HomeMy WebLinkAboutFellowship Baptist full materials for 6-6.pdf1
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner Tim McHarg, Director, Planning and Community Development
SUBJECT: A Conditional Use Permit with Variances Application to allow the construction of a 53,587
square foot church with related parking and site improvements on property located on the northeast
corner of the intersection of West Oak Street and North 27th Avenue. The application for a conditional use permit includes a request for variances to Section 18.44.010A “Relationship to Undeveloped Areas” and 18.44.010.B “Relationship to Developed Areas” to not construct North 25th Avenue and provide for
the continuation of streets, Section 18.50.060 “Frontage” to not construct North 25th Avenue and provide
street frontage along the west perimeter of Rose Park. Zoning File #Z-11069.
MEETING DATE: June 6, 2011 AGENDA ITEM TYPE: Action Agenda Item
RECOMMENDATION: That the City Commission approves the Conditional Use Permit Application for Fellowship Baptist Church, Z-11069 Conditional Use Permit with Variances, Zoning Application #Z-11069 with said conditions as amended by staff. (Based on an agreement to implement a phasing
plan to complete North 25th Avenue, Breeze Lane and Tschache Lane the applicant has withdrawn their
request for variances to the Bozeman Municipal Code and therefore an action is no longer necessary).
RECOMMENDED MOTION FOR CONDITIONAL USE PERMIT:
“Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for Z-11069 and move to
approve Conditional Use Permit application Z-11069 to construct a 53,587 church and site related
improvements, hereby incorporating by reference the findings included in the staff report with
conditions as amended by staff, and subject to all applicable code provisions, and further confirm that the previous variance requests to the Bozeman Municipal Code are no longer required, in lieu of accepting the applicant’s withdrawal of the requested variances.”
BACKGROUND: On May 23, 2011 the City Commission delayed taking action on the Fellowship
Baptist Church Conditional Use Permit with Variances application to give the applicant the opportunity
to work with City staff on addressing the need to complete North 25th Avenue with development of the subject property. On May 25, 2011 City staff reviewed the matter of the local street with the applicant
and evaluated methods to construct the street whereby it would parallel the phasing plan for the church,
as well as the reminder of 10.99-acre lot. As a result, City staff and the applicant have prepared a
phasing schedule for construction of the North 25th Avenue , Breeze Lane and Tschache Lane that
Commission Memorandum
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parallels the phasing of the church and northern remainder of the lot (see attached “A”). A letter of
support from the applicant, in favor of the proposed phasing schedule as discussed with City staff is
forth coming and will be presented to the Commission later this week including the applicant’s request
to withdraw said variance requests.
Finding that the applicant is in general agreement with completing the area’s street network, including their half of North 25th Avenue, and further finding that the applicant is willing to participate in both a
contractual agreement (i.e., attached phasing schedule) and improvements agreement with the City to
complete North 25th Avenue, Breeze Lane and Tschache Street, the applicant’s requested variances to
the Unified Development Ordinance are no long necessary. Under the provisions of Chapter 18.74 “Improvements and Guarantees”, Bozeman Municipal Code (BMC) the City may determine the nature and timing of required installation of improvements based on providing acceptable method(s) of
security. In the case of this application for a Conditional Use Permit, the security is both contractual
(i.e., tying phases of the development to phasing of street improvements) and a financial guarantee for
each phase (i.e., Irrevocable Letter of Credit or equivalent thereof).
The benefit of implementing the phased street schedule for both the applicant and City is that it allows both parties additional time to gain the necessary funds to complete their half of North 25th Avenue. In
the case of the City, the Director of Finance notes that the two most likely mechanisms to construct the
east half of North 25th Avenue adjacent to Rose Park are: 1) revenue from the generally funded CIP as
early as 2013, or 2) cash in-lieu of parklands.
In order to implement the phased schedule for completing North 25th Avenue, Breeze Lane and
Tschache Lane, it is necessary to amend some of the recommended conditions with the addition of a few
new conditions. Note that conditions #3, #17, #18, 21, #22, #24 - #26 of the staff report have been
removed or are now included in the proposed phasing schedule and (see Attachment “B”). Attached for
the Commission’s consideration in approving the Conditional Use Permit application, please find the recommended conditions of approval, as amended by staff (see Attachment “A”).
UNRESOLVED ISSUES: City staff has determined that by the applicant agreeing to implement the
proposed schedule for completion of North 25th Avenue that said requested variances are no longer
necessary with this application for a Condition Use Permit. The matter of how the City will complete its
half of North 25th Avenue is the only unresolved matter with this application.
ALTERNATIVES:
1) Approval of the Conditional Use Permit with no conditions.
2) Approval of the Conditional Use Permit with the recommended conditions as amended by staff.
3) Denial of the application.
4) As determined by the Commission.
FISCAL EFFECTS: A determination is necessary on when and what mechanism(s) may be available to the City in order to complete the east half of North 25th Avenue.
Attachments: Attachment “A” Amended Conditions
Attachment “B” Street Implementation Plan
Report compiled on May 31, 2011
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Attachment “A”
Recommended Conditions of Approval - As Amended
Planning Department Recommended Conditions:
1. That the applicant provide a copy of an executed public access and utility easement at the Clerk
and Recorder’s Office for North 25th Avenue prior to submitting the preliminary Final Site Plan for
review and approval.
2. The Final Site Plan shall indicate that all sidewalks within the interior of the off-street parking lot
shall have ADA accessible ramps. Crosswalks within the interior of the parking lot should be provided and should be striped to increase pedestrian safety. Scored crosswalks in-lieu of striping
should be considered by the applicant.
3. That prior to Final Site Plan approval the applicant shall confirm the calculated occupancy load
with the fire department against the required parking to determine the required off-street parking
will not exceed the 125% maximum allowed.
4. Storm water facilities shall be designed as landscape organic features, with curvilinear shape and
form and noted accordingly on the landscape plan, and may not occupy more than one-third of the
required front yards along North 27th Avenue and Tschache Lane as required in Section 18.42.080.
Facilities shall establish a minimum 5-foot setback from the property line and/or public access
easement, whichever is applicable.
5. The finish grade at the property line of the site shall match that of said adjacent Rose Park to the east and shall be noted accordingly on the final site plan, unless a retaining wall or other physical
feature is proposed. The grading plan shall provide the existing grades of the adjacent parcels of
land for at least the first five (5) feet of said lots.
6. The Final Landscape Plan shall be revised to address the following:
a) Provide a typical landscape island detail depicting ground cover types that contains at least 75% live vegetation cover, exclusive of large canopy trees. Also a typical screening detail of
the HVAC equipment from West Oak Street.
b) That parking lot screening for the off-street parking along North 27th Avenue and adjacent to
Rose Park needs to be satisfied with the final landscape plan
c) Verify on the final landscape plan calculations depicting how the proposed landscape will
fulfill the necessary performance standards of 23 points and that it be signed and certified by a
landscape professional.
d) The City Forester recommends that at least 2-3 different species of boulevard trees be installed
along the street frontages and noted accordingly on the landscape plan. A tree permit shall be completed and submitted to the Planning Office with the preliminary Final Site Plan.
7. Fences located in the front, side or rear yard setback of properties adjacent to Rose Park 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. Appropriate exhibits of fence types shall
be addressed and illustrated for review and approval by the Planning Office with Final Site Plan approval and/or prior to proceeding with any future construction improvements.
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8. The applicant shall designate a temporary enclosed refuse storage area on the site plan, including a
typical detail with dimensions and type of materials, for the storage and collection of building
material debris during the construction phase of the project, and that said debris area is noted
accordingly on the final site plan.
9. The trash enclosure shall be redesigned with consultation of the City’s Solid Waste Division so that it complies with City guidelines for trash enclosures and provide a pedestrian walkway access
from its existing location to the primary entrance of the proposed church or that it is placed in
closer proximity to the church.
10. A phasing plan shall be provided that clearly delineates each phase with the limits of construction and addresses weed control/reseeding on disturbed ground including a long term management plan for the areas of the lot proposed for future development to the north. No stockpiles of topsoil, pit
run or other materials shall remain on site after construction of the first phase. Areas of future
development on the site shall be graded flat and reseeded with native mix following construction
of the initial building.
11. That the applicant executes a noxious weed control plan with the Gallatin County Weed Control
Office for the entire site in question property prior to Final Site Plan approval.
12. The exterior elevations and roof pitch for both phases of the building will need to be confirmed by
the applicant prior to Final Site Plan approval for phase one.
13. A color palette for the building and surfacing materials that includes actual material samples and color chips shall be submitted for review and approval by the Planning Office prior to each Final Site Plan approval. The materials/color palette shall be presented on a board no larger than 24” x
36” and contain all the primary materials to be utilized on the buildings including
window/storefront frames and doors (garage and service) and in any proposed fencing or
screening. All final building elevations and details shall be keyed to the color palette to delineate where each individual building material and color is specified. The palette shall be returned to the applicant following approval.
14. That the applicant upon submitting a Final Site Plan for approval by the Planning Director and prior
to issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied.
Engineering Department Recommended Conditions:
15. The east half of North 27th shall be constructed to a collector standard along the entire boundary of
the lot. The required right of way width for North 27th is 45’.
16. 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. 17. Street lights shall be installed in the locations required by Section 18.42.150 of the UDO with the construction of the roads.
Parks and Recreation Department, Recreation and Parks Advisory Board, Gallatin Valley Land
Trust Recommended Conditions:
18. That the applicant installs a 10-foot wide sidewalk along the south side of Tschache Lane that connects with the existing sidewalk east of Rose Park and extends the sidewalk westward to connect with North 25th Avenue.
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City Staff:
19. That the applicant provides a phasing plan for construction of the church and site-related
improvements that clearly delineates each phasing for the structure and off-street parking lot, for
review and approval prior to Final Site Plan approval.
20. That prior to Final Site Plan approval the applicant agrees in writing to construct North 25th
Avenue, Tschache Lane, Breeze Lane and associated pedestrian trails or pathways as outlined in
the phasing plan dated May 31, 2011 and described in Attachment “B” - Phasing Plan for North
25th Avenue, Tschache Lane, Breeze Lane and Associated Trails/Pathways..
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Attachment “B” - May 31, 2001
Fellowship Baptist Church Conditional Use Permit - Phasing Plan for
North 25th Avenue, Tschache Lane, Breeze Lane and Associated Trails/Pathways
Phase 1: Initial Phase of Church
A. Prior to occupancy of Phase One construct North 25th Avenue to a secondary emergency all
weather surface standard approved by the Fire Department from West Oak Street to the north
side of the egress/ingress access point of Phase One of the off-street parking lot; and
B. Execute an Improvements Agreement and financially guarantee the construction of North 25th Avenue to one-half a local street standard (i.e., curb/gutter and boulevard sidewalk on the west half and a 24-foot paved surface) within one (1) year of occupancy of the church.
C. Prior to Final Site Plan approval the applicant executes a public access easement for a portion of
the off-street parking lot for public access to Rose Park and that the applicant provides a
pedestrian connection from the parking lot to the proposed shared use path with proper signage for public access. D. Install a 6-foot wide Type II pedestrian/bicycle pathway within a 20-foot wide public access
easement that aligns with the extension of Breeze Lane from North 27th Avenue to Rose Park.
Phase 2: Phase Two or Subsequent Phases of Church
A. Prior to occupancy of phase two and/or subsequent phases of the church construct North 25th Avenue to one-half a local street standard (i.e., curb/gutter and boulevard sidewalk on the west half and a 24-foot paved surface) from its northern-most terminus northward to an alignment
with Breeze Lane.
B. Construct Breeze Lane to a local street standard within a 60-foot wide public access and utility
easement with curb/gutter on both sides and boulevard sidewalk on the south side.
Phase 3: Site Plan Review or Minor Subdivision for North One-Third of Property:
A. Prior to final plat approval or occupancy of a site plan related structure for the property north of
the extension of Breeze Lane, construct the remainder of North 25th Avenue from its northern-
most terminus to the intersection of Tschache Lane to one-half a local street standard (i.e.,
curb/gutter and boulevard sidewalk on the west half and a 24-foot paved surface). B. Construct the remaining south portion of Tschache Lane to a local street standard with curb,
gutter, boulevard and pavement from North 27th Avenue to the east side of North 25th Avenue.
C. Construct a 10-foot wide transportation pathway in-lieu of a boulevard sidewalk along Tschache
Lane from the east side of North 25th Avenue to North 27th Avenue and that the necessary a 10-
15 foot wide public access easement shall be provided for said pathway. D. If not already completed, construct Breeze Lane to a local street standard within a 60-foot wide
public access and utility easement with curb/gutter and boulevard sidewalks on both sides, and
asphalt pavement.
E. That a trail or trails are constructed by the applicant to connect the existing parking lot in Rose
Park with the 10-foot wide shared use path with site plan review or minor subdivision review of the northern most portion of the subject property.
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REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner Bob Murray, City Engineer’s Office
Tim McHarg, Director, Planning and Community Development
SUBJECT: A Conditional Use Permit with Variances Application to allow the construction of a 53,587
square foot church with related parking and site improvements on property located on the northeast corner of the intersection of West Oak Street and North 27th Avenue. The application for a conditional
use permit includes a request for variances to Section 18.44.010A “Relationship to Undeveloped Areas”
and 18.44.010.B “Relationship to Developed Areas” to not construct North 25th Avenue and provide for
the continuation of streets, Section 18.50.060 “Frontage” to not construct North 25th Avenue and provide
street frontage along the west perimeter of Rose Park. Zoning File #Z-11069.
MEETING DATE: May 23, 2011
AGENDA ITEM TYPE: Action Agenda Item
RECOMMENDATION: That the City Commission denies the requested variances to: 1) Section
18.44.010A “Relationship to Undeveloped Areas” and 18.44.010.B “Relationship to Developed Areas”,
and 2) Section 18.50.060 “Frontage”; and
That the City Commission approves the Conditional Use Permit Application for Fellowship Baptist
Church, Z-11069 Conditional Use Permit with Variances, Zoning Application #Z-11069 with said conditions listed in the staff report.
Staff recommends that the City Commission first take action on the two variance requests and then
recommends that this application be conditionally approved with the conditions listed in the staff report.
RECOMMENDED MOTION FOR VARIANCE TO SECTION 18.44.010.A “RELATIONSHIP TO UNDEVELOPED AREAS” AND SECTION 18.44.010.B “RELATIONSHIP TO DEVELOPED AREAS TO NOT CONSTRUCT NORTH 25TH AVENUE AND PROVIDE FOR THE CONTINUATION OF STREETS:
“Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for Z-11069 and move to
deny the requested variance to Section 18.44.010A “Relationship to Undeveloped Areas” and
18.44.010.B “Relationship to Developed Areas” to not construct North 25th Avenue and provide for the
continuation of streets.
Commission Memorandum
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RECOMMENDED MOTION FOR VARIANCE TO SECTION 18.50.060 “FRONTAGE” TO
NOT CONSTRUCT NORTH 25TH AVENUE AND PROVIDE STREET FRONTAGE ALONG
THE WEST PERIMETER OF ROSE PARK: “Having reviewed the application materials, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff report for Z-11069 and move to
deny the requested variance to Section 18.50.060 “Frontage” to not construct North 25th Avenue and
provide street frontage along the west perimeter of Rose Park. RECOMMENDED MOTION FOR CONDITIONAL USE PERMIT:
“Having reviewed the application materials, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff report for Z-11069 and move to approve Conditional Use Permit application Z-11069 to construct a 53,587 church and site related improvements, hereby incorporating by reference the findings included in the staff report with
conditions as recommended in the staff report and subject to all applicable code provisions.
BACKGROUND: Fellowship Baptist Church and representative Van Bryan Studio Architects have
submitted a Conditional Use Permit with Variances application to construct a 53,587 square foot church and related site improvements at the northeast corner of the intersection of West Oak Street and North 27th Avenue. Churches are considered a Community Center land use, and therefore, a conditional use
permit is required in the R-3 zoning district in which it is located. The property is not located in an
Overlay District; therefore design review is not required of this application.
The application includes a request for variances to the following sections of the Bozeman Municipal Code: 1) Section 18.44.010A “Relationship to Undeveloped Areas” and 18.44.010.B “Relationship to
Developed Areas” to not construct North 25th Avenue and provide for the continuation of streets, and 2)
Section 18.50.060 “Frontage” to not construct North 25th Avenue and provide street frontage along the
west perimeter of Rose Park.
At the request of the applicant, the City Commission on April 25, 2011 reclaimed approval authority over the Conditional Use Permit with Variances application, which is typically under the jurisdiction of the Board of Adjustment.
On April 29, 2011, Planning Staff met with the Director of Parks & Recreation, Recreation and Parks
Advisory Board (RPAB), and Gallatin Valley Land Trust (GVLT) to discuss the application for a
conditional use permit and consider the potential impacts of the requested variances to the adjacent Rose Park. Based on the informative meeting and consideration of the applicant’s requested variances the Director of Parks & Recreation, RPAP and GVLT recommend approval of the said variances. Attached
to the staff report are the findings and recommended conditions provided by the three agencies for
consideration by the City Commission.
On May 4, 2011 the Development Review Committee (DRC) considered the requested variances and conditional use permit application. The DRC was split on a recommendation of the requested variances, which resulted in a recommendation of denial, and further recommended conditional approval of the
conditional use permit application. Their recommended conditions, code provisions and comments are
included in this report.
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Should the Commission choose to grant the variances in whole or part, the City Engineer’s Office and
Planning Office recommends that the following options be considered as a condition of approval:
Option 1: Grant the variance in its entirety. In this case, the street would not be constructed. A paved
shared use path would be constructed instead of the street. The easement for the street is in place and would remain to allow for future construction. Under this option alone, any future construction of the street would be funded entirely by the City.
Option 2: Grant the variance to the requirement to construct the entire street width, but instead require
that a “half” street be constructed prior to occupancy of the proposed development. This would include
curb, gutter and sidewalk on the west side of North 25th Avenue and a minimum of 24’ of asphalt. This would allow for two way traffic until such time as the east side of the street is constructed, but would not allow for parking in the interim. Under this option, in the future the City would be responsible for
funding the curb, gutter and sidewalk on the east side and the remaining 7’ of asphalt to complete the
street.
Option 3: Grant the variance but require a waiver of right to protest a Special Improvements District (SID) for North 25th Avenue in the future. Creating an SID for this improvement may be difficult due to
the fact that there would only be one owner involved assuming the City paid for its portion. The lack of
diversity of ownership and the size may make it difficult to sell bonds for an SID. It could be included
in a larger SID if one were contemplated which could help mitigate this concern. Additionally, part of
the standard language in the waivers is that if an alternate means of financing is utilized the applicant agrees to participate on completion of the improvements on a fair share proportionate basis.
With exception to the variances requested with this application, the recommended conditions of
approval are intended to the guide the development and build out of the subject property as proposed.
As of this writing the Planning Office has not received any formal objection of the recommended
conditions from the applicant, nor has staff received any public testimony on the Conditional Use Permit with Variances application.
A full and complete digital version of the Conditional Use Permit with Variances application is available
upon request at the office of the Department of Planning and Community Development. As the subject
property also has a substantial amount of background with efforts for development of the site and
previous requests for variances to not construct North 25th Avenue, said staff report and minutes of previous City Commission meetings are available at the request of the Commission.
UNRESOLVED ISSUES: Which of the alternatives does the Commission wish to select?
ALTERNATIVES: 1) Approval of the Conditional Use Permit with Variances Application as submitted to include the
request for variances to the Bozeman Municipal Code with no conditions.
2) Approval of the Conditional Use Permit with Variances to include the request for variances to
the UDO with the recommended conditions of approval provided in the staff report. 3) Approval of the Conditional Use Permit with Variances to deny, one or both of the requested variances to the UDO with the recommended conditions of approval provided in the staff report.
4) Denial of the application.
5) As determined by the Commission.
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FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the proposed
development 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. Granting of the variances to
not construct North 25th Avenue with this development may place the burden on the City to complete
local street improvements with any future identified needs.
Attachments: City Commission Staff Report w/ Exhibits
Agency Comments
CUP with Variances Application
Report compiled on May 12, 2011
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
Fellowship Baptist Church
Fellowship Baptist Church felbap@bresnan.net
2165 W. Durston Bozeman, MT 59718 jeremy@fhgconstruction.org
587-0033 n/a
Van Bryan Studio Architects vbryan@vbsa.net
21 W. Babcock Bozeman, MT 59715
586-4777 586-4778
Van Bryan Studio Architects vbryan@vbsa.net
21 W. Babcock Bozeman, MT 59715
586-4777 586-4778
Lot 5, Phase II Annie Subdivision
n/a
Church and church parking
R-3 Undeveloped Lot
Urban Residential Infill
10.99 478820.8 10.99 478820.8
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Page 2
(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDO section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. 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 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 acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process
(Section 18.64.050, BMC). 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:
✔
✔
✔
✔
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SEATS PARKING / SEAT SPACES REQUIRED350 1/4 88PUBLIC ASSEMBLY AREAS AREA PARKING / AREA SPACES REQUIREDMen's Ministry (109) 678 1/200 SF 3Women's Ministry (111) 725 1/200 SF 4Activity Center (141) 2,100 1/200 SF 11Youth (204) 3,218 1/200 SF 16Activity (205) 2,265 1/200 SF 11CLASSROOMS AREA SEATS (1/21 SF)SPACES REQUIRED 119 302 14 4120 220 10 3134 457 22 5135 255 12 3136 255 12 3137 255 12 3138 280 13 3139 254 12 3140 254 12 3141 254 12 3142 254 12 3217 350 17 4218 309 15 4219 309 15 4220 309 15 4TOTALS 184FELLOWSHIP BAPTIST CHURCHPARKING CALCULATIONSWORSHIP CENTER131
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3-30-11
Bozeman Planning Department
City of Bozeman
Re: Fellowship Baptist Church Variance Request-Narrative
Dear Planner,
The Fellowship Baptist Church (FBC) is submitting a Conditional Use Permit with a two part Variance Application for its proposed project on the North East corner of Oak and
27th. The Variance is specific to The Uniform Development Ordinance, Section
18.50.060. “Frontage” and Section 18.44.010A&B “Relation to undeveloped
areas/Relation to developed areas”. The FBC is requesting consent to install a 10’ hard surface transportation trail and
amenities in lieu of the requirement to install the future phase of 25th St. proposed
between its eastern boundary and Rose Park
The two Variances have been evaluated pursuant to the following: Section 18.66.060 Zoning Variances
Section 18.50.060 “Frontage”
C.- Criteria for Consideration and Findings – In acting on an application for a
variance, the Commission shall designate such lawful conditions as well secure
substantial protection for the public health, safety and general welfare, and shall issue
written findings setting forth factual evidence that the variance:
1. Will not be contrary to and will sere the public interest;
The installation of a 10’ hard surface transportation trail will not be contrary to and will
serve the public interest due to the unique use of Rose Park. In fact it is the preference
and opinion of the Parks and Recreation Department that the transportation trail is a more appropriate solution than the extension of 25th St. Rose Park is home to a community
Folf Course which is widely utilized. If 25th St. and subsequent street side parking where
to be in place, it is reasonable to expect unwanted interaction and damage to result
between the Folf participants and parked vehicles. Concurrently if 25th were to be in
place there exists a danger of participant and vehicular incidents.
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2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal
meaning of this title:
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control
The FBC feel that the Variance is warranted due to the hardship which is created with the addition of language and regulations that were implemented after the legal creation of Lot 1 and Rose Park.
The property known as Lot 1 of Phase of Annie Subdivision, was recorded May 30th,
1995. Section 18.50.060 “Frontage”- This language was added to the Uniform Development
Ordinance in 2001, 6 years after the planning and plating of this legal lot.
At the time of original platting the Annie Subdivision and more specifically Lot 1 and Rose Park met all City and State subdivision requirements. At no time was it required or planned for the continuation of 25th St. to divide the property.
The proposed extension of 25th St does not act as a major vehicular connector or arterial
to the surrounding community, if 25th were installed it is planned to terminate on the northerly boundary of Tschache Lane. Therefore 25th has no specific vehicular public benefit.
3. Will observe the sprit of this title, including the adopted growth policy, and do
substantial justice;
The spirit of the this title and adopted growth policy will be observed and protected with
the installation of a hard surface transportation trial for the specific reasons that the
language was added to the UDO:
Section 18.50.060. “Frontage”
The rational for adding the 2001 “Frontage” language regarding Street frontage along
park perimeters was advantageous for three reasons, a delineation of public vs. private
space, transportation route (sidewalk) and parking. The proposed hard surface transportation path will accomplish all three objectives.
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Delineation - The hard surface transportation trail in conjunction with trees and park elements will act as a visible delineation line between the FBC property and Rose Park.
Transportation - The hard surface trail will allow pedestrians and bikers to move quickly
and safely between the parks two boundaries.
Parking- In order to accommodate parking, the church would like to offer the use of its parking lot for park access during non church service hours. This will be in addition to the current Rose Park parking lot located of off Tschache Rd.
4. In addition to the criteria specified above, in the case of a variance relating to the
flood hazard provisions of Chapter 18.58, BMC
The land is not in a flood hazard and therefore this requirement is Not Applicable.
Section 18.44.010A&B “Relation to undeveloped areas/Relation to developed areas”.
The Variance specific to these two sections pertains to the fact that the project will be
built in multiple phases. Therefore by definition there will be developed and
undeveloped areas on the site all relative to and adjacent to Rose Park. It is because these two regulations are opposites of the same condition that they are evaluated concurrently.
C.- Criteria for Consideration and Findings – In acting on an application for a
variance, the Commission shall designate such lawful conditions as well secure
substantial protection for the public health, safety and general welfare, and shall issue written findings setting forth factual evidence that the variance:
1. Will not be contrary to and will sere the public interest;
25th St., if installed would act as a local street only, it would not server to connect differing areas of town, nor act as a collector to major arterials or as an arterial itself.
The completed transportation plan for 25th has the street ending at Tschache Rd which is
located on the properties northerly boarder. Therefore there will not future connectivity
that is lost with out the continuation of vehicular traffic. The result has been determined
that the function of 25th St is for the adjacent parking and pedestrian circulation thru the park. As stated above, the public will be served with the provided parking and hard
surface transportation trial.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal
meaning of this title:
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b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control
As identified in the narrative above, the creation of Lot 1 and Rose Park were done so legally with out the future intent of the extension of 25th St.
3. Will observe the sprit of this title, including the adopted growth policy, and do
substantial justice;
As stated in the rational for the variance for street frontage above, it is the opinion of the Parks and Recreation Department that the hard surface transportation trail will observe
the spirit of the title and accomplish the goals set out for the purpose of park frontage
while minimizing the capacity for incident between the parks users due to vehicular
proximity.
4. In addition to the criteria specified above, in the case of a variance relating to the
flood hazard provisions of Chapter 18.58, BMC
The land is not in a flood hazard and therefore this requirement is Not Applicable. In conjunction to the Variance and with the acknowledgement that all future scenarios
can not be anticipated, FBC further acknowledges that the required 60’ road easement
typical in the planning of 25th would remain in tact.
In conclusion the FBC contends that there is not a clear advantage to the installation of 25th St., and further contends that he collective argument with the support of the Parks
and Recreation Department form a persuasive argument for support of the Variance
request.
Thank you,
Van K. Bryan, Architect.
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