HomeMy WebLinkAboutApprove the Baxter Meadows Planned Unit Developmen_4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Baxter Meadows PUD Phase 4 Major Subdivision Findings of Fact, #P-07011
MEETING DATE: July 2, 2007
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Baxter Meadows PUD Phase 4 Major Subdivision.
BACKGROUND: On June 18, 2007, the City Commission held a public hearing on an application for
preliminary approval of the Baxter Meadows PUD Phase 4 Major 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
73
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 MAJOR SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on June 18, 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 ~ 48 acres into 125 single household lots, one multi household lot, one community center
lot, as submitted in its original form on March 6, 2007, (#P-07011) and found to be adequate and
sufficient for continued review on April 3, 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 March 6, 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 Major Subdivision, a major subdivision to divide ~ 48 acres into 125 single
household lots, one multi household lot, one community center lot, on property zoned R-3
(Residential Medium Density District). The property is legally described as portion of Tract 4A-1,
Baxter Meadows PUD Phase 4 Major Subdivision Findings of Fact
74
COS 2202B, located in the Northeast 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 on April 27, 2007.
The notice was mailed to all adjoining property owners by certified mail on April 26, 2007. Notice
of the time and date of the public hearings was published in the Bozeman Daily Chronicle on
Sunday, April 29, Wednesday, May 2 and Sunday, May 13, 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 May 15,
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, on a vote of 7 to 0, recommends that Condition #1 be amended to read
as follows If “A” and “B” streets are found to be acceptable as private streets with right of ways of
less than 60 feet, they shall be subject to the following: The right-of-way widths of "A" Way and
"B" Street shall not be less than 55' wide. Any street with a ROW less than 60' wide shall be subject
to the following conditions; Planning Board, on a vote of 3 to 4, did not recommend that Condition
#5 be amended; and Planning Board, on a vote of 4 to 3, recommends that Condition #13 be
amended to read: Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be
granted, nor shall any preconstruction meetings be held or construction of any subdivision-related
infrastructure commence, until an appropriate fire station site within the area defined in the adopted
Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and
between Durston Road and Baxter Lane) has been secured. Planning Board encourages the applicant
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 2 of 14
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to facilitate the location of Fire Station #3 on the Regional Park. The Planning Board then voted on
a motion regarding the subdivision. The motion, to recommend approval of the subdivision with the
conditions as amended and as recommended by Staff, passed on a vote of 7 in favor and 0 in
opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
June 18, 2007, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-07011, 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 except Conditions #5 and #13.
There was no comment from the general public.
V.
The application was considered by the Bozeman City Commission and weighed against the
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.
The property is annexed, and has been zoned and master planned for residential development
for many years.
2. Effects on Agricultural Water User Facilities.
The applicant has indicated that agricultural water levels in the Spring Ditch will be
maintained. In addition, the Montana Fish, Wildlife and Parks, NRCS, Montana Department
of Environmental Quality, and Army Corps of Engineer's must be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final plat approval.
3. Effects on Local Services.
Water/Sewer: 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, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior
to final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 3 of 14
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must be paid prior to final plat approval.
Police/Fire: The property is 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.
In November 2006, the City Commission adopted the Bozeman Fire Protection Master Plan.
The Fire Master Plan identified current and future service delivery deficiencies and outlined
timetables for future facilities and staffing to address the growing community. The plan
strongly identified the immediate need for an additional fire station in the northwest quadrant
of the city (between Flanders Mill and 27th and between Durston and Baxter). To this end,
the Fire Department has chosen an architect, added additional firefighting personnel and is
actively pursuing long term funding for personnel and equipment. We have, however, been
unable to find a suitable location for Fire Station 3. Baxter Meadows Subdivision Phase 4 is
central in the service area of the new fire station and is outside of the service area of the
City’s existing fire stations. Until such a time as we are able to secure an appropriate fire
station site within the area defined in the Master Plan, we are unable to approve any
additional development in this area. Accordingly, we request that the following condition of
preliminary plat approval be applied to Baxter Meadows, Phase 4:
Plat #13. Final plat approval for Baxter Meadows Phase 4 shall not be granted, nor
shall any preconstruction meetings be held or construction of any subdivision-related
infrastructure commence, until an appropriate fire station site within the area defined
in the Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and
between Durston Road and Baxter Lane) has been secured.
The Fire Department is in negotiations with Gallatin County to locate the fire station in the
Regional Park. Therefore, on June 18, 2007, the Fire Department recommended that
Condition #13 be amended as follows:
Plat #13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall
not be granted until an appropriate fire station site within the area defined in the
adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and
North 27th Avenue, and between Durston Road and Baxter Lane) has been secured.
Subdivider shall enter into an agreement with the Fire Department whereby the
Subdivider shall design, construct, and warranty, the full design section of Vaquero
Lane (less sidewalk on south side of Vaquero) including a temporary cul-de-sac, and
the water main extension adjacent to and along the frontage of the proposed fire
station/911 center, located at the intersection of Vaquero and Davis Lane in the
Gallatin County Regional Park. The water main extension shall include a water
service stub to the site as directed by the City Engineering Department. Phase 1
infrastructure plans shall include these improvements and the extensions will be
made upon receiving a written request from the City Fire Department.
Streets: Access to the subdivision will be from Baxter Lane, Davis Lane, Vaquero Parkway
and proposed interior streets. 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
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 4 of 14
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drawings applies. No building permits will be issued prior substantial completion and City
acceptance of required street infrastructure improvements, unless otherwise permitted under
the BMC. Street improvements, including lighting, must be completed or financially
guaranteed prior to final plat approval.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. 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
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat. Based on the
geotechnical report provided, staff is recommending that 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.
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. The intent of the
regulations in the Bozeman Municipal Code 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 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 Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 5 of 14
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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
shall be addressed on the final plat:
a. 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. Nothing was provided from Qwest, and that letter will need to be provided
with the final plat application.
b. Per 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.
c. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin
County and City Engineer’s Department prior to final plat approval.
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 at the time of final plat recordation. A
copy of the executed documents shall be submitted with the final plat.
e. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles
of incorporation for the creation of a property owners’ association shall be submitted
with the final plat application 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.
f. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a
common area and facility maintenance plan and guarantee providing for the permanent
care and maintenance of all common areas and facilities, including but not limited to
open spaces, recreational areas, stormwater facilities, streets, trails, community centers
and parking lots. 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 submittal of the final plat.
g. 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
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 6 of 14
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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.
h. 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.
i. 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 shall include a digital copy (pdf) of the entire Final
Plat submittal.
j. 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.
k. 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
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 7 of 14
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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. All plans and specification shall comply with the current version (including
all addenda) of the City of Bozeman Design Standards and Specifications Policy and the
City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth
Edition that have been adopted at the time of approval of the plans and specifications.
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.
l. 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.
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.
m. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
n. 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.
o. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding
the proposed relocation and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch
relocation.
p. 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.
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 8 of 14
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q. Project phasing shall be clearly defined including installation of infrastructure.
r. 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.
s. 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.
t. 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.
u. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
A subdivision preapplication was submitted in April 4, 2006. The preapplication was
reviewed by the DRC on April 12, 19, and 26, 2006. The final preapplication letter was
mailed on May 5, 2006. The applicant had until May 5, 2007 to submit a preliminary plat
application.
A preliminary plat application was submitted on March 6, 2007 and the required
acceptability letter was sent on March 13, 2007. The preliminary plat was reviewed by the
DRC on March 21, 28 and April 3, 2007. The required adequacy letter was mailed on April
3, 2007. On the third and final week of DRC review, a conditional recommendation was
forwarded for consideration by the Planning Board and City Commission.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. Public notice for this application was
placed in the Bozeman Daily Chronicle on Sunday, April 29, Wednesday, May 2 and
Sunday, May 13, 2007. The site was posted with a public notice on April 27, 2007. 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 April 26, 2007.
The subdivision staff report was drafted and forwarded with a recommendation of
conditional approval to the Planning Board for consideration at its May 15, 2007, public
hearing. The City Commission made a final decision at a June 18, 2007 public hearing. A
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 9 of 14
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final decision for a major subdivision from a tract of record must be made within 60 working
days of the date it was deemed adequate or in this case by June 27, 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.
Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall
always be provided unless written confirmation is submitted to the Planning Department
from ALL utility companies providing service indicating that front yard easements are not
needed.
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.
Nothing was provided from Qwest, and that letter will need to be provided with the final
plat application.
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,
dedicated private streets or public easements.
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 Major Subdivision, for Baxter Meadows Development LP., be
approved subject to the following conditions:
1. The right-of-way widths of "A" Way and "B" Street shall not be less than 55' wide. Any street
with a ROW less than 60' wide shall be subject to the following conditions:
• Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to
the public.
• Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments
against all properties within the development, for street maintenance is established and the
funding levels will be adequate for all future private street maintenance.
Baxter Meadows PUD Phase 4 Major Subdivision: Findings of Fact 10 of 14
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• Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or
other perpetual legal instrument, acknowledging that the City will not assume dedication
and/or maintenance of the streets unless the street is brought up to City standards, or the
property owners have agreed to an assessment to fund improvements required to bring the
street up to City standards. The developer shall record the waiver, or other legal instrument,
at the time of final plat recordation, or prior to issuance of building permits if no final plat
recordation is required.
• Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and
scheduling, for all private streets, shall be provided, subject to Section 18.72.030.
2. Street light locations and specifications shall be provided to the City Engineer for review and
approval with the public improvements plans and specifications.
3. Street 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.
4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall
always be provided unless written confirmation is submitted to the Planning Department from
ALL utility companies providing service indicating that front yard easements are not needed.
5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the
net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL’s not
identified as a single household detached dwelling units on the preliminary plat shall be
designated as single household attached Restricted Size Dwelling Units within the multi family
lot, Lot 12, Block 7.
6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25
foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications.
7. Notes shall be included on the plat describing ownership and maintenance responsibility for
parks and/or 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.
8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer is due with the final plat.
9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park
dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of
48 dwelling units; at the time of subsequent development, when net residential density becomes
known, park dedication requirements shall be met for any additional density in accordance with
the BMC.
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10. The Final Plat shall include a notation that due to high ground water conditions in the area full or
partial basements are not recommended. 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.
11. 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.
12. 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.
13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an
appropriate fire station site within the area defined in the adopted Bozeman Fire Protection
Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston
Road and Baxter Lane) has been secured.
Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall
design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on south
side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and
along the frontage of the proposed fire station/911 center, located at the intersection of Vaquero
and Davis Lane in the Gallatin County Regional Park. The water main extension shall include a
water service stub to the site as directed by the City Engineering Department. Phase 1
infrastructure plans shall include these improvements and the extensions will be made upon
receiving a written request from the City Fire Department.
14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the
subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding
encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be
specified.
15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation
ditches. One section of the preliminary plat application refers to the Spring Ditch as a
Stream/Ditch, while another just a ditch. Evidence of the current classification shall be provided
and the stormwater dealt with accordingly.
16. Vaquero Parkway shall be constructed to meet the 35’ back of curb to back of curb local street
standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire
street section exclusive of the sidewalk on the adjoining properties side of the right of way shall
be constructed.
17. Warrants must be met in order to install the three way stop control at Vaquero and C Street as
stated in the preliminary plat approval.
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18. A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and
Baxter Lane.
19. All street light poles shall be installed a minimum of 10’ from any water or sewer main or
appurtenance.
20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single
source loops created by phasing will not be allowed.
21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6’wide, and shall be installed at the
time the street improvements are done.
22. The minimum right of way width that would be supported by Engineering under a relaxation
request would be 55’ with the proposed 31’ wide street section. This would provide for 6’ wide
boulevards for adequate snow storage and planting area. If this relaxation is approved, the
streets shall be privately maintained, and shown as such on the final plat, as shall any streets that
do not meet the City’s design standards (i.e. roll over curb).
23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway.
24. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The applicant
shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift
station. The agreement shall be filed with the final plat and shall apply to all heirs, successors,
and assigns. The agreement shall be subject to approval by the City Engineer and the City
Attorney.
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
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
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By:
Jeff Krauss, Mayor
ATTEST:
Brit Fontenot
Clerk of the Commission
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