HomeMy WebLinkAboutApprove Final Plat for Crossing at Baxter Meadows Phases 4B-4E and Phase 4I1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Approve Final Plat for The Crossing at Baxter Meadows Phases 4B-4E and Phase
4I to subdivide 36.94 acres and authorize the Director of Public Works to execute the same on behalf of
the City of Bozeman upon review and approval by the City Attorney’s Office, P-13027
MEETING DATE: September 9, 2013
AGENDA ITEM TYPE: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for The Crossing at Baxter
Meadows Phases 4B-4E and Phase 4I to subdivide 36.94 acres and authorize the Director of Public
Works to execute the same on behalf of the City of Bozeman upon review and approval by the City
Attorney’s Office.
MOTION: I hereby approve the Final Plat for The Crossing at Baxter Meadows Phases 4B-4E and
Phase 4I to subdivide 36.94 acres and authorize the Director of Public Works to execute the same on
behalf of the City of Bozeman upon review and approval by the City Attorney’s Office .
BACKGROUND: On May 6, 2013 the City Commission approved the findings of fact for preliminary
plat approval to subdivide 36.94 acres and create residential and the remaining area as parks, open spaces, and streets for R-3 (Residential Medium Density District) development, located northwest of the
intersection of Davis Lane and Vaquero Parkway.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met, or will
be met prior to recording of the final plat, including the provision of an acceptable financial guarantee
and improvements agreement. State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms
of State subdivision law and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
Attached is a memorandum from Chris Saunders, Policy and Planning Manager, and application
materials delineating how the conditions of preliminary plat approval have been satisfied and
recommending approval of the final plat application for The Crossing at Baxter Meadows Phases 4B-4E
Commission Memorandum
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and Phase 4I. Said recommendation is contingent on receiving approval by the City Attorney’s Office
and Director of Public Works. The County Treasurer shall certify prior to release of the mylars by the
City for recording, by signing the mylars, that all real property taxes and special assessments have been
paid. UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat. FISCAL EFFECTS: City sewer and water connection fees, and applicable impact fees will be
collected for the new services when a building permit is issued for each of the residential lots.
Attachments: Planning Staff’s Summary Review Final Plat application materials Final Plat
Report compiled on August 28, 2013
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Development Review Division Policy and Planning Division Building Division
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------
TO: CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: CHRIS SAUNDERS, POLICY AND PLANNING MANAGER RE: FINAL PLAT REVIEW AND APPROVAL FOR THE CROSSING AT BAXTER
MEADOWS SUBDIVISION FINAL PLAT, P-13027
DATE: AUGUST 28, 2013 ------------------------------------------------------------------------------------------------------------------------------
Thomas Dean and Hoskins, Inc. has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for The Crossing at Baxter Meadows Subdivision, Phases 4B-4E and 4I, a 74 lot subdivision with associated open spaces and remaining
area for future phases. The subdivision is located northwest side of the intersection of Davis Lane and
Vaquero Parkway.
The findings of fact and order on the preliminary plat were signed on May 6, 2013.
The developer has applied for final plat review and approval for phases 4B-4E and phase 4I of
the subdivision. An Improvements Agreement and financial guarantee for subdivision related
improvements that will not be completed with the filing of the final plat (e.g. pedestrian bridge and lot
frontage sidewalks). Based on the summary review provided below, the Development Review
Committee, City Engineering’s Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the final plat
application may be approved by the City Commission.
A paper print of the Final Plat, original Platting Certificate, original of the Improvements
Agreement and financial guarantee are attached for your review. The mylar copies will be provided
shortly and verified before the final plat is released for recording. The financial guarantee will be received after Commission approval of the plat and prior to release of the final plat for recording. The
Improvements Agreement, property owner’s association documents and other applicable documents will
be recorded and filed with the final plat at the Clerk and Recorder’s Office.
The Community Development staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the Certificates of Director of Public Works, Release of Sanitary Restrictions, and Certificate of Completion "as to form".
Once the Commission has acted on the Final Plat application, please contact me and I will pick up
the original mylar plats and documents to the Director of Public Works and have the Director sign the
appropriate certificates on the final plat
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An application for final plat was submitted to the Planning Department on August 14, 2013. The
mylars were not included so that final review of the plat could be completed prior to preparation of the record mylars. The improvements agreement also needed to be prepared. The signed improvements agreement was received on August 28th. With the exception of the mylars a complete package was
submitted on August 28, 2013 making a complete application. Based on the applicant having submitted
a complete application on August 28, 2013 for final plat review and approval, and further finding that
the application was deemed complete on August 28, 2013, the 45-day (working days) review period for this final plat would expire on October 12, 2013.
The conditions of preliminary plat approval, which are pertinent to this major subdivision, and
how they have been met, are included with the application material provided with this memo. Staff has
verified compliance with the conditions.
The following actions need to be completed prior to releasing the documents for recording. Staff’s opinion is that these can be handled and it is not necessary to delay the processing of the final
plat by the City Commission.
1) The improvements agreement needs to be signed by Wendy Thomas on behalf of the City after the
City Attorney’s office approves it to form. Once signed the financial guarantee supporting the
improvements agreement will be delivered to the City.
2) Condition 5 requires dedication of water rights. A water right transfer process is underway at this
time. If a successful transfer has not been completed by the time the plat is ready for filing an
alternate agreement to pay will be executed in its place.
3) Condition 9 requires the development to participate in parkland maintenance funding for the area
which the development relied upon to meet its parkland dedication requirements. The applicant states in their response to the condition that the existing recorded covenants require this participation
and the master home owners association is authorized to assess fees for such costs. I have requested
written verification from the master home owners association that they concur with the reading of
the covenants as asserted by the applicant. I anticipate receiving such verification shortly.
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Phases 4B-4H
Preliminary Plat Applicaon
December 2012
2012 Aerial Image
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234 E. Babcock, Suite 3 • Bozeman, MT 59715 • (406) 586-0277 • FAX (406) 586-4951
August 14, 2013
Chris Saunders
City of Bozeman Department of Community Development
PO Box 1230
Bozeman, MT 59771-1230
RE: The Crossing 2 Subdivision
Bozeman, Montana
Dear Mr. Saunders,
Please find attached the final plat application and narrative for The Crossing 2 Subdivision also
known as The Crossing at Baxter Meadows Subdivision, Phase 4B-4I. At this time only Phases
4B, 4C, 4D, 4E and 4I are being requested for final plat.
1. Final Plat Application.
2. Final Plat Application Fee of $4,700.
3. Final Plat Checklist.
4. Final Plat Drawings and Supplemental materials (4 copies).
5. Original copies of the:
a. Platting Certificate
b. Subdivision DEQ Approvals
c. County Weed Department MOU
In accordance with Item 2 of the Conditions of Preliminary Plat Approval, the following is our
narrative response to code provisions and the conditions of the preliminary plat approval:
PLANNING CODE PROVISIONS
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.
Response: Acknowledged
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b. The final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110, BMC. The Final Plat certificates shall be adjusted so the
Certificate of Dedication includes a perimeter metes and bounds legal description of each phase
of the 36.94-acre subdivision be platted, list the streets to be maintained by the City, and a
calculation table for required dedicated parkland and how requirements are being met.
Response: See Final Plat drawings (Tab 1). See Notices (Tab 7). A metes and bounds legal
description of the area being developed has been provided. Per previous conversations
with you, it is our understanding this meets the City intent of this condition.
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.
Response: Transfer of water rights to the City of Bozeman equal to 25 acre-feet is in the
process and we are only waiting on the documentation. Once documentation is received, it
will be forwarded to the Planning Department. Tim Cooper with the City of Bozeman
Legal Department has indicated final plat review can proceed. See Correspondence and
Approvals (Tab 4).
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.
Response: See Design Regulations, Page 12 (Tab 3).
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.
Response: See Design Regulations, Page 12 (Tab 3).
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.
Response: All utilities have been placed underground. Utilities and utility locations can be
found on the subdivision as-built drawings submitted to the City Engineering Department.
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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.
Response: See Design Regulations, Page 12 (Tab 3).
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
Response: All storm water is routed through storm drainage infrastructure including
manholes with sumps and detention ponds prior to discharge. Storm drainage
infrastructure can be found on the subdivision as-built drawings submitted to the City
Engineering Department. Storm drainage is not directly discharged to an irrigation
facility.
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.
Response: All subdivision detention ponds are contained within the common open space
areas and are to be owned and maintained by the property owner’s association. Storm
drainage infrastructure can be found on the subdivision as-built drawings submitted to the
City Engineering Department. See also Covenants, Page 15 (Tab 2).
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.
Response: Mail will be delivered to cluster box units. The location of cluster box units was
determined by the US Postal Service and approved by the City Engineering Department.
See Correspondence and Approvals (Tab 4).
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
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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.
Response: The subdivision SLID has been submitted to the City Clerk. The lighting plan
including pole locations and material details was submitted and approved during
preliminary plat.
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.
Response: See Design Regulations, Page 15 (Tab 3).
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.
Response: See Design Regulations, Page 24 (Tab 3).
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.
Response: See Landscape Plan and landscape as-built drawings (Tab 5). Water and sewer
service locations were approved during the infrastructure plan review.
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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.
Response: Detention storm water facilities are located in common open space and have
been designed where possible to be curvilinear. The ponds contain 1:4 side slopes and
average depths of less than 2 feet. Placement and design of the storm drainage
infrastructure was reviewed and approved by the City Engineering Department during the
infrastructure plan review.
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.
Response: The “Waiver of Park Maintenance District” was 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,
typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
Response: See Covenants, Page 15 (Tab 2).
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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.
Response: A 100-yr floodplain analysis was conducted for the subdivision. The 100-yr
floodplain study and delineation was provided to the City Engineering Department during
final plat and again during subdivision infrastructure plan review. The 100-yr floodplain
is shown on the final plat (Tab 1).
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.
Response: The required items are located in the Covenants, Bylaws and Design
Regulations. For setbacks, see Design Guidelines, Page 12 (Tab 3). For fences, see Design
Regulations, Page 13 (Tab 3). For maintenance, see Covenants, Page 15 (Tab 2). For site,
architectural and landscape requirements, see the Design Regulations, Pages 11-26 (Tab 3).
For landscape details, see the landscape plan (Tab 5). For the basement provision, see
Design Regulations, Page 16 (Tab 3). Noxious weed control is addresses in the Covenants,
Page 12 (Tab 2). For interior parking dimensions, see Design Regulations, Page 15 (Tab 3).
For assessments, see Covenants, Page 6 (Tab 2). For information about agricultural uses
and water, see Covenants, Pages 11-12 (Tab 2).
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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.
Response: The breakdown of improvements requiring an improvements agreement and
the associated costs is provided (Tab 6). It is our understanding the improvements will be
reviewed and an improvements agreement between the Developer and City will be created
during the Final Plat review. An unsigned improvements agreement application has been
provided for ease of review and execution.
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.”
Response: See Covenants, Pages 13-14 (Tab 2).
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.
Response: See Correspondence and Approvals (Tab 4).
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.
Response: Transfer of water rights to the City of Bozeman equal to 25 acre-feet is in the
process and we are only waiting on the documentation. Once documentation is received, it
will be forwarded to the Planning Department. Tim Cooper with the City of Bozeman
Legal Department has indicated final plat review can proceed. See Correspondence and
Approvals (Tab 4).
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x. Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
requirements, or common open space areas once the irrigation system is installed. The as-builts
shall include the exact locations and type of lines, including accurate depth, water source, heads,
electric valves, quick couplers, drains and control box.
Response: See Landscape Plan and landscape as-built drawings (Tab 5).
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.
Response: See Correspondence and Approvals (Tab 4).
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.
Response: Acknowledged.
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.
Response: Arrangements have been made with the Engineering Department to provide
addresses for individual lots. The requested documents have been sent to the City
Engineering Department. See Correspondence and Approvals (Tab 4).
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.
Response: The construction route was noted on the infrastructure plans and was approved
during the subdivision infrastructure plan review.
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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.
Response: Acknowledged.
ENGINEERING CODE PROVISIONS
1. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease, and other pollutants from the runoff from the private and public streets and all lots
must be provided to and approved by the City Engineer. The master plan must depict the
maximum sized retention/detention basin location, and locate and provide easements for
adequate drainage ways within the subdivision to transport runoff to the stormwater receiving
channel. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention
basin and discharge structure details, basin sizing calculations, and a stormwater maintenance
plan. Any stormwater ponds located within park or open space shall be designed and constructed
so as to be conducive to the normal use and maintenance of the park or open space. Storm water
ponds shall not be located on private lots. Detailed review of the final grading and drainage plan
and approval by the City Engineer will be required as part of the infrastructure plan and
specification review process.
Response: The storm water master plan was reviewed and approved by the City
Engineering Department during the subdivision infrastructure review. See
Correspondence and Approvals (Tab 4).
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.
Response: The subdivision storm water pollution prevention plan was submitted to the
City Engineering Department along with the Montana Department of Environmental
Quality. The City Engineering Office does not provide written approvals for storm water
management, the Montana Department of Environmental Quality approval has been
provided. See Correspondence and Approvals (Tab 4).
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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.
Response: The comprehensive design report was reviewed and approved by the City
Engineering Department during the subdivision infrastructure review. See
Correspondence and Approvals (Tab 4).
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.
Response: Acknowledged
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.
Response: Transfer of water rights to the City of Bozeman equal to 25 acre-feet is in the
process and we are only waiting on the documentation. Once documentation is received, it
will be forwarded to the Planning Department. Tim Cooper with the City of Bozeman
Legal Department has indicated final plat review can proceed. See Correspondence and
Approvals (Tab 4).
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.
Response: Acknowledged
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7. Any easements needed for the water and sewer main extensions shall be a minimum of 30
feet in width. While the final location of the water and sewer mains will be determined once the
final street widths are approved, in no case shall the utility be less than 10 feet from the edge of
the easement. All necessary easements shall be provided prior to final plat approval and shall be
shown on the plat. Wherever water and/or sewer mains are not located under or accessed from
improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities
to provide necessary access.
Response: Acknowledged
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.
Response: Acknowledged
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.
Response: Subdivision plans and specifications have been reviewed and approved by the
City of Bozeman Engineering Department and Montana Department of Environmental
Quality. See Correspondence and Approvals (Tab 4).
10. Street names must be approved by the City Engineer and county road office prior to final plat
submittal.
Response: Street names were reviewed and approved by the City Engineering Department
during preliminary plat.
11. All streets contained within the subdivision shall be within dedicated public right of way and
built to city standards.
Response: Acknowledged.
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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.
Response: Acknowledged.
13. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
Response: Mailbox locations were coordinated with City Engineering and US Postal
Service prior to installation. See Correspondence and Approvals (Tab 4).
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.
Response: Acknowledged, concurrent construction not requested.
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.
Response: Agency letters requesting any comments regarding the subdivision were issued
during the preliminary plat process.
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CONDITIONS OF SUBDIVISION APPROVAL
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.
Response: The final plat conforms to all requirements of the Montana Subdivision and
Platting Act. Mylar and digital copies of the plat are not being submitted at this time to
allow for City of Bozeman review. Upon City review and approval, signed mylar copies of
the plat along with digital copies will be submitted. It is understood this must occur prior
to filing the final plat.
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.
Response: A narrative is being provided.
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.
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Response: A signed notice for this condition is being submitted with the final plat
application. See Covenants, Page 15 for maintenance (Tab 2). See Covenants, Page 6 for
assessments (Tab 2).
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.
Response: See Design Regulations, Page 12 (Tab 3).
5. Lots located along Davis Lane shall have a 20-foot rear yard setback or 5-foot side yard
setback, whichever is applicable, that will be measured from the property line of each lot.
Response: See Design Regulations, Page 12 (Tab 3).
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.
Response: There is no parkland being dedicated within the boundary of The Crossing at
Baxter Meadows Phase 4B, 4C, 4D, 4E and 4I. Parkland is being met through excess
parkland associated with the “10 acre” park. A signed notice for this condition is being
submitted with the final plat application. See Notices (Tab 7).
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.
Response: Parkland is being met through excess parkland associated with the “10 acre”
park. See Condition 9.
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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.”
Response: See Notices (Tab 7).
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.
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.
Response: The Declaration of Baxter Meadows Central a Planned Unit Development
recorded as Document No. 2202827 in the office of Gallatin County Clerk and Recorder on
September 22, 2005, requires all property identified on Exhibit A and all property added to
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the Baxter Meadows Community by the Master or Community Declaration for the Baxter
Meadows Master Community (Doc. No. 2202827 p37 of 42). Lot 3 of Minor Subdivision
400 was added to the Baxter Meadows Master Community with the platting effective as of
May 8, 2007 as Phase 4 of Baxter Meadows. Pursuant to the Baxter Meadows Central
Property Owners Association as amended, Article 3, The Association, Section 3.1 every
person who is a Lot Owner of a fee interest in a lot which is subject to this Declaration is a
Member of the Association, which is appurtenant to the real property. With membership
the assessments, defined in Article I, Section 1.4(g) Common Expense Assessments shall
mean the Assessments for allocation of Common Expenses among lots and Owners
provided for in the Declaration and Act (Montana Subdivision and Platting Act). Each
lot in The Crossing 2 shall be assessed for the common open space and park land and trails
for maintenance thereof per the previously recorded documents for Baxter Meadows.
Luna Properties, 40 East Main Street, Ste. 210, Bozeman Montana 59715 Attention Cassie
(email cassie@lunaproperties.biz) confirms that each new lot in the Crossing 2 shall be
assessed for the parks, opens space and trails as well as the proportional participation in
the dedicated parkland of Baxter Meadows.
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.
Response: Acknowledged, references to dedicated open space and public park have been
removed and replaced with “Common Open Space.”
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.
Response: See Covenants, Pages 23-24 (Tab 2).
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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.
Response: Correspondence and Approvals (Tab 4).
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.”
Response: The required language has been provided on the plat and has also been added
to the Design Regulations, Page 16 (Tab 3).
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.
Response: Easements have been shown and dimensioned on the final plat. Easements have
been placed at all locations requested by the utility companies. See Correspondence and
Approvals (Tab 4).
15. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes
plans and specifications shall be provided for review and approval prior to final plat
approval. Fences located in the front, side or rear yard setback of properties adjacent to any
park or common open space shall not exceed a maximum height of four feet, and shall be of
an open construction designed in a manner to be consistent along all park land and open
space areas. This requirement with appropriate exhibits of fence types shall be addressed
and illustrated in the property owner’s association documents. The provisions in the
property owner’s association documents fulfilling this condition shall be considered
required by the City Commission pursuant to 38.38.030.A.5, BMC.
Response: See Design Regulations, beginning on Page 13 (Tab 3).
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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.
Response: See Design Regulations, beginning on Page 12 (Tab 3) for double frontage and
corner lot requirements. See Design Regulations, Page 13 (Tab 3) for fencing.
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.
Response: A 50-foot water course setback is shown on the final plat. Details can be seen on
the infrastructure as-built drawings submitted to the City Engineering Department and the
landscape plans. See Landscape Plan and landscape as-built drawings (Tab 5).
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).
Response: Common open space designations have been identified in a sequence of
designated alphabetical values as requested.
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.
Response: Acknowledged.
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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
Response: Acknowledged. The intersection of Baxter and Davis has been signed for a four
way stop. The signage plan was approved by the City Engineering Department during
infrastructure plan review.
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.”
Response: See Notices (Tab 7).
22. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Baxter Lane west of North 19th Avenue including paving,
curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
b. Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
c. Intersection control (e.g., signalization or round-about improvements at the intersection
of Baxter Lane and Davis Lane.
d. Signalization of the intersection of West Oak Street and Davis Lane
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer or successors in interest including purchasers of lots and
any party taking ownership of said lot through foreclosure, deed-in-lieu of foreclosure or any
other mechanism at law or in equity agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
Response: See Notices (Tab 7).
We trust that this information is sufficient for your review of the Crossing 2 Subdivision final
plat. Please call if you have any questions or if you need anything additional.
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Sincerely,
Thomas, Dean & Hoskins, Inc.
Kyle Scarr, P.E.
Project Engineer
J:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\DOCUMENTS\Final Plat Application\Crossing Final Plat App.doc
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Tabs
Final Plat and Platting Certificate ................................................ 1
Covenants and Bylaws ............................................................... 2
Design Regulations ..................................................................... 3
Correspondence Approvals ........................................................ 4
A. Mail Box Approvals (City & USPS)
B. Weed MOU
C. DEQ & COB Sub Approval
D. Address Correspondence
E. DEQ Storm Water Approval
F. Utility Correspondence
G. Parks and Recreation
H. City of Bozeman Legal Department
Landscape Plans & As-Builts ...................................................... 5
Improvements Estimate .............................................................. 6
Notices ....................................................................................... 7
Water Rights ............................................................................... 8
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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 STREETMARIAS LANE
DAVIS LANE
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.78
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.79
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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 STREETMARIAS LANE
DAVIS LANE
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.84
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.85
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