HomeMy WebLinkAboutAnnie Subdivision Phase II Lot 5 Preliminary Plat P14017_19P14017, Staff Report for THE ANNIE PH. 2, LOT 5 MINOR SUBDIVISION Page 1 of 21
P14017, Staff Report for The Annie Phase 2, Lot 5 Subsequent Minor
Subdivision
Public Hearing Dates: City Commission meeting is on May 5, 2014
Project Description: A preliminary plat for a subsequent minor subdivision approval to allow
the further subdivision of an existing lot of 10.92 acres to into two multi-household
residential lots and one lot for a community center generally located northeast of the
intersection of North 27th Avenue and West Oak Street.
Project Location: The property is described as Lot 5 of the Annie Subdivision Phase 2, Located
in the Northeast One-Quarter (NE ¼) of Section 2, Township Two South (T2S), Range
Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P14017 and move to approve The Annie Phase 2, Lot 5
Subsequent Minor Subdivision with conditions and subject to all applicable code
provisions.
Report Date: Tuesday, April 29, 2014
Staff Contact: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
The property owner, the First Baptist Church PO Box 11889 Bozeman, MT 59719, represented
by C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 submitted
a preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 10.92 acres to into two multi-household residential lots and one
lot for a community center generally located northeast of the intersection of North 27th Avenue
and West Oak Street. No parkland is required for this subdivision. Additional right of way is
proposed to be dedicated for Oak Street, North 27th Avenue, Tschache Lane, and North 25th
Avenue. No subdivision or zoning variances are requested. No public comment has been
received.
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Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13
Preliminary Plat Supplements ........................................................................................... 15
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 18
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 19
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 20
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Vacant, zoned R-4 (Residential High Density District).
South: Three and Four household dwellings, zoned R-3 (Residential Medium Density District).
East: Rose Park, City of Bozeman, zoned R-3 (Residential Medium Density District).
West: Multi household and apartment dwellings within the West Winds subdivision zoned R-3
(Residential Medium Density District).
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Figure 1: Proposed Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
No variances are requested as noted in the Executive Summary.
1) No variances are being requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the planned unit development.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one
(1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as an additional sheet of the plat.
2. 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.
3. 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 and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The final plat shall include the following certificate:
CERTIFICATE OF TRANSFER OF OWNERSHIP &
COMPLETION OF NON PUBLC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space
parcel A which corresponds to the labels on the plat face). Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the same. I,
(insert subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith, have been installed in
conformance with any approved plans and specifications prepared in accordance with the
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standards of Chapter 38 or other City design standards, or have been financially
guaranteed and are covered by the subdivision improvements agreement accompanying
and recorded with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION
PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED
BELOW).
Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE
BRIDGE & LAWN.)
The subdivider hereby grants ownership of all non-public infrastructure improvements to
the property owners association created by Document Number____________________.
(To be filled in when recorded)
By: _________ , Subdivider Date: ________________
5. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property). b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
c. Street improvements to North 25th Avenue including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
d. Street improvements to Tschache Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
e. Signalization of the intersection of N. 27th Avenue and Oak Street.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
6. All streets contained within the subdivision shall be within dedicated public right of way
and built to city standards.
7. The applicant has requested that no-build restrictions be placed on all lots to be platted
with this subdivision. Building construction for all lots platted with this subdivision will be restricted until the required public infrastructure is constructed and brought up to current city standards.
8. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
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9. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Oak Street and N. 27th Avenue. A break in the no access strip will be allowed for site access on N. 27th aligning with Cobblestone Place.
10. Secondary accesses will be required with each individual phase of this development as
the project proceeds from one phase to the next.
11. Road geometry should meet the criteria in the City of Bozeman design standards unless a
deviation can be justified.
12. Any proposed public street lighting shall be LED.
13. The proposed subdivision is located within the Far West Sewer Payback district. These
payback districts must be paid before hook up to municipal services.
14. The necessary right of way shall be dedicated with the final plat for the following streets:
a. N. 25th Avenue (half of local street standard) – 30 feet. b. Oak Street (half of principal arterial standard) – 60 feet. c. N. 27th Avenue (half of collector street standard) – 45 feet.
d. Tschache Lane (half of local street standard) – 30 feet.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: The Annie Phase 2, Lot 5 Subsequent Minor Subdivision preliminary
plat
File: P4017
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on April
9, 16, and 23, 2014. On April 23, 2014, the DRC determined the submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision; and
as a result, finds that the application, with conditions, is in compliance with the adopted growth
policy, the Montana Subdivision and Platting Act and the Unified Development Code. On April
23, 2014, the DRC recommended conditional approval of the preliminary plat application.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed as required by the
Bozeman UDC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the applicant’s request.
A preliminary plat application was submitted on February 24, 2014. The application was deemed
to not include all the required elements for review. Additional information was required per
Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on
March 19, 2014 the application was deemed acceptable for initial review on March 27, 2014.
The preliminary plat was reviewed by the DRC on April 9, April 16, and April 23. The DRC and
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on April 23, 2014.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was sent to
property owners of record within 200 feet of the subject property via first class mail, on April 21,
2014. No comment has been received as of the production date of this report.
On April 28, 2014 this subsequent minor subdivision staff report was drafted and forwarded with
a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their May 5, 2014 public hearing. A subsequent minor
subdivision is subject to the review time of a major subdivision. The final decision for a Major
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by July 18, 2014.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets as shown on the preliminary plat. The lots
created by this subdivision require deferral of the completion of the required street improvements
as justified by unique circumstances.
The property adjacent to the subdivision on the west is owned by the City. The City has
developed the property (Rose Park) but did not construct, in whole or in part, required street
improvements to North 25th Avenue. The east half of North 27th Avenue has likewise not been
completed on the portion adjacent to this subdivision. North 27th Avenue is constructed to a
collector standard to the north of the subdivision but the east half is closed and unused.
The completion of these road improvements is being dictated by the timing of development and
is beyond the control of the applicant. Development of Rose Park proceeded without
improvement to North 25th Avenue by the City, effectively deferring the construction of the
street. The applicant should be allowed to defer its participation in completing its portion of the
roadway until such time as the City is prepared to complete the project.
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North 27th Avenue is eligible for impact fee funding and is listed on the Street Impact Fee
Capital Improvement Plan. The schedule for the improvements is beyond the control of the
applicant. It is reasonable that the applicant not be required to make improvements to the
roadway at this time because the City has already proposed to make those improvements.
This subdivision is proposed primarily to create additional lots for transfer. The applicant
intends to record no-build restriction on the final plat and no construction will occur until further
site plans are approved. The filing of the final plat will therefore not, in and of itself, impact the
current street system. The recommended conditions are designed to activate required street
improvements at the time of further development, when existing circumstances change. The
extent of further development will dictate the timing of the improvements.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development, and has previously undergone
subdivision review and approval, and has begun to be developed. Therefore, this subsequent
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. As noted under
criteria one above the property is designated as a residential area according to the City of
Bozeman Community Plan. The area is zoned for residential development, has previously
undergone subdivision review and approval, and has begun to be developed. Therefore, this
subsequent subdivision will not have adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent right-of-ways. No
additional water and sewer mains are required to service the proposed subdivision at this time.
Each lot will connect to the newly constructed water and sewer mains designed to the
appropriate design standard and shall be located in the standard location as approved by the
water/sewer superintendent upon further development. The water/sewer infrastructure for the
platted lots of this subdivision will specifically be called out in the no-build restriction recorded
with the plat. No construction can occur on these platted lots until the water/sewer infrastructure
has been installed at City standards.
Streets – The DRC has determined that the adjacent streets, when developed to City standards,
have capacity to accommodate this development. Following new water and service line
installations to accommodate the new lots/development, all street improvements will be
constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and
storm water facilities. The street infrastructure for the platted lots of this subdivision will be
specifically called out in the no-build restriction recorded with the plat. No construction can
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occur on these platted lots until the surrounding public streets have been brought up to City street
standards.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat.
Parklands – A waiver was requested and granted for Parks and Recreation Facilities Supplement
information as the site is within an existing subdivision, dedicated parkland credits from the
original Annie Subdivision to meet Section 38.27, BMC exist. 18.51 acre Rose Park was
dedicated with the Annie Subdivision Phase II to meet parkland requirements at that time.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife
habitat. The impacts to the more important habitat areas were addressed and mitigated during
the review of the original subdivision and are preserved as open space and/or parklands. Further,
the project is in a developing area identified for development.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title, with exception to the items called
out in the no-build restrictions recorded with the plat. The no-build restrictions will require the
necessary surrounding public infrastructure to be brought up to city standards before any future
construction can occur on the lots. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report. In addition, all subdivisions must be reviewed
against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the Department of
Community Development has reviewed this application against the listed criteria and further
provides the following summary for submittal materials and requirements.
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Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on October 23, 2013.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The DRC granted waivers to the supplemental information under 38.41.060, BMC
with the pre-application plan review application for: : 1) surface water, 2) floodplains, 3)
groundwater, 4) geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8)
agriculture, 9) agricultural water user facilities, 9) land use, 10) parks and recreational facilities,
12) neighborhood center 13) miscellaneous, and 14) affordable housing. A waiver to the
supplemental information for 1) water and sewer, 2) stormwater management, 3) streets, roads
and alleys, utilities, and lighting plan were not granted. Staff offers the following summary
comments on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. There are no known geologic hazards associated with the site.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property. Noxious
weeds are being controlled by the required Noxious Weed Management Plan.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area.
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38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area. There is no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and there no agricultural water user facilities on or
adjacent to the site.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system at the time of future development. Public infrastructure improvements adjacent to
the property (roads, water, and sewer) have been deferred until the time of future development
with a no-build restriction recorded with the plat.
38.41.060.A.11 Stormwater Management
Stormwater facilities have been designed to meet minimum requirements of the City of Bozeman
stormwater requirements. Preliminary calculations for sizing stormwater facilities have been
provided with this application. All future development on the individual lots will provide
appropriately sized retention ponds as part of the site plan development process.
38.41.060.A.12 Streets, Roads and Alleys
West Oak Street, Tschache Lane, and N. 27th Avenue currently exist but do not meet city
standards surrounding the perimeter of this proposed subdivision. N. 25th Avenue right of way
will be dedicated with this subdivision. A no-build restriction will be put on the final plat. No
further development will be able to occur on any of the platted lots until these perimeter streets
are brought up to current city standards.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
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38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No additional density is being proposed with this subdivision.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The lot dimensions comply with the zoning designation of R-3.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Required parkland and recreation facilities were dedicated with the original
Annie subdivision.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. A neighborhood center is not included with this subdivision.
38.41.060.A.18 Lighting Plan
Subdivision street lighting is proposed pursuant to Section 38.23.150.B, BMC. The final lighting
plan will be reviewed and approved at infrastructure plan approval. Staff recommends a
condition to require LED lighting per City policy.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The subdivision will not impact access to any public lands and there are no
identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing requirements, Section
10.8, BMC, have been deferred by the City Commission.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final plat application or other process
step.
a. Section 38.06.040.A.5.f BMC, conditional approval of the Preliminary Plat shall be in
force for not more than one calendar year for minor subdivisions. Prior to that expiration
date, the developer may submit a letter of request for the extension of the period to the Community Development Director for a mutually agreed-upon period of time.
b. Section 38.23.050 BMC, utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the
rear property line.
c. Section 38.21.080.A, BMC, the subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the
final plat.
d. Section 38.23.080.D BMC, proposed storm water facilities must be constructed and
contained on an individual lot as a common area(s) or parkland owned and maintained by the property owner’s association and noted accordingly in the protective covenants.
e. Section 38.26.050.E BMC, the property owners’ association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways
(i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit
for street trees and obtaining utility locates is required before any excavation begins in
the City of Bozeman right-of-way. The covenants shall include a planting note stating
that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
f. Section 38.27.090 BMC, prior to final plat approval executed waivers of right to protest
the creation of special improvement districts (SIDs) for a park maintenance district will
be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with the previous subdivision.
g. Section 38.41.080.2.g.9 BMC requires A Stormwater Master Plan for the subdivision for
a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff
from the private and public streets and all lots must be provided to and approved by the
City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin sites,
drainage ways, and lot finished grades), typical stormwater retention/detention basin and
discharge structure details, basin sizing calculations, and a stormwater maintenance plan.
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Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the park or open
space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer
will be required as part of the infrastructure plan and specification review process.
h. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer. The SMP requires submittals of an application form and a Storm Water
Management Plan in compliance with the City of Bozeman’s Storm Water Management
Ordinance #1763. The SMP is independent of any other storm water permitting required
from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development.
i. Section 38.23.070 BMC specifies that the Developer's engineer will be required to
prepare a comprehensive design report evaluating existing capacity of water and sewer
utilities which must be provided to and approved by the City Engineer. The report must
include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full
development. The report must also identify the proposed phasing of water and sewer
construction. If adequate water and/or sewer capacity is not available for full
development, the report must identify necessary water system and sewer system
improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development.
All water mains over 500 feet in length must be looped.
j. The transfer of water rights or the payment of cash in lieu of water rights shall be
provided in accordance to Section 38.23.180 BMC.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R-
3 residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
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intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner, the First Baptist Church PO Box 11889 Bozeman, MT 59719, represented
by C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 submitted
a preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 10.92 acres to into two multi-household residential lots and one
lot for a community center generally located northeast of the intersection of North 27th Avenue
and West Oak Street.
Project Background
The existing lot proposed for further subdivision was platted in May of 1995 with the Annie
Subdivision Phase II final plat. A note on that plat stated that the purpose of the plat was to
create five large lots to be used for further development and that no structures may be built on
any of the lots until water, sewer and appropriate access is provided to each lot. Since the time
of that plat sewer, water and streets have been extended to Lot 5.
APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on September 18, 2013. The pre-application was
reviewed by the DRC on October 9, 16, and 23, 2013 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application and granted
numerous supplemental information waivers under 38.41.060, BMC.
A preliminary plat application was submitted on February 24, 2014. The application was deemed
to not include all the required elements for review. Additional information was required per
Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on
March 19, 2014 the application was deemed acceptable for initial review on March 27, 2014.
The preliminary plat was reviewed by the DRC on April 9, April 16, and April 23. The DRC and
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on April 23, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was sent to
property owners of record within 200 feet of the subject property via first class mail, on April 21,
2014. No comment has been received as of the production date of this report.
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On April 28, 2014 this subsequent minor subdivision staff report was drafted and forwarded with
a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their May 5, 2014 public hearing. A subsequent minor
subdivision is subject to the review time of a major subdivision. The final decision for a Major
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by July 18, 2014.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Fellowship Baptist Church, PO Box 11889 Bozeman, MT 59719
Representative: C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT
59718
Report By: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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