HomeMy WebLinkAboutThe Knoll at Baxter West 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 Knoll at Baxter West Subdivision
Preliminary Plat Application #P-12014 - 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 Knoll at Baxter West Subdivision.
BACKGROUND: On March 25, 2013 the City Commission held a public hearing on an
application for preliminary plat approval for The Knoll at Baxter West Subdivision. 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
8
HARPER PUCKETT ROADSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.9
The Knoll at Baxter West Subdivision – 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 BMW, LLC FOR PRELIMINARY PLAT REVIEW AND ORDER
OF THE KNOLL AT BAXTER WEST SUBDIVISION
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 26.314± acres together with the required supplementary plans and information
to create sixty-five (65) single-household residential lots and the remaining area as common
open space, 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 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.
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.
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
10
The Knoll at Baxter West Subdivision – Findings of Fact and Order 2
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 Knoll at
Baxter West Subdivision, a residential major subdivision, was submitted to the City of Bozeman
Department of Planning and Community Development on January 17, 2013. The preliminary
subdivision plat, as proposed, will subdivide 26.314± acres and create a major subdivision
containing sixty-five (65) single-household residential lots and the remaining area as common
open space, trails and public streets. The subject property is legally described as being a portion
of Tract 1A of the Amended Plat of Baxter Meadows Subdivision PUD Phase1, Tract 1 (J-
353A). located in the Southwest One-Quarter of Section 34, Township 1 South, Range 5 East,
PMM, City of Bozeman, Gallatin Country, 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 14 and February 24, 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 heard the matter of preliminary subdivision plat
review of The Knoll of Baxter West Subdivision, on March 5, 2013. 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 modifications to proposed conditions, requested variances to the City of
Bozeman Unified Development Code, history of Baxter Meadows Subdivision and design of the
major subdivision, phasing, zoning, existing infrastructure, physical features, and provisions for
parkland and open space.
11
The Knoll at Baxter West Subdivision – Findings of Fact and Order 3
The Planning Staff reported that one member of the general public has provided written
comment on the matter of this preliminary plat application expressing concern with the requested
variances to the Unified Development Code.
Trina Wolf, representing BMW, LLC, discussed the history of the subdivision,
subdivision design, improvements completed for the 10-acre park, and proposed enhancement
improvements to the Baxter-Border ditch and open space/trail corridor.
David Crawford of TD&H Engineering, consultant for the applicant, discussed the
requested variances to the Unified Development Code, improvements to Harper Puckett Road,
subdivision topography, street and block design, mid-block crossings and open space corridors.
IV.
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary subdivision plat application. Two members of the general public
commented on the matter of the preliminary subdivision plat application regarding
improvements to Baxter Lane, Davis Lane and Harper Puckett Road, concerns with the requested
variances, timeline to complete street improvements and access to Chief Joseph Middle School.
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 street
light illumination standards, justification of the requested variances, street improvements, and
creation of special improvement districts to complete street network.
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.
12
The Knoll at Baxter West Subdivision – Findings of Fact and Order 4
The Planning Board, having heard and considered public comment and the findings
presented in the staff report, 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-12014.
The Planning Board then discussed the applicant’s preliminary subdivision plat
application, improvements to the area’s transportation network, and considered the
recommended modifications by the Planning Staff for condition #4.
Having heard and considered public comment, the findings presented in the staff report,
and recommended amendments to condition #4, the Planning Board 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-12014.
VII.
The matter of the preliminary plat application for The Knoll at Baxter West Subdivision
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-12014.
Trina Wolf, representing BMW, LLC, discussed involvement with Baxter West property
owner’s association, history of Baxter Meadows Subdivision, Phase 3, subdivision design,
improvements to parkland and trails, parkland requirements, garage orientation, elimination of
alley loaded lots, and schedule of Harper Puckett Road improvements.
David Crawford of TD&H Engineering, consultant for the applicant, discussed proposed
north/south trail corridor, pedestrian transportation network, engineering deviations, alleys,
existing topography and grade, street names, and agency comments by Fish, Wildlife and Parks.
VIII.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application with two members of the general public expressing concerns with
the requested variances to the Unified Development Ordinance, traffic impacts, street
improvements, design of open space and trails, completion of infrastructure, and potential
conflict of the applicant as a member of the homeowner’s association. Seeing no further public
13
The Knoll at Baxter West Subdivision – Findings of Fact and Order 5
testimony the City Commission then closed the public comment portion of the matter of the
preliminary plat application.
IX.
Trina Wolf, representing BMW, LLC then responded to comments and questions
discussed during the public comment portion of the hearing. As the developer and also a
member of the homeowner’s association, Ms Wolf stated she recognized the public concerns and
proposed to bond the construction of Harper Puckett Road as a condition if that would be
acceptable. She also noted that four of five members of the association live in the subdivision
and noted two of the five members of the board have provided letters in support of the proposed
subdivision. In response to a question of the subdivision’s title, she noted she was unaware of
having a similar name as that of an existing subdivision in the community and further noted as
being part of Baxter Meadows Subdivision and in proximity to Baxter Lane that it should
eliminate some of the confusion .
X.
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. 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.
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.
14
The Knoll at Baxter West Subdivision – Findings of Fact and Order 6
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 –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 the maintenance and upkeep of the parkland and open
space areas in Baxter Meadows Subdivision Planned Unit Development (PUD). The
15
The Knoll at Baxter West Subdivision – Findings of Fact and Order 7
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.
16
The Knoll at Baxter West Subdivision – Findings of Fact and Order 8
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 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
17
The Knoll at Baxter West Subdivision – Findings of Fact and Order 9
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 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
18
The Knoll at Baxter West Subdivision – Findings of Fact and Order 10
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 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.
19
The Knoll at Baxter West Subdivision – Findings of Fact and Order 11
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 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
20
The Knoll at Baxter West Subdivision – Findings of Fact and Order 12
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 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.
21
The Knoll at Baxter West Subdivision – Findings of Fact and Order 13
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.
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
XI.
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
22
The Knoll at Baxter West Subdivision – Findings of Fact and Order 14
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-20014. The City Commission then considered an amendment to the motion
of conditional approval to add a condition that the applicant bonds the improvements to Harper
Puckett Road with the filing of the final plat for the first phase. The amendment passed on a vote
of 4-0.
After further considering all matters of record presented at the public hearing the City
Commission found that preliminary subdivision plat for The Knoll at Baxter West Subdivision
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 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
for The Knoll at Baxter West Subdivision be approved.
THEREFORE, IT IS HEREBY FURTHER ORDERED, on a vote of 4-0, that the
Preliminary Subdivision Plat of The Knoll at Baxter West Subdivision be approved, subject to
the following 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 listed as conditions of approval, does not, in any
23
The Knoll at Baxter West Subdivision – Findings of Fact and Order 15
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.
24
The Knoll at Baxter West Subdivision – Findings of Fact and Order 16
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.
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
25
The Knoll at Baxter West Subdivision – Findings of Fact and Order 17
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:
“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.
26
The Knoll at Baxter West Subdivision – Findings of Fact and Order 18
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.
25. That the applicant build or guarantee payment for the construction costs of the east one-half
of Harbor Puckett Road prior to the filing of the final plat for the first phase of development.
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
27
The Knoll at Baxter West Subdivision – Findings of Fact and Order 19
ATTEST: APPROVED AS TO FORM:
____________________________
STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney
28