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HomeMy WebLinkAboutDRC Staff Report 1-18-17 (16530 - Master Site Plan) TO: DEVELOPMENT REVIEW COMMITTEE FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER RE: BLACKMORE BEND MASTER SITE PLAN APPLICATION 16530 DATE: JANUARY 18, 2017 Project Description: A master site plan application for the phased construction of three commercial mixed use buildings, one existing commercial building and common parking, access and circulation. The site is located at 1324, 1332, 1340 E. Main Street and 203 Haggerty Lane. 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. Planning Division, Brian Krueger, bkrueger@bozeman.net, 582-2259 1. Section 38.10.050.A Yards. Minimum yards required for the B-2 district. The project does not meet yard requirements with the underlying lot configurations. The lot boundaries must be adjusted 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 Director of Community Development decision. 2. Section 38.10.050.A Yards. Yard setback shown incorrectly on Haggerty frontage. 25 foot front yard is required for parking in B-2 District. Parking lot curbing encroaches into required 25 foot front yard setback. 3. Section 38.10.050 Yards.10 foot rear yard setback required along south property line. Trash enclosure encroaches into setback. 4. Section 38.19.100.A.6 Plan review criteria. 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; Additional pedestrian crossings are required in the parking area. In order to provide direct access between pad #2 and J&H office and pad #1. The “intersection at the northeast corner of pad #1 must provide pedestrian crossings across all drive aisles and connect to proposed pedestrian sidewalk to the north on the east side of the primary north south drive access from East Main Street. A pedestrian crossing must be provided within the row of parking east of pad #1 in order to allow pedestrians and carts to access parking within the second circulation aisle east of pad #1. 5. Section 38.23.060.B 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. At a minimum a ten foot front yard utility easement is required in the front yard of all lots per section 38.23.060.B. 6. Section 38.23.060.C Easements. Public utility easements are required. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the city. 1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. No signed public utility easements are provided. 7. Section 38.23.170.A.1 Trash and garbage enclosures. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the solid waste truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the city's solid waste division. Solid waste division approval for trash enclosures not provided. 8. Section 38.24.100 Street vision triangle. 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. Highland Boulevard drive access exceeds 30’ in width. Provide local street site vision triangle at that access per code. 9. Section 38.24.120 Public Transportation All interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles. Provide clarification from Streamline that transit stop interior to the development is supported and will be utilized. Confirm transit route of travel within the site. 10. Section 38.25.040.2.c Number of parking spaces required. Adjustments to minimum requirements. Multiple adjustments area added together to modify the minimum parking from Table 38.25.040-3 in a single operation. Parking not calculated according to code. 11. Section 38.25.040.A.1.b(4) and c(3) Transit reduction. Provide approval from Streamline transit for stop location, construction detail for the transit shelter and confirm service is provided on an hourly schedule a minimum of five days a week. 12. Section 38.25.040.A.1.b(2) Number of parking spaces required. Residential Uses. Mixed Use reduction. Cannot confirm this reduction without more information based upon the types of residential units and numbers of bedrooms. Provide data on total residential parking demand in mixed use buildings. 13. Section 38.25.040.A.2.c(2) Number of parking spaces required. Nonresidential uses. Adjustments to minimum requirements. Site does not lie within a commercial node as defined and does not qualify for the reductions noted. If joint use parking is proposed complete parking study per Section 38.25.050 BMC. 14. Section 38.25.040.A.2(6) Number of parking spaces required. Nonresidential uses. Adjustments to minimum requirements. Floor plans not provided that demonstrate that in addition to the covered bicycle parking that the provisions are met for all uses providing a shower and changing area for employees in addition to the covered parking as required. Both must be provided to allow the reduction. 15. Section 38.26.050.C.2.e (2) Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and (3) The minimum width and/or length of any parking lot landscaped area shall be eight feet. Parking adjacent to pad #1 on the north does not meet the standard. Parking due south of pad #3 does not meet the standard. 16. Section 38.26.050.E Street frontage landscaping required states Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. The street trees along Highland Boulevard are to be planted under overhead power lines. Spacing does not match requirements for two trees per50 feet of frontage. Confirm tree species for planting under power lines per City of Bozeman Tree Selection Guide. Engineering Division, Shawn Kohtz, P.E., skohtz@bozeman.net, 582-2288 Code Corrections 1. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C" unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole. Two intersections within one half mile of the proposed project operate at a LOS less than “C”. One intersection is the intersection of Haggerty Lane and East Main Street, and the other intersection is the intersection of Highland Boulevard and East Main Street. The developer proposed upgrades to the intersection of Highland Boulevard and East Main Street, and the proposed preliminary intersection configuration has been approved by the City and Montana Department of Transportation (MDT). To obtain a waiver of the intersection LOS requirement prior to any future site plan approval, the requirements of BMC 38.24.060.B.4.b must be met. MDT asserts that the intersection of Haggerty Lane and East Main Street will not be allowed to be signalized due to its proximity to the Interstate 90 off ramp. Given that limitation, this intersection has been constructed to its maximum lane and turning movement capacity. The exception to the LOS “C” standard outlined in BMC 38.24.060.B.4.a applies in this case. The application materials indicate that the intersection of Highland Boulevard and East Main Street will be upgraded in “Phase 2”. Also, the left turn lane into the project from Highland Boulevard is indicated in “Phase 2”. It is not clear if “Phase 2” refers to the development Phase 2 or if the phasing refers to offsite street improvements only. The intersection and left turn lane must be upgraded with the development Phase 1. 2. BMC 38.24.050.A states: All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 2. Access streets and roads which are not on the city's or county's road maintenance system shall be dedicated to the public or shall have a public easement which meets the criteria of this article. The applicant must provide two easements consistent with right-of-way requirements for minor arterial streets: a. 5-feet along the property boundary where adjacent to Highland Boulevard, and b. 15-feet along the property boundary for Haggerty Lane. 3. BMC Section 38.24.090.H.3 Commercial developments (including residential complexes for five or more households) which may not be able to meet the requirements of subsections C through E of this section, and are requesting modifications from the standards, shall submit to the city engineer a report certified by a professional engineer addressing the following site conditions, both present and future: a. Traffic volumes; b.Turning movements; c.Traffic controls; d. Site design; e. Sight distances; and f. Location and alignment of other access points. The proposed accesses for the project do not meet the separation standards for arterial streets outlined in BMC Section 38.24.090.D.3; therefore, the applicant must provide justification for the deviation from the access standards. 4. BMC Section 38.23.060.A states: Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. Where sidewalk adjacent to Highland Boulevard is located outside the right-of-way or any dedicated public access easement, the applicant must provide a public access easement for the sidewalk. 5. BMC 38.23.150.C states: Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the City of Bozeman Design Standards and Specifications Policy (DSSP). The applicant must construct street lighting adjacent to the property boundary on Highland Boulevard consistent with the DSSP requirements and spacing. 6. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. Sanitary sewer downstream of the proposed project identified as the Front Street Sewer Interceptor does not have capacity for additional loading. However, this site had a previous use. Only the peak-hour flow rate from the proposed project up to the pre-existing use will be allowed on the site, which the applicant must demonstrate by flow records or computation, until the downstream sewer interceptor upgrade is complete. The City’s 5-year capital improvement plan identifies upgrade of the Front Street Sewer Interceptor in the City’s fiscal year 2019. The existing sanitary sewer main configuration indicated on the west side of the site is not consistent with the City’s GIS data for sewer on the site. The applicant must investigate the discrepancy and correct the sanitary sewer plan as necessary. A minimum of 10-feet separation is required between water and sanitary sewer services and trees or other significant landscaping features. The applicant must correct the plans to indicate the separation requirement. The applicant must abandon any unused water services at the main. The applicant must abandon any unused sanitary sewer services per Water and Sewer Department Requirements. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. Conditions of Approval 1. If not already filed with the underlying subdivision, the applicant must 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 Highland Boulevard including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Haggerty Lane including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to E. Main Street and Highland Boulevard d) Intersection improvements to E. Main Street and Haggerty Lane 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. This is a condition of master site plan approval. Advisory Comments 1. Plans and Specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. 2. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 3. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, Montana Department of Transportation, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant and provided prior to final plat approval. 4. If any food preparation uses are anticipated in the future phase buildings, the applicant should consider installing grease interceptors for those uses in the current design. It will be more difficult to install grease interceptors at a later date. The applicant is advised that a grease interceptor, conforming to the latest adopted edition of the Uniform Plumbing Code must be installed with any development responsible for food preparation. 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. 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.