HomeMy WebLinkAboutThe Crossing at Baxter Meadows, Phase 4B-4I Preliminary Plat Findings of Fact and Order
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Wendy Thomas, Director of Community Development SUBJECT: The Crossing at Baxter Meadows Subdivision, Phase 4B-4I
Preliminary Plat Application #P-12017 - Findings of Fact and Order MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of The Crossing at Baxter Meadows, Phase 4B-4I.
BACKGROUND: On March 25, 2013 the City Commission held a public hearing on an
application for preliminary plat approval for The Crossing at Baxter Meadows Subdivision,
Phase 4B-4I. The Commission approved the proposed subdivision, subject to conditions and
code provisions to ensure the final plat would comply with all applicable regulations and all
required criteria. State law provides that the governing body shall “provide a written statement to the applicant detailing the circumstances of the condition imposition.” The statement must
include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition
imposition; and 3) information regarding the appeal process for the condition imposition. To
proceed with submitting a final plat application for the initial phase(s) of the subdivision, the
applicant must have in hand a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact as drafted.
2) Approval of the Findings of Fact with modifications.
3) As determined by the City Commission
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected with issuance of building permits for
individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact Subdivision Preliminary Plat
Report compiled on: April 24, 2013
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LOLO WAYLOLO WAYLEMHI TRAIL DRIVEMARIAS LANE BAXTER LANEDAVIS LANE
CASPIAN AVENUE
WINTER PARK STREETVAQUERO PARKWAY
TSCHACHE LANELEMHI TRAIL DRIVE
VAQUERO PARKWAYTSCHACHE LANELEMHI TRAIL DRIVEMONIDA STREETSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.J:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\SURVEY\11079PrelimPlatC3D.dwg, 1/17/2013 3:52:06 PM, KLS
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SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.J:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\SURVEY\11079PrelimPlatC3D.dwg, 1/17/2013 3:52:27 PM, KLS
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 1
Return To: City of Bozeman
Department of Community Development P.O. Box 1230
Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT HOLYOKE III, LLC FOR PRELIMINARY PLAT REVEW AND ORDER
OF THE CROSSING AT BAXTER MEADOWS SUBDIVISION,
PHASE 4B-4I, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-
3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified
Code, public hearings were scheduled, after notice given, before the Bozeman Planning Board on
March 5, 2013, and before the Bozeman City Commission on March 25, 2013, on the above-
entitled application. The applicant presented to the City Commission a proposed preliminary
plat to subdivide 36.94± acres together with the required supplementary plans and information to
create ninety-five (95) residential, single household lots, one residential multi-household lot, and
the remaining area as common open space, public trails and public streets.
The application for preliminary plat review includes a request for variances from the City
of Bozeman Uniform Development Code to: 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 less than 200 feet or more than 400 feet in
width for Blocks 2, 8, 9 and 10.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information, environmental
assessment and recommendation of the Planning Board, to determine whether the plat should be
approved, conditionally approved, or disapproved.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 2
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
FINDINGS OF FACT
I.
The complete application for the subdivision preliminary plat review of The Crossing at
Baxter Meadows Subdivision, Phase 4B-4I, a residential major subdivision, was submitted to the
City of Bozeman Department of Planning and Community Development on December 21, 2013.
The preliminary subdivision plat as submitted on December 21, 2012, proposed to
subdivide 36.94± acres and create a major subdivision containing ninety-nine (99) single-
household residential lots and the remaining area as common open space, trails and public
streets. On January 9, 2013 the applicant requested a modification to the preliminary plat
application to amend the application and instead create 95 residential single household lots, one
multi-household residential lot and the remaining area as common open space, trails and public
streets.
The subject property is legally described as a tract of land being Lot R-1 of Amended Plat
J-485A located in the Northeast One-Quarter of Section 3, Township 2 South, Range 5 East,
PMM, City of Bozeman, Gallatin County, Montana.
II.
Notice of a public hearing before the City of Bozeman Planning Board and public hearing
before the Bozeman City Commission was published in the Bozeman Daily Chronicle on
February 3 and February 10, 2013, and the notice was posted at the site and mailed by certified
mail, return receipt requested, to all adjoining property owners.
III.
The City of Bozeman Planning Board opened and continued the 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. The City of
Bozeman Planning Board then opened and continued the public hearing on March 5, 2013 from
its scheduled meeting of February 19, 2013 and heard the matter of preliminary subdivision plat
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 3
review of The Crossing at Baxter Meadows Subdivision, Phase 4B-4I. The Planning Board
found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Code, Chapter 38, Bozeman Municipal Code.
The Planning Staff reviewed the project and the evidence which justified the imposition
of conditions, recommendations of the Development Review Committee and local review
agencies, recommended amendments to the proposed conditions, requested variances to the City
of Bozeman Unified Development Code, history of Baxter Meadows Subdivision, design of the
major subdivision, subdivisionphasing, zoning, existing infrastructure, physical features, and
provisions for parkland and open space.
The Planning Staff reported that one member of the general public has provided written
comment on the matter of the preliminary plat application expressing concern with the requested
variances to the Unified Development Code.
Susan Riggs, Intrinsik Architecture, representing Holyoke III, LLC, discussed the
subdivision design and potential alternate designs, constraints with existing infrastructure,
extension of streets, boulevard street lights, and noted that the applicant agrees with the
recommend conditions of approval
IV.
The Planning Board then opened the public comment portion of the hearing to receive
public testimony on the matter with one member of the general public expressing concern with
the loss of parkland as a result of the recent development of apartments in the greater Baxter
Meadows Subdivision.
V.
After reviewing the staff recommendation, hearing the applicant’s presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the City of Bozeman Unified Development Code and the
adopted growth policy, the Planning Board reviewed and considered the facts against the criteria
related in Title 76-3-608, MCA, 2011.
The Planning Board considered the recommended conditions prepared by the Planning
Department, Development Review Committee and local review agencies, and discussed parkland
credits as requested by the applicant.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 4
VI.
The City of Bozeman Planning Board then discussed the applicant’s requested variances
to the Unified Development Code, and justification of supporting the requested variances as
outlined in the staff report.
Having heard and considered public comment, and the findings presented in the staff
report, the Planning Board found that the requested variances to the Uniform Development Code
would comply with the primary review criteria, and therefore voted 5-0 to recommend approval
to the Bozeman City Commission in Planning Resolution No. P-12017.
The Planning Board then discussed the applicant’s preliminary subdivision plat
application, and considered the recommended amendments by the Planning Staff for condition
#7 and #8. Having heard and considered public comment, the findings presented in the staff
report, and recommended amendments to condition #7 and #8, the Planning Board then found
that with the recommended conditions, that the subdivision preliminary plat application would
comply with the primary review criteria, and therefore voted 5-0 to forward a recommendation
of conditional approval to the Bozeman City Commission as set forth in Planning Resolution No.
P-12017.
VII.
The matter of the preliminary plat application for The Crossing at Baxter Meadows
Subdivision, Phase 4B-4I was considered by the City Commission at a public hearing on March
25, 2013 at which time the Planning Staff reviewed the project and forwarded the Planning
Board's recommendation of conditional approval in Planning Resolution No. P-12017.
Susan Riggs, Intrinsik Architecture, representing Holyoke III, LLC, discussed the
justification for the requested variances, alternative design options, green area access to
parklands, open space, trails and overall entirety of Baxter Meadows Subdivision, and noted that
the applicant agrees with the recommend conditions of approval
VIII.
The City Commission then opened the public comment portion of the hearing to receive
public testimony on the matter and seeing none closed the public portion of the hearing.
IX.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 5
The City Commission then considered the minutes of the Planning Board hearing,
Resolution of the Planning Board, Planning Office staff report, public record, the developer's
testimony, and weighed the proposed subdivision against the primary criteria for consideration of
subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
Historically, the subject property has been used for agricultural purposes. However, the limited
area of the subject property is not of a substantial size to accommodate a viable farmstead. The adopted growth policy for this area is identified for development as “Residential” on the Future
Land Use Map of the Bozeman Community Plan. With approval of the original preliminary plat
for Baxter Meadows Subdivision PUD in 2005 and filing of the final plat for Phase 4A in 2007,
this preliminary plat application is considered appropriate for urban growth at urban density.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project. Although the
subdivider does not anticipate any impacts to downstream water users with this subdivision, the
applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance
and agricultural water user facilities, and are therefore advised that they may be subject to those
restrictions.
3. Effects on Local Services
Water/Sewer - Access to municipal infrastructure and public services is available as a significant
portion of the water and sanitary sewer mains have already been installed with Phase 4A of the
major subdivision. However, standard code requirements still apply, including the requirements
for final as-built plans and specifications, detailed design reports, engineering services for construction inspection, and preparation of mylar record drawings.
The City Engineer’s Office has recommended conditions requiring that water mains over 500 be
looped and also that a note on the plat shall state “Water rights for Lot 9 of Block 8 in Phase 4I
has not adequately addressed cash in lieu of water rights. Cash in lieu of water rights or the
equivalent water rights must be transferred to City of Bozeman at the time of development.”
Streets - As depicted on the preliminary plat the placement and location of the local streets is
generally predetermined by existing water and sanitary sewer mains that are already installed
along the north and west areas of the subdivision. Minor adjustments to proposed local streets
may be required to accommodate adjustments to the lot sizes from the previous preliminary plat
application. All street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks, and storm water facilities. Based on the
recommendations in the required traffic impact study, the City Engineer’s Office is
recommending a four way stop shall be installed at the intersection of Baxter Lane and Davis
Lane. A one-foot wide “No Access” strip is also required along Baxter Lane and Davis Lane.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 6
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate fire and police response to the site. In November of 2006, the
City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan
identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. Recent construction of fire station #3
immediately to the south will provide fire and emergency services to this subdivision.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for any major drainage
courses that are being cut off. This also includes proper design, placement and construction of
stormwater facilities that may encroach into any watercourse setback.
Parks/Trails - Based on the subdivision consisting of 95 single household dwellings and one
multi-household residential lot, and using the factor of providing 0.03 acres per dwelling unit and a density of 12 dwelling units per acre for the multi-family lots approximately 3.96 acres of
dedicated parkland is required. To fulfill the parkland requirements, the applicant requests use
of the dedicated parkland credits available for the Baxter Meadows Subdivision PUD. The
Recreation and Parks Advisory Board (RPAB) considered the applicant’s request on February 8,
2013 and is generally supportive of the applicant’s proposal and recommends the applicant be granted parts of the available dedicated parkland credits, but recommends the POA be required
to participate in the maintenance and upkeep of the parkland and open space areas in Baxter
Meadows Subdivision Planned Unit Development (PUD). A Type II class public trail within a
30-foot wide public access easement will be constructed in a common open space area that
parallels Spring Ditch watercourse.
4. Effects on the Natural Environment
With exception to the Spring Ditch water course and associated wetlands, no additional
significant physical or topographical features have been identified (i.e., outcroppings, geological
formations, steep slopes). Any mitigation and enhancement of wetlands will occur only with the
approval of 310 and/or 404 Permits from the Gallatin County Conservation District and Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal
sanitary sewer services and appropriate measures are proposed by the developer with residential
construction. Provisions have been discussed in the applicant’s submittal to address the control
of noxious weeds and maintenance of common open space areas, and will be further addressed
with the protective covenants and compliance with the recommended conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. No known endangered species or critical
game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range habitat with
this development proposal. The Department is recommending that disturbance of the watercourse
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 7
riparian and wetland vegetation be limited and that storm water runoff be properly treated before
discharge.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC) which has determined that it is in general compliance
with the title. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review:
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and
Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Unified Development Code and shall
be addressed with the final plat application:
a. 38.03.040.A of the BMC, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning
Director with each subsequent request considered on its individual merits and consideration on
criteria provided in 38.03.040.A, BMC. As a multi-phased subdivision, conditional approval of
the preliminary plat for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I shall be in force for three years.
b. The final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110, BMC. The Final Plat certificates shall be adjusted so the
Certificate of Dedication includes a perimeter metes and bounds legal description of each phase
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 8
of the 36.94-acre subdivision be platted, list the streets to be maintained by the City, and a
calculation table for required dedicated parkland and how requirements are being met.
c. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office,
is due with each final plat(s) of the major subdivision.
d. 38.21.060.C.1 “Corner Lots” – The homeowner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the
interior of the block. The final plat shall indicate the orientation of all corner lots.
e. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety. Further, homes on corner
lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information
regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of
all corner lots.
f. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear property line.
g. 38.23.060.B “Private Utilities” – The final plat and homeowner’s association documents
shall contain a note stating that if a utility easement is greater than the building setback required
by Chapter 38, B.M.C. said easement shall apply. All utility easements to be noted on the Final
Plat for each typical subdivision lot/block, exclusive of notations on the final plat.
h. 38.23.060.D.4 – States that storm water runoff from a development shall not be discharged
directly to an irrigation facility. This will further require all storm water facilities to be designed
in a manner that addresses the criteria set forth by the Planning Office
i. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed and
contained on an individual lot as a common area(s) owned and maintained by the property owner’s association and noted accordingly in the protective covenants. Said facilities may be
included in the common open space area containing the Baxter Spring Ditch watercourse.
j. 38.23.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-street area for mail delivery within the development in cooperation with the
United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery
area constructed within a City right-of-way.
k. 38.23.150 – Subdivision lighting and Special Light Improvements District (SLID)
information shall be submitted to the City Clerk after preliminary plat approval in hard copy and
digital form. The final plat will not be approved until the resolution to create the SLID has been approved by the City Commission. The Lighting Plan shall reflect the standards outlined in the
UDC. A lighting plan shall be submitted for review and approval prior to the contracting,
creation of an SLID and installation of the lights. The plan shall include a pole light detail with
spacing based on high pedestrian conflict, a local street pole light at one per local street
intersection, and a bollard light detail for placement at pathway/street intersections. All lights including the bollard light shall conform to the City’s requirement for cut-off shields.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 9
l. 38.25.020.a “Parking Dimensions” – The property owners’ association documents shall
include language stating the minimum provisions for one-stall and two-stall car garages as
outlined by Section 38.25.020.A.
m. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards)
shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large
canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For
street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before
any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball,
that the root flare of the newly planted tree is visible and above ground, and there should be a
mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
n. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, grass
turf and street trees on all external streets (i.e., Baxter Lane and Davis Lane) and adjacent to public parks or other open spaces. Trees may not be located within 10 feet of sewer and water
services. Sewer and water services shall be shown on the landscaping plan of the park and open
space plan, and approved by the Water/Sewer Superintendent. A landscape plan prepared by a
certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first.
o. 38.26.050.L “Maximum Allowable Slope or Grade” – All areas identified in the subdivision
for the purposes of retention/detention storm water facilities shall be noted on the subdivision
plat as “Common Open Space” owned and maintained by the property owner's association, and
noted accordingly in the property owner's association documents, for review and approval by the Planning Office. All storm water facilities must be designed in a fashion that is landscaped as
effective landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or
25%, with an average depth of not more than two feet. All collection and outlet facilities must
also be properly landscape and screened from the general public. All storm water facility outlet
structures will be properly landscape and a minimum distance of not less than thirty (30) from any watercourse high water mark will be required. Placement and design of the facilities will be
approved by both the City Engineer’s Office and Planning Office.
p. 38.27.090 “Waiver of Park Maintenance District – Prior to final plat approval executed
waivers of right to protest the creation of special improvement districts (SIDs) for a park
maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation.
q. 38.27.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until at least 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail will
need to be reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is recommended along the watercourse corridor with the placement appropriate pedestrian
crossings at all intersections with interior subdivision streets. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 10
typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
r. 38.31.090.B “Flood Hazard Evaluation” - The developer's professional engineer, licensed in
the state, shall provide written certification to the city that the mapped flood locations and
proposed mitigation shall protect against damage by the 100-year flood, which will require a 100-year flood plain boundary to be delineated on the final plat.
s. 38.38.030 “Covenants” - Covenants, restrictions, and articles of incorporation for the
creation of a homeowners’ association shall be submitted with the final plat application for
review and approval by the Planning Office and shall contain, but not be limited to the following
items: 1) the orientation and setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors (i.e., P.A.C. corridors) and minor arterial roads, 3) provisions for
fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public
and private parks, trails, storm water runoff facilities, 5) guidelines that outlines architectural and
landscape guidelines for each individual lot and/or phase of the subdivision, including placement
of boulevard trees at a regular spacing for each residential lot, 6) a 25-foot yard setback from Davis Lane, 7) provisions that outline the renewal of an annual contract with a certified
landscape nursery person for the upkeep and maintenance of all parklands, common open space,
trails, etc., 8) landscape details for detention ponds, outlet structures, boulevard trees, parkland,
irrigation, etc., 9) mitigation of groundwater with established floor elevations and no basement
restriction, 10) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 11) noxious weed control, 12) parking within residential
structures, 13) assessment of existing and future Special Improvement Districts, and 14)
protection of downstream water users.
These documents shall be submitted to the city attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 working days prior to submitting a
final plat application. These documents shall be executed and submitted with the initial final plat
to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.
t. 38.39.030 “Completion of Improvements” - If it is the developer’s intent to file the plat prior
to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance
with the preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
u. 38.39.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall
include language stating that “upon the third anniversary of the plat recordation of any phase of
the subdivision, any lot owner who has not constructed said sidewalk shall, without further
notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 11
v. 38.41.050.A.8 – A Memorandum of Understanding shall be entered into by the Weed
Control District and the subdivider for the control of county declared noxious weeds and a copy
provided to the Planning Department prior to Final Plat approval.
w. 38.41.060A.9 – The development is subject Title 85, MCA protecting water rights,
conveyance and agricultural water user facilities, and is therefore advised that they may be subject to those restrictions.
x. Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
requirements, or common open space areas once the irrigation system is installed. The as-builts
shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box.
y. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
z. The subdivider shall ensure that all construction material and other debris are removed from
the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat.
aa. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
bb. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the
Unified Development Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
cc. All construction activities shall comply with section 38.39.020.A.2. of the Unified
Development Code. This shall include routine cleaning/sweeping of material that is dragged to
adjacent streets. The City may require a guarantee as allowed for under this section at any time
during the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified.
The City Engineer’s Office has identified the following code provisions and design standards.
1. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate
and provide easements for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 12
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
2. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form
and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water
Management Ordinance #1763. The SMP is independent of any other storm water permitting
required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water
Pollution Prevention Plan (SWPPP) if they are required for this development.
3. The Developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to and approved
by the City Engineer. The report must include hydraulic evaluations of each utility for both
existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of
water and sewer construction. If adequate water and/or sewer capacity is not available for full
development, the report must identify necessary water system and sewer system improvements
required for full development. The Developer will be responsible to complete the necessary
system improvements to serve the full development.
All water mains over 500 feet in length must be looped.
4. Upon availability of service, any existing residence/business on the property must be
connected to City water and sewer utilities. The existing on-site treatment systems must be
properly abandoned and certification provided the abandonment occurred. Any wells presently
used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping.
5. All residential lots shall pay cash-in-lieu of water of rights prior to final plat approval. The
applicant is required to produce an estimate for the annual water consumption for the facility at
full build out. This water consumption rate will be reviewed by the Engineering Department to
determine the final amount for cash-in-lieu of water rights. The developer may also provide a transfer of the equivalent required water rights. Any water right proposed to be transferred to
city ownership should be submitted for review as early as possible so the value can be
determined without hindering the final plat process. The necessary water rights or cash-in-lieu
for all residential lots must be provided prior to the filing of the final plat.
6. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby
fire hydrants and proposed fire hydrants.
7. Any easements needed for the water and sewer main extensions shall be a minimum of 30
feet in width. While the final location of the water and sewer mains will be determined once the
final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 13
shown on the plat. Wherever water and/or sewer mains are not located under or accessed from
improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities
to provide necessary access.
8. Any existing water/sewer infrastructure that will not be utilized by this development will be
properly abandoned with direct coordination with the Water/Sewer Department, Engineering, and GIS.
9. Plans and Specifications for water and sewer main extensions, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and approved
by the City Engineer. Water and sewer plans shall also be approved by the Montana Department
of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record
Drawings. Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a preconstruction conference has been
conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted.
10. Street names must be approved by the City Engineer and county road office prior to final plat
submittal.
11. All streets contained within the subdivision shall be within dedicated public right of way and
built to city standards.
12. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision.
Per Chapter 38.24.080 of the UDC sidewalks will be installed prior to occupancy of any
individual lots.
13. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
14. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure. If concurrent construction will be used in the
development of this subdivision, all criteria in UDC section 38.39.030.D. must be met. In
addition a formal request for concurrent construction must be received during this review of the
preliminary plat.
15. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained
prior to plan and specification approval.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act.
The hearings before the Planning Board and City Commission have been properly noticed, as
required by the Bozeman Unified Development Code. 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
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 14
testimony received on the matter, the Bozeman Planning Board shall forward a recommendation
in a Resolution to the Bozeman City Commission who will make the final decision on the
applicant’s request. Said public hearing scheduled before the Planning Board on February 19,
2013 was opened and continued to March 5, 2013.
E. Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
F. Provisions of legal and physical access to each parcel.
The proposed lots will gain access from frontage on internal local streets or alleys. The final plat
shall include a public access easement for all areas labeled as common open space and for all streets/alleys if they are not dedicated to the public
X.
After considering all matters of record presented at the public hearing, the City
Commission found that the requested variances to the City of Bozeman Unified Development
Code would comply with the variance criteria in Section 38.35.070, BMC and 76-3-506, MCA
as justified in the Planning Department’s staff report.
The City Commission then discussed the recommended conditions of approval and
moved to approve the preliminary plat application subject to the conditions presented in Planning
Board Resolution #P-20017.
After further considering all matters of record presented at the public hearing the City
Commission found that preliminary subdivision plat for The Crossing at Baxter Meadows
Subdivision, Phase 4B-4I would comply with the primary review criteria, City of Bozeman
Growth Policy, requirements the Bozeman Unified Development Code and the Montana
Subdivision and Platting Act if certain conditions were imposed. The evidence, as stated or
referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to
ensure that the final plat complies with all applicable regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the requested variances
from the Uniform Development Code to: 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 less than 200 feet or more than 400 feet in
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 15
width for Blocks 2, 8, 9 and 10 for the Crossing at Baxter Meadows Subdivision, Phase 4B-4I be
approved.
THEREFORE, IT IS HEREBY FURTHER ORDERED, on a vote of 4-0, that the
Preliminary Subdivision Plat of The Crossing at Baxter Meadows Subdivision, Phase 4B-4I be
approved, subject to the following conditions:
1. The Final Plat shall conform to all requirements of the Montana Subdivision and Platting Act, the
Bozeman Municipal Code, the Uniform Standards for Final Subdivision Plats, and these conditions of approval, and shall be accompanied by all required documents, including: (i) certification from
the City Engineer that as-built drawings for public improvements were received; (ii) a platting
certificate; (iii) and all other required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is
advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law.
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 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.
5. Lots located along Davis Lane shall have a 20-foot rear yard setback or 5-foot side yard
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 16
setback, whichever is applicable, that will be measured from the property line of each lot.
6. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements,
parkland or parkland credits and areas not credited towards parkland (i.e.,
detention/retention areas, watercourse setbacks, wetlands, common open space, parking
facilities) and the total area of each.
7. The applicant shall provide a minimum of 3.5755 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 95 single household
residential lots at 0.03 acres per dwelling of dedicated parkland, and one R-3 residential
multi-family lot at 8 dwelling units per acre at 0.03 acres per dwelling of dedicated
parkland.
8. A note shall be included on the final plat or other recordable document acceptable to the City of Bozeman for the R-3 multi-household residential lot, (Lot 9, Block 8) describing
parkland dedication allowances that substantially complies with the following:
“Parkland dedication requirements for Lot 9 of Block 8 have been met for only 8 dwelling
units per acre. At the time of subsequent development, when net residential density becomes
known the property owner may be required to provide additional cash-in-lieu of park dedication for density above 8 dwelling units per acre in accordance with the Bozeman
Municipal Code if developed as 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 Section 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated
with the dedicated parkland within Baxter Meadows Phase 3A including the dedicated city
park known as the “10-acre Park” and should therefore participate in the maintenance of
such parkland. Therefore, the applicant shall, prior to final plat approval, work with the
Baxter Meadows Master Community Association, Inc. (BMMCA) to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for
this subdivision (including all its phases) succeeding in interest to the applicant contribute
sufficient consideration to the BMMCA on an equitable basis for the maintenance and
upkeep of existing publicly dedicated parks and publicly accessible open space lands and
trails located within the area annexed to the City pursuant to the annexation agreement dated October 19, 2001 and on file with the Gallatin County Clerk and Recorder as
document number 2053095 exclusive of: (i) lands included within the Gallatin County
Regional Park and (ii) Tracts A-1, A1A and A1B of Amended Plat J353D for the Chief
Joseph middle school. Prior to final plat approval, the applicant shall provide evidence that
an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the
agreement the agreement may terminate.
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 17
The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the BMMCA and binding
property owners to contribute to the maintenance and upkeep of dedicated parks and
publicly accessible open space lands as required by the agreement between the applicant
and the BMMCA. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to
38.38.030.A.5, BMC.
10. The final plat, property owner’s association documents (POA), and park master plan may
not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA,
etc. unless the applicant intends to dedicate public parkland within the subdivision. If
private parks are intended with this subdivision in-lieu of common open space the final plat
shall be amended accordingly illustrating said private parks.
11. The definition for “parks” in the homeowner’s association documents shall not include
reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”,
unless public parkland is being dedicated with this major subdivision.
12. A Class II type trail located in a 30-foot wide public access easement will be constructed in
the Baxter Spring Ditch open space corridor from its current determination point in Baxter Meadows Subdivision, Phase 4A to its terminus at Vaquero Parkway. The final location,
placement and installation schedule shall be approved by the Director of the City of
Bozeman Department of Parks and Recreation with of the advice of the Recreation and
Parks Advisory Board (RPAB). Prior to proceeding with construction of the public trail
the applicant shall have a pre-construction meeting with the Department of Recreation and Parks.
13. That the final plat(s) contain the following language that is readily visible on the plat
placing future landowners of individual lots on notice of the presence of high groundwater
in the area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of Montana and
qualified in the certification of residential and commercial construction.”
14. The final plat shall provide all necessary utility easements which shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. If rear or side yard utility easements are not proposed the applicant shall provide
written confirmation from all applicable utility companies that rear or side yard easements are not required.
15. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes
plans and specifications shall be provided for review and approval prior to final plat
approval. Fences located in the front, side or rear yard setback of properties adjacent to any
park or common open space shall not exceed a maximum height of four feet, and shall be of
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 18
an open construction designed in a manner to be consistent along all park land and open
space areas. This requirement with appropriate exhibits of fence types shall be addressed
and illustrated in the property owner’s association documents. The provisions in the
property owner’s association documents fulfilling this condition shall be considered
required by the City Commission pursuant to 38.38.030.A.5, BMC.
16. The lots situated along the Baxter Lane and Davis Lane shall have double-frontage
architectural design features for dwellings facing onto the minor arterials similar to that
found with the building orientation onto the local street frontages; including, but not limited
to covered porches, varied roof lines, multiple façade materials, varied façade plane,
articulation and variation of materials. These architectural requirements shall be discussed and illustrated in the property owner’s restrictive covenants and development guidelines.
The property owner’s association documents shall also specify that a maximum 4’ tall fence,
with a coordinated design detail of said fence type, is permitted along the back of these said
lots. The provisions in the property owner’s association documents fulfilling this condition
shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
17. The 50-foot wide watercourse setback for existing watercourse and associated wetlands
shall be identified and dimensioned on the final plat. Typical sections, outlet details and
landscape plans to confirm that storm water facilities can be successfully developed in Zone
II of the watercourse setback without impacting the watercourse will be submitted to the
Planning Department for review and approval.
18. Each common open space area identified on the final plat(s) shall be identified according to
a sequence of designated alphabetical values in-lieu of multiple common open space areas
having the same designation (i.e., common open space “A” thru “H” versus multiple areas
with the same “A”, “B”, “C”…. open space designations).
19. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the
Bozeman Historic Preservation Office shall be contacted immediately and construction
activities shall cease.
20. Based on the recommendations in the required traffic impact study, a four way stop shall be
installed at the intersection of Baxter Lane and Davis Lane. Any proposed improvements to public infrastructure shall be approved by the City Engineering and Street Departments prior
to installation
21. Water rights/cash-in-lieu provided for this subdivision are not sufficient to authorize
development on Lot 9, Block 8, Phase 4I above one residential dwelling. As such, a note
shall be included on the final plat which states, “A building permit may not be issued for development on Lot 9 of Block 8 in Phase 4I greater than one dwelling unit until additional
water rights or cash-in-lieu of water rights is provided to the city pursuant to 38.23.180.”
22. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Baxter Lane west of North 19th Avenue including paving,
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 19
curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
b. Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
c. Intersection control (e.g., signalization or round-about improvements at the intersection
of Baxter Lane and Davis Lane.
d. Signalization of the intersection of West Oak Street and Davis Lane
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer or successors in interest including purchasers of lots and
any party taking ownership of said lot through foreclosure, deed-in-lieu of foreclosure or any
other mechanism at law or in equity agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City Commission may, at the request of
the subdivider, grant individual extensions to its approval by the Planning Director for a period
of not more than two years, or for more than two years by the City Commission.
DATED this day of , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
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The Crossing at Baxter Meadows Subdivision, Phase 4B-4I – Findings of Fact and Order 20
ATTEST: APPROVED AS TO FORM:
____________________________
STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney
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