HomeMy WebLinkAboutAuthorize the Knoll at Baxter West Major Subdivision Final Plat1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Authorize the Director of Public Works to approve The Knoll at Baxter West
Major Subdivision Final Plat, Application P13036.
MEETING DATE: December 19, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for The Knoll at Baxter West Major Subdivision 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 March 25, 2013, the City Commission granted preliminary plat approval to
subdivide 26.214± 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 spaces, trails, and public streets. The developer has applied for final plat review and approval of the subdivision.
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 agreements. 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 subdivide have been paid.
Attached is a memorandum from Tom Rogers, Associate Planner, detailing how the conditions of
preliminary plat approval have been satisfied and recommending approval of the final plat application.
Said recommendation is contingent on receiving approval by the City Attorney’s Office. Part of this
final approval will be assurance that the County Treasurer has certified, 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.
Commission Memorandum
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2) Deny the final plat.
FISCAL EFFECTS: The applicant has submitted the required fees for this action. Cash-in-lieu of
water rights have been paid, land dedication for parkland was provided with the platting of the original Baxter West PUD subdivision. City sewer and water connection fees and other applicable impact fees will be collected for the new services when a building permit is issued for each of the residential lots.
Attachments: Staff’s Summary Review Final Plat Report compiled on December 12, 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: TOM ROGERS, AICP
SUBJECT: FINALSUBDIVISION PLAT REVIEW THE KNOLL AT BAXTER
WEST MAJOR SUBDIVISION; PLANNING FILE NO. P13036
DATE: DECEMBER 12, 2013
BMW LLC and C& H Engineering & Surveying, Inc. have made application to the City of Bozeman Department of Community Development for Final Plat review and approval for The Knoll at Baxter West, a 65 lot subdivision.
On March 25, 2013, the City Commission grated preliminary plat approval to subdivide 26.214± 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 spaces, trails, and public streets. Attached is a copy of the signed Findings of Fact and Order dated May 6, 2013.
The developer has applied for final plat review and approval for the subdivision to subdivide 26.214±
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 spaces, trails, and public streets. The
application includes an Improvements Agreement and financial guarantee for required subdivision related improvements that will not be completed with the filing of the final plat (i.e., sidewalks,
landscaping, and road improvements).
Based on the summary review provided below the Development Review Committee, the 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.
Three (3) original mylars of the Final Plat, original Platting Certificate, copy of the property owner
association documents and a copy of the Findings of Fact and Order are attached for your review. The
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 and Certificate of Completion "as to form". The applicant will then obtain the final
signatures on thy mylars (including obtaining the Certificate of County Treasurer that all taxes and
special assessments have been paid) prior to the Director of Public Works signing the mylars.
A complete application was submitted to the Community Development Department on October 29,
2013. Additional information was provided on November 18 and 22nd, 2013. Based on the applicant
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having submitted a complete application on November 22, 2013 for final plat review and approval, and
further finding that the application was deemed complete on November 22, 2013, the 45-day (working days) review period for this final plat would expire on January 24, 2013.
The conditions of preliminary plat approval, which are pertinent to this major subdivision, and how they
have been met, follow:
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 way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
Response: All required documents to file the final plat have been provided. Attached please find
three (3) mylar final plats, original Platting Certificate, and copies of all applicable documents
and exhibits necessary for your review. The City Engineer’s Office verified closure on the final plat on November 15, 2013.
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.
Response: A written narrative, exhibits and documents are included in the attached materials addressing the conditions of approval provided by the applicant. Please see attached see applicant
written narrative.
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.
Response: A written narrative, exhibits and documents are included in the attached materials
addressing the conditions of approval provided by the applicant. Please see attached see applicant
written narrative.
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
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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”.
Response: The required notation is shown on the face of the plat.
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.
Response: The required setback is not in The Knoll at Baxter West Design Regulations and Guideline (Section 3.3.C, page 6). However, an alterative setback is provide that exceeds this minim standard by providing a 50 foot Open Space area separating Harper Puckett Road and the residential lots.
6. Lots located along Harper Puckett Road shall have a 20-foot rear yard setback measured from the
property line of each lot.
Response: The required setback is included in The Knoll at Baxter West Design Regulations and Guideline (Section 3.3.C, page 6).
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.
Response: The table included does not appear to contain the required calculation and information. No numeric parkland calculations are provided, no method of parkland dedication is provided or shown on the final plat, and areas not credited towards parkland are omitted.
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).
Response: Each Open Space area is properly identified on the face of the plat.
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.
Response: The required parkland dedication is being provided through available parkland credits associated with previous phases of Baxter Meadows Subdivision. 1.95-acres were credited towards The Knoll at Baxter West, page 14 of the Staff Report File #P-12014 and page
6 on the Findings of Fact dated May 6, 2013.
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
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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: Article VI of the Design Regulations and Guidelines states homeowners and lot
owners are responsible to pay monthly assessment and are included in the Baxter Meadows Master Community Association. No specific reference The Knoll at Baxter West is participating in the maintenance of the 10-acre Park.
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.
Response: Condition to be met through execution of an Improvements Agreement. Subdivider
acknowledges the condition.
12. The final plat shall provide all necessary utility easements which shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. If rear or
side yard utility easements are not proposed the applicant shall provide written confirmation from
all applicable utility companies that rear or side yard easements are not required.
Response: Required easements locations have been being reviewed by the City Engineer’s Office.
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.
Response: Section 5.5.B of the Design Regulations and Guidelines includes the appropriate language.
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
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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: Section 5.5.B of the Design Regulations and Guidelines includes the appropriate
language to execute the aforementioned requirements.
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.
Response: The required setback is shown on the face of the plat.
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.
Response: Sufficient identification is shown on the face of the plat.
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”.
Response: The required language is shown on the face of the plat.
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.
Response: The Applicant notes the requirement.
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.
Response: The improvement to the east half of Harper Puckett Road is being financially guarantees and will be constructed by August 1, 2013. In addition, a concurrent construction plan is being utilized to allow construction prior to completion of this requirement.
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.
Response: The improvement to the east half of Harper Puckett Road is being financially
guarantees and will be constructed by August 1, 2013. The required right-of-way dedication is
shown on the face of the plat.
21. The sidewalks adjacent to Harper Puckett shall be 6’wide, and shall be installed at the time the
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street improvements are done.
Response: The improvement to the east half of Harper Puckett Road is being financially guarantees and will be constructed by August 1, 2013. Said trail will be required to be installed at the time of the construction of the road.
22. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Harper Puckett Road.
Response: The required notation is shown on the face of the plat.
23. The water main in Kimberwicke shall be extended to the center median in Harper Puckett Road for future looping purposes.
Response: The water main in Kimberwicke has been installed and reviewed by the City engineering Department.
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.
Response: The approved construction plans call for a six inch (6”) crushed base course.
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.
Response: The improvement to the east half of Harper Puckett Road is being financially guarantees and will be constructed by August 1, 2013.
Bozeman Municipal 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 Knoll at Baxter West Subdivision shall be in force for three years.
The preliminary plat for Meadow Creek Phase II was approved by the City Commission on May 6, 2013. The approval is in effect for three years (May 6, 2016).
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.
City Engineer’s Office has accepted the cash in-lieu of water rights for phase 2 as calculated by the applicant and provided written verification.
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.
Required notation is contained in The Knoll at Baxter West Design Regulations and Guidelines, Section 4.1.B.5.
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.
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Required notation is contained in The Knoll at Baxter West Design Regulations and Guidelines,
Section 3.3.C and 4.1.B.5.
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.
Applicant’s narrative notes this requirement. All utilities are proposed to be installed
underground; no overhead utilities are being proposed.
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.
Applicant provides said language on final plat and of the HOA documents.
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.
Applicant’s narrative acknowledges this regulatory standard and no runoff will discharge
directly into an irrigation facility.
h. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) owned and maintained by the property owner’s
association and noted accordingly in the protective covenants. Said facilities may be included in
the common open space area containing the Baxter Spring Ditch watercourse.
All detention ponds are located in common open space areas. The Common Land and Facility Maintenance Guarantee is included in Section 5.3.i of the Community Declaration for Baxter Meadows Master Community.
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.
Subdivider states that cluster mail box locations are being coordinated with USPS.
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.
The City Engineer’s Office has reviewed and approved the lighting plan for this subdivision.
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.
Required notation is contained in The Knoll at Baxter West Design Regulations and Guidelines,
Section 4.8.
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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.
Required language is contained in The Knoll at Baxter West Design Regulations and
Guidelines, Section 5.15.
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.
The required landscape plan has been submitted with the final plat application.
n. 38.26.050.L “Maximum Allowable Slope or Grade” – All areas identified in the subdivision for
the purposes of retention/detention storm water facilities shall be noted on the subdivision plat as “Common Open Space” owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the
Planning Office. All storm water facilities must be designed in a fashion that is landscaped as
effective landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or
25%, with an average depth of not more than two feet. All collection and outlet facilities must also be properly landscape and screened from the general public. All storm water facility outlet structures will be properly landscape and a minimum distance of not less than thirty (30) from any
watercourse high water mark will be required. Placement and design of the facilities will be
approved by both the City Engineer’s Office and Planning Office.
The storm water management pan has been reviewed and implemented according to City requirements as shown on the approved plans.
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.
The Applicant provided a copy of the required waiver (Document No. 2053095).
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.
A licensed professional engineering in the State of Montana provide verification that no mapped flood locations are on the subject property.
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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.
The developer is acknowledges these requirements.
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.
A draft copy of the HOA documents provides reference to the above disciplines. All aforementioned items are addressed in the documentation and/or explicitly addressed.
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.
All improvements not covered by The Knoll at Baxter West Improvements Agreements are
completed by the Developer. Improvements not completed are addressed in the attached Improvement Agreements.
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,
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construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot.”
The final plat and homeowner’s association documents include the required language.
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.
An updated weed control plan has been approved and a contract executed with a local weed control applicator. Written verification was provided with the final plat application.
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.
As-built drawings will be submitted with completion of improvements and prior to release of financial guarantee for said improvements.
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.
Applicant indicates they have obtained approval from DEQ.
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.
The developer acknowledges this requirement.
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 Applicant has made arrangements with the City Engineering Office to provide an addressing plan for this development.
Note: The Engineering Department has also reviewed and approved the “closure” of the final plat.
Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy
Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Copy of Two (2) Improvements Agreements
Copy of Financial Guarantees
Concurrent Construction Plan Copy of Findings of Fact and Order
cc: Mr. Walt Wolf, BMW LLC, 235 Green Hills Ranch Road, Bozeman, MT 59718
Mr. Taylor Balian, C& H Engineering & Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
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