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HomeMy WebLinkAbout09- Fellowship Baptist Church Findings of Fact and Order 4~ Y BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT FELLOWSHIP BAPTIST CHURCH FOR PRELIMINARY AND ORDER PLAT REVIEW OF A TWO-LOT MINOR SUBDIVISION OF LOT 5, ANNIE SUBDIVISION, PHASE TWO, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance, public hearings were scheduled, after notice given, before the Bozeman Planning Board on August 19, 2008, and before the Bozeman City Commission on September 2, 2008, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat for a Second or Subsequent Minor Subdivision From a Tract of Record to subdivide 10.990 acres and create two residential lots, and the remaining area as public streets. The purpose of the public hearings was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment and recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of a Second or Subsequent Minor Subdivision From a Tract of Record for Lot 5, Annie Subdivision, Phase 2, a two- Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order ;~ '~~ I lot residential subdivision, was submitted to the City of Bozeman Department of Planning and Community Development by Gaston Engineering C & H Engineering & Surveying, Inc., on June 11, 2008. The subject property is legally described as Lot 5 of Annie Subdivision, Phase 2, located in the NE1/4 and SE1/4 of Section 2, T2S, RSE, P.P.M., City of Bozeman, Gallatin County, Montana. On June 17, 2008 the application was deemed acceptable for initial review by the Department of Planning and Community Development. On August 6, 2008 the Development Review Committee determined the required submittal material containing the detailed supporting information was adequate to allow for the review process to continue. II. On August 19, 2008 the applicant's representative, Jeremy Shea, Treasurer of Fellowship Baptist Church, requested that the public hearings before the Planning Board and City Commission be opened and continued to consider a modification to the preliminary plat application for atwo-lot minor subdivision to include a request for a variance to Section 18.44.060 "Street Improvement Standards" of the Bozeman Municipal Code to allow North 25t" Avenue to not be constructed to street standards as adopted by the City of Bozeman. III. On August 22, 2008 a revised preliminary plat application was submitted to the City of Bozeman Department of Planning and Community Development by Gaston Engineering & Surveying, P.C., requesting a variance to Section 18.44.060 "Street Improvement Standards" of the Bozeman Municipal Code, to allow North 25t" Avenue to not be constructed to street standards adopted by the City of Bozeman. On September 3, 2008 the Department of Planning and Community Development found that the modified preliminary plat application and required elements containing detailed, supporting information was deemed adequate for continued review. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 2 ,, IV. A second notice of a public hearing before the City of Bozeman Planning Board and before the Bozeman City Commission was published in the Bozeman Daily Chronicle on September 7, 2008 and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners within 200 feet of the subject property on September 8, 2008. V. The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of a Second or Subsequent Minor Subdivision From a Tract of Record for Lot 5, Annie Subdivision, Phase 2, on October 7, 2008. The Planning Staff reviewed the project at that time and discussed the recommended conditions of the Development Review Committee and local review agencies, applicant's request for a variance to the Unified Development Ordinance, need to complete North 25t" Avenue, pending zone map amendment for proposed Lot SB, continued bike path improvements along Tschache Lane, area's transportation connectivity, public comment regarding need for signalization at North 27t" and Oak Street, and avoiding construction of ahalf-street standard for North 25t" Avenue. The Planning Staff reported that one letter of public testimony on the matter of the preliminary plat application was received by the Planning Office expressing concern for protecting view sheds, limitation on building heights, and the need for signalization at the intersection of Oak Street and North 27t" Avenue. Ms. Catherine Koenen, Gaston Engineering & Surveying, P.C., representing Fellowship Baptist Church, stated agreement with the recommended conditions of approval with exception of the denial of the requested variance. Ms. Koenen suggested that the City should participate in the construction of the full width of North 25'" Avenue. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 3 ~~ The Planning Board then opened the public hearing on said matter and finding no public testimony forthcoming on the matter of the preliminary plat application, closed the public comment period of the hearing. VI. The members of the Planning Board discussed the requested variance to the Unified Development Ordinance, informal review comments by the City Commission, and need for continued connectivity in the area, . After reviewing the staff recommendation, hearing the applicant's presentation, written testimony, and finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance, Title 18, BMC, and the adopted growth policy, the Planning Board moved to recommend conditional approval of the subdivision with conditions recommended by the Planning. VII. The Planning Board found that with the recommended conditions as outlined in the staff report that the subdivision would comply with the primary review criteria, and therefore voted 7-0 to forward a recommendation of conditional approval for the preliminary plat and denial of the requested variance to the Bozeman City Commission as set forth in Planning Resolution No. P-08007. VIII. The matter of preliminary plat review of the two-lot minor subdivision was considered at a public hearing before the City Commission on Monday, October 20, 2008. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation with regard to the requested variance and recommendation of conditional approval of the preliminary plat as set forth in Planning Resolution No. P-08007. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 4 Mr. Bruce Bradford, representing the Fellowship Baptist Church, discussed the history for development of the property as a new church, need to create a second lot to financially build the church on the first lot, and emphasized the importance of limited cost for off-site improvements. IX. The public hearing portion on this matter was then opened to hear public testimony on the matter with three members of the general public offering comment on the matter regarding the requested variance for North 25t" Avenue, partial improvements for North 25`" Avenue, and general concept for future development and access to the property. The City Commission considered the staff report prepared by the Planning Staff and Development Review Committee, and the recommendation of the Planning Board and then discussed the need for street connectivity, public streets adjacent to parkland, impact fees, cost sharing, Capital Improvements List, and amendments to the recommended conditions of approval. X. The City Commission then considered the minutes of the Planning Board meeting, Resolution of the Planning Board, Planning Office staff report, public record, the developer's testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in Title 76-3-608, and found as follows: 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 27t" 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. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 5 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 27t" Avenue, a collector road, will be constructed by the applicant, as well as the local street, North 25t" Avenue. No direct access onto West Oak Street and North 27t" Avenue will be permitted with exception to the joint access easement at the intersection of North 27t" 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 Subdivision PUD and should be continued along the frontage of this minor subdivision between North 25t" Avenue and North 27t" Avenue. Stormwater. A preliminary Stormwater 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 determined 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. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 6 •-1 r 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. c. 18.42.180 of the BMC, the RSL designation will apply with development of Lot SB 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 "Storm Water Detention/Retention Ponds" -The park master plan shall provide a grading and landscape plan for each of the storm water facilities located 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.E "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, stormwater 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, stormwater facilities, and shared parking lots in accordance with Chapter 18.72 or the 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 must 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. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 7 ~r B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting 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. 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 adouble-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 3. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in force for not more than one calendar year. 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 pre-application was submitted on June 15, 2007. The pre-application was reviewed by the DRC on July 11 and July 18, 2007 and summary review comments forward to the applicant in preparation of a preliminary plat application. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 8 i ~, A preliminary plat application was submitted on June 11, 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 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. The City Commission is scheduled to make a final decision at the September 2, 2008 public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat must be made within 60 working days of the date it was deemed complete or in this case by September 8, 2008. 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 lots may have legal and physical access from North 25th Avenue, Tschache Lane, and/or the joint access easement from North 27th Avenue. XI. After considering all matters of record presented at the public hearings the City Commission found that the proposed preliminary plat for atwo-lot minor subdivision to divide 10.990 acres and create two residential lots and public streets, would comply with the requirements of the Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act if certain conditions were imposed. XII. The City Commission moved to amend condition three to add the sentence: "Road construction shall be concurrent with the development of each adjacent lot". The motion carried on a vote of 4-1. The City Commission then approval of the preliminary plat application for atwo-lot minor subdivision with the twenty-one (21) recommended conditions of approval as amended. The motion passed on a vote of 4-1. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 9 R= ORDER IT IS HEREBY ORDERED, on a vote of 4-1, that the Preliminary Subdivision Plat to subdivide 10.990 acres and create two residential lots and public streets has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of--way are provided. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. City Engineer's Office: 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 27t" is 45'. 2 The remaining southern portion of Tschache Lane shall be constructed from North 27t" to North 25th. 3 North 25t" 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 25t" is 30'. Road construction shall be concurrent with the development of each adjacent lot. 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 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. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order 10 I -'• 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 for Lot SB 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 27t" Avenue. A 25-foot wide public access easement shall be provided for said pathway. 11 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 27t" 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 SB 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.E "Maximum Allowable Slope or Grade" of the U.D.O. Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order l l ~~r 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. The preliminary approval of this subdivision shall be effective for one (1) year from the date of Preliminary Plat approval, or October 20, 2009. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided in the Bozeman Unified Development Ordinance for not more than one (1) calendar year. DATED this 22nd day of June, 2009. ATTEST: ~~ Stacy m n, City Clerk BOZEMAN CITY COMMISSION ,i"_. J S S, eputy Mayor APPROVED AS TO FORM: k Gre Sullivan, City Attorney Fellowship Baptist Church MiSub of Lot 5, Annie Subdivision, Phase Two -Findings of Fact and Order l2 AMENDED PLAT of LOT 5 OF ANNIE SUBDIVISION PHASE 2 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 ,o=,ww..~,... N "~p1-°.awo ~owwz>...:.omo . sie~.a- xze.n wi ~: wp~ _. a1-~u aofo"~~ >m is eT n~sii ~:N,9,oe aa~ o j II I~ II I I ~a na 1 i v.n «..sic. IIII I .. I II I i I II I ' - w rt xc~ u~p. e.zeo .wes I I I~ ~~ ~ ~I o ~ ~ ,o Es. s « ~sb.o w., ~ 11' __ :., -- -=_--_~ ~ V` ~ 41 4' a'~°I II ~0 9oE. I i ' I ~ iI ~ i ~ ~r ~~ ~, I, I ; ~ ~~ ~ ~ ~ w.,E, apm ,~ I;,~ s .,..,~..~~;.eb ~e p~al,b ~,e e~.. e„~. w..., ,IM„~..~,~. a.e ~,~.w~o.. d ~..~ , ~"~. ,. "a~~, ~.~~e.e. ~". 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