HomeMy WebLinkAbout4-16-07 Packet Item_Approve Baxter Meadows Phase 4 Planned Unit Develo_7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Baxter Meadows PUD Phase 4 Minor Subdivision Findings of Fact, #P-07004
MEETING DATE: April 16, 2007
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Baxter Meadows PUD Phase 4 Minor Subdivision.
BACKGROUND: On April 2, 2007, the City Commission held a public hearing on an application for
preliminary approval of the Baxter Meadows PUD Phase 4 Minor 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.
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
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BAXTER
MEADOWS DEVELOPMENT LP., OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF BAXTER MEADOWS PUD PHASE
4 MINOR SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on April 2, 2007, 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 Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 67 acres into 4 lots for further subdivision, as submitted in its original form on January
16, 2007, (#P-07004) and found to be adequate and sufficient for continued review on February 12,
2007. 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 January 16, 2007, the applicant / owner, Baxter Meadows Development LP, 1500 Poly
Dr., Ste. 300, Billings, MT 59102., submitted an application for approval to subdivide the Baxter
Meadows PUD Phase 4 Minor Subdivision, a subsequent minor subdivision to divide ~ 67 acres into
4 lots for further subdivision, on property zoned R-3 (Residential Medium Density District), B-2
(Community Business District) and PLI (Public Lands and Institutions District). The property is
Baxter Meadows PUD Phase 4 Minor Subdivision Findings of Fact
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legally described as Lot 4A-1 of COS 2202B, located in the SE ¼ of Section 34, T1S, R5E and in
the NE ¼ of Section 3, T2S, 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 February 16, 2007. Notice of the time
and date of the public hearings was published in the Bozeman Daily Chronicle on February 21,
2007. 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 March 6,
2007. The Planning Board found that the application was properly submitted and reviewed under
the procedures of Title 18 of the Bozeman Municipal Code. 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. No members of the public were present
speaking in favor of or opposition to said Subdivision Preliminary Plat. The Board closed the public
hearing. 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, passed on a
vote of 5 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
April 2, 2007, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-07004, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and indicated
agreement with all conditions.
There was no comment from the general public.
V.
The application was considered by the Bozeman City Commission and weighed against the
Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 2 of 6
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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 barley.
2. Effects on Agricultural Water User Facilities.
The applicant has indicated that agricultural water levels in the Spring Ditch will be
maintained.
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 and Davis Lane.
4. Effects on the Natural Environment.
Stormwater management will be addressed at the time of further subdivision. 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 future development in the subdivision, the threat of
groundwater 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 Bozeman
Municipal Code. 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 Bozeman Municipal Code and
Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 3 of 6
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shall be addressed on the final plat:
a. 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
executed documents shall be submitted with the final plat.
b. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies;
and five (5) paper prints.
c. 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.
d. 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 Municipal Code. The notice was mailed to all adjoining
property owners by certified mail on February 16, 2007. The proposed project was noticed in
the Bozeman Daily Chronicle on February 21, 2007.
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.
All lots within the subdivision will have direct access to the dedicated public streets or
easements.
Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 4 of 6
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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 Title 18 of the Bozeman Municipal
Code, 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 Phase 4 Minor Subdivision, for Baxter Meadows Development LP., be
approved subject to the following conditions:
1. Building Permits will not be issued for any lot in this subdivision until all required on and off-
site improvements are completed and accepted by the City of Bozeman. No building or structure
requiring water or sewer facilities shall be utilized on any lot in this subdivision until this
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman.
2. The zoning map amendment shall be approved by the Commission, but the ordinance need not
be finalized, prior to final plat approval.
3. As further subdivision review is required before any portion of this subdivision can be
developed, the provision of water rights or cash in-lieu thereof as required in the Annexation
Agreement, shall be delayed until the property is further subdivided. If, through any relaxation of
this requirement, any portion of this minor subdivision is developed for any reason or use, ALL
water rights or cash in-lieu thereof for the entire minor subdivision must be provided prior to
issuance of final site plan approval and/or a building permit, whichever first occurs. Water
rights, or if water rights are not available cash-in-lieu thereof, are calculated by the City
Engineer.
4. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
5. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to
filing of the final plat.
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
Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 5 of 6
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18.06.040.D.6 of the Bozeman Municipal Code, 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 Title 18 of the
Bozeman Municipal Code.
DATED this day of , 2007.
BOZEMAN CITY COMMISSION
By:
Jeff Krauss, Mayor
ATTEST:
Brit Fontenot
Clerk of the Commission
Baxter Meadows PUD Phase 4 Minor Subdivision: Findings of Fact 6 of 6
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