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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Baxter Meadow PUD Phase 3 Major Subdivision Findings of Fact, #P-05065
MEETING DATE: June 5, 2006
BACKGROUND: On February 6, 2006, the City Commission held a public hearing on an application
for preliminary approval of the Baxter Meadow PUD Phase 3 Major Subdivision. The Commission
approved the proposed subdivision, subject to conditions to ensure the final plat would comply with all
applicable regulations and all required criteria. State law provides that the governing body shall
“provide a written statement to the applicant detailing the circumstances of the condition imposition.”
The statement must include 1) the reason for the condition imposition; 2) the evidence that justifies the
condition imposition; and 3) information regarding the appeal process for the condition imposition.
Lanette Windemaker, Contract Planner, presented the subdivision application on behalf of the City of
Bozeman. She has prepared the Findings of Fact and Order to serve as the Commission’s statutorily
required written statement.
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Baxter Meadow PUD Phase 3 Major Subdivision.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Staff Attorney Chris Kukulski, City Manager
Attachments: Proposed Findings of Fact for Baxter Meadow PUD Phase 3 Major Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BAXTER
MEADOWS WEST, LLC, OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF BAXTER MEADOWS PUD
SUBDIVISION PHASE 3
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on February 6, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Unified Development
Ordinance. The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide ~83
acres into ~129 to 150 lots for single household residential use, roads, alleys, park and open space areas, as
submitted in its original form on November 8, 2005, (#P-05065). The Commission held a public hearing on
the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare,
including the recommendation of the planning board, to determine whether the plat should be approved,
conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this
application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On November 8, 2005, the applicant / owner, Baxter Meadows West, LLC, 3985 Valley Commons
Dr., Bozeman, MT 59718, submitted an application for approval to subdivide the Plat of Baxter Meadows
PUD Subdivision Phase 3, a major subdivision to develop ~129 to 150 lots for single household residential
use, roads, alleys, park and open space areas, on ~ 83 acres of property zoned R-1 (Residential Single-
Household, Low Density District) and RS (Residential Suburban). The applicant requested relaxation of
standards in the Bozeman Unified Development Ordinance for the following sections: 1)18.42.180.C,
Provision of Affordable Housing; to allow a residential subdivision to have less than the minimum of 10
percent of the net buildable acreage dedicated to Restricted Size Lots (RSLs); 2)18.16.040, Lot Area and
Width; to allow lots (Restricted Size Lots (RSLs) in Phase 3 to have a minimum lot width of 45 feet; and
3)18.50.070, Linear Parks; to allow the watercourse setback along the relocated portion of the Baxter-Border
Ditch to be used to satisfy park land dedication requirements. The property is legally described as Lots 1
and 2, Block 7, Baxter Meadows Subdivision PUD Phase 1 and Tract 1A of the amended plat of Baxter
Meadows Subdivision PUD Phase 1 Tract 1, located in the SW ¼ of Section 34, T1S, R5E, PMM, City of
Bozeman, Gallatin County, Montana.
II.
The comments of the Development Review Committee, along with those of Planning & Community
Development Staff, were incorporated into a Staff Report with suggested conditions of approval, which was
provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site. The notice was mailed to
all adjoining property owners by certified mail on December 29, 2005. Notice of the time and date of the
public hearings was published in the Bozeman Daily Chronicle on January 1, 2006 and January 8, 2006.
Said notice also served to inform interested persons that materials were available for review at the Bozeman
Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on January 18, 2006.
The Planning Board found that the application was properly submitted and reviewed under the procedures
of the Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which
justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public hearing. There was no comment from the general public.
Receiving no response, the Board closed the public hearing. The Board discussed and did not support the
relaxation to count the watercourse setback as park land. The Board discussed the street frontage of the park
and the adequacy of 68 percent street frontage. The Board discussed the conditions, and agreed that the
conditions outlined in the staff report were necessary. The Board, on a vote of 5 to 1, recommends to the
Bozeman City Commission that Condition #9 be stricken from the list of conditions. The Planning Board
then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision
with the conditions as recommended by Staff and with Condition #9 stricken from the list of conditions,
passed on a vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on February
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6, 2006, at which time the recommendation of the Planning Board, presented in Planning Board Resolution
# P-05065, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision.
There was no comment from the general public.
The Commission discussed requested relaxations, and the provision of affordable housing.
The Commission discussed the watercourse setback and its location wholly surrounded by park land.
The Commission discussed the park frontage and the removal of the five lots.
V.
The application was considered by the Bozeman City Commission and weighed against the review
criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of parcel
in cultivated crops or pastureland, most recently alfalfa.
2. Effects on Agricultural Water User Facilities.
The Maynard Border Pipeline runs through the project. It is not located within a recorded easement.
The applicant has proposed to move this pipeline to the open space corridor along the far western
property line. The Baxter-Border Ditch runs through the property. The ability of the Baxter-Border
Ditch to transport agricultural water will not be adversely impacted.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal
water and sewer systems.
Streets: Access to the subdivision will be from the existing Baxter Lane, Harper Puckett Road,, and
the proposed interior streets.
4. Effects on the Natural Environment.
Detailed information regarding stormwater management was addressed in the “Design Report for
Water, Sewer and Pavement Improvements” provided to the Engineering Department for review.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan
with the Gallatin County Weed Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse effects on
wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of groundwater
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degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated
natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting
Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. 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. The following
requirements are standards of the Unified Development Ordinance and shall be addressed on the
final plat:
a. Pursuant to 18.42.060, a minimum easement width of 10 feet shall be provided on each side of
irrigation pipelines and ditches.
b. Per Section 18.42.060.D.1.c, the planting of vegetation other than grass within the irrigation
facility easement is prohibited without the written permission of the facility owner.
c. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback
in located inside the park boundaries, this shall be included in the Park Plan.
d. Section 18.42.150.C, Subdivision lighting includes street lighting and pathway intersection
lighting.
e. Per Section 18.42.180 of the Bozeman Unified Development Ordinance and the adopted growth
policy, lands subdivided shall have not less than a minimum net density of six dwelling units per
acre. With 129 dwelling units, this subdivision has a net density of ~ 3.4 du/ac, and at 150
dwelling units, this subdivision has a net density of ~ 4 du/ac. However, staff interprets the
minimum net density of six dwelling units per acre as averaged over the entire Baxter Meadows
PUD.
f. Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that
will appear on a title search and include reference to the sunset provisions of Section 18.42.180.
g. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and
City Engineer’s Office prior to final plat approval.
h. Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed
by the subdivider to provide direct pedestrian access to the perimeters without street frontage.
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i. Per Section 18.50.060, the subdivider shall provide the additional land for a parking area based
on lot frontage (~ 922 feet) x 14 feet for ~ 12,908 square feet. The additional land for the
parking area may not be counted towards the final park land dedication. If the frontage of the
park changes, this number will be recalculated.
j. Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the
constructed parking area, an equivalent dollar value of non-parking improvements within the
park are provided according to the individual park plan.
k. Section 18.50.080.D states that storm water retention or detention facilities may be located
within a park but cannot count towards the final parkland dedication.
l. Section 18.50.080 states that the subdivider must decide on the improvements to be completed
by the subdivider prior Final Park Plan approval. At a minimum these improvements included;
leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf
type mowers, installing an underground irrigation system with well, boundary posts and
sidewalks. In addition, these improvements include the parking area or improvements in lieu,
the trail system to provide direct pedestrian access to the perimeter, and watercourse
landscaping.
m. Per Section 18.50.090, executed waivers of right to protest creation of special improvement
districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin
County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be
submitted with the final plan.
n. 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, provisions for assessment, maintenance,
repair and upkeep of common open space areas, public parkland/open space corridors,
stormwater facilities, public trails, snow removal, and other areas common to the association
pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance.
o. Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified
Development Ordinance. The same 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 days prior to filing
and recordation with the Gallatin County Clerk and Recorder.
p. A table showing the computed park areas shall be included on the final plat pursuant to Section
18.78.030.D. This table shall include but is not limited to detention/retention areas, watercourse,
wetlands, watercourse setbacks, park land, parking area and total area.
q. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for review
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prior to installation of any improvements or prior to Final Plat submission, whichever comes
first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P.
r. The Final Plat shall conform to all requirements of the Bozeman Unified Development
Ordinance 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 four (4) signed reproducible copies on a 3
mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided,
high density 3-1/2" floppy disk; and five (5) paper prints. The Certificate of Consent must be
changed to a Certificate of Dedication, Completion of Improvements and Surveyor Certificates
for conformance to the UDO.
s. Pursuant to Section 18.06.040.D.6, 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 for the City Commission’s consideration. The City Commission may, at the written
request of the developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the developer, provided for in §18.74.060, BMC.
t. If it is the developer’s intent to file the plat prior to installation, certification, and acceptance of
all required improvements by the City of Bozeman, 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% of the cost of the
remaining improvements.
u. 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 has been satisfactorily
addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision
and Platting Act.
The hearings before the Planning Board and the City Commission have been properly noticed, as
required in the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining
property owners by certified mail on December 29, 2005. The proposed project was noticed in the
Bozeman Daily Chronicle on January 1, 2006 and January 8, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
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All lots within the subdivision will have direct access to the dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the City Commission found
that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements
of the Montana Subdivision and Platting Act, and the Bozeman Unified Development Ordinance, if certain
conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the
imposition of the conditions ordered herein to ensure that the final plat complies with all applicable
regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Baxter
Meadows PUD Subdivision Phase 3, for Baxter Meadows LLC., be approved subject to the following
conditions:
1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to
Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the
subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to
3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage.
2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of
Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed
1,575 square feet.
3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet.
4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch may be used to
satisfy park land dedication requirements.
5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border
Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and
used to satisfy park land dedication requirements.
6. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less
than 200 feet to overcome specific disadvantages of orientation.
7. The number of lots in this subdivision may increase from 129 lots up to 150 lots to meet the requirement
for Restricted Size Lots (RSLs) pursuant to Section 18.42.180.
8. Street trees in the boulevards adjacent to the mid-block trail crossings shall be eliminated.
9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated
to provide additional park frontage.
10. The Final Park Plan shall:
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a) Be to a scale of 1-inch equals 20 feet but not less than 1-inch equals 100 feet.
b) Ensure that bridges have a minimum width of 36 inches.
c) Provide a trail system map/signage at the parking lot.
d) Contain the appropriate sections from the “Design Guidelines for City of Bozeman Parks”.
11. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal
equipment.
12. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public Access”.
Notes shall be included on the plat describing ownership and maintenance responsibility for both the
park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners
association; and open space, public access, owned by the landowners, maintained by the homeowners
association, etc.
13. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
14. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final
plat.
15. The Final Plat shall contain the following language on the plat, placing future landowners of individual
lots on notice of the presence of high groundwater in the area of the subdivision
“Due to relatively high ground water table within the areas of the subdivision, it is not
recommended that residential dwellings with full basements be constructed without first consulting
a professional engineer. If daylight basements are incorporated in the construction of residential
dwellings, they should not have a depth greater than three (3) feet below the top of the curb or
crown of the street from which it is served.”
16. The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. 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.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease
and other pollutants from the runoff from the private and public streets and all lots must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the stormwater
receiving channel. The plan shall include sufficient site grading and elevation information (particularly
for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin
and discharge structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to be
conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated
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by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.)
shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum site
development. Final facility sizing may be reviewed and reduced during design review of the FSP for
each lot.
18. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer
and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City
Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide
Professional Engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-construction conference
has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless all of the requirements of section 18.74.030.D are
met to allow for concurrent construction.
19. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and
related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior
to Final Plat approval.
20. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions
shall be noted as proposed.
City standard residential sidewalks shall be constructed on all public street frontages of a property prior
to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any
phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further
notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot. This condition shall be included on the plat and in the covenants for the
subdivision.
21. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army
Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval.
22. Ditch relocation:
a) The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed
relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to Final Plat approval.
b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
c) An easement shall be granted on the plat for the relocated irrigation ditch, and the existing
easements vacated.
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23. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the
utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge
of easement.
24. Project phasing shall be clearly defined including installation of infrastructure.
25. 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.
26. 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 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
27. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. 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.
28. Flanders Mill Road shall be paved to a 24’ wide county road section from the end of the existing asphalt
north of Durston Road to Baxter Lane provided the 24’ of asphalt can be centered in the existing right of
way without necessitating relocation of the ditch. If it cannot be done, the same limits of road shall be
overlaid with 4” of asphalt millings, treated with Reclamite, and chip sealed.
29. All improvements needed to provide adequate level of service for the analyzed intersections must be
installed with the project. This will require approval from the Montana Department of Transportation
for the required geometric improvements to the intersection of 19th and Oak.
30. 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’.
31. The north half of Baxter Lane shall be improved to the 2-Lane Minor Arterial standard along the entire
frontage of the subdivision. The required right of way dedication for Baxter is 50’.
32. The west half of Davis/Fowler shall be improved to the 5-Lane, 71’ back of curb to back of curb Minor
Arterial standard from Baxter to Oak. The required easement for Fowler/Davis is 50’.
33. The sidewalks adjacent to Harper Pucket, Baxter, and Davis/Fowler shall be 6’wide, and shall be
installed at the time the street improvements are done.
34. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Harper Pucket Road and
Baxter Lane.
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35. The water mains in Equestrian and Kimberwicke shall be extended to the center median in Harper
Pucket Road for future looping purposes.
36. The COB design standards require a minimum of 6” crushed base course. One of the alternative
sections in the geotech report only calls for 5”. Revise accordingly.
This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by
following the procedures of Section 76-3-625, M.C.A. Pursuant to Section 18.06.040.D.6, U.D.O,
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 effective from the date of adoption of these Findings by the City Commission. At the end of
this period the City Commission may, at the written request of the subdivider, extend its approval as
provided for in the Bozeman Unified Development Ordinance.
DATED this day of , 2006.
BOZEMAN CITY COMMISSION
By:
Jeff Krauss, Mayor
ATTEST: APPROVED AS TO FORM:
Brit Fontenot Tim Cooper
City Clerk Staff Attorney
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