for
street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as
defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of
Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall
be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and
above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
n. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, grass turf
and street trees on all external streets (i.e., Baxter Lane and Davis Lane) and adjacent to public parks or
other open spaces. Trees may not be located within 10 feet of sewer and water services. Sewer and
water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation
of the trees or prior to final plat approval, whichever comes first.
o. 38.26.050.L “Maximum Allowable Slope or Grade” – All areas identified in the subdivision for
the purposes of retention/detention storm water facilities shall be noted on the subdivision plat as “Common Open Space” owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the Planning
Office. All storm water facilities must be designed in a fashion that is landscaped as effective
landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or 25%, with an
average depth of not more than two feet. All collection and outlet facilities must also be properly landscape and screened from the general public. All storm water facility outlet structures will be properly landscape and a minimum distance of not less than thirty (30) from any watercourse high
water mark will be required. Placement and design of the facilities will be approved by both the City
Engineer’s Office and Planning Office.
p. 38.27.090 “Waiver of Park Maintenance District – Prior to final plat approval executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed
with annexation.
q. 38.27.110 – Pathways must be maintained by the developer in conformance with the approved
maintenance plan until at least 50% of the lots are sold. Thereafter, the homeowner’s association is responsible for pathway maintenance. Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is recommended along
the watercourse corridor with the placement appropriate pedestrian crossings at all intersections with
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interior subdivision streets. A typical cross section of the public trail shall be included in the landscape
guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval.
r. 38.31.090.B “Flood Hazard Evaluation” - The developer's professional engineer, licensed in the
state, shall provide written certification to the city that the mapped flood locations and proposed
mitigation shall protect against damage by the 100-year flood, which will require a 100-year flood
plain boundary to be delineated on the final plat.
s. 38.38.030 “Covenants” - 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 the following items: 1) the orientation and
setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors (i.e., P.A.C.
corridors) and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outlines architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each
residential lot, 6) a 25-foot yard setback from Davis Lane, 7) provisions that outline the renewal of an
annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 8) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 9) mitigation of groundwater with established floor
elevations and no basement restriction, 10) architectural guidelines for residential character, porches,
fenestration treatment, placement of garages, boulevard trees, 11) noxious weed control, 12) parking
within residential structures, 13) assessment of existing and future Special Improvement Districts, and 14) protection of downstream water users.
These documents 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 working days prior to submitting a final plat
application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.
t. 38.39.030 “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the
completion of all required improvements, an Improvements Agreement shall be entered into with the
City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary
plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements.
u. 38.39.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall include
language stating that “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.”
v. 38.41.050.A.8 – A Memorandum of Understanding shall be entered into by the Weed Control
District and the subdivider for the control of county declared noxious weeds and a copy provided to the
Planning Department prior to Final Plat approval.
w. 38.41.060A.9 – The development is subject Title 85, MCA protecting water rights, conveyance and agricultural water user facilities, and is therefore advised that they may be subject to those restrictions.
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x. Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, or common open space areas once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
y. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
z. The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
aa. 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. bb. 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 38.39.020.A.1 of the Unified Development
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.
cc. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development
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.
The City Engineer’s Office has identified the following code provisions and design standards.
1. 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/detention basin location, and locate 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 sites, drainage ways, and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater
maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
2. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer
prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management
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Ordinance #1763. The SMP is independent of any other storm water permitting required from the
State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention
Plan (SWPPP) if they are required for this development.
3. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the City
Engineer. The report must include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify
necessary water system and sewer system improvements required for full development. The
Developer will be responsible to complete the necessary system improvements to serve the full
development.
All water mains over 500 feet in length must be looped.
4. Upon availability of service, any existing residence/business on the property must be connected to
City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and
certification provided the abandonment occurred. Any wells presently used for domestic purpose can
be retained for irrigation only with no physical connection to domestic water piping.
5. All residential lots shall pay cash-in-lieu of water of rights prior to final plat approval. The applicant is required to produce an estimate for the annual water consumption for the facility at full
build out. This water consumption rate will be reviewed by the Engineering Department to determine
the final amount for cash-in-lieu of water rights. The developer may also provide a transfer of the
equivalent required water rights. Any water right proposed to be transferred to city ownership should be submitted for review as early as possible so the value can be determined without hindering the final plat process. The necessary water rights or cash-in-lieu for all residential lots must be provided prior
to the filing of the final plat.
6. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
7. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width. While the final location of the water and sewer mains will be determined once the final street
widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All
necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access.
8. Any existing water/sewer infrastructure that will not be utilized by this development will be
properly abandoned with direct coordination with the Water/Sewer Department, Engineering, and GIS.
9. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
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improvements unless concurrent construction is granted.
10. Street names must be approved by the City Engineer and county road office prior to final plat submittal.
11. All streets contained within the subdivision shall be within dedicated public right of way and built
to city standards.
12. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per
Chapter 38.24.080 of the UDC sidewalks will be installed prior to occupancy of any individual lots.
13. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation.
14. Project phasing shall be clearly defined on the infrastructure plans and specifications including
installation of infrastructure. If concurrent construction will be used in the development of this
subdivision, all criteria in UDC section 38.39.030.D. must be met. In addition a formal request for concurrent construction must be received during this review of the preliminary plat.
15. The Montana Department of 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
plan and specification approval.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act.
The hearings before the Planning Board and City Commission have been properly noticed, as required
by the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property
owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation of the D.R.C. and other applicable review agencies, as well as any public testimony received on the
matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman
City Commission who will make the final decision on the applicant’s request. Said public hearing
scheduled before the Planning Board on February 19, 2013 was opened and continued to March 5,
2013.
E. Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the final plat
for each phase.
F. Provisions of legal and physical access to each parcel.
The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as common open space and for all streets/alleys if
they are not dedicated to the public
Subdivision Variances
The applicant has requested variances to the following sections of the Unified Development Code
(UDC) with this preliminary plat application:
1. Section 38.23.040.B - “Block Length”, to exceed the maximum block length of 400 feet for Blocks
2, 4, 6, 7, 8 and Block 10 of this preliminary plat application, and
2. Section 38.23.040.C “Block Width” to allow block widths to be less than 200 feet or more than 400
feet in width for Blocks 2, 8, 9 and 10.
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Per 76-3-506, MCA, a variance to the UDC must be based on specific variance criteria, and may not
have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that the following review criteria are adequately addressed.
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties.
Section 38.23.040.B - “Block Length”, to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10. – Yes, the subdivision blocks range from 450 feet to 720 feet long. The
original preliminary plat for Baxter Meadows Subdivision, Phase 4 in 2007 was generally designed
and found acceptable to the Planning Board and City Commission that assured a high level of
multimodal connectivity, traffic safety, and ease of traffic control and circulation.
Section 38.23.040.C – “Block Width” to allow block widths to be less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10. – Yes, Blocks 2, 9 and 10 are less than 200 feet and Block 8 is
approximately 400 feet in width. As stated above for block length, the original preliminary plat for
Baxter Meadows Subdivision, Phase 4 was generally designed and found acceptable to the Planning
Board and City Commission that assured a high level of multimodal connectivity, traffic safety, and
ease of traffic control and circulation.
2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretations of this title is enforced.
Section 38.23.040.B - “Block Length”, to exceed the maximum block length of 400 feet for Blocks 2,
4, 6, 7, 8 and Block 10; and Section 38.23.040.C – “Block Width” to allow block widths to be less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
Yes, an undue hardship would result if strict interpretations of these sections are enforced. The
subdivision design is driven by the physical features established with the Spring Ditch watercourse and
associated wetlands. In-lieu of relocating the existing physical feature the applicant has elected to
maintain the watercourse and associated in its natural state and offer a more effective natural amenity for the future residents. This reasoning, in concert with the irregular design of Vaquero Parkway
which is driven by the Gallatin County Regional Park would cause an undue hardship if the variance
was not granted.
3. The variance will not cause a substantial increase in public costs.
Section 38.23.040.B - “Block Length”, to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10; and Section 38.23.040.C – “Block Width” to allow block widths to be less than
200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
No, these variances will not result in public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
Section 38.23.040.B - “Block Length”, to exceed the maximum block length of 400 feet for Blocks 2,
4, 6, 7, 8 and Block 10; and Section 38.23.040.C – “Block Width” to allow block widths to be less than
200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
No, staff has not identified any other nonconformity with the granting of these variance requests.
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Based on the findings outlined above, the Development Review Committee considered the applicants’
variance requests to the Unified Development Code; and as a result, recommends approval of both variances.
Public Comment
As of this writing the Planning Department has received one public comment. Mr. Steve Harrison,
President, Baxter Meadows Master HOA has expressing concern that should the applicant wish to
receive credits for an excess of dedicated parkland in Baxter Meadows that all the phases receiving dedicated parkland credit and enjoying the use of the parks and open space within the Master
community need to participate in the maintenance of those parks and opens spaces. Mr. Harrison is
requested that the future residents and HOA of the subdivision be responsible for participating in the
assessment for maintenance and upkeep of the Baxter Meadows Subdivision parks and open space plan
based on a fair share basis of the required dedicated parkland and open space (see attached correspondence dated February 6, 2012 – Attachment “B”). Any additional public comment received
prior to the public meeting and hearing will be provided.
Conclusion/Recommendation
Pursuant to Section 38.03.040.D of Chapter 38, BMC, the Planning Board shall review the preliminary
plat and supplementary information to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend
approval, conditional approval or denial of the preliminary plat application. The Board shall then
provide advice and comments to the Bozeman City Commission for its consideration at its Monday,
March 25, 2013 hearing which begins at 6:00 PM. The Planning Board Resolution #P-12017 and
minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a part of the Commission’s record.
As an application for a major subdivision, the Planning Board will make a recommendation to the City Commission. The City Commission shall make the final decision of this application. The decision of the
City Commission may be appealed by an aggrieved person as set forth in Article 38.35, BMC.
Attachments: Aerial Exhibits
Agency Review Comments
Applicants’ Preliminary Plat Materials
Mailed to:
Bank of Bozeman, P.O. Box 10070, Bozeman, MT 59719-0070
Holyoke III, LLC, 504 South Wilson, Bozeman, MT 59715 TD&H Engineering, 234 E Babcock, Suite 3, Bozeman, MT 59715 Intrinsik Architecture, 111 N Tracy Avenue, Bozeman, MT 59715
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Subdivision Preliminary Plat Checklist Narrative
D. PRELIMINARY PLAT REQUIREMENTS
1. All information required with the pre-application as outlined in Section 38.41.030
(Subdivision Preapplication Plan), BMC
All information required with the pre-application is provided.
2. Name and location of the subdivision, scale, scale bar, north arrow, date of
preparation, lots and blocks (designated by number), the dimensions and area of
each lot, and the use of each lot, if other than for single family
See information on Preliminary Plat (Tab 4)
3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-
of-way, grades, and curvature of each; existing and proposed road and street
names; and proposed location of intersections for any subdivision requiring access
to arterial or collector highways
See information on Preliminary Plat and Supplemental Maps, Drawings, and
Figures (Tabs 4 and 5)
4. The names of adjoining platted subdivisions and number of adjoining certificates of
survey
See information on Preliminary Plat and Adjoiners List (Tabs 4 and 6)
5. An approximate survey of the exterior boundaries of the platted tract with bearings,
distances and curve data indicated outside of the boundary lines. When the plat is
bounded by an irregular shoreline or a body of water, the bearings and distances of
a closing meander traverse shall be given
See information on Preliminary Plat (Tab 4)
6. The approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary
See information on Preliminary Plat (Tab 4)
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7. If the improvements required are to be completed in phases after the final plat is
filed, the approximate area of each phase shall be shown on the plat
See information on Preliminary Plat (Tab 4)
8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if
slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or
greater
See information on Supplemental Maps, Drawings, and Figures (Tab 5)
9. List of waivers granted from the requirements of Section 38.41.060 (Additional
Subdivision Preliminary Plat Supplements), BMC during the preapplication process
See Item F below
10. Request for exemption from Montana Department of Environmental Quality
Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ
Review), BMC
See copy of Municipal Facilities Exclusion Checklist (Tab 7)
11. All appropriate certificates (refer to Chapter 38.6, BMC)
See information on Preliminary Plat (Tab 4)
E. PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISION
1. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads
See information on Preliminary Plat (Tab 4)
2. Map of entire subdivision on either 8 ½-inch x 11-inch, 8 ½-inch x 14-inch, or 11-
inch x 17-inch sheet
See information on Preliminary Plat and Supplemental Maps, Drawings, and
Figures (Tabs 4 and 5)
3. A written statement describing any requested subdivision variance(s) and the facts
of hardship upon which the request is based. Refer to Chapter 38.35 (Variance,
Deviation, and Appeal Procedures), BMC
See Item F below
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4. Covenants, Restrictions and Articles of Incorporation for the Property Owners’
Association
See information on HOA Documents (Tab 12)
5. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or driveways intersect State, County, or City
highways, streets or roads
No encroachment permits are required (N/A). Dedicated right-of-way is provided
on the preliminary plat for connection to existing City streets. The approval of
the preliminary plat will act as the permit to encroach on city streets. See
information on Preliminary Plat (Tab 4)
6. A letter of approval or preliminary approval from the City of Bozeman where a
zoning changes is necessary
A zoning change is not being requested (N/A)
7. A draft of such other appropriate certificates
See information on Preliminary Plat (Tab 4)
8. Provision for maintenance of all streets (including emergency access), parks, and
other required improvements if not dedicated to the public, or if private
All streets will be dedicated to the public. Maintenance of the open spaces is
described in the HOA documents (Tab 12).
9. Profile sheets for street grades greater than 5 percent
There are no proposed streets with grades greater than 5 percent (N/A)
10. If an authorized representative signs on behalf of an owner of record, a copy of the
authorization shall be provided.
The owner of record will sign (N/A)
11. A Noxious Weed Management and Revegetation Plan approved by the Weed
Control District for control of noxious weeds
See information on Noxious Weed Management Plan and Park Master Plan (Tab
11 and 15)
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12. A preliminary platting certificate prepared by a Montana title company
See preliminary platting certificate (Tab 4)
F. ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
1. Surface Water
The Crossing at Baxter Meadows (The Crossing) site is approximately 4,700 feet
above sea level, encompassing approximately 37 acres that slope gradually from
south to north as is characteristic of the Gallatin Valley. The historic land use is
agricultural hay and crop production.
One surface water, the Spring Ditch, traverses the property flowing in a south to
north direction. Waterways in the greater Bozeman area have been mapped and
classified as streams, stream/dich combinations, or ditches by the Montana
Department of Fish, Wildlife, and Parks (FWP) on the 1993 “Stream and Ditches”
map. Stream/ditches are typically naturally occurring streams that have been
historically channelized for irrigation purposes. Ditches convey water only
during the irrigation season and are dry otherwise. According to the FWP system,
Spring Ditch is classified as a stream/ditch
The original source of the Spring Ditch was apparently a natural spring located
south of what is now the regional park. Currently the water is collected
underground (reportedly via a french drain system under Oak Street) and
discharged to a pipe located in the bottom of the man-made channel. The channel
flows north from the southeast portion of the property, crosses Baxter Lane, then
continues to flow north.
Approximately 1,000 feet of the Spring Ditch was rebuilt with the Baxter
Meadows Phase 4A (Phase 4A) Subdivision. Additional realignment is not
proposed with The Crossing Subdivision. The general intent of the water course
corridor is to provide a functional setback for the stream while providing a
visually pleasing recreational area. The corridor and associated trail generally
follows the Spring Ditch and ties into the regional park to the south and into an
existing open space trail system to the north. Once the Crossing is fully
developed, the trail and corridor will be fully built from Oak Street to
Kimberwicke Street near Chief Joseph Middle School, creating approximately
one mile of continuous trail and open space corridor. Additional information,
including discussion on wetlands and vegetation, can be found in The Crossing
Park Master Plan.
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The existing wetlands exist along the Spring Ditch and are shown on the
Preliminary Plat (Tab 4). They are also further described and shown in the Park
Master Plan (Tab 15).
2. Floodplains
There does not appear to be any portions of the subdivision within two thousand
horizontal feet and less than twenty vertical feet of a watercourse draining an area
of twenty-five square miles or more. A 100-year floodplain study of the existing
and relocated portions of the Spring Ditch was conducted and included in the
Baxter Meadows Phase 4 Design Report dated June 2007 (Tab 14). Land use and
infrastructure adjustment made for The Crossing from the previous plan in 2007
does not affect the spring ditch and its 100-year floodplain, thus the previous
study is still applicable. The location of the Spring Ditch’s 100-year floodplain is
shown on the preliminary plat.
3. Groundwater
The information provided in this section is taken from a groundwater study of the
entire Baxter Meadows PUD in 2000-2001. Substantial changes in groundwater
conditions are not expected since that time. Water-bearing materials in the area
are predominantly quaternary and tertiary alluvial fan deposits. Groundwater
flows in a north-northwest direction, roughly paralleling the slope of the ground
surface (USGS 1995). Eighteen (18) monitoring wells were installed across the
entire Baxter Meadows subdivision in May and June 2000 to measure
groundwater levels for design and construction purposes. Three nested
piezometers were subsequently installed in September to more accurately
characterize groundwater depths in the general location of the Regional Park
ponds. Static water levels were measured from May 2000 until August 2001.
The highest groundwater level within The Crossing was measured at 2.7 feet
below ground surface (bgs) in monitoring well 11. Well logs from residential
wells indicate well depths ranging from 40 to 72 feet and static water levels from
6 to 14 feet. The lithologic logs identified a silt loam topsoil layer extending from
0 to 3 feet followed by alternating layers of sand and cobbles to 72 feet with
intermittent narrow lenses of clay. Production rates measured in surrounding
residential, fire protection, and irrigation wells ranged from 5 to 1,000 gpm.
4. Geology; Soils; Slopes
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). Geology and soils will likely be
similar to those encountered during the construction of Phase 4A. Significant
slopes are not anticipated.
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5. Vegetation
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). The majority of The Crossing site
has been previously disturbed. After development, the majority of vegetation will
be lawn, shrubs, and boulevard trees typical of residential subdivision with the
exception of the open space corridor along Spring Ditch. Refer to the Park
Master Plan (Tab 15) for additional information.
6. Wildlife
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). Due to the previous agricultural
use of the property there are few signs of wildlife. Habitat most suitable for
wildlife includes the area around the spring ditch that will be preserved as open
space.
7. Historic Features
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). The Montana Historical Society
was contacted prior to the original Phase 4 preliminary plat application. One
cultural property, the Northern Pacific Low Line Railroad, was noted in the same
section as the development.
8. Agriculture
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). Former agricultural practices at
the site include crop production, dairy farming, and cattle ranching. These
practices were discontinued on the property several years ago.
9. Agricultural Water User Facilities
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). The Spring Ditch agricultural
facility will be maintained and continue to flow across the site. Two previously
approved culvert crossings will be necessary to maintain flow across proposed
roadways.
10. Water and Sewer
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). Please refer to the Preliminary
Engineering Design Report (Tab 8). Water and wastewater system improvements
will be designed to meet City of Bozeman Standards and State Department of
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Environmental Quality Standards and Regulations. One water line deviation is
being requested from the City of Bozeman Design Standards.
Deviation 1: Section V.A.5.: Permanent dead-end mains shall not exceed
500-feet long.
Due to phasing, a dead-end main extension of approximately 630 feet is being
proposed. As can be seen on the Master Utility and Phasing Plans (Tab 5), a
temporary cul-de-sac is being proposed for the west end of Tschache Lane. The
length of the cul-de-sac (see Item 12 below) and corresponding water line exceeds
500 feet. The primary reason for this is the location of Spring Ditch and future
Vaquero Parkway right-of-way requires a longer cul-de-sac length and thus longer
water line extension. The proposed lot layout does allow for terminating the
water main at 500 feet; however, extending the extra 130 feet to avoid disturbing
new asphalt roadways appears warranted. Water modeling indicates that a flow
of roughly 2,800 gpm is available at the end of this main with a residual pressure
of 20 pounds per square inch (psi) during the maximum day flow.
The dead-end main is being considered temporary and is designed to be looped
upon full build out of The Crossing per the Master Utility Plan (Tab 5). The
design standards specify that permanent dead-end mains shall not exceed 500-feet
long; however, the engineering review comments submitted to the DRC on April
18, 2012 specifically states that “All water main extensions of more than 500 feet
required for any phase of the development shall be fully looped.”
11. Stormwater Management
The subdivision stormwater management plan has been revised to account for the
proposed adjustments of The Crossing compared to the original 2007 layout.
Please refer to the Preliminary Engineering Design Report (Tab 8). Stormwater
improvements will be designed to meet City of Bozeman Standards and
Regulations.
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12. Streets, Roads and Alleys
Description
A significant network of new roads will be required to serve the subdivision as
shown on the preliminary plat. Perimeter roads (Baxter Lane and Davis Lane)
have already been improved to the required standard along with two sections of
the internal subdivision roads constructed during Phase 4A.
Significant changes from the previously developed Phase 4A are proposed with
The Crossing. Internal roads constructed as part of Phase 4A were not built to the
City of Bozeman standard and were required to be privately maintained. Lolo
Way, Caspian Avenue, and Lemhi Trial Drive have the following characteristics
in Phase 4A:
• 55-foot right-of-way on Lolo Way and Lemhi Trail (not standard)
• 60-foot right-of way on Caspian Avenue (standard)
• Rollover curb and gutter (not standard)
• 31 feet from back of curb to back of curb
• Intersection curb bulbs (not standard)
• Privately maintained streets (not standard)
Internal subdivision roads in The Crossing are proposed to have the following
characteristics:
• 60-foot right-of-way (standard)
• Standard City of Bozeman Curb and Gutter
• 33 feet from back of curb to back of curb
• 15-foot curb radii at intersection streets (standard)
• City of Bozeman maintained streets (standard)
Transition from the Phase 4A road infrastructure to The Crossing infrastructure
will be made at strategic locations to provide smooth and aesthetic transitions.
The existing curb bulbs will be utilized to transition Lolo Way and Lemhi Trail to
the proposed road section. The remaining 150 feet of Caspian Avenue is
proposed to match the non-standard road section installed during Phase 4A. Due
the short length of Caspian Avenue left to construct it seemed appropriate to
maintain the 31 foot width and rollover curb.
The two alleys in the northeast quadrant of the originally proposed Baxter
Meadows Subdivision Preliminary Plat (2007) have been removed from the
design. Alleys were contemplated in several design schemes but later removed
due primarily to required access separation on Davis Lane, but also because of
current market demands and trends and other project factors.
Three street design deviations have been preliminarily discussed with the City of
Bozeman Engineering Department. The City Engineering Department indicated
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preliminary agreement/support of the following deviations from the City of
Bozeman Design Standards:
Deviation 1: Section IV.D.4. and Table IV-2: Minimum centerline radius on
curves of 150 feet.
This is being requested as a result of a 120-foot center line radius on Monida
Drive. Justification for this deviation includes the following:
• The odd triangular shape of the developable land south of
Tschache Lane, west of Davis Lane, north of Vaquero Parkway,
and East of the spring ditch creates geometric difficulties for road
and lot layouts. The proposed layout maximizes the centerline
radius while taking into account lot and street geometry.
• The curve approximates a 90 degree intersection between Monida
Drive and Caspian Avenue.
• Low traffic volumes and low vehicle speeds.
Deviation 2: Section IV.D. Table IV-2: Minimum length of tangent at
intersection of 100 feet.
Again, this is being requested as a result of Monida Dive and for the same reasons
as are identified above. Justification for this deviation includes the justifications
noted in the request for Deviation 1.
Deviation 3: Section IV.D. Table IV-2: Maximum cul-de-sac length of 500
feet.
This deviation is being requested as a result of a temporary cul-de-sac proposed
for Tschache Lane and Lolo Way/Marias Lane. A cul-de-sac length of 603 feet
and 730 feet from center of the cul-de-sac to center of the nearest intersection is
being requested for Tschache Lane and Lolo Way/Marias Lane, respectively.
Justification for the deviation includes the following:
Tschache Lane
• The Spring Ditch creates a natural site constraint that encompasses
150 feet of the cul-de-sac length. Without this constraint, the cul-
de-sac measures approximately 450 feet, which meets the City
Design Standards.
• The cul-de-sac is temporary and will be eliminated once Vaquero
Parkway is built.
• An approved temporary gravel cul-de-sac will be constructed to
provide a suitable area for emergency and city vehicles to turn
around.
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Lolo Way/Marias Lane
• The alignment of Marias Lane is fixed based on location of the
existing water main; therefore, the roadway cannot be moved
closer to Caspian Avenue to reduce the cul-de-sac length.
• The cul-de-sac is temporary and will be eliminated once Phase 4C
is constructed.
• An approved temporary gravel cul-de-sac will be constructed to
provide a suitable area for emergency and city vehicles to turn
around.
Access to Arterials
Lots will not have direct access to arterials (Baxter Lane and Davis Lane). A 1-
foot “No Access” strip is shown on the Preliminary Plat (Tab 4).
Modification of Existing Streets, Roads or Alleys
There are no modifications to existing streets, roads or alleys proposed in The
Crossing.
Dust
All streets and roads will be paved.
Pollution and Erosion
Stormwater detention basins will be constructed to handle storm water runoff and
to provide sediment removal. Roads will be maintained by the City of Bozeman,
excluding the roads previously developed as Phase 4A, which are maintained by
the Baxter Meadows Phase 4A Home Owner’s Association.
Installation and Maintenance
Subdivision roads will be installed per the Montana Public Works Standard
Specifications (MPWSS). Maintenance will be conducted by the City of
Bozeman.
Traffic Generation and Capacity
Please refer to The Crossing Traffic Study in Tab 13.
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Bicycle and Pedestrian Pathways, Lanes, and Routes
Interior local streets will be built to Bozeman standard widths (33 feet back of
curb to back of curb). A 10-foot wide paved bike/pedestrian trail is planned on
the Regional Park side of Vaquero Parkway in accordance with the Bozeman trail
master plan. This trail ties into the West Winds Subdivision to the east and the
trail through the Baxter Meadows Linear Park to the north. A gravel trail will
also run through the open space along Spring Ditch. Additional information can
be found in the Park Master Plan (Tab 15).
Traffic Calming
Interior streets have been designed to create traffic calming through intersection,
stop signs, and required turns. A three-way stop is proposed for the intersection
of Vaquero Parkway and Tschache Lane to discourage the use of Vaquero
Parkway as a through-street.
13. Utilities
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). The subdivision plat has been
submitted to Optimum/Bresnan Communications, Northwestern Energy, and
Qwest.
14. Educational Facilities
At the time of the original Phase 4 preliminary plat application in 2007, the
Bozeman School District indicated its facilities and bus system should be able to
handle the additional students created by Phase 4. The subdivision plat has been
resubmitted to Bozeman School District #7. Comments from Kevin Barre can be
found in Tab 10.
15. Land Use
The 2007 Phase 4 development consisted of:
• 127 Single Family Lots
• 1 Multi-Family Lot (Approximately 72 units)
• 1 Owners Center Lot
The Crossing will generate 95 single family lots, one variable lot that will either
be a community center or residential lot with possible attached housing options,
and associated open spaces in addition to the previously platted Phase 4A, which
included 34 single family lots.
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There are proposed variances requested with this Preliminary Plat application
including:
• Variance #1: 38.23.040 - Block Length - Several proposed block
lengths exceed 400 feet to safely address access control and some
exceed 600 feet without an intersecting street or pedestrian walk.
Note that no blocks lengths exceed 1,320 feet.
• Variance #2: 38.23.040.C - Block Width - must be between 200
and 400 feet - several blocks are shorter than 200 feet due to access
separation requirements.
As previously discussed in Items 10 and 12 above, the primary reason for these
variance requests is the unique geometry created by existing Spring Ditch and
Davis Lane along with the existing right-of-way for the future Vaquero Parkway.
These existing features create a triangular shaped wedge at the southern edge of
The Crossing. Multiple lot and street layouts were considered to take into account
this unique wedge shape site geometry. The proposed layout was decided upon
after consideration of the site constraints, DRC and City of Bozeman Staff input,
and safety considerations.
Pedestrian routes were also considered during layout of the blocks. Primary
routes to the Linear Park and Regional Park were maintained from each direction.
16. Parks and Recreation Facilities
The Crossing includes 95 residential units plus one lot totaling 3.02 acres of
unknown density (Assume 8 dwelling units per acre per section 38.27.020) x 0.03
acres per dwelling unit = 3.57 acres of parkland. Parkland requirements are
being met with approved carry-over from previous Baxter Meadows phases.
Improvements to the open space areas will include an enhanced stream and
wetlands, trails, landscaping, and a bridge. See The Crossing Park Master Plan
for additional information (Tab 15).
17. Neighborhood Center Plan
The requirement for a community center is already met by several existing and
planned resources including:
• The adjacent lot designated for the Bozeman YMCA
• The adjacent Regional Park including the Dinosaur Playground
• Covered picnic areas
• Climbing boulder
• The nearby mixed use Tracker Building
• Every lot within the proposed subdivision is within a half mile
(2,640 feet) from a community center.
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18. Lighting Plan
Please see Tab 9 for lighting information. Two light fixtures are proposed – the
Domus (mounted at 17.5’ and 20’) to match the rest of Baxter Meadows and the
Gullwing (mounted at 35’) to match Davis Lane. Lights are proposed in
accordance with the PUD, the UDO, and Northwestern Energy standard practices.
19. Affordable Housing
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012). The workforce housing ordinance
has been suspended until such time as the City Commission provides policy
direction to reinstate it.
20. Miscellaneous
Waived per City of Bozeman Development Review Committee Memorandum
dated April 18, 2012 (Updated April 20, 2012).
Public Lands
Access to public lands including the Regional and Dinosaur Park currently exist
on Oak Street and at the Bozeman’s Firehouse #3. The remainder of Vaquero
Parkway, once constructed, will provide additional access to the park.
Hazards
No health or safety hazards exist on or near the subdivision, nor are there land
uses that create a nuisance.
21. Stormwater Management Permit Application
Prior to construction, a Stormwater Management Permit will be submitted to the
Montana Department of Environmental Quality and the City of Bozeman.
Deviation Requests
See Items 10 and 12
Variance Requests
See Item 15
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LOLO WAYLOLO WAYLEMHI TRAIL DRIVEMARIAS LANE BAXTER LANEDAVIS LANE
CASPIAN AVENUE
WINTER PARK STREETVAQUERO PARKWAY
TSCHACHE LANELEMHI TRAIL DRIVE
VAQUERO PARKWAYTSCHACHE LANELEMHI TRAIL DRIVEMONIDA STREETSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.J:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\SURVEY\11079PrelimPlatC3D.dwg, 1/17/2013 3:52:06 PM, KLS
142
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.J:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\SURVEY\11079PrelimPlatC3D.dwg, 1/17/2013 3:52:27 PM, KLS
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I
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RESOLUTION #P-12017
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 36.94
ACRES, LOCATED SOUTHWEST OF THE INTERSECTION OF BAXTER LANE AND
DAVIS LANE INTO 95 RESIDENTIAL, SINGLE HOUSEHOLD LOTS, ONE MULTI-HOUSEHOLD LOT AND THE REMAINING AREA AS OPEN SPACES, TRAILS AND
STREETS ON PROPERTY DESCRIBED AS BEING LOT R-1 OF THE AMENDED
PLAT J-485A LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 3, T2S,
R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, Bank of Bozeman, applicant, Holyoke III, LLC and
representatives, TD&H Engineering and Intrinsik Architecture, submitted a Major Subdivision
Preliminary Plat Application to subdivide 36.94 acres, located southwest of the intersection of
Baxter Lane and Davis Lane and create 95 residential, single household lots, one multi-
household lot and the remaining area as open spaces, streets and trails on property legally
described as Lot R-1of Amended Plat J-485A located in the northeast ¼ of Section 3, Township
2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana.
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been
properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application includes a request
for variances to Chapter 38 of the Bozeman Municipal Code from: 1) Section 38.23.040.B “Block
Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and
2) from Section 38.23.040.C “Block Width” to allow block widths less than 200 feet or more than
400 feet in width for Blocks 2, 8, 9 and 10; and
WHEREAS, the City of Bozeman Planning Board “opened and continued” the regular
scheduled public hearing of February 19, 2013 to March 5, 2013, to review the application and
any written public testimony on the request for said Major Subdivision Preliminary Plat
Application; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
March 5, 2013, to review the application and any written public testimony on the request for said
Major Subdivision Preliminary Plat Application; and
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WHEREAS, two members of the general public provided written or oral public testimony
on the matter of the preliminary plat application regarding maintenance and upkeep of public
parks, open space and trails in Baxter Meadows Subdivision, and loss of parklands in Baxter
Meadows Subdivision; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application regarding maintenance and upkeep of publically accessible parks,
open space and trials, future parkland credits in Baxter Meadows Subdivision and requested
variances to the Uniform Development Code; and
WHEREAS, the City of Bozeman Planning Board considered amendments to condition
#7 and #8 outlined in the staff report as recommended by the Planning Staff; and
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the
applicants’ two requested variances to the Unified Development Code, BMC; and
WHEREAS, the City of Bozeman Planning Board moved to recommend conditional
approval of the preliminary plat application with said recommended conditions of approval, as
amended by the Planning Staff; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions as
amended, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board,
having heard and considered public comment, adopted the findings presented in the staff report
for P-12017 and voted 5-0 to recommend approval of the requested variances to the following
sections of Chapter 38 of the Bozeman Municipal Code: 1) Section 38.23.040.B “Block Length”
to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2)
from Section 38.23.040.C “Block Width” to allow block widths less than 200 feet or more than
400 feet in width for Blocks 2, 8, 9 and 10; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman
Planning Board, having heard and considered public comment, adopted the findings presented in
the staff report for P-12017 and voted 5-0 to recommend approval of the preliminary plat
application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I, requested in
application P-12017 authorizing to subdivide 66.94 acres and create 95 residential, single
household lots, one multi-household lot and the remaining area as open spaces, streets and trails
subject to the following conditions, as amended by the Planning Board, (conditions amended by
Planning Board underlined and removed by Planning Board strikethrough):
Recommended Conditions:
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1. The Final Plat shall conform to all requirements of the Montana Subdivision and Platting
Act, the Bozeman Municipal Code, the Uniform Standards for Final Subdivision Plats, and
these conditions of approval, and shall be accompanied by all required documents,
including: (i) certification from the City Engineer that as-built drawings for public
improvements were received; (ii) a platting certificate; (iii) and all other required and
corrected certificates. The Final Plat application shall include three (3) signed reproducible
copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies;
one (1) PDF copy; and five (5) paper prints. 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.
2. The applicant shall submit with the application for final plat approval, a written narrative stating
how each of the conditions of preliminary plat approval and code provisions in the Findings of
Fact and Order have been met, and shall include a digital copy (pdf) of the entire final plat
submittal. The narrative shall be in sufficient detail to direct the city to the appropriate plat,
plan, sheet, note, covenant, etc. in the submittal.
3. The final plat shall contain the following notation on its face or in a document to be recorded
with the final plat:
“Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands shall be that of the
property owner’s association. Maintenance responsibility shall include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to public parks or other common open space areas. All areas within
the subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owner’s association shall be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all common open space areas and trails. At the same
time of recording the final plat for each phase of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owner’s
association created by the subdivider to maintain all common open space areas within The
Knoll at Baxter Meadows.”
4. The property owner’s association documents shall comply with Section 38.38.020, BMC
and include a provision requiring a 25-foot yard setback from Davis Lane and that the
setback is inclusive of the open space corridor. Note that lots 9-16, Block 2 have a common
open space width less than 25 feet.
5. Lots located along Davis Lane shall have a 20-foot rear yard setback or 5-foot side yard
setback, whichever is applicable, that will be measured from the property line of each lot.
6. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
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4
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat, or other recordable document acceptable to the City of Bozeman.
This table shall include but not be limited to listing all dedicated parkland requirements,
parkland or parkland credits and areas not credited towards parkland (i.e.,
detention/retention areas, watercourse setbacks, wetlands, common open space, parking
facilities) and the total area of each.
7. The applicant shall provide a minimum of 3.9372 3.5755 acres of dedicated parkland or
equivalent thereof with the major subdivision. This amount is calculated based on 95 single
household residential lots at 0.03 acres per dwelling of dedicated parkland, and one R-3
residential multi-family lot at 12 8 dwelling units per acre at 0.03 acres per dwelling of
dedicated parkland.
8. A note shall be included on the final plat or other recordable document acceptable to the
City of Bozeman for the R-3 multi-household residential lot, (Lot 9, Block 8) describing
parkland dedication allowances that substantially complies with the following:
“Parkland dedication requirements for Lot 9 of Block 8 have been met for only12 8 dwelling
units per acre. At the time of subsequent development, when net residential density becomes
known the property owner may be required to provide additional cash-in-lieu of park
dedication for density above 12 8 dwelling units per acre in accordance with the Bozeman
Municipal Code if developed as a residential multi-household lot. In addition to a note on
the final plat, a separate document shall be recorded on the individual lot so as to ensure this
requirement will appear on a title search.”
9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC.
The applicant also recognizes it seeks to use available parkland credits associated with the
dedicated parkland within Baxter Meadows Phase 3A including the dedicated city park
known as the “10-acre Park” and should therefore participate in the maintenance of such
parkland. Therefore, the applicant shall, prior to final plat approval, work with the Baxter
Meadows Master Community Association, Inc. (BMMCA) to arrive at an agreed upon
method to ensure the applicant and any future property owner’s association created for this
subdivision (including all its phases) succeeding in interest to the applicant contribute
sufficient consideration to the BMMCA on an equitable basis for the maintenance and
upkeep of existing publicly dedicated parks and publicly accessible open space lands and
trails located within the area annexed to the City pursuant to the annexation agreement dated
October 19, 2001 and on file with the Gallatin County Clerk and Recorder as document
number 2053095 exclusive of: (i) lands included within the Gallatin County Regional Park
and (ii) Tracts A-1, A1A and A1B of Amended Plat J353D for the Chief Joseph middle
school. Prior to final plat approval, the applicant shall provide evidence that an agreed upon
method has been established. The agreement may contain a provision that should the City
create a park maintenance district for maintenance of areas subject to the agreement the
agreement may terminate.
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The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the BMMCA and binding
property owners to contribute to the maintenance and upkeep of dedicated parks and
publicly accessible open space lands as required by the agreement between the applicant and
the BMMCA. The provisions in the property owner’s association documents fulfilling this
condition shall be considered required by the City Commission pursuant to 38.38.030.A.5,
BMC.
10. The final plat, property owner’s association documents (POA), and park master plan may
not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA
or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA,
etc. unless the applicant intends to dedicate public parkland within the subdivision. If
private parks are intended with this subdivision in-lieu of common open space the final plat
shall be amended accordingly illustrating said private parks.
11. The definition for “parks” in the homeowner’s association documents shall not include
reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”,
unless public parkland is being dedicated with this major subdivision.
12. A Class II type trail located in a 30-foot wide public access easement will be constructed in
the Baxter Spring Ditch open space corridor from its current determination point in Baxter
Meadows Subdivision, Phase 4A to its terminus at Vaquero Parkway. The final location,
placement and installation schedule shall be approved by the Director of the City of
Bozeman Department of Parks and Recreation with of the advice of the Recreation and
Parks Advisory Board (RPAB). Prior to proceeding with construction of the public trail
the applicant shall have a pre-construction meeting with the Department of Recreation and
Parks.
13. That the final plat(s) contain the following language that is readily visible on the plat placing
future landowners of individual lots on notice of the presence of high groundwater in the
area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements
be constructed without first consulting a professional engineer licensed in the State of Montana
and qualified in the certification of residential and commercial construction.”
14. The final plat shall provide all necessary utility easements which shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. If rear or side yard utility easements are not proposed the applicant shall provide
written confirmation from all applicable utility companies that rear or side yard easements
are not required.
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15. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes
plans and specifications shall be provided for review and approval prior to final plat
approval. Fences located in the front, side or rear yard setback of properties adjacent to any
park or common open space shall not exceed a maximum height of four feet, and shall be of
an open construction designed in a manner to be consistent along all park land and open
space areas. This requirement with appropriate exhibits of fence types shall be addressed
and illustrated in the property owner’s association documents. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the
City Commission pursuant to 38.38.030.A.5, BMC.
16. The lots situated along the Baxter Lane and Davis Lane shall have double-frontage
architectural design features for dwellings facing onto the minor arterials similar to that
found with the building orientation onto the local street frontages; including, but not limited
to covered porches, varied roof lines, multiple façade materials, varied façade plane,
articulation and variation of materials. These architectural requirements shall be discussed
and illustrated in the property owner’s restrictive covenants and development guidelines.
The property owner’s association documents shall also specify that a maximum 4’ tall fence,
with a coordinated design detail of said fence type, is permitted along the back of these said
lots. The provisions in the property owner’s association documents fulfilling this condition
shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
17. The 50-foot wide watercourse setback for existing watercourse and associated wetlands shall
be identified and dimensioned on the final plat. Typical sections, outlet details and
landscape plans to confirm that storm water facilities can be successfully developed in Zone
II of the watercourse setback without impacting the watercourse will be submitted to the
Planning Department for review and approval.
18. Each common open space area identified on the final plat(s) shall be identified according to
a sequence of designated alphabetical values in-lieu of multiple common open space areas
having the same designation (i.e., common open space “A” thru “H” versus multiple areas
with the same “A”, “B”, “C”…. open space designations).
19. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the
Bozeman Historic Preservation Office shall be contacted immediately and construction
activities shall cease.
20. Based on the recommendations in the required traffic impact study, a four way stop shall be
installed at the intersection of Baxter Lane and Davis Lane. Any proposed improvements to
public infrastructure shall be approved by the City Engineering and Street Departments prior to
installation
21. Water rights/cash-in-lieu provided for this subdivision are not sufficient to authorize
development on Lot 9, Block 8, Phase 4I above one residential dwelling. As such, a note shall
be included on the final plat which states, “A building permit may not be issued for
development on Lot 9 of Block 8 in Phase 4I greater than one dwelling unit until additional
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water rights or cash-in-lieu of water rights is provided to the city pursuant to 38.23.180.”
22. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Baxter Lane west of North 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
b. Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
c. Intersection control (e.g., signalization or round-about improvements at the intersection of -
Baxter Lane and Davis Lane.
d. Signalization of the intersection of West Oak Street and Davis Lane
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer or successors in interest including purchasers of lots and any
party taking ownership of said lot through foreclosure, deed-in-lieu of foreclosure or any other
mechanism at law or in equity agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development,
or a combination thereof.
DATED THIS DAY OF , 2013 Resolution #P-12017
_____________________________ ____________________________
Chris Saunders, Assistant Planning Director Trever McSpadden, President
Department of Planning & Community Development City of Bozeman Planning Board
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City of Bozeman Planning Board Minutes of March 5, 2013.
PLANNING BOARD MINUTES
TUESDAY, MARCH 5, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 6:02 p.m. in
the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to take attendance.
Members Present: Staff Present:
Trever McSpadden, President Chris Saunders, Assistant Planning Director
Carson Taylor Tara Hastie, Recording Secretary
Erik Garberg Dave Skelton, Senior Planner
Adam Fruh
Paul Neubauer
Members Absent: Guests Present: George Thompson Debbie Friedel
Carle Tange Teri Ball
David Ball
Trina Wolf
Ryun Wolf
Rob Pertzborn
Andy Smith
Kyle Scarr
Tom Kingma
Barclay Hook
Allan Skogen
Susan Riggs
Kevin P. McKenzie
Mark Gannon
ITEM 2. PUBLIC COMMENT
{Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on
this agenda. Three-minute time limit per speaker.}
Seeing no general public comment forthcoming, President McSpadden closed the public
comment portion of the meeting.
ITEM 3. MINUTES OF FEBRUARY 19, 2013
MOTION: Vice President Garberg moved, Mr. Taylor seconded, to approve the minutes of
February 19, 2013 as presented. The motion carried 5-0. Those voting aye being Vice President
Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay
being none.
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City of Bozeman Planning Board Minutes of March 5, 2013.
ITEM 4. PROJECT REVIEW
1. Major Subdivision Preliminary Plat - #P-12014 (The Knoll @ Baxter Meadows West) – A Major
Subdivision Preliminary Plat application with variances, as requested by the property owner BMW
LLC, 235 Greenhills Ranch Road, Bozeman, MT 59715 represented by TD&H Engineering, 234 E.
Babcock Street, Suite 3, Bozeman, MT 59715 requesting to allow the subdivision of 26.134 acres
into 65 residential single family lots and the remaining area as common open space, trails and streets.
Variances to the Unified Development Code, BMC have been requested from Section 38.23.040.B
“Block Length” to exceed the maximum block length of 400 feet for Blocks 9, 10, 11, 14, 18, and
Section 38.23.040.C “Block Width” to allow block widths to be less than 200 feet in width for
Blocks 9, 14, and 18. The property is legally described as being a portion of Tract 1A of the
Amended Plat of Baxter Meadows Subdivision PUD Phase 1, Tract 1 (J-353A), being located in the
SW¼ of Section 34, Township 1 South, Range 5 East, PMM, City of Bozeman, Gallatin County,
Montana and is generally located .2 miles north of the intersection between Harper Puckett Road and
Baxter Lane. (Skelton)
Senior Planner David Skelton introduced himself and presented the Staff Report noting the
Planning Board was the advisory body that forwarded a recommendation to the City Commission
on major subdivision applications. He noted new public comment had been submitted and
provided the Board with a copy. He stated that there were two motions that needed to be made;
one with regard to the Preliminary Plat and one with regard to the subdivision Variances that
were being requested. He noted the subdivision was part of the Baxter Meadows Subdivision
that was annexed in 2001 and was ~460 acres in size. He noted the heart and core of the
commercial components had originally been the Trakker Building that had been constructed, but
some of the subdivision zoning and layout in that area had since changed. He noted that both
preliminary plat approvals had expired after being granted extensions. He noted both
applications were requesting parkland credits from the previous subdivision in Phase 3 and those
criteria would be discussed later in the conversation. He noted key physical features would
provide connections to the open space areas and provide pedestrian connectivity. He noted there
had been discussions regarding the100 acre regional park to be part of the dedicated parkland
requirements but the decision had been made to disallow those credits to be counted as part of
the subdivision. He noted there were a number of relaxations granted in 2001 and a couple of
those requests were part of these applications and would be part of the discussion for both in his
presentation.
Planner Skelton noted the site was formerly known as Baxter Meadows Phase 3 B, which would
be repeatedly referenced in his presentation as The Knoll at Baxter West. He noted adjacent
properties and their current uses. He noted the 10-acre park was located to the southeast of the
subject site. He noted the proposal was in keeping with the Bozeman Community Plan. He
noted the preliminary plat for Phase 3A had been filed and approved but Phase 3B had since
expired. He noted the Variances that were being requested included block length and block
width, in addition to amendments to the planned unit development for the rearrangement of the
street network, orientation of blocks and removal of the originally proposed alley loaded lots.
He noted the improvements to Harper Puckett Road would be necessary with development of the
site and the extension of the local street, Kimberwicke Street would improve the areas
transportation network while easily extending existing infrastructure from Phase 3A. He noted
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the subject property had historically been agriculturally used and there were no significant
features though the Border Baxter Ditch was located immediately to east of the site that was part
of existing open space and trail corridor. He noted the applicant proposed to enhance the open
space and trail corridor. He noted that while it was not a significant feature or outcropping, there
was a substantial topographical change in grade on the site. He noted part of the applicant’s
proposal was to implement a new stream and creek enhancement program. He noted many of the
streams were originally stream ditches for farming purposes and with the continued cleaning of
the waterways steep banks have caused erosion of the banks. He directed the Board to an exhibit
of the landscape plan along the watercourse/open space corridor; the plan being to maintain the
meandering watercourse and providing a trail network with linkage points to the corridor that
would complete the trail network systems to the east and west.
Planner Skelton noted that when the proposal was first reviewed by the City Commission, 6 acres
was to have been dedicated and the subdivision was granted relaxations for the water course
setback to be credited as dedicated parkland in concert with improvements to the watercourse
wetlands and habitat. He stated the conditions imposed on the 10-acre park had been noted and
that the Parks Department considers it to beone of the better maintained parks in this part of the
community. He noted that the applicant is requesting use of a part of the available dedicated
parkland which had also been envisioned in 2006. He noted Staff and the advisory bodies were
supportive of the applicant’s proposal and the parkland credits requested if the applicant
participated in their fair share of maintaining and upkeep of said public parkland/public open
space areas and trails.
Planner Skelton noted Staff was comfortable with the amendments to the revised street and block
orientation, and removal of alley loaded lots. He noted Staff is hearing from realtors and brokers
that it was difficult to market and sell alley loaded lots; finding that the smaller the lot, the more
difficult to develop. He noted there was not a regulatory standard in the municipal code that
required alley loaded lots, although the comprehensive plan encourages them. He noted Staff
had reviewed four variations of the revised trail system with the Recreation Parks and Advisory
Board and Gallatin Valley Land Trust which resulted in wider the boulevard along the east side
of the street with the inclusion of landscaping and seating area to provide a key north/south trial
to also connect to the east/west trail network. He directed the Board to an exhibit of the
streetscape and the proposed trail linkage. He noted the trail corridor that ran east to west was
also a mid block crossing to reduce the length of the blocks identified in the application and Staff
was supportive of the variances for block length.
Planner Skelton stated that Kevin Mackenzie had provided public comment that he was
concerned with the requested variances for the subdivision. He noted that the applicant was
supportive of completing the required infrastructure and is in agreement with maintenance of all
public parks, open spaces and trails in ration to their fair share of those items.
Trina Wolf introduced herself as the applicant and stated Planner Skelton had pretty much
covered everything. She noted she had started Fluidyne and had worked for Gene Cook while
being in development since 1999. She noted they had seen an opportunity to buy 38 lots from
Baxter Meadows Phase 3A and had done so; they planted 150 trees, installed irrigation, and
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supplied irrigation to areas that had not been completed. She stated that despite the original plat
being expired, they would like to remain a part of the community and the residents had worked
hard to turn the project from in the red to in the black. She stated the eroding stream would be
taken care of, the trail would be enhanced along the creek and was a major connection to the 100-
acre park. She stated her son wanted to say something during public comment.
Ryun Wolf stated his family built good parks and his mom made him work so he was willing to
show them the trees he had planted in Baxter Meadows Phase 3A. He presented the Board with
photos of the trees he had helped plat.
Dave Crawford, TD&H Engineering, stated Planner Skelton had pretty much covered everything
and he would address the Variances they were requesting. He apologized if the application was
not clear and clarified that Harper Puckett Road was to be improved to an arterial standard which
had been agreed upon by the City of Bozeman Engineering Department. Mr. Crawford directed
the Board to a rendering of the originally approved layout of the subdivision and noted that what
had happened had been that the topography included a ridge that was over 20 feet higher than the
lowest elevation on the site. He noted the original master plan had always shown longer than
standard block lengths due to existing conditions on the site including an existing diary building
to the north of the site; the street was already partially built and they would just be extending
those connections. He noted as Planner Skelton had mentioned, the open space corridor going
from east to west would create a nice visual and landscape break and would lend themselves to
the approval of the Variances. He stated he was available for any questions the Board might
have.
President McSpadden opened the item for public comment.
Teri Ball, 2278 Riatta Rd., addressed the Board. She stated she had come to ask questions and
make suggestions. She noted that she had seen a lot of impact fees were being paid by the
subdivision and a lot of traffic would be generated to the site while Baxter Lane from the post
office to Davis Lane was not in good condition; she suggested Baxter Lane should be improved
and the intersection to Davis Lane should be repaired as they did not properly meet. She
suggested due to the school’s proximity her suggestions should be investigated. She stated she
was supportive of the parks in the new neighborhood and the 10-acre park, but they would like to
see some of the dues reduced by inclusion of a new section of neighborhood. She noted they
were effectively double taxed on parks. She stated there was one section of Harper Puckett Road
that would complete the connection and currently included a lot of pock marks of the road and
the HOA could not do anything about it. She noted that a section of Equestrian had also never
been completed and suggested it should be included as well. She stated she was supportive of
the development; they just wanted some help on the smaller aspects such as street improvements.
She noted she would forward a letter to the City Commission as she was unable to attend the
meeting.
Kevin McKenzie, 4651 Danube Lane, stated he agreed with Ms. Ball’s comments regarding the
stretch of Baxter Lane that meandered and did not properly connect to Davis Lane as well as her
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comments regarding the school. He stated no findings of fact had been provided in support of a
hardship for development of the property with the requested Variances and he felt no one present
had the authority to approve those requests. He stated the improvements to the site had not been
completed and had never been done so he had questions with regard to whether or not the subject
site would be completed. He stated no timeline had been identified and he thought that needed to
be clarified up front or with the development of the first phase.
Dave Crawford, TD&H Engineering, addressed comments from the public. He responded that he
felt Baxter Lane from the post office to Davis Lane did need to be improved, but this subdivision
had done a lot with regard to street improvements. He noted there were other subdivisions being
proposed that would carry a lot of the burden of intervening street improvements though the
project would do its share to contribute to those costs. He noted the Harper Puckett
improvements included the completion of the little extension of Equestrian Lane and asked Ms.
Wolf for her confirmation. Ms. Wolf confirmed they would complete Equestrian Lane in that
location. Mr. Crawford stated he had spoken to Mr. Mackenzie’s questions earlier, but the
prospective was that when the PUD had been proposed, it had been proposed to be more than a
standard subdivision with give and take from both the City and the developer; the open space
was way more than would have been given in a standard subdivision. He noted the applicant was
not asked for anything other than what had originally been approved and were just bringing up
the existing parkland/open space areas.
Mr. Taylor stated he had noticed the light polls being depicted at twenty feet high and asked if
they were more than the minimum requirements while still meeting the code; he added he would
like to see less lights and the minimum be met in all cases. He noted 20 feet wasn’t bad and he
was supportive of the lighting but was supportive of always providing the minimums. Mr.
Crawford directed the Board to the lighting section of the preliminary plat application and
indicated they had attempted to do the minimum allowed instead of the maximum. Planner
Skelton noted that the proposed lighting information provided in the application did comply with
the requirements, but was unable to confirm if the minimum standard was being provided. Mr.
Taylor asked Mr. Crawford to show the rendering of the old version side by side with the current
proposal and asked the location of the ridge topography that made the parallel streets work better
than cross streets. Mr. Crawford presented the rendering and responded that Ms. Wolf’s partner
had indicated it made no sense to go against the ridge while the streets could run parallel and not
be as steep. Mr. Taylor asked for the rendering of the green space corridor and whether or not he
would get hit jogging down the pathway at some of those intersections. Mr. Crawford responded
good vision triangles would be incorporated but there would be normal risk just like the
intersections in his neighborhood. Ms. Wolf added that the idea was to provide major pedestrian
roots with somewhat minor pedestrian roots and she thought Mr. Taylor would prefer to jog
along the major pedestrian root as it was wider and more amenable to be in.
Mr. Neubauer stated that both members of the public that had commented had been concerned
with the section of Baxter Lane between the post office and Davis Lane. He noted he had driven
through that area and had noted that Harper Puckett and Davis Lane were being brought up to a
standard that Baxter Lane could not match; he noted the section was still within the County
jurisdiction and asked the tipping point when that would be addressed. Assistant Director
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Saunders responded the section of road was on the Capital Improvements Program list, but had
not been scheduled as other projects, such as the widening of College Street and Kagy Boulevard,
had been of a higher priority; he added there were restrictions to how the City could handle
county road improvements. He added there was no way to predict when those improvements
would be completed but the City Commission reviewed and updated the CIP list once per year
which would provide an opportunity for the community to make suggestions for improvements.
Mr. Neubauer noted that it seemed the County would want to contribute to those improvements.
Vice President Garberg asked if an SID had been considered or was even an option. Assistant
Director Saunders noted an SID was one option but would not likely fund the entirety and other
funding sources could be investigated as well.
MOTION: Vice President Garberg moved, Mr. Neubauer seconded, that having heard and
considered public comment, to hereby adopt the findings presented in the staff report for P-12014
and to forward a recommendation of approval to the City Commission for the requested
variances to the following sections of Chapter 38 of the Bozeman Municipal Code: 1) Section
38.23.040.B “Block Length” (to exceed the maximum block length of 400 feet for Blocks 9, 10,
11, 14 and Block 18): and 2) Section 38.23.040.C “Block Width” (to allow block widths to be
less than 200 feet or more than 400 feet in width for Blocks 9, 14, and 18).
Vice President Garberg noted that there was strong case for the Variances requested per the
review criteria as set forth in the ordinance and outlined in the Staff Report.
President McSpadden added that hardships like topography also needed to be considered and the
applicant’s proposed orientation helped mitigate those issues.
The motion carried 5-0. Those voting aye being Vice President Garberg, President
McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none.
Mr. Neubauer noted he thought the section of Baxter Lane mentioned in public comment should
be considered. Mr. Taylor suggested Mr. Neubauer could specifically amend the recommended
motion to address his concerns with regard to Baxter Lane improvements.
Vice President Garberg suggested Mr. Neubauer could also dictate his own motion using his own
language. President McSpadden suggested the Board form a motion and move into discussion.
Mr. Neubauer suggested he could also attend the City Commission hearing and voice his
opinions at that time.
MOTION: Vice President Garberg moved, Mr. Carson seconded, that having heard and
considered public comment, to hereby adopt the findings presented in the staff report for P-12014
and to forward a recommendation of approval to the City Commission for the preliminary plat
application for The Knoll at Baxter West Subdivision requested in application P-12014
authorizing subdivision of 26.314 acres into 65 residential, single household lots with the
remaining area to be designated as common open spaces, public trails, and streets subject to the
conditions listed on page 3-6 of the Staff report with the recommended amendment to condition
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#4 as presented by the Planning Staff.
Mr. Garberg noted that there had already been review of the subdivision and the applicant was
working within defined parameters. He noted Baxter Lane improvements were not of concern to
him at this time.
Mr. Taylor added that he did not think the application should be denied because they were not
improving Baxter Lane and all these improvements needed funding in the most feasible ways.
He noted it was becoming clearer and clearer that improvements would need to be completed in
that direction and noted the point had been heard.
The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. 2. Major Subdivision Preliminary Plat - #P-12017 (The Crossing @ Baxter Meadows Phases 4B
– 4I) – A Major Subdivision Preliminary Plat Application requested by the property owner, Bank
of Bozeman, P.O. Box 10070, Bozeman, MT 59719, applicant, Holyoke II, LLC, 504 S. Willson
Ave., Bozeman, MT 59715, and representatives, TD&H Engineering, 234 E. Babcock St., Ste. 3,
Bozeman, MT 59715 and Intrinsik Architecture, 111 N. Tracy Ave., Bozeman, MT 59715,
requesting to allow the subdivision of 36.94 acres into 95 single-family lots and one multi-family
lot including requested Variances to block length and block width for property legally described
as a Lot R-1 of Amended Plat J-485A located in the NE ¼ of Section 3, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana and is generally located directly southwest of the
intersection between Davis Lane and Baxter Lane. (CONTINUED FROM 2/19/13) (Skelton)
President McSpadden noted that the item had been opened and continued from the February 19,
2013 meeting of the Planning Board. Senior Planner David Skelton presented the Staff Report
noting the location of the site and that is was west of the previous site. He noted Davis Lane and
Baxter Lane were key components of the city’s transportation system and that the original
preliminary plat approval had expired. He noted that many of the perimeter streets and
substantial infrastructure improvements had already been completed for this phase of Baxter
Meadows. He noted it was a multi-phase development that would basically be built a block at a
time due to development happening at a slower pace in the community. He stated all the local
streets would be constructed to City standards and added that the application also included
Variances requested for block lengths. He noted that the proposal had been modified after the
first week of DRC review to include a multi-household lot in conjunction with 95 single-
household lots. He noted there had been agricultural uses on the site historically and there were
no physical features other than the Spring Ditch watercourse which was one of the many
tributaries of the Farmer’s Canal.
Planner Skelton stated there were no alterations proposed to the existing watercourse and
wetlands; he added there was a slope to the stream bank that may affect the storm water facilities,
but no substantial grades on the remainder of the site. He stated that 3.5755 acres of dedicated
parkland were required and Staff was supportive of crediting dedicated parkland to the
subdivision. He stated if the multi-household lot was developed as a commercial use (i.e.,
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private school, church, day care) there would be no parkland required. He noted that if both
preliminary plats moved forward with filing and build out, there would still be a balance of credit
from the 10-acre park. He stated the advisory bodies were supportive of the proposal with Staff
conditions contingent on the participation of the subdivision for upkeep and maintenance of the
public parks, trails and open spaces based on their fair shares. He added that if the condition of
approval did not work between the two applicants involved and the Baxter Meadows property
owner’s association, they could return to the Planning Board and City Commission to consider
amendments to the condition of approval. He noted the condition was written to give the
developers and Baxter Meadows property owner’s association the opportunity for a reasonable
maintenance and upkeep formula that worked for all parties involved. He noted no public
comment had been received with exception of letter from the President of the subdivision
Association and Staff was supportive of the proposal with Staff contingencies.
Planner Skelton stated the need to loop parts of the infrastructure through the site with the filing
of phase 4A that determined much of the street and block layout for this preliminary plat
application. He stated most blocks would not have mid-block crossings as they are less than 600
feet long, but Blocks 7 and 8 would likely still provide a good pedestrian connection. He stated a
similar design had been reviewed and approved with Variances in 2007 with those entitlements
having expired. However, he stated Staff was supportive of the proposal with the requested
Variances based on the shape of the southern region of the site and the physical limitations
established with the existing Spring Ditch watercourse.
President McSpadden noted that condition #9 was the one addressing maintenance of the public
areas instead of condition #10 as Planner Skelton had referenced.
Mr. Taylor asked what would happen when the parkland ran out. Planner Skelton responded that
there was the option of cash in lieu of dedicated parkland. Mr. Taylor responded there was
certain logic to allowing parkland adjacent to the subject site, but the park for the The Crossing
was getting credit for was a large distance away. Planner Skelton responded that part of the
challenge was implementing the greater vision for a continuation of pedestrian connectivity and
open space corridors throughout the entire Baxter Meadows Subdivision that would connect a
series of public parks; noting that the Regional Park could be considered part of that. The
purpose of identifying the remaining balance of available parkland credits was to put future
phases of the major subdivision on notice that additional public parks would have to be dedicated
to the north as depicted on the open space and parks master plan, again noting there was a
balance remaining that was running out. Mr. Taylor clarified that the park land credits were
granted on a first come, first serve basis. Planner Skelton responded that Mr. Taylor couldn’t
have put it more clearly.
Susan Riggs, Intrinsik Architecture, addressed the Board. She stated the subdivision was a
victim of the economic downturn. She noted many different potential layouts had been
investigated, but there were constraints that were not only the water/sewer, but the existing
infrastructure and existing homes. She noted there was no chance for extension of the streets
through the regional park. She stated the street lights had been approached to meet the minimum
standards and noted those locations; she added the lights had been proposed to match the street
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standards. She stated the applicant was agreeable to the conditions of approval as outlined in the
Staff Report.
President McSpadden opened the item for public comment.
Teri Ball, 2278 Riatta Road, stated the big concern for Baxter Meadows was the loss of park
space especially with regard to the apartment complex being installed in the subdivision as they
subdivision paid for the maintenance of those parks; she added they would need funding to
accommodate more people and the maintenance of the parks.
Seeing no more public comment forthcoming, the public comment period was closed.
MOTION: Mr. Neubauer moved, Mr. Fruh seconded, that having heard and considered public
comment, to hereby adopt the findings presented in the staff report for P-12017 and to forward a
recommendation of approval to the City Commission for the requested variances to the following
sections of Chapter 38 of the Bozeman Municipal Code: Approval for 1) Section 38.23.040.B
“Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and
Block 10, and 2) Section 38.23.040.C “Block Width” to allow block widths to be less than 200
feet or more than 400 feet in width for Blocks 2, 8, 9 and 10.
Mr. Taylor noted the conditions had been included as written due to the strange shape of the
subdivision, the existing watercourse on the site, and the infrastructure improvements that had
already been completed and he was supportive of the proposal with the requested variances.
President McSpadden clarified that, for the record, the same Variances as being requested had
been approved for the original subdivision. Planner Skelton confirmed that, for the record, the
Variances had been previously approved.
The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none.
MOTION: Vice President Garberg moved, Mr. Carson seconded, to forward a recommendation
of approval to the City Commission for Major Subdivision Preliminary Plat - #P-12017 with Staff
contingencies as amended and as outlined in the Staff Report.
Mr. Taylor suggested the motion be amended to provide more clarity for the City Commission
and suggested the following language.
AMENDED MOTION: Mr. Carson moved, Vice President Garberg seconded, that having
heard and considered public comment, to hereby adopt the findings presented in the staff report
for P-12017 and to forward a recommendation of approval to the City Commission for the
preliminary plat application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I
requested in application P-12017 authorizing the subdivision of 36.94 acres into 95 residential,
single household lots, one residential, multi-household lot, with the remaining area to be
designated as common open spaces, public trails, and streets subject to the conditions listed on
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page 3-7 of the Staff report with the recommended amendments to condition #7 and #8 as
presented by the Planning Staff.
President McSpadden noted that condition of approval #9 referenced the condition of approval
regarding the maintenance of public areas with regard to the HOA and that the previous
application contained the same condition of approval.
The amended motion carried 5-0. Those voting aye being Vice President Garberg,
President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being
none.
ITEM 5. NEW BUSINESS
Assistant Director Saunders noted the new planning software would be present at the March 19,
2013 meeting of the Planning Board. Vice President Garberg asked if the public would be
invited to participate. Assistant Director Saunders suggested the members could invite anyone to
attend the meeting as it would be more informal and conducted more like a work session. Mr.
Taylor responded that he was working on a couple people to see if they wanted to attend.
President McSpadden thanked Assistant Director Saunders for coordinating the presentation.
President McSpadden added that the Zoning Commission did not have a quorum of members and
urged the Board to recruit new members.
ITEM 6. ADJOURNMENT
Seeing there was no further business before the Planning Board, President McSpadden adjourned
the meeting at 8:16 p.m.
Trever McSpadden, President Chris Saunders, Assistant Planning Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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