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HomeMy WebLinkAboutFellowship Minor Subdivision v � ' Commission Memorandum Co. REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner SUBJECT: Fellowship Baptist Church Minor Subdivision Minor Subdivision Preliminary Plat, #P-08007 MEETING DATE: Monday, October 20, 2008 RECOMMENDATION: That the City Commission conditionally approves the Fellowship Baptist Church Minor Subdivision Preliminary Plat application (#P-08007) for a two-lot minor subdivision as recommended in Planning Board Resolution #P-08007 and deny the request for a variance to Section 18,44.060 "Street Improvement Standards" of the Unified Development Ordinance, BMC. BACKGROUND: Fellowship Baptist Church, represented by Gaston Engineering and Surveying, has submitted a Subdivision Preliminary Plat application for a Second or Subsequent Minor Subdivision from a Tract of Record to divide 10.990 acres into two residential lots. The subject property is generally located at 1541-1691 North 27'11 Avenue and described as Lot 5, Annie Subdivision, Phase 2, NEI/4 and SE1/4 of Section 2, Township 2S. Range 5E, PMM, City of Bozeman, Gallatin County, Montana. A variance to Section 18.44.060 "Street Improvements" of the Unified Development Ordinance is requested with this application for improvements to North 25"' Avenue. One letter of testimony has been provided discussing signalization improvements at the intersection of West Oak Street and North 27°iAvenue, height limitations to one story structures, and adequacy of access to Rose Park. No opposition to the proposed subdivision has been received by the Planning Office to date. The City of Bozeman Planning Board held their public hearing on the matter on October 7, 2008 and voted 5-0 to recommend approval with the conditions outlined in Planning Board Resolution #P-08007 and to recommend denial of the request for a variance to 18.44.060 of the Unified Development Ordinance. UNRESOLVED ISSUES: The Planning Office is not aware of any unresolved issues for the proposed minor subdivision at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. Report compiled on October 15,2008 CONTACT: PIease feel free to email Dave Skelton at dskelton( bozemna,net if you have any questions prior to the public hearing. APPROVED BY: Chris Kukulski, City Manager Andrew Epple, Planning Director Planning Board Resolution #P-08007 Preliminary Plat Application Submittal Planning Office Staff Report October 7, 2008 Planning Board Resolution and Board Minutes Public comment Report compiled on October 15,2008 & S UR VE Y] I\7G, Pe C� 1 June 6, 2008 W.O. # 07-520 City of Bozeman Department of Planning and Community Development P.U. Box 1230 Bozeman, lv1 f 59771-1230 RE: Subsequent Minor Subdivision Preliminary Plat Lot 5, Annie Subdivision Phase 2 To Whom It May Concern: Please find attached our application materials for preliminary plat review for the above- referenced project. "Twenty copies of the plat are included,as well as txN o digital versions of the plat and the review fee of$l.045. Our client is proposing to divide the existing Lot 5 into t"o individual lots and dedicate the surrounding public access casements as right-of way. Below please find responses to the Preliminary Plat Checklist. D. 7. The subdivision will occur in one phase. 9. Waivers granted during the pre-application process are listed on the Pre-application reviem E. letter from the City of Bozeman. A copy of this letter is included with the application. 3. No -variances are being requested. 4. No new covenants are proposed for this subdivision. 7. The proposed Lot 5B is currently in review with the city for a ;coning change. 9. All streets are to be dedicated to the public. 10. No streets are graded greater than 5%. F. 1-18 & 20. All items v,ere waived during the pre-application review. 19. Affordable housing requirements do not apply to this minor subdivision. In addition. the following items address issues raised during the pre-application revie%v process. which was conducted by Planner Martin Short in July of 2007. - Documentation of parkland dedicated in Annie Subdivision is provided in an attached chart. This documentation shows that 27.526 acres of parkland is required for devclopmcnts within Annie subdivision, both presently developed and with projected future development. In ,�S>4000-c,published_docs\07-52U-529�07-520\07-520 COB Prelim Plat 060608 doc EATGINEERINGILAND SURVEYINGILAND PLANNINGAVIATERIALS TEsTiATG - PO Box 861 • 211 Haggerty Lane • Bozeman, MT 59715 - (406)586-0688 6 tax(406)586-0689 • omell: gastonClavlcom.not a: particular,this documentation allocates 3.96 acres for a maximum of 132 dwelling units on the entirety of Lot 5,to be provided as park. The second page of the chart shows parkland and open space actually dedicated up to this point within the overall Annie Subdivision.and this adds up to 28.152 acres,exceeding that required for developments. - Typical street sections are provided. Sections for 251h and 271h were provided by HKM Engineers during the site plan review for the Fellowship Baptist Church in 2006,but have also been attached here. - Street light locations were shown on the road construction plans provided by HKM Engineers in September of 2006 during the site plan review for the Fellowship Baptist Church, and those locations will remain the same. Included also are the required adjoining property owner materials and the Neighborhood certificate. Please let us know if you have any questions. Sincerely, GASTON ENGINEERING & SURVEYING,P.C. By: Catherine Koenen Project Manager CK/ck `\Ss4000-c;publislied_docs\07-520-529\07-520\07-520 COB Prelim Plat 060608.doc 130 4 ''t cc c , CITY OF BOZEMAN-DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred NI.Suff Professional Office Btulding—20 East Olive Street P.O Box 1230,Bozeman,SIT 59" 11 1230 Phone: (406)582-2260 F:VX. (406)582-2263 L mail, plannuig(dbozeinan.net Web, w w hozeman.net PROJECT/DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: Amended Plat of Lot 5,Annic Subdivision Phase 2 — r2. Property Owner Information � Name. Fellowship Baptist Church F-mail Address: flailing.lddress: 2165 Durston Road,Bozeman,I11T 59718 Phony tt - t t f-AX: 1 . -3 G 539-,3f l t 3.Applicant Information _ 'dame: Sam( as owner E-mail Address: Nfwhng Address: Phone: 4. Representative Information Namc: Gaston Engineering&Sun•eving F-mail Address: ckoenen@gastonengineeruig.coil, i Mailing Address: PO Box 861,Bozeman MT 59771 Plione: 406-586-0588 FAX: 406-586-0589 5. Legal Description: l.ot 5 of Annie Subdivision Phase 2 [6. Street Address: Bounded b) West Oak,N.27�h,N.25th,and Tsache 7. Project Description: A4inor subdivision creating 2 lots from an existing lot i 8.Z g Designation: R-3/R-4 9. Land Area: Acres: 10.990 Square Feet: 478,713 Page 1 10. Bozeman 2020 Community Plan Designation: Residential 11. Current Land Use: Vacant 12. Is the Subject Site Within an Overlay District? ❑ Yes,answer question 12a ® No,go to question 13 12a.Which Overlay District? ❑ Neighborhood Conservation ❑ Entryway Corridor l 13. Will this application require a deviation(s)? ❑ Yes ® No 14.Application Type(please check all that apply) ❑Sketch Plan ❑Conditional Use Permit ❑Sketch Plan/COA ❑Planned Unit Development—Concept Plan ❑Sketch Plan/COA Reuse,Redevelopment or Change in Use ❑Planned Unit Development—Preliminary Plan ❑Redevelopment,Reuse or Change in Use—Site Before 2/12/90 ❑Planned Unit Development—Final Plan ❑Redevelopment,Reuse or Change in Use—Site After 2/12/90 ❑Planned Unit Development—:Master Plan ❑Site Plan ❑Annexation ❑Site Plan/COA—Entryway Corridor Overlay District ❑Zoning bfap Amendment ❑Site Plan/CO —Neighborhood Conservation District ❑Zoning Code amendment ❑Subdivision Pre-application ❑Growth Policy Amendment ®Subdivision Preliminary Plat []Variance or Administrative Interpretation Appeal ❑Subdivision Final Plat ❑Spccial'I'emporary Use Permit ❑Subdivision Exemption ❑Other. This application must be accompanied by the appropriate fee and the appropriate number of plans or plats (see submittal requirements) drawn to scale on paper not smaller than 8t.'a- by 11 inches nor larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s)below,the applicant(s) and/or property owner(s) submit this application for review under the terms and provisions of the Bozeman:Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: ' Date: Property Owner's Signature; Date: Page 2 (Project/Development Review Application-PmTa rcd 1/30/03) SUBDIVISION PRELIMINARY PLAT CHECKLIST l terse checklists shall be completed and rcnirned as hart of the-,ubmittal. Ann item checked"No"or"N .V 'not applicable mint be explained in a narrative attached to the checklist. Incomplete submittals will be renimcd to the applicant. k. Subdivision'l ype. ❑ First Minor Subdis iston from a Tract of Record ❑ First Minor Subdivision from a'Tract of Record with a Variance D Second or Subsequent Minot Subdivision from a'Tract of Record ❑ Major Subdivision H '1 otal Humber of I x t, C Proposed L15cs. Indicate the number of lots !or spaces subdivisions for rent or lease,or units for condominiums fur each of the following uses; Residenual,single lsouschold Park Recreation,()lien space Rrsidtnti.d,multi household Manufactured Iiontc Space Planned Una Ih eclupmcnt Recreational Vehicle Span. Cnndominium Unit Commercial Townhouse Industrial Other: 1) hrchminar�-Plat Requtrein i is. The preliminary plat submittal must include the following information. Please refer to Section 18"h.040,B'%IC for the specific requirements for each item. Preliminary Plat Requirements Yes No N/A 1. All information required with the prc application plan, as outlined in Section 19.78.030 13 [] —' (Subdivision Preapplication Plan),BMC 2 Name and location of the subdivision, scale,scale bar,north arrow,date of preparation, lots and ❑ [] I Q blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if i other than for single family _ 3. AL streets,roads,alleys,--cnues, highways,and casements;the width of the right-of-wm,grades, [] ❑ [j and curvature of each; cxi�,ung and proposed road and street names; and proposed location of I intersections for any subdivwon requiting access to arterial or collector highways 4. The names of adjoining platted subdivisions acid numbers of adjoining certificates of survey Q 0 5. An approximate survey of the exterior boundaries of the platted tract with bearings,distances,and Q Q [] curve data indicated outside of the boundary lines. When the plat is bounded b} an irregular shoreline or a body of water, the beatings and distances of a closing meander traverse shall be given G The approximate location of all section corners or legal subdivision comers of sections pertinent to Q Q Q the subdivision boundary If the improvements required arc to be completed in phases after the final plat is filed,the approxi- Q 0 Q mate area of each phase shall be shown on the plat S Ground contours at 2400t intervals if slope is under 10 percent;5-foot intervals if slope is between QEl 10 and 15 percent;and 10-foot intervals if slope is 15 percent or greater 9 List of waivers granted from the requirements of Section 18.78.060 (additional Subdivision Q Q Preliminary Plat Supplements),BAIC during the preapplication process 10. Request for exemption from:Montana Department of Environmental Quality Review as described _ in Section 18.'8.040.K(Request for Exemption from MDEQ Review),BMC 11. _ All appropriate certificates (refer to Chapter 18.12,B.NiC;. E i ❑ Q Page 3 (Snbdiiisinn Prchminan Plat Checklist-Prepared 11/26/03;revised 9/20/04;rccised 5/2/05;revised 7/24/07) }. Prelimma;p Plat Supplements Required for All Subdivisions. The supplemental information shall include the following. Please refer to Section 18.78.050,BhIC for the specific requirements for each item. Preliminary Plat Supplements Required for All Subdivisions Yes No N/A i. A map showing all adjacent sections of land,subdivision,certificates of survey,streets and roads [9 ❑ ❑ 2 Map of entire subdivision on either an 8'2.-inch x 11-inch,81%'e-inch x 14-inch,or 11-inch x 1--inch El ❑ ❑ sheet A written statement describing any requested subdivision variance(s) and the facts of hardship ❑ ❑ ❑ upon which the request is based. Refer to Chapter 18.66 (Variance, Deviation and .Appeal Procedures),B1N1C 4. Covenants,Restrictions and.Articles of Incorporation for the Property Owners'Asso ciation ❑ ❑ ❑ 5. Encroachment permits or a letter indicating intention to issue a permit where new streets, ❑ ❑ ❑ easements,rights-of way or driveways intersect State,County,or City highways,streets or roads A letter of approval or preliminary approval from the City of Bozeman where a zoning change is ❑ ❑ ❑ necessary 8. .A draft of such other appropriate certificates 7' 13 El Provision for maintenance of all streets (including emergency access), parks, and other requirrd ❑ ❑ Q improvements if not dedicated to the public,or if private ui. Profile sheets for street grades greater than 5 percent ❑ ❑ 11. If an authorized representative signs on behalf of an owner of record,a copy of the authorization ❑ ❑ El shall be provided 12. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for ❑ ❑ control of noaous weeds 13. A preliminary platting certificate prepared by a Montana title company EJ 131 ❑ 1 additional Subdivision Prcluninarl: Plat Supplements. The following list of prchnunary plat application supplements shall also be provided for all subdivisions unless waived by the Development Review Committee during the pre- application process. The developer shall include documentation of any waivers granted by the City after the pre- application meeting or plan review. Please refer to Section 18.78.060, BMC for the specific requirements for each Item. Additional Subdivision Preliminary Plat Supplements Yes No N/A Waived I. Surface water ❑ ❑ ❑ ❑ 2. Floodplains ❑ ❑ ❑ 3. Groundwater ❑ ❑ ❑ 4. Geology,soils and slope ❑ ❑ I ❑ 5. 1 'Vegetation ❑ ❑ ❑ 6. Wildlife ❑ ❑ ❑ ❑ 174 Historical features ❑ ❑ ❑ [� 8. Agriculture ❑ ❑ ❑ 9. Agriculture water user facilities ❑ ❑ ❑ ❑ 10. Water and sewer ❑ ❑ ❑ Q 11, Stormw•ater management ❑ ❑ ❑ Ey 12. Streets,roads and alleys ❑ ❑ ❑ [� 13. Utilities �~ ❑ ❑ ❑ ❑ j 14. Educational facilities ❑ ❑ ❑ ©" 15. IAnd use ❑ ❑ 1 ❑ 16. Parks and recreation facilities ❑ ❑ ❑ 0 11. Neighborhood center plan ❑ ❑ ❑ 18. Lighting plan ❑ ❑ ❑ 12 19, Affordable Housing ❑ ❑ ❑ 1 20. :Miscellaneous ❑ ❑ 1 ❑ Page 4 C� By marking the checkbox below, the developer agrees to allow the Department of Planning 8 C:ammuntrt Development to send copies of correspondence to all parties Isted on Page I of the Development Review Apphcauon ,Property Uwner,.ipphcant and Representative',. If the cheekbox t- not marked,correspondence will be sent to the -kPPLI(:_�NT ONLY! [� By marking this checkbux I agree to allow the Department of Planning&Communih Development to send copies of correspondence to all parties listed on Page l of the Development Revievy Application. Applicant's Signature: _j �? L _ Date: Applicant's Signature: _ Date:-- — Page 5 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code.This new ordinance contains the following requirement: Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter,as defined in 2.82,020,the following shall be performed: 1 As part of any application to the Department of Planning and Community Development,the applicant shall provide written notice via certified mail,a mail, facsimile transmission,and/or personal delivery to the Citv liaison if notification guidelines (B.\It: 18.76)require that nonce be posted"on-site",published in the local newspaper or mailed first class 2 Such nonce shall contain a complete set of applmnuen materials as submitted to the Department of Planning and Community Development. li I•ailure to provide proof of such mailing via certified mall, c-mail and or facsimile transmission report to the most recent Can• Liaison address,e mad address and'or fax number of record,or an affidavit attesting hand delivery,shall result in an incomplete �apfpfliication /� ��yn I, l G(Tl JP,h� !� h rh hereby certify that I have delivered via certified mail, e- mail, faclstmdc transmission or hand delivey,writ eJ�t lice and a con lete s t of application materials for the project known as RI/1tsh(p �reh't plifam. �l�f SOT s �/1 r /6 A. a in compliance with Section 2.82 02 of the Bozeman Municipal tode. I further understand that failure to comply will result in tlus application being deemed incomplete and may result in a delay in the review,of this project. U'AI gtiature 6C 9�� Date &I/�Lms (Neighborhood Recognition Ordinance Compliance Certificate—Prepared 1/7/0S) Y FELLOWSHIP BAPTIST CIIURCH ADJOINING PROPERTY OWNERS COS 1256: ROSE PARK SUB: Tract 1 LOT 1 BLK l FAIRVIEIN INVESTMENTS LLC MAK LI.0 1725 DESALES ST NW ST1:900 323 711T AVE NW WASHINGTON, DC 20036-4404 HAVRE,MT 59501 WEST WINDS SUB PH I & I B: HARVEST CREEK SUB PH 3& 4,BLK 12: LOT 1 BLK 7,LOT 1 BLK 4, LOT 5 LOT 4 BLK 3 JOE&JOYCE ALBRO RIDGE INVESTMENTS LLC 2173 ALLISON C'1' PO BOX 11077 BOZEMAN, MT 59718 BOZEMAN,MT 59719-1077 LOT 6 ANNIE SCIB PH 2: STEVEN M.& DEANNE L. SMITH LOT 3M-1 2717 ALLISON C1. CASTLEBAR LIMITED PARTNERSHIP BOZEMAN,MT 59718 413 W,IDAHO STREETSTF 201 BOISE, ID 83702-6065 WEST WINDS SUB PH 2A&213: LOT 1 BLK 8 NORTHWEST HOUSING GROUP LLC 3825 VALLEY COMMONS DR.STE 1 BOZEMAN, MT 59718 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I,�',_.-,Ik'� ,.; l''r,1 hereby certify that,to the best of my knowledge, the attached name and address list of all adjoining property o%N tiers within 200 feet of the property located at ./1-jr; _�i�� .lU _, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay revie-ty of the project. VICINITY MAP of LOT 5 , ANNIE SUBDIVISION PHASE II A TRACT OF LAND SITUATED IN THE NE1/4 & SE1/4 OF SECTION 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FOR: FELLOWSHIP BAPTIST CHURCH JUNE, 2008 BY: GASTON ENGINEERING & SURVEYING BOZEMAN, MONTANA cl c a is -c ' ro ;E >, SCALE: NOT TO SCALE ° -p Boxte fit,ira,_;er D" (,ri {'I SUBJECT PROPERTY -1/ Gak n s Durston } c r� PeaC41 i O _O Main �1 F L abco k U.S. 191 otlF c p H,4 i n e s y;9or /�g0 a� c 3 a. + aqY 0 Stuck Y N'agy LLw _ Y + 0 + 7 rJ Q C7 uotclenstein s 0 a L 0 c^ Nash GASTON ENGINEERING & SURVEYING PROJECT• 07-520 PA GE.- 1 OF 1 P.O. BOX 861 DRAW/NG. 07-520 BASE BOZEMAN, MT 59771 (406) 586-0588 TAB.- 8.511 DATE: 616108 CIl , OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M Stiff Professional Building phone 406-582-2260 20 Last Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.nei July 18, 2007 Gaston Engineering & Surveying, Inc. PO Box 861 1111 4 2007 Bozeman, MT 59771 RE: Annie Phase 2, Lot 5 Minor Subdivision Preapplication (#P-07030) Dear Sirs: The City of Bozeman's Development Review Committee has reviewed the above-referenced preapplication for a minor subdivision to create 2 residential lots. The summary comments from the Development Review Committee's July 18, 2007 meeting should be considered when you prepare your preliminary plat application for review, PLANNING DEPARTMENT COMMENTS 1. 'I he applicant has requested waivers for all of the Additional Subdivision Preliminary Plat Supplements outlined in Section 18.78.060 of the Unified Development Ordinance (UDO). After consultation xxith the Development Review Committee, following waivers will be granted: ® 17.78.060.A,Surface Water ® 1,.78.060.K,Stormwater Management ® 17.78.060.B,T'loodplains ® 17.78.0601,Geology ® 1-.78.060 C,Groundwater ® 17.78.060.M,Utilities ® 1-.78.060 D,Streets,Roads&-1Ueys ® 17.78.060.N,Educational Facilities ® 17.78.060.E,Vegetation ® 17.78.060.0,Land Use ® 17.78.060.F,Vrildhfe ® 17.78.060.P,Parks&Recreation Fadhaes ® 17.78.060.G,Historical Features ® 1 7.78.060.Q,Neighborhood Center Plan ® 17.78.060.11,Agnculturc ® 1'.78.060.R,Lighting Plan ® 17.78.060.1,Agricultural V ater User Facilraes ® 1 .78.060.S,Miscellaneous ® 1'78.060 J,Water d Sewer 2. A transportation pathway will be required to be constructed along Tschache Lane from North 25`t' Avenue to North 27 h Avenue. A 25 foot wide public access easement shall be provided for this pathway. This shall be accurately depicted on the Prehminan, Plat submittal materials. 3. The applicant shall provide documentation of any parkland, or cash-in-lieu of that has preiriously been provided for this property. Additional parkland dedication mat• be required. This shall be provided with the Preliminary Plat application. ENGINEERING DEPARTMENT COMMENTS planning . zoning . subdrnsion review . annexation . historic preservation - housing . grant odmnistration . neighborhood coordination Galtatin�a4 ' QWeed ; Dist&t MEMO TO: Catherine Koenen, Project Manager Gaston Engineering FROM: Dennis Hengel,Coordinator Gallatin County Weed District DATE: January 30. 2008 RE.- Amended Plat of Lot 5, Annie Subdivision Phase 2 Enclosed is a copy of the approved Weed Management and Revegetation Plan for the Amended Plat of Lot 5. Annie subdivision Phase 2. If you have any questions please contact me at 582-3265. DH/rp Enc. 901 N. Black Bozeman, MT 59715 (406) 582-3265 FAX: 582-3273 C (DO pIV 1ppG�0I��,. SUBDIVISION NOXIOUS %VI;ED MANAGEMF.NI AND REVEGFTATION PLAY(PRELIMINARY PLAT APPROVAL) LONG FORM GalatittCattot ed (Revised May 2006) We Dsfrict Projected date for Preliminary Plat application Dale Plan received '4' f Before construct ionldisturbance begins,please complete and submit a copy of the Noxious Weed Management and Revegetation Plan to the Gallatin County Weed Control Office for review by the Board.Ibis plan may require revision to meet the requirements of the Noxious Weed Management Plan of the District,and the Montana County Noxious Weed Control Act Upon approval by the Board,this plan must be signed by the Chairman of the Board or appointed Representative in cooperation with the agency responsible for the disturbance and constitutes a binding agreement between the Board and such person or agency. A) GENERAL INFORMATION I.Name of Cooperator: 1-cllowship Baptist Church Jeremy Shea (Print Pull Name and Name of Company) (Contact Person) 2165 Durslon Rd.Aozema_MTi9718 406-587-0033 (Address-Cih-State-Zip) (7elephone) 2.Geographic Location to be covered by this Plan: Legal Description:E1/2,Sec.2,T2S,R5E If applicable include the name and address of the Subdivision- Major ❑ Minor ® Number of Lots _ _ __ Lot 5 of Anniq S.yhdivisiun Phase 2 3. Land Use(Please check the appropriate box(s) (a)Previous or Historical Land Use Agriculture❑ Residential ❑ Commercial ❑ Pasture non-crop ❑ Other ED Please explain Vacant (b)Future Land Use Agriculture❑ Residential ® Commercial ❑ Pasture non-crop ❑ Other Please explain high-density residential and church 4. is a Map of the Area or a Copy of the Subdivision Plat Attached? Yes® No❑ 5. Has the Cooperator been informed of the District's Noxious Weed Management Plan and Revegetation Requirements for Disturbed Areas? Yes ® No ❑ 6. Has the Cooperator been informed of the Noxious Weed Management Plan of the District? Yes ® No ❑ 7. Has the Cooperator been informed of the relevant sections of the Montana County Noxious Weed Control Act? Yes ® No ❑ 8. Has the Cooperator submitted a Noxious weed location map and inventory? Yes ® No ❑ 9. Has the Cooperator attached written estimates of weed control and revegetalion costs? Yes ® No n 1 B) NOXIOUS WEED MANAGEMENT PLAN 1) Are noxious weeds present on the property? Yes ® No ❑ Unknois n(due to snow cover)❑ If yes,list which species and the approximate size of infestation(s). Attach map showing location of noxious weeds on property. If unknown due to snow cover,Cooperator will submit a completed noxious weed inventory and explanation of control methods for approval by the Weed Control District by May 15th of the upcoming field season. Canada,Ault.&Musk Thistle: large patches totaling•-2 acres and containing scattered plants,plus 40 individual plants throughout lot (Gallatin Count)noxious weeds arc listed in section III of Noxious%Viced:Management&Revegetation Requirements) 2. Briefly explain the noxious weed control method(s)to be used on noxious weeds already existing on the property or that may arise during construction/development/disturbance of the property. Note: If noxious weeds already exist on the property outline the infestation(s)on a map of the property or on a subdivision plat map. Due to the lateness of the season,spraying was no longer an option for this year. The cooperator mowed the site the week of August 27'h. There are some large berms on the site with weeds rg owing on them which could not be mowed. The cooperator has agreed to spray the berms in the spring prior to the weeds going to seed,if the berms are still in existence. The berms may be removed during the winter if site work is able to continue,or the county may remove them in hopes of using the soil. Regardless if the berms exist in the spring,the site will be sprayed with Curtail where necessary to control weeds prior to going to seed,should there be any remaining areas with weeds following the winter site work. Lots will be mowed monthly June-August until they are developed. IS PROPERTY FALLOW OR IN SMALL GRAIN PRODUCTION? YES ❑ NO IF PROPERTY IS FALLOW OR IN SMALL GRAIN PRODUCTION THE FOLLOWING MANDATORY CONDITION OF APPROVAL APPLIES: If property is fallow,in stubble,or in small grain production,once agricultural production ceases,that area of the property not under immediate development will be planted to a grass seed mix as approved by the Weed District. See Revegetation Section,C. I.,for complete details regarding reseeding and grass reestablishment requirements. Please complete the appropriate section(s)corresponding to the noxious weed management methods mentioned above. (a) Herbicide Control: *Noxious Weed Thistle Chemical Name Curtail Rate 2 qts/acre *Noxious Weed Chemical Name Rate *Noxious Weed Chemical Name Rate *Noxious Weed Chemical Name Rate *Noxious Weed Chemical Name Rate *Timing and method of treatment(s): Spring of 2008 prior to seeding if necessary(see above_ Herbicide control work done by-Self ❑or Contracted®Name of Contractor At Home on The Range Estimated cost of herbicide control: Year One:$500(Spring 2008) Year Two:$500(Spring 2009 if necessary) Year Three:$0—lots should be developed by this time 2 I otal $1,000 00 lstimate provided by. /1t 13ome can fhe Range (Attach written estimate to Weed Management and Revegetation Plan) (b) Cultural"Mcchanical Control- * Methods of weed control Mowing during_su_mmer months *Timing of control method(s):---_Monthly June-Au>;ust_until full buildout Cultural/Mech control work done by-Self❑or Contracted ® Name of Contractor At_Home On TheRanQc P,sttmated cost of cultural/mechanical control: Year One: 1 00 Year Two, $0 Year Three: $0 Total: $0 Written estimate provided by:At Home On The Range (Attach written estimate to Weed Management and Revegetation Plan) (c) Biological Control: *Biological control agent(s) N/A * Timing of the release(s)of the B io-control agent(s): *Weed control method(s)used to control weed spread while insects establish: Biological control work done by-Self❑or Contracted❑Name of Contractor Estimated cost of Biological control: Year One: Year Two: Year Three: Total: 3 Written estunate prodded by: (Attach v ritten estimate to Weed Management and Re\,egetation Plan) (d) Total Estimated Costs of Weed Control(Herbicide+Cultural/Mechanical+ Biological)for three (3)Years: Year Herbicide CulluraUMechanical Biological 1 S500 $500 s0 2 S500 s0 s0 3 SO s0 $0 Total $1,000 S500 s0 Total: $1,500 C) REVEGETATION PLAN FOR DISTURBED AREAS MANDATORY REVEGETATION REQUIREMENTS: Areas disturbed during subdivision development (road construction,pond construction,service/utility/gas/electric/telephone line installation)will have a 6" (six inch)layer of topsoil redistributed onto disturbed areas. Disturbed areas will be seeded to a grass seed mix as approved by the Weed District. In conjunction with the grass seeding,during the first and second years of grass establishment,and in the third week of June and in the fourth week of July,the areas seeded to grass will be mowed to prevent weed seed development and dispersal. IF PROPERTY IS FALLOW OR IN SMALL GRAIN PRODUCTION THE FOLLOWING MANDATORY CONDITION OF APPROVAL APPLIES: If property is fallow,in stubble or in small grain production,once agricultural production ceases,that area not under immediate development (within 12 months)will be planted to a grass seed mix as approved by the Weed District.Cooperator will revegetate and establish grasses on that portion of the property previously fallow,in stubble,or in small grain production.This includes that portion of the property dedicated to open space,parklands,or common areas.In conjunction with the grass seeding,during the first and second years of grass establishment,and in the third week of June and in the fourth week of July,the area seeded to grass will be mowed to prevent weed seed development and dispersal. 1. Is property fallow or in small grain production? Yes ❑ No CK If property is fallow or in small grain production outline the area that is fallow or in production on a map of the property or on a subdivision plat map. If yes,area of disturbance(acres): List the method(s)(seeding,sod installation,tree/shrub planting,etc)to be used to accomplish revegetation of the disturbed areas. Approximate seeding/sod date(s) 4 Note: If dependent upon natural precipitation for grass establishment then plant prior to Mai 15°i for a spring seeding or after October 151h for a fall dormant seeding. Revegetation NNork done b) Self ❑ of Contracted ❑ Name of Contractor: 1) Seed Cost. List the type and amount of seed/sod to be used for revegetation: Type -— --- - - Rate f)1pc - - ------- --- --- Rate TV pe— - ----- - - Rate 1)T'e-- - — - — - Rate 2) Seeding L-'quipment Cost: 3) Labor Cost: 4) Mowing Cost: _ 5) Other costs: Total Estimated Costs of Revegetation for 3 years: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Flan) 2. Will utility/service lines be installed? Yes ® No ❑ a) if yes, length of service lines(ft.or miles):unknown-utilities likely to be added within pavement area during development of north lot b) If yes,area of disturbance(sq.ft.) c) If yes, list amount(yards)of topsoil required to cover disturbed area with G"lift of soil N/A- any utilities installed will be within paved area _ List the method(s)(seeding,sod installation,tree/shrub planting,etc)to be used to accomplish revegetation of the disturbed areas from utility service line installation: N/A Approximate seeding/sod date(s) 5 Note: If dependent upon natural precipitation for grass establishment then plant prior to Nlay 15"'for a spring seeding or after October I5`h for a fall dormant seeding. Revegetation%cork done by Self ❑or Contracted ❑ Name of Contractor: Estimated cost of revegetation for utilityiservice construction: (1)Topsoil Cost(yards)•-- (2) Soil Replacement Cost:(includes cost of bringing onsite 6" lift'layer of topsoil and cost of distributing soil onto disturbed area) (3) Seed Cost: 1 ype — — —- Rate I ype— ----- Rate— Type _ — Rate --- - (4) Seeding Equipment Cost: (5) Labor Cost: (6) Mowing Cost: (7) Other costs: Total estimated costs of revegetation for 3 gears: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) 3. Will a pond be constructed? Yes ® No ❑ a) If yes,area of disturbance(sq.ft.):unknown at this time-retention or detention ponds likely to be installed with site improvements on individual lots and will be seeded or gravel b) If yes,list amount(yards)of topsoil required to cover disturbed area orith 6"lift of soil List the method(s)(seeding,sod installation,tree/shrub planting,etc)to be used to accomplish revegetation of the disturbed areas from pond construction: Approximate seeding/sod date(s) 6 Note: If dependent upon natural precipitation for grass establishment then plant prior to Max 151"for a spring seeding or after October 15`" for a fall dormant seeding. ReNegetation N�ork done bN Self ❑or Contracted ❑ Name o1 Contractor. Estimated cost of revegetation for pond' (1)Topsoil Cost(yards): (2) Soil Replacement Coat-(includes cost of bringing onsite 6"lift'laycr of topsoil and cost o1 distributing soil onto disturbed area) (3) Seed Cost: I)Pe -- _ Rate Type_ Rate Type Rate (4) Seeding Equipment Cost-_ (5) Labor Cost: (6) Mowing Cost: _ (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by:_ (Attach written estimate to Weed Management and Revegetation Plan) 4. Will a road system be constructed? Yes ® No ❑ a) If yes,length of road(ft.or miles): 2760 If of city street improvements _ b) If yes,area of disturbance(sq.ft): Total Lemaining disturbed area after street construction (i.e.4 6'-wide boulevard areas)= 24 186 sf _ c) If yes, list amount(yards)of topsoil required to cover disturbed area with 6"lift of soil 1.344 cy topsoil for boulevard areas List the method(s)(seeding,sod installation,tree/shrub planting,etc)to be used to accomplish revegetation of the disturbed areas from road construction: Boulevard areas will be covered with topsoil recovered from the site when road construction is completed They will be seeded or sodded and irrigated upon the completion of the road improvements or in the following spring- 7 depending on the timing and weather conditions-at the time of road completion. The actual road construction is anticipated to takeplace during the s rp ine�summer of 2008. Approximate seeding/sod date(s)--See above Note: If dependent upon natural precipitation for grass establishment then plant prior to May 151"for a spring seeding or after October 151" for a fall dormant seeding. Revegetation work done by Self ❑or Contracted ® Name of Contractor: Excavation contractor awarded the bid for roadwork—unknown at this time Estimated cost of revegetation for road system: (1)Topsoil Cost(yards): N/A salvaged from site (2) Soil Replacement Cost:(includes cost of bringing onsite 6" lift/layer of topsoil and cost of distributing soil onto disturbed area) Labor cost:$2.501cy(standard rate)x 1,344 cy=$3.360 (3) Seed Cost:re-seeding type unkown at this time—antiClpati�sod installation,cost:$0.50/sf x 24,186 sf _$12,093(labor and material cost) Type Rate Type Rate _ Type Rate (4) Seeding Equipment Cost: See above (5) Labor Cost: See above (6) Mowing Cost: Boulevards will be maintained by the city for a portion and the adjacent lot owners for the remainder—mowing,the boulevards will be incorporated into the general maintenance of the church and high-density residential lot (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: SBA53 Year Two: Year Three: Total: $15,453 Date revegetation work to be completed by:Upon completion of road construction—actual date unknown Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) 5. Will a park be constructed? Yes ❑ No a) If yes,area of park(acres): b) If yes,area of disturbance(sq.ft): c) If yes,list amount(yards)of topsoil required to cover disturbed area with 6"lift of soil 8 List the method(s)(seeding,sod installation,tree/shrub planting,etc)to be used to accomplish revegetation of the disturbed areas from park construction: Approximate seedingisod dates) Note: If dependent upon natural precipitation for grass establishment then plant prior to May 15`"for a spring seeding or after October 15ih for a fall dormant seeding. Re%egetation work done by Self ❑or Contracted ❑ Name of Contractor: Estimated cost of revegetation for park: (1)Topsoil Cost(yards): (2) Soil Replacement Cost: (includes cost of bringing onsite 6" lift/layer of topsoil and cost of distributing soil onto disturbed area) (3) Seed Cost: Type _— Rate Type Rate Type— _ Rate (4) Seeding Equipment Cost: (5) Labor Cost: (6) Mowing Cost:._ (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) 6. Will a trail system be constructed? Yes ❑ No a) If yes,length of trail(ft.or miles): b) If yes,area of disturbance(sq,ft): c) If yes, list amount(yards)of topsoil required to cover disturbed area with 6"lift of soil 9 List the method(s)(seeding,sod installation, tree/shrub planting,etc) to be used to accomplish revegetation of the disturbed areas from trail construction: Approximate secdingsod date(s) Note: If dependent upon natural precipitation for grass establishment then plant prior to May 15'h for a spring seeding or after October 15'h for a fall dormant seeding. Revegetation work done by Self ❑or Contracted ❑ Name of Contractor:_ Estimated cost of revegetation for trails: (1)Topsoil Cost(yards): (2) Soil Replacement Cost:(includes cost of bringing onsite 6" lift/layer of topsoil and cost of distributing soil onto disturbed area) (3) Seed Cost: Type Rate Type Rate Type_ Rate (4) Seeding Equipment Cost: (5) Labor Cost: (6) Mowing Cost: (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) 7. Will a central septic system be constructed? Yes ❑ No a) If yes,area of disturbance(sq.ft.): b) If yes,list amount(yards)of topsoil required to cover disturbed area with 6"lift of soil 10 List the method(s)(seeding;,sod installation,treelshrub planting,etc)to be used to accomplish resegetation of the disturbed areas from central septic system construction: Approximate seeding,sod date(s) Vote: If dependent upon natural precipitation for grass establishment then plant prior to May 1516 for a spring seeding or after October 15't'for a fall dormant seeding. Revegetation Nsork done by Self ❑or Contracted ❑ Name of Contractor. Estimated cost of revegetation for central septic system: (1)Topsoil Cost(yards): (Z) Soil Replacement Cost:(includes cost of bringing onsite b"lift/layer of topsoil and cost of distributing soil onto disturbed (3) Seed Cost: Type __ Rate Type Rate Type Rate (4) Seeding Equipment Cost: (5) Labor Cost: (6) Mowing Cost:^__ (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: Year Two: Year Three: Total: Date revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) 8. Other disturbances Yes ® No If yes,explain Upon subdivision and site plan approval with the city the entire subdivision will be improved and built out,with structures,paving,and required landscaping in the remaining areas The sites will be landscaped with required plantings and seeded or sodded with irrigation and regular mowing At this point weeds should not be a problem. 11 Timing of revegetation practices: Approximate seedingisod date(s) Note: If dependent upon natural precipitation for grass establishment then plant prior to May 15'6 for a spring seeding or after October 151h for a fall dormant seeding. Revegetation work done by Self ❑or Contracted ❑ Name of Contractor: Estimated cost of revegetation(other disturbances): (1)Topsoil Cost(yards): (2) Soil Replacement Cost:(includes cost of bringing onsite 6" lift'layer of topsoil and cost of distributing soil onto disturbed area) (3) Seed Cost: Type Rate Type - Rate— Type— — — Rate— --- -- --— - Type Rate (4) Seeding Equipment Cost: (5) Labor Cost: _- (6) Mowing Cost: (7) Other costs: Total estimated costs of revegetation for 3 years: Year One: Year Two: Year Three: Total: Dale revegetation work to be completed by: Written estimate provided by: (Attach written estimate to Weed Management and Revegetation Plan) Total estimated cost of implementing Weed Management and Revegetation Plan for a period of three(3)years(includes Herbicide+Cultural/Mechanical+Biological+Revegetation costs): 12 Year Herbicide_ Cultural/Mechanical —_Biological Rc%c etation 1 s500 S500 50 S15,453 — 2 $500 s0 SO SO 3 s0 so s0 s0 Total S1,000 $500 s0 S15,453 Grand Total: $16,953 List source of graNet/pit run/road mix/topsoil/etc. brought on-site for disturbance mitigation and/or construction. Name of Gravel Pit:Craze Mountain Rock Location: Livingston Contact Person: Dan Bates Does source of material have an approved Need Management and ReN egetation Plan on file with the Weed District? Yes ® No ❑ I3 D) APPROVAL OF NOXIOUS WEED MANACFME.NT AND REV EGETATION PLAN APPROVED K APPROVED WITH RECOMMENDATIONS ❑ NOT APPROVED ❑ AND OR CONDITIONS. RECOMMENDATIONS AND!OR CONDITIONS: The submitted Weed Management and Revegetation Plan is valid for three(3)years from date of approval by the Gallatin County Weed District. If prior to Final Plat approval a new Cooperator or Landowner becomes involved in the subdivision development process the new Cooperator or Landowner must resubmit a Weed Management and Revegetation Plan for approval by the Gallatin County Weed District. Prior to expiration the Cooperator and Landowner must submit a new Weed Management and Revegetation Plan for approval by the Gallatin County Weed District. The Cooperator will submit a year-end status report of the noxious weed control and revegetation that was completed within the subdivision to the Gallatin County Weed District by December 15th of each year. Upon Approved or Approved With Recommendations/Conditions the Cooperator agrees to comply with the above submitted Noxious Weed anag nd Revegetation Plan. (Signature of Weed Board Chairman an Re resentati ) (Signature of ooperator) t Q v,v% 1 L t1 e ✓� (Type/print name of Chairman/Reprle n five) (Type/print ame of Cooperator) (Date) (Date) 0 sz (S nature of Landowner) �t ., 5114 a (Type/print name of Landowner) z4dei (Date) With submittal of the Memoranda of Understanding for final plat approval the Cooperator will provide: I. Documentation that the above Weed Management&Revegetation Plan has beer implemented. 2. Copy of subdivision covenants that apply to noxious weed management. P ) Cooperator Initials 14 At Home On 1 he RAYL8c, P I V I l IL 84WAm-terdam i C� SZ0 Invoice Manhattan,MT 59741 DATE INVOICE# 406--282r7378 1✓9/�008 — -- - -. . - --- ML TO Pellows�ip$aptist Churcb I 2165 W Dursten Rcl � Boaeman,MT 59718 - -- ---- ------- - DESCRIMON _— - - AMOUNT Estimate for Mowing on Property 500.01 I f 1 i I 1 I t f +III I II I I Total 500.00 Id WdSS:£0 80OZ 60 'uef 9L£L Z8Z 90b 'ON XUA J1-IAua'ta=:)Sada6ueaaylupawoHly : W083 N- 41 U/ 1 1 24a bA l L-b UUNS;KUC T IUN iNC 4062821085 p 1 FRO" : ATHONEONTHERANGEPETCEMETERY FAX N7. 406 282 7376 Nov. 29 2007 09:22RM P1/i At Home On The Range Invoice 8400 Amsterdam Mmrattan,MT 59741 DATE N VO[CE* 406-282.-7378 i il%29%2W7 ---_ -- - ti Fellawxhip Baptist C6wrch 2165 W DuYBtov Rd Brnemnn,MT 5n8 Mimate for Spraying Weeds on Property 500.00 June 4. 2008 1-89177 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 'AT2016-4F ' 891_7-26118 7:08926-7,5920964 CHICAGO TITLE INSURANCE COMPANY 1 o the County of Gallatin and the City of_ Bozeman In Montana CHICAC;U T111_C• INSURANCE COMPANY.a corporation organized and existing under the labs of the State of%lissouri,with Its p iincipaI i,flicc on the C,tN of C'Irit,M0. 10inois,and dill) aiii1xiited to Insure titles In Montana hereby celirfies that Gun,Itc examination of these public records Nkhich eie impart constructive notice of matters affecting the title to the real estate described Jul Schedule A hereof,as of the 30th day of May 2008 at 5 o'clock P.M.,the title to the real estate was mdefeasibly vested in fee simple record in Fellowship Baptist Church of Bozeman, Inc. subject only to the obligations,hens.charges,encumbrances and other matters shown under Schedule B hereof The maximum liability of the undersigned under this cerlificate is limited to the sum of S200.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named MT2016 1-89177 C'HIC.ACQ TITI E IN'S('RANcr f omPAN , American Land Title Company of Alonlana 1800 West Koch Street Bozeman,l+4T 59715 r e+K iiilll �ti�*'� � FeYueni By; Brian Mills oP0"�f�'`ta i Arrt s �!y y 4 5r�n:ary Y Authorized Signatory pcmder Form Ne Q113(Rcpr,ntcd i 1/03) Prehmmary Swbdrvrsmn Ceri f¢aic of Titic For Csc In Montana Schedule A Page 2 Certificate No.: 7208926-75920864 Order No.: 1-89177 Being the legal description of the real estate covered by this certificate. The folio«ing described parcel of real estate: A tract of land being I of 5 of Annie Subdivision Phase 2,situated in the NEt.4 & SRI/ Section 2, T2S, 5h, P.M.M., C'it` of Bozeman. Gallatin County, Montana, and being further described as follows: Beginning at a point which bears N01°46'18"L from the C'4 of Section 2 of said Township and Range, said point being on the north right—of—,vay line of West Oak Street; thence along the east right--of-way line of North 271h Avenue N01 e46'18"E a distance of 1301.73 feet to the north line of said Lot 5 of Annie Subdivision Phase 2; thence along said north Iine N89°50'39"E a distance of 322.54 feet to the northwest corner of Rose Park;thence along the west line of Rose Park 1) S01°46'49"W a distance of 788.01 feet,2) along a curve to the left having a radius of 250.00 feet a distance of 189.35 feet, 3)S41°37'00"E a distance of 80.56 feet,4) along a curve to the right having a radius of 250.00 feet a distance of 180.81 feet, and 5)S001°10'45"E a distance of 112.07 feet to a point on the north right-of—way line of said West Oak Street; thence along said right—of—way line S89'40007'07W a distance of 518.24 feet to the point of Beginning. AMERICAN LAND TITLE COMPANY a., .��1 (Authorized Signature) Schedule A Preliminary Subdivision Certificate of Title(Montana) Schedule B Pak L Certificate No : 7208(;20-"59?N1 4 Order No.: 1-89177 Being all of the estates. interests, equities, laAN ful claims, or demands, defects, or objections NNhatsoeNer to title, and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessment% of whateNer nature), or encumbrances; and all other matters NShatsoe-ver affecting said premises, or the estate, right, title or interest of the record oNtiners, �i hich noi� do exist of record. 1. Exee.pt all minerals in or under said land including, but not limited to, metals, oil, gas. coal. stone and niinural ri�rhis, mining iiPhis and easement rights or other matters iclatmg thereto, \Nhetber expressed or nriplied. 2. Easements, covenants, conditions and restrictions, and other servitudes that arc not subject to the Montana SUbdiN ision and Platting Act are not shown herein 3 Takes for the second half of the ,ear 2007 and subsequent years. 1 axes for the first half of the near 20(l" are paid. Taxes f6i the second half of the rear 2007 are due and payable and N\ill he delinquent if not paid on or before May 31, 2008. Taxes for the year 2008 are a lien not vet duc or payable. Included within the General 1 axes are Gallatin Conservation District, Open Space Bonds. and Planning District. (Parcel No. RGG38895) 4. Special assessments levied by the City of Bozeman for 2007-2008 under Parcel No. 38895: First Half: District No. 8000 Street Maintenance District No. 8001 Tree Maintenance. Second Half: District No. 8000 Street Maintenance. District No. 8001 Tree Maintenance. Hrst and Second Half Installments are paid. No liability is assumed for any special assessments, snow removal, sewer assessment or garbage assessment not set forth in the Assessment Books of the City of Bozeman. (continued) Schedule B Prehm-r.2n SubdiN isu+n C cnificaie of Talc(Montana) Schedule B Pa-e 4 Certificate No : 7208926-75920864 Order No.: 1-89177 5. ]Montana Trust Indenture from Fellowship Baptist Church of Bozeman Inc., to American Land Title Company, as Trustee, and Roger H. Smith and Rosalind I. Smith, as Beneficiary, in the amount of$1,000,000.00,dated July 27,2005 and recorded July 27,2005 at 3:35PM. as Document No. 2195797. 6. No Search has been made for Neater rights and unpatented mining claims, and liability thereon is excluded from coverage of this certificate. END OF SCHEDULE B Schedule B Preliminary Subdtwsion Certificate of Title(Montana) PRII'VACY POLTICY \h/c collect nonpublic personal information about VOLT from the folloNving Sv L1I'CeS Information Nye receive from you, such as yOUr flame, address, telephone number, or social security number; I Information about your transactions with us, our affiliates, or others. NX/e recciN,c this information from your lender, attorncy, real estate broker, etc; and t- Information from public records. We do not disclose any nonpublic personal information about our customers ur loj mcr customers to anyone, except as permitted by la«. We restrict access to nonpublic personal information about you to those employees \vho need to knov,, that information, to provide the products and services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that comply with appropriate federal and state regulations, If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. FJJ)iTY NATIONAL FINANCIAL_GROUP OF COMPANIES'PRIVACY ST,aTEM>~ July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal infonnation t"Personal Information"i.and to whom it is disclosed,will form the basis for a relationship of trust between us and the puhli, that we serve. This Pri\acy Statement provides that explanation. We reserve the right to change this Privacy Statement trom time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: ® From applications or other forms we receive from you or your authorized representative; ■ From your transactions with.or from the services being performed b},as.our affiliates,or others; ■ From our internet web sites. • From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others:and ■ From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access of intrusion. We limit access to the Personal Information only to those employees who need such access in connection with pro- viding products or services to you or for other Iegitimate business purposes. 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We also may disclose your Personal Information when other- wise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed. Also,certain states afford you the right to request correction,amendment or deletion of your Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial,Inc. 4050 Calle Real,Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us.We apologize for any inconvenience this may cause you. Park Dedication Requirements Annie(Smith Annexation) August 24,2005 Subdivision/Project Approval # of Lots #of DU Net Lot Zone Max DU Park Prior to July 26, 1999 Date Area 2005 UDO Ded. Reg. Annie Ph. I Major 12/1/86 4 4 1.12 R-O 4 Arcadia Gardens 12/1/86 3 160 10.65 R-4 128 Brentwood _12/7/90 76_ 76 14.452 R-1 7_6 _ Castlebar 1,3 5/30/95 1 72 5.75 R-3 69 Brentwood Ph.II 9/12/95 33 33 6.69 R-1 33 Durston Meadows Ph.1 1/3/97 22 22 2.949 R-3 22 Durston Meadows Ph.2/3 7/10/98 44 44 5.81 R 3 44 Lotl,COS2089 Hi h ateHouse 1/14/99 1 1 94 6.35 R-3 62 Durston Meadows Ph.4/5 5/4/99 41 41 5.61 R-3 41 Durston Meadows Ph.6/7 6/16/99 34 34 4.72 R-3 34 Rose Park MF Subd L4) 6/30199 24 94 6.96 R-3 84 1/9 TH TOTAL 71.061 7.896 i Subdivision/Project Post July 26, 1999 Snowload Condos 3/7/02 3 19 3.00 R-3 19 0.57 Durston Meadows Condos 5/9/02 1 10 1.43 R-3 10 0.30 Annie Ph. IIIA(Ll) 9/12/02 44 51 7.49 R-3 51 1.53 Highgate Village,COS2089 2004 1 14 0 R-3 14 0.42 Annie Ph. IIIB Prea 9/05 7 13 1.53 R-3 13 0.39 0.03 TOTAL 13.45 107 3.21 Prior to July 26, 1999 Total 7.896 Post 1999 Total 3.21 TOTAL REQUIRED 11.106 INFORMALS/UNDE V ELO_PED Annie Ph. 11, 1,51Informal NA 1 140 10.99 R-3 132 3.96 Annie Ph. IIIC NA 4 7 3.991 R-3 38 0.21 Lot 4.Minor 319 NA 1 unk 33.97 R-3 408 12.24 48.14 _ 16.41 1 AMENDED PLAT of LOT 5 OF ANNIE SUBDIVISION PHASE 2 A TRACT OF LAND SITUATED IN THE NEI/4 & SEI/4 OF SECTION 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALIATIN COUNTY, MONTANA I"A Al LOT 38 'r % 7A LOT 5A _2= POINT OF BEGINNING �;'wl��-- �� "yr a stmMr W"IEWWO )DETAIL A , r , i� }.I1+ i � 1 f l 1 ' 1 1 TS C H A C H E LANE ',A"TXV ENGINEERING& SURVf17NG IMPROVEMENTS z LOT 5B OF AMENDED PLAT OF LOT 5, ANNIE SUB. PHASE 2 BOZEMAN, MONTANA 6D.aG ✓•EM'ST MNM) PUOUC MCNT-OF-MAY {]'(fAlOrtJTW RAPT:T MIIR^M) To T OD DER E / tA.07 ONE l T/ 6.00 6.00' EYERTSNCr tA.OD TJITNwG ERNE/ I{,00' CY[RGCNCT COO 600' 100' rtpEwA�t BQAFVAgp vARNelc OI6VN0 LAME RATMO Md gaY.NG IANE DARNING DTMEVAFD SAENAIN T W A nREV00'xY p�N5m.TED TO STA 2.65.J6 — 200 STA 21 W TO Ja• W TRW=-TO 2E zz 20D 3 141 STANDND _ � .7;� ioy___�_ ��s 3x -1-Pl 6•TGPSOR 6•To+ Ot}IPACT EUB�GRAOE SEEDED MM 6EEOED MTN CMTRA^TON f0 CWgTiON PI/.NT wX ASVNµT SURTApNG SW/IA-MX =AA"N% AG RE-WD TO YELT S IRN.OEPM A•Y-A000 CONCRETE COAIPACTIW REOUtItP1 n CMISNED CRAML BASE CO X �A1 NORTH 27TH AVENUE-25 FOOT SECTION r IRN CETM Y wAGNm auvEL SLID-O clU YPI9AES�CTICN EYOCD=4 OR AP%DYEGD F D'NNUS Pli RIIN GRAVEL t0•MN.om" r� > AS(TEST MNO' RIAAIC @Wr-aT-wAr AS(FEEAO T RAPIST(M.01) Q Q 1 mA o 00 )W [C N 6 60o' �vETRTIQTICY 1Aool TIIRIXNG IANE/ 1J00' YERGENcr T00 .oD m Q H — DRI•WG IANE -70 uE1XW _ MVNG LINE PA NG _Y U AAO_SDENAI, J 100 cc JoJ sz STA 2+65.]6 pEGlx 2A'SCCRpI J h LL 2 W 2,00 -LLSVLL 6"TOv501L 6•TOPDOI OOYPACT SLID-GRADE SEEDED MM SEA©WM WNTRAC—TO C0-1 N FLINT MX ASPNAEi 91RFAONG SODMMi 16X SOOAAMI MX TtF0111BW TO YEET J'Y:N.BFTM A•M-A000 Cp1—m C9uPACTDN REarravv+rs CRV3IED GRAVEL DASE coum 8•YIN DEP1H J•wA41m g1AVfl. r NORTH 27TH AVENUE-24 FOOT SECTION WD-BAM CaRi'oi ��aDrzXTac TADmc TVPICAI.TiEG1X7N J•YKS FNT RUN WAVEL Au0C0 2001 OR APWiGVED T lo'uRl.pEviH EQUAL �( LEFT g�PNK PVC ZN4s ��; W "s_s IIv as- D-2 Variance Request Criteria Amended Plat of Lot 5,Annie Subdivision Phase 2 On behalf of our client,Fellowship Baptist Church,we are requesting a variance from the code provision submitted by City Engineering during the preliminary plat review, which states: North 25'h shall be constructed from Oak Street to Tschache Lane. This shall include curb and gutter on both sides,sidewalk on the west side only,and any necessary utility extensions. The required right-of-way width for North 25'h is 30'. This requirement places an unnecessary hardship on our client. As a non-profit entity,the financial burden of constructing this street is significant. In addition,it does not benefit their project,nor is it amenable to the neighboring land use. We realize that the City Engineering department is not supportive of a request to not construct the road. Our client would ask.however,that the city participates in some of the costs associated with this construction, if they will not allow the removal of this code provision. We have estimated the construction costs for N.251h Street to be approximately$200,000,not including any engineering or construction management costs. This is for constructing the entire width of the road the length of the property as provisioned by the city,although half of the street is on the City's property of Rose Park. Since the park will be equally served by this road,and it is the city's request that the road be built in the first place,we would ask that one or more of the following options be considered: OPTION A The city allows the removal of the condition requiring N.25'h Street to be built from the preliminary plat conditions for this project,as well as the site plan conditions for the construction of the church,which are still applicable to this project. The church is willing to provide a shared parking agreement with the city,allowing users of Rose Park to use their parking lot(once constructed)to offset any on-street parking that may be lost with not constructing N.25'h Street. OPTION B The city pays for one-half of the construction costs of N. 25d'Street, or reimburses Fellowship Baptist Church the same amount upon the church's financing of the said road construction. OPTION C The city gives the church credit in impact fees in return for the church's financing of the entirety of the road construction for N.25"'Street. The following addresses review criteria listed in the Bozeman Unified Development Ordinance, Section 18.66.070.B,for considering subdivision variances: 1."The granting cif the variance will not he detrimental to the public health, safety, or general welfare, or he injurious to other adjoining properties." The granting of this variance through any of the above options would not pose any detriment to public health,safety,or welfare. With either option,adequate parking would be provided for users of the park,either on-street or in the church's future parking lot. With Option A,the public would actually have a larger park area to enjoy with less traffic conflicts. While the connectivity between Tschache and Oak Street would be technically less for not constructing N. 251h Street,the loss of one stretch of local street would be insignificant,especially with the completed construction of a collector street(N.27'h Street)400 feet to the west. There are no accesses planned along N.25'h Street to any lots between Tschache and Oak at this time,and no PLANNING BOARD AND CITY COMMISSION STAFF REPORT FELLOWSHIP BAPTIST CHURCH MINOR SUBDIVISION FILE NO. #P-08007 Item: Subdivision Preliminary Plat Application #P-08007 --- an application for preliminary plat review of a Second or Subsequent Minor Subdivision from a Tract of Record to divide approximately 10.990 acres into two residential lots zoned "R-3" (Residential Medium Density). Owner: Fellowship Baptist Church 2165 Durston Road Bozeman, MT 59718 Applicant: Fellowship Baptist Church 2165 Durston Road Bozeman, MT 59718 Representative: Gaston Engineering and Surveying P.O. Boa 861 Bozeman, MT 59771 Date/Time: Before the Bozeman Planning Board on Tuesday, October 7, 2008 at 7:30 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Before the Bozeman City Commission on Monday, October 20, 2008 at 6:00 p.m, in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Dave Skelton, Senior Planner Department of Planning and Community Development Recommendation: Conditional Approval Preliminary Plat Denial Variance Request PROJECT LOCATION The property in question is located at the northeast corner of the intersection of North 27'h Avenue and West Oak Street and is legally described as Lot 5, Annie Subdivision, Phase 2, located in Northeast One-Quarter and Southeast One-Quarter of Section 2, Township 2S,Range 5E, PMM, City of Bozeman, Gallatin County, Montana. The property is presently zoned R-3 (Residential Medium Density District) and is commonly referred 1541-1691 North 27°i Avenue. Please refer to the vicinity map provided on the following page. Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 I mmmm I -- �~l Subject fVR-4 [Property L Ts hache!St T R-3 N R-3 z 5ti W ak-St R=1 RECOMMENDED CONDITIONS OF APPROVAL: Pursuant to Section 18.06.040 of the City of Bozeman Unified Development Ordinance, the Planning Board shall review the preliminary plat application to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Monday, October 20, 2008 public hearing. Planning Board Resolution #P-08007 and minutes of the PIanning Board's October 7, 2008 meeting will be forwarded to the City Commission and made a part of the Commission's record. The City of Bozeman Department of Planning and Community Development Office, Development Review Committee and other applicable review agencies have reviewed the Preliminary Plat application, and as a result recommend conditional approval of the preliminary plat application with the following conditions outlined below: City Engineer's Office: 1 The east half of North 27"' shall be constructed to a collector standard along the entire boundary of the lot. The required right of way width for North 27'h is 45'. 2 The remaining southern portion of Tschache Lane shall be constructed from North 27t' to North 25th. 3 North 25`' shall be constructed from Oak Street to Tschache Lane. This shall include curb and Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 2 gutter on both sides, sidewalk on the west side only, and any necessary utility extensions. The required right of way width for North 25"' is 30'. 4 The sidewalk along Oak Street shall be installed in the standard location, 1" from the public street and utility easement that is currently in place for the future Oak Street expansion. 5 Street lights shall be installed in the locations required by Section 18.42.150 of the UDO with the construction of the roads. 6 Storinwater ponds that are receiving runoff fi•om public street shall be located in common open space unless a variance is granted. 7 Water and sewer stubs shall be provided to the lots to provide service for their future development. Planning Office: 8 The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state Iaw. 9 The final plat shall not be approved until resolution of the zone map amendment from R-3 to R-4 for Lot 5B has been formally adopted by the City Commission. 10 A transportation pathway will be required to be constructed along Tschache Lane from North 25th Avenue to North 27°' Avenue. A 25-foot wide public access easement shall be provided for said pathway. 1 I Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with the final plat of the minor subdivision. 12 A notation on the final plat shall be provided noting that no direct access from individual lots onto North 27th Avenue and West Oak Street is permitted, exclusive on any joint access easement noted on the final plat. A one-foot-No Access" strip shall also be noted on the final plat for said streets. 13 A minimum twenty (20) foot required yard setback is required along North 27"' Avenue and a twenty-five (25) foot yard setback along West Oak Street. Said notation shall be provided on the final plat. 14 Provisions for RSL lots will apply with development of Lot 5B and shall be recorded on the individual lot in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180 of the BMC. This includes both a notation and adequate identification of each RSL lot designation. The Work Force Housing chapter of the U.D.O. shall not apply to said minor subdivision. 15 Covenants, if applicable, shall address the requirements for street trees, a COB planting permit for street trees and obtaining utility locates before any excavation begins in the COB right of way. Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 3 16 Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner's association documents. 17 Construction of storm water facilities in the minor subdivision and Rose Park that encroach into the required front yard setbacks shall comply with 18.42.080 "Grading and Drainage" of the U.D.O. The storm water construction plans shall be submitted prior to a final plat application and provide a grading and landscape plan for each of the storm water facilities for review and approval by the Planning Office prior to proceeding with construction. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.L "Maximum Allowable Slope or Grade"of the U.D.O. 18 Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 19 Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 20 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. 21 Applicant shall provide with the final plat application a written summary addressing on the conditions of approval have been met, both specific and code provisions outlined in the staff report, as well as related code provisions provided by the City Engineer's Office and Planning Office, PROPOSAL The property owner, Fellowship Baptist Church, represented by Gaston Engineering and Surveying, has submitted a preliminary plat application for a Second or Subsequent Minor Subdivision from a Tract of Record to subdivide 10.990 acres and create two residential lots for future development. The site is situated east of West Winds Subdivision and west of Rose Park. Further east is the mixed-use commercial subdivision, StoneRidge Subdivision P.U.D., which is located in the North 190' Avenue entryway corridor. The applicant is requesting with the preliminary plat application a variance to Section 18.44.060 "Street Improvement Standards" of the Unified Development Ordinance (U.D.O.) for improvements to North 251h Avenue. The subject property is vacant, undeveloped land currently zoned "R-3" (Residential Medium Density). On August 4, 2008 the applicant received preliminary approval for a zone map amendment from "R-3" to "R-4" for the north 2.818 acres of the site (i.e., Lot 513). As a contingency of the zone map Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 4 amendment approval the applicant is required to create a two-lot minor subdivision that would establish a legal boundary between the two zoning designations. As a result, this preliminary plat application would create Lot 5A for "R-3" (Residential Medium Density) development and Lot 5B for "R-4" (Residential High Density) development. ZONING DESIGNATION & LAND USES The subject property is currently vacant. annexed land and is zoned "R-3" (Residential. Medium Density District). The site has been partially disturbed by construction activity related to site improvements fiir the future church, as well as operation of a temporary gravel transfer station. The following land uses and zoning are adjacent to the subject property: North: Tschache Lane and partially developed land zoned R-4 (Residential High Density District). South: West Oak Street, and developed lands (i.e., Castlebar Apartments and Annie Subdivision, Phase Three) zoned R-3 (Residential Medium Density District). East: Rose Park zoned R-3 (Residential Medium Density District) and StoneRidge Subdivision P.U.D. zoned B-2 (Community Business District), West: North 27`h Avenue and partially developed lands (i.e. West Winds Subdivision, Phase IA and 1B) zoned R-3 (Residential Medium Density District). ADOPTED GROWTH POLICY DESIGNATION The Future Land Use Map of the Bozeman 2020 Community Plan designates the property to develop as "Residential". The "Residential" land use defines areas where the primary activity is residential with other uses pennitted that complement residential land uses such as parks, low intensity home based occupations, fire stations, churches, and schools. All residential developments should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion that advances the overall goals of the Bozeman 2020 Community Plan. PRELIMINARY PLAT SUPPLEMENTS A pre-application plan review was evaluated in July of 2007. The Development Review Committee and other applicable review bodies considered the pre-application and discussed the area's transportation system (i.e., North 271h Avenue, North 25°' Avenue, and West Oak Street), alignment of North 25rh Avenue and North 271" Avenue, transportation pathway along Tschache Lane, public parkland, street and sidewalk improvements, and infrastructure improvements. The applicant requested with the pre- application review waivers from the materials required by Section 18.78.060 "Additional Subdivision Preliminary Plat Supplements" of the UDO. After consideration of the applicant's request, the Development Review Committee (DRC) granted the requested waivers finding that the information provided with the preliminary plan application for Annie Subdivision, Phase 2, was still adequate. FeUowship Baptist Church Minor Subdivision Staff Report-#P-08007 5 BACKGROUND The proposed two-lot minor subdivision is a 10.99-acre parcel created with Phase 2 of Annie Subdivision in 1995. It is part of the greater Annie (Smith) Annexation that annexed approximately 241 acres of agricultural farmland to the corporate limits of the City of Bozeman in 1985. In addition to the Lone map amendment described above, the landowner received Final Site Plan approval in 2007 to proceed with construction of a 53,000 square foot church and related site improvements on the subject property. The applicant intents to proceed with construction of the church on Lot 5A and market Lot 5B for residential development as "R-4- (Residential High Density)property. STAFF FINDINGS/REVIEW CRITERIA The basis for the City Commission's decision to approve, conditionally approve or deny the subdivision shall be whether the preliminary plat, Planning Board advise and recommendation, and additional information demonstrates that development of the subdivision complies with the Unified Development Ordinance, the City's growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances. The Montana Subdivision and Platting Act established six primary review criteria. which the governing body must also consider when evaluating subdivisions. Planning staff, the DRC, and other reviewing agencies have made comments in relation to those and other criteria as described below, and have recommended conditions as outlined in this staff report. A. Primary Review Criteria 1. Effects on Agriculture The area has been platted and subdivided as part of Annie Subdivision, Phase 2, and does not currently support agricultural uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities were identified. 3. Effects on Local Services Water/Sewer. City water and sewer services currently exist in North 271h Avenue to service the two-lot minor subdivision. Placement and location of water and sewer service connection will be further addressed with review of the plans and specifications by the City Engineer's Office. Police/Fire. The property is well within the City's Police and Fire emergency response area. Streets. West Oak Street and Tschache Lane are currently constructed to City standards for a minor arterial and local street. The east half of North 27'h Avenue, a collector road, will be constructed by the applicant, as well as the local street, North 25'h Avenue. No direct access onto West Oak Street and North 27'h Avenue will be permitted with exception to the joint access easement at the intersection of North 271h Avenue and Breeze Lane, Pathways: The Bozeman 2020 Community Plan calls for a proposed shared use pathway along Tschache Lane. This pathway is currently established along Tschache Lane with the StoneRidge Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 6 Subdivision PUD and should be continued along the frontage of this minor subdivision between North 25'h Avenue and North 27"'Avenue. Stormwater. A preliminary Stonnwater Master Plan for street runoff is provided with the preliminary plat application. These facilities will be further reviewed to meet City design standards with the final plat and will require the approval of the City Engineering office and Planning Office. Parks. The parkland requirements for this two-lot minor subdivision were met with the filing of the final plat for Phase 2 of Annie Subdivision in 1995 with dedication of Rose Park, an 18.512 acre public park. Utilities. As this is a subsequent subdivision of an existing lot in Phase 2 of Annie Subdivision electricity, gas, cable and phone utilities currently exist on the subject property. Any additional easements identified by the local utility agencies will be recorded with the final plat. 4. Effects on the Natural Environment The noxious weed control plan prepared by the applicant was reviewed and approved by Gallatin County Weed Control Office on January 30, 2008. Prior to final plat approval the County Weed District will verify that said weed control has been implemented as prescribed in the management and revegetation plan. 5. Effects on Wildlife and Wildlife Habitat No known endangered species or critical game ranges have been identified on the proposed subdivision. Historical use of the property as agricultural lands and no evidence of mature vegetation or any physical features (water courses, wetlands, etc.) on the site essentially reduces the potential for development of any wildlife habitat. Therefore, no significant effects on major wildlife game and their habitat should occur as a result of the proposed minor subdivision. 6. Effects on Public Health and Safety The intent of the regulatory standards set forth in the Unified Development Ordinance of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed and detennined to be in general compliance with the title. Any conditions deemed necessary to ensure compliance have been listed by the Development Review Committee and are noted accordingly as conditions of approval in this staff report. a. 18.42.060.B.1.a "Private Utilities" — The final plat and/or association documents shall contain a note stating that if a utility easement is greater than the building setback required by the U.D.O. said easement shall apply. b. 18.42.120 "Mail Delivery" — An off-street area for mail delivery shall be provided if mail delivery will not be to each individual lot within the development. Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 7 C. 18.42.180 of the BMC, the RSL designation will apply with development of Lot 5B and shall be recorded on the individual lot in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180 of the BMC. This includes both a notation and adequate identification of each RSL lot designation. The Work Force Housing chapter of the U.D.O. shall not apply to said minor subdivision. d. 18.44.120 "Public Transportation' — Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. e. 18.50.080.D "Stormy Water DetentionlRetention Ponds" — The park master plan shall provide a grading and landscape plan for each of the storm water facilities Iocated in dedicated parklands. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.18.48.050.L "Maximum Allowable Slope or Grade" of the U.D.O. This applies to that portion of the storm water facilities for the public streets located in Rose Park. f. Per Section 18.50.090 of the BMC, executed waivers of right to protest*creation of special improvement districts (SIDS) for a park maintenance district shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. g. Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, joint access easements, stonnwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. • These documents shall include a common area and facility maintenance plan and guarantee for the permanent care and maintenance of open spaces, stonnwater facilities, and shared parking lots in accordance with Chapter 18.72 of Bozeman Municipal Code. • 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 inust be submitted for review and approval by the Planning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. • These documents shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder-at the time of final plat recordation. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and PIatting Act. The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 8 The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: 1. In accordance with UDO Section 18.42.060, all easements, existing and proposed, shall be accurately depicted on the final plat. 2. The final plat shall conform to all requirements of the Bozeman Unified Development Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and correct 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. ;. Pursuant to Section I8.06.040.D.6, conditional approval of the preliminary plat shall be in force for not more than one calendar year. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. 4. Pursuant to Section 18.74.030.B. if it is the developer's intent to file the plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If 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. 5. Pursuant to Section 18.06.060. the applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this information can be found. D. Compliance with the required subdivision review process. A subdivision preapplication was submitted on June 15, 2007. The pre-application was reviewed by the DRC on July I and July 18, 2007 and summary review comments forward to the applicant in preparation of a preliminary plat application. A preliminary plat application was submitted on June 1], 2008 and the required completeness letter was sent on June 27, 2008. The preliminary plat was reviewed by the DRC on July 30 and August 6, 2008. On the final week of DRC review, a favorable recommendation was forwarded for consideration by the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 3, 2008. The site was posted with a public notice on August 1, 2008. Public notice was sent to 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 August Fellowship Baptist Chureh Alinor Subdivision Staff Report-#P-08007 9 1, 2008. One letter of public testimony was received at the Department of Planning & Community Development in regards to this project. On August 13, 2008 the minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its August 19, 2008 public hearing and the City Commission on September 2, 2008. Prior to the Planning Board considering the application, the applicant elected to amend the preliminary plat application to request a variance to the U.D.O. for street improvements to North 25"' Avenue. Said request for a variance to the U.D.O. required further notice of public hearings before the Planning Board and City Commission. The matter was opened and continued before the Planning Board and Commission to allow for proper noticing. The Planning Board is scheduled to hear the matter on October 7, 2008 and the City Commission will consider a final action at .their October 20, 2008 public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of Record within 60 working days of the date the preliminary plat was deemed complete is nullified based on the applicant amending the preliminary plat application to request a variance to the U.D.O. for street improvements. E. Provision of easements for the location and installation of any planned utilities. A 12-foot utility easement currently exists along the southern portion (along Catron Street) of the property. A detailed plan of utility locations and associated easements is required as part of the civil drawings necessary during site plan review. F. Provision of legal and physical access to each parcel. The proposed Iots may have legal and physical access from North 25°i Avenue, Tschache Lane, and/or the joint access easement from North 27"'Avenue. 18.66.070 SUBDIVISION VARIANCES The applicant has requested a variance to Section 18.44.060 "Street Improvement Standards" of the Unified Development Ordinance, requesting to eliminate the recommendation of the Development Review Committee to construct North 25`1' Avenue from West Oak Street to Tschache Lane to City street standards for a local street. Per Section 76-3-596, MCA, a variance to the U.D.O. must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that the following review criteria are adequately addressed. 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties. The granting of this variance would be detrimental to the public health, safety, or general welfare in that it would not complete the area's transportation network for existing and future development. Furthermore it reduces the ability to provide direct access onto a local street when direct access on onto North 27°i Avenue and West Oak Street is already limited. The ability to Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 10 provide a secondary,emergency access to both parcels is also reduced. 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this title is enforced. Staff has not identified any particular physical surroundings, shape or topographical conditions (i.e., watercourse, wetlands, out croppings) of the site that would support the granting of said request. 3. The variance will not cause a substantial increase in public costs. This variance will result in public costs to complete the area's transportation network if the local street is not constructed with this subdivision. As a subdivision improvement and local street, construction of North 251" Avenue is not eligible for impact fee credits. Furthennore, the City does not participate in construction of local streets. Impact fee credits for construction of North 27`1'Avenue is not currently included in any capital improvement programs and would need to be added, thus adding future public cost. Bob Murray of the City Engineer's Office notes in his memorandum of September 9, 2008 that the City Commission heard the issue with an informal application on the matter and indicated that the street would be required. As a result, the recommendation of the D.R.C. has remained consistent with direction of the City Commission. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this title or with the City's growth policy. Section 18.50,060 "Frontage" of the U.D.O. states that public parkland shall have frontage along 100 percent of its perimeter on public or private streets or roads, unless specific criterion is met by the application. As Rose Park is situated immediately to the east of this minor subdivision, granting of the variance to eliminate construction of North 25`h Avenue would create nonconformity with this section of the U.D.O. for parkland frontage. Based on the findings outlined above. the Development Review Committee considered the applicant's variance request to the U.D.O.; and as a result,recommends denial of said request. PUBLIC COMMENT The Planning Office has received one letter of public testimony from the general public expressing concern with the applicant participating in the signal improvements at the intersection of West Oak Street and North 27'h Avenue, one-story height limitation for all structures, and participation in parkland improvements for Rose Park (see attached correspondence). Any additional public comments received after the date of this report will be distributed at the public hearing. Fellowship Baptist Church Minor Subdivision Staff Report-#P-08007 I1 CONCLUSIONIRECOMMENDATION Based on staffs evaluation of the applicant's proposal against the Bozeman 2020 Community Plan and Unified Development Ordinance, the Development Review Committee (D.R.C.) has forwarded a recommendation of conditional approval of the application for Preliminary Subdivision Plat review of the two-lot minor subdivision for Lot 5 of Annie Subdivision, Phase 2, with said recommended conditions of approval provided at the beginning of this staff report (pages 2 thru 4). THE BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE UNIFIED DEVELOPMENT ORDINANCE, Encl: Applicant's preliminary plat submittal materials CC: Fellowship Baptist Church,2165 Durston Road, Bozeman, MT 59718 Gaston Engineering& Surveying, P.O. Box 861,Bozeman, MT 59771 File No. P-08007 Fellowship Baptist Church Minor Subdivision Staff Report-4P-08007 12 $0 THE CITY OF BOZEMAN 20 E. OLIVE•P.O. BOX 1230 * BOZEMAN, MONTANA 59771.1230 • ENGINEERING DEPARTMENT 86 0 PHONE: (406)582.2280 • FAX: (406)582.2263 September 9, 2008 To: Development Review Committee From: Bob Murray,Project Engineer (� Re: Fellowship Baptist Church 2-Lot MiSub Prel. Plat#P-08007 Engineering does not support the requested variance. The standard practice on local streets that straddle a property line is to require the entire street to be built as long as an easement can be obtained from the adjoining neighbor. If they cannot obtain an easement, they are required to construct 24' of asphalt, along with the curb, standard boulevard, and sidewalk on their side. This requires that an additional 10' of right of way be dedicated to fit it all in within the property. In the end,this has been a wash financially. In addition to this standard requirement,this street is required to provide the park street frontage on the west side as is required by code (streets on all sides). In this case,the commission heard the issue during a previous informal review and indicated that the streets would be required. The applicant than submitted a site plan and was conditioned with the same requirements that are being applied here. Staff s position has been consistent throughout and consistent with the direction given by the commission. Finally, we feel that utilizing the Church parking lot through a joint parking easement for park users will create conflicts that the City will ultimately be responsible to mitigate. cc: ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK kAN EC�AUG 0 5DEPAMM6 ENT OF PLANNING D COMMUNITY DEVELOPMENT 214 l U,2Sn ✓ /3L'j3,2L" r!1 tvri L LfA-L o t% Al'i' LI cAn s) C�Lnfia--' A c L.l� f�}1. /7 WUU/Iur, PHoiTL' 2 -F�LS fit�a T'cZ 7-o La�-7L Z� 41• �57= ��S C o3T Z� in AfL—f A LL4tt 1 �' S7bIZ`( STl'L0Cru',2,6.E L 6L-,j -.s'f T e o A K J '2 A4.4-X 12t u -Ta 11 l�L--A hu rL / --6, L f-A ca w' 13 o 'Z,--M n,✓ 2 A/3 G s-- 6 r- A ti U s U— L- o Ll S Tx c- o rs 0 ,� �f�' ��;�1 n.�J-trz Tw s l'LLB+4sQ-( Z� K%r A L L o.JJ /t►�+�-t 3 S 7 t 2`i s/'7Y u �r✓� f A L,r 7 77! /�'9 z.,�,V PMZK— )'A R K r�G. 1 r Ls a_U— 13L-nf l,;: Tdl�l I—m Ll' b -nZ I R U"71Z 7Jp � ' ��'Ln_�L�/'"L-1,14L-Wr r' ' Pl/ R�- AM 71 z J/ L- 7'l�c-,iF S 1F/}1,'IL 15Z:Rlc14:S SAfAW . ,J Z S 1 � l�A 1'1'0�►(,,, /3 C,v-,iu ry,J /�r1 t J �� � � I,r _ I�� t _ � � ( �� �11 , Ail p L + West Winds s Subdivision o - -- r ' ; 1 ,' i _�_J 7 J, r SoneRidge Subdivision P U D 7------7 ;r r .1; F Subject Property West S� est Winds Sub L�_ 11 Rose Park Subdivision J _ S ./ 7G, if 7r- 2 V -T.7 �k ,i Cam. ,': E; D �J 7- F- � �.n U-1 F71- r S 1` 14 ! 7F T J C T l_�SubdivisionL Annie Subdivision Harvest Creek Subdi �tio nj 71 1-7 19 -1 V'�� 'ILL 1 . IVY— _11­­ . I ,- :51, �!� r r) . I, - .xnA= It , a AX L.q.nd 1, A AT FI J ElR 4 This nap was created by the (Aly of Bozeman Department of Plarimirig and Commt;ntty Development Fellowship Baptist Chruch Minor Subdivision ftv:sea. Aerial Vicinity Map I nth equa!s 460 feel BoZ�'.jr THE CITY OF BOZEMAN 20 E, OLIVE- P.O. BOX 1230 V 1 BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT 9�iy�1N88 0 PHONE: (406) 582-2280 • FAX: (406) 582-2263 September 9, 2008 To: Development Review Committee From: Bob Murray, Project Engineer (j) \ Re: Fellowship Baptist Church 2-Lot MiSub Prel. Plat#P-08007 Engineering does not support the requested variance. The standard practice on local streets that straddle a property line is to require the entire street to be built as long as an easement can be obtained from the adjoining neighbor. If they cannot obtain an easement, they are required to construct 24' of asphalt, along with the curb, standard boulevard,and sidewalk on their side. This requires that an additional 10' of right of way be dedicated to fit it all in within the property. In the end,this has been a wash financially. In addition to this standard requirement,this street is required to provide the park street frontage on the west side as is required by code (streets on all sides). In this case,the commission heard the issue during a previous informal review and indicated that the streets would be required. The applicant than submitted a site plan and was conditioned with the same requirements that are being applied here. Staff s position has been consistent throughout and consistent with the direction given by the commission, Finally, we feel that utilizing the Church parking lot through a joint parking easement for park users will create conflicts that the City will ultimately be responsible to mitigate. cc: ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK q°4 8O CITY OF BOZEMAN V9x Bozeman, Montana let c ° April 12, 2005 Mr.Dan Kamp 1103 Reeves Road West Bozeman, MT 59715 RE: Fellowship Baptist Church Informal Review,Oak and North 27`h Avenue Dear Dan: I want to hopefully clarify the North 251h Avenue extension issue, as discussed at last evening's Commission meeting. I did not have a chance to review my Commission meeting packet before the meeting last night, so was ill prepared to answer any questions. My confusion, and I think many others', came from the statement in the Commission Memorandum that said: "The Director of Public Service has indicated that a 30 foot access easement would be acceptable for future construction of the street. Depending on City Commission direction, the applicant would not be responsible for construction of their half of North 251h Avenue with their development. Then the City would be responsible for constructing the full 60 foot right of way in the future." During our staff discussion on this issue,the project engineer and I concluded that we would recommend to the Commission that North 25'h Avenue be extended along the east side of the property. We also indicated that if the Commission determined the construction of North 25`h Avenue was not needed at this time,we would then recommend that, at a minimum, a 30-foot access easement be obtained on the east side of the subject property. This would allow the future construction of North 25th Avenue, at some point in the future. How and by whom North 25`h Avenue would be constructed under that scenario was not discussed. If the Commission chose to not require North 25`h Avenue to be extended with this development, and instead required a 30-foot access easement, we would then recommend to the Commission that the property owner sign a waiver of right to protest creation of SID or other funding method for the future construction of the street. If the 30-foot access easement were not required, the Commission would be accepting the fact that there is no feasibility of extending North 251h Avenue from Oak Street to Tschache Lane in the future. After hearing the Commission comments last night,our recommended condition for any development of this lot will be to require North 25`h Avenue to be improved from Oak Street to Tschache Lane. If development of the property occurred in phases,phased construction of North 25`h Avenue and North 27th Avenue would be considered. For example,if only the southern portion of the lot were developed(ie the church and Street address:411 E. Main St. Phone: (406)582-2300 Mailing address:P.O.Box 1230 Fax:(406)582-2344 Bozeman,Montana 59771-1230 TDD:(406)582-2301 Mr. Dan Kamp April 12, 2005 Page 2 associated parking),then this developer would be required to improve both North 25ch and North 271h Avenues to a point slightly north of the northern edge of the developed portion of the lot. When the northern portion of the lot developed,the developer would be required to extend both North 25`h and North 27`' Avenues to Tschache Lane, and Tschache Lane would be required to be improved at that time. I hope this clarifies the issue,Dan. If not,please call me at 582-2315. Sincerely, Debra H. Arkell Director of Public Services DA/dla Cc: Bob Murray,Project Engineer Ron Brey,Assistant City Manager Erin Daley,Planner Mayor Cetraro and City Commissioners MINUTES OF THE WORK SESSION MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 19,2005 The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building,on Monday,April 11, 2005,at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Public comment No comment was received under this agenda item. Informal review-Fellowship Baptist Church-proposal to construct new church at northeast corner of intersection of West Oak Street and North 27th Avenue and residential development immediately to the north (along west side of Rose Park) (1-05006) Included in the Commissioners' packets was a memo forwarding an informal proposal from the Fellowship Baptist Church. Planner Erin Daley noted that the Fellowship Baptist Church wants to relocate its church from the comer of Durston Road and North 22nd Avenue to the comer of West Oak Street and North 27th Avenue, along the western boundary of Rose Park. She stated this application has been reviewed by the Development Review Committee; and their comments are included in the Commissioners' packets. Planner Daley gave a brief overview of the proposal, noting that this property potentially has street frontage on all four sides. The applicant is proposing a church on the south end of the parcel and possibly residential development on the northern portion. The proposal includes not extending North 25th Avenue, but street improvements to only North 27th Avenue and Tschache Lane, staff, however, feels that North 25th Avenue should be extended. The Planner noted that issues identified during staff review of this application include connectivity,public access to the park,parking for the park,and notallowing access from West Oak Street. Mr. Dan Kamp, architect representing the applicant, stated the applicant has the subject property under contract and is now doing its due diligence. He noted it is difficult to find affordable property on which to construct a church;and this parcel stretches the church's financial abilities. As a result, it is looking for creative ways to complete the project. He noted the original concept was to make the parking lot available to the public for access to Rose Park when it is not being used for church events; however, discussion during the Development Review Committee meeting pointed out some potential conflicts and issues. He indicated that the proposed residential development on the north end of the site is designed to reduce the overall cost of owning the property,although nothing specific has been proposed to date. Mr.Kamp turned his attention to the issue of north/south connectivity between West Oak Street and Tschache Lane. He questioned the importance of extending North 25th Avenue or providing any other north/south connector through this property since North 27th Avenue runs along the western boundary and is to be constructed as an arterial. He cautioned that extending North 25th Avenue along the western boundary of Rose Park will essentially create the type of situation that exists around Kirk Park, which he feels generates conflicts and potential safety hazards; and noted the applicants prefer a Lindley Park fee(, where safety is provided for those using the park through access that does not result in through traffic. 04-11-05 work -2- Mr. Kamp stated the applicant has no problem removing the access from West Oak Street shown on the conceptual drawings,thus providing all access to this site from North 27th Avenue. He stressed that the primary concern of the applicant is the cost of infrastructure improvements, particularly if required to construct North 25th Avenue. Also, requiring street dedications on all sides of the parcel will reduce the amount of land available for development. Responding to questions from Commissioner Kirchhoff, staff indicated that Tschache Lane is designated as a local street. Also, the unified development ordinance requires that street frontage be provided along 50 percent of a park's perimeter to provide ease of public access. Planner Daley then indicated there is 367 feet between North 27th Avenue and North 25th Avenue at the north end of this property. Commissioner Krauss noted that North 25th Avenue is the same length as,and parallel to, Hunters Way; and he supports its extension to the north. Commissioner Kirchhoff expressed his support for the staff comments, noting he feels it makes sense to extend North 25th Avenue to Tschache Lane and keep the street grid system alive. He acknowledged that installation of the street will result in a hardship on this applicant, but to not require the installation will result in a hardship on the street system over time. He also likes the idea of streets on all four sides of a park rather than the 50 percent frontage required by the code. He suggested one alternative to alleviate financial impacts on the applicantwould be to phase in development of North 25th Avenue rather than requiring immediate installation. Responding to Commissioner Youngman,Planner Daley stated that after the Development Review Committee meeting, she talked to the Director of Public Service and Project Engineer to discuss possible altematives. At a minimum, she stressed the importance of acquiring an easement or dedicated right-of- way for North 25th Avenue. Commissioner Krauss stated he feels North 25th Avenue ought to be constructed, noting it is important to provide streets that can share the traffic load. He also noted that, since development to the north and west will continue, connectivity is very important. Commissioner Hietala stated he,too,supports extension of North 25th Avenue; however, he feels there is a potential to be flexible on its installation. Responding to questions from Commissioner Hietala, Mr. Shaun Shahan, member of Fellowship Baptist Church, stated it is important to maximize development on the north end of the site to help pay for the costs of infrastructure. He noted that an east/west connector may also be required through this property, further reducing the amount of land available for development. Given the constraints that result from the street connections and setbacks, he estimated that possibly ten duplex lots could be created on the north end of the property. Mr. Dan Kamp noted that when Rose Park was first created, the City Commission supported parkland dedications that expanded that park area and asked if that is still a desire. If so,he suggested the possibility of using parkland dedication to write down the costs of infrastructure improvements. Director of Public Service Debbie Arkell noted that when Rose Park was dedicated, this subject property was included in the area for which that dedication was provided, so no additional parkland dedication will be required. Responding to Mr. Shahan, the Commissioners voiced interest in having an east/west connector through this property to provide access to Rose Park from the subdivision to the west; however, they indicated a willingness to be flexible on the alignment of that access. Commissioner Kirchhoff drew attention to thegreat park and trail system in this area and asked that the trail system be continued through this property. Mayor Cetraro concluded the agenda item by thanking the applicant for the opportunity to review this informal application. 04-11-05 work -3 - Discussion- initial review of proposed revisions to the unified development ordinance Associate Planner Chris Saunders gave a brief history of this revision process. He noted that the proposed revisions before the Commission at this time have been reviewed by the Planning Board and the Zoning Commission, and their recommendations have been included in the packet. He stated the index lists in numeric order the various edits and suggested that it be used to assist in this review process. He stressed that, if a majority of the Commission indicates that it is not willing to consider a proposed amendment, it will fall off the list of items to be considered further. A positive response at this time simply means that the proposed revision will go through the formal amendment process,which includes a public hearing before the City Commission. Commissioner Krauss suggested that the Commission review the list of revisions that are more editorial in nature or easy to make determinations on and submit them back to the Planning staff to proceed through the revision process. Associate Planner Saunders cautioned that if the proposed amendments are considered in batches every few months,the result may be the need to reprint the entire unified development ordinance multiple times because several of the revisions affect several different sections of the document. He then recognized thatdoing the small items first and then moving into the material elements might be the best way to approach these amendments. City Attorney Luwe suggested that,with a specific delayed effective date in the ordinance adopting any revisions, some of those concerns could be addressed. Associate Planner Saunders led the Commissioners through a review of individual revisions that were generally minor in nature, although a few policy issues were included on which there was little discussion and general consensus at the Planning Board and Zoning Commission reviews. As a result of that review,Associate Planner Saunders indicated staff will proceed with the identified revisions and bring them back through the formal process. Mayor Cetraro asked that the revisions for which Planning Board discussion has been provided be considered at the work session on May 9. Discussion- FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Southwest Building Industry Association to City Manager Kukulski, dated March 17, regarding the proposed fee increases for planning,zoning and annexation applications. (2) Letter from Prugh and Lenon Architects, dated April 6, requesting reconsideration of four conditions for approval of The Garage at City Center. Acting City Manager Ron Brey asked if the Commissioners wish to revisit The Garage at City Center and the conditions of approval, as requested by the applicant; a majority of the Commissioners indicated a willingness to do so. The Acting City Manager indicated that,as a result of that direction, staff will place this request on next week's agenda, at which time the Commission will set a date to revisit the application and conditions of approval. (3) Letter from Don Kreitz, dated April 4, voicing concern about the new library project. (4) Letterfrom Sean McNeill,dated March 30,drawing attention to thehealth problems revolving around the dog excrement in Cooper Park and voicing concern that this situation precludes families from enjoying the park. (5) Letterfrom Montanans Against Toxic Burning,dated April 11,expressing concern about the burning of Asarco slag in the Trident kiln. 04-11-05 work -4 - (6) Newsletter from Headwaters Recycling, announcing the next board meeting,scheduled for April 11 at Chico Hot Springs. (7) Letter from the State of Montana Department of Administration Local Government Services Bureau announcing the schedule for legislative updates and accounting seminars. (8) Agenda for the Gallatin Local Water Quality District meeting that was held on April 7. (9) Agenda for the School Board of Trustees meeting to be held at 7:00 p.m. on Monday,April 11, at the Willson School. (10) Agendas for the County Commission meetings to be held at 9:00 a.m.on Tuesday,April 12, and 1:30 p.m. on Wednesday, April 13, at the Courthouse. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, April 13, in the Commission Room. (12) Agenda for the Design Review Board meeting to be held at 3.30 p.m.on Wednesday,April 13, in the Commission Room. (13) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, April 27, at the Bozeman Public Library. (14) Commissioner Kirchhoff noted that Rhonda Larson, a graduate of Bozeman Senior High School and renowned flutist, is in Bozeman for several appearances, and her husband has asked that she be recognized. He then read a proposed proclamation and asked for Commissioner support in his presenting it to her at the concert on Wednesday evening; the Commissioners concurred. Adjournment-9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala,that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngma nd I or Cetraro; those voting No, none, A D W U CSTRARO, Mayor ATTEST: 2 RO--BN L. SULLIVAN Clerk of the Commission 04-11-05 work Fellowship Baptist Church MiSub RESOLUTION#P-08007 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD ON A RECOMMENDATION OF A PRELIMINARY PLAT APPLICATION OF A SECOND OR SUBSEQUENT MINOR SUBDIVISION FROM A TRACT OF RECORD TO DIVIDE 10.990 ACRES INTO TWO RESIDENTIAL LOTS ON PROPERTY ZONED "R-3" (RESIDENTIAL MEDIUIM DENSITY DISTRICT) WHICH IS GENERALLY LOCATED AT 1541-1691 NORTH 27TH AVENUE, AND DESCRIBED AS A LOT 5, ANNIE SUBDIVISION, PHASE 2, LOCATED IN THE NORTHEAST ONE-QUARTER AND SOUTHEAST ONE-QUARTER OF SECTION 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604, 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 a jurisdictional area created under 76-1-504, M.C.A.; and WHEREAS, Fellowship Baptist Church, represented by Gaston Engineering and Surveying, submitted a Minor Subdivision Preliminary Plat Application to divide 10.990 acres of land into two residential lots on property described as Lot 5. Annie Subdivision, Phase 2, located in the northeast one-quarter and southeast one-quarter of Section 2, T2S, R5E, City of Bozeman, Gallatin County; and WHEREAS, the applicant has requested a variance to Section 18.44.060 "Street Improvement Standards" of the Unified Development Ordinance, BMC, for street improvements to North 25°i Avenue; and WHEREAS, the proposed Minor Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section I8.06.040 of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, October 7, 2008, to receive and review all written and oral testimony on the request for said Minor Subdivision Preliminary Plat Application; and WHEREAS, one (1) letter of written testimony on the matter was received by the Plannin Office discussing the need for signalization at the intersection of West Oak Street and North 27`' Avenue,limiting building height to only one story, and providing adequate access to Rose Park; and WHEREAS, members of the City of Bozeman Planning Board discussed street improvements required with subdivision review, City participation with streets adjacent to public parkland, improvements to West Oak Street, Streamline delivery to the area, pedestrian crossways along West Oak Street, and improvements to North 25"' Avenue not required with the original Annie Subdivision Aspen Park Major Subdivision—Planning Resolution No.P-07027 1 preliminary plat; and WHEREAS, the City of Bozeman Planning Board, on a vote of 5 to 0, recommends conditional approval of Planning Application No. P-08007 for the two-lot minor subdivision with the conditions outlined in the staff report of the City of Bozeman Department of Planning and Community Development with a recommendation of denial for the variance request to Section 18.44.060 "Street Improvement Standards" of the Unified Development Ordinance. BMC; and NOW, THEREFORE, BE IT RESOLVED,that the City of Bozeman Planning Board, on a vote of 5 to 0, recommends denial of the application for a variance to Section 18.44.060 "Street Improvement Standards of the Unified Development Ordinance, BMC, and approval to the Bozeman City Commission to subdivide 10.990 acres of land into two residential lots on property described as Lot 5, Annie Subdivision, Phase 2, land located in the northeast one-quarter and southeast one-quarter of Section 2, T2S, RSE, PMM. City of Bozeman, Gallatin County, Montana be approved with the following conditions: City Engineer's Office: 1 The east half of North 27"' shall be constructed to a collector standard along the entire boundary of the lot. The required right of way width for North 27°i is 45'. 2 The remaining southern portion of Tschache Lane shall be constructed from North 27°i to North 25th. 3 North 25"' shall be constructed from Oak Street to Tschache Lane. This shall include curb and gutter on both sides, sidewalk on the west side only, and any necessary utility extensions. The required right of way width for North 25"' is 30'. 4 The sidewalk along Oak Street shall be installed in the standard location, I' from the public street and utility easement that is currently in place for the future Oak Street expansion. 5 Street lights shall be installed in the locations required by Section 18.42.150 of the UDO with the construction of the roads. 6 Stormwater ponds that are receiving runoff from public street shall be located in common open space unless a variance is granted. 7 Water and sewer stubs shall be provided to the lots to provide service for their future development. Planning Office: 8 The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 9 The final plat shall not be approved until resolution of the zone map amendment from R-3 to R-4 Aspen Park Major SubdiNision--Planning Resolution No.P-07027 2 for Lot 5B has been formally adopted by the City Commission. 10 A transportation pathway will be required to be constructed along Tschache Lane from North 25th Avenue to North 27°i Avenue. A 25-foot wide public access easement shall be provided for said pathway. I I Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with the final plat of the minor subdivision. 12 A notation on the final plat shall be provided noting that no direct access from individual lots onto North 27th Avenue and West Oak Street is permitted, exclusive on any joint access easement noted on the final plat. A one-foot "No Access" strip shall also be noted on the final plat for said streets. 13 A minimum twenty (20) foot required yard setback is required along North 27"' Avenue and a twenty-five (25) foot yard setback along West Oak Street. Said notation shall be provided on the final plat. 14 Provisions for RSL lots will apply with development of Lot 5B and shall be recorded on the individual lot in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180 of the BMC. This includes both a notation and adequate identification of each RSL lot designation. The Work Force Housing chapter of the U.D.O. shall not apply to said minor subdivision. 15 Covenants, if applicable, shall address the requirements for street trees,a COB planting permit for street trees and obtaining utility locates before any excavation begins in the COB right of way. 16 Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner's association documents. 17 Construction of storm water facilities in the minor subdivision and Rose Park that encroach into the required front yard setbacks shall comply with 18.42.080 "Grading and Drainage- of the U.D.O. The storm water construction plans shall be submitted prior to a final plat application and provide a grading and landscape plan for each of the storm water facilities for review and approval by the Planning Office prior to proceeding with construction. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.1- "Maximum Allowable Slope or Grade"of the U.D.O. 18 Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 19 Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that Aspen Park Major Subdivision—Planning Resolution No.P-07027 3 due to high ground water conditions full or partial basements are not recommended. 20 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. 21 Applicant shall provide with the final plat application a written summary addressing on the conditions of approval have been met, both specific and code provisions outlined in the staff report, as well as related code provisions provided by the City Engineer's Office and PIanning Office. DATED THIS 7TH DAY OF OCTOBER 2008, Planning Resolution#P-08007. Andrew C. Epple, Planning Director JP Pomnichowski, President & Chair City of Bozeman, Department of City of Bozeman Planning Board Planning& Community Development Aspen Park Major Subdivision—Planning Resolution No.P-07027 4 MINTTES CITY OF BOZEMAN PLANNING BOARD, COMMUNITY ROOM, GALLATIN COUNTY COURTIIOUSE 311 WEST MAIN STREET TUESDAY, OCTOBER 7, 2008 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:10 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street and directed the secretary to take attendance. Members Present: Staff Present: JP Pomnichowski, President Chris Saunders, Assistant Director of Planning Erik Henyon Allyson Bristor, Historic Preservation Officer Cathy Costakis David Skelton, Senior Planner Dawn Smith Tara Hastie, Recording Secretary Sean Becker Guests Present: Members Absent: Catherine Koenen Bill Quinn (excused) Dennis Foreman Chris Mehl (excused) Bruce Bradford Brian Caldwell (excused) David Peck Donna Swarthout (unknown) ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.; There was no public comment forthcoming. The public comment period was closed. ITEM 3. MINUTES OF SEPTEMBER 16,2008 Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski stated that the minutes from September 16, 2008 would stand as written. ITEM 4. PROJECT REVIEW 1. Subdivision Preliminary Plat Application #P-08007 (Fellowship Baptist Church MiSub) - A Minor Subdivision Preliminary Plat Application on behalf of the property owner and applicant, Fellowship Baptist Church, and the representative, Gaston Engineering and Surveying, to allow the subdivision of 10.99 acres into two lots for R-3 (Residential medium Density District) and R-4 (Residential High Density District) development. The property is legally 1 described as Amended Plat of Annie Subdivision Phase 2, Lot 5, NE ,a, SE '/, Sec. 2,T2S,R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (Skelton) Senior Planner David Skelton presented the Staff Report noting the Planning Board members had received an e-mail from him earlier that day with comments from Bob Murray and Debbie Arkell regarding the need to improve North 25'11 Avenue with this subdivision. He explained the zoning designation of the site was R-3 and noted it would be consistent with the Future Land Use Plan. He noted the surrounding developments and directed the Planning Board's attention to photographs from the site in each direction. He stated the Zoning Commission had approved the zoning of R-4 for property to the north one-third of the site and there was a condition in the ZMA that the subdivision be approved prior to development of the site. He stated there would be no additional parkland required for the proposal and parkland had been provided with the original subdivision review and development of Annie Subdivision. He stated the requested R-4 zoning designation would allow 18 dwellings per acre and the site could contain—45 dwelling units. He stated Tschache Lane would need to be completed and no direct access would be allowed onto Oak Street (Arterial Street). He stated the pedestrian/bicycle circulation along Tschache Lane would need to be carried through the site and provide connection to adjacent sites. He stated cash-in-lieu or other RSL mitigations would need to be provided and noted any development would be required to mitigate their impact on the community. He stated the key to the proposal would be good connectivity and keeping the grid system alive to share the traffic load in the area. He stated the threshold of improvements to the developer would be local streets and noted that North 27`h Avenue was eligible to be in the CIP so the issue was that the developer was ahead of the approval of the CIP. He stated the plan was to continue the local street through the site as had been recommended by the City Commission and that developers complete the connection in subsequent applications. He stated it would be crucial to implement the improvement of the local street as past experience had shown that half-streets did not work. He stated Staff and the DRC was not supportive of the requested Variance. He stated public comment had been received with regard to concerns that the existing traffic signal would not support the traffic generated by the proposed development. He stated Staff recommended approval of the two-lot Minor Subdivision,but recommended denial of the requested Variance. Vice President Henyon asked if adjacent landowners had been required to develop their portion of the street given that the City owned property in that location. Planner Skelton responded the City had split the right-of-way for road to the center line between the subject property and Rose Park. The City would participate by installing the sidewalks on the east side. President Pomnichowski responded that previous approval of the larger subdivision had included the condition that the improvements be made to the street; she noted the second subdivision of the property did not negate the original conditions of approval. Vice President Henyon asked if the property north of the site had been platted. Planner Skelton responded that public access easements for North 25`h were depicted on the site plan shown on the aerial photo for the extension of North 25`h to the north.. Ms. Smith asked if there would be any land gained on the south end of the property to provide for the widening of Oak Street. Planner Skelton responded that with this application additional right 2 of way is required for public access. Ms. Smith asked if there would be a wider road along the south boundary of Rose Park. Planner Skelton responded that this section of road was already developed based on the existing median in Oak Street. Ms. Smith asked if any width could be gained for 25'h Avenue along Rose Park. Assistant Director Saunders responded the City owned the land and could do with it whatever would be needed; he added the intersection required a non-standard cross-section due to the presence of power lines in that location. Ms. Costakis asked if Streamline delivered to the site. Planner Skelton responded he wasn't sure where they would deliver near the site as bus stops would be based on demand and they currently deliver along the two street frontages of Stoneridge PUD. Ms. Costakis asked if arrangements would be made to allow for bus routes to that location. Planner Skelton responded they did not see a need to provide a bus stop in that location due to its proximity to existing stops. Ms. Costakis asked if and when it became a bus stop,would it be the City's responsibility or the applicant's. Assistant Planner Saunders responded it would be Streamlines responsibility to install any bus stop. Ms. Costakis asked if Emily Dickinson School was near the site down 25°i Avenue. Planner Skelton responded it was. Ms. Costakis asked if children would have to walk to school from the development and if Staff thought the children would really go out of their way to get to school. Planner Skelton responded he thought they would go to the intersection where there would be some kind of traffic calming device, as well as signalization in the future, that would make for a safer crossing. Ms. Costakis suggested the pedestrian connection be provided across the arterial street where the kids would likely cross; she noted the same issue had come up with regard to Durston Road and 25"'Avenue. Planner Saunders responded part of the issue would be identifying the routes so that parents could teach the children how to identify safe routes to school and home. Catherine Koenen, Gaston Engineering, stated the applicant agreed with Staff conditions of approval and would be willing to comply with all of there with the exception of the denial of the requested Variance. She stated impact fee credits would not be applicable for the proposal and suggested the City should participate in the construction of the full width of the road; she noted no paybacks would be given to the applicant by the adjacent landowner(the City) and the improvements to the road would be a financial burden and hardship. The item was opened for public comment. There being no public comment forthcoming,the public comment period was closed. Vice President Henyon asked why North 25°i Avenue wasn't constructed at the time of the original approval. Planner Skelton responded the original intent was for the area to be parkland. Vice President Henyon asked how often a builder had to construct the street. Planner Skelton responded it would be dependent on the type and location of the development and how it would be developed. Dennis Foreman, Gaston Engineering, stated the Informal review of the proposal Iead the applicant to believe that the City would participate in half of the construction costs of the street. President Pomnichowski stated that for the sake of the subsequent minor subdivision the 3 conditions of approval from Staff were usual. She stated the UDO outlined four criteria that must be met to grant a Variance request and financial hardship did not constitute grounds for granting the request. Vice President Henyon noted that in the minutes of the City Commission meeting for the approval of the original subdivision that connectivity for the site was very important. He stated he agreed that financial hardship would not be grounds for granting the Variance. MOTION: Vice President Henyon moved,Ms. Smith seconded, to forward a recommendation of approval to the City Commission for Subdivision Preliminary Plat Application #P-08007 with Staff conditions and the recommended denial of the requested Variance. The motion carried 5-0, Those voting aye being Vice President Henyon,Ms. Costakis, Ms. Smith. Mr. Becker, and President Pomnichowski. Those voting nay being none. 1. Review and discussion of Chapter 4: Historic Preservation— (Bristor 01 Historic Preservation Officer Allyson Bristor presented the Staff Report notin, e Board had been given a draft of what they had suggested at their meeting two weeks prior. She noted facts had been included about the Conservation Overlay District and National Hfstoric Register. Ms. Smith stated page 4-4, objective 1.3 and 4.7 were connected and asked if there something in place to prevent the deterioration of structures. Planner Bristor responded the only regulations in place were relative to Building Codes until such a time as the structure became a public nuisance. Assistant Director Saunders responded the issue had been discussed at the City level. President Pomnichowski asked if there would be a City fund that would assist with the matter. Planner Bristor responded the City wanted to provide incentives for the property owner to provide for the maintenance of the structure,but no incentives were in place at this time. President Pomnichowski stated there were different standards for upkeep and the language should be sensitive to those circumstances; she state"she was supportive of language regarding structural integrity and incentives before requirements. Ms. Srntih asked if there was regulatory power available through the Historic designation. PIanner Bristor responded there would be regulatory power over the historically regis4ered homes,but not for the Conservation Overlay District. Assistant Director Saunders rsponded the City would like to be in a position to address those structures outside of the Overlay Districts. Ms. Smith stated everyone would want incentive to maintain the integrity oh heir property. Vice President Henyon added that waiving the fee for the COA application c�f,be a financial incentive,but he did not think the City would need to provide other incentives as increasing the property value should be the a good enough incentive. Planner Saurs stated the intent of Staff was to review whether or not there would be fairness issues, ab ment eligibility,revolving loan funds, etc. and would need to be reviewed by the City urrission. Vice President Henyon suggested he did not want to see the City funding financial incentives to maintain properties. 4 equestrian trails. President Pomnichowski responded equestrian trails had been addressed in the Transportation Plan, President Pomnichowski suggested the PB attend the County PB meeting to explain the updating process for the Growth Policy, Vice President Henyon stated the Drinking Horse trail had been opened and he commended GVLT on their fundraising. ITEM 7. ADJOURNMENT Seeing there was no further business before the Board,President Pomnichowski adjourned the meeting at 9:31 p.m. JP Pomnichowski, President Chris Saunders, Assistant Director Planning Board Planning& Community Development City of Bozeman City of Bozeman R p � C� C dMC AUG 0 5 2006 DEPARTMENT OF PLANNING AND COMMUNITY DMLOpMENT �'��Lr�,:��,ti•L- YCuoc..lsihP /�nl�t,.s, 2 /Ga` %�u12Sry ,,�� A!'/' L r cAn d kl f'1 jz�71 fir' Z-Ils m 4,lJ-72_, /-)7k/ L� 7-l7�' /d 1-1at ''C--nhA/ a/% 6AK oL 2 �V LEI I LL- / i7 a ur)iu A 77?4r� 1i(s l-r.. lT 1c;2 Lam,-1z 2� �l• s7= ,�S C o.7T. A uo S7/t UlGru`Zr-Y �'ctv l2J7- 7- -2 T 1 A4 A-x 1 tit kt.- ki LtIl l�Le n� 7-,4I$ UJ-AS k7=nir biwl 1��' r 13Q"Zke A,4 2,l36? u)-�Rtx/Tt.-1 JAL/A/ r' la.L)TZ,az (f,3AjS), j)Ank 6P Ault Llisu `YL sT)? o ,f 11)•{ftlZ m.3 P 1��4�f � �� �L c o.�1 /l ac,`-t 3 S n 2`! 5T1���T✓,�1 � �, C3 1.l )h XS A rs A-R)L l r 7 TL /�9 Sri= /91l7Zt o1 /�fJr b.()47Zf' ?A G. 1>' W 1 i. })'l2'L�i Z�l a, t-s� Ll e,J-TV/R V71Z TD '/-?k `/JL,'vz'L�f-L/44c-✓-r o r' Tom' Pl/ �/JflaTloJf�z_ 71?cam S , TRA)L-S Z S l L L .S6-7 Z BO2� CITY OF BOZEMAN Bozeman, Montana co.{° April 12, 2005 Mr.Dan Kamp 1103 Reeves Road West Bozeman,MT 59715 RE: Fellowship Baptist Church Informal Review, Oak and North 27th Avenue Dear Dan: I want to hopefully clarify the North 251h Avenue extension issue, as discussed at last evening's Commission meeting. I did not have a chance to review my Commission meeting packet before the meeting last night, so was ill prepared to answer any questions. My confusion, and I think many others', came from the statement in the Commission Memorandum that said: "The Director of Public Service has indicated that a 30 foot access easement would be acceptable for future construction of the street. Depending on City Commission direction, the applicant would not be responsible for construction of their half of North 251h Avenue with their development. Then the City would be responsible for constructing the full 60 foot right of way in the future." During our staff discussion on this issue,the project engineer and I concluded that we would recommend to the Commission that North 25`h Avenue be extended along the east side of the property. We also indicated that if the Commission determined the construction of North 251h Avenue was not needed at this time, we would then recommend that, at a minimum, a 30-foot access easement be obtained on the east side of the subject property. This would allow the future construction of North 25`h Avenue, at some point in the future. How and by whom North 25`h Avenue would be constructed under that scenario was not discussed. If the Commission chose to not require North 25`h Avenue to be extended with this development, and instead required a 30-foot access easement, we would then recommend to the Commission that the property owner sign a waiver of right to protest creation of SID or other funding method for the future construction of the street. If the 30-foot access easement were not required,the Commission would be accepting the fact that there is no feasibility of extending North 25'h Avenue from Oak Street to Tschache Lane in the future. After hearing the Commission comments last night,our recommended condition for any development of this lot will be to require North 25'h Avenue to be improved from Oak Street to Tschache Lane. If development of the property occurred in phases,phased construction of North 25`11 Avenue and North 27 b Avenue would be considered. For example, if only the southern portion of the lot were developed(ie the church and Street address:411 E.Main St. Phone:(406)582-2300 Mailing address:P.O.Box 1230 Fax:(406)582-2344 Bozeman,Montana 59771.1230 TDD:(406)582.2301 Mr.Dan Kamp April 12, 2005 Page 2 associated parking),then this developer would be required to improve both North 25`t' and North 27`h Avenues to a point slightly north of the northern edge of the developed portion of the lot. When the northern portion of the lot developed, the developer would be required to extend both North 25`h and North 27`h Avenues to Tschache Lane, and Tschache Lane would be required to be improved at that time. I hope this clarifies the issue,Dan. If not, please call me at 582-2315. Sincerely, Liz, Debra H. Arkell Director of Public Services DA/dla Cc: Bob Murray,Project Engineer Ron Brey,Assistant City Manager Erin Daley,Planner Mayor Cetraro and City Commissioners September 9, 2008 To: Development Review Committee From: Bob Murray, Project Engineer Re: Fellowship Baptist Church 2-Lot MiSub Prel. Plat#P-08007 Engineering does not support the requested variance. The standard practice on local streets that straddle a property line is to require the entire street to be built as long as an easement can be obtained from the adjoining neighbor. If they cannot obtain an easement, they are required to construct 24' of asphalt, along with the curb, standard boulevard, and sidewalk on their side. This requires that an additional 10' of right of way be dedicated to fit it all in within the property. In the end,this has been a wash financially. In addition to this standard requirement,this street is required to provide the park street frontage on the west side as is required by code (streets on all sides). In this case,the commission heard the issue during a previous informal review and indicated that the streets would be required. The applicant than submitted a site plan and was conditioned with the same requirements that are being applied here. Staffs position has been consistent throughout and consistent with the direction given by the commission. Finally, we feel that utilizing the Church parking lot through a joint parking easement for park users will create conflicts that the City will ultimately be responsible to mitigate. cc: ERF Project File