HomeMy WebLinkAbout19- Conditions of Approval - 2505 Catron Street - Costco Warehouse Expansion Planned Unit Development Inter-office original to: 2638460 __.
City of Bozeman
City Clerk's Office Page: 1 of 7 02/22/2019 11:02:17 AM Fee $49.00 �T1T
PO Box 1230 Eric Semerad - Gallatin County, MT MISC
Bozeman MT 59771 I IIIIIII IIIIII III IIII IIIIIII IIIIII III IIII IIIII IIIII IIIII IIIIIII III I III IIIII IIIII IIII IIII
CONDITIONS OF APPROVAL FOR THE COSTCO WAREHOUSE EXPANSION
PLANNED UNIT DEVELOPMENT APPLICATION 17412&17413
COSTCO WAREHOUSE EXPANSION PLANNED UNIT DEVELOPMENT FOR
PROPERTY LOCATED AT 2505 CATRON STREET,BOZEMAN,MONTANA
WHEREAS, the undersigned property owners acknowledges the receipt of a planned
unit development to allow a building,parking, and site improvements. The scope includes one l
phase of construction to add 24,000 square feet plus/minus of retail floor area, building fagade
modifications, modifications to the existing parking areas, adding additional parking capacity,
pedestrian and vehicular circulation modifications, and infrastructure generally located at the
northwest corner of Catron Street and Max Avenue, City of Bozeman,Montana; and
WHEREAS,the use is to be located on property that is legally described as Lot 1 Minor
Subdivision No. 210, Bozeman,Montana, and Tract E-1 Certificate of Survey 1827, located in
the Northeast '/4 of 535, TO S,R05 E,P.M.M., Gallatin County,Montana; and
WHEREAS, the Planned Unit Development(PUD) is contained within the City of
Bozeman Department of Community Development's applications 17412 and 17413; and
WHEREAS,the use is to be located on property that is legally zoned as B-2, Community
Business District; and
WHEREAS, the Planned Unit Development was granted relaxations from the zoning
requirements of the Unified Development Code and the requirements of the Bozeman Municipal
Code; and
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WHEREAS, the Planned Unit Development is subject to the following 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 shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
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CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
3. Prior to Site Plan approval, the Costco Annexation, Application No. 17067, must be fully
executed by the City.
4. Prior to final occupancy, the shared use path along East Valley Center Road must be
constructed of permeable pavers to provide a surface equivalent to a sidewalk as the path
is replacing sidewalk that is otherwise required adjacent to East Valley Center Road.
Alternatively, the applicant may construct the surface as a concrete path, but a concrete
path is not allowed in the Zone 2 watercourse setback in the proposed location. If
constructed as a concrete path, it must be located outside the Zone 2 watercourse setback
per BMC 38.23.100.A.2.
5. Preliminary Site Plan has the incorrect scale on the first page (sheet DD 11-09). In
addition, it appears all sheet were printed slightly off scale. Staff is unable to confirm
accuracy of the proposed plan set. Please correct.
6. Section 38.25.010.A.a. Parking. Parking is calculated at 85 percent of the gross floor
area. The parking demand provided in the submittal uses the total gross floor area. The
plans are under stating the parking relaxation requested. Revise the calculations and
update the PUD performance analysis to reflect the increased relation request.
7. Revised analysis showing compliance with required PUD performance was omitted with
the revised plans.
8. Clarify water source for all irrigation. If an exempt well is proposed and allowed, all
irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City prior to final plan
approval. All wells shall include a meter or other device to determine consumption.
9. Per section 39.19.120 with final plan submittal,written verification that complete and
accurate utility easements for proposed private and public utilities have been recorded for
all phases of the development.
10. Prior to final plan approval, a description of proposed watering methods including any
use of high efficiency irrigation technologies and best practice, source of irrigation water
and estimated amount of water consumption broken down by vegetation type (e.g. turf,
shrubs, trees) and total estimated water consumption.
11. If not already filed with the annexation, the applicant shall provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID's) for.the following:.
a. Street improvements to Catamount Street including paving, curb/gutter, sidewalk,
lighting, and storm drainage.
b. Street improvements to N. 27th Avenue including paving, curb/gutter, sidewalk,
lighting, and storm drainage.
c. Street improvements to E. Valley Center Drive including paving, curb/gutter,
sidewalk, lighting, and storm drainage.
d. Intersection improvements to the intersection of Catamount Street and E. Valley
Center Drive.
The Costco Warehouse Expansion Planned Unit Development 17412 PAGE 2 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
e. Intersection improvements to the intersection of Catamount Street and N. 271h
Avenue.
f. Intersection improvements to the intersection of E. Valley Center Drive and N. 19th
Avenue.
g. Intersection improvements to the intersection of Max Avenue and Catron Street.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements,the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development, or a combination thereof.
The applicant must provide this item prior to final plat approval.
12. The applicant must complete the lot aggregation of the northern and southern lots as
described in the applicant's narrative prior to site plan approval.
Code provisions:
1. Overflow parking must be designed to minimize stormwater runoff. LID integration is
required to meet the standards of the Design Objective Plan. This is a minimum standard,
any requested PUD performance points must show a superior design.
2. Section 38.23.180. Cash-in-Lieu of water right. The transfer of water rights or the
payment of cash-in-lieu(CIL) of water rights shall be provided.
3. 38.23.170.A.4. Construction waste enclosure. A designated temporary enclosed refuse
storage area on the site plan, including a typical detail with dimensions and type of
materials, for the storage and collection of building material debris during the
construction phase of the project, and that said debris area is shown accordingly on the
final site plan.
4. Pursuant to section 38.23.160 all outdoor storage of materials, supplies,merchandise or
other similar matter not on display for direct sale,rental or lease must be screened from
view. The revised narrative states there is no outdoor storage, however,packaging
materials,refuse, recycling and other storage is located on the west side of the building
adjacent to residential uses.
5. Preliminary Site Plan sheet DD11-09 states the County Planning Department and the City
has jurisdictional authority over the property.
6. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to be
necessary, public and/or private easements shall be provided for private and public II
utilities, drainage, vehicular or pedestrian access, etc.
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• The applicant must provide a street easement for Catamount Street located from
the right-of-way (ROW) line to 50-feet from the street centerline where
Catamount Street is adjacent to the property line consistent with the City's minor
arterial street standard. The applicant must execute and deliver the original,
signed easement on City standard easement form prior to site plan approval. The
The Costco Warehouse Expansion Planned Unit Development 17412 PAGE 3 OF 7
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CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
original easement must be delivered to the City Engineering Division. The
applicant may obtain a copy of the easement template from the City Engineering
Division. The applicant noted an easement of 42.28-feet from the centerline of
Catamount Street. However, the easement must be 50-feet from the centerline of
Catamount Street.
• The applicant must provide a public access easement over the shared use path
located outside public right-of-way prior to site plan approval. The applicant
must execute and deliver the original, signed easement on City standard easement
form prior to site plan approval. The original easement must be delivered to the
City Engineering Division.
7. BMC 38.24.010.A states: All streets shall be provided in accordance with the adopted
growth policy and/or transportation plan. The arrangement, type, extent,width, grade and
location of all streets shall be considered in their relation to existing and planned streets,
to topographical conditions, to public convenience and safety, and to the proposed uses of
the land to be served by such streets.
• Catamount Street and the associated appurtenances must be constructed from its
current complete section near the western Costco property boundary to the
intersection with E. Valley Center Drive prior to the applicant receiving an occupancy
permit, and building permits will be issued prior to construction of the Catamount
Street improvement only if the applicant demonstrates all requirements of BMC
38.39.030.C. The City's current understanding is the applicant will lead the
construction of Catamount Street. As such, the applicant and the City must enter into
an impact fee reimbursement agreement that defines reimbursement of the City's
portion of the street improvements prior to construction of Catamount Street. The
applicant is advised to contact the City Engineering Department (Shawn Kohtz) to
initiate the agreement.
• The applicant's traffic impact study indicates severe deterioration of traffic conditions
during the peak-hours at the intersection of Max Avenue and Catron Street. The
applicant must upgrade the intersection and show intersection upgrades on the
drawings prior to site plan approval. This improvement qualifies for planned unit
development points to offset other requested code relaxations.
8. BMC Section 38.23.060.C.1 states: A public utility easement shall be granted for all
public utility mains not located within public street right-of-way.
9. BMC 38.24.080.A states: City standard sidewalks (including a concrete sidewalk section
through all private drive approaches) shall be constructed in all developments on all
public and private street frontages, except for alleys. The requirements of the city design
standards and specifications policy and the city modifications to state public works
standard specifications shall apply.
10. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided.
11. BMC Section 38.39.030.C.1.c.(1) and(3) states: (1)...are the subject of an irrevocable
offer of dedication to the city upon completion of the project... and(2) Approval of the
The Costco Warehouse Expansion Planned Unit Development 17412 PAGE 4 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
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.
Condition Use Permit:
1. Section 38.19.110.F BMC states that the right to a conditional use permit shall be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall
constitute restrictions running with the land, shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
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the land, successor or assigns.
2. Section 38.19.110.I BMC Termination/Revocation of Conditional Use Permit approval:
a. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change
and the use may no longer be appropriate to a location. A conditional use permit
will be considered as terminated and of no further effect if:
i. After having been commenced, the approved use is not actively conducted
on the site for a period of two continuous calendar years;
ii. Final zoning approval to reuse the property for another principal or
conditional use is granted;
iii. The use or development of the site is not begun within the time limits of
the final site plan approval in Section 38.19.130 BMC.
b. A conditional use which has terminated may be reestablished on a site by either,
the review and approval of a new conditional use permit application, or a
determination by the Planning Director that the local circumstances and
regulatory requirements are essentially the same as at the time of the original
approval. A denial of renewal by the Planning Director may not be appealed. If
the Planning Director determines that the conditional use permit may be renewed
on a site then any conditions of approval of the original conditional use permit are
also renewed.
c. If activity begins for which a conditional use permit has been given final
approval, all activities must comply with any conditions of approval or code
requirements. Should there be a failure to maintain compliance the City may
revoke the approval through the procedures outlined in Section 38.34.160, BMC.
The Costco Warehouse Expansion Planned Unit Development 17412 PAGE 5 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval for the Planned Unit Development shall be binding upon the undersigned owner of the
subject property, and successors or assigns until released by the City and;
The Costco Warehouse expansion is subject to unique design standards to allow the
building expansion and parking area to exceed City maximums. Any deviation, departure, or
modification of the approved plans are subject to City review and possible approval.
ZocCJ
DATED THIS DAY OF ,
The Costco Warehouse Expansion Planned Unit Development 17412 PAGE 6 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
PROPERTY OWNER
Agnature
Printed Name
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STATE OF ANA
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On this 10"day of T6- a( , 2018, before me, the undersigned, a Notary Public for the State
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owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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