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HomeMy WebLinkAbout1__16432 DRC 12-14-2016 TO: DEVELOPMENT REVIEW COMMITTEE FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER RE: BLACK OLIVE SITE PLAN APPLICATION 16432 DATE: DECEMBER 14, 2016 Project Description: A Site plan application for the demolition of the existing office building and the construction of a 56 unit apartment building and related site improvements that includes: 16 studio apartments, 24 one bedroom apartments, 16 two bedroom apartments, 35 parking spaces, 4 carshare vehicles. 1000 square feet of commercial space is proposed on the ground floor. The lots combined contain a total of .4407 acres. The site is located at 202 South Black Avenue. The legal description is as provided in the application and not provided here due to space constraints. Recommendation: Staff has found that the project does not comply with the requirements of Chapter 38 of the Bozeman Municipal Code and is deeming the application inadequate for further review. Code corrections must be satisfied prior to a recommendation for approval. Section 2 - 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 development. 1. 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. Section 3 – REQUIRED CODE CORRECTIONS All references are to the Bozeman Municipal Code. 1. Section 38.10.050. C Yards. Minimum yards required for the B-3 district. The project does not meet yard requirements with the underlying lot configurations. The lots must be aggregated or otherwise configured through the applicable subdivision exemption review process in order to meet requirements. The final signed mylars must be provided to our office to satisfy this code requirement. The amendment plat may be filed following the Commission decision. 2. Section 38.10.050.C Yards Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. A building awning extends across the property line and does not meet yard requirements. No encroachment permit is provided. 3. Section 38.23.060B Easements. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. No signed utility easements are provided to accommodate the utility layout. The final signed utility easement must be provided to our office to satisfy this code requirement. Confirm that the private utility and storm drainage can exist in the same easement. There does not appear to be any consideration of the overhanging shed eave easement in the utility easement. Provide clarification from the easement holders that the two can coexist in the same space. Easements may be filed following the Commission decision. 4. Sec. 38.24.100.C Street Vision triangle. Driveways and Alleys. Driveways and alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line shall use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. A local street vision triangle must be used for the East Olive Street driveway access as it exceeds 30 feet curb to curb. The vision triangle is shown incorrectly on plans. One on street parking space and a transformer encroaches into the vision triangle if applied per code. 5. Sec. 38.25.020.A Parking stall, aisle and driveway design. In any parking facility containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Compact sign locations and details provided for compact spaces do not meet code. Signs must be affixed immediately in front of each parking space. Plans show painted floor signs only. 6. Sec. 38.25.040.A.1.a(1) Number of parking spaces required. Residential Uses. One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated shall not exceed the number of dwellings on the lot. The width of drive accesses, designated nonparking areas, vision triangles, and similar circumstances shall not be considered to be available for the purpose of on-street parking space. One on street parking space is proposed within a vision triangle and is not allowed. 7. Sec. 38.25.040.A.1.b(3)-Car Sharing. . A car-sharing agreement meeting the criteria established by the planning director may be used to meet the required number of parking spaces. A car sharing agreement meeting the criteria established by the planning director is not provided. See and respond to each criteria in Administrative Policy No. 2016-01. 8. Sec. 38.27.020.E Residential site plans open space requirement. Site plans containing five or more dwelling units shall provide on-site open space for the use of the residents. The area to be provided is calculated only for those dwellings which do not have ground floor access to a landscaped rear yard. Open space shall be provided at a rate of 150 square feet per dwelling unit for dwellings with two or more bedrooms, and 100 square feet per dwelling unit for studio and one bedroom dwellings. All landscaped areas, public plazas or common green roof decks shall be considered a "commons" and be accessible to all residents of the site. The requirement may be met through the use of any of the following options. Options may be combined to satisfy the area requirement. The balcony dimensions do not meet standards as presented. Many dimensions are shown extending into the wall structure. 9. Sec. 38.27.030 Cash donation in-lieu of land dedication. C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 1. It shall be the responsibility of the developer to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the developer. 2. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.27.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition can not reasonably be determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. 3. The appraisal provided for the purpose of section 38.27.030 shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash donation has been accepted in-lieu of land dedication, the city shall record in the meeting minutes or other written decision why the dedication of land for parks and playgrounds was undesirable. No notation of the amount paid on the site plan has been provided. The payment may be provided following the Commission decision. 10. Sec. 38.41.080.A.2.G.7 requires that utility easements and their locations be shown on the site plan. Per ORD. 896 and site plan submittal requirements provide utility easement location in the vacated alley on the utility plans. 11. Section 38.25.025 applies to this project as the project includes ground floor structured parking. Section 38.25.025.B.1.b requires that parking garages that front onto streets shall provide a lining of retail, office, or residential use at the street level along the entire street frontage. The South Black Avenue frontage of the parking garage does not provide a lining of retail, office or residential use at the street level along the entire street frontage. 12. Engineering Comment. The finalized traffic impact study has a conclusion: “It is recommended that garage access be designed to allow sufficient sight distance on Olive Street similar to requirements for mid-block alley approaches.” The applicant’s engineer must provide a statement that the current design meets that recommendation. 13. Engineering Comment. The applicant will need to pay the cash-in-lieu (CIL) of water right requirement for the project. Brian Heaston analyzed that requirement, and a CIL payment of $35,640 must be paid by the applicant prior to site plan approval. 14. Engineering Comment. We are still waiting on an appropriate storm event to obtain sewer flow monitoring data in the downstream sewer main. At this point of the winter, it is unlikely we will obtain that data until spring unless we have a rain-on-snow event with warm weather conditions in the winter. I will discuss this item with the City Engineer and Public Works Director with respect to timing of this application. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. Note: During preparation of the staff report for future applications, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project.