HomeMy WebLinkAboutP12017 The Crossing at Baxter Meadows MaSub_PB_resolution - added -3-25 RESOLUTION #P-12017
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 36.94 ACRES, LOCATED SOUTHWEST OF THE
INTERSECTION OF BAXTER LANE AND DAVIS LANE INTO 95 RESIDENTIAL, SINGLE HOUSEHOLD LOTS, ONE MULTI-HOUSEHOLD LOT AND THE REMAINING AREA AS OPEN SPACES, TRAILS AND STREETS ON PROPERTY DESCRIBED
AS BEING LOT R-1 OF THE AMENDED PLAT J-485A LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 3, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman
has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided
for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, Bank of Bozeman, applicant, Holyoke III, LLC and representatives, TD&H Engineering and Intrinsik Architecture, submitted
a Major Subdivision Preliminary Plat Application to subdivide 36.94 acres, located southwest of the intersection of Baxter Lane and Davis Lane and create 95 residential, single household
lots, one multi-household lot and the remaining area as open spaces, streets and trails on property legally described as Lot R-1of Amended Plat J-485A located in the northeast ¼ of Section
3, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana.
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed,
and advertised in accordance with the procedures of Section 38.03 of the Bozeman Unified Development Code; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application includes
a request for variances to Chapter 38 of the Bozeman Municipal Code from: 1) Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7,
8 and Block 10, and 2) from Section 38.23.040.C “Block Width” to allow block widths less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10; and
WHEREAS, the City
of Bozeman Planning Board “opened and continued” the regular scheduled public hearing of February 19, 2013 to March 5, 2013, to review the application and any written public testimony
on the request for said Major Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, March 5, 2013, to review the
application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and
WHEREAS, two members of the general public provided written or oral public testimony on the matter of the preliminary plat application regarding maintenance and upkeep of public parks,
open space and trails in Baxter Meadows Subdivision, and loss of parklands in Baxter Meadows Subdivision; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application regarding maintenance and upkeep of publically accessible parks, open space and trials, future parkland credits in Baxter Meadows Subdivision and requested
variances to the Uniform Development Code; and
WHEREAS, the City of Bozeman Planning Board considered amendments to condition #7 and #8 outlined in the staff report as recommended by
the Planning Staff; and
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the applicants’ two requested variances to the Unified Development Code, BMC; and
WHEREAS, the City of Bozeman Planning Board moved to recommend conditional approval of the preliminary plat application with said recommended conditions of approval, as amended by the
Planning Staff; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions
as amended, the Major Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, having
heard and considered public comment, adopted the findings presented in the staff report for P-12017 and voted 5-0 to recommend approval of the requested variances to the following sections
of Chapter 38 of the Bozeman Municipal Code: 1) Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2) from Section
38.23.040.C “Block Width” to allow block widths less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City
of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P-12017 and voted 5-0 to recommend approval of the preliminary
plat application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I, requested in application P-12017 authorizing to subdivide 36.94 acres and create 95 residential, single
household lots, one multi-household lot and the remaining area as open spaces, streets and trails subject to the following conditions, as amended by the Planning Board, (conditions amended
by Planning Board underlined and removed by Planning Board strikethrough):
Recommended Conditions:
The Final Plat shall conform to all requirements of the Montana Subdivision and Platting Act, the Bozeman Municipal Code, the Uniform Standards for Final Subdivision Plats, and these
conditions of approval, and shall be accompanied by all required documents, including: (i) certification from the City Engineer that as-built drawings for public improvements were received;
(ii) a platting certificate; (iii) and all other required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier
stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. The applicant shall submit with the application for final plat approval, a written narrative stating how each of the conditions of preliminary plat approval and code provisions
in the Findings of Fact and Order have been met, and shall include a digital copy (pdf) of the entire final plat submittal. The narrative shall be in sufficient detail to direct the
city to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The final plat shall contain the following notation on its face or in a document to be recorded with
the final plat:
“Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall
be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All
areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The
property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s
association created by the subdivider to maintain all common open space areas within “The Knoll at Baxter Meadows Crossing at Baxter Meadows, Phase 4B-4I”
4. The property owner’s association
documents shall comply with Section 38.38.020, BMC and include a provision requiring a 25-foot yard setback from Davis Lane and that the setback is inclusive of the open space corridor.
Note that lots 9-16, Block 2 have a common open space width less than 25 feet.
Lots located along Davis Lane shall have a 20-foot rear yard setback or 5-foot side yard setback, whichever
is applicable, that will be measured from the property line of each lot.
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.
The applicant shall provide a minimum of 3.9372 3.5755 acres of dedicated parkland
or equivalent thereof with the major subdivision. This amount is calculated based on 95 single household residential lots at 0.03 acres per dwelling of dedicated parkland, and one R-3
residential multi-family lot at 12 8 dwelling units per acre at 0.03 acres per dwelling of dedicated parkland.
A note shall be included on the final plat or other recordable document
acceptable to the City of Bozeman for the R-3 multi-household residential lot, (Lot 9, Block 8) describing parkland dedication allowances that substantially complies with the following:
“Parkland dedication requirements for Lot 9 of Block 8 have been met for only12 8 dwelling units per acre. At the time of subsequent development, when net residential density becomes
known the property owner may be required to provide additional cash-in-lieu of park dedication for density above 12 8 dwelling units per acre in accordance with the Bozeman Municipal
Code if developed as a residential multi-household lot. In addition to a note on the final plat, a separate document shall be recorded on the individual lot so as to ensure this requirement
will appear on a title search.”
9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland
credits associated with the dedicated parkland within Baxter Meadows Phase 3A including the dedicated city park known as the “10-acre Park” and should therefore participate in the maintenance
of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Baxter Meadows Master Community Association, Inc. (BMMCA) to arrive at an agreed upon method
to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) succeeding in interest to the applicant contribute sufficient
consideration to the BMMCA on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within
the area annexed to the City pursuant to the annexation agreement dated October 19, 2001 and on file with the Gallatin County Clerk and Recorder as document number 2053095 exclusive
of: (i) lands included within the Gallatin County Regional Park and (ii) Tracts A-1, A1A and A1B of Amended Plat J353D for the Chief Joseph middle school. Prior to final plat approval,
the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for
maintenance of areas subject to the agreement the agreement may terminate.
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.
The final plat, property
owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary
plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as
common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. If private parks are intended with this subdivision in-lieu
of common open space the final plat shall be amended accordingly illustrating said private parks.
The definition for “parks” in the homeowner’s association documents shall not include
reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision.
A Class II type trail
located in a 30-foot wide public access easement will be constructed in the Baxter Spring Ditch open space corridor from its current determination point in Baxter Meadows Subdivision,
Phase 4A to its terminus at Vaquero Parkway. The final location, placement and installation schedule shall be approved by the Director of the City of Bozeman Department of Parks and
Recreation with of the advice of the Recreation and Parks Advisory Board (RPAB). Prior to proceeding with construction of the public trail the applicant shall have a pre-construction
meeting with the Department of Recreation and Parks.
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.”
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.
Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans and specifications shall be provided for review and approval prior to final plat approval.
Fences located in the front, side or rear yard setback of properties adjacent to any park or common open space shall not exceed a maximum height of four feet, and shall be of an open
construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated
in the property owner’s association documents. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission
pursuant to 38.38.030.A.5, BMC.
The lots situated along the Baxter Lane and Davis Lane shall have double-frontage architectural design features for dwellings facing onto the minor arterials
similar to that found with the building orientation onto the local street frontages; including, but not limited to covered porches, varied roof lines, multiple façade materials, varied
façade plane, articulation and variation of materials. These architectural requirements shall be discussed and illustrated in the property owner’s restrictive covenants and development
guidelines. The property owner’s association documents shall also specify that a maximum 4’ tall fence, with a coordinated design detail of said fence type, is permitted along the back
of these said lots. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5,
BMC.
The 50-foot wide watercourse setback for existing watercourse and associated wetlands shall be identified and dimensioned on the final plat. Typical sections, outlet details and
landscape plans to confirm that storm water facilities can be successfully developed in Zone II of the watercourse setback without impacting the watercourse will be submitted to the
Planning Department for review and approval.
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).
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.
Based on the recommendations in the required traffic impact study, a four
way stop shall be installed at the intersection of Baxter Lane and Davis Lane. Any proposed improvements to public infrastructure shall be approved by the City Engineering and Street
Departments prior to installation
Water rights/cash-in-lieu provided for this subdivision are not sufficient to authorize development on Lot 9, Block 8, Phase 4I above one residential
dwelling. As such, a note shall be included on the final plat which states, “A building permit may not be issued for development on Lot 9 of Block 8 in Phase 4I greater than one dwelling
unit until additional
water rights or cash-in-lieu of water rights is provided to the city pursuant to 38.23.180.”
The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
Street improvements to Baxter Lane west of North 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage
(unless currently filed with the property).
Intersection control (e.g., signalization or round-about improvements at the intersection of Baxter Lane and Davis
Lane.
Signalization of the intersection of West Oak Street and Davis Lane
The document filed shall specify that in the event an SID is not utilized for the completion of these improvements,
the developer or successors in interest including purchasers of lots and any party taking ownership of said lot through foreclosure, deed-in-lieu of foreclosure or any other mechanism
at law or in equity agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
DATED THIS DAY OF , 2013 Resolution #P-12017
________________________
_____ ____________________________
Chris Saunders, Assistant Planning Director Trever McSpadden, President
Department of Planning & Community Development City of Bozeman Planning
Board