HomeMy WebLinkAbout11-26-07_Approve Final Plat of Baxter Meadows Planned 23232_10
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Baxter Meadows PUD Phase 4A Major Subdivision Final Plat
MEETING DATE: November 26, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Baxter Meadows PUD Phase 4A Major 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 ~ 48 acres
into 34 lots, 2 private open space parcels, and one lot for further subdivision. The property is generally
located southeast of Baxter Lane and Vaquero Parkway. At its June 18, 2007, public hearing, the
Bozeman City Commission voted to conditionally approve the Baxter Meadows PUD Phase 4A Major
Subdivision Preliminary Plat. The applicant applied for final plat approval on September 28, 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
Commission Memorandum
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: November 9, 2007
RE: Baxter Meadows PUD Phase 4A Major Subdivision Final Plat (#P-07043/07011)
Attached please find the final plat submittal for the Baxter Meadows PUD Phase 4A Major
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, 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.
The preliminary plat for Baxter Meadows PUD Phase 4 Major Subdivision was conditionally
approved on June 18, 2007, and the Findings of Fact signed on August 7, 2006. The complete
final plat was submitted on September 28, 2007, with final corrections submitted on November
11, 2007. In accordance with 18.06.060, the final plat must be approved by the City Commission
within 45 working days. Baxter Meadows PUD Phase 4A Major Subdivision is generally
located southeast of Baxter Lane and Vaquero Parkway. The Baxter Meadows PUD Phase 4A
Major Subdivision was approved subject to the following conditions and code provisions.
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: Complied
with.
· 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.
· 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. The executed waiver will be
recorded with the final plat.
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· 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. Complied with.
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.
No SILD will be established, the POA is responsible for operation and maintenance.
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. Because Baxter Meadows is served by Lightnex (formerly Vivid), Qwest will not
respond to the request to waive front yard easements.
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. Complied with.
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. Complied with.
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. Complied with. No park land is provided
with this plat.
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. A check in the amount of $4,619.26 was submitted to the
Engineering Department to meet this condition.
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. Not applicable to this phase.
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
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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. Complied with.
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. Complied with.
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.
Complied with.
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. The MOU granting the Fire
Department the right to purchase the fire station site in the Regional Park was executed by
Gallatin County on October 9, 2007, and by the City of Bozeman on October 15, 2007.
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.
The executed agreement will be recorded with the final plat. A significant portion of the
improvements are already installed.
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. Complied with.
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. Complied with.
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. Complied with.
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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. Not part of Phase 4A, subject to Engineering
approval.
18. A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane
and Baxter Lane. Complied with.
19. All street light poles shall be installed a minimum of 10’ from any water or sewer main or
appurtenance. Complied with.
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. Complied with.
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. Complied with.
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). Complied with.
23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway.
Complied with.
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. The executed document will be recorded with the final plat.
Code Provision:
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. Because Baxter Meadows is served by Lightnex (formerly Vivid), Qwest will
not respond to the request to waive front yard easements.
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. Complied with.
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. Complied with.
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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. The executed document will be recorded
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. The executed documents will be
recorded with the final plat.
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. The executed documents will be recorded with 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 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.
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. The preliminary plat was granted conditional approved on June 18,
2007, and the final plat was submitted for review and approval on September 28, 2007.
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
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satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. Complied with.
j. 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),
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 Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Complied with.
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.
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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. Subject to executed Improvements
Agreement and Financial Guarantee to be recorded with Final Plat.
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. Subject to executed
Improvements Agreement and Financial Guarantee to be recorded with Final Plat.
m. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. Complied with.
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. Complied with.
o. Ditch relocation: Complied with.
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. Complied with.
q. Project phasing shall be clearly defined including installation of infrastructure. Complied
with.
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. Complied with.
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. Complied
with.
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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.
Complied with.
u. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications. 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.
TD&H, Inc., 215 West Mendenhall, Ste C-1, Bozeman, MT 59715
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