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HomeMy WebLinkAbout3_FORMAL RESPONSE_2017-01-24 (SP1) BLACK OLIVE – BLACK OLIVE SITE PLAN APPLICATION 16432 - RESPONSE DATE: January 24, 2017, Comments from: January 18, 2017 Building change overview: - Outdoor retail seating added at west elevation along S. Black Ave. - (1) On street parking stall removed on E. Olive St. - (1) Parking stall added inside parking garage. Required Code Corrections: 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. a. Response: An executed lot aggregation has been provided to the City separately. It is our understanding that the survey will be filed upon City approval of this application. 2. Section 38.19.100.A.4, 5, 6, 7 Plan Review Criteria. 4. Relationship of plan elements to conditions both on and off the property, including: a. Compatibility with and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhoods density, landscaping, historical character, orientation of buildings on the site and visual integration; b. Design and arrangement of the elements of the plan (eg., buildings, circulation open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood and other approved development and produce an efficient functionally organized and cohesive development; c. Design and arrangement of elements of the plan (eg., building circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation and to contribute to the overall aesthetic quality of the site configuration; and d. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, the project is in conformance with the provisions of article 16 of this chapter; 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrian and vehicular circulation systems to assure that pedestrian 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; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of the vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. The addition of a second vehicular entrance on South Black Avenue does not comply with these code sections. The second vehicular access does not integrate well with the organizational scheme of the neighborhood. This drive access will increase the amount of pedestrian and vehicular conflicts, will conflict with adjacent and proximal current accesses, will remove mature street trees, and does not increase convenience and safety for pedestrian at an intersection that is predominantly pedestrian oriented other than the mail drop box at the Federal Building. The parking garage can function safely and efficiently with a singular access from Olive Street. a. Response: Secondary access point off S. Black Ave. has been removed. Only vehicular access point into parking garage is off E. Olive St. 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. a. Response: An executed utility easement is included with this application. It is our understanding that this easement will be filed upon City approval of this application. 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. The East Olive Street driveway access vison triangle is shown with one on street parking space encroaching into the site vision triangle. Per Engineering Division comment, traffic engineer must certify a safe vision condition in this location per the traffic study. a. Response: The on-street parking space that was encroaching into vision triangle has been removed. Only (3) on street parking stalls are being counted. No parking signs have been added at the extents of the vision triangle to protect the site distance. 5. 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 non parking areas, vision triangles, and similar circumstances shall not be considered to be available for the purpose of on-street parking space. Traffic engineer must certify that safe vision condition at East Olive Street driveway access. a. Response: The traffic engineer has stated that with the removal of the conflicting on-street parking space that adequate site distance is met. Only (3) on street parking stalls are being counted. 6. 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. a. Response: Car sharing policy No. 2016-01 and car titles will be provided after acceptance of this application, but prior to CO of the building. Car share signage to indicate parking spots added. RE: A00.44 & A01.01. The car sharing agreement has been previously provided. BLACK OLIVE is working with the City Legal Staff to create a long term agreement that meets the requirements set in the code. 7. Sec. 38.25.025 Structured parking facility standards 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 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. a. Response: Outdoor retail seating patio added along S. Black Ave., for retail tenant use. 8. Sec. 38.25.025.B.4 Structured parking facility standards requires that street level opening on parking structures shall be limited to those necessary for retail store entrances, vehicle entrances and exit lanes and pedestrian entrances to stair and elevator lobbies. The vehicular door on the South Black Avenue frontage of the parking garage is not necessary and does not conform to this section. This private parking garage can function safely with a singular entrance from Olive Street. a. Response: Vehicular entrance off S. Black Ave., has been removed. Only access point into parking garage is off E. Olive St. 9. General Comment. Per the Department of Community Development Fee schedule, third and subsequent of revised materials required that ¼ of the total original application fee be submitted to cover the City’s cost to continue review of this project. The original application fee was $9348.57. A $2,337.14 fee is require with the submittal of a revised application. a. Response: Acknowledged. Engineering Division 1. Section 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 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. The City is analyzing downstream sanitary sewer capacity to accommodate the proposed project. We have placed a flow monitor in a sewer manhole at one location in the 6-inch main in Black Avenue. We have also placed a monitor in the sewer main at the intersection of Bozeman Avenue and Main Street. Flow monitoring indicated there is not adequate capacity in the 6-inch main in Black Avenue. The developer must upgrade the 6-inch main from the proposed sanitary sewer service to the intersection of Black and Main to accommodate the proposed project. The new sanitary sewer main size must be an 8-inch main. Flow monitoring in the downstream section of sanitary sewer main in Main Street between Black and Bozeman is inconclusive to date. A significant storm event must occur to determine the existing remaining sewer capacity in Main Street to accommodate the proposed project. Flow monitoring likely will not be conclusive on that section of sanitary sewer main until rain events are observed in the spring. Alternatively, the developer may construct sanitary sewer improvements in Olive Street and in Bozeman Avenue to construct 2-1/2 blocks of 8-inch sanitary sewer and connect the building service to that new main. That sewer must be constructed to the intersection of Main and Bozeman and coordinated with the City’s reconstruction project for Olive Street. Per BMC 38.39.030.C, this improvement must be complete prior to site plan approval. a. Response: The developer is continuing to work with Public Works to ensure that adequate sewer capacity exists. It will be best to combine the required improvements with the Olive Street Reconstruction project which will reduce costs and impacts to City residents. 2. Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. Analysis indicates a payment of $35,640 is due prior to site plan approval. a. Response: The CIL payment will be made upon City approval of this application. 3. Section 38.24.010.A states: All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The traffic impact study for the project indicated, “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 traffic engineer that developed that recommendation must provide a statement that the site distance associated with the proposed design meets his recommendation. The applicant must provide this statement prior to site plan approval. a. Response: A letter from the traffic engineer stating that the currently proposed design meets his recommendation is provided with this application. 4. Section 38.24.090 Access. Section 38.24.090.D.2 states Standards for development approved after July 10, 2002. This section shall apply to all development receiving preliminary approval after July 10, 2002. These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses. Table 38.24.090-1 requirements. The minimum required distance of 40-feet between the proposed new access to Black Avenue and the drive access to the Stiff Professional Building across the street is not met. Additionally, there would be left turn conflicting movements from these two accesses. A deviation request to allow the access onto Black Avenue will not be granted. The applicant must remove the proposed access onto Black Avenue from the design prior to site plan approval. a. Response: Vehicular entrance off S. Black Ave., has been removed. Only access point into parking garage is off E. Olive St. General Comments: 1. Plans and specifications for any fire service line must be prepared in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification and preparation of Mylar record drawings. Fire service plans, and domestic services 4” or larger, shall be a standalone submittal, separate from the FSP. City of Bozeman applications for service shall be completed by the applicant a. Response: Acknowledged. 2. 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. 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. a. Response: Acknowledged. 3. Section 40.03.960 A & B states: The operator of a restaurant or food preparation establishment discharging wastewater containing greater than 25 mg/l of oil and grease or that has a recurrence with grease building or blockage of sewer lines shall immediately install an approved grease trap. All sand and grease traps shall be properly maintained and serviced at the owner's expense. Records of maintenance and service for the sand and grease trap shall be made available to the city upon request by the engineer. 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. It is not clear if the shop in the ground floor of the building will include food preparation. a. Response: Acknowledged. No food preparation will be done in the retail space. Solid Waste recommended Conditions: General comments 1. Owner is responsible for placing full trash dumpster from the bottom of the trash chute to the streel level holding room located at the Olive Street side of the building. Dumpsters in the holding room will then be serviced by the waste provider. a. Response: Acknowledged. 2. There will be a roll-up door to access the trash holding room from the sidewalk off Olive Street. a. Response: Confirmed. 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.