HomeMy WebLinkAbout06-25-07 Packet_Approve Final Plat of Baxter Meadows Planned Unit _5
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Baxter Meadows PUD Phase 6 Subdivision Final Plat
MEETING DATE: June 25, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Baxter Meadows PUD Phase 6 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 ~ 11 acres
into 49 single household lots, and 3 multi-household lots. The property is generally located northeast of
the intersection of Ferguson Avenue and Galloway Street. At its May 15, 2006, public hearing, the
Bozeman City Commission voted to conditionally approve the Baxter Meadows PUD Phase 6
Subdivision Preliminary Plat. The applicant applied for final plat approval on June 6, 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
APPROVED BY: Chris Kukulski, City Manager
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: May 30, 2007
RE: Baxter Meadows PUD Phase 6 Subdivision (#P-07018 / P-06015)
Attached please find the final plat submittal for the Baxter Meadows PUD Phase 6 Subdivision.
Attached you will find the Original Platting Certificate, four (4) signed mylars, one paper copy
and the full final plat submittal informatin. Bob Murray has reviewed the plat and Andy Kerr
checked the plat for closure.
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 preliminary plat was conditionally approved on May 15, 2006, and the Findings of Fact
were signed on August 28, 2006. The final plat was submitted on June 8, 2007. In accordance
with 18.06.060, the final plat must be approved by the City Commission no later than August 28,
2007. Baxter Meadows PUD Phase 6 Subdivision is located northeast of the intersection of
Ferguson Avenue and Galloway Street. The Baxter Meadows PUD Phase 6 Subdivision was
approved subject to the following conditions and code provisions.
Subdivision Conditions:
1. The developer may provide only 7.5% of the net buildable area in RSL’s subject to the
following conditions. Complied with.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet,
and shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of
living space or 900 if they are attached.
2. The east/west pedestrian rights-of-way in Blocks 15 and 16 shall be widened to 30 feet.
Complied with.
3. Lots adjacent to the pedestrian rights-of-way in Blocks 15 and 16 shall have 5 foot side yard
setbacks adjacent to the walkways. Complied with.
4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot. Complied with.
5. Additional park land shall be provided in the amount calculated at 5,768 square feet (lot
frontage (~ 412 feet) x 14 feet (parking on both sides of road) = ~ 5,768 square feet, if the
frontage of the park changes, this number will be recalculated). It is preferable to see the
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difference made up by expanding the East West PPW between Ferguson and Milkhouse to a
30’ wide dedicated trail corridor. Complied with.
6. Additional park land, cash in lieu or additional on-site park improvements shall be provided
to compensate for the cost of construction of the parking. Complied with, additional park
improvements were provided.
7. A street and traffic control signage plan for the subdivision shall be prepared and
implemented upon review and approval by the City Engineer, this shall include no parking
signage in the alleys and notification of mid-block pedestrian crossing. Complied with.
8. Sewer and water services shall be shown on the landscaping plan and park plan, and
approved by the Water/Sewer Superintendent. Complied with.
9. Trees shall not be located within 10 feet of sewer and water services. The park plans need to
remove the trees being planted within 10 feet of water and sewer services. Complied with.
10. Covenants shall address the requirements that a planting permit for street trees must be
submitted to the COB and utility locates obtained before any excavation begins in the COB
right of way. Complied with.
11. A concurrent construction plan that addresses all aspects of Section 18.74.030.D may be
submitted for review, evaluation and consideration by DRC. No occupancy shall be
permitted until required infrastructure improvements have been completed, and inspected and
accepted by the City, and all other conditions have been met. Complied with.
12. The street vision triangle diagram shall be corrected to show all street vision triangles.
Complied with.
13. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due
with the final plat. Complied with.
14. The following items shall be addressed in the Final Park Plan: Complied with, the Final
Park Plan was approved by the City Commission on September 25, 2006..
a. Sewer service is to be removed from the Park and the concrete “road” for servicing the
sewer is to be removed from the plan.
b. The Park shall be fully developed.
c. Any barriers, such as fences, hedges, etc., on private property adjacent to the park
boundary shall have a minimum setback of 6 feet from the edge of the park sidewalk to
provide a maintainable area.
d. All sidewalks adjacent to park land shall be constructed to a 6 foot width.
e. Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33% street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,768 square feet (lot
frontage (~ 412 feet) x 14 feet (parking on both sides of road) = ~ 5,768 square feet, if the
frontage of the park changes, this number will be recalculated) plus the cost of
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construction. It is preferable to see the difference made up by expanding the East West
PPW between Ferguson and Milkhouse to a 30’ wide dedicated trail corridor.
f. Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
g. A master plan, including a maintenance plan, shall be completed and submitted to the
City Parks Division for review and approval.
h. The developer shall be responsible for the development the park and trails, to include at a
minimum for park development, grading, 10 inches of amended soil, irrigation system
with water source, seeding and landscaping.
i. Preconstruction meetings shall be held prior to all work to be done on park or trails.
j. All materials and construction shall meet standards set by the City Parks Division.
k. Cash in lieu shall be based on requirements in Section 18.50.030.
l. Trails – As the Baxter Meadows development borders both the regional park and school
district property, and the Public Pedestrian Walkway (PPW) provides the only East-West
off road pedestrian connection between the Greenway Open Space and Ferguson Ave., its
design should receive special attention.
• The offsets that occur in the PPW at Gallatin Green Blvd. and at the 20’ alley should
be eliminated to provide improved continuity.
• The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing
with crossing and advanced crossing signs at either end.
• Curb cuts shall be provided at all street / trail connections.
• A 30’ trail easement for the East-West PPW would create a much safer, more
attractive, and user-friendly pedestrian passage.
m. The subdivider should address maintenance of the public pedestrian walkways in Block
16 which show 6’ sidewalks in a 10 or 12’ easement with 2 or 3’ lawn buffers on either
side. At this width, the buffers cannot be easily maintained. Either a larger buffer (6’)
minimum is recommended, or covenants requiring a 6’ setback from the sidewalk for any
barriers, such as fences, hedges.
15. 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.
16. 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, the Resolution of Intent was approved by the City
Commission on September 18, 2006.
17. The owner shall executed and submit the following documents prior to final plan approval:
Complied with.
a. A certification of completion and compliance stating that they understand any conditions
of approval and the submitted final site plans or master site plan have complied with any
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conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may
result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
18. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation
that due to high ground water conditions full or partial basements are not recommended.
Complied with.
19. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase. Complied with.
20. The owner shall executed and submit the following documents prior to final plan approval:
Complied with.
a. A certification of completion and compliance stating that they understand any conditions
of approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may
result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
21. 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.
Complied with.
22. Stormwater Master Plan: Complied with.
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),
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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.
23. 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. Complied with.
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.
24. 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.
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.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. Complied with.
26. Flood plain: Complied with.
a) The 100-year floodplain shall be delineated for the watercourse on the eastern boundary
of the subdivision. If flooding limits encroach onto proposed lots, it shall be noted on the
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final plat along with a minimum floor elevation for the structures to be constructed on the
lots.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final
Plat.
27. 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. Complied with.
28. 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.
29. Project phasing shall be clearly defined including installation of infrastructure. Complied
with.
30. 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.
31. 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
Bozeman Municipal Code. 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.
32. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman
Municipal Code. 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.
33. This property is in the Baxter Lane Signal payback district. The payback shall be made prior
to filing of the final plat. Complied with.
34. All improvements identified as necessary in the phase III traffic impact analysis shall also be
required for this phase. All improvements must be installed or financially guaranteed prior to
filing of the plat for this phase. No building permits will be issued until all improvements
required for the phase are installed and accepted unless approved for concurrent construction.
If concurrent construction is utilized, no occupancy will be allowed until the improvements
are installed and accepted. Complied with.
35. The sewer main to serve block 16 should be installed in the alley rather than the pocket park.
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All other utilities shall be prohibited from being installed within the alley right of way if the
sewer is located there. Complied with.
36. Easements shall be provided across lots 20, 21, 26, & 28, of block 16 for the future
maintenance of the water services to lots 21 & 27, block 16. The easements in conjunction
with the public pedestrian walkway corridor shall provide for a total width of 20’. Complied
with.
37. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Ferguson
Avenue. Complied with.
38. The COB design standards require a minimum of 6” crushed base course. The sections in the
geotechnical report only call for 5”. Revise accordingly. Complied with.
Subdivision Code Provisions
a. A qualified landscape professional shall either document that the current watercourse setback
planting plan meets the requirements of Section 18.42.100 or 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
adjacent to the park boundaries, this shall be included in the Park Plan. Complied with.
b. 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.
c. Documentation of satisfaction of park dedication requirements in accordance with Section
18.50.020 shall be provided. For the B-2 lots, if the subdivider indicates that the net
residential density of development is unknown, then the equivalent to an area dedication for
six dwellings per net acre shall be provided as cash-in-lieu, and the number of dwelling units
per lot for which cash-in-lieu has been paid shall be designated on the plat. Complied with.
d. 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.
e. 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 Municipal Code. Complied with.
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f. 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
Municipal Code. 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.
g. 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.
h. 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.
Complied with.
• The Wetlands Asset evaluation indicates that over time, the wetlands areas will require
shrub and tree replacement, and bi- to tri-yearly weed control measure. This needs to be
addressed in the Final Park Plan.
i. 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 on a double-sided,
high density 3-1/2" floppy disk; and five (5) paper prints. Complied with.
j. 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.
k. 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
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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.
l. 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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