HomeMy WebLinkAboutH5 Baxter Apartments
Report compiled on November 15, 2006
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Baxter Apartments Minor Subdivision Preliminary Plat Application
#P-06055
MEETING DATE: Monday, November 20, 2006
BACKGROUND: A phased Minor Subdivision Preliminary Plat application, with a variance to
subdivide 20.118 acres, located in the southeast corner of the intersection of North 27th Avenue and
Baxter Lane, to be subdivided in five phases into five (5) lots for residential uses and one (1)
common open space lot. The subject property contains the existing Baxter Apartments complex on
proposed Lot 1, with the remainder of the site being vacant. At their November 7, 2006 public
hearing the City of Bozeman Planning Board voted 8 in favor and 0 against to forward a
recommendation of conditional approval subject to 7 conditions.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
RECOMMENDATION: The City Commission conditionally approves this application, based on
the Planning Board’s recommendation of conditional approval, with the conditions listed on Page 2
of Planning Board Resolution #P-06055.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY:
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Planning Board Resolution #P-06055
Minutes of the Planning Board’s November 7, 2006 public hearing
Staff report
Aerial photo
Proposed phasing plan
Variance request
Applicant’s submittal materials
PLANNING BOARD & CITY COMMISSION STAFF REPORT
BAXTER APARTMENTS MINOR SUBDIVISION PRELIMINARY PLAT FILE NO. #P-06055
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 1
Item: Subdivision Preliminary Plat Application #P-06055 with a variance, to
subdivide 20.118 acres, located in the southeast corner of the
intersection of North 27th Avenue and Baxter Lane, into five (5) lots for
residential uses and one (1) common open space lot. A variance is
requested from Section 18.74.030 Completion of Improvements, to
allow the final plat for Phase I to be filed without constructing or
financially guaranteeing improvements to North 25th Avenue between
Baxter Lane and Trade Wind Lane.
Property Owner: Fairview Investments, LLC
1725 DeSales Street NW
Suite 900
Washington, DC 20036
Applicant: Farmhouse Partners – Baxter L.P.
2555 West College Street
Suite B
Bozeman, MT 59718
Representative: Engineering, Inc.
705 Osterman Drive
Bozeman MT 59715
Date/Time: Before the Bozeman Planning Board on Tuesday, November 7, 2006 at
7:00 PM in the City Commission Meeting Room, Bozeman City Hall,
411 East Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, November 20, 2006
at 6:00 PM in the Community Meeting Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Jody Sanford, Senior Planner
Recommendation: Conditional Approval
___________________________________________________________________________________
PROJECT LOCATION
The subject property is located in the southeast corner of the intersection of North 27th Avenue and Baxter
Lane, and is legally described as Tract 1 of Certificate of Survey No. 1256, located in the west half of the
northwest one-quarter of the northeast one-quarter of Section 2, T2S, R5E, PMM, Gallatin County,
Montana.
The property is annexed with a zoning designation of R-4 (Residential High Density District).
Please refer to the vicinity map on Page 2.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 2
PROPOSAL
A phased Minor Subdivision Preliminary Plat application with a variance has been submitted that would
allow 20.118 acres, located in the southeast corner of the intersection of North 27th Avenue and Baxter
Lane, to be subdivided in five phases into five (5) lots for residential uses and one (1) common open space
lot. The subject property contains the existing Baxter Apartments complex on proposed Lot 1, with the
remainder of the site being vacant. Access to the subdivision will be provided by Baxter Lane, North 27th
Avenue Trade Wind Lane and Tschache Lane which have all already been improved with construction of
the Baxter Apartments. Access will also be provided by new internal streets – North 25th Avenue and
Turbulence Lane – which will be constructed with later phases of this subdivision. No parkland dedication
is proposed as this is a minor subdivision, but installation of a trail will be required with Phase II.
A variance is requested from Section 18.74.030 Completion of Improvements, to allow the final plat for
Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue
between Baxter Lane and Trade Wind Lane. If the variance is not approved by the City Commission, the
applicant will need to install or financially guarantee these improvements prior to filing a final plat for Phase
I.
ZONING DESIGNATION & LAND USES
The subject property contains the existing Baxter Apartments complex on proposed Lot 1, with the
remainder of the site being vacant. The property is zoned R-4 (High Density Residential District).
The intent of the R-4 (Residential Medium Density) district is to provide for the development of one- to
five-household residential structures near service facilities within the City. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while reducing
the adverse effect of nonresidential uses.
The following land uses are adjacent to the subject property:
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 3
North: Vacant land that is part of the Gallatin Center development; annexed and zoned B-P
(Business Park District)
Church use; annexed and zoned R-1 (Residential Single-Household, Low Density District)
South: Vacant land and Rose Park; annexed and zoned R-3 (Residential Medium Density District)
East: Vacant land, but recently approved for a condominium development (Baxter Springs);
annexed and zoned R-4 (Residential High Density District)
West: Vacant land that is part of the West Winds development; annexed and zoned R-3
(Residential Medium Density District)
GROWTH POLICY DESIGNATION
The subject property has a Residential designation on the Future Land Use Map in the City’s growth policy
(Bozeman 2020 Community Plan). This designation is described as follows:
Residential. This category designates places where the primary activity is urban density
living quarters. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. The residential
designation also indicates that it is expected that development will occur within municipal
boundaries which may require annexation prior to development. The dwelling unit density
expected within this classification varies. It is expected that areas of higher density housing
would be likely to be located in proximity to commercial centers to facilitate the broadest
range of feasible transportation options for the greatest number of individuals and support
businesses within commercial centers. Low density areas should have an average minimum
density of six units per net acre. Medium density areas should have an average minimum
density of twelve units per net acre. High density areas should have an average minimum
density of eighteen units per net acre. A variety of housing types should be blended to
achieve the desired density with large areas of single type housing being discouraged. In
limited instances the strong presence of constraints and natural features such as floodplains
may cause an area to be designated for development at a lower density than normally
expected within this classification.
All residential housing should be arranged with consideration given to the existing character
of adjacent development, any natural constraints such as steep slopes, and in a fashion which
advances the overall goals of the Bozeman 2020 Community Plan. The residential
designation is intended to provide the principal locations for additional housing within the
Planning Area.
The following growth policy designations are adjacent to the subject property:
North: Vacant land that is part of the Gallatin Center development; designated Business Park
Church use; designated Residential
South: Vacant land and Rose Park; designated Residential and Parks, Open Space and Recreational
Lands, respectively
East: Vacant land, but recently approved for a condominium development (Baxter Springs);
designated Residential
West: Vacant land that is part of the West Winds development; designated Residential
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 4
PRELIMINARY PLAT SUPPLEMENTS
A subdivision pre-application for this project was reviewed by the Development Review Committee on
April 26, 2006. During the preapplication review, the following waivers were granted from Section
18.78.060, Additional Subdivision Preliminary Plat Supplements:
18.78.060.A, Surface Water 18.78.060.I, Agricultural Water User Facilities
18.78.060.B, Floodplains 18.78.060.J, Water & Sewer
18.78.060.D, Geology 18.78.060.N, Educational Facilities
18.78.060.E, Vegetation 18.78.060.P, Parks & Recreation Facilities
18.78.060.F, Wildlife 18.78.060.Q, Neighborhood Center Plan
18.78.060.G, Historical Features 18.78.060.R, Lighting Plan
18.78.060.H, Agriculture 18.78.060.S, Miscellaneous
The following supplemental items were not waived and have been provided as part of this preliminary plat
application:
17.78.060.C, Groundwater
17.78.060.K, Stormwater Management
17.78.060.L, Streets, Roads & Alleys
17.78.060.M, Utilities
17.78.060.O, Land Use
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or disapprove the
subdivision shall be whether the preliminary plat, public hearing, Planning Board advice and
recommendation, and additional information demonstrate that development of the subdivision complies
with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other adopted state
and local ordinances, including, but not limited to, applicable zoning requirements. The Montana
Subdivision and Platting Act, Section 76-3-608, establishes the following primary review criteria for the
governing body to consider when evaluating subdivisions. Planning Staff, the DRC, and other reviewing
agencies have made comments in relation to those and other criteria as described below, and have
recommended conditions as outlined at the end of this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The property is annexed, and has been zoned and master planned for Residential
development for many years. The property is currently not being used for agricultural uses,
and no on-going agricultural uses are nearby.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 5
3. Effects on Local Services
Water/Sewer. Water and sewer main extensions will be required to serve this development.
Therefore, the standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
water and sewer infrastructure improvements. Water and sewer main extensions must be
completed or financially guaranteed prior to final plat approval.
Water and sewer main extensions will be required to provide service to the lots of Phases 2
through 5. Project phasing must be clearly defined, including the installation of
infrastructure.
The location of existing water and sewer mains shall be properly depicted, and proposed
main extensions shall be noted as proposed.
Easements for water and sewer main extensions must be a minimum of 30 feet in width,
with the utility located in the center of the easements. In no case shall the utility be less than
10 feet from the edge of the easement.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. Therefore, water rights or cash-in-lieu thereof must be obtained with this
development unless already paid with annexation.
Police/Fire. The property is well within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Division
prior to filing of the final plat to facilitate fire and police response to the site.
Streets. Some street improvements will be required for this development. North 25th
Avenue must be constructed to a full City standard street, from Baxter Lane to Trade Wind
Lane, with Phase I unless a variance is granted by the City Commission. If the variance is
granted, that portion of North 25th must be constructed with Phase II along with the other
Phase II improvements.
The standard street improvement code requirements apply, including the requirements for
plans and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required street infrastructure improvements (with the exception of sidewalks). Required
street improvements (with the exception of sidewalks) must be completed or financially
guaranteed prior to final plat approval.
Project phasing must be clearly defined, including the installation of infrastructure.
A street lighting plan for the entire subdivision must be submitted with the final plat for
Phase I, and any required lighting for Phase I must be installed or financially guaranteed
prior to final plat approval. Building permits cannot be issued for each phase unless the
lights have been installed.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 6
Stormwater. The standard requirement for a Stormwater Master Plan applies to this project.
Parks/Trail. Since this is a minor subdivision, no parkland dedication is required or
proposed. However, the provision of parkland will be required upon further development
of Lots 2 through 5. The final plat for Phase I must show the location of a neighborhood
center for this subdivision, which could count towards future parkland dedication
requirements. The applicant has been advised to coordinate with the property owner to the
east to create a larger, more usable park. The Bozeman 2020 Community Plan and the
Transportation Plan show a trail corridor along the east side of the subject property. The
portion of the trail on the subject property must be constructed or financially guaranteed
prior to filing of the final plat for Phase II.
Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary
plat shows 10-foot utility easements being provided. Letters from the applicable utility
companies, except for Qwest, were provided indicating that service can be provided to this
new development.
4. Effects on the Natural Environment
As required, a noxious weed management and revegetation plan was provided with the
preliminary plat application. A Memorandum of Understanding must be entered into with
the County Weed Board prior to submittal of the final plat.
The Geotechnical Report provided with the application indicated the presence of a high
water table. Therefore, the following note shall be included on the final plat: “Due to high
ground water conditions full or partial basements are not recommended. Depth of crawl
space foundations must be minimized to the extent possible to limit water-related problems.
Buildings proposed for basements shall include Engineer Certification regarding depth of
ground water and soil conditions and proposed mitigation methods to be submitted with
each Building Permit.”
5. Effects on Wildlife and Wildlife Habitat
The applicants did not provide a letter from Montana Fish, Wildlife and Parks. However,
the impacts on wildlife and wildlife habitat should be minimal since the site is located in an
urbanized area.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the public
health, safety and general welfare. The subdivision has been reviewed and determined to be
in general compliance with the title. Any other conditions deemed necessary to ensure
compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision
and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and
the Bozeman Municipal Code.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 7
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. Pursuant to Section 18.42.020, the final plat for Phase I must include a neighborhood center
for this minor subdivision since it is greater than 10 net acres in size. The neighborhood
center must be at least 1 acre in size, and must be improved with the phase in which it is
contained. On the final plat, the neighborhood center will be labeled as common open
space, but upon further development of the property the designated neighborhood center
could be used to satisfy parkland dedication requirements.
2. Lot 5 is not in compliance with Section 18.42.040 in regards to block width and length. This
nonconformity must be addressed upon further development of this lot.
3. Pursuant to Section 18.42.100, a watercourse setback planting plan will be required with
upon further development of proposed Lots 4 and 5.
4. Pursuant to Section 18.42.120, off-street locations for mail delivery will need to be provided
upon further development of proposed Lots 2-5.
5. Pursuant to Section 18.42.150, subdivision lighting shall be provided for each phase with
provisions for fixture installation and operation. A subdivision lighting plan for all phases
shall be submitted with the final plat application for Phase I.
6. Section 18.42.180, Provision of Affordable Housing, must be addressed since the land being
subdivided for residential purposes is five acres or more in size. The final plat for Phase I
must be accompanied by a narrative explaining how this provision is being met or will be
met.
7. Pursuant to Section 18.44.110, developers shall install pathways in accordance with the
UDO, the growth policy, the transportation plan, and adopted Citywide park plan, and any
adopted Park Master Plan, and shall comply with the City of Bozeman design specifications.
8. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required for all phases
to be filed and of record with the Gallatin County Clerk and Recorder, if not already done
with the annexation.
9. Section 18.78.060.M requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be provided.
A letter from Qwest was not provided, and must be submitted prior to application for final
plat approval for Phases 2-5.
10. In accordance with Section 18.78.070, a Memorandum of Understanding for all phases shall
be entered into with the Weed Control District prior to submitting the final plat for Phase I.
A copy of the MOU shall be submitted with the final plat application for Phase I.
11. A final copy of the covenants, restrictions, and articles of incorporation for all phases shall
be submitted with the final plat application for Phase I for review and approval by the
Planning Department 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.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 8
12. 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.
13. 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.
14. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontage or other non-lot
frontage, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the final plat for the subdivision.
15. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
16. 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 FSP
approval.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 9
17. 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.
18. Project phasing shall be clearly defined including installation of infrastructure.
19. 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.
20. 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.
21. 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.
22. The final plat for each phase 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 correct certificates. Each 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.
23. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat for all phases
shall be in force for not more than one calendar year. 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.
24. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final 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 percent of the cost of the remaining
improvements.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 10
25. Pursuant to Section 18.06.060, 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, and specifically (tab, page, paragraph, etc.)
where this information can be found.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on April 4, 2006. The preapplication was reviewed by
the DRC on April 12, 19 and 26, 2006. The final preapplication letter was mailed on April 27, 2006.
The applicant had until April 27, 2007 to submit a preliminary plat application.
A preliminary plat application was submitted on September 12, 2006 and the required completeness
letter was sent on September 15, 2006. The preliminary plat was reviewed by the DRC on October
4, 11 and 18, 2006. The required adequacy letter was provided on October 18, 2006. On the third
and final week of DRC review, a favorable recommendation was forwarded for consideration by the
Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, October
22, 2006. The site was posted with a public notice on October 20, 2006. Finally, notice was sent to
adjacent property owners via certified mail, and to other property owners of record within 200 feet
of the subject property via first class mail, on October 20, 2006.
On October 30, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its November
7, 2006 public hearing. The City Commission will make a final decision at a November 20, 2006
public hearing. A final decision for a second or subsequent minor subdivision from a tract of record
must be made within 60 working days of the date it was deemed complete or in this case by
December 8, 2006. If the application is approved on November 20, 2006 then it will have taken 46
working days.
E. Provision of easements for the location and installation of any planned utilities.
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 10-
foot utility easements being provided. Letters from the applicable utility companies, except for
Qwest, were provided indicating that service can be provided to this new development.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from Baxter Lane, North 27th Avenue, Tschache Lane, North 25th
Avenue, Turbulence Lane and/or Trade Wind lane. All of which are proposed to be public streets.
All subdivisions must comply with the Montana Subdivision and Platting Act. The MSPA prohibits the
creation of a transferable lot that is less than 160 acres in size without subdivision review. In this case, the
applicants are proposing to create Lot 1, and a remainder that is less than 160 acres is size without installing
subdivision improvements. The City’s Legal staff has concluded that developers can create a remainder that
is 160 acres in size, without the installation of subdivision improvements, with the filing of a Remainder
Affidavit at the Clerk and Recorder’s Office.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 11
18.66.070 SUBDIVISION VARIANCES
A variance has been requested from Section 18.74.030 Completion of Improvements, to allow the final plat
for Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue
between Baxter Lane and Trade Wind Lane. If the variance is not approved by the City Commission, the
applicant will need to install or financially guarantee these improvements prior to filing a final plat for Phase
I.
Per Section 76-3-506, MCA, a variance to the UDO must be based on specific variance criteria, and may not
have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve
subdivision variances unless it makes findings based upon the evidence presented in each specific case that
the following review criteria are adequately addressed.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
The granting of this variance would not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties. The municipal code requires that streets be
constructed to ensure that adequate and concurrent access is provided to new subdivision lots, and
to ensure the timely development of the City’s street network. In this case, Lot 1 which comprises
Phase I is already developed. Lot 1 gains access from Trade Wind Lane, and has frontage on Baxter
Lane and North 27th Avenue. All three of these streets were improved when the Baxter Apartments
complex was developed. The Baxter Apartments was been functioning well without the
construction of North 25th Avenue, and the granting of this variance will not impact this. The
improvements to North 25th Avenue must be completed or financially guaranteed prior to the
further development of Phase II.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
Again, Lot 1 which comprises Phase I already has adequate access and frontage via Baxter Lane,
North 27th Avenue and Trade Wind Lane. All three of these streets were improved with the
development of the Baxter Apartments complex.
3. The variance will not cause a substantial increase in public costs.
This variance will not result in public costs. If this variance is granted, the developer will pay to
improve North 25th Avenue between Baxter Lane and Trade Wind Lane with Phase II of the
subdivision.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
This variance will not create any other nonconformity. Lot 1 which comprises Phase I already has
adequate access and frontage via Baxter Lane, North 27th Avenue and Trade Wind Lane. Delaying
the improvement of North 25th Avenue between Baxter Lane and Trade Wind Lane until Phase II
should not impact the functionality of the existing Baxter Apartments complex.
PUBLIC COMMENT
No public comment letters have been received regarding this application.
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 12
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions of approval do not include code requirements identified in the staff findings.
Mandatory compliance with the explicit terms of the Unified Development Ordinance does not constitute
conditions of approval. The conditions of approval may require compliance with more than the minimum
standards in order to conform to the physical and economic development of the City, and to the safety and
general welfare of the future lot owners and of the community at large. The applicant must comply with all
provisions of the Bozeman Municipal Code, which are applicable to this project.
The Development Review Committee finds that the Preliminary Plat application, with conditions, is in
general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the
Unified Development Ordinance. The Planning Board may provide advice and comments on the following
recommended conditions of approval:
1. 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.
2. The following note shall be included on the final plat: “Due to high ground water conditions full or
partial basements are not recommended. Depth of crawl space foundations must be minimized to
the extent possible to limit water-related problems. Buildings proposed for basements shall include
Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit.”
3. The remainder affidavit must be finalized, signed, notarized and filed with the final plat for Phase I.
4. The installation of a trail within the watercourse and trail easement shall be completed with Phase II.
The applicant shall meet with the Subdivision Review Committee of the Recreation and Parks
Advisory Board and the City Parks Department to determine the appropriate type, width,
construction specifications and location for the trail. The trail must be installed or financially
guaranteed prior to final plat approval for Phase II.
5. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be
provided with final plat approval, final site plan approval or the issuance of any building permits,
whichever occurs first.
6. North 25th Avenue shall be constructed from Baxter Lane to Trade Wind Lane to a full city
standard with Phase I unless the variance is granted by the City Commission. If the variance is
granted, that portion of 25th shall be constructed with Phase II along with the other required Phase
II infrastructure improvements.
7. Water and sewer main extensions will be required to provide service to the lots of Phases 2 through
5.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Unified Development Ordinance, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in compliance or
noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval,
conditional approval or denial of the preliminary plat application. The Board shall then provide advice and
#P-06055 Baxter Apartments Minor Subdivision Preliminary Plat Staff Report 13
comments to the Bozeman City Commission for its consideration at its Monday, November 20, 2006
hearing which begins at 6:00 PM. The Planning Board Resolution #P-06055 and minutes from the
Planning Board’s meeting will be forwarded to the City Commission and made a part of the Commission’s
record.
AS AN APPLICATION FOR A SECOND OR SUBSEQUENT MINOR SUBDIVISION FROM A
TRACT OF RECORD, THE PLANNING BOARD WILL MAKE A RECOMMENDATION TO
THE CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY
BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
ATTACHMENTS
Applicant’s submittal materials
Aerial photo
REPORT SENT TO
Fairview Investments, LLC, 1725 DeSales Street NW, Suite 900, Washington, DC 20036
Farmhouse Partners – Baxter L.P., 2555 West College Street, Suite B, Bozeman, MT 59718
Engineering, Inc., 705 Osterman Drive, Bozeman MT 59715
Baxter Apartments Minor Subdivision
1
RESOLUTION #P-06055
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FOR THE SUBDIVISION
OF 20.118 ACRES INTO FIVE (5) RESIDENTIAL LOTS AND ONE (1) COMMON OPEN
SPACE LOT IN THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH
27TH AVENUE AND BAXTER LANE. THE PROPERTY IS ZONED R-4 (RESIDENTIAL
HIGH DENSITY DISTRICT) AND IS LEGALLY DESCRIBED AS TRACT 1 OF
CERTIFICATE OF SURVEY NO. 1256, LOCATED IN THE WEST HALF OF THE
NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION
2, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, Fairview Investment, and the applicant, Farmhouse Partners – Baxter
L.P., submitted a Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat
Application to divide 20.118 acres into five (5) residential lots and one (1) common open space lot in the
southeast corner of the intersection of North 27th Avenue and Baxter Lane on land described as Tract 1
of Certificate of Survey No. 1256, located in the west half of the northwest one-quarter of the northeast
one-quarter of Section 2, T2S, R5E, PMM, Gallatin County, Montana; and
WHEREAS, the proposed Second or Subsequent Minor Subdivision from a Tract of Record
Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with
the procedures of Section 18.04 of the Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, November
7, 2006, to review the application and any written public testimony on the request for said Second or
Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application; and
WHEREAS, one member of the public spoke at the public hearing regarding trail corridors in
the area; and
WHEREAS, the City of Bozeman Planning Board discussed issued related to the provision of
water rights, the request variance, the timing of street improvements, and the timing of trail
improvements; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that with conditions the Second
or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application would comply
with those requirements; and
Baxter Apartments Minor Subdivision
2
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a
vote of 8-0, recommends to the Bozeman City Commission that the application to divide20.118 acres
into five (5) residential lots and one (1) common open space lot in the southeast corner of the
intersection of North 27th Avenue and Baxter Lane on land described as Tract 1 of Certificate of Survey
No. 1256, located in the west half of the northwest one-quarter of the northeast one-quarter of Section
2, T2S, R5E, PMM, Gallatin County, Montana, be conditionally approved subject to the following
conditions:
1. 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.
2. The following note shall be included on the final plat: “Due to high ground water conditions full
or partial basements are not recommended. Depth of crawl space foundations must be
minimized to the extent possible to limit water-related problems. Buildings proposed for
basements shall include Engineer Certification regarding depth of ground water and soil
conditions and proposed mitigation methods to be submitted with each Building Permit.”
3. The remainder affidavit must be finalized, signed, notarized and filed with the final plat for
Phase I.
4. The installation of a trail within the watercourse and trail easement shall be completed with the
next phase. The applicant shall meet with the Subdivision Review Committee of the Recreation
and Parks Advisory Board and the City Parks Department to determine the appropriate type,
width, construction specifications and location for the trail. The trail must be installed or
financially guaranteed prior to final plat approval for the next phase.
5. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall
be provided with final plat approval, final site plan approval or the issuance of any building
permits, whichever occurs first, for the remainder of the parcel except for Lot 1.
6. North 25th Avenue shall be constructed from Baxter Lane to Trade Wind Lane to a full city
standard with Phase I unless the variance is granted by the City Commission. If the variance is
granted, that portion of 25th shall be constructed with the next phase along with the other
infrastructure improvements required for the next phase.
7. Water and sewer main extensions will be required to provide service to the lots of Phases 2
through 5.
DATED THIS DAY OF , 2006 Resolution #P-06055
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Department of Planning & Community Development City of Bozeman Planning Board
Preliminary Plat Application
Bozeman, Montana
Tract 1 of
Certificate of Survey
No. 1256
Minor Subdivision
ENGINEERING, INC.
Consulting Engineers and Land
BILLINGS BOZEMAN ■
Fairview Investments, LLC
1725 DeSales Street NW, Suite 900
Washington, DC 20036
Prepared By:
Prepared For:
September 2006
BOZ_05028