HomeMy WebLinkAboutThe Knoll at Baxter West Preliminary Plat Application P-120141
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner Steve Worthington, Community Development Director
SUBJECT: The Knoll at Baxter West Subdivision
Preliminary Plat Application #P-12014
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 Knoll at Baxter West Subdivision, planning application #P-
12014, with said conditions listed in Planning Board Resolution #P-12014. 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-12014.
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-12014 and move to approve 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 18, and 2) 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.”
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-12014 and move to approve the preliminary plat application for The Knoll at Baxter West Subdivision requested in application #P-12014 authorizing to subdivide 26.314 acres and create 65 residential, single household lots and the remaining area as
open spaces, trails and streets subject to the conditions, as listed in Planning Board Resolution #P-
12014.”
BACKGROUND: BMW, LLC, and representative TD&H Engineering have submitted a Major
Subdivision Preliminary Plat application to subdivide 26.314 acres and create 65 residential, single
household lots and the remaining areas as common open spaces, trails and streets. The subject property
is annexed with a zoning designation of R-1 (Residential Single-Household Low Density District) and is located northeast of the intersection of Baxter Lane and Harper Puckett Road, north of Baxter Meadows
Commission Memorandum
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Subdivision, Phase 3B and west of the Chief Joseph Middle School. The Development Review
Committee (DRC) provided a recommendation of conditional approval on February 20, 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 variances to Section 38.23.040.B and Section 38.23.040.B, BMC. Public comment was received from three members of the general public regarding street improvements, requested variances, impact fees, parkland improvements
and maintenance and upkeep of existing parks in Baxter Meadows Subdivision. The applicant 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 2006. 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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#P-12014 The Knoll at Baxter West Subdivision – Staff Report 1
Planning Board & City Commission Staff Report for The Knoll at Baxter West Preliminary Plat Application File #P-12014
Item: A Subdivision Preliminary Plat Application, Planning Application #P-12014 to subdivide
26.314 acres and create 65 residential, single household lots and the remaining area as common open
space, public trails and streets, located northeast of the intersection of Baxter Lane and Harper Puckett
Road.
Owner:
BMW LLC
235 Greenhills Ranch Road
Bozeman, MT 59715
Applicant:
TD&H Engineering
234 E Babcock Street, Suite 3
Bozeman, MT 59715
Representatives:
TD&H Engineering
234 E. Babcock Street, Suite 3
Bozeman, MT 59715
Trina Wolf
235 Greenhills Ranch Road
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, 2013 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 variances to the Unified Development Code, BMC 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.
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-12014 and move to approve 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 18, and 2) 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.” 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-12014 and move to approve the preliminary plat application for The Knoll
at Baxter West Subdivision requested in application #P-12014 authorizing to subdivide 26.314 acres and create 65 residential, single household lots and the remaining area as open spaces, trails and streets subject to the conditions, as listed in Planning Board Resolution #P-12014.” _________________________________________________________________________________
Project Location The subject property is located northeast of the intersection of Baxter Lane and Harper Puckett Road,
situated north of Baxter Meadows Subdivision, Phase 3A, and approximately one-quarter mile west of
the Chief Joseph Middle School. The property in question 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), located in the SW¼ of Section 34, Township 1 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-1, (Residential, Single-Household Low Density District). Please refer to the
vicinity map provided below.
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#P-12014 The Knoll at Baxter West Subdivision, Preliminary Plat - Staff Report 3
Proposal
BMW, LLC, represented by TD&H Engineering, has submitted a Major Subdivision Preliminary Plat application to subdivide 26.314 acres and create 65 residential, single household lots and the remaining
areas as common open space, public trails and streets.
The subject property being considered with this preliminary plat application is currently vacant,
undeveloped land and is situated north of Baxter Meadows Subdivision, Phase 3A. Physical features are limited to the Border-Baxter Ditch watercourse and associated wetland that runs south to the north and parallels the east boundary of the preliminary plat application. The watercourse is identified by
the Montana Department of Fish, Wildlife and Parks as a stream. Mature vegetation for the site is
limited to random clusters of bushes, shrubs and native grasses associated with the watercourse.
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 and 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.
Recommended Conditions of Approval
Pursuant to Section 38.03.040 of the City of Bozeman Unified Development Code (UDC), the Planning Board shall review the preliminary plat request 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 public hearing. Planning Board Resolution #P-12014 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
that the application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. On February 20, 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 Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application shall include 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
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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 review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions
in the Findings of Fact and Order have been satisfactorily addressed, and shall include a digital
copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the
existing Baxter Meadows West Homeowners Association for said major subdivision.
4. 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 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 West Subdivision”.
5. The property owner’s association documents shall comply with Section 38.21.060.C, BMC and
include a provision requiring a 25-foot yard setback from Harper Puckett Road and that the setback is inclusive of the common open space area.
6. Lots located along Harper Puckett Road shall have a 20-foot rear yard setback measured from the
property line of each lot.
7. 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.
8. 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).
9. The applicant shall provide a minimum of 1.95 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 65 single household residential lots
at 0.03 acres per dwelling of dedicated parkland.
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10. 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.
11. Class II type trails located in a 30-foot wide public access easement will be constructed in the
common open space areas for Block 9-12 and Blocks 14, 18 and 19. 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.
12. 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.
13. 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.
14. The lots situated along the Harper Puckett Road 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
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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.
15. The 50-foot wide watercourse setback for the 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 prior to final plat approval.
16. The final plat shall clearly identify and reference the west half of Block 18 (i.e., Lots 1-8) as being
a part of the major subdivision.
17. 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.
18. 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.
19. All improvements needed to provide adequate level of service for the analyzed intersections must
be installed or financially guaranteed prior to final plat approval, and must be installed and accepted prior to issuance of a building permit. 20. The east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial standard as
shown in the Transportation Plan along the entire frontage of the subdivision. The required right-
of-way dedication for Harper Puckett is 60 feet. The applicant shall provide payment of the
estimated cost of topsoil, seed, and irrigation of one half of the future median of Harper Puckett Road along the frontage of the subdivision. 21. The sidewalks adjacent to Harper Puckett shall be 6’wide, and shall be installed at the time the
street improvements are done.
22. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Harper Puckett Road.
23. The water main in Kimberwicke shall be extended to the center median in Harper Puckett Road for future looping purposes. 24. The COB design standards require a minimum of 6” crushed base course. The local street sections
in the geotechnical report only calls for 5”. Revise accordingly.
Background
Baxter Meadows Subdivision, Phase 3 is a major subdivision receiving preliminary plat approval by the City Commission in February of 2006 to subdivide approximately 83 acres and create 129-150 single-household lots. The basic preliminary plat layout included approximately 129 lots (ranging in
size from ~ 8,700 to ~ 19,000 square feet), and did not provide any RSL lots which were intended to be
met by lots previously platted in Phases 1 and 2. An alternative plat layout was provided that shows
the required number of RSL lots which could increase the number of total lots up to approximately150, if the required number of RSL lots cannot be met by Phases 1 and 2. The third alternative plat layout illustrated how the northeast corner of the plat would be amended to accommodate the proposed Chief
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Joseph middle school site.
Baxter Meadows Subdivision, Phase 3A was filed on November 9, 2006 to subdivide approximately 52 acres and create 75 single-household residential lots. A one-year extension of preliminary plat approval for the remainder of the Baxter Meadows Subdivision (i.e., Baxter Meadows Subdivision,
Phase 3B) expired on February 6, 2010. As a result, the applicant has submitted a new preliminary
plat application to develop the balance of the remaining lands situated in Baxter Meadows Subdivision,
Phase 3 and is now referenced as The Knoll at Baxter West Subdivision (formerly Baxter Meadows Subdivision, Phase 3B).
A complete preliminary plat application to subdivide 26.314 acres and create 65 residential single
family lots and the remaining areas as common open space, trails and streets was submitted to the
Planning Department on January 17, 2013 and deemed acceptable for review on January 24, 2013.
Zoning Designation & Land Uses
The subject property is zoned R-1 (Residential Single-Household Low Density District). The intent of the R-1 District “is to provide for primarily single-household residential development and related uses
within the city at urban densities, and to provide for such community facilities and services as will
serve the area's residents while respecting the residential character and quality of the area.”
The subject property is currently vacant and defined by the Kingma dairy farm on the north, Baxter Meadows Subdivision, Phase 3A on the south and east, and Harper Puckett Road on the west. The following land uses and zoning are adjacent to the subject property:
North: Kingma Dairy Farm under Gallatin Country Jurisdiction zoned AS (Agricultural Suburban
District).
South: Baxter Meadows Subdivision, Phase 3A zoned R-1, (Residential Single-Household Low Density District).
East: Baxter Meadows Subdivision, Phase 3A zoned R-1, (Residential Single-Household Low Density
District).
West: Agricultural lands under Gallatin County Jurisdiction zoned AS (Agricultural Suburban
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
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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 May 29, 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 2005. A digital copy of the supplemental information provided in 2005 is included in the applicant’s preliminary plat application. Planning Departments offers the following
summary comments on supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no surface water resources found within the subdivision boundaries of the preliminary plat
application. The Border-Baxter Ditch watercourse lies immediately to the east in Baxter Meadows Subdivision, Phase 3A and originates south of Bozeman as a tributary of the farmers canal system. The
Montana Department of Fish, Wildlife and Parks designate the Border-Baxter Ditch as a stream with
associated wetlands. As a result, any activity within the identified watercourse and/or wetlands area
will require applicable Section 310 and 404 Permits. The Department commented on this development
noting the subdivision should have negligible effects to wildlife and wildlife habitat, but identified measures for future development to protect raptor nesting and perching stands in the area. The
Department emphasized concerns with avoiding the disturbance of existing riparian or wetland
vegetation, pollutants from storm water runoff, and localized stream disturbances during construction
(see attached letter dated February 12, 2013 – Attachment “A”).
Based on the potential of pollutants from storm water runoff, the Planning Department is recommending condition #15 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 Border-Baxter Ditch watercourse presently functions as an integral element of an open space linear corridor and public trail system for the greater Baxter Meadows Subdivision. As part of a
stream enhancement plan the applicant proposes with this preliminary plat application to improve the
current conditions of public trail and open space corridor, stabilize sections of the steep slopes of the
Border Baxter Ditch watercourse and create a more sinuous meandering of the existing water feature.
The applicant’s preliminary plat application includes a letter from representatives of the Baxter Meadows West homeowner’s association in support of the stream restoration and open space
improvements (see Section 10 of the applicant’s preliminary plat submittal).
To reduce the steep slopes of the watercourse banks the applicant has requested administrative relief
from Section 38.23.100.A.2.b to maintain the current 50-foot watercourse setback for the watercourse,
but that the setback not be taken from the ordinary high water mark as defined in Section 38.42.2200. As noted above, the applicant is proposing to implement a stream enhancement plan that will improve
sections of the watercourse that are in serve condition as illustrated in the applicant’s submittal (see
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exhibits provided in Section 13 of the submittal). This will require lowering the steep banks along the
watercourse and removing the existing high water mark, which will improve erosion conditions while reducing the degradation of the riparian habitat along the watercourse. With removal of the ordinary high water mark the applicant will still comply with the required setbacks by taking the measurement
from the top of the new stream bank as outlined in Section 38.23.100.A.2.c(5), BMC. Finding that this
proposal is a significant improvement to the existing conditions of the stream corridor, and further
finding that the restoration program will improve the safety and welfare for residents, their guests and the general public that will use the corridor, the Planning Department, RPAB, and GVLT are in support of the applicant’s request to remove the existing high water mark. The streambed is under the
jurisdiction of the Soil Conservation Service (Montana Natural Streambed and Land Preservation Act
– 310 Permit) and associated 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 as part of the subdivider’s stream restoration plans.
38.41.060.A.2 Floodplains
With the preliminary plat application for Baxter Meadows Subdivision, Phase 3 in 2006 a floodplain
study for the Border-Baxter Ditch was not required according to the Flood Insurance Rate Maps
(FIRM) as the entire site lies in Zone X, and outside the 500 year flood plain. In accordance with Article 31, BMC “Floodplain Regulations” of the Unified Development Code the subdivider shall: 1) demonstrate to the satisfaction of the city engineering department that the 100-year peak runoff of the
watercourse will not affect the subdivision; or 2) delineate the existing and proposed 100-year flood
limits of the stream or streams within 1,000 feet of the proposed subdivision and specify any
mitigation that may be required to protect the proposed subdivision and adjacent properties from potential flooding and erosion damage due to any proposed changes within the delineated flood limits. 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.
38.41.060.A.3 Groundwater
Groundwater in the area of this preliminary plat application was discussed in the applicant’s narrative and is based on the information provided for the entire Baxter Meadows Subdivision Planned Unit
Development in 2000-2001. The monitoring wells in the area proposed for subdivision and
development of The Knoll at Baxter West Subdivision measured static water levels between 6 to 14
feet of the surface. The depths are predominately a result of the topography of the site that is situated at a higher elevation than most of the water features in the area. Nonetheless those residential lots in proximity to the Border-Baxter Ditch and associated wetlands (i.e., Phase 1) could experience potential
impacts with construction of basements. As a result, the Planning Department recommends with
condition #17 a notation be provided on the final plat and in the protective covenants stating there is
the potential for seasonal high ground water within the area of the subdivision. 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 6% to 7% from east to west, as a
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result of the topographical grade of the site.
The principal soil types identified by the Department of Natural Resources Conservation Service in the area of the subdivision involve six general soil types: Enbar Loam (509B), which has hydric components, Amsterdam Silt Loam (53B), Blackdog Silt Loam (50B), Amsterdam-Quagle Silt Loam
(453C), Quagle-Brodky Silt Loam (451C), and Turner Loam (457A); all of which have moderate to
severe limitations for building and development. 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
With exception to a limited cluster of tress further to the south in Baxter Meadows Subdivision, Phase
3A, no significant levels of mature vegetation (trees and large bushes) exist on the site in question, due to the agricultural history of the property. A limited number of smaller shrubs and bushes associated with the Border-Baxter Ditch along the east side of the proposed subdivision do however exist. 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. As noted previously the Department has identified measures for future
development to protect raptor nesting and perching stands in the area, which do not exist on the site
being considered with this preliminary plat application. As the historical use of the property has been
for agricultural activity, the existing vegetation and associated wetlands has provided limited cover for a range of smaller animals and water fowl. These areas are primarily designated along the watercourse and associated wetlands of the Border-Baxter Ditch, which will be protected as part of the stream
enhancement plan and improvements to the existing corridor.
38.41.060.A.7 Historical Features
Damon Murdo of the State Historic Preservation Office commented on August 7, 2012 that one recorded cultural resource site has been identified within one mile of the proposed subdivision. While no other sites have been identified in the area, Mr. Murdo recommends that any structure to be altered
that is over fifty years old should be recorded and a determination of their eligibility be made (see Mr.
Murdo’s letter in Section 8 of the applicant’s submittal).
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 3A and surrounding phases of the major subdivision 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.
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38.41.060.A.10 Water and Sewer
The development of Baxter Meadows Subdivision, Phase 3A required the extension of municipal water
and sanitary sewer mains to the boundaries of the proposed major subdivision. Water and sanitary
sewer mains for The Knoll at Baxter West (formerly Baxter Meadows Subdivision, Phase 3B) have
been sized and placed accordingly with development of Phase 3A to accommodate development of this
next phase of Baxter Meadows Subdivision. 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 3 was approved with the filing of the final plat for Phase 3A in November of 2006. 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 property owner’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) feet from any watercourse high water mark. Placement and design of the facilities will be approved by both the City
Engineer’s Office and Planning Office. Because of changes in topography the Planning Department is
recommending condition #15 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; one principal arterial street
along the west to be constructed with this subdivision, Harper Puckett Road, existing local street along
the south, Equestrian Lane, and the extension of the local street, Kimberwicke Street from the east. Construction of Harper Puckett Road and Kimberwicke Street will provide a key link for the area’s
transportation network and Chief Joseph middle school to the east. The City Engineer’s Office is
requiring with condition #20 that the east half of a 5-lane principal arterial standard for Harper Puckett
Road be constructed along the entire frontage of the subdivision within a 60-foot wide dedicated right-
of-way. As only the east half of the principal arterial road is being constructed with this subdivision, the condition also recommends that the applicant provide payment of the estimated cost of topsoil,
seed, and irrigation of one half of the future median of Harper Puckett Road. All interior local streets
will be constructed to City standards within in 60’ rights-of-way with curb, gutter and sidewalks on
both sides.
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
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9, 14, and 18. Review of the requested variances and staff’s findings are discussed on pages 23-24 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 have been solicited of the Bozeman School District #7 and no response has been
received by the Planning Department as of this writing.
38.41.060.A.15 Land Use
The proposal includes the subdivision of 26.314 acres to create 65 residential, single household lots 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 principle arterial road, Harper Puckett Road, staff is
recommending condition #14 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 arterial 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 arterial road.
The subdivider proposes to change the orientation of the blocks and street alignment from the original
preliminary plat approval granted in 2006 preferring an east/west orientation for the majority of the residential lots. The intent is to improve the view sheds of the Bridger Mountains range for future
residents while placing the individual lots along a logical orientation created by the topography of the
knoll that currently bisects the site from south to north.
The new orientation also requires an adjustment to the proposed trail network approved for Baxter
Meadows Subdivision, Phase 3 (see landscape plan L1.2 in Section 13 of the applicant’s submittal). With the new preliminary plat application, the trail corridor that originally bisected the subdivision, is
replaced by a 10-foot wide boulevard on the east side of Ryun Lane that includes a meandering
sidewalk and connects with a mid-block open space and public trail corridor. This mid-block corridor
offers an east/west connection with the Border-Baxter Ditch linear open space corridor to the east and
the Harper Puckett Road principle arterial road to the west. After considering alternative designs and visiting the site being considered with this preliminary plat application, the RPAB, GVLT and Parks
Department have determined that the reorientation of the trail network would still achieve the needed
connectivity and alternative routes for residents of the subdivision.
38.41.060.A.16 Parks and Recreation Facilities
Based on 65 dwelling units at 0.03 acres of dedicated parkland per dwelling unit, approximately 1.95 acres of dedicated parkland is required with this major subdivision. No dedicated parkland is being
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provided within the boundaries of this subdivision. In-lieu of providing dedicated parkland, the
applicant has requested use of excess dedicated parkland credits remaining for the Baxter Meadows Subdivision, Phase 3 finding that The Knoll at Baxter West was part of the original proposal as Phase 3B of the subdivision. Preliminary plat approval of Baxter Meadows Subdivision, Phase 3 in 2006
required approximately 4.5 acres of dedicated parkland for 150 residential single-family lots that
included both Phase 3A and 3B. The park master plan depicted approximately 10.0 acres of park land
(commonly referred to as the 10-acre park) to be dedicated to the City of Bozeman, of which ~ 6 acres qualified as park land.
With preliminary plat approval in 2006 the applicant was granted a relaxation to Section 18.50.070 of
the Bozeman Unified Ordinance to allow the watercourse setback along the relocated portion of the
Baxter-Border Ditch to be used to satisfy park land dedication requirements. Furthermore, the
applicant was granted a waiver of park dedication requirements pursuant to Section 18.50.100.A of the Bozeman Unified Development Ordinance to allow natural resources/critical wildlife habitat (stream and wetlands) to also meet the parkland requirements for this subdivision. As a result, approximately
11.4 acres of potential lands was dedicated as public parklands with the filing of Baxter Meadows
Subdivision, Phase 3A. In addition, the applicant notes that with the development of The Knoll at
Baxter West (formerly Baxter Meadows Subdivision, Phase 3B) only 140 single family lots of the original 150 single family lots planned for the entire Phase 3 will be developed. See exhibit below of the 2006 parks and open space plan for Baxter Meadows Subdivision, Phase 3A.
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After an evaluation of the current parklands that have been dedicated with the developed phases of the
Baxter Meadows Subdivision and the parkland credits granted by the City Commission for stream corridor enhancement and open space improvements with the planned unit development aspects of the subdivision, the Planning Department has determined that approximately 6.8251 acres of dedicated
parkland is available for future phases of the Baxter Meadows Subdivision.
The President of the Baxter Meadow Master HOA, Shawn Harrison has commented that should the
applicant wish to receive credits for dedicated parkland 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 (see attached correspondence dated
February 6, 2012 – Attachment “B”).
The preliminary plat for The Knoll at Baxter West proposes a network of public trails within 30-foot
wide public access easements with development of the subdivision. The network of Type II class trails will link with the existing pedestrian system to the south and east in Baxter Meadows Subdivision, Phase 3; as well as, future trails to the north. As discussed on page eight of the staff report, the
applicant also intends to improve the existing pubic trail and open space corridor defined by the
Border-Baxter Ditch watercourse. In addition to the stream enhancement, the proposal is to
recondition existing grasses, install additional trees and landscape irrigation, as well as revitalize the existing condition of the public trail and install benches along the corridor.
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 1.95 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). The advisory body is also supportive of the
stream and trail corridor enhancement plan as presented in the application. 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 #10 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 finding that the public parkland, playground improvements and parking facilities already developed in
the 10-acre park were designed for the entire development of Baxter Meadows Subdivision, Phase 3.
The applicant also identified the subdivision’s proximity to the Gallatin County Regional Park,
Dinosaur Park, and planned YMCA to the southeast and the Tracker Building commercial facilities to the east that will provide adequate neighborhood focal points prescribed in 38.23.020, BMC. The RPAB, GVLT and Parks Department considered the applicant’s request and determined that the
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subdivision’s proximity to the referenced amenities removes any need for the subdivision to provide a
community center or active play facilities (see RPAB comments - Attachment “C”).
38.41.060.A.18 Lighting Plan
The applicant’s proposed lighting plan is provided in Section 7 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
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. 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. The limited area of the
subject property would not be 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 3A in 2006, this preliminary plat
application is considered appropriate for urban growth at urban density.
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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.
3. Effects on Local Services
Water/Sewer - Access to municipal infrastructure and public services is available with water and sanitary sewer mains already installed with Phase 3A of Baxter Meadows Subdivision that will service
the site from the south and the east. 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 recommends condition #23 that the water main in Kimberwicke Street is extended to the center median in Harper Puckett Road for future looping purposes. This also provides
provisions for the median of the principal arterial road to be completed with turf and irrigation. Cash
in lieu of water rights or the equivalent water rights must be transferred to City of Bozeman in
accordance with Section 18.74.020.A.1, BMC.
Streets – As noted previously in the staff report, the City Engineer’s Office is recommending condition
#20 for the east half of a 5-lane principal arterial standard to be constructed with Harper Puckett Road,
a principal arterial. The condition also recommends that the applicant shall provide payment of the
estimated cost of topsoil, seed, and irrigation of one half of the future median of Harper Puckett Road
along the frontage of the subdivision. All interior local streets will be constructed to City standards within in 60’ rights-of-way with curb, gutter and sidewalks on both sides. A one-foot wide “No
Access” strip along the Harper Puckett Road street frontage is also recommended in condition #22.
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. Construction of fire station #3 southeast of the site will provide fire and
emergency services to the future residents of 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 65 single family households and using the factor
of providing 0.03 acres per dwelling unit approximately 1.95 acres of dedicated parkland is required.
To fulfill the parkland requirements, the applicant has requested use of dedicated parkland credits
available for the Baxter Meadows Subdivision PUD. 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 and recommended that the applicant be
granted parts of the available dedicated parkland credits, but agreed that the HOA should participate in
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the maintenance and upkeep of the parkland and open space areas in Baxter Meadows Subdivision
Planned Unit Development (PUD). The preliminary plat proposes a network of public trails within 30-foot wide public access easements with development of the subdivision. The network of Type II class trails will link with the existing pedestrian system to the south and east in Baxter Meadows
Subdivision, Phase 3; as well as, future trails to the north.
4. Effects on the Natural Environment
With exception to the Border-Baxter Ditch water course and associated wetlands, no significant physical or topographical features have been identified (i.e., outcroppings, geological formations, steep slopes). The applicant’s proposal to enhance the streambed of 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
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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 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 Knoll at
Baxter West Subdivision shall be in force for three years.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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
h. 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.
i. 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.
j. 38.23.150 – The Lighting Plan shall reflect the standards outlined in the UDC. A lighting plan
shall 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
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for placement at pathway/street intersections. All lights including the bollard light shall conform to the
City’s requirement for cut-off shields.
k. 38.25.020.A “Parking Dimensions” – The homeowners’ 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, BMC.
l. 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.
m. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass
and street trees on all external streets (i.e., Harper Puckett Road) 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
n. 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.
o. 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.
p. 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.
q. 38.27.110 – Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold and the property owner’s association is created. Thereafter, the property owner’s association is responsible for pathway maintenance. Plans and
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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 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. 18.72.030 “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.
s. 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.
t. 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.”
u. 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.
v. 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
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exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
w. 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.
x. 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.
y. 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.
The City Engineer’s Office has identified the following code provisions and design standards.
1) Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the stormwater
receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan. Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds
for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum
site development. Final facility sizing may be reviewed and reduced during design review of the FSP
for each lot.
2) Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by
the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also
provide Professional Engineering services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless all of the requirements of section 38.39.030.M are
met to allow for concurrent construction.
3) All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or
constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all
public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their
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#P-12014 The Knoll at Baxter West Subdivision, Preliminary Plat - Staff Report 22
lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be
included on the plat and in the covenants for the subdivision.
4) The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed.
5) The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval.
6) Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed
relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to
Final Plat approval.
b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation.
7) Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the
edge of easement.
8) Project phasing shall be clearly defined including installation of infrastructure.
9) 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.
10) Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180, BMC
prior to final plat approval.
11) All proposed private utilities to serve the subdivision shall be shown on the public infrastructure
plans and specifications.
12) 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
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
13) 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.
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.
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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 9,
10, 11, 14, 18, and
2. 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.
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 9, 10, 11, 14, and Block 18 – Yes, the subdivision blocks range from 450 feet to 720 feet long. The
original preliminary plat for Baxter Meadows Subdivision, Phase 3 in 2006 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 for Blocks 9, 14 and Block 18 – Yes, Blocks 9, 14 and 18 are less than 200 feet in width. As stated above for block
length, the original preliminary plat for Baxter Meadows Subdivision, Phase 3 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. This includes the
construction of the principal arterial, Harper Puckett Road in concert with extending Kimberwicke Street that provides a key link for the Chief Joseph middle school.
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 9, 10, 11, 14, and Block 18; and Section 38.23.040.C – “Block Width” to allow block widths to be less
than 200 feet for Blocks 9, 14 and Block 18.
Yes, an undue hardship would result if strict interpretations of these sections are enforced. The
subdivision design is influenced by the topographic feature established with “The Knoll” or high point
of the subdivision that runs along the north/south axis of the subdivision. The limits of the existing
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#P-12014 The Knoll at Baxter West Subdivision, Preliminary Plat - Staff Report 24
water course along the east boundary and the need to extend the current street network in Baxter
Meadows Subdivision, Phase 3A are also influencing factors of the physical surroundings and topographical conditions. To resolve these topographical conditions the applicant has created mid-
block trail corridors and street crossings for each subdivision block to improve the transportation
network for both vehicular and pedestrian movement.
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 9,
10, 11 14 and Block 18; 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 9, 14 and Block 18.
No, staff has not identified any other nonconformity with the granting of these variance requests.
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 Office 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.
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Attachments:
Aerial Exhibit
Agency Review Comments
Applicants’ Preliminary Plat Materials
Mailed to:
BMW LLC, 235 Greenhills Ranch Road, Bozeman, MT59715 TD&H Engineering, 234 E Babcock, Suite 3, Bozeman, MT 59715
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building 20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260 fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: The Knoll at Baxter West (formerly known as Baxter Meadows Phase 3B)
2. Property Owner Information:
Name: BMW LLC E-mail Address: trinawolf@hotmail.com
Mailing Address: 235 Greenhills Ranch Road, Bozeman, MT 59715
Phone: 406-539-6735 FAX:
3. Applicant Information:
Name: TD&H Engineering E-mail Address: david.crawford@tdhengineering.com
Mailing Address: 234 E. Babcock, Suite 3
Phone: 406-586-0277 FAX:
4. Representative Information:
Name: Trina Wolf E-mail Address: trinawolf@hotmail.com
Mailing Address: 235 Greenhills Ranch Road, Bozeman, MT 59715
Phone: 406-539-6735 FAX:
5. Legal Description: Remainder of Tract 1A, Amended Baxter Meadows Phase 1
6. Street Address: Located approximately 0.2 miles north of intersection between Harper Puckett Road and Baxter Lane
7. Project Description: Subdivision into 65 single family residential lots
8. Zoning Designation(s): R-1 9. Current Land Use(s): vacant, agricultural
10. Bozeman Community Plan Designation: Residential
11. Gross Area: Acres: 26.134 Square Feet: 1,138,397 12. Net Area: Acres: 10.47 Square Feet: 456,158
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Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDC section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
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Preliminary Plat, Supplemental Checklist and Narrative The Knoll at Baxter West (formerly known as Baxter Meadows Subdivision, 3B)
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 Plat Drawings, (Section 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 Vicinity Map and Plat Drawings, (Sections 4 and 6)
4. The names of adjoining platted subdivisions and number of adjoining certificates of survey See information on Adjoiners List and Map, (Section 3)
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 Plat Drawings, (Section 4)
6. The approximate location of all section corners or legal subdivision corners of sections pertinenet
to the subdivision boundary See information on Plat Drawings, (Section 4)
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 Plat Drawings, (Section 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 survey, (Section 2)
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 of Subdivision Preliminary Plat Checklist.
12. 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, (Section 5)
13. All appropriate certificates (refer to Chapter 38.6, BMC)
See Plat Drawings, (Section 4)
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E. Preliminary Plat Supplements Required for All Subdivisions
1. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads See Section 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 Section 4
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 Description at End of Section 1
4. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association See Section 10
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. Harper Puckett was a County Road but the
portion of Harper Puckett adjacent to the subdivision has been annexed into the City as part of Baxter Meadows. Dedicated right-of-way is provided on the preliminary plat for
connection to Harper Puckett. The approval of the preliminary plat will act as the permit to encroach on Harper Puckett and the remaining City streets as part of this subdivision.
6. A letter of approval or preliminary approval from the City of Bozeman where a zoning changes is
necessary N/A
7. A draft of such other appropriate certificates
See Plat in Section 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 Homeowner’s Association documents in Section 10.
9. Profile sheets for street 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.
N/A
11. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds
See Section 9
12. A preliminary platting certificate prepared by a Montana title company. See in Section 4
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F. Additional Subdivision Preliminary Plat Supplements (only items not waived with preapplication)
1. Surface Water
Description of Waterways One waterway passes through the northeast corner of the property, the Baxter-Border Ditch, a
perennial stream that also receives water from the Farmer’s Canal. The stream reach that flowed in the borrow ditch parallel and south of Baxter Lane was relocated to the north side of Baxter
Lane during the spring of 2004. This relocation project was part of the wetland mitigation agreement between Baxter Meadows, LLC and the Army Corps of Engineers (COE). The new
stream reach meanders across the landscape within a 30-foot wetland fringe corridor along the banks. Aspen, dogwood, and willows were planted along the stream course.
Wetlands
A wetland delineation was completed in May 2000 for Williams Brothers Construction by Wetlands West, Inc. using the 1987 Routine Determination Method developed by the COE.
Since that wetland delineation, a portion of the Baxter-Border Ditch was relocated, as described above, by Land & Water Consulting. The only wetlands within the subject property are
associated with the Baxter-Border Ditch and its associate branches and comprise 1.55 acres.
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 proposed ponds. Static water levels were measured from May 2000 until August 2001. The
highest groundwater level within The Knoll at Baxter West was measured at 6.1 feet below ground surface (bgs) in monitoring well 8. 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 1000 gpm.
11. Stormwater Management
Solids, silt, oils, grease and other pollutants will be removed from the stormwater prior to
discharge from the site as required by the City of Bozeman Design Standards. Grass lined swales or detention ponds have been designed as part of the stormwater system. Catch basins
will collect heavier solids before they are run into the detention facilities. Grass lined swales or ponds will remove much of the grease, oils and silt from the stormwater. Based on technical
research, grass lined swales/ponds trap urban runoff contaminants and provide a high level of treatment. The detention facilities will allow time for solids to settle out of the stormwater.
Grease and oils coming in contact with the grass will stick to the grass and biodegrade naturally.
16. Parks and Recreational Facilities
Open spaces within Baxter Meadows Phase 3 include an 11.4 acre landscaped park, linear parks and wetlands areas. In the first phase of Baxter Meadows Phase 3 (Phase 3A), much of the
landscaping was not completed, including installation of trees, irrigation systems and wells. This developer purchased 50% of phase #A from the bank in July 2010 and installed over 200 trees,
many shrubs, an irrigation system, and landscaped berms. The berms will screen residents from Harper Puckett Road, the arterial road that abuts the development on the west side. These will
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also create visually aesthetic passive and active play areas. The linear park was intentionally located to follow the existing water course. It also makes an important connection in the
Bozeman to Belgrade Trails system. The linear park provides the link between Belgrade and the 100-acre Regional Park. The linear parks are proposed to provide habitat for wildlife especially in
the wetland setback riparian plantings. A large portion of the linear parks will be developed to enhance the natural environment. Native grasses will be incorporated to produce a natural and
wildlife friendly habitat. A minimum of Class II trails will be provided for access through these differing open spaces to connect pedestrians from one area to another. The 100-acre Regional
Park is intended to be the main recreation area within the PUD. The plan calls for a community center to be built adjacent to the park. The Regional Park features many amenities including two
lakes, an amphitheater, trails, beaches and multiple recreational fields. The County Commissioners have formed a citizen board, FORParks, which is responsible for the ultimate
development of the amenities planned.
18. Lighting Plan
The street lighting plan proposed will essentially match the street lighting approved in phases I and II. The general system is black textured steel poles mounted on concrete bases with Lumec
outdoor cutoff luminaires with metal halide bulbs. A special improvement lighting district will be formed as the project develops. Pole heights will vary as conditions warrant, with a maximum
pole height of 20’ at main intersection collectors, and arterials and 17.5’ on local streets. Street light fixtures will be spaced approximately 300’ O.C. between intersections on longer blocks. See
Section 7 for lighting plan and fixture specifications.
21. Stormwater Management Permit Prior to construction, a Stormwater Management Permit will be submitted to the Montana
Department of Environmental Quality and the City of Bozeman. Variance Requests
1. Section 38.23.040.B “Blocks”
Blocks 9, 10, 11, 14 and 18 exceed the maximum length of 400 feet
This variance request is for Blocks 9, 10, 11, 14 and 18 to exceed 400 feet, the maximum block length in the City code. Block 9-This block creates the north edge of the The Knoll at Baxter West subdivision. Local
streets (Danube Lane and Percheron Lane) are not expected to continue north, as that property is currently a dairy farm. Existing buildings on that property would need to be demolished in order
for City streets to extend north on the alignment required to meet the maximum block widths.
Kimberwicke Street is the logical north terminus for those local streets. The east-west pedestrian corridor and open space along the north edge has been part of the master plan since this project
was originally approved. Andalusian Avenue is the only street expected to continue to the north. This configuration has been consistent since the approval of the PUD for Baxter Meadows. In lieu of extending those streets north, the PUD Concept Master Plan envisioned an open space and pedestrian way approximately half way between Harper Puckett Road and the Baxter Border
ditch. That open space is being provided with this proposed subdivision and that “mid block” pedestrian right of way accomplishes the same thing as breaking the block up.
Blocks 10, 11, 14 and 18-During the preapplication review, the developer and representatives
met with the City Recreation and Parks Advisory Board and the Planning Department to discuss
the merits of eliminating the east-west street previously shown as Percheron and replacing it with an east-west pedestrian corridor and open space. The benefit of this reconfiguration is
pedestrians will be encouraged walk to the mid-block crossings and ultimately the stream corridor
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that is proposed to be enhanced on the east side of The Knoll at Baxter West (Baxter Border Ditch). The City Recreation and Parks Advisory Board and the Planning Department were
supportive of this reorientation and focus on pedestrian circulation. The “mid block” pedestrian crossings act to break the blocks up, albeit with pedestrian walkways instead of streets for
vehicles.
Summary-The comments received during the preapplication review were supportive of this variance, in light of the mid-block crossings and emphasis on pedestrian circulation. This new
plan includes an east-west open space and pedestrian corridor, in addition to the north-south corridor, making it even friendlier to pedestrians. The hardship would be in forcing the neighbor to
the north to have future street alignments that extend through his dairy structures and on the future residents of The Knoll at Baxter West. Without this variance, they would be forced to walk a
much longer distance to get to the enhanced stream corridor and walking area in that open space.
2. Section 38.23.040.C “Blocks”
Blocks 9, 14 and 18 are narrower than the minimum width of 200 feet
This variance request is for Blocks 9, 14 and 18 to be narrower than 200 feet wide, the minimum
block width in the City code. Block 9-This block creates the north edge of the Baxter Meadows subdivision. In order to serve the lots along this edge with a street, there are two primary options. One is to place the lots as
shown, with a street to the south. The other is to move the street to the north property line and place the lots south of that street. The second option would create an economic hardship as the
cost of that street (and water, sewer, etc.) would be born solely by that single loaded row of lots. In addition, the configuration proposed sets up the possibility that if the property to the north
develops, they could extend Block 9 with a corresponding row of lots. That would then resolve the lot width issue.
Block 14-This block backs up to Harper Puckett Road, which is an existing boundary condition
the subdivision must accommodate. There is really no viable alternative to placing one row of lots against this road. The alignment for Danube Lane was established in Baxter Meadows Phase 3A,
so realigning that street is not economically viable. It would create a hardship for this developer to change that existing alignment now.
Block 18-This block backs up to the Baxter Border Ditch, which is an existing boundary condition
the subdivision must accommodate. There is really no viable alternative to placing one row of lots against this ditch, except perhaps building a street along the ditch and then placing lots west of
that street. But the alignment for Andelusian Avenue was established in Baxter Meadows Phase 3A, so realigning that street is not economically viable. The water main and services along
Andelusion were already installed with the previous phase. It would create a hardship for this developer to change that existing alignment now.
Administrative Relief 1. Section 38.23.100.A.2 “Watercourse Setback”
The subdivision, as proposed meets the required watercourse setbacks. However, as part of this
proposal the developer wishes to flatten the very steep banks along the watercourse (Baxter Border Ditch), in order to make it safer and stop erosion and degradation of the habitat. Once
those slopes are flattened, the required setbacks, as calculated in the code, would no longer be met. Planning staff were supportive of this design and suggested the developer ask for
administrative relief, in order to be able to make these stream enhancements.
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HARPER PUCKETT ROADSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.77
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.78
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RESOLUTION #P-12014
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 26.314
ACRES, LOCATED NORTHEAST OF THE INTERSECTION OF BAXTER LANE AND
HARPER PUCKETT ROAD INTO 65 RESIDENTIAL, SINGLE HOUSEHOLD LOTS AND THE REMAINING AREA AS OPEN SPACES, TRAILS AND STREETS ON
PROPERTY DESCRIBED AS A PORTION OF TRACT 1A OF THE AMENDED PLAT
OF BAXTER MEADOWS SUBDIVISION PUD, PHASE 1, TRACT 1 (J-353A)
LOCATED IN SW ¼ OF SECTION 34, T1S, 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, BMW, LLC, and representative, TD&H Engineering,
submitted a Major Subdivision Preliminary Plat Application to subdivide 26.314 acres, located
northeast of the intersection of Baxter Lane and Harper Puckett Road Avenue and create 65
residential, single household lots and the remaining area as open spaces, streets and trails on
property legally described as a portion of Tract 1A of the Amended Plat of Baxter Meadows
Subdivision PUD, Phase 1, Tract 1 (J-353A) located in the southwest ¼ of Section 34, Township
1 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 9, 10, 11, 14 and 18, and 2)
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; 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
WHEREAS, three members of the general public provided written or oral public
testimony on the matter of the preliminary plat application regarding requested variances to the
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Unified Development Code, impact fees, parklands, street improvements, and maintenance and
upkeep of the existing public parks, open space and trails; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application regarding street lights, site topography, open space corridors, and
street improvements to Baxter Lane; and
WHEREAS, the City of Bozeman Planning Board considered amendments to condition
#4 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-12014 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 9, 10, 11, 14 and 18, and 2) 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.
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-12014 and voted 5-0 to recommend approval of the preliminary plat
application for The Knoll at Baxter West Subdivision, requested in application P-12014
authorizing to subdivide 26.314 acres and create 65 residential, single household lots 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:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
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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 review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions in the Findings of Fact and Order have been satisfactorily addressed, and shall
include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal.
3. The subdivider shall provide the necessary declaration and recitals creating the property
owner’s association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing Baxter Meadows West Homeowners Association for said major
subdivision.
4. 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 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 Knoll at Baxter West Subdivision”.
5. The property owner’s association documents shall comply with Section 38.21.060.C, BMC
and include a provision requiring a 25-foot yard setback from Harper Puckett Road and that
the setback is inclusive of the common open space area.
6. Lots located along Harper Puckett Road shall have a 20-foot rear yard setback measured
from the property line of each lot.
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7. 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.
8. 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).
9. The applicant shall provide a minimum of 1.95 acres of dedicated parkland or equivalent
thereof with the major subdivision. This amount is calculated based on 65 single household
residential lots at 0.03 acres per dwelling of dedicated parkland.
10. 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.
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11. Class II type trails located in a 30-foot wide public access easement will be constructed in
the common open space areas for Block 9-12 and Blocks 14, 18 and 19. 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.
12. 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.
13. 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.
14. The lots situated along the Harper Puckett Road 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.
15. The 50-foot wide watercourse setback for the 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 prior to final plat approval.
16. The final plat shall clearly identify and reference the west half of Block 18 (i.e., Lots 1-8) as
being a part of the major subdivision.
17. 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:
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“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.
18. 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.
19. All improvements needed to provide adequate level of service for the analyzed intersections
must be installed or financially guaranteed prior to final plat approval, and must be installed
and accepted prior to issuance of a building permit.
20. The east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial
standard as shown in the Transportation Plan along the entire frontage of the subdivision.
The required right-of-way dedication for Harper Puckett is 60 feet. The applicant shall
provide payment of the estimated cost of topsoil, seed, and irrigation of one half of the
future median of Harper Puckett Road along the frontage of the subdivision.
21. The sidewalks adjacent to Harper Puckett shall be 6’wide, and shall be installed at the time
the street improvements are done.
22. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Harper Puckett
Road.
23. The water main in Kimberwicke shall be extended to the center median in Harper Puckett
Road for future looping purposes.
24. The COB design standards require a minimum of 6” crushed base course. The local street
sections in the geotechnical report only calls for 5”. Revise accordingly.
DATED THIS DAY OF , 2013 Resolution #P-12014
_____________________________ ____________________________
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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City of Bozeman Planning Board Minutes of March 5, 2013.
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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City of Bozeman Planning Board Minutes of March 5, 2013.
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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