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P14040, Staff Report for the Baxter Square Phase 3 Major Subdivision
UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Planning Board meeting is on October 21, 2014
City Commission meeting is on November 3, 2014
Project Description: The Baxter Square Phase 3 Major Subdivision, Preliminary Plat is for the
subdivision of approximately 2.57 acres into 22 townhouse lots, and the remaining area
as streets and open space.
Project Location: The property is legally described as tract the Southeast Quarter of the
Southwest Quarter of section 35, Township One South (T1S), Range Five East (R5E), P.M.M.,
12 less por Baxter Square Subdivision phase 1 & 2, Gallatin County, Montana. The subject
property is generally located north of the intersection of Sartain Street and Renee Way.
Recommendation: Approval with conditions
Recommended Motion: Recommended Motion for Preliminary Plat: Having reviewed the
application materials, considered public comment, the deliberations and recommendation of the
Planning Board at the October 21, 2014 Planning Board meeting, and the staff analysis, I hereby
adopt the findings presented in the staff report for P14040 and move to approve the preliminary
plat for the Baxter Square Phase 3 Major Subdivision requested in application P14040
authorizing to subdivide approximately 2.57 acres 22 townhouse lots with the remaining area as
streets and open space.
Report Date: October 14, 2014 (Updated October 22, 2014 for presentation to the City
Commission)
Staff Contact: Heather Davis, Associate Planner
Action Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
The applicant is subdividing approximately 2.57 acres into 22 townhouse residential lots (R-3),
and the remaining area as streets and common open space.
The property was originally part of the Baxter Square Planned Unit Development (PUD)
approved in 2003. At that time, the subject parcel included the entire horseshoe property around
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the existing open space and parkland. The PUD planned for a connected and coordinated
development around the open space and parkland. The PUD has expired and the property split
was into two lots with different owners. The subdivision’s roads and trail connections are
designed to accommodate future north/south/west development.
Parkland requirement was met through previous Baxter Square Subdivision Phase 1 and 2
parkland and cash-in-lieu dedication. When the original parkland dedication occurred, the
property was never deeded to the city. Staff is currently working with the property owner to
finalize this process.
No written public comment has been received regarding this project at the writing of this report.
One member of the public did provide verbal comments at the Planning Board meeting.
Planning Board:
The Planning Board conducted their public hearing on October 21, 2014. There was one member
of public who provided comment. The public comment was from the owner of an adjacent
property to the east. The primary comment provided was in regards to the concern about privacy
between the proposed townhomes and their house. The Planning Board considered the public
comment. They also recommended approval of the subdivision as a whole. The vote was 7-0 in
favor of the subdivision. The minutes from this meeting are attached to this report.
The video of the Planning Board meeting may be reviewed at:
http://www.avcaptureall.com/Sessions.aspx#session.1b056e1c-e9c5-4806-9e16-48196ba60340
The application begins at approximately 20 minutes after the beginning of the recording.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Planning Board: .................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 14
SECTION 5 - STAFF ANALYSIS ............................................................................................... 15
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 16
Preliminary Plat Supplements ........................................................................................... 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 27
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 27
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 28
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 29
FISCAL EFFECTS ....................................................................................................................... 29
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SECTION 1 - MAP SERIES
Project Location Map – 2012 Aerial Photo with Zoning
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute
conditions of approval. The conditions of approval may require compliance with more than the
minimum standards in order to conform to the physical and economic development of the City,
and to the safety and general welfare of the future lot owners and of the community at large. The
applicant must comply with all provisions of the Bozeman Municipal Code which are applicable
to this project.
Recommended Conditions of Approval:
Community Development Department:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) 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 three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two
(2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County
Clerk & Recorder’s office has elected to continue the existing medium requirements of 2
mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and
Recorder will file the new Conditions of Approval sheet as a separate document from the Plat.
2. 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.
3. 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 and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration, and recitals indicating that the property owners’ association bylaws and/or declaration of covenants, conditions and
restrictions include this property as being annexed into the existing Baxter Square
property owners association.
5. Property owners’ association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a
planting note stating that the planting hole shall be at least twice the diameter of the root
ball, that the root flare of the newly planted tree is visible and above ground, and there
should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
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6. Regular spacing of acceptable shrub species shall be installed along the south side of Lots 5D, 5C, 5B, and 5A to create a buffer between residential lots and parkland and shall be
shown on the final landscape plan.
7. Proposed Renee Way shall be dedicated as a tract in lieu of the proposed easement on the
Final Plat. The Final Plat shall reflect the updated parkland boundaries and Renee Way.
8. On the conditions of approval sheet of the final plat shall contain the following notation on its face: “Ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space lands
shall be that of the property owner’s association. Maintenance responsibility shall
include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other
common open space areas. All areas within the subdivision that are designated herein as
common open space including trails are for the use and enjoyment by residents of the
development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the
final plat for each phase of the subdivision the subdivider shall transfer ownership of all
common open space areas within each phase to the property owners’ association created
by the subdivider to maintain all common open space areas within Baxter Square Subdivision.”
9. Provide Class II Trail Sections for Open Space 1 & 2 with final plat application.
10. The final plat shall include a transfer of private improvements certificate to read
substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space
parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I,
(insert subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith, have been installed in
conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially
guaranteed and are covered by the subdivision improvements agreement accompanying
and recorded with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION
PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
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Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE BRIDGE & LAWN.)
The subdivider hereby grants ownership of all non-public infrastructure improvements to
the property owners association created by Document Number____________________.
(To be filled in when recorded)
By: _________ , Subdivider Date: ________________
Engineering:
11. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
i. Street improvements to Baxter Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
ii. Street improvements to N. 27th/Thomas Drive including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
iii. Signalization of the intersection of Baxter Road and N. 27th Ave.
iv. Signalization of the intersection of Baxter Road and Davis Lane.
12. The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
13. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
14. Street names must be approved by the City Engineer and Gallatin County road office
prior to final plat approval. 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.
15. All streets contained within the subdivision shall be within dedicated public right of way
and built to city standards.
16. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure.
17. The Bozeman Fire Department shall approve any proposed dead-end turnarounds to
assure they meet all necessary fire codes.
18. Any emergency fire turnarounds or fire lanes shall be adequately signed and striped.
19. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified.
20. Any proposed public street lighting shall be LED.
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21. Due to the depth of the existing sanitary sewer in this area any nonstandard designs and material submittals shall be reviewed and approved by the water/sewer superintendent.
22. The necessary right of way shall be dedicated with the final plat for the following streets:
i. Renee Way (local street) – 60 feet.
ii. Georgia Lane (local street) – 60 feet.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. Pursuant 38.38.020 and 38.38.030 BMC, 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 Department of Community Development. These covenants shall contain, but not be limited to, the following items:
1) provisions for snow removal, 2) guidelines that outline architectural and landscape
guidelines for each individual lot and/or phase of the subdivision, including placement of
boulevard trees, 3) common area maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, and 5) assessment of existing and future Special Improvement Districts.
b. These documents 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 Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County
Clerk and Recorder at the time of final plat recordation.
c. Pursuant 38.39.030 BMC, if it is the developers intent to file the plat prior to the
completion of all required improvements, 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
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 percent
of the cost of the remaining improvements.
d. Pursuant Section 38.23.030.D, BMC, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for
traffic safety. Further, homes on corner lots shall have the same orientation as homes on
lots on the interior of the block, unless otherwise approved through an overall
development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots.
e. Pursuant to Section 38.23.060, BMC, the final plat shall provide all necessary utility
easements and shall be described, dimensioned and shown on each subdivision block of
the final plat in their true and correct location. Any rear or side yard utility easements not
provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed.
f. Fences located in the front, side or rear yard setback of properties adjacent to any park or
publicly accessible open space shall not exceed a maximum height of four (4) feet, and
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shall be of an open construction designed in a manner to be consistent along all park land and open space areas. Proposed fencing or hedges shall conform to Section 38.23.130
“Fences, Walls and Hedges.” This requirement with appropriate exhibits of fence types
shall be addressed and illustrated in the property owners’ association documents, if
applicable. The documents shall include a single fence style acceptable to the City for locations fronting any public park.
g. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas in each phase
is required prior to the final plat application of that phase in accordance with the requirements of Section 38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing pedestrian walks.
h. Section 38.23.080.H BMC, stormwater retention/detention facilities in landscaped areas
shall be designed as landscape amenities. They shall be an organic feature with a natural,
curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plans, wet tolerant plant types and groupings of
boulders to create a functional, yet natural site feature. A cross section and landscape
detail of each facility shall be submitted with the final landscape plan for review and
approval. Facilities with a slope up to and including a ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area.
i. Documentation of compliance with the parkland dedication requirements of Section
38.27.020 BMC shall be provided with the final plat. A table showing the parkland
requirements for the Baxter Square, Phase 3 subdivision and the method of meeting the
parkland dedication for this subdivision shall be included on the conditions of approval sheet of the final plat as document acceptable to the City of Bozeman. A table shall be showing the amount of park area that has been provided for each parcel in each final plat.
j. Section 38.41.080.2.g.9 BMC requires 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/detention basin location, and
locate 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 sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the park or open
space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer
will be required as part of the infrastructure plan and specification review process.
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k. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer. The SMP requires submittals of an application form and a Storm Water
Management Plan in compliance with the City of Bozeman’s Storm Water Management
Ordinance #1763. The SMP is independent of any other storm water permitting required
from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development.
l. The transfer of water rights or the payment of cash in lieu of water rights shall be
provided in accordance to BMC section 38.23.180.
m. Section 32.23.070 BMC specifies plans and Specifications for water and sewer main
extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless concurrent construction is granted.
n. City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per BMC section 38.24.080, sidewalks will be installed prior to occupancy of any individual lots.
o. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are
found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Baxter Square Phase 3 Major Subdivision Preliminary Plat
File: P14040
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
August 27, September 3, and October 8, 2014 and as a result, finds that the application, with
conditions, is in general compliance with the adopted Growth Policy, the Montana Subdivision
and Platting Act and the Unified Development Code. The DRC recommended approval of the
preliminary plat application with conditions.
Planning Board
The Planning Board held a public hearing on the application on October 21, 2014. One member
of the public provided public comment. The Planning Board voted 7-0 to recommend
conditional approval of the application with the conditions provided in Planning Board
Resolution P14040. The meeting minutes are attached.
City Commission
The City Commission is scheduled to hold a public hearing and review the preliminary plat on
November 3, 2014.
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SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project, prior to receiving final plat approval. 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.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition number one, the final plat must comply with State
statute and the Bozeman Municipal Code including the newly adopted ARM’s from the State.
2) Compliance with 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 Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board shall
forward a recommendation in a Resolution to the City Commission who will make the final
decision on the applicant’s request.
A preliminary plat application was submitted on July 23, 2014 and was deemed acceptable for
initial review on September 22, 2014. The preliminary plat was reviewed by the DRC on
August 27, September 3, and October 8, 2014. The DRC and Staff determined the submittal
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contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on October 8, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 28, 2014. The site was posted with a public notice on September 29, 2014. Public
notice was sent to physically adjacent property owners via certified mail, and to all other
property owners of record within 200 feet of the subject property via first class mail, on October
1, 2014. No comments have been received as of the production date of this report.
On October 14, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on October 21, 2014 and the City Commission is scheduled to make a final
decision at their November 3, 2014 public hearing.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based upon the review of the DRC, all applicable regulations appear to be met. Pertinent code
provisions and site specific requirements are included in this report for City Commission
consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under item number 2 above and as required under Section 38.23.060.A BMC, all
easements, existing and proposed, shall be accurately depicted and addressed on the final plat
and in the final plat application. Therefore, all utilities and necessary utility easements will be
provided and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via curb cuts to perimeter streets.
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following
primary review criteria for the governing body to consider when evaluating subdivisions. Staff,
the DRC and other applicable review agencies have made comments in relation to those and
other criteria as described below, and have recommended conditions of approval as outlined at
the beginning of this staff report.
1) The effect on agriculture
The subject property is designated as Residential according to the City of Bozeman Community
Plan. The subject property is zoned for residential development. The overall unit size is too small
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for long term viable production. The area is zoned for residential development and has remained
fallow for several years awaiting development. Therefore, this subdivision will not have adverse
effects on agriculture.
2) The effect on Agricultural water user facilities
There are no changes or impacts identified to agricultural water user facilities located on the
subject property. There are no agricultural water facilities on or near the property.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. The
applicant has provided the necessary water and sewer design report for review by the City
Water/Sewer and Engineering Departments.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the City
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality. This subdivision requires an extension to the City sewer and water
services.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Access to the development is provided from Sartain Street to Renee Way and
Georgia Lane. The new extension of Renee Way and Georgia Lane will be classified as local city
roads and will be maintained by the City of Bozeman after the improvements have been
accepted. The local roads will be constructed to the city standard with a 60 foot dedicated right
of way, 31 feet from back of curb to back of curb, an 8.5 foot wide boulevard strip between the
curb and sidewalk, and 5 foot wide sidewalks. A city standard "t" turnaround will be installed at
the end of Georgia Lane that meets the fire department regulations. Access to the site as a whole
will be provided primarily from Baxter Lane. Baxter Lane is classified as a minor arterial
roadway. No modifications to the existing streets are proposed. There are no new intersections
with the surrounding major street network proposed with this subdivision.
Renee Way is proposed to exceed maximum block length. The BMC states that “block length
shall not be designed, unless otherwise impractical, to be more than 400 feet in length or less
than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography,
the presence of critical lands, access control, or adjacency to existing parks or open space”.
Baxter Square Phase 3 project is located between a public park and unannexed residential
neighborhood along Thomas Drive. It is not recommended that Georgia Lane be extended to the
east to breakup Renee Way’s block length. The recommendation to not extend Georgia Lane east
is due to the spacing of local streets intersecting onto a collector street i.e. Thomas Drive.
However, if the neighboring property to the west subdivides, Georgia Lane will be required to be
extended to the west. The next proposed dedicated cross road to the North is identified in a
conceptual future North Lot Layout Figure Below:
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Stormwater – The applicant submitted a preliminary design report for stormwater management
for review by the City Engineering Division. Surface runoff will be controlled by channeling
flows into a retention area. The retention pond will limit runoff to the predevelopment rates and
allow for percolation and aquifer recharge. The retention basin will filter sediments and oil
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reducing the potential for contamination of down gradient aquifers. The standard requirement for
a detailed review of the final grading and drainage plan, and approval by the City Engineer, will
be required as part of the infrastructure plan and specification review process prior to final plat
approval.
Police/Fire – The property is located 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 the final plat to facilitate emergency response to the site.
Parklands – Parkland requirements for the subdivision will be met with the existing parkland and
open space to the south and west of the subdivision. The parkland dedicated in previous phases
accounted for the future development of this property. When the original parkland dedication
occurred, the property was never deeded to the city. Staff is currently working with the property
owner to finalize this process.
The parkland dedication requirements for this subdivision will be satisfied with exiting public
parklands, common open space and cash in-lieu dedicated with final plat of Baxter Square Phase
1 and 2. At 0.03 acres of dedicated parkland per dwelling unit, the calculated parkland
dedication with this preliminary plat application would be 0.6600 acres. The parkland used to
satisfy parkland requirement with this subdivision includes existing Public Park 1 (1.2644 acres),
existing Public Park 2 (0.6262 acres), dedicated trail corridor (0.0749 acres), Phase 1 and 2 Open
Space (0.9943 acres), and cash-in-lieu for 0.52 acres (paid in 2007). A parks master plan was
reviewed and accepted by the Recreation and Parks Advisory Board (RPAB) and the City
Commission in 2005.
Existing parkland credit summary:
Previously Dedicated Land
Phase 1 Park 1 Area= 1.2644 acres
Phase 1 Park 2 Area= 0.6262 acres
Dedicated Trail Corridor = 0.0749 acres
Phase 1 and 2 Open Space = 0.9943 acres
Total Dedicated Parkland and Open Space = 2.9598 acres
Total Cash-in-Lieu = 0.5200 acres for a total dollar amount of $23,409
The above Previously Dedicated Land was accepted and approved by the City Commission on
August 11, 2003 for the Baxter Square Subdivision parkland requirement.
Current Layout Parkland Requirement Calculation
Phase 1= 37 d.u. x 0.03 acres/unit = 1.1100 acres
Phase 2= 23 d.u. x 0.03 acres/unit= 0.6900 acres
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Phase 3 = 22 d.u. x 0.03 acres/unit = 0.6600 acres
Total Parkland Required (phases 1-3)= 2.4600 acres
Total Parkland Dedicated= 2.9598 acres plus 0.52 acres of cash-in-lieu
Current Project
Parcel
Accepted Park and Open Space for parkland
requirement for Phases 1-4
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An Open Space Tract with a public access trail corridor is shown in the northwest corner of the
property. This will connect to the existing trail in the park and extend it to the north property line
providing trail connectivity for future development to the north. Installation of vegetative ground
cover, boulevard trees, and an irrigation system will be done prior to final plat along all external
perimeter streets and adjacent to public parks. This subdivision will annex into the existing
Baxter Square POA and contribute the ongoing maintenance and upkeep of the existing parks
and open space.
The proposed park area has less than 100% street frontage as required. The city may consider
and approve the installation of streets long less than 100 percent, but not less than 50 percent, of
the perimeter when necessary due to site constraint as in the case with this project. The project
also provides for direct pedestrian access to the perimeter without street frontage with a trail
connection. As there are private properties adjacent to the park the character of that boundary is
important. Condition six requires regular spacing of acceptable shrub species shall be installed
along the south side of Lots 5D, 5C, 5B, and 5A to create a buffer between residential lots and
parkland and shall be shown on the final landscape plan.
Adjacent Private Frontage vs Street Frontage Map
4) The effect on the Natural environment
This property is located in an area of the City which has been identified and developed for
residential uses at urban density and no changes are proposed that would impact the natural
Key
Street Frontage
Private Lot Frontage
Public access
Easement & trail connection
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environment. No significant physical or topographical features have been identified, (e.g.,
outcroppings, geological formations, steep slopes), on the subject property. No surface water
exists within the boundary of this project. No wetland areas were identified within the boundary
of Baxter Square Phase 3 project. The applicant has entered into an agreement for a Noxious
Weed Management Plan with the Gallatin County Weed Control District that is current as of July
9, 2014. High groundwater was identified onsite. A plat notation that reads “Due to the potential
of high ground water tables in the areas of the subdivision, it is not recommended that residential
dwellings or commercial structures with crawlspaces, full or partial basements be constructed
without first consulting a professional engineer licensed in the State of Montana and qualified in
the certification of residential and commercial construction.”
5) The effect on Wildlife and wildlife habitat
No known endangered species or critical game ranges have been identified on the subject
property. This area of the City has been identified and developed for urban purposes in a
location of the City where no physical features, established vegetation, or habitat exist, which
reduces the potential for development of any wildlife habitat. The property is in close proximity
of existing residential areas and likely wildlife would be common birds and rodents. Little cover
or shelter is available for wildlife.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
result, the DRC and Department of Community Development have reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on November 3, 2013.
With the pre-application plan review application, partial waivers were requested by the applicant
from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” The DRC
granted waivers to the supplemental information under 38.41.060, BMC with the pre-application
plan review application for: surface water, floodplains, groundwater, geology-soils-slopes,
vegetation, historical features, agriculture, agricultural water user facilities, land use,
neighborhood center, miscellaneous, and affordable housing. A waiver to the supplemental
information for water and sewer, wildlife, stormwater management, streets, roads and alleys,
utilities, and lighting plan were not granted. Staff offers the following summary comments on the
supplemental information required with Article 38.41, BMC.
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38.41.060.A.1 Surface Water
No surface water exists within the boundary of Baxter Square Phase 3. No wetland areas were
identified within the boundary of phase 3. No existing water bodies are proposed to be altered
with this subdivision. A stormwater retention pond will be located in the northwest corner of the
development. This retention pond will limit the post-development runoff to the pre-development
runoff rate. Water will be retained and allowed to percolate into the ground or evaporate. Design
of the retention ponds will be in accordance with the City of Bozeman Storm Water Master Plan
and Design Standards and Specification Policy.
38.41.060.A.2 Floodplains
The subject property is not located in a floodplain. The property that the proposed subdivision is
located on is part of an unprinted FEMA FIRM Map Number 30031 C0804D. The FEMA FIRM
map index indicates that the property is located in a "no special flood hazard area".
38.41.060.A.3 Groundwater
Depth to groundwater was measured in different locations on the property in 2004. The test pit
logs from the Phase 3 area indicate groundwater is located 5.5' to 8' below the ground surface.
Observations of construction over the past years have confirmed these groundwater depths. As
discussed in the report the fluctuations of groundwater depth can be attributed to the season,
irrigation and land use. Due to shallow groundwater elevations dewatering for all utilities and
foundation construction will likely be required. The consulting engineer recommends
groundwater mitigation systems for all subterranean foundation construction for dwellings. A
final plat notation that reads “Due to the potential of high ground water tables in the areas of the
subdivision, it is not recommended that residential dwellings or commercial structures with
crawlspaces, full or partial basements be constructed without first consulting a professional
engineer licensed in the State of Montana and qualified in the certification of residential and
commercial construction.” Installation of municipal water and sanitary sewer services will
greatly reduce any concerns regarding the potential of groundwater degradation.
38.41.060.A.4 Geology, Soils and Slopes
The site is located on the Bozeman alluvial fan complex, an extensive Quaternary-aged, geologic
formation covering much of the southeastern corner of the Gallatin Valley. According to
published literature, it is composed of a heterogeneous mixture of fine to coarse-grained
sediments (ranging in size from clays to boulders) eroded from the southward lying Gallatin
Range, transported into the valley by fluvial processes, and deposited as a thick accumulation of
intermixed materials. Well-graded, sandy gravels (with abundant cobbles) predominately
comprise the deposit; however, occasional lenses of fine sands, silts and clays are encountered.
Gravels are usually encountered at depths of less than ten feet below the ground surface and are
typically over lain by a variable thick silt/clay layer of primarily flood-plain origin. The shallow
fine-grained soils are often blanketed by organic-rich topsoil. Underlying the alluvial fan deposit
are semi-consolidated beds of Tertiary-aged clays, silts, sands, and gravels, which are considered
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to be "bedrock". In the vicinity of the site, the depth to bedrock is generally greater than 100 feet
below the ground surface.
Based on previously completed geotechnical report, it appears soil conditions are consistent with
the mapped geology as described above. Generally, the soil stratigraphy (with increasing depth)
consisted of the following three distinct layers: black topsoil, brown silt, and gravel deposits.
Depending on test pit location, the topsoil thickness ranged from one to three feet, while gravel
depths extended between seven and eight feet below the ground surface. The intermediate layer
of silt had a non-uniform thickness across the site. For a complete and detailed summary of the
site's soil conditions, see the geotechnical report in the application materials.
Other than high groundwater and the need to dewater areas for utility installation addressed in
the previous supplement, there does not appear to be anything in the geotechnical report that
indicates any geologic hazards. The Building Department will require a soils report for each lot
prior to approving a building permit.
38.41.060.A.5 Vegetation
A partial waiver was granted for vegetation. The site vegetation consists mostly of native grasses
and weeds. No critical plant communities are found within or adjacent to the proposed
development. A noxious weed plan has been prepared and approved by the Gallatin County
Weed District. A copy of the approved plan in included in Appendix 5 of the applicant materials.
38.41.060.A.6 Wildlife
No known endangered species or critical game ranges have been identified in the area. The
property is in close proximity of existing residential areas and likely wildlife would be common
birds and rodents. Little cover or shelter is available for wildlife as the property is a grass field.
Montana Fish Wildlife and Parks was contacted regarding the subdivision and they responded
with no Fisheries or Wildlife comments at this time.
38.41.060.A.7 Historical Features
A partial waiver was granted for Historic Features. No historical structures are on the property.
Any artifacts or historical features discovered during construction should be preserved and the
City and SHPO shall be contacted prior to continued construction.
38.41.060.A.8 Agriculture
The 119 acre phase 3 subdivision consists of approximately 160 acres in planted barley and
vacant cropland. Due to fractured ownership of the surrounding properties and adjacent
development the site is no longer considered a viable farm unit. The adopted Growth Policy
identifies this property as Residential. The City Commission approved the residential zoning on
the property with the annexation. The zoning designations and adopted Growth Policy do not
contemplate agricultural uses for this property. The property to the west of the subdivision is in
agricultural production and within a conservation easement. A buffer park and street is provided
per the approved Norton East Ranch master plan to provide separation of the uses.
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38.41.060.A.9 Agricultural Water User Facilities
There are no agricultural water user facilities on the subject property.
38.41.060.A.10 Water and Sewer
Adequate capacity exists to service the subdivision. Municipal water and sewer mains exist in
the adjacent street right-of-ways. The applicant has provided the necessary water and sewer
design report for review by the City Water/Sewer and Engineering Divisions. Final approval of
the water distribution system and sewage collection/disposal system will be obtained through
normal approval procedures of preliminary and final plat review by the City Engineering
Division, Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
The property generally slopes from south to north, curb and gutter will convey stormwater from
the street network to a stormwater retention pond located in the northwest corner of the property.
Final approval of the stormwater system will be obtained through the City Engineering Division.
38.41.060.A.12 Streets, Roads and Alleys
The DRC has determined that the adjacent streets have capacity to accommodate this
development. Access to the development is provided from Sartain Street to Renee Way and
Georgia Lane. The new extension of Renee Way and Georgia Lane will be classified as local city
roads and will be maintained by the City of Bozeman after the improvements have been
accepted. The local roads will be constructed to the city standard with a 60 foot dedicated right
of way, 31 feet from back of curb to back of curb, an 8.5 foot wide boulevard strip between the
curb and sidewalk, and 5 foot wide sidewalks. A city standard "t" turnaround will be installed at
the end of Georgia Lane that meets the fire department regulations. Access to the site as a whole
will be provided primarily from Baxter Lane. Baxter Lane is classified as a minor arterial
roadway. No modifications to the existing streets are proposed. There are no new intersections
with the surrounding major street network proposed with this subdivision. The ownership and
maintenance of all streets will be accepted by the City of Bozeman. A Traffic Impact Study is
not required for this subdivision. Improvements to existing roads were completed with the initial
phases of Baxter Square and accounted for the future Phase 3 traffic.
Sidewalks are proposed within the development and around the perimeter of the subdivision.
Final approval of the sidewalk improvement plans will be obtained through the City Engineering
Department. The existing class II trail through the public park will be extended through Baxter
Square Phase 3 to the north. The proposed trail will be expanded to connect with future
development to the north.
38.41.060.A.13 Utilities
The gas, electric, phone and fiber optic services will be extended into the subdivision from the
existing internal and perimeter streets. All private utilities servicing the subdivision will be
installed underground. The standard utility easements have been provided with the preliminary
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plat. The final plat includes the easement notation required with the Certificate of Dedication as
set forth in the Unified Development Code. All utilities will be required to coordinate their
installation and location with the installation of the infrastructure. The DRC and local review
agencies did not identify any potential impacts and/or concerns with providing private utilities to
the subdivision.
38.41.060.A.14 Educational Facilities
The applicant solicited comments from the Bozeman School District and received a letter
confirming that the Bozeman school District could accommodate the new students anticipated to
come from this subdivision. The subdivision is in the Emily Dickinson Elementary School,
Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated
that the existing bus system can accommodate the estimated number of additional students.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The proposed Baxter Square Subdivision, Phase
3 is a 22-lot major subdivision. The development is proposed to contain 22 single family
residential townhouse lots. The property has zoning designation of R-3.
38.41.060.A.16 Parks and Recreation Facilities
Parkland requirements for the subdivision will be met with the existing parkland and open space
to the south and west of the subdivision. The parkland dedicated in previous phases accounted
for the future development of this property. The parkland dedication requirements for this
subdivision will be satisfied with exiting public parklands, common open space and cash in-lieu
dedicated with final plat of Baxter Square Phase 1 and 2. At 0.03 acres of dedicated parkland per
dwelling unit, the calculated parkland dedication with this preliminary plat application would be
0.6600 acres. The parkland used to satisfy parkland requirement with this subdivision includes
existing Public Park 1 (1.2644 acres), existing Public Park 2 (0.6262 acres), dedicated trail
corridor (0.0749 acres), Phase 1 and 2 Open Space (0.9943 acres), and cash-in-lieu for 0.52 acres
(paid in 2007). A parks master plan was reviewed and accepted by the Recreation and Parks
Advisory Board (RPAB) and the City Commission in 2005. See section applicable Subdivision
Review Criteria, Section 38.03.040, BMC #4 for more detail.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The development is less than 10 acres and per
Bozeman Municipal Code, a neighborhood center is not needed. Supplemental information
waived by the DRC.
38.41.060.A.18 Lighting Plan
Street lights are proposed around the perimeter of the subdivision. Internally, street lights are
being proposed at all intersections in accordance with the City of Bozeman Design Standards and
Specifications Policy. Final approval of the lighting system will be obtained through the City
Engineering Division at infrastructure plan review.
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38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article
10.08, BMC, has been suspended by the City Commission.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium
Density District). The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. It should provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. This designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The Baxter Square Phase 3 Major Subdivision, Preliminary Plat is for the subdivision of
approximately 2.57 acres into 22 townhouse residential lots, and the remaining area as streets,
and common open space.
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Project Background
The Baxter Square Phase 3 property was originally part of the Baxter Square Planned Unit
Development (PUD) approved in 2003, which included the developed Baxter Square Phase 1 and
Phase 2. Baxter Square PUD has since expired. Therefore, Baxter Square Phase 3 Major
Subdivision Preliminary Plat is a separate new application.
The property was originally part of the Baxter Square Planned Unit Development (PUD)
approved in 2003. At that time, the subject parcel included the entire horseshoe property around
the existing open space and parkland. The PUD planned for a connected and coordinated
development around the open space and parkland. The PUD has since expired and the property
split into two lots with different owners. At the time the adjacent remaining horseshoe property
is subdivided, Georgia Lane will be required to extend west, removing the “T” intersection. It is
also planned for Renee Way to extend north, connecting to a future east/west arterial street. The
original Baxter Square PUD layout for phase 3 planned for 37’ private road easements. The
layout has updated to better meet city standards, including the construction of roads to city
standard with a 60 foot dedicated right of way.
Parkland requirement was met through previous Baxter Square Subdivision Phase 1 and 2
parkland and cash-in-lieu dedication. When the original parkland dedication occurred, the
property was never deeded to the city. Staff is currently working with the property owner to
finalize this process.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on August 23, 2013. The pre-application was
reviewed by the Development Review Committee (DRC) on September 18 and 25, 2013 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application and granted numerous supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on July 23, 2014 and deemed acceptable
for initial review on August 15, 2014. The preliminary plat was reviewed by the DRC on August
27, and September 3. After the September 3rd DRC meeting, the application was deemed
unacceptable. The application was resubmitted with additional information on September 25,
2014. On October 8, 2014 the DRC reviewed the application materials and provided a favorable
recommendation on the application to the Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 28, 2014. The site was posted with a public notice on September 29, 2014. Public
notice was sent to physically adjacent property owners via certified mail, and to all other
property owners of record within 200 feet of the subject property via first class mail, on October
1, 2014. No comments have been received as of the production date of this report.
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On October 16, 2014 this major subdivision staff report was drafted and forwarded to the
Planning Board with a recommendation of conditional approval. The Planning Board is
scheduled to hold a public hearing on the application on October 21, 2014.
The Planning Board held a public hearing on the application on October 21, 2014. One member
of the public provided public comment. The Planning Board voted 7-0 to recommend
conditional approval of the application with the conditions provided in Planning Board
Resolution P14040. The meeting minutes are attached.
The City Commission is scheduled to review the preliminary plat and conduct a public hearing
on November 3, 2014. The final decision for a Major Subdivision with more than must be made
within 80 working days of the date it was deemed adequate or in this case by January 28, 2014.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Baxter Square Partners, LLC 1627 W Main Street Ste 117, Bozeman, MT
59715
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman
MT 59718.
Report By: Heather Davis, Associate Planner
Dustin Johnson, Project Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
1. Application’s submittal Materials
2. October 21, 2014 Planning Board Minutes
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MINUTES
CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL 121 NORTH ROUSE AVENUE
TUESDAY, OCTOBER 21, 2014
7:00 P.M. For the minutes linked to the video of this meeting please visit: http://www.avcaptureall.com/Sessions.aspx#session.1b056e1c-e9c5-4806-9e16-48196ba60340
06:59:52 PM
ITEM 1. CALL TO ORDER AND ATTENDANCE Mayor - Jeff Krauss: Present
Council Member - Erik Garberg: Present
Board Member - Paul Neubauer: Present Board Member - Julien Morice: Absent
Board Member - George Thompson: Present Board Member - Gerald Pape Jr.: Present Board Chair - Trever McSpadden: Present
Board Member – Brett Potter: Present
Board Member - Laura Dornberger: Absent Staff: Heather Davis, Planner
Members of Public:
Mike Balch, C&H Engineering, 1098 Stoneridge Dr Ami Grant Sayer, Baxter Square Partners Bruce & Debbie Campbell – 1663 Thomas Dr
07:00:27 PM ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.)
No comment forthcoming
07:00:44 PM
ITEM 3. DRAFT MINUTES OF SEPTEMBER 02, 2014 Mr. Garberg moved to approve. Seconded by Mr. Neubauer. President McSpadden noted the minutes
have more content. Mayor Krauss commented that he liked it.
Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Absent
Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Approve
Board Member - Laura Dornberger: Absent
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Motion carries unanimously.
07:01:25 PM
ITEM 4. PROJECT REVIEW
1. Baxter Square Phase 3 Major Subdivision Preliminary Plat Application P14040
A Subdivision Preliminary Plat Application requested by the property owner Baxter Square
Partners, LLC, 1627 W Mains St., Ste 117, Bozeman, MT 59715, and represented by C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 to allow the subdivision of 2.57 acres into 22 townhouse residential lots. The property is located in the
Baxter Square Subdivision, Ph. 3 SE ¼ of SW ¼ of section 35, Township One South (T1S),
Range Five East (R5E), P.M.M., Gallatin County, Montana. The project is generally located on
Sartain Street near intersection with Renee Way. (Davis) Planner Davis presented her staff report to board members. The Development Review Committee has
approved the application with conditions. No written public comment has been received. This
application will go before the City Commission on November 3rd.
Planner Davis finished her report and was available for Board member questions.
Mayor Krauss asked about the square footage of the lots. Planner Davis stated the lot size averages
3,000 square feet. Mayor Krauss commented that they are quite small and have required lot coverage.
His concern is density and lot coverage – almost 12 units per acre in R3, which seems quite dense. Will they meet the 40% lot coverage? Planner Davis stated yes, as townhouses, they would meet requirements. Mayor Krauss asked if there is a maximum density requirement in R3. Planned Davis
replied there is only a minimum requirement.
No further questions for Planner Davis from Board members.
07:12:22 PM
President McSpadden opened for the Applicant presentation. Mr. Mike Balch, C&H Engineering, stated
that Planner Davis covered everything he wanted to say and would answer Board member questions.
Mr. Potter asked who maintains the the site retention? Mr. Balch replied it would be the Home Owners
Association.
Mr. Thompson asked about park requirements compared to the original approved PUD in 2007. Did it
have the same number of units or has the number of units increased, thereby increasing parkland? Mr. Balch stated the number of units has decreased.
Mr. Neubauer asked about the east/west road on the north side. He doesn’t see any way in or out. How
does that impact emergency services? Mr. Balch responded that there is only one point of access for the
time being. Eventually, Renee Way will be extended north and Georgia Lane will extend west and connect to Sartain. Planner Davis stated that the Fire Department reviewed the application at the DRC
meetings and found that Georgia Lane could act as a turnaround for vehicles.
Mayor Krauss asked Mr. Balch if they are confident they can meet the required lot coverage. Mr. Balch
replied that the setback requirements will force builders to meet it. Mayor Krauss noted there is no set back requirement on two sides. President McSpadden noted this will be further reviewed by the Building
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Department. Planner Davis stated a site plan will also be required and reviewed.
Mr. Potter asked Mr. Balch about the depth of the units. Mr. Balch responded 46 feet.
Ms. Ami Grant Sayer, Baxter Square Partners, came to the podium to report that these types of units
have been built in Baxter Square Ph 1 and are 34.5% of lot coverage. These new units might shrink down. Currently, as drawn, they are at 34%.
Mr. Pape stated the square footage looks quite large and asked what Ms. Sayer anticipated the unit size
would actually be. She stated about 1,750 sq ft.
07:19:05 PM
President McSpadden closed questions for the Applicant and opened for public comment.
Mrs. Debbie Campbell, 1163 Thomas Dr, gave public comment. She and her husband are adjacent
property owners to the application area. The original PUD approval gave a variance of 10 feet from the Campbell’s fence. They were promised trees and a privacy fence since all the privacy of their lot was
lost. At that time, city planners told Mrs. Campbell they would include requirements for a fence and
trees on their property line on the final plat because she didn’t trust it would be done. It was not
included on the final plat. They were told many things during the approval of that plat which were pie-
in-the-sky. She would like to know if they are starting all over or is this a way to avoid the things they were required to do before? Also, there has been no noxious weed control on the property in the 14 years
they have lived there. Once they report it to the City, it sort of gets mowed – once a year. She stated she
is against subdivisions in general but knows things are growing, but she believes this new development
will lower their property value. She wants privacy - trees and a fence.
President McSpadden thanked her for her comment and closed public comment.
07:21:49 PM
President McSpadden opened for motion, discussion and vote. Mr. Thompson made the motion:
“Having reviewed the application materials, considered public comment, and the staff analysis, I hereby
adopt the findings presented in the staff report for P14040 and move to recommend approval of the
preliminary plat for the Baxter Square Phase 3 Major Subdivision requested in application
P14040 authorizing to subdivide approximately 2.57 acres 22 lots with the remaining area as
streets and open space.”
Seconded by Mr. Potter.
President McSpadden asked Mr. Thompson to speak to his motion. Mr. Thompson stated he thinks it’s a
good project for this area. He stated he understands the adjacent property owners’ concerns about fencing and trees for privacy and doesn’t know how to best address it.
President McSpadden asked a question of Planner Davis, wondering why the required condition of a
fence and trees did not carry over from the PUD? Once they are part of the record, they always exist as part of the project. Planner Davis responded that since the PUD expired, this is a fresh, new application and they look at the current Code provisions in the review process. President McSpadden stated this
wouldn’t have been a Code provision. It would have been an exception. Planner Davis stated that she
was not aware of that specific condition in the PUD and that it was not carried over.
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Mr. Potter stated that there is less density than in previous versions and that it promotes home ownership. He believes that helps property values. The connectivity is an issue. It’s not on a major
arterial. He believes the project is an improvement over what could have been built and he supports it.
Mayor Krauss stated that this application is a new one and is starting over because the previous PUD
expired. A PUD is a deal between the City and the developer. When it expired, that took everything away. The new application only has to conform to what is required for an R3 subdivision and it has.
There is no provision that says ‘you have to build fences or you have to build houses.’ The subdivision
has to be judged according to the rules, which it has met. There isn’t any variance to look at. In the
scheme of things, it won’t be as intense as what could have been built.
The Campbell’s asked questions of Board members from the floor. President McSpadden mentioned to
them that the City Commission hearing will be on November 3rd and that would be the best time to make
further public comment.
Mr. Pape thanked Ms. Sayer for all the work she has done. He commented that townhomes need to be adapted to lot size. If they are built larger, that leaves a 20 x 30 foot backyard, which is disproportional.
He encourage her to try to balance it out. From the County perspective, by not having enough space
done the right way, the end product is stuff that fills up with tenants or doesn’t last as long in the current
financial climate. If you buy up to the 2,000 square foot size, you’re overlapping into single family
residences, which not everyone can afford. He encourages the applicant to think about that.
Mr. Potter noted that the backyards are between 30 and 40 feet and in the plan it shows 34 feet. Mr. Pape
stated he measured it from the 20 feet of the garage door to the back measurement. He doesn’t want to
create compressive densities to the point that they don’t last as long as they could. Mr. Potter stated
that’s been seen in neighborhoods where there are no yards and things spill over into the streets. These types of designs lend more to tenancy and less to ownership. He believes this is a good point.
Mayor Krauss asked Planner Davis to be sure to address to the City Commission why some things carry
over on projects and others don’t. Planner Davis stated she made a note to herself about that.
Mr. Garberg guessed that parkland and open space are mandated by subdivision aside from the PUD.
The PUD is where you get relaxations. Mr. Pape added they want them dedicated at that time and then
they are done.
Mr. Neubauer stated that Baxter Lane qualifies as a minor arterial and on the south side there is a bike lane. On the north side from N 19th heading west, there isn’t one and there isn’t one in front of the Post
Office. It’s about ¼ mile until there is a bike lane. He did not see a bike lane being included on the north
side in the improvements schedule for Baxter Lane.
Mr. Pape stated there is a struggle to get connectivity on one hand and affordable housing on the other. How do you reconcile this and get bike lanes also?
Mayor Krauss noted they were having this discussion last week about Baxter and Davis Lanes and stated
it’s time to let go of the impact fee model. It really isn’t working. There is no money to put up. Growth pays its share, but the rest of us don’t. How do we get that share? There isn’t a way to get it unless there is some sort of tax. He stated we have to let go of the ‘90s and embrace the 21st century and figure it
out. He stated the City Commission believes that the best growth happens in the city on urban services.
If we value bike lanes, complete streets, treated wastewater, etc, we’re going to have to put our money
where our values are.
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Mr. Potter stated that $200,000 is being contributed to impact fees from this project, but that money can’t be used in the project area. Why can’t there be direct-drive impact fees?
Mr. Pape stated the County discourages this type of growth away from city services. How do we leave
the 1990s? This project is most likely entry-level housing for young families, if properly configured. It
expands the tax base, not taxes. Impact fees were meant to build infrastructure when growth out-stripped infrastructure construction. That’s not happening now. A better plan would be to adjust policy and
discussions to encourage owner-stakeholders to expand the tax base.
Mayor Krauss stated there is a place for impact fees. Currently, there is no way to measure contribution
by people who are driving on the streets, etc.
07:41:07 PM
President McSpadden called for a vote on the motion.
Board Member - George Thompson: Motion Board Member – Brett Potter: 2nd
Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Absent
Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve Board Member – Brett Potter: Approve
Board Member - Laura Dornberger: Absent Motion carries unanimously. This will go to the City Commission on November 3rd.
07:41:40 PM
ITEM 5. ADJOURNMENT
This meeting is open to all members of the public. If you have a disability that requires assistance,
please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
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Baxter Square Phase 3 Major Subdivision
RESOLUTION P14040
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE APPROXIMATELY 2.57 ACRES INTO 22 TOWNHOUSE RESIDENTIAL LOTS, AND THE REMAINING AREA AS STREETS, AND COMMON OPEN SPACE ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP ONE SOUTH (T1S), RANGE FIVE EAST
(R5E), P.M.M., 12 LESS POR BAXTER SQUARE SUBDIVISION PHASE 1 & 2, GALLATIN COUNTY, MONTANA AND GENERALLY LOCATED NORTH OF SARTAIN STREET AND EAST OF THOMAS DRIVE.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner and applicant Baxter Square Partners, LLC represented
by C & H Engineering and Surveying, Inc., submitted a Major Subdivision Preliminary Plat
Application to subdivide approximately 2.57 acres into 22 townhouse residential lots, and the remaining area as streets, and common open space on property is located in the Southeast Quarter of the Southwest Quarter of section 35, Township One South (T1S), Range Five East
(R5E), P.M.M., 12 less por Baxter Square Subdivision phase 1 & 2, Gallatin County, Montana.
The subject property is generally located north of the intersection of Sartain Street and Renee
Way; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
October 20, 2014, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and
WHEREAS, one member of the general public provided oral testimony on the matter of
the preliminary plat application regarding how the subdivision the concern about privacy
between the proposed townhomes and their house; and
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the preliminary plat application with the recommended conditions of approval provided in the staff report; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the
Major Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in
the staff report for P14040 and voted 7-0 to recommended to recommend approval of the
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Baxter Square Phase 3 Major Subdivision
preliminary plat application with the conditions as outlined in the staff report:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) 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 three (3) signed
reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two
(2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and
Recorder will file the new Conditions of Approval sheet as a separate document from the
Plat.
2. 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.
3. 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 and
noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration, and recitals indicating that the
property owners’ association bylaws and/or declaration of covenants, conditions and
restrictions include this property as being annexed into the existing Baxter Square property owners association.
5. Property owners’ association documents shall address the requirements for street trees, a
City of Bozeman planting permit for street trees and obtaining utility locates before any
excavation begins in the City of Bozeman right-of-way. The covenants shall include a
planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there
should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
6. Regular spacing of acceptable shrub species shall be installed along the south side of Lots
5D, 5C, 5B, and 5A to create a buffer between residential lots and parkland and shall be
shown on the final landscape plan.
7. Proposed Renee Way shall be dedicated as a tract in lieu of the proposed easement on the
Final Plat. The Final Plat shall reflect the updated parkland boundaries and Renee Way.
8. On the conditions of approval sheet of the final plat shall contain the following notation
on its face: “Ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall
include, in addition to the common open space and trails, all vegetative ground cover,
boulevard trees and irrigation systems in the public right-of-way boulevard strips along
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Baxter Square Phase 3 Major Subdivision
all external perimeter development streets and as adjacent to public parks or other
common open space areas. All areas within the subdivision that are designated herein as
common open space including trails are for the use and enjoyment by residents of the
development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the
final plat for each phase of the subdivision the subdivider shall transfer ownership of all
common open space areas within each phase to the property owners’ association created
by the subdivider to maintain all common open space areas within Baxter Square Subdivision.”
9. Provide Class II Trail Sections for Open Space 1 & 2 with final plat application.
10. The final plat shall include a transfer of private improvements certificate to read
substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space
parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I,
(insert subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith, have been installed in
conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially
guaranteed and are covered by the subdivision improvements agreement accompanying
and recorded with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION
PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE
BRIDGE & LAWN.)
The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number____________________.
(To be filled in when recorded)
By: _________ , Subdivider Date: ________________
11. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
i. Street improvements to Baxter Road including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
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Baxter Square Phase 3 Major Subdivision
ii. Street improvements to N. 27th/Thomas Drive including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
iii. Signalization of the intersection of Baxter Road and N. 27th Ave.
iv. Signalization of the intersection of Baxter Road and Davis Lane.
12. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
13. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation.
14. Street names must be approved by the City Engineer and Gallatin County road office
prior to final plat approval. 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.
15. All streets contained within the subdivision shall be within dedicated public right of way
and built to city standards.
16. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
17. The Bozeman Fire Department shall approve any proposed dead-end turnarounds to
assure they meet all necessary fire codes.
18. Any emergency fire turnarounds or fire lanes shall be adequately signed and striped.
19. Road geometry should meet the criteria in the City of Bozeman design standards unless a
deviation can be justified.
20. Any proposed public street lighting shall be LED.
21. Due to the depth of the existing sanitary sewer in this area any nonstandard designs and
material submittals shall be reviewed and approved by the water/sewer superintendent.
22. The necessary right of way shall be dedicated with the final plat for the following streets:
i. Renee Way (local street) – 60 feet.
ii. Georgia Lane (local street) – 60 feet.
CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. Pursuant 38.38.020 and 38.38.030 BMC, 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 Department of Community
Development. These covenants shall contain, but not be limited to, the following items:
1) provisions for snow removal, 2) guidelines that outline architectural and landscape
guidelines for each individual lot and/or phase of the subdivision, including placement of
boulevard trees, 3) common area maintenance provisions including landscape details and
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Baxter Square Phase 3 Major Subdivision
maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, and
5) assessment of existing and future Special Improvement Districts.
b. These documents 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 Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be
executed and submitted with the initial final plat to be filed with the Gallatin County
Clerk and Recorder at the time of final plat recordation.
c. Pursuant 38.39.030 BMC, if it is the developers intent to file the plat prior to the completion of all required improvements, 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
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 percent of the cost of the remaining improvements.
d. Pursuant Section 38.23.030.D, BMC, corner lots shall have sufficient width to permit
appropriate building setbacks from both streets and provide acceptable visibility for
traffic safety. Further, homes on corner lots shall have the same orientation as homes on
lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all
corner lots. The preliminary plat shall indicate the orientation of all corner lots.
e. Pursuant to Section 38.23.060, BMC, the final plat shall provide all necessary utility
easements and shall be described, dimensioned and shown on each subdivision block of
the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service
indicating that rear or side yard easements are not needed.
f. Fences located in the front, side or rear yard setback of properties adjacent to any park or
publicly accessible open space shall not exceed a maximum height of four (4) feet, and
shall be of an open construction designed in a manner to be consistent along all park land and open space areas. Proposed fencing or hedges shall conform to Section 38.23.130
“Fences, Walls and Hedges.” This requirement with appropriate exhibits of fence types
shall be addressed and illustrated in the property owners’ association documents, if
applicable. The documents shall include a single fence style acceptable to the City for
locations fronting any public park.
g. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas in each phase
is required prior to the final plat application of that phase in accordance with the
requirements of Section 38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing pedestrian walks.
h. Section 38.23.080.H BMC, stormwater retention/detention facilities in landscaped areas
shall be designed as landscape amenities. They shall be an organic feature with a natural,
curvilinear shape. The facilities shall have 75 percent of surface area covered with live
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Baxter Square Phase 3 Major Subdivision
vegetation appropriate for the depth and design of the retention/detention facility, and be
lined with native grasses, indigenous plans, wet tolerant plant types and groupings of
boulders to create a functional, yet natural site feature. A cross section and landscape
detail of each facility shall be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including a ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area.
i. Documentation of compliance with the parkland dedication requirements of Section
38.27.020 BMC shall be provided with the final plat. A table showing the parkland
requirements for the Baxter Square, Phase 3 subdivision and the method of meeting the parkland dedication for this subdivision shall be included on the conditions of approval sheet of the final plat as document acceptable to the City of Bozeman. A table shall be
showing the amount of park area that has been provided for each parcel in each final plat.
j. Section 38.41.080.2.g.9 BMC requires 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/detention basin location, and
locate 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 sites, drainage ways, and
lot finished grades), typical stormwater retention/detention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer
will be required as part of the infrastructure plan and specification review process.
k. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management
Ordinance #1763. The SMP is independent of any other storm water permitting required
from the State of Montana, and does not fulfill the requirement to obtain a Storm Water
Pollution Prevention Plan (SWPPP) if they are required for this development.
l. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in accordance to BMC section 38.23.180.
m. Section 32.23.070 BMC specifies plans and Specifications for water and sewer main
extensions, prepared and signed by a Professional Engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by 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
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Baxter Square Phase 3 Major Subdivision
plans and specifications have been approved and a preconstruction conference has been
conducted.
n. City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per BMC section 38.24.080, sidewalks will be installed prior to occupancy of any individual lots.
o. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are
found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond.
DATED THIS DAY OF , 2014 Resolution P14040
_____________________________ ____________________________
Heather Davis, Associate Planner Trevor McSpadden, Chairperson
Department of Community Development City of Bozeman Planning Board
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