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HomeMy WebLinkAbout12-10-18 City Commission Packet Materials - A1. Blackmore Marketplace Zoning Variance18509 Blackmore Marketplace Zoning Variance Page 1 of 17 18509 Staff Report for the Blackmore Marketplace Zoning Variance Date: City Commission Public Hearing December 10, 2018 Project Description: An application that includes a zoning variance from the requirements in Bozeman Municipal Code (BMC) Section 38.270.030.C.1.C.4, to allow a variance to the concurrent construction procedural requirements. Project Location: 1324 East Main Street. The property is zoned B-2, community business district, and is legally described as Lot 1, Block 3, Elks Club Property Rearrangement, located in Section 8, Township 2 South, Range 6 East, City of Bozeman, Gallatin County Montana. Recommendation: Approval 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 18509 and move to approve the Blackmore Marketplace Zoning Variance with conditions and subject to all applicable code provisions.” Report Date: Wednesday, December 05, 2018 Staff Contact: Brian Krueger, Development Review Manager Agenda Item Type: Action (Quasi-Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary A Zoning Variance application was submitted to the Department of Community Development to allow a variance to the concurrent construction procedural requirements. The applicant is developing the Blackmore Bend project at the southeast corner of the intersection of East Main Street and Highland Boulevard. A master plan was approved for this site in October, 2017 that included three new buildings, one existing building and 236 parking spaces. The first new building approved through the site plan process for the site was the Blackmore Marketplace building. The project was reviewed concurrently with the master site plan and received approval in October, 2017. The building is a mixed use commercial building with ground floor grocery use and second floor office use. The site plan was approved to allow the construction of the building; the majority of the site improvements including new accesses, parking and pedestrian circulation; and offsite street improvements required in order for the adjacent streets and intersections to function according to code requirements with the full build out of the project. The Blackmore Marketplace building site plan was approved for site plan concurrent construction which allows the construction of the building and the on and offsite infrastructure concurrently. The building is under construction and the onsite 127 18509 Blackmore Marketplace Zoning Variance Page 2 of 17 infrastructure and site improvements are nearly complete. The offsite street improvements are only partially complete and the applicant requests to occupy the building without completion of the offsite improvements and to install them next construction season. This is not allowed per BMC Section 38.270.030.C.1.C.4, which requires all offsite improvements to be complete. The applicant requests a variance to allow occupancy and to vary the timing of the installation of these offsite improvements. The applicant provides a response to the variance criteria and states that the offsite improvements could not be completed during the construction season due to an unequal burden that was placed on the project that would have otherwise allowed them to complete the project as planned and on schedule. The application presents that the Montana Department of Transportation(MDT), which has authority over improvements to East Main Street including the intersection with Highland Boulevard, delayed the final approval of the intersection improvements and modified their position on the required improvements multiple times during the review which resulted in a final approval many months beyond the date which would have allowed the applicant to construct the improvements during the current construction season. The street improvements would have had to have been largely completed and installed prior to close of the asphalt batch plants that are required for the paving materials for the project. Per city engineering standards paving may not occur unless the temperature is 40 degrees and rising. The batch plants close once the weather no longer meets those standards. The application presents that the MDT delay was a governmental action outside of the property owner’s control that created an unnecessary hardship and a condition unique to this property that would unduly burden the project if compliance with the standard is required. No public comment has been received on the application. Alternatives 1. Approve the application based on the Commission’s findings of compliance with the applicable variance criteria contained within the staff report with the recommended conditions; 2. Approve the application based on the Commission’s findings of compliance with the applicable variance criteria contained within the staff report with modifications to the recommended conditions; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable variance criteria contained within the staff report; 3. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 128 18509 Blackmore Marketplace Zoning Variance Page 3 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - REQUESTED RELAXATIONS/DEVIATIONS/VARIANCES .................... 10 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 SECTION 4 - STAFF ANALYSIS......................................................................................... 11 Zoning Variance Review Criteria – Section 38.250.070.C, BMC .................................. 11 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 15 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 16 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 17 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 129 18509 Blackmore Marketplace Zoning Variance Page 4 of 17 SECTION 1 - MAP SERIES Zoning and Vicinity Map 130 18509 Blackmore Marketplace Zoning Variance Page 5 of 17 Approved Master Site Plan 131 18509 Blackmore Marketplace Zoning Variance Page 6 of 17 Overall Off-Site Street Improvements 132 18509 Blackmore Marketplace Zoning Variance Page 7 of 17 Installed Fall 2018 Improvements 133 18509 Blackmore Marketplace Zoning Variance Page 8 of 17 Proposed Restricted Movement Approach at Highland Entrance Right in/Right Out Only 134 18509 Blackmore Marketplace Zoning Variance Page 10 of 17 SECTION 2 - REQUESTED RELAXATIONS/DEVIATIONS/VARIANCES A zoning variance has been requested from the section BMC 38.270.030.C.1.c.(4) C. Completion time for site development. Whenever any building lots and/or building sites are created inside the city limits, and prior to the issuance of any building permits on such lots or sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Subject to the provisions of subsection C.1 of this section, these improvements must be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by the review authority prior to the issuance of any building permits. 1. Provision of municipal central water distribution, municipal sanitary sewer collection systems, and streets means that the criteria in either subsection a or subsections b and c are met as follows: a. Water, sewer and street services are installed and accepted by the city with service stubs being extended into the site, with such stubs being of adequate size to provide water and sewer service to the proposed development without modification to publicly owned infrastructure; or b. The water mains, sewer mains and streets to be extended to provide service to the development are: located within a publicly dedicated right-of-way or easement; constructed to city standards; are physically adjacent to the site proposed for construction; are installed and accepted by the city; and are adequate in capacity to provide necessary service to the proposed development; and comply with the requirements of this subsectionC.1.b and subsection C.1.c of this section; c. Water mains, sewer mains and streets must meet the following requirements: (1) Any required on-site extensions of water mains, sewer mains or streets to be dedicated to the public must be located entirely within publicly held easements or rights-of-way; must serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under the control of a single developer who must retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; (2) The DRC must determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are available from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist then concurrent infrastructure and building construction may only occur under the provisions of subsection C.1.c.(3) of this section. Based on evaluation by the fire department, simultaneous 136 18509 Blackmore Marketplace Zoning Variance Page 11 of 17 construction of infrastructure to be dedicated to the public and private construction may be permitted only within a defined portion of the site; (3) Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; and (4) No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city. SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL 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. 2. The applicant must enter into an improvements agreement and provide a financial guarantee for 150% of the estimated costs of the improvements in a form acceptable to the city attorney for the remaining offsite improvements prior to building occupancy per BMC Section 38.270.060. The improvements agreement must be executed and financial guarantee approved by the city attorney prior to occupancy. 3. The applicant must complete all required improvements by August 1, 2019. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Blackmore Marketplace Zoning Variance, 18509 The Development Review Committee reviewed the variance request and recommends approval with conditions. This report includes findings for zoning variance review criteria in Section 4, Staff Analysis. The City Commission is scheduled to hold a public hearing and review the application at its December 10, 2018 meeting. SECTION 4 - STAFF ANALYSIS 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 in this report is a summary of the completed review. Zoning Variance Review Criteria – Section 38.250.070.C, BMC 1. Will not be contrary to and will serve the public interest; Staff finds that the requested variance will be not be contrary to and will serve the public interest. 137 18509 Blackmore Marketplace Zoning Variance Page 12 of 17 Granting the proposed variance to allow the completion of the Blackmore Marketplace building and allow the building to open for business in conjunction with an improvements agreement and financial guarantee for the offsite improvements will satisfy the objectives outlined in intent and purpose of Chapter 38 of the Unified Development Code which is to protect the public health safety and general welfare while at the same time to recognize and balance the various rights and responsibilities relating to land ownership, use and development identified in the US and State of Montana constitutions and statutory and common law; to implement the city’s adopted growth policy and to meet the requirements of state law. The building and onsite improvements will be complete. The sidewalks along the street and accesses to East Main Street and Haggerty Lane will be complete. The sidewalks along the street and access to Highland Boulevard will be complete. A traffic control plan will be implemented to restrict access to and from the site at the Highland Boulevard access until intersection improvements are complete. The proposed mitigation to control traffic flow until the intersection improvements can be completed has been approved by City Engineering and will allow the safe functioning of the project in the interim. The mixed use building will enhance and contribute to the aesthetic character and function of the property and the surrounding area by completing a the first phase of this infill project, by reducing the visual impacts of the vacant lot, by completing the sidewalk system along the entire perimeter of the project and by maximizing efficient use of the land through the addition of a grocery use to the neighborhood. The owner has provided substantial evidence that assures that the improvements will be completed including a construction contract to complete the work, a list of construction materials that have already been received or are under order, and a signed improvements agreement pending a financial guarantee for the improvements. In accordance with Article 40 and Section 38.16.010.C, BMC, the neighboring community was provided notice and opportunity to comment upon the proposed deferral of improvements until after occupancy. No comments were received. 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: Staff finds that the requested variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter. The Blackmore Marketplace building site plan was approved for site plan concurrent construction which allows the construction of the building and the on and offsite infrastructure concurrently. The building is under construction and the onsite infrastructure and site improvements are nearly complete. The offsite street improvements are only partially complete and the applicant requests to occupy the building without the incomplete improvements installed and to install them next construction season. This is not allowed per BMC Section 38.270.030.C.1.C.4, which requires all offsite improvements to be complete. The applicant requests a variance to allow occupancy and to vary the timing of the installation of these offsite improvements. The offsite improvements could not be completed during the current construction season 138 18509 Blackmore Marketplace Zoning Variance Page 13 of 17 due to an unequal burden that was placed on the project that would have otherwise allowed them to complete the project as planned and on schedule. The Montana Department of Transportation (MDT), which has authority over improvements to East Main Street including the intersection with Highland Boulevard, delayed the final approval of the intersection improvements and modified their position on the required improvements multiple times during the review which resulted in a final approval many months beyond the date which would have allowed the applicant to construct the improvements during the construction season. The street improvements would have had to have been largely completed and installed prior to close of the asphalt batch plants that are required for the paving materials for the project. Per city engineering standards paving may not occur unless the temperature is 40 degrees and rising. The batch plants close once the weather no longer meets those standards. The MDT delay was a governmental action outside of the property owner’s control that created an unnecessary hardship and a condition unique to this property that would unduly burden the project if compliance with the standard is required. The applicant has provided support for the variance in the submittal which is attached to this report. a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and Staff finds the hardship does not arise from the actions of the owner/developer/applicant and is not self-imposed. The Montana Department of Transportation (MDT), which has authority over improvements to East Main Street including the intersection with Highland Boulevard, delayed the final approval of the intersection improvements and modified their position on the required improvements multiple times during the review which resulted in a final approval many months beyond the date which would have allowed the applicant to construct the improvements during the past construction season. The offsite improvements could not be completed during the current construction season due to an unequal burden that was placed on the project that would have otherwise allowed them to complete the project as planned and on schedule. The applicant has provided support for the variance in the application materials which are attached to this report. b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Staff finds conditions unique to the property. The offsite improvements could not be completed during the current construction season due to an unequal burden that was placed on the project that would have otherwise allowed them to complete the project as planned and on schedule. The Montana Department of Transportation (MDT), which has authority over improvements to East Main Street including the intersection with Highland Boulevard, delayed the final approval of the intersection improvements and modified their position on the required improvements multiple times during the review which resulted in a final approval many months beyond the date which would have allowed the applicant to construct the improvements during the past construction 139 18509 Blackmore Marketplace Zoning Variance Page 14 of 17 season. The variance application documents that the applicant and City Engineering received conceptual approval from MDT for the improvements in December of 2016. A formal design application was submitted to MDT in October of 2017. MDT in November 2017 reaffirmed its intent to approve the design submitted and as conceptually approved in December 2016. In January 2018 MDT determined the design must incorporate changes to the north side of the East Main Street/Highland Boulevard intersection which had not been previously discussed. The design changes to the intersection required easements, cooperation from adjacent property owners, additional street improvements, relocation of fire hydrants and increased sizing of street light booms and poles. MDT issued final approval in September of 2018. The project was finally bid at that time. Due to the delay, the contracted amount of the work increased nearly six-fold. The applicant entered into the contract on October 16, 2018 for the work. The delayed MDT final approval was beyond the date which would have allowed the applicant to construct the improvements during the past construction season. The street improvements would have had to have been largely completed and installed prior to close of the asphalt batch plants that are required for the paving materials for the project. Per city engineering standards paving may not occur unless the temperature is 40 degrees and rising. The batch plants close once the weather no longer meets those standards. 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; Staff finds that the requested variance will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice. The requested variance will support several policies, goals and objectives found in the Bozeman Community Plan. The granting of the proposed variance will allow the applicant to complete the project as originally approved with a delay to the final intersection improvements and will do substantial justice by protecting the interests of the public and the applicant in harmony with the growth policy. The growth policy supports the concurrent development of infrastructure and buildings, provides allowances for guaranteeing improvements and requires development to mitigate its’ impacts. Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community. This project provides for the orderly development of the city and will function safely in the interim until the final intersection improvements are installed next construction season. The variance has been noticed and no persons are objecting to the variance. Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent with, development. Adequate public facilities and public infrastructure are required with this project. The variance to delay the timing of the installation does not relieve the developer of the responsibility to install the improvements. The owner has provided substantial evidence that assures that the improvements will be completed including a construction contract to complete the work, a list of construction materials that have 140 18509 Blackmore Marketplace Zoning Variance Page 15 of 17 already been received or are under order, and a signed improvements agreement pending a financial guarantee for the improvements. The infrastructure will be in place prior to any further development of the site. Objective G-1.3: Require development to mitigate its impacts on our community as identified and supported by evidence during development review, including economic, health, environmental, and social impacts. This development was required to mitigate its impacts on our community. The variance does not negate the requirement to install the improvements, but varies the timing of the installation of the improvements. Objective G2.1 Ensure that development requirements and standards are efficiently implemented, fairly and consistently applied, and proportionate to the concerns being addressed. The variance provides fair implementation of the development code and requirements. A governmental action outside of the property owner’s control created an unnecessary hardship and a condition unique to this property that would unduly burden the project if compliance with the standard is required. Conclusion. Staff finds the burden of proof has been overcome for all criteria and supports the variance request based on review of the information provided and the conditions unique to this site and situation. The applicant has provided support for the variance in the application materials which are attached to this report. The requirement to enter into an improvements agreement for 150% of the costs of the improvements and provide a financial guarantee for such amount adequately protects the public interest as the agreement and financial guarantee will ensure the offsite improvements are completed. If the City Commission denies the variance request, the applicant must not occupy the building prior to the completion of all required improvements. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned Community business district, B-2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Adopted Growth Policy Designation: The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. The Plan indicates that “Activities within this land use category are the basic employment and services necessary for a vibrant 141 18509 Blackmore Marketplace Zoning Variance Page 16 of 17 community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. APPENDIX B – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to BMC Section 38.220 Part 3. Notice was posted on-site and sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail on November 16, 2018, at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on November 18 and 25, 2018. 142 18509 Blackmore Marketplace Zoning Variance Page 17 of 17 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner & Applicant: East Main Investments, LLC 1184 North 15th Avenue, Suite 4 Bozeman, MT 59715 Representative: Don Cape, Jr. 1184 North 15th Avenue, Suite 4 Bozeman, MT 59715 Report By: Brian Krueger, Development Review Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application Application 2 Plans Improvements agreement 143 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 144 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 145 DEVELOPMENT REVIEW APPLICATION Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature: Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plan 6. Subdivision fnal plan 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD fnal plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal . Commercial Non-residential COA 16. Historic Neighborhood Conservation Overlay COA 17. Informal Review 18. Zoning Deviation/Departure . Zoning or Subdivision Variance . Conditional Use Permit 21. Special Temporary Use Permit 22. Special Use Permit 23. Regulated Activities in Wetlands 24. Zone Map Amendment (non-Annexation) 25. UDC Text Amendment 26. Growth Policy Amendment 27. Modifcation/Plan Amendment . Extension of Approved Plan . Reasonable Accommodation 30. Comprehensive Sign Plan 31. Other: CONTACT US FORM FORM None INF MSP None SP 19 Z/SVAR PA 20 CUP PP STUP FP SUP SE WR CR ZMA PUDC ZTA PUDP GPA PUDFP MOD ANNX 28 EXT AIA 29 RA APA CSP 15 CCOA NCOA Alfred M. Stif Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406.582.2260 fax 406.582.2263 planning@bozeman.net www.bozeman.net Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 146 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 Zoning Variance Request October 29, 2018 Project: Blackmore Marketplace Building Site Plan Application 16-531 Applicant: East Main Investments, LLC Don Cape, Jr. 1174 North 15th, Suite 4 Bozeman, MT 59715 (406) 624-0382 dcape@jwtcompanies.com Variance Requested 38.270.030.C.1.C.4 BMC - Concurrent Construction Procedural Requirement East Main Street and Highland Boulevard Intersection Improvements “No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city.” 147 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 Table of Contents 1. Development Review Form A1 Tab 1 2. Zoning Variance Form ZVAR Tab 1 3. Executive Summary Tab 2 4. Variance Request Narrative Tab 3 5. Project Background Tab 3 6. Variance Request Tab 3 a. Explanation for Variance Request i. Phased Approach to Improvements ii. History iii. Current Status b. Response to Conditions for a Variance i. The variance will not be contrary to and will serve the public interest. ii. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of the chapter (Chapter 38, BMC). iii. The hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the application of previous predecessors in interest, or potential for greater financial returns. iv. Conditions unique to the property that may include, but are not limited to slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners’ control. v. The variance will observe the spirit of the chapter (Chapter 38, BMC), including the adopted growth policy, and do substantial justice. 7. Exhibits Tab 4 a. Blackmore Bend Master Site Plan b. Overall Improvements c. Phase 1 Fall 2018 Improvements d. Phase 1 Temporary Turning Movements e. Schedule of Improvements for Total Project by Line Item f. Waiver on Level of Service East Main & Highland g. City of Bozeman Impact Fee Payment Agreement h. Acknowledgement of Authority and Restrictions for Concurrent Construction i. Construction Cost Sharing Agreement j. Executed Construction Agreement for Full Scope of Improvements k. Letter from Civil Contractor Detailing Timeline for Phase 1 and 2 and Current Status l. Letters from Sub Contractors m. Certified Adjoiners List n. Highland Boulevard and East Main Street Historical Timeline 148 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 Executive Summary The Applicant, East Main Investments, LLC (EMI), is requesting the City of Bozeman (COB) grant it a temporary Zoning Variance from 38.270.030.C.1.C.4 BMC - Concurrent Construction Procedural Requirement - “No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city.” as it relates to the East Main Street and Highland Boulevard Intersection Improvements (Improvements). EMI, through this Variance, is requesting to complete the Improvements in two phases. Phase 1 will include new striping on East Main Street, the removal of a raised median on East Main St. east of Highland Blvd. and installation of new signal bases. Phase 2 will include improvements to the signalization, the north side of East Main and the length of Highland from East Curtiss to East Main to include a second left hand turn lane. Phase 1 work began on October 29, 2018 with an anticipated one and one half week to completion, weather dependent. Phase 2 work is anticipated to begin April 1, 2019 with an anticipated completion date by end of May 2019, weather dependent. Blackmore Marketplace Building access off of Highland will be restricted to a right in and right out only access until Phase 2 is completed, the final design of which is dependent upon MDT and COB approval. EMI, through its consultant Morrison & Maierle, Inc., worked diligently with MDT and COB Engineering to arrive at a design agreeable to both agencies beginning with approval of a conceptual design in December 2016. EMI applied for formal approval in October of 2017 and did not receive final approval until the first week of September 2018 in spite of concerted efforts by its consultants and extraordinary efforts by the COB City Manager and its Public Works Director. The scope of the improvements also increased from the approved conceptual design to include work on the north side of the intersection which triggered longer signalization booms and new poles. The conceptual design assumed the reuse of most if not all of the existing signals. The Impact Fee Agreement entered into by EMI and COB contemplated an original budget of $241,781 of which COB was contributing $120,000 of CIP money. The final design as contracted for will cost $1,128,008.96, representing a net increase of $886,227.96. The primary issue behind this variance request is issues with unpredictable fall weather and the historical timing of the asphalt plant closure. The original scheduled start date for the improvements was October 22, 2018. This schedule was predicated by the ordering of a custom 60” manhole required by the project. The timeline for the project would have required the laying of asphalt one to two weeks after the typical closure date of the asphalt plant which would force the use of a slurry coat (non-shrink concrete backfill) for the entire portion of Highland being improved. The use of slurry coat (non-shrink concrete backfill) is an approved temporary alternative to asphalt on projects when weather dictates. It would be unorthodox to begin a project with a high degree of likelihood that slurry coat (non-shrink concrete backfill) would be the only surface used. Considering the importance of this intersection as a primary access point to Bozeman Health Deaconess Hospital, EMI feels that it would be inappropriate to begin major improvements to this intersection knowing that it will likely be left in a slurry coat (non-shrink concrete backfill) condition through the winter months. 149 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 Explanation for Variance Request The Applicant, East Main Investments, LLC (EMI) is requesting the City of Bozeman (COB) grant it a temporary Zoning Variance from 38.270.030.C.1.C.4 BMC - Concurrent Construction Procedural Requirement - “No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city.” as it relates to the East Main Street and Highland Boulevard Intersection Improvements (Improvements). Phased Approach to Improvements EMI, through this Variance, is requesting to complete the Improvements in two phases which are generally explained below. Graphical representations of the two phases are included in Exhibits B, C and D attached. Phase 1 Phase 1 will include new striping on East Main Street, the removal of a raised median on East Main St. east of Highland Blvd. and the installation of new signal bases. Blackmore Marketplace Building access off of Highland will be restricted to a right in and right out only access until Phase 2 is completed, subject to final approval by MDT and COB Engineering. This access is approved as a full access upon completion of the Improvements. Phase 1 work began on October 29, 2018 with an anticipated one and one half week completion, weather dependent. Phase 2 Phase 2 will include improvements to the signalization, the north side of East Main and the length of Highland from East Curtiss to East Main to include a second left hand turn lane. Phase 2 work is anticipated to begin April 1, 2019 with an anticipated completion date by end of May 2019, weather dependent. The rationale for the two phased approach is based in EMI’s concern for the functionality of this intersection through the winter months. The original scheduled start date for the Improvements was October 22, 2018. This schedule was predicated by the ordering of a custom 60” manhole required by the project. The timeline for the project would have required the laying of asphalt one to two weeks after the typical closure date of the asphalt plant which would force the use of a slurry coat (non-shrink concrete backfill) for the entire portion of Highland being improved. The use of slurry coat (non-shrink concrete backfill) is an approved temporary alternative to asphalt on projects when weather dictates. It would be unorthodox to begin a project with a high degree of likelihood that slurry coat (non-shrink concrete backfill) would be the only surface used. Considering the importance of this intersection as a primary access point to Bozeman Health Deaconess Hospital, EMI feels that it would be imprudent to begin major improvements to this intersection knowing that it will likely be left in a slurry coat (non-shrink concrete backfill) condition through the winter months. History In June of 2017 EMI executed an Acknowledgment of Authority and Restrictions for Concurrent Construction with COB. This acknowledgement obligated EMI to complete the Improvements prior to 150 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 issuance of a Certificate of Occupancy (CO). In September 2017, EMI also entered into a City of Bozeman Impact Fee Payment Agreement obligating COB to participate in the cost of the Improvements in the amount of $120,000 against an engineer’s estimate of $241,781. The remaining balance of $121,781 was the responsibility of EMI. During that same period, EMI entered into a Construction Cost Sharing Agreement with East Main Holdings, LLC (EHC) to equally share the remaining $121,781. As a point of reference, the EHC project is the new Payne West Building being constructed just east of the Locati Building on East Main. The EHC project was subject to the improvement of the East Main and Highland intersection much like EMI’s project. EMI worked diligently with its consultants at the time, KLJ Engineering, to apply for and receive conceptual approval for the Improvements by MDT and COB Engineering. EMI received conceptual approval in December 2016 for a scope of work that focused on the restriping of East Main Street in both the east and west bound lanes as well as Highland Boulevard south of the intersection to include a second left hand turn lane. EMI negotiated with the convenience store owner at the southwest corner of the intersection, CHS, Inc., to secure the additional right of way required for the expansion of the intersection and the additional left hand turn lane. This additional right of way came at no cost to COB. A full detail of the historical timeline associated with EMI’s effort to gain MDT approval is attached as Exhibit EMI submitted a formal design application to MDT in October 2017. EMI and its consultants, met with MDT in November 2017 to discuss the formal design. MDT affirmed its intent to approve the design as submitted. In January of 2018, MDT determined that the design must incorporate improvements to the north side of the intersection on property owned by Story Distributing, Inc. (Story) and Family Promise Network (Family). EMI began work with Story and Family to determine if they were willing to participate in these improvements either financially or through agreement to allow improvements to be made. Ultimately, they were only willing to afford easements for the work required and not to participate financially. EMI continued to work with MDT through the spring and summer of 2018 to gain approval of the final design to include the north side of the intersection. The requirement to include the north side of the intersection increased the scope of the project significantly as it required additional street improvements, the relocation of fire hydrants and increased sizing of street light booms and poles. Ultimately, the MDT review process required a significant investment by COB staff to include unprecedented efforts by City Manager Surratt and Public Works Director Woolard and Interim Public Works Director Kohtz. MDT issued final approval in early September of 2018. EMI requested bids from five qualified civil contractors, to which it received only one response. The timing of the request for bids limited the responses due to capacity constraints on the civil contractors operating in the Bozeman market. The contracted amount for the full scope of work is $1,128,008.96 compared to an original budget of $241,781. 151 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 Current Status EMI entered into a contract, included as Exhibit J, with Walker Excavation on October 16th, 2018 for the full scope of the Improvements. EMI investigated at length the prospects of rebidding all or portions of the Improvements in hopes that it might achieve a lower cost. It came to EMI’s attention that already planned for price increases by many of the subcontractors would expose the project to higher costs than what it is currently contracted for. Letters from the subcontractors are included as Exhibit I. At this time, contracts have been issued for the full scope of the Improvements. The following items have been ordered and either on hand or on order, per a letter from the civil contractor included as Exhibit K. 1. All additional rights of way have been secured by EMI and those rights of way have been recorded. 2. All precast manholes and subgrade structures 3. All pipe materials to include hydrants, valves and valve boxes 4. All RCP pipe orders have been submitted for production 5. P&P Bonds have been ordered 6. Light signal control equipment 7. Thermoplastic markings 8. Relocation of two Northwestern Energy Power Poles has been completed and paid for. The following subcontracts have been signed on behalf of the civil contractor. 1. Montana Lines – Second round shop drawings are in process 2. High Country Paving – 2018 pricing contracted to carry through Spring 2019 Response to Conditions for a Variance 1. The variance will not be contrary to and will serve the public interest. EMI suggests that this variance request will actually serve, and not be contrary to, the public interest. Acknowledging that EMI is fully committed to completing the Improvements, this variance is requesting to complete the Highland portion of the work in the Spring of 2019 after a CO has been issued for the Blackmore Marketplace Building (Heebs). The original start date of October 22, 2018 would have created a high degree of risk that the entire portion of Highland Boulevard (East Main to Curtiss Blvd) would not be ready for asphalt until after the historical shut down date of the local asphalt plant. This reality would require the use of a slurry coat (non-shrink concrete backfill) to render the road surface useable through the winter months. Slurry coat (non-shrink concrete backfill)s, although an approved temporary surface by COB, is subject to failure and would create a snow plow and maintenance issue throughout the winter. Considering this is the primary route to the only local hospital in Bozeman, having a less than ideal surface on the road through a period of heavy snowfall and subsequent plowing could render this road either impassable during periods of repair or in a less than safe condition during potentially life and death situations. To further exacerbate this issue, any temporary traffic control measures implemented during periods of repair and construction will impair snow removal efforts. EMI believes that this is 152 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 too critical of an intersection to the broader community and surrounding areas to have in anything less than ideal condition during the winter months. 2. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of the chapter (Chapter 38, BMC). Owing to the fact that the Blackmore Bend Master Site Plan is bound by both East Main Street and Highland Boulevard, a critical intersection to the broader community, this variance is important to avoid a hardship to the broader community and surrounding areas. As the primary entrance to the only local hospital, this intersection is frequented by ambulances and citizens trying to get to and from the hospital in often life and death situations. The hardship created for not granting this variance is not to the project, but to the community itself. 3. The hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the application of previous predecessors in interest, or potential for greater financial returns. The hardship faced by not granting this variance is not to the developer as stated above, but to the broader community. The unique circumstance of timing associated with the Improvements are not the result of the developer’s actions or its predecessors as EMI made all available efforts to secure approval from MDT in a timely manner. Due to the complexities of the project, as its scope increased to include the north side of the intersection, the review time increased. As it relates to greater financial returns, this variance does not directly enhance the returns to the developer in that EMI is not trying to avoid the financial implications of the Improvements with this variance, but rather to postpone a portion of the work to the Spring of 2019 when climate conditions will allow it to complete the work without the use of a slurry coat (non-shrink concrete backfill). 4. Conditions unique to the property that may include, but are not limited to slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners’ control. The primary issue that precipitated this request for variance was the length of time MDT required to review EMI’s application for the design of the Improvements. As detailed above in the History Section, EMI received approval for the conceptual design of the Improvements in December of 2016. It then applied for a formal approval in October 2017. It did not receive final approval until September 2018 after much effort was made by EMI’s consultants, the COB City manager and Public Works Director. Also mentioned above, the scope of the project increased dramatically with the inclusion of the north side of the intersection and the introduction of two additional property owners. The scope of the project not only increased dramatically from a complexity standpoint, but also a financial standpoint increasing from an estimate of $241,781 to $1,128,008.96. Receiving approval for the Improvements this late in the construction season put the project at risk of completion without extensive use of slurry coat (non-shrink concrete backfill) thus putting intersection itself at risk of a less than ideal condition through the winter months. EMI does not believe much more could have been done in its effort to secure MDT approval. 153 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 5. The variance will observe the spirit of the chapter (Chapter 38, BMC), including the adopted growth policy, and do substantial justice. This variance request observes the spirit of Chapter 38 BMC specifically as it relates to Sec. 38.100.040.A. and B., which require the promotion and protection of public, health, safety and general welfare. The underlying premise of this variance request is the postponement of the Improvements as they relate specifically to Highland. In granting this variance, COB will allow EMI to avoid having to use a slurry coat (non-shrink concrete backfill) as a temporary surface through the winter months. EMI holds concerns regarding the implications of a failure of the slurry coat (non-shrink concrete backfill) due to Highland’s significance as a primary route to Bozeman Health Deaconess Hospital. Specifically, EMI believes that the following provisions in Sec. 38.100.040.C. are also addressed. Sec.38.100.040.C. 1. Orderly development of the city; a. Periodic disruption to Highland during the winter months due to failure of the slurry coat (non-shrink concrete backfill) would have impacts to the access to Bozeman Health Deaconess Hospital. 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; a. EMI is committed to improving the Highland and East Main intersection. This variance request is not to avoid that commitment, but simply to postpone a portion of the project to the Spring of 2019 when weather conditions will better support the construction. 3. Dedication of land for streets and roadways for public utility easements; a. EMI secured the right of way for the expansion of the intersection to accommodate the second left hand turn lane from the owner of the convenience store on the southwest corner of the intersection at no cost to COB. That right of way is in place and is recorded with the Gallatin County Clerk and Recorder. 4. Improvements of streets; a. EMI, as stated throughout this request, committed to improving the East Main and Highland intersection early on in the permitting of the Blackmore Bend project. In spite of the fact that the cost of the Improvements increased from and estimate of $241,781 to $1,128,008, EMI is not requesting with this variance to be relieved of its commitment, only to postpone a portion of the work to the Spring of 2019 when weather conditions will better support the construction. 6. Adequate transportation, water, drainage and sanitary facilities; a. Should construction of the Highland section of the Improvements began as planned on October 22, 2018 the project would have necessitated the use of slurry coat (non-shrink concrete backfill). This would have increased the risk of failure and the resulting repairs would have impacted the provision of adequate transportation. 7. Minimization of unnecessary congestion; a. The potential for a failure with the slurry coat (non-shrink concrete backfill) and the associated repairs during the winter months would have impacted 154 Zoning Variance Request Blackmore Marketplace Building Site Plan Application 16-531 the functionality of the Highland East Main intersection. This would have the potential of increased unnecessary congestion at an intersection the community and surrounding areas depend on for access to the hospital. 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public service; b. It should be acknowledged that the Highland and East Main intersection is the primary route utilized by the community and the surrounding areas for access to the hospital. Any disruption to its level of service resulting from a failure of the slurry coat (non-shrink concrete backfill) surface would have the potential to increase the danger or injury to health, safety or general welfare as many trips to the hospital have life and death implications. 155 Highland Boulevard and East Main Street Historical Timeline December 11, 2016 - MDT requires Highland be re-designed at or near 90°. September 5, 2017 – Request for confirmation submitted to MDT that the intersection design concept prepared by KLJ is the correct basis for the project, or if MDT had additional modifications and/or considerations. MDT responded on September 6, 2017 that the design was the correct basis, but some modifications would be necessary to the design of the transition tapers for the dual-left turn lane and southbound left turn lane on Highland Boulevard. September 11, 2017 - City and Developer enter into Impact Fee Agreement stating the Developer is to construct Highland perpendicular per MDT requirement. October 11, 2017 - Engineer submits Highland Blvd and Main St 100% Construction Plans/Specs to City and MDT for review. November 9, 2017 - MDT asks why the intersection is designed perpendicular. MDT requests geometric layout for north side approaches. MDT states they will not review remainder of construction submittal until they have a solution to the north side approaches. November 10, 2017 - Engineer responds to MDT and states that MDT required the perpendicular alignment back in 2016. Engineer requests meeting to discuss north approaches. November 29, 2017 - City, MDT, Engineer, Developer attend meeting at MDT-BZN to discuss north side approaches. Discussed single approach, dual approaches, wheel path conflicts, split phasing, encroachment permits, shared easements, skewed property line, multiple owners, existing improvements, wetland to north, etc. MDT requested Engineer prepare exhibit based on dual approaches (northbound in/southbound out median approach) that would limit the site disturbance, save trees, allow parking lot to remain although would require shared access easements. MDT states they will send rest of construction plans to Janet and then onto Environmental for review the following day. December 1, 2017 - City provides 100% construction plan review comments. December 1, 2017 - Engineer submits north approach exhibit to MDT and City. December 4, 2017 - MDT requests design vehicle turning movements and states to use a minimum WB-40, but to check with property owners on vehicle needs. MDT states split phasing would result in poorly performing intersection. December 11, 2017 - Engineer submits revised north approach exhibits to MDT with turning movements per MDT’s request. Intersection design does not have split phasing. January 26, 2018 - MDT provides north approach review comments to Engineer. MDT states they could not determine design vehicle, the design was split phased and the design would not be allowed. MDT also stated that the east side approach must be closed and the west approach must function for both properties and be squared up. February 1, 2018 – Engineer submits response to MDT on north approach comment letter stating that the design vehicles are clearly labelled on the exhibits and the design is not split phased as can be seen on the exhibits. Engineer also reiterated that the design was based on previous collaboration with MDT. Engineer resubmitted same north approach exhibits to MDT again. February 9, 2018 – MDT provides review email to Engineer stating the north approach design is not acceptable to MDT and that MDT is preparing a concept design for the intersection and will submit it within 2 weeks. MDT requests meeting to discuss the concept design for March 9th. March 9, 2018 – Meeting with MDT at their offices in Bozeman to review design of north side approaches. April 5, 2018 – Meeting with MDT at their offices in Bozeman to review design of north side approaches. April 11, 2018 – Summary of north side approaches meeting sent to MDT and City of Bozeman staff. May 2, 2018 – MDT confirms their approval to design concept for the north side approaches at the intersection of East Main Street and Highland Boulevard. May 23, 2018 – Engineer re-submits to MDT/City. Resubmittal includes north side approach modifications. 179 June 13, 2018 – City approval of 100% construction plans. (Copy of approval letter submitted to MDT via email on June 14, 2018). July 10, 2018 – MDT provides review comments (only electrical and hydraulics). July 13, 2018 – Fire truck and WB-67 turning movements submitted to MDT for north approaches. July 19, 2018 – MDT provides review comments from Traffic for vehicle turning movements and requested changes for traffic signal phasing and operations. Response provided to MDT regarding concerns with requested traffic signal phasing and operations by Morrison-Maierle. MDT responded to concerns on July 25 stating that no changes would be allowed to their required traffic signal phasing and operations. August 3, 2018 – Engineer revises electrical plans and re-submits to MDT. August 17, 2018 – MDT review comments 2nd round (only electrical). August 21, 2018 – MDT East Main Street approach permit and intersection approval. 180 Section 00300 - Page 5 of 15 6 00300 Add 2.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc EAST MAIN STREET AND HIGHLAND BOULEVARD IMPROVEMENTS BID SHEET The Bid for the following items shall be a unit price or lump sum bid for all construction work described in the Contract Documents. The bid price shall include all temporary or permanent equipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract Documents. SCHEDULE I STREET STORM, SEWER, WAER AND SITE GRADING RELATED BID ITEMS ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 101 Asphalt Concrete Pavement Removal 686 CY 102 Concrete Removal 313 CY 103 Asphalt/ Concrete Saw Cut 500 LF 104 Clearing and Grubbing/Topsoil Removal and Stockpile 125 CY 105 Excavation and Haul-Off 1000 CY 106 Topsoil Distribution 45 CY 107 Crushed Base Course 550 CY 108 Uncrushed Base Course (Pit Run) 429 CY 109 Geotextile Reinforcement 1480 SY 110 Hot Plant Mix Asphalt 976 TON 111 Asphalt Seal Coat 3141 SY 112 Concrete Curb & Gutter 905 LF 113 6-Inch Vertical Curb 16 LF 114 Concrete (6-Inch Depth) 4865 SF 115 Truncated Dome (2' x 5' Panel) 7 EA 116 Seeding 1 LS 117 Remove Storm Drain Manhole 2 EA 118 Remove 12-Inch RCP Storm Drain 11 LF 119 Grout/ Seal Manhole Knock-out 1 EA 120 12-Inch RCP Storm Drain 43 LF 121 Standard Square Storm Drain Inlet 1 EA 122 36-Inch Storm Drain Manhole 2 EA 10% of this item performed on 10-29-18 item has been manufactured & ready for delivery item has been manufactured & ready for delivery item has been manufactured & ready for delivery spring completion 181 Section 00300 - Page 6 of 15 6 00300 Add 2.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 123 60-Inch Storm Drain Manhole (Cut-in) 1 EA 124 Adjust Existing Storm Drain Manhole Rims 6 EA 125 Adjust Water Valve Box 3 EA 126 Remove and Replace Fire Hydrant 1 EA 127 Adjust Sanitary Sewer Manhole 2 EA 128 Adjust Sanitary Sewer Manhole (New Barrel) 1 EA 129 Extend Existing Sewer Service 2 EA 130 Rigid Insulation 0 LF TOTAL UNIT PRICE BID - SCHEDULE I Schedule I Total Bid in Figures: $ _____________________ SCHEDULE II SIGNING & STRIPING RELATED BID ITEMS ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 201 Relocate Stop and Street Signs 6 EA 202 Remove Stop and Street Signs 5 EA 203 Relocate Mailbox 0 EA 204 Signage and Delineator 16 EA 205 Remove Striping (4-Inch Eq. Width) 2430 LF 206 Remove Pavement Marking Symbols 235 SF 207 4-Inch White Epoxy 3.7 GAL 208 8-Inch White Epoxy 1.6 GAL 209 4-Inch Yellow Epoxy and (Striping and Curb) 8.7 GAL 210 8-Inch White Thermoplastic 440 SF 211 24-Inch White Thermoplastic 202 SF 212 24-Inch Yellow Thermoplastic 110 SF 213 Rectangular Rapid Flashing Beacon 1 LS item has been manufactured & ready for delivery mueler hydrant has been ordered per new COB requirements item has been manufactured & ready for delivery 50 % of this item performed on 10-30-18 materials ordered by MTL 182 Section 00300 - Page 7 of 15 6 00300 Add 2.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc TOTAL UNIT PRICE BID - SCHEDULE II Schedule II Total Bid in Figures: $ _______________ SCHEDULE III ELECTRICAL RELATED BID ITEMS ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 301 Type E2 Luminaire Assembly 5 EA 302 Meter Pedestal 1 EA 303 1” Schedule 40PVC Conduit 75 LF 304 2” Schedule 40PVC Conduit 360 LF 305 2” Schedule 80PVC Conduit 100 LF 306 3” Schedule 40PVC Conduit 115 LF 307 3” Schedule 80PVC Conduit 65 LF 308 #10 THHN Copper Wire 22 CLF 309 Pull Box 5 EA TOTAL UNIT PRICE BID - SCHEDULE III Schedule III Total Bid in Figures: $ ____________________ SCHEDULE IV TRAFFIC SIGNAL RELATED BID ITEMS ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 401 Foundation – Concrete 29 CY 402 Conduit – Plastic 2” 260 LF 403 Conduit – Plastic 2 ½” 550 LF 404 Conduit – Plastic 3” 37 LF 405 Pull Box – Composite Type 2 4 EA 406 Pull Box – Composite Type 3 2 EA MTL has received rebar awaiting COB and MDT approval will order once approved. 183 Section 00300 - Page 8 of 15 6 00300 Add 2.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 407 Cable – Copper 3 AWG 14-600V 92 LF 408 Cable – Copper 9 AWG 14-600V 515 LF 409 Cable – Copper 12 AWG 14-600V 923 LF 410 Cable- Coaxial 50 ohm 3/8 Inch 92 LF 411 Conductor – Copper AWG6-600V 117 LF 412 Conductor – Copper AWG8-600V 1166 LF 413 Conductor – Copper AWG10-600V 664 LF 414 High Efficacy Luminaire LED 3 EA 415 Serv Assemb – 60 AMP 1 EA 416 Photo Electric Control 1 EA 417 Sig – Traf 3 Col-1 Way 12-12-12 14 EA 418 Sig – Traf 5 Col-1 Way 12-12-12 1 EA 419 Sig – Pedestrian Type 2 4 EA 420 Contlr/Traf – Actuat Type 8-A 1 EA 421 Sig Standard Type 1-100 2 EA 422 Sig Standard Type 2-A-900-0 1 EA 423 Sig Standard Type 3-A-900-6 1 EA 424 Sig Standard Type 3-A-900-0 2 EA 425 Detector – Radar/Presence 4 EA 426 Remove And Salvage Misc Electrical 1 LS 427 Remove and Reset Controller 1 EA 428 Push Button/Pedestrian – Tactile 4 EA 429 Yagi Antenna – Type D 1 EA 430 Emer Pre-Empt Det Head 2 EA TOTAL UNIT PRICE BID - SCHEDULE IV Schedule IV Total Bid in Figures: $ All materials ordered by MTL for springinstall and on hand. MTL will invoice for these items soon. 184 Section 00300 - Page 9 of 15 6 00300 Add 2.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc SCHEDULE V MISCELLANEOUS BID ITEMS ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL EST. PRICE 501 Alternate – Mainline Crew Exploratory 5 HR 502 Alternate – Small Crew Exploratory 10 HR 503 Landscape Rehabilitation 1 LS 504 Traffic Control 1 LS 505 Erosion Control 1 LS 506 Mobilization/Demobilization 1 LS 507 Taxes, Bonds, Insurance 1 LS TOTAL UNIT PRICE BID - SCHEDULE V Schedule V Total Bid in Figures: $ BID SHEET SUMMARY OF SCHEDULES SUMMARY OF SCHEDULES Total Schedule I $ Total Schedule II $ Total Schedule III $ Total Schedule IV $ Total Schedule V $ Total all Schedules $ 10% for this fall partial mobilization will be billed Bonds have been issued. 185 186 187 188 189 190 191 192 193 194 195 Page 1 of 3 ACKNOWLEDGMENT OF AUTHORITY AND RESTRICTIONS FOR CONCURRENT CONSTRUCTION THIS ACKNOWLEDGMENT OF AUTHORITY AND RESTRICTIONS FOR CONCURRENT CONSTRUCTION (“Acknowledgment”) is made this 9th day of June, 2017, by East Main Investments, LLC hereinafter referred to as “Developer.” WHEREAS, the Developer desires to complete certain offsite public transportation system improvements to benefit its development project Site Plan Development Application 16- 531 Blackmore Marketplace Building (the “Development”) within the City of Bozeman and also desires to have the City of Bozeman (the “City”) authorize the Developer to begin construction of buildings and other facilities on and within the Development concurrently with construction of certain required off-site transportation facilities; and WHEREAS, the Developer, fully aware of its public infrastructure obligations for the Development as listed in the City’s approval of the Development including all applicable provisions of the Bozeman Municipal Code, desires to voluntarily and with full knowledge of the risks and implications of such action acknowledge that neither it or any of its lessees, tenants, licensees, or permittees may occupy for any purpose other than construction any building on the Development unless and until all off-site transportation facility improvements listed herein are installed and approved and accepted by the City; and WHEREAS, the City has agreed to accommodate the request of the Developer to construct certain off-site transportation facility improvements concurrently with the construction of buildings on the Development under certain conditions. NOW THEREFORE, the Developer voluntarily and with full knowledge of the implications of such does hereby acknowledge: 1. Incorporation: The foregoing recitals of this Agreement are incorporated herein by reference. 196 Page 2 of 3 2. Authority: The City does have the lawful authority to prohibit or deny occupancy of any building on the Development unless and until all off-site transportation facility improvements listed herein are installed and approved and accepted by the City. 3. Infrastructure Required to be Completed and Accepted Prior to Occupancy: The following off-site transportation related infrastructure must be installed by the Developer and approved and accepted by the City prior to issuance of an occupancy permit on the Development as such occupancy permits may be required pursuant to the Bozeman Municipal Code including but not limited to Chapter 38 (Unified Development Code) or Chapter 10 (Building Codes): a. Highland Boulevard and East Main Intersection Improvements 4. Provisions Applicable and Binding on Lessees and Others: The restrictions regarding occupancy and other provisions contained herein are applicable to and binding on the Developer’s lessees, sub-lessees, agents, permittees, licensees, assigns, and successors in interest. 5. Final Plans and Specifications Required: Prior to commencing construction of any off- site public infrastructure, including but not limited to transportation facilities listed above, the Developer must provide the City’s Engineering Division with completed plans and specifications for the construction of said infrastructure. The City’s Engineering Division is authorized to prohibit or prevent commencement of construction of said improvements until such plans and specifications have been approved by the City. 6. Waiver: On behalf of itself and any lessee, sub-lessee, agent, permittee, licensee, assigns, or successor in interest Developer waives its right to bring any claim of whatever nature against the City, its officers, its employees, or agents, for the City’s enforcement of the restrictions on occupancy. 7. Acknowledgment as Evidence: The restrictions on occupancy and the provisions contained herein may be relied upon as evidence by the City in any action by the Developer or any other party against the City should the City deny occupancy of any building on the Development due to the City’s non-acceptance of the improvements listed herein. 8. Authority: the undersigned represents it is duly authorized and empowered to execute this Acknowledgment by the owner of the Development and all steps necessary to gain such lawful authority have been taken. 197 Page 3 of 3 I, the undersigned, for myself and the entity I represent, have read and understand and agree to all restrictions and all other provisions contained herein. Dated this ____ day of _______________, 2017 EAST MAIN INVESTMENTS, LLC _________________________________________ By: Don Cape, Managing Member 9th June 198 CONSTRUCTION COST SHARING AGREEMENT East Main Street and Highland Boulevard Intersection THIS CONSTRUCTION COST SHARE AGREEMENT (“Agreement”) is made as of March 6, 2017 (“Effective Date”), by and between East Main Holdings, LLC, a Montana limited liability company (“EMH”) and East Main Investments, a Montana limited liability company (“EMI”). RECITALS The following recitals area substantive portion of this agreement A) EMI intends to construct a project known as the East Main and Highland Intersection which includes the construction of improvements at the intersection; and B) The project involves onsite infrastructure and off-site infrastructure. The offsite infrastructure is directly related to the intersection improvements and onsite infrastructure directly related to improvements in conjunction with the EMI project. Only the offsite infrastructure will be a cost share between EMH and EMI C) The offsite infrastructure involves widening the intersection on Highland Boulevard, traffic control reconfiguration, and striping of East Main Street and Highland Boulevard. D) It is estimated the costs of construction for Phase 1 are $241,781. The City of Bozeman has agreed to $120,000 of the costs. EMI would be responsible for the remaining estimated costs of $121,781. The $121,781 would be costs shared between EMH and EMI. AGREEMENT 1) EMI Obligations A) EMI shall manage the design, engineering, and construction of the East Main and Highland Intersection project. EMI shall construct the project in accordance with the plans reviewed and accepted by the City of Bozeman. B) EMI shall keep EMH apprised of the progress and any changes in the plans from what is attached as “Exhibit A” 2) Estimated costs; Bid review; and award of contract A) The estimated costs of the project is $241,781 as outlined in the preliminary estimate in “Exhibit B”. 199 B) EMI shall put the project out to bid and choose the apparent low bidder qualified to perform the work. C) Prior to the award of the project EMI shall supply EMH the plans and bid information to approve. D) Prior to EMI accepting or signing any change orders they shall get approval from EMH. 3) EMH Payment of Actual Costs EMH shall reimburse EMI for 50% of the actual costs of design, permitting and construction on the East Main and Highland Intersection project. “Actual Costs” shall mean the dollar amount actually paid by EMI to its contractor, engineer and other direct consultants in connection with the construction of Phase 1 of the East Main and Highland Intersection project. This shall include change orders on the project. A) Within thirty days of receiving an invoice from EMI, EMH shall deliver payment of actual costs to EMI. B) If EMH disputes the amount of the actual costs of any item, EMH shall provide a written notice of the dispute within fourteen days of receipt of EMI statement. C) If EMH provides the timely written notice of dispute and EMH pays the disputed amount in a timely manner there will be no late fees of penalties on the disputed amount of actual costs. 4) Records EMI shall maintain all accounting records related to this agreement in accordance with generally accepted accounting principal and state law. EMI accounting records shall include at a minimum all documents to support the costs and expenses related to the work to be completed under this agreement, including personnel, contractors, invoices, and payments. Each party’s accounting records shall be made available to the other party in a reasonable time after request. 5) Resolution of Disputes In the event disputes should arise under this agreement, that parties agree to the following procedures. A) First Level – At least one individual for each party will meet, in person, and attempt to resolve the dispute. If a third party is involved in the dispute the parties, in good faith, will attempt to have a representative from the third party at the meeting. 200 B) Mediation – If meeting(s) at first level do not resolve dispute, the parties agree to mediate the matter with a mutually selected mediators, with the mediators fees split equally between parties. C) Remedies under law – If neither meetings or mediation results in a resolution of dispute, the parties will have the right to exercise any of it remedies available under law. 6) General Provisions All notices and other communication under this agreement shall be in writing and shall be deemed delivered on the date of delivery, if delivered in person, if delivered by mail, or if delivered by email at the address or email listed below. If to EMI: Don Cape 1184 North 15th Street, Suite 4 Bozeman, MT 59715 p: 406.624.0382 dcape@jwtcompanies.com If to EMH: Mark Esponda 3424 US Hwy 12 E Helena, MT 59601 p: 406.459.3176 mesponda@daconstruction.com IN WITNESS WHEREOF, this agreement has been executed and is effective as of the date first written above: By ___________________________________________ Don Cape, Member East Main Investments, LLC By _____________________________________________ Mark Esponda, Member East Main Holdings, LLC 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Property Owners Adjacent to proposal site and across watercourses, roads*, etc. Within 200 feet of proposal site. Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from Montana Dept. of Revenue 1 Lot 4, Block 1,of Amended Plat of the Elks Club PropertySubdivision,PlatH-29-E, O-S Leasing Partners, LLC 203 Haggerty Lane Bozeman, MT 59715 2 Lot 3, Block 1 of Amended Plat of the Elks Club Property Subdivision, Plat 29-E Victor B. Tate, II Irrevocable Lifetime Qtip thu Wayne Neil Trestee 4446 Bannock Dr. Bozeman, MT 59715-9303 3 MINOR SUB 016, S08, T02 S, R06 E, Lot 2 - 3, ACRES 0.62, REARR ELKS CLUB PROP Hibiscus Limited Liability Company 489 Brass Lantern CT Bozeman, MT 59715-8480 4 ELKS CLUB PROP REARR, S08, T02 S, R06 E, ACRES 1.599, TRACT 4B, PLAT H-29-A Skeeter, LLC PO Box 6429 Bozeman, MTG 59771-6429 5 ELKS CLUB PROP REARR, S08, T02 S, R06 E, ACRES 0.934, TRACT 4A, PLAT H-29-A PD Investments, LLC 300 Highland Blvd Bozeman, MT 59715-3885 6 MARWYN ADD, S08, T02 S, R06 E, BLOCK C, Lot 6, PLUS VACATED ST City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 7 MARWYN ADD, S08, T02 S, R06 E, BLOCK C, Lot 5A-1, AMND PLAT F-12-A Patrick F. Ohanlon & Brandy N. Sutton 305 Highland Blvd Bozeman, MT 59715-3883 8 MARWYN ADD, S08, T02 S, R06 E, BLOCK C, Lot 4B, PLAT E-32-B Stanley J. & Janine L. Holmquist 1220 E. Curtiss St. Bozeman, MT 59715-3864 9 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 7A, PLAT E-32-A Lauren E. Cerretti & Jonathan R. Wareham 1221 E Curtiss St. Bozeman, MT 59715-3863 10 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 8 James J. & Sherrill Doleziek 125 Highland Blvd Bozeman, MT 59715-3880 *If road is a state highway, also include Montana Department of Transportation in property owner list.Page _ 1 _ of 2 _ (If additional pages of this form are needed, download the file entitled "Adjoiner List".) Cape - East Main St. / Highland Blvd 220 Property Owners Adjacent to proposal site and across watercourses, roads*, etc. Within 200 feet of proposal site. Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from Montana Dept. of Revenue 11 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 9 Robert P. Janke & Debra Hansman 121 HIGHLAND BLVD BOZEMAN, MT 59715-3880 12 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 10 MKBTJ, LLC 814 S. TRACY AVE BOZEMAN, MT 59715-5326 13 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 11 CALLIECO, LLC 109 HIGHLAND BLVD BOZEMAN, MT 59715-3880 14 MARWYN ADD, S08, T02 S, R06 E, BLOCK B, Lot 11 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, BLOCK 24, PT LOTS 17 & 18 PLUS N 30' VAC BAB & 30' ADJ SWITZLER S OF RW CHS INC PROPERTY TAX DEPT PO BOX 64089 SAINT PAUL, MN 55164-0089 15 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, PT LOTS 11-18 BLK 24 PT OF VAC SWITZLER AVE N OF HW E OF BLK 24 & PT LOTS 1 & 22 BLK 25 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, BLOCK 25, TRACT B PLAT C-23-B CENTRAL HOLDINGS LLC PO BOX 1201 BOZEMAN, MT 59771-1201 16 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, BLOCK 25, PT LOTS 2-4 & LOTS 19-21 PLUS VAC ALLEY COS 610 REGION IV FAMILY OUTREACH INC 1236 HELENA AVE HELENA, MT 59601*2948 17 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, BLOCK 25, PT LOTS 4 & 5 & 15-19 PLUS VAC ST & ALLEY KC PROPERTIES LLC 1325 E MAIN ST BOZEMAN, MT 59715 18 NORTHERN PACIFIC ADD, S08, T02 S, R06 E, PT OF BLK 17 & 25 & PT OF BLK 5 GRANITE ADDN & PT SE4NW4 PLAT C-23-G WILD PROPERTIES LLC 1325 BOZEMAN TRAIL RD BOZEMAN, MT 59715-6677 19 S08, T02 S, R06 E, ACRES 42.835, TR IN W2 BEING PT OF GRANITE ADD BOZ STATE OF MONTANA DEPT OF TRANSPORTATION 2701 PROSPECT AVE HELENA, MT 59601-9746 *If road is a state highway, also include Montana Department of Transportation in property owner list.Page _ 2 _ of 2 _ (If additional pages of this form are needed, download the file entitled "Adjoiner List".) Cape - East Main St. / Highland Blvd 221 11886(TOTAL GROSS BUILDING SQ. FT. = 41,770) SECOND FLOOR: (6,476 SQ. FT. GROSS) GROUND FLOOR: (10,427 SQ. FT. GROSS) BLACKMORE HAGGERTY BUILDING (2 STORY) 6,053 SQ. FT. RESTAURANT 2,508 SQ. FT. RETAIL MEZZANINE FLOOR: (3,096 SQ. FT. GROSS) 316 SQ. FT. OUTDOOR PATIO GROUND FLOOR: (23,354 SQ. FT. GROSS) 6 9 9 887 8DRIVEWAY RAMP10 LOADING (TOTAL GROSS BUILDING SQ. FT. = 15,395) 1,881 SQ. FT. RETAIL 6,714 SQ. FT. OFFICE EXIST. J&H OFFICE BUILDING BLACKMORE MARKETPLACE BUILDING (2 STORY) 3,824 SQ. FT. WAREHOUSE18,341 SQ. FT. GROCERY 487.64'N00°21'03"EHAGGERTY LANED=32°50'19" R=276.56' L=158.51' CB=S16°49'30"W CL=156.35' 3 RETAINING W A L L RETAINING W A L L 7 GEN. LOADING 7 6 4 8 9 116 EAST M A I N S T R E E T HIGHLAND BLVD.5 8 5 6 4 4 (TOTAL GROSS BUILDING SQ. FT. = 16,903) 3,059 SQ. FT. OFFICE (1) 2,585 SQ. FT. OFFICE (2) 999 SQ. FT. DINING AREA SECOND FLOOR: (15,320 SQ. FT. GROSS) 14,456 SQ. FT. OFFICE (1) PLI B-2 B-2 B-2B-2 R-1 B-2 PAD #2 1340 E. MAIN DOOR S >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>S S>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>S  66°   5 4 '   4 0 "   E 241.12'N  33°  02'  09"  E97.96'23°  03'  02"221.96'NEN  90°  00'  00"  E 234.03' (TOTAL GROSS BUILDING SQ. FT. = 35,552) THIRD FLOOR: 6 RESIDENTIAL UNITS SECOND FLOOR: 6 RESIDENTIAL UNITS GROUND FLOOR: (13,240 SQ. FT. GROSS) BLACKMORE HIGHLAND BUILDING (2 STORY) 10,930 SQ. FT. RETAIL PAD #3 1332 E. MAIN (33 UNDERGROUND PARKING SPACES)67.02'N  0°  24'  21"  ES  66°   5 4 '   4 0 "   E 203.70' 50.73' S  64 °   4 2 '   3 4 "   E N  0°  24'  21"  E209.03'S  73°  03 '   5 5 "   E 211.40'242.44'S  00°  02'  41"  EN  78°  55'  5 2 "   W 286.90' N  78°  55'  5 2 "   W 82.92'S  55°  34'  01"  W 195.10'N  88°  44'  54"  E 24.85' 3 5 . 0 5 ' S   3 0 °   1 0 '   5 7 "   E S  8°  43'  16"  W100.61'PHASE 3 D=25°34'39" R=372.10' L=166.11 CB=S4°04'04"E CL=164.73'COMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACT30'-0"SEWEREASEMENT25'-0" SETBACK PHASE 1 PHAS E 2 PHAS E 1 PHAS E 2 S T A G I N G A R E A PHASE 1 & 3 STAGING AREA PHASE 1PHASE 2PHASE 3PHASE 125'-0" SETBACK 1 0 ' - 0 " S E T B A C K 10'-0"SETBACKPHASE 3PHAS E 3 PHAS E 2 PHASE 2TRASH ENCLOSURE (4), SEE DTL. 2/A101 COVERED BIKE RACK, SEE DTL. 1/A101 COVERED BIKE RACK, SEE DTL. 1/A104 (LOCATION TBD) COVERED BIKE RACK, SEE DTL. 1/A104 (LOCATION TBD) TRASH ENCLOSURE (3), SEE DTL. 4/A101 TRASH ENCLOSURE (2), SEE DTL. 3/A101 COURTYARD TREE GRATE, SEE DTL. 5/A101 COURTYARD BENCH, SEE DTL. 1&2/A102 HANDRAIL DETAIL, SEE DTL. 6/A101 COMPACT CAR PARKING SIGN, (TYP. OF 2) SEE DTL. 2/A103 TYP. COMPACT PARKING STALL, (TYP. OF 10) SEE DTL. 1/A103 HDC PARKING STALL, SEE DTL. 3/A102 HDC PARKING STALL, SEE DTL. 4/A102 HDC PARKING SIGN, SEE DTL. 4/A103 HANDRAIL DETAIL, SEE DTL. 6/A101 HDC PARKING SIGN, SEE DTL. 4/A103 PERMEABLE PAVERS @ COURTYARD, SEE DTL. 7/A103 STREAMLINE BUS SHELTER PER C.O.B. STANDARDS HDC PARKING SIGN, SEE DTL. 4/A103 HANDRAIL DETAIL, SEE DTL. 6/A101 RAMP RAMP RAMP RETAINING WALL, SEE DTL. 6/A103 HDC PARKING STALL, SEE DTL. 5/A102 CONCRETE OR ASPHALT PATHWAY CONCRETE OR ASPHALT PATHWAY PARKING LOT LIGHT POLE BASE DETAIL, SEE DTL. 2/ES101 PARKING LOT LIGHT POLE BASE DETAIL, SEE DTL. 2/ES101 BUILDING MOUNTED LIGHT FIXTURES, TYP. 3,215 SQ. FT. WAREHOUSE PAD #1 1324 E. MAIN ADDRESS: 203 HAGGERTY LANE CONTRACTOR'S JOB SITE TRAILER JOB SITE DEBRIS DUMPSTER CROSSWALK WITH FLASHING PEDESTRIAN SIGNALS HANDICAP RAMP 12'-0"U.E.12'-0" U.E. NEW METER CABINET NEW POWER TRANSFORMER 12'-0" U.E. VISION TRIANGLE VISION TRIANGLE VISION TRIANGLE VISION TRIANGLE VISION TRIANGLE VISION TRIANGLE 5 COMPACT6COMPACTBUS STOPCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACT1' = 30'-0" MASTER SITE PLAN1 A100 JOB NO: CHECKED: DRAWN: 1-4-2017 GAM 15-004 A100REVISION SCHEDULENO:DESCRIPTION:DATE:BY:SITE PLAN Copyright  ©  2017  Springer  Group  Architects,  P.C. STATUS:PRELIMINARY RSS 203 HAGGERTY LANE, BOZEMAN MONTANABLACKMORE BEND1324, 1332, 1340 E. MAIN STREET,OFFICE 300 6.6 232.6 235TOTAL PROVIDED TOTAL AREA 5.327 ACRES 232,026 S.F. FLOOR OCCUPANCY BLACKMORE MARKETPLACE BUILDING 3,824 316 18,341 3,250 269 15,590 1000 100 300 3.3 2.7 52.0 50 17.0DINING999849 OUTDOOR PATIO RETAIL WAREHOUSE MEZZANINE GROSS AREA FLOOR AREA FIRST FLR. OCCUPANCY FACTOR OCCUPANCY (GROSS) SHARED PARKING / COVERED BIKE RACK REDUCTION % 250 49.2OFFICE (1)14,456 12,288SECOND FLR. .80 (20%) .90 (10%) .70 (30%) .70 (30%) .90 (10%) REQUIRED 2.9 1.9 41.6 11.9 44.2 FLOOR OCCUPANCY EXIST. J&H OFFICE BUILDING 1,881 3,215 6,714 300 1000 250 6.3 3.2 26.9 WAREHOUSE RETAIL GROSS AREA FLOOR AREA OCCUPANCY FACTOR OCCUPANCY (GROSS) .90 (10%) .80 (20%) .90 (10%) REQUIRED 5.0 2.9 24.2 FLOOR OCCUPANCY BLACKMORE HIGHLAND BUILDING 10,930 9,291 300 31.0RETAIL FLOOR AREAGROSS AREA OCCUPANCYFACTOR FIRST FLR. OCCUPANCY(GROSS) 12.0RESIDENTIAL (6 UNITS)SECOND FLR. .80 (20%) .50 (50%) REQUIRED 24.8 TOTAL 6.0 TOTAL 102.5 32.1 12.0THIRD FLR.RESIDENTIAL (6 UNITS)6.0.50 (50%) 87.1 FLOOR OCCUPANCY BLACKMORE HAGGERTY BUILDING 4,000 2,340 3,400 1,989 50 68.0DINING/SERVING RETAIL GROSS AREA FLOOR AREA FIRST FLR. OCCUPANCY FACTOR OCCUPANCY (GROSS) .80 (20%) .70 (30%) REQUIRED 47.6 5.3 TOTAL 36.8 2,053 (8 EMPLOYEES)8.0KITCHEN .00 (00%)8.0 1,192 1,013 100 10.1OUTDOOR PATIO .70 (30%)7.1 SECOND FLR. .90 (10%) OFFICE (1) 3,059 2,600 250 10.4 .90 (10%)9.4 TOTAL BLACKMORE BEND PARKING CALCULATIONS TOTAL ALL BUILDINGS 258.4 TRANSIT AVAILIBILTY REDUCTIONS @ 10%(25.8) TOTAL REQUIRED DESCRIPTION SITE INFORMATION 59,425 76,418 232,026 25.6% 32.9% 100% AREA % OF TOTAL 96,183 41.5% TOTAL AREA OF LANDSCAPING TOTAL FOOTPRINT OF BUILDINGS TOTAL AREA OF DRIVE & PARKING TOTAL LOT AREA DESCRIPTION AREA 3,096 14,456 23,354BLACKMORE MARKETPLACE FLOOR FIRST MEZZANINE SECOND TOTAL 40,906 12,404J&H OFFICE BUILDING BUSINESS 2,991WAREHOUSE TOTAL 15,395 13,240HIGHLAND BUILDING FIRST SECOND THIRD TOTAL 11,083 11,083 35,873 HAGGERTY BUILDING 10,427FIRST SECOND 5,768 TOTAL 13,938 106,113 TRACT 1 (H-29), TRACT 5C & 5D (H-29-D), TRACT 5 REMAINDER (H-29) PART OF THE REARRANGEMENT OF ELKS CLUB PROPERTY SUBDIVISION LOCATED IN THE SOUTHWEST 1/4 SECTION 8, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LEGAL DESCRIPTION EAST MAIN INVESTMENTS, LLC 1184 N 15TH AVE, SUITE 4 BOZEMAN, MT 59715 OWNER/DEVELOPER OFFICE (2) 2,585 2,197 250 8.8 7.9 FLOOR AREA OF BUILDINGS F.A.R. = BUILDING AREA / LOT AREA TOTAL LOT AREA = 232,026 TOTAL FLOOR AREA OF BUILDINGS FLOOR AREA RATIO (F.A.R.) FOOTPRINT OF BLACKMORE MARKETPLACE = 23,354 FOOTPRINT OF J&H OFFICE BUILDING =10,348 TOTAL BUILDING AREA = 57,369 F.A.R. = 57,369 / 232,026 =.247 FOOTPRINT OF BLACKMORE HAGGERTY BUILDING = 10,427 FOOTPRINT OF BLACKMORE HIGLAND BUILDING = 13,240 SHARED PARKING / COVERED BIKE RACK REDUCTION % SHARED PARKING / COVERED BIKE RACK REDUCTION % SHARED PARKING / COVERED BIKE RACK REDUCTION % O-S LEASING PARTNERS, LLP 203 HAGGERTY LN. BOZEMAN, MT 59715-9235 PHONE: 406-595-1250 EMAIL: ric@jhoe.com STORAGE 2,356 2,003 1000 2.0 .90 (10%)1.8 222 LEGEND PROPOSED ASPHALT IMPROVEMENTS PROPOSED CONCRETE IMPROVEMENTS BP BP BP BP BP BP SD SD SD BP BP BP BP BPBP BP BP BP BP BP BP BP BP BP BP BPBPBT BT BT BT BT BT BT BT BT BT NG NG NG NG NG NG NG NG NG NG NG NG NG OHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP BFBFBFBFBFBFBFBFBFBFSSSSSSSSSSSSSSSSSSSSSSWWWWWWWBPBPSDSDBP BP BP BP BP BP BP BP BP W W W W W W W W W W W BT BT BT BT BT BT BT BT BT BT BT BT BT BTWWNGNGNGNGNGNGNGNGOHPOHPOHP OHP OHP SDSDSS SS SSSSSSSSSDSDSDSDSDSDSDSSSSSSSSSDSDSDSDSD W SSSSSSSSSSWWWW W W WWWBTBTBTNGBPSDSDWWWWWWWWWWW WWWGV WV DYH WVWV WV WV WV WV WV SS SS SS UTILUTILUTIL UTIL UTIL 2 2 2 3 PPB PPB PPB HYD PPB PPB 2 PPB UTILUTIL2 UP UP UP DN UP DNE2 E2E2E2E2MPBPBPBPBPBVERIFY SCALE! THESE PRINTS MAY BE REDUCED.LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2018COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\2605\027\ACAD\EXHIBITS\OVERALL IMPROVEMENTS EXHIBIT.DWG PLOTTED BY:COOPER KRAUSE ON Oct/24/2018 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle EAST MAIN STREET AND HIGHLAND BOULEVARD IMPROVEMENTS 2605.027 BOZEMAN MT GRAPHICAL PROJECT SCOPE OVERALL EX-1 CPK KDJ MEE 10/2018 #### #### #### #### MAI N S T E. CURTISS ST. BLACKMO R E B E N D HEEB'S SCALE IN 050 50 10025 FEETHAGGERTY LANEHIGHLAND BLVD223 LEGEND PROPOSED ASPHALT IMPROVEMENTS PROPOSED CONCRETE IMPROVEMENTS BP BP BP BP BP BP SD SD SD BP BP BP BP BPBP BP BP BP BP BP BP BP BP BP BP BPBPBT BT BT BT BT BT BT BT BT BT NG NG NG NG NG NG NG NG NG NG NG NG NG OHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP BFBFBFBFBFBFBFBFBFBFSSSSSSSSSSSSSSSSSSSSSSWWWWWWWBPBPSDSDBP BP BP BP BP BP BP BP BP W W W W W W W W W W W BT BT BT BT BT BT BT BT BT BT BT BT BT BTWWNGNGNGNGNGNGNGNGOHPOHPOHP OHP OHP SDSDSS SS SSSSSSSSSDSDSDSDSDSDSDSSSSSSSSSDSDSDSDSD W SSSSSSSSSSWWWW W W WWWBTBTBTNGBPSDSDWWWWWWWWWWW WWWGV WV DYH WVWV WV WV WV WV WV SS SS SS UTILUTILUTIL UTIL UTIL 2 2 2 3 PPB PPB PPB HYD PPB PPB 2 PPB UTILUTIL2 UP UP UP DN UP DNE2 E2E2E2E2MPBPBPBPBPBVERIFY SCALE! THESE PRINTS MAY BE REDUCED.LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2018COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\2605\027\ACAD\EXHIBITS\OVERALL IMPROVEMENTS EXHIBIT.DWG PLOTTED BY:COOPER KRAUSE ON Oct/24/2018 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle EAST MAIN STREET AND HIGHLAND BOULEVARD IMPROVEMENTS 2605.027 BOZEMAN MT GRAPHICAL PROJECT SCOPE FALL 2018 IMPROVEMENTS EX-2 CPK KDJ MEE 10/2018 #### #### #### #### MAI N S T E. CURTISS ST. BLACKMO R E B E N D HEEB'S SCALE IN 050 50 10025 FEETHAGGERTY LANEHIGHLAND BLVDIMPROVEMENTS PLANNED FOR 2018 MEDIAN AND STRIPING DEMO AND NEW STRIPING TO MATCH NEW APPROACH NWE OVERHEAD POLE RELOCATES TEMPORARY RESTRICTED MOVEMENT APPROACH 224 ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// ////////////////////////////////////SNOWSCALE IN01010205FEETVERIFY SCALE!THESE PRINTS MAY BE REDUCED.LINE BELOW MEASURES ONE INCHON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!2018COPYRIGHT © MORRISON-MAIERLE, INC.,SHEET NUMBERPROJECT NUMBERDRAWING NUMBERDATEDESCRIPTIONNO.BYN:\2605\027\ACAD\CIVIL\2605027_TEMP-TURNING-MOVEMENTS.DWG PLOTTED BY:THOMAS EASTWOOD ON Oct/26/2018REVISIONSDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netengineers surveyors planners scientistsMorrisonMaierleBLACKMORE BEND2605.027BOZEMANMONTANAHIGHLAND BOULEVARD APPROACHTEMPORARY RIGHT-IN, RIGHT-OUT TREATMENT CONCEPT-EX-HBATEETEEKDJ09/2018--------1CUSTER AVENUE APPROACH REVISIONS08/16/2018TEE4DELINEATOR ADDITION ON HIGHLAND BOULEVARD10/26/2018TEE3CUSTER AVENUE APPROACH REVISIONS09/11/2018TEE2CUSTER AVENUE APPROACH REVISIONS08/22/2018TEEHIGHLAND BOULEVARD 11x17 HORIZONTAL SCALE: 1" = 20'PUMPER FIRE TRUCKDESIGN VEHICLEPATH OFVEHICLEBODY (TYP)PUMPERFIRE TRUCKWHEELPATH(TYP)HIGHLAND BOULEVARD PUMPER FIRE TRUCKWHEELPATH (TYP)PATH OFVEHICLEBODY (TYP)PUMPER FIRE TRUCKDESIGN VEHICLESCALE: 1" = 10'NORTHBOUND RIGHT TURN IN MOVEMENT11x17 SCALE: 1" = 20'SCALE: 1" = 10'WESTBOUND RIGHT TURN OUT MOVEMENT11x17 SCALE: 1" = 20'INSTALLTEMPORARYR5-1 (30"x30")INSTALLTEMPORARYR4-7c (18"x30")INSTALL ±42 LF OF TEMPORARYCONCRETE PIN-DOWN CURBOR RECYCLED RUBBER CURB(RUBBERFORM OR APPROVED EQUAL)INSTALLTEMPORARYR3-2 (24"x24")TEMPORARYBACKFILL WITHCRUSHED BASECOURSEINSTALLTEMPORARYR3-2 (24"x24")INSTALL ±82 LF OFTEMPORARY YELLOWCENTERLINEDELINEATORS - PEXCODAVIDSON FG 300INTERSTATE GRADECURB SYSTEMINSTALLTEMPORARYWHITE, FLEXIBLESURFACE MOUNTDELINEATORINSTALLTEMPORARYWHITE, FLEXIBLESURFACE MOUNTDELINEATORINSTALL TEMPORARYYELLOW, FLEXIBLESURFACE MOUNTDELINEATORINSTALLTEMPORARYR3-5R (30"x36")225 226 227 228 229 230 231 232 233 234 235 236 237 238 239