HomeMy WebLinkAbout23 - 05-07-2007_Approve Baxter Meadows Planned Unit Development Ph_23
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Baxter Meadows PUD Phase 4 Minor Subdivision Final Plat (#P-07004)
MEETING DATE: May 7, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Baxter Meadows PUD Phase 4 Minor Subdivision, and
authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide ~ 67 acres
into 4 lots for further subdivision. The property is generally located west of Davis Lane and on the north
and south sides of Baxter Lane. At its April 2, 2007, public hearing, the Bozeman City Commission
voted to conditionally approve the Baxter Meadows PUD Phase 4 Minor Subdivision Preliminary Plat.
The applicant applied for final plat approval on April 3, 2007, 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.
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 Tim Cooper at tcooper@bozeman.net if you have any questions prior to the
public hearing.
APPROVED BY: Chris Kukulski, City Manager
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: April 9, 2007
RE: Baxter Meadows PUD Phase 4 Minor Subdivision (#P-07004)
Attached please find the final plat submittal for the Baxter Meadows PUD Phase 4 Minor Subdivision.
Attached you will find the Original Platting Certificate, four (4) signed mylars, one paper copy and the
full final plat submittal information. Bob Murray has reviewed the plat and Andy Kerr checked the plat
for closure. Please review for completion, and advise me of your findings.
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.
Baxter Meadows PUD Phase 4 Minor Subdivision is generally located west of Davis Lane and on the
north and south sides of Baxter Lane. The Baxter Meadows PUD Phase 4 Minor Subdivision was
approved subject to the following conditions.
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. This condition is noted on the final plat and in addition, a
Notice of Building Permit Restriction will be recorded.
2. The zoning map amendment shall be approved by the Commission, but the ordinance need not be
finalized, prior to final plat approval. On the April 2, 2007, COB Commission consent agenda was
the item to provisionally adopt Ordinance 1702, Baxter Meadows Planned Unit Development
Zone Map Amendment #Z-07011 (Saunders).
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. The applicant is aware of this
condition.
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
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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
5. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to filing
of the final plat. A check in the amount of $6,288.71 was submitted to the Engineering Department
to meet this condition.
Code Provision:
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. The original document was executed, submitted and will be recorded 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. Complied with.
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. The preliminary plat was granted conditional
approved on April 2, 2007, and the final plat was submitted for review and approval on April 3,
2007.
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. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
Full Final Plat Submittal
One paper Copy of Final Plat
cc: Debbie Arkell, Director of Public Service with copy of plat.
Deanna Shannon, SID Accounting Clerk with a copy of plat.
Potter Clinton Development, Inc., 3985 Valley Commons Drive, Bozeman, MT 59718.
Baxter Meadows Development LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102.
T.D.&H, Inc., 215 West Mendenhall, Ste C-1, Bozeman, MT 59715
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