HomeMy WebLinkAboutE14 Baxter Meadows PUD
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Baxter Meadows PUD Phase 3A Subdivision Final Plat (#P-05065)
MEETING DATE: November 6, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide ~ 52 acres into 75 lots
for single-household, residential conditional, park and open space uses. The property is generally located
northeast of the intersection of Baxter Lane and Harper Puckett Road. At its February 6, 2006, public hearing, the
Bozeman City Commission voted to conditionally approve the Baxter Meadows PUD Phase 3A Subdivision
Preliminary Plat. The applicant applied for final plat approval on October 3, 2006, and staff has concluded all
terms and conditions of preliminary plat approval have been met.
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 the state subdivision law and regulations 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.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Lanette Windemaker, Contract Planner, delineating how the conditions of preliminary plat
approval have been satisfied.
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Baxter Meadows PUD Phase 3A Subdivision, and authorizes the Director of Public
Service to execute the same on behalf of the City of Bozeman.
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: Review Memo to Tim Cooper, dated October 23, 2006.
MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: October 23, 2006
RE: Baxter Meadows PUD Phase 3A Subdivision (#P-05065)
Attached please find the final plat submittal for the Baxter Meadows PUD Phase 3A
Subdivision. Attached you will find the Original Platting Certificate, four (4) signed mylars, and
the full final plat submittal information with one paper copy. Bob Murray has reviewed the plat
and Andy Kerr checked the plat for closure. Please review, and advise me of your findings.
Planning is still working on the Final PUD Plan due to issues with the landscaping plans
(see code provision b), but we will have it approved prior to final plat approval and
recordation. Some public improvements have been financially guaranteed and therefore, a
notice of building permit restriction will be recorded with the final plat.
Please prepare a City Attorney’s Certificate using the attached ORIGINAL copy of the Platting
Certificate and approve the Certificates of Director of Public Service and Certificate of
Exclusion from MDEQ Review “as to form”. If you find this submittal acceptable, please place it
as an item on the next available City Commission Agenda. The final plat was submitted on
October 3, 2006. In accordance with 18.06.060, the final plat must be approved by the City
Commission no later than December 8, 2006.
Baxter Meadows PUD Phase 3A Subdivision is generally located northeast of Baxter Lane and
Harper Puckett Road. The Baxter Meadows PUD Phase 3A Subdivision was approved subject to
the following conditions.
Subdivision 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. Complied with.
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. Complied with.
3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. Not
applicable, all RSLs required for Phase 3A were provided off-site in Baxter Meadows
Phases 1 and 2C.
4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch
shall not be used to satisfy park land dedication requirements. (As amended by City
Commission.) Complied with.
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. Complied with.
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. Complied with.
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. Not applicable,
all RSLs required for Phase 3A were provided off-site in Baxter Meadows Phases 1 and
2C.
8. Street trees in the boulevards adjacent to the mid-block trail crossings shall be eliminated.
Complied with.
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. Complied with.
10. The Final Park Plan shall:
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”.
Complied with.
11. Sidewalks along park land shall be constructed to a six foot width to accommodate snow
removal equipment. Complied with.
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. Complied with.
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. Complied with.
14. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due
with the final plat. Complied with.
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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.” Complied
with.
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. Complied with.
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 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. Complied with and financially guaranteed.
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
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and specifications have been approved and a pre-construction conference has been
conducted. Complied with and financially guaranteed.
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. A notice of building permit restriction will be
filed with this final plat.
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. Complied with and financially
guaranteed.
20. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. Complied with.
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. Complied
with.
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. Complied with.
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.
Complied with.
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. Complied with.
24. Project phasing shall be clearly defined including installation of infrastructure. Complied
with.
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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. Complied with.
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. Complied
with.
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. Complied with.
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. Complied with.
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. Complied with and financially guaranteed.
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’. Deferred until Phase 3B in
accordance with letter from Andy Epple, dated July 24, 2006 (Tab 15).
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’.
Complied with and financially guaranteed.
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’. Complied with.
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. Complied with and
financially guaranteed.
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34. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Harper Pucket
Road and Baxter Lane. Complied with.
35. The water mains in Equestrian and Kimberwicke shall be extended to the center median in
Harper Pucket Road for future looping purposes. Complied with.
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. Complied
with.
Subdivision Code Provisions
a. Pursuant to 18.42.060, a minimum easement width of 10 feet shall be provided on each side
of irrigation pipelines and ditches. Complied with.
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.
Landscaping plans (to be approved as part of the Final PUD Plan) will need to be
corrected to comply with this.
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. Complied with.
d. Section 18.42.150.C, Subdivision lighting includes street lighting and pathway intersection
lighting. Complied with.
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. Complied with.
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. Complied with.
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. Complied with.
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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. Financially guaranteed.
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. Complied with.
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. Financially guaranteed.
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. Complied with.
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. Financially guaranteed.
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. Complied with.
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.
Complied with.
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.
Complied with.
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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.
Complied with.
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 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.
Approved by the City Commission on September 18, 2006.
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. Complied with.
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. Complied with.
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. Complied with.
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. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
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Full Final Plat Submittal
One paper Copy of Final Plat)
cc: Debbie Arkell, Director of Public Service; with copy of plat and memo.
Brit Fontenot, Clerk of Commission; with copy of plat and memo.
Baxter Meadows West, LLC, 3985 Valley Commons Dr., Bozeman, MT 59718
Geske Properties, LLC, 155 Bison Trail, Bozeman, MT 59718
T.D.&H, Inc., 215 West Mendenhall, Ste C-1, Bozeman, MT 59715
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