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HomeMy WebLinkAboutSpringhill, additional materials on 11-19 combined community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS 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 MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER DUSTIN JOHNSON, PROJECT ENGINEER DATE: NOVEMBER 19, 2012 RE: SPRINGHILL PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT/MASTER SITE PLAN – #Z12254 ------------------------------------------------------------------------------------------------------------------------------ The purpose of this memorandum is to update the Bozeman City Commission based on the most recent information provided City staff regarding the Conditional Use Permit with Master Site Plan Application for the Springhill Presbyterian Church located at 4769 West Babcock Street lying northwest of the intersection of West Babcock Street and North 19th Avenue. Based on the additional information, letters and e-mails received as of today regarding the above application, the City Engineer’s Office and Planning Department offers the following comments for your consideration. Please note the recommendation to eliminate condition #6 and revisions to condition #18. 1. Staff recommends the following conditions of approval as modified in the Attachment “A” dated November 19, 2012. Note that condition #18 has been modified as of the last memorandum provided the City Commission referred to as Attachment “A” dated November 15, 2012. Said condition has been modified to direct City staff to work with the applicant to execute an Irrevocable Offer of Dedication prior to Final Site Plan approval with the opportunity to expand the street network based on the demonstrated need with future development and to define what the trigger mechanisium for future improvements will be exclusive of phase one and two of the church. 2. Condition #18 as recommended and modified by the City Engineer’s Office on November 15, 2012 is an effort to make available provisions that will implement the need for adequate connectivity for the area and a local street network with future development of the site if deemed necessary. The City Engineer’s Office has provided an updated memorandum discussing the need for the recommended condition #18 and is attached to this memorandum for consideration. Please note that without the recommended condition #18 as modified the applicant must apply for, and receive a variance to Section 38.24.010.A.1 “Relation to undeveloped areas” and Section 38.24.010.A.2 “Relation to developed areas”. 3. In considering the need for condition#18 it is noted that as of this writing there is no formal subdivision application(s) being considered with the development of this R-MH zoned lot. The intent of the R-MH (residential manufactured home community district) zoning district is to provide Page 2 for manufactured home community development and directly related complementary uses within the city at a density and character compatible with adjacent development. The district is intended to be residential in character and consistent with the standards for other forms of residential development permitted by Article 8 – Residential Zoning Districts. Permitted land uses range from family day care homes, group day care homes, public and private parks to manufactured homes on permanent foundations and single-household dwellings as permitted uses. Permitted uses by receiving a conditional use permit (CUP) include community centers and cooperative housing to golf courses and other uses approved as part of a planned unit development (PUD). As this is not a subdivision application, the recommended conditions of approval are necessary to meet the criteria of Chapter 38, BMC for this Conditional Use Permit with Master Site Plan application. Note that the criterion for this condition, and other related conditions are based on provisions of the Bozeman Municipal Code that include, but are not limited to Section 38.19.100 - Plan Review Criteria, Section 38.19.110 - Conditional Use Permit and Article 24, BMC – Transportation Facilities and Access. 4. In considering applications for plan approval, the advisory and decision-making bodies shall consider criteria where impacts of the proposed project on the existing and anticipated traffic and parking conditions, pedestrian and vehicular circulation have been mitigated. Section 38.24.010 – Streets, further emphasizes the need for implementation of streets within a proposed development that provides for the continuation of streets through a development, as well as between and adjacent to developed and undeveloped lands based their relationship to provide public convenience and safety, proposed uses, and existing street network. Based on these criteria, the City Engineer’s Office and Planning Department recognize the need to satisfy these criteria at this time with condition #18 while avoiding immediate expense and performance by the applicant with their initial phase of the project. 5. With regard to the correspondence provided by the Wittich Law Firm dated November 16, 2012 the following comments are provided. a. An Annexation Agreement for the entire 440 acres known as the Valley West Annexation Tract was executed in December of 1997. That agreement included Waivers of Right to Protest Creation of Special Improvement Districts for City-wide Park Maintenance District, and street improvements to West Babcock Street, Durston Road, Ferguson Road and Cottonwood Road. These waivers exist and continue in effect for all property included with the annexation. No new waiver is necessary with this CUP application. Should a second or subsequent SID be processed at some point in the future for some or all of the remainder of Cottonwood Road the provisions for creation, design specifications and implementation for an SID will be considered as separate matter independent of this application. Questions of the fair share allocation of costs can appropriately be addressed at that time. As we have none of this information at this time, nor do we have any information on other companion funding which may be used to widen Cottonwood it is not productive to try to resolve the questions of participation at this time. b. Based on a review of the Home Owner’s Association (HOA) documents that were recorded with the first phase of the Valley West Subdivision as Document 2072118 the declaration of protective covenants and restrictions include the subject property being considered with this application. The subject property is part of the HOA and is therefore responsible to participate in any assessments and other association activities regardless of whether they are allowed to be removed from the Valley West PUD. The PUD is a City approval, the HOA is a private association and exists independent of the PUD. If the Valley West HOA allows the applicant to be removed from the PUD they are no longer subject to the design guidelines or conditions of approval or benefits granted by the City at that time (i.e., zoning relaxations). Unless the covenants are amended the property would remain in the HOA. Page 3 The HOA documents and the approved Final PUD Plan for the major subdivision do not address the final design of each phase of the development related to street network, land use patterns, and land use types until such time that the subject property is considered as part of subdivision review (i.e., pre-application, preliminary plat and final plat applications). A generalize conceptual plan was included with the initial PUD when approved by the City. However, it is expected that some changes may occur over time. A strict application of such conceptual plans in this case would prevent construction of the church. The Wittich letter notes that the HOA does not object to the construction of the church and we must therefore accept that the HOA does not intend to insist on a literal application of the conceptual plan. 6. As of this writing there is no formal subdivision application(s) being considered with the development of this R-MH zoned lot. Therefore, the recommended conditions of approval are necessary to meet the criteria of Chapter 38, BMC for this Conditional Use Permit with Master Site Plan application. Note that the criterion for this condition, and other related conditions are based on provisions of the Bozeman Municipal Code that include, but are not limited to Section 38.19.100 - Plan Review Criteria, Section 38.19.110 - Conditional Use Permit and Article 24, BMC – Transportation Facilities and Access. Any additional updates that staff may receive from the applicant or have to offer prior to this evenings meeting will be forwarded to the Commission immediately upon receipt. Feel free to contact me in the Planning Office if you have any questions regarding the application in general or the findings provided in the staff report. DS/dps Attachment: Revised Recommended Conditions of Approval – Attachment “A” dated 11/19/2012. City Engineer’s updated memo dated 11/19/2012. cc: Greg & Susan Gianforte, 1320 Manley Road, Bozeman, MT 59715 Springhill Presbyterian Church, #7 West Main Street, Suite 205, Bozeman, MT 59715 Madison Engineering, 895 Technology Blvd Suite 203, Bozeman, MT 59718 Richard Hixson, City Engineer Craig Woolard, Director of Public Service Tim McHarg, Planning Director Page 1 of 3 Attachment “A” Revised Recommended Conditions of Approval Updated November 19, 2012 Planning Department Recommended Conditions: 1. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior to occupancy. 2. All landscape islands within the interior of the off-street parking lot shall be properly landscaped with 75% live vegetation, exclusive of the trees required under Sec Article 26, BMC. 3. No parking space may be located more than 90 feet from the trunk of a tree, or not more than 10 off-street parking spaces without a landscape island. The site plan will need to be revised to reflect the landscape island shown on the landscape plan located nearest the main entrance of the church. 4. The Final Site Plan shall include a narrative defining the parameters of the Future Resource Center in terms of use, building type, dimensions and height with development of Phase II for the Master Site Plan. 5. Adequate snow storage areas must be designated outside the sight triangles and parking lot landscape islands in areas that are properly sized and located for snow storage whereby they do not conflict with the landscape features required with the landscape islands, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 6. The landscape plan shall be revised to provide screening of the off-street parking areas from the public way along the north side of Automotive Drive as outlined in Section 38.26.050.C, BMC. (Note: Should condition #18 be adopted based on the revised language provided below, this condition is no longer necessary. However, this condition may reoccur with future development of the site as part of a subdivision, site plan or rearrangement of the site with future development.) 7. The site plan shall provide at least two additional pedestrian walkways with appropriate crosswalks through the off-street parking lots for adequate access to the community center and the site plan revised accordingly for review and approval. 8. The applicant shall provide a color and materials palette, and the exterior elevations revised to clearly specify and call out each of the components of the color and materials palette submitted with the final site plan application. Page 2 of 3 9. A public trail as recommended by the Gallatin Valley Land Trust with this application will be constructed with phase two of the project and located in a 25’ wide public access easement as part of any existing trail extending from the Petra Academy southward and adjacent to the wetlands mitigation boundary. A Class II trail per the construction specifications in Appendix C of the 2007 PROST Plan shall be provided for this corridor. 10. That the applicant upon submitting the 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. City Engineer Recommended Conditions: 11. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior occupancy. 12. At this time the lot being proposed for this development has not paid cash-in-lieu of water rights. Prior to development cash-in-lieu of water rights will be required to be paid. The applicant is required to produce an estimate for the annual water consumption for the facility at full build out. This water consumption rate will be reviewed by the Engineering Department to determine the final amount for cash-in-lieu of water rights. 13. A detailed Traffic Impact Study for the proposed development, including a level of service evaluation, shall be provided. 14. Based on recent decisions by the City of Bozeman City Commission, the East half of Cottonwood Road is not required to be constructed with the initial phase of development of this project. Any future phases of this development that demonstrate impact on Cottonwood Road will result in requirements that improvements to the road be completed prior to future building permits. 15. Unless currently filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, storm drainage, and intersection improvements at Cottonwood Road/Durston Road and Cottonwood Road/Huffine Lane. 16. The proposed Cascade Street shall be constructed to include full boulevard sidewalk (with boulevard trees) and the full roadway from back of curb to back of curb with a 60 foot public street easement. The street design must be submitted, reviewed, and accepted by the City Engineering department prior to any construction and issuance of building permits. The extension must line up directly with the existing portion of the street to the east of Cottonwood Road. Any realignment of the street from what is currently platted for the property must be reviewed and approved by the City Engineering Department. Page 3 of 3 17. With this phase of development Cascade Street shall be constructed from Cottonwood Road to the point in which the proposed alignment will turn north. A 60 foot public street easement will be required for the portion of Cascade Street that will run north to the property line with Petra Academy to tie into the public street easement for Cascade Street that has previously been recorded with the Petra Academy development. The portions of Cascade Street that runs north and then west along the property boundary with Petra Academy will not be required to be constructed until a future phase of development when it is determined to be necessary. 18. That the City Commission direct City staff to work with the landowner will to execute an Irrevocable Offer of Dedication for a 60 foot wide Street and Utility Easement prior to Final Site Plan approval for the future connection between Babcock Street and Cascade Street. The Irrevocable Offer shall be worded such that the offer remains in effect regardless of transfer of ownership of the land. This Irrevocable Offer will ensure that the opportunity to expand the local street network with further development of this site is not inhibited beyond phase one and two of the church as submitted with this application. The opportunity to expand the street network will be based on the demonstrated need with future development to define what the trigger mechanisium for future improvements is. The future alignment of the easement subject to the Irrevocable Offer may or may not utilize Automotive Drive. At the time of consideration of each future phase of development of the property within the Master Site Plan, the location and timing of installation of the actual street will be evaluated and if determined by the City to be needed shall be installed. The Irrevocable Offer shall be reviewed and approved by the City and recorded with the Gallatin County Clerk and Recorder prior to Final Site Plan approval of the Conditional Use Permit and Master Site Plan Z-12254. Depending upon the conclusions of the City after conducting the review of future phases the Irrevocable Offer may be released upon mutual agreement of the land owner(s) and the City. In lieu of an Irrevocable Offer the applicant may prepare and execute an agreement with the City of Bozeman that specifically outlines the details, time schedule and specifications for implementation of a local street. 19. No private drive accesses will be permitted onto Cottonwood Road. 20. Any dead end street or access that extends longer than 150 feet must provide an adequate emergency turn-around that is approved by the Bozeman Fire Department. 21. An all-weather emergency access drive will be constructed to connect Cascade Street to the parking lot proposed with this development. A paved drive apron shall be constructed the first 75 feet of the emergency access drive starting at the intersection of Cascade Street. Adequate signage will be provided along the emergency access drive restricting non-emergency traffic or parking. November 19, 2012 To: Dave Skelton, Senior Planner From: Dustin Johnson, Project Engineer; Re: Springhill Presbyterian Church Street Network Requirements The Springhill Presbyterian Church application shows a total lot area of 21.57 acres. Typically the development of a lot of this size would require the installation of a hierarchy of infrastructure. Included with this hierarchy of infrastructure is a street network that provides local connectivity to adjoining lots. Due to the size of this development many of these requirements have been relaxed to accommodate this project. At this time the applicant has agreed to the requirements to construct Automotive Way from their primary entrance to Babcock Street and to provide an easement to connect Cascade Street from their north property line to the Cascade Street alignment on the other side of Cottonwood Road. From City staff’s perspective the one issue that the applicant cannot agree to is the requirement for an irrevocable offer of dedication to provide a street from Cascade Street to Babcock Street at some point in the future. The alignment, necessity, and location of this street would be reevaluated at the time of a future development. Two issues that have been brought up by the applicant with regards to requiring the irrevocable offer of dedication are: 1.) The applicant does not see any reason to require a “street to nowhere.” and 2.) The applicant would prefer to draft a condition that would require a traffic study for a future phase of development that would be used to determine the necessity of the construction of that street. Regarding their first concern: City staff does not agree that the future street would go nowhere. Petra Academy is to the north of this development and their application indicates a future phase that includes a “Field House/Event Center”. The size of this facility and the required parking lot space indicates that the future impacts on the local street networks in this area could be substantial. This event center’s primary access would be Cascade Street and a secondary access to this facility would be required at the time of development. The proposed street could provide that secondary access as well as alleviate other traffic issues during major events at that facility. There have been questions as to whether Cascade Street will ever continue to the west beyond the wetlands. Norton Ranch Subdivision is located to the west and when either Norton Ranch, Petra Academy, or Springhill Presbyterian expand it will be determined whether or not Cascade will continue west. By requiring this irrevocable offer of dedication potential connectivity issues down the road could be alleviated. The condition of the wetlands and whether Cascade in its currently alignment will ever be allowed to continue west is not known at this time and should not weigh heavily in this decision since it may be several years before Cascade ever needs to cross those wetlands. By securing easements and an irrevocable offer of dedication with this application it assures that the local street network can stay intact. If at a future date these documents need to be released or moved due to the wetlands issues or changes in development in the area they can be released and reconveyed at that time. Regarding their second comment: City staff does not support requiring a future traffic study in lieu of the irrevocable offer of dedication. A future traffic study would provide level of service details and the potential impact by a new development on the street network. The streets that are being discussed with this application (excluding Cottonwood Road) are local streets. Local streets have shown that they can handle large volumes of traffic and it is highly likely that a traffic study would indicate that these streets operate at an allowable level of service. The reason for requiring local streets is not a level of service issue, it’s a connectivity and access issue. Without local streets not only is connectivity restricted it also creates problems for emergency access, future subdivision of the property, and the development of surrounding parcels. It should be made clear that the requirement for the irrevocable offer of dedication does not require the construction of any public infrastructure at this time. This offer merely memorializes that streets will be considered with future development once it has been determined their best location, alignment, and whether or not they still are necessary at that time.