HomeMy WebLinkAbout04- Baxter Meadows Phase II
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MA TTER OF THE APPLICA TION OF THE
BAXTER MEADOWS DEVELOPMENT, OWNER, FINDINGS
REPRESENTED BY JEFF KANNNING, COLLABORATIVE OF FACT
DESIGN ARCHITECTS, INC., FOR PRELIMINARY AND ORDER
APPROVAL OF BAXTER MEADOWS PHASE II PLANNED
UNIT DEVELOPMENT MAJOR SUBDIVISION
This matter came before the Bozeman City Commission on February 2, 2004, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-10 1 through 76-3-625,
Montana Codes Annotated, and the Bozeman Subdivision Regulations, Bozeman 2020 Community
Plan, and Bozeman Unified Development Ordinance. The applicant presented to the Commission
a proposed Preliminary Subdivision Plat for a planned unit development major subdivision
consisting of 143 lots as submitted in its original form on November 6, 2003, (#P-03042). The
Commission held a public hearing on the preliminary plat and considered all relevant evidence
relating to the public health, safety, and welfare, including the recommendation of the planning
board, to determine whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given
the opportunity to do so, and therefore, being fully advised of all matters having come before it
regarding this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
1.
On November 6, 2003, the applicant / owner, Baxter Meadows Development (Jerry
Williams), P.O. Box 11060, Bozeman, MT 59719, and represented by Jeff Kanning, Collaborative
Design Architects, Inc., 2280 Grant Road, Suite C, Billings, MT 59102, submitted an application
for approval to create Baxter Meadows Phase II, a planned unit development major subdivision to
subdivide :t 76 acres of land into 143 mixed use lots and site related improvements on property
zoned "B~2" (Community Business District) and "R-3" (Residential Medium Density District). The
applicant requested deviations from the Subdi vision Regulations, as follows: 1) 16.14.020 (Center),
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to decrease street frontage to less than 50% of perimeter; 2) 16.14.030.F (Depth of Lots), to increase
average depth to greater than 3 times average width; 3) 16.14.030.H (Frontage on Public Streets),
to decrease frontage on a public street to 0'; 4) 16.14.040 (Blocks), to increase block length to more
than 400'; 5) 16.14.060 (Utility Easements), to allow association-owned easements of the size and
location shown on plat; 6) 16.14.090 (Mail Delivery), to defer until routes are extended; 7)
16.14.100.E (Park Requirement), to decrease street frontage to less than 50% of perimeter; 8)
16.14.110 (Landscaping of Public Rights-of-Way), to omit landscaped boulevards; 9) 16.14.170
(Watercourse Setback), to decrease minimum to 35'; 10) 16.16.080 (Paving Requirements), to allow
private streets that do not meet City public street standards; and 11) 16.16.090 (Improvement
Standards), to allow pri v ate streets with greater right-of-way widths of 90' and 102' , greater paving
widths, no boulevards, wider sidewalks, and diagonal parking. The property is legally described as
a portion of S Y2 of Section 34, TIS, R5E, PMM and the NE 1,4 of Section 3, T2S, R5E, PMM, City
of Bozeman, Gallatin County, Montana.
n.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on January 11,2004. Said notice also served
to inform interested persons that materials were available for review at the Bozeman Planning &
Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on January ~
21, 2004. The Planning Board found that the application was properly submitted and reviewed
under the procedures of the Bozeman Subdivision Regulations and the Bozeman Unified
Development Ordinance. Staff reviewed the staff report and the evidence, which justified the
imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision, and further
requested concurrent construction per Section 16.22.030 of the Bozeman Subdivision Regulations,
and expressed disagreement with recommended conditions of approval # 49, # 53, # 80 and # 81 as
presented in the Staff Report.
The Planning Board then opened the public hearing. There was no comment from the
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general public. Receiving no response, the Board closed the public hearing. The Board discussed
and supported the requested relaxations from the Bozeman Subdivision Regulations and concurrent
construction per Section 16.22.030 of the Bozeman Subdivision Regulations. The Planning Board
discussed the conditions, formulated changes to omit Condition # 49 unless otherwise advised by
legal staff, formulated changes to Condition # 80 to allow a gravel standard alley until foundations
and utilities are installed, formulated changes to Condition # 81 to allow a gravel standard alley until
foundations are installed, and agreed that the conditions outlined in the staff report were necessary.
The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with the conditions as recommended by Staff, subject to the changes to
Conditions # 49, #80 and #81 made by the Planning Board, passed on a vote of 5 in favor and 0 in
opposition, with 1 abstention.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
February 2, 2004, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-03042, and information compiled by City staff was reviewed. The City
Attorney indicated that Condition # 49 was based on a regulation and should not be omitted. The
City Attorney indicated that the wording of Condition # 34 should be changed.
The applicant made a formal presentation in favor of the requested subdivision, and the
requested concurrent construction per Section 16.22.030 of the Bozeman Subdivision Regulations,
and expressed disagreement with recommended conditions of approval # 34, # 35, # 37. # 41 and
# 49 as presented in the Staff Report.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The subject property has historically been used for agricultural purposes.
Agricultural practices at the site include crop production, dairy farming and cattle
ranching.
2. Effects on Agricultural Water User Facilities.
An unnamed ditch currently conveys water to a downstream appropriator for a
Farmer's Canal irrigation water right. A proposed relocation of the point of
diversion has been approved by Mr. Bob Davis of the Farmer's Canal board of
Directors and the downstream appropriator. No other agricultural water use will be
affected.
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3. Effects on Local Services.
Water/Sewer: Water services can be provided by connection to existing main lines.
Sewer services can be provided by connections to the City of Bozeman's sewage
collection system with installation of a new 27 and 24-inch sewer interceptor to be
constructed in partnership with the adjacent Cattail Creek Subdivision. This
infrastructure is a requirement of this subdivision.
Streets: Street improvements are a requirement of this subdivision.
4. Effects on the Natural Environment.
Stormwater and drainage have been provided to the Engineering Department for
review. Applicant has entered into an agreement for a Noxious Weed Management
Plan with the Gallatin County Weed Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant
adverse effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are
no known, unmitigated natural or man-made hazards on this property.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONT ANA SUBDIVISION AND PLA TIING ACT. The subdivision complies or
will comply with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The subdivider has applied for the necessary relaxations to comply with the Bozeman
Subdivision Regulations. Final Plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on January 7,2004. The proposed project was
noticed in the Bozeman Daily Chronicle on January 11,2004.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES. All utilities and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing and new streets and alleys
throughout the subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and
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the requirements of the Bozeman Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Unified Development Ordinance, if certain conditions were imposed. The
evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions
ordered herein to ensure that the final plat complies with all applicable regulations and all required
criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Baxter
Meadows Phase n Planned Unit Development Major Subdi vision for Baxter Meadows Development
(Jerry Williams), be approved, subject to the following conditions:
Plannine Subdivision Specific Conditions~Phase IIA (Blocks 16.18.20 and Tracts lA.IB) and
Phase IIC (Blocks 15. 17. 19 and 21):
1. If concurrent construction is approved for Phase llA and llC, a concurrent construction plan,
for an approved final lot-specific plan that addresses all aspects of Section 16.22.030 may
be submitted for review, evaluation and consideration. Subdivider shall remain responsible
for all building permits until all infrastructure improvements are compete and accepted by
the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements
are complete and all other conditions have been met.
2. Applicant shall provide parking for Blocks 16, 18 and 20 of Phase IIA based on the
following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000)
x 1.72. Applicant shall provide parking for Blocks 17,19 and 21 of Phase nc at a ratio
supported by a parking demand study on Blocks 16, 18 and 20 of Phase ITA but shall not be
less than the requirement based on the following calculation: ((net building area (gross lot
area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant may use a combination of the
following options.
net building area (gross lot area minus 20%) x 2 (floors) x 1.72
1,000
Option 1. Applicant shall construct surface parking. Construction shall include but not
be limited to continuous concrete curbs, asphalt, striping, drive approach,
landscaping, and irrigation. Pursuant to Condition # 44, surface parking shall
be constructed within 1 year of final plat approval and prior to occupancy of
any structure.
Option 2. Applicant shall construct a parking garage. Pursuant to Condition # 44,
parking garage shall be constructed within 1 year of final plat approval and
prior to occupancy of any structure.
Option 3. Applicant shall establish an escrow account in the name of the POA for the
sole purpose of providing parking, applicant shall place in the escrow
account 150% of the cost of constructing the surface parking, applicant shall
restrict on the plat all lots required to meet the surface parking needs, and
applicant may reserve air space for other uses. Pursuant to Condition # 43,
all parking facilities shall be constructed within 4 years of preliminary plat
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approval.
Option 4. Applicant shall establish an escrow account in the name of the POA for the
sole purpose of providing parking, applicant shall place in the escrow
account 150% of the cost of constructing a parking structure, applicant shall
restrict on the plat all lots required to meet the parking structure needs, and
applicant may reserve air space above the height of the parking structure for
other uses. Pursuant to Condition # 43, all parking facilities shall be
constructed within 4 years of preliminary plat approval.
Nothing herein precludes the applicant from utilizing areas set aside for parking facilities
(surface or garage) for other purposes provided these conditions are not violated and
applicant submits to site plan review.
Applicant shall covenant all lots required to meet the parking needs granting parking access
to all purchasers of property in Blocks 16 thru 21 and the POA. Applicant shall make the
POA responsible for liability insurance, taxes, use and maintenance of all parking facilities.
3. Applicant shall fulfill Condition # 2, for option 1 or 2, prior to occupancy of any structure,
and 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% of the cost
of the remaining improvements. If the applicant selects either option 3 or 4, it shall be
fulfilled prior to filing the Final Plat.
4. One-foot wide "no access" strips shall be placed along both sides of Baxter Lane to preclude
direct lot access onto Baxter Lane.
5. The mid-block utility/access easements shall be a minimum of 15' wide and shall include
a pedestrian walkway.
6. A minimum 50' watercourse setback pursuant to Section 16.14.170 shall be clearly
delineated on the final plat, and shall include all adjacent wetlands. On-site stormwater
treatment facilities may be located within the Zone 2 portion of the watercourse setback.
7. Baxter Parkway shall be designed with parallel parking on both sides of the street.
8. Phase llC may not receive final plat approval prior to final plat approval of Phase llA.
Plannine Subdivision Specific Conditions~Phase lIB (Blocks 9. 10. 11. 12. 13 and 14):
9. If concurrent construction is approved for Phase lIB, a concurrent construction plan that
addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and
consideration. Subdivider shall remain responsible for all building permits until all
infrastructure improvements are compete and accepted by the City of Bozeman. No
occupancy shall be permitted until all infrastructure improvements are complete and all other
conditions have been met.
10. A minimum 35' watercourse setback pursuant to Section 16.14.170 shall be clearly
delineated on the final plat, and shall include all adjacent wetlands.
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Plannine Subdivision Specific Conditions-All Phases:
11. Plans and specifications shall include detailed parking plans. These parking plans shall
included full details for parking to be constructed immediately; and preliminary details,
locations and costs for both the surface parking required to meet the PUD minimum
requirements, as well as, the proposed parking garage. Provide sufficient design detail for
the parking garage, including parking stall width and depth, driveway width, number of
spaces, and ramp location to assure structure will fit on designated lot. In addition, provide
a study from a professional engineer of licensed architect estimating the cost per space for
the completion of the structure. The estimate should be based on recently constructed
parking structures of similar size and characteristics.
12. Documentation of satisfaction of park dedication requirements in accordance with Section
16.14.100 of the Bozeman Subdi vision Regulations shall be provided. For residential units,
0.03 acres per dwelling unit shall be dedicated for parkland. For non-residential (unless
restricted to non-residential uses by deed) and multi-family, 11 % of the total square feet of
lot area shall be dedicated for parkland.
13. Applicant shall submit a formal development plan for the design ofthe dedicated parkland(s)
for review and approval by the Bozeman Recreation and Parks Advisory Board, signed by
a certified landscape architect. Details of plantings, species, topography, irrigation system,
and any permanent park features shall be shown and discussed with the plan. The applicant
shall obtain written approval from the Bozeman Recreation and Parks Advisory Board
regarding the final design prior to submittal of the formal development plan for review and
approval by the City Commission.
14. Applicant shall submit a formal development plan for the design of the dedicated
parkland(s), for review and approval by the City Commission, signed by a certified
landscape architect. Details of plantings, species, topography, irrigation system, and any
permanent features shall be shown and discussed with the plan. Approval of the City
Commission shall be obtained prior to installation of any improvements. The approved
development plan shall be provided with the final plat.
15. Applicant shall submit a formal development plan for the design of all parkland(s), open
space, watercourse setback, boulevards, pedestrian walks/pathways and center area for
review and approval by the Superintendent of Facilities and Lands, signed by a certified
landscape architect. Details of plantings, species, topography, irrigation system, and any
permanent features shall be shown and discussed with the plan. Approval of the
Superintendent of Facilities and Lands shall be obtained prior to installation of any
improvements. The approved development plan shall be provided with the final plat.
16. Upon approval of the formal development plan by all 3 parties specified in the Conditions
# 13, 14 and 15, the Applicant shall develop a Park Master Plan for all parkland and open
space. The Master Plan will include a narrative that addresses the following topics: History
of the Property; Description of the Existing Conditions; Needs Analysis of the Park;
Proposed Present and Future Park Uses and Activities; Description of the Level of Service
Designated for the Park, including mowing, fertilization, weed control, irrigation, snow
removal, trash collection, and landscaping maintenance. The developed Master Plan will
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be submitted to the Superintendent of Facilities and Land for review and approval by city
staff, the Recreation and Parks Advisory Board, and the City Commission.
17. Applicant shall be responsible for installation of all parkland(s), open space, watercourse
setback, boulevards/medians, pedestrian walks/pathways and center area related
improvements. Construction of the improvements will be to the City standards and must be
completed with City oversight, including a preconstruction meeting.
18. Applicant shall be responsible for installation of pedestrian/equestrian trail(s) connecting to
the pedestrian/equestrian trail(s) to the south and extending to the north end of the linear
park. The specific trail(s) design(s) will be determined during the formal development plan
approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail
will be constructed to the Class n design standards. Construction of the improvements will
be to the City standards and must be completed with City oversight, including a
preconstruction meeting.
19. Applicant shall be responsible for installing landscaping and an irrigation system in the
public right-of-way boulevard strips and medians along all external subdivision streets and
adjacent to parkland(s), open space, watercourse setback, pedestrian walks/pathway and
center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations.
20. All landscaped common areas shall have an underground irrigation system installed in
compliance with City standards and specifications. The applicant shall provide irrigation
system as-builts in accordance with Section 16.08.090.
21. Maintenance of common areas and facilities such as parkland(s), open space, rights~of-way,
parking facilities, pedestrian walks/pathways and center area, etc. shall be provided by the
developer and/or homeowners' association in accordance with Section 16.14.130.
22. The Final Plat shall contain the following language that is readily visible with lettering on
the plat at a minimum width of 3/16 inch in height, placing future landowners of individual
lots on notice of the presence of high groundwater in the area of the subdivision:
"Due to relatively high ground water table within the areas of the subdivision, it is not
recommended that residential dwellings with full basements be constructed without first
consulting a professional engineer. If daylight basements are incorporated in the construction
of residential dwellings, they should not have a depth greater than three (3) feet below the
top of the curb or crown of the street from which it is served."
23. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase.
24. Subdivision lighting shall be incorporated into the subdivision by one of the following: a)
the subdivider shall install street and pathway lighting throughout the subdivision pursuant
to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained
by means of the Property Owners' Association through Protective Covenants; or b) the
subdivider shall participate in a Street Improvement Lighting District (SILD) for the
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provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman
Subdivision Regulations. All subdivision lighting provided shall conform to Section
16.14.230 of the Bozeman Subdi vision Regulations. A lighting plan including isofootcandle
plots and description of the proposed equipment, with details and specifications (cut sheets),
bulb type and size, and locations shall be provided with the final plat and subject to review
and approval by the Planning Department.
25. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious weeds.
A signed copy of this Understanding must be provided to the Planning Department.
26. A declaration of covenants for this subdivision must be included and recorded with the Final
Plat that specifically includes the provisions from Section 16.34.030. A draft of these
covenants must be submitted for review and approval by the Planning Department prior to
filing and recordation with the Gallatin County Clerk and Recorder.
27. Prior to final plat approval, a property owners' association shall be established for
maintenance of subdivision streets, common open space, centers, parking facilities, pathways
and trails, boulevards and medians, alleys, storm water facilities and/or parks pursuant to
Section 16.34.020. A draft of these documents must be submitted for review and approval
by the Planning Department at least 30 days prior to filing and recordation with the Gallatin
County Clerk and Recorder.
28. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall
be provided for the permanent care and maintenance of commonly owned open spaces,
recreational areas, facilities, private streets and alleys, and parking facilities. The same shall
be submitted to the city attorney and shall not be accepted by the city until approved as to
legal form and effect. A draft ofthese documents must be submitted forreview and approval
by the Planning Department at least 30 days prior to filing and recordation with the Gallatin
County Clerk and Recorder.
29. The landowner agrees to provide the City with a payback of $15,000 per the payback
schedule dated May 10, 200 I, for the North 19th A venue/Baxter Lane signalization. Of this
total payback, the landowner agrees to pay $ 0.00215216 per square feet of gross area platted
to the City prior to final plat approval for each phase of the development.
30. Executed waivers of right to protest creation of special improvement districts (SIDs)
acknowledging that the City will not assume dedication and/or maintenance of the local
private streets that vary from City standards unless the street(s) are brought up to City
standards, or the property owners agree to an assessment to fund improvements required to
bring the street(s) up to City standards. The waiver shall be filed and of record with the
Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed
documents shall be submitted with the final plat.
31. Executed waivers of right to protest creation of special improvement districts (SIDs) for a
park maintenance district shall be filed and of record with the Gallatin County Clerk and
Recorder prior to final plat approval. A copy of the filed documents shall be submitted with
the final plat.
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32. Executed wai vers of right to protest creation of special improvement districts (SIDs) for the
following future improvements: Baxter Lane and North 19th A venue signal improvements,
Baxter Lane and Baxter Parkway signal improvements, and North 19th A venue
improvements shall be filed and of record with the Gallatin County Clerk and Recorder prior
to final plat approval. A copy of the filed documents shall be submitted with the final plat.
33. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only be
required for each phase as the final plat for that phase is filed. The amount of water rights
required will be determined by the Director of Public Service based on the proposed final
plat(s).
34. Applicant shall provide evidence that all original tract(s) of record of this property that are
or throue;h this subdivision will become remainder tract(s) of less than 160 acres were not
created for purposes of transfer, and that no transfer or conveyance of said tracts will occur
prior to filing of a subsequent subdivision plat or certificate of survey reviewed and
approved by the City of Bozeman. The evidence shall be in a written form and filed and of
record with the Gallatin County Clerk and Recorder prior to final plat approval of Phase n.
A copy of the filed documents shall be submitted with the final plat. The tract(s) shall be
legally described and the following statement shall be placed on the tract(s):
"No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
or certificate of survey reviewed and approved by the City of Bozeman."
35. Prior to Final Plat approval, written verification that telephone, electric power, gas, internet,
and cable television service utilities, can be installed in the proposed utility easements shall
be obtained from local utility agencies.
36. Prior to Final Plat approval, a Final PUD Plan, complying with the requirements of Chapter
18.36 of the Bozeman Unified Development Ordinance, shall be submitted for review and
approval.
37. Unless the applicant makes application for and receives a variance from the City
Commission relieving applicant of the requirements of ~ 16.14.060, Bozeman Subdivision
Regulations, in effect at the time of this application, the Certificate of Dedication shall be
shown on the final plat and shall include the following statement(s):
"The above-described tract of land is to be known and designated as (name of subdivision),
City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues,
alleys, and parks or public squares shown on said plat are hereby granted and donated to the
City of Bozeman for the public use and enjoyment. The lands included in all streets,
avenues, alleys, and parks or public squares dedicated to the public are accepted for public
use, but the City accepts no responsibility for maintaining the same. The owner(s) agree(s)
that the City has no obligation to maintain the lands included in all streets, avenues, alleys,
and parks or public squares hereby dedicated to public use. The lands included in all streets,
avenues, alleys, and parks or public squares dedicated to the public which the City accepts
responsibility for maintaining include (list specific lands).
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"The undersigned hereby grants unto each and every person, firm, or corporation, whether
public or private, providing or offering to provide telephone, electric power, gas, internet or
cable television service to the public, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over,
under and across each area designated on this plat as 'Utility Easement' to have and to hold
forever."
38. The Certificate of Completion of Improvements shall be amended to list all improvements
not completed.
39. The Certificate of Exclusion from Montana Department of Environmental Quality Review
shall be shown on the final plat and the Release of Sanitary Restrictions removed from the
final plat.
40. Any unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, do not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State of Montana.
41. Any sub-phasing or re-phasing of Baxter Meadows Phase II shall be subject to review and
approval by the Director of Public Service and also subject to all applicable conditions of
final plat approval.
Planning Code Provisions:
42. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations
and the Uniform Standards for Pinal Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a
double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
43. Conditional approval of the Preliminary Plat shall be in force for not more than three
calendar years, as provided by State statute. Prior to that expiration date, the developer may
submit a letter of request for the extension of the period to the Planning Director for the City
Commission's consideration.
44. If it is the developer's 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% of the cost of the remaining improvements.
45. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed.
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Engineering Subdivision Specific Conditions:
46. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runoff from the private and public streets and all
lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdi vision to transport runoff
to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance of the open space. Stormwater ponds
for runoff generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located on easements within privately owned
lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established
based on maximum site development. Final facility sizing may be reviewed and reduced
during design review of the FSP for each lot and/or phase.
47. A street and traffic control signage plan for the subdivision shall be prepared and
implemented upon review and approval by the City Engineer.
48. Any improvement placed in the public right of way shall be approved by the City
Engineering Office.
49. Pursuant to Section 16.16.01.A. of the Bozeman Municipal Code, Baxter Parkway, including
sewer, water, and other necessary infrastructure, shall be constructed adjacent to the west
property boundary of Tract 1, and shall extend approximately 1700 feet to the south and east
to the boundary of Phase 5. Baxter Parkway shall be constructed to a standard roadway
section as approved by the City Engineering Office. The applicant is advised that further
development of Tract 1 will likely require a secondary access be provided.
50. The location of existing water and sewer mains shall be properly depicted, and proposed
main extensions shall be noted as proposed on the infrastructure plans and specifications.
51. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
52. As part of the infrastructure plans submittal, 100-year flood elevations shall be computed
for the Baxter-Border Ditch, and the limits of flooding identified. If flooding limits
encroach onto proposed lots, this shall be noted on the final plat along with a minimum floor
elevation for the structures to be constructed on the lots.
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53. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to
Phase 2, which extends from the west boundary of Phase I improvements through the
intersection of Caspian A venue. The entire length shall be constructed with Phase 2A.
54. All street names are subject to approval by the City Engineer.
55. The applicant shall provide easements, in a form acceptable to the city, for all on and off site
sewer and water improvements. All water and sewer main easements shall be a minimum
of 30 feet wide.
56. Easements shall be provided for all offsite drainage facilities.
57. Utility easements shall be granted on the final plat in accordance with the requirements of
Section 16.14.060 of the City Subdivision Regulations.
58. City standard sidewalks shall be constructed on all public and private street frontages prior
to occupancy of any structure as per the terms and conditions of Section 16.14.050 of the
Bozeman Municipal Code.
59. For Phases 2A and 2C, sidewalks shall be installed to provide pedestrian access to parking
needed by any particular structure prior to occupancy of said structure. This condition does
not replace the need to meet 16.14.050 of the Bozeman Municipal Code.
60. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, MPDES etc.) shall be obtained prior
to construction of the associated improvements.
61. All infrastructure improvements including I) water and sewer main extensions, and 2) public
streets, private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages
or other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
62. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements unless approved for concurrent
construction.
63. All proposed manholes need to be accessible to the city's large flusher truck. The applicant
shall submit an all weather access plan with the project infrastructure plans subject to
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approval by the City Water/Sewer Superintendent.
64. The Property Owners' Association shall be responsible for the maintenance of all storm
water facilities constructed for the project.
65. The applicant shall obtain permission from the appropriate ditch companies to discharge
storm runoff into the ditches and for any relocation(s).
66. All ditch easements and setbacks shall be shown on the final plat.
67. No on-street parking shall be permitted within 20 feet of a crosswalk at any intersection.
68. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows
Development by Robert Peccia & Associates, dated October 2001, and the updated report,
dated October 2003 shall be implemented with Phase 2 unless the improvements are
specifically identified to be completed with a later phase. A portion of the report requires
updating as noted in Conditions # 70 and # 71, each updated section and subsequent
recommendations shall be subject to approval of the City Engineer and the approved
recommendations shall be implemented with phase 2.
69. The updated Traffic Impact Study prepared by Robert Pecci a and Associates identified the
need for a traffic signal at the intersection of Baxter Parkway and Baxter Lane upon the
completion of Phase 6 of the development. In addition, the report recommended the
installation of left turn bays on each approach of the intersection in order for the signal to
function properly. Sufficient pavement width shall be included in the design and
construction of this intersection, along with the installation of underground conduits for the
signal wiring and necessary right-of-way dedication with the Phase 2 final plat.
70. The Traffic Impact Study recommended a dedicated left turn lane at the intersection of
Charolais A venue and Baxter Lane, along with a roundabout at the intersection of Baxter
Lane and Caspian A venue. As the current submittal does not include these recommended
improvements, the applicant's traffic engineer shall address these issues in an update to the
original traffic study. Any modification to the original study shall be approved by the City
Engineer
71. The Traffic Impact Study recommended that a grade separated pedestrian/bicycle crossing
under Baxter Lane near Baxter Parkway be implemented as part of the Baxter Meadows
project. Either design and install the crossing with Phase 2 of the project, including the
dedication of necessary right of way, or provide an update to the traffic impact study with
justification and details on how the crossing can be installed safely as an at grade crossing.
Any modification to the original study shall be approved by the City Engineer.
72. The north access to Block 15, the apartment site, shall line up directly across from the
proposed alley in Phase 4.
73. All easements identified in the title report shall be depicted on the final plat.
74. The Certificate of Surveyor on the final plat shall be in conformance with Section 16.32.050
of the Bozeman Municipal Code, Subdivisions.
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75. A breakdown of areas shall be provided for each phase on the final plat.
76. The final plat shall clearly state which streets are privately maintained.
77. Pursuant to the recommendations ofthe Traffic Impact Study, prepared by Robert Peccia and
Associates, any damage of Baxter Lane from the intersection with North 19th A venue to the
entrance of the project, caused by project construction activities, shall be repaired by the
applicant. The applicant shall agree to repair any damage within one week of notification
by the City that repairs are required. The applicant shall maintain the existing bond of
$10,000 which was submitted with Phase 1 of the project.
78. The City will only accept public maintenance of the streets in Phase 2B that are located to
the west ofthe east side ofthe intersection of Gallatin Green Boulevard and Equestrian Way.
79. City standard sidewalks shall be installed on the west side of Baxter Parkway.
80. lf concurrent construction is utilized for Phase 2A and 2C, all alleys shall be paved within
2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first.
The alley shall be required to be paved once foundations and utilities are in place for all
adjacent lots, which will be conditioned during the site plan approval process.
81. If concurrent construction is utilized for Phase 2B, all infrastructure, shall be installed and
accepted by the City prior to occupancy of any structure, with the exception of alleys which
may utilize a gravel standard as approved by the City Engineer until such time as all adjacent
foundations are installed. All alleys shall be paved within 2 years after final platting, or 4
years after preliminary plat approval, whichever occurs first.
82. The property owners dependent on the sewage lift station shall be responsible for financing
the costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agree in wri ting to a surcharge to cover the costs of operating and maintaining
the lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors and assigns. The agreement shall be subject to approval by the City Engineer and
the City Attorney.
83. As stated in the subdivision preliminary plat submittal, all alleys will be paved to a minimum
of 20 feet. Snow removal responsibilities in all alleys shall be private. Other maintenance
needs in the alleys shall be the responsibility of the City.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval
of this subdivision shall be effective for three years from the date of adoption of these Findings by
the City Commission. At the end of this period the City Commission may, at the written request of
the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
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.---.......-.--.........-
DATED this 14th day of June ,2004.
By:
A
ATIEST:
()!~J L#~
Robin L. Sullivan
Clerk of the Commission
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