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HomeMy WebLinkAboutRecommended Conditions of Approval MT Planning FROM: DEVELOPMENT REVIEW COMMITTEE RE: BLACKMORE BEND MASTER SITE PLAN APPLICATION 16530 DATE: MARCH 22, 2017 Project Description: A master site plan application for the phased construction of three commercial mixed use buildings, one existing commercial building and common parking, access and circulation. The site is located at 1324, 1332, 1340 E. Main Street and 203 Haggerty Lane. Recommendation: Staff has found that the project does not comply with the requirements of Chapter 38 of the Bozeman Municipal Code and is deeming the application inadequate for further review. Code corrections must be satisfied prior to a recommendation for approval. Section 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Section 3 - REQUIRED CODE CORRECTIONS All references are to the Bozeman Municipal Code. Planning Division, Brian Krueger, bkrueger@bozeman.net, 582-2259 1. Section 38.10.050.A Yards. Minimum yards required for the B-2 district. The project does not meet yard requirements with the underlying lot configurations. The lot boundaries must be adjusted or otherwise configured through the applicable subdivision exemption review process in order to meet requirements. The final signed mylars must be provided to our office to satisfy this code requirement. The amendment plat may be filed following the Director of Community Development decision. 2. Section 38.23.060.B Easements. Private utility easements. Private utilities include, but are not limited to,natural gas, electricity,telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Planning extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.No signed utility easements are provided.At a minimum a ten foot front yard utility easement is required in the front yard of all lots per section 38.23.060.B. 3. Section 38.23.060.0 Easements. Public utility easements are required. Public utilities include water,sewer and stormwater facilities that are dedicated to and maintained by the city. 1.A public utility easement shall be granted for all public utility mains not located within public street right-of-way.An easement shall be at least 30 feet wide for either one or two utility mains.An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines.No signed public utility easements are provided. Engineering Division, Shawn Kohtz, P.E.,skohtzgbozeman.net. 582-2288 Code Corrections 1. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states:All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C" unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual.A development shall be approved only if the LOS requirements are met in the design year,which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of"C" for the intersection as a whole. The developer proposed upgrades to the intersection of Highland Boulevard and East Main Street, and the proposed preliminary intersection configuration has been approved by the City and Montana Department of Transportation (MDT). To obtain a waiver of the intersection LOS requirement prior to any future site plan approval, the requirements of BMC 38.24.060.B.4.b must be met. The applicant must submit a waiver request addressed to the City Public Works Director for the intersection waiver. The waiver must be approved prior to approval of any site plan application within the proposed project. The application materials indicate that the intersection of Highland Boulevard and East Main Street will be upgraded in `Phase 2"' Also, the left turn lane into the project from Highland Boulevard is indicated in "Phase 2" It is not clear if"Phase 2"refers to the development Phase 2 or if the phasing refers to offsite street improvements only. The intersection and left turn lane must be upgraded with the development Phase 1. An occupancy permit • 0 Box 1230 (;� 20 East Olive Street © :. e O 4e. .e © 4e. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Planning will not be granted for the Blackmore Marketplace site plan until these improvements are complete as the intersection improvements and turn lanes are required to make the site function. This statement assumes that the applicant successfully applies for concurrent construction with the Blackmore Marketplace site plan. 2. BMC 38.24.050.A states:All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this chapter,the most recently adopted long range transportation plan,the City of Bozeman Design Standards and Specifications Policy,and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 2.Access streets and roads which are not on the city's or county's road maintenance system shall be dedicated to the public or shall have a public easement which meets the criteria of this article. The applicant must provide two easements consistent with right-of-way requirements for minor arterial streets:a. 5-feet along the property boundary where adjacent to Highland Boulevard, and b. 15 feet along the property boundary for Haggerty Lane. These easements must be provided prior to master site plan approval. 3. BMC Section 38.23.060.A states: Where determined to be necessary,public and/or private easements shall be provided for private and public utilities, drainage,vehicular or pedestrian access,etc. Where sidewalk adjacent to Highland Boulevard is located outside the right- of-way or any dedicated public access easement, the applicant must provide a public access easement for the sidewalk prior to master site plan approval. 4. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D,and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications,and by this reference these standards are incorporated into and made a part of these regulations.The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water,sanitary sewer or storm sewer system facilities. Sanitary sewer downstream of the proposed project identified as the Front Street Sewer Interceptor does not have capacity for additional loading. • © • • • O 40. .• ® 40. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Planning However, this site had a previous use. Only the peak-hour flow rate from the proposed project up to the pre-existing use will be allowed on the site. The applicant demonstrated the proposed Blackmore Marketplace(Phase I) project will have sanitary sewer demands less than the historical use on this site. However,sanitary sewer capacity for any phasing beyond the Blackmore Marketplace(Phase 1) has not been demonstrated. The City's 5- year capital improvement plan identifies upgrade of the Front Street Sewer Interceptor in the City's fiscal year 2019. Sanitary sewer capacity must be demonstrated for each project phase within the master site plan as future site plan applications are submitted. Conditions of Approval 1. If not already filed with the underlying subdivision,the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a) Street improvements to Highland Boulevard including paving, curb/gutter, sidewalk,and storm drainage b) Street improvements to Haggerty Lane including paving, curb/gutter, sidewalk,and storm drainage c) Intersection improvements to E. Main Street and Highland Boulevard d) Intersection improvements to E. Main Street and Haggerty Lane The document filed shall specify that in the event an SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method fvr the completion of said irnpro vernei:ts 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 the SID waiver prior to master site plan approval. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit. Note: During preparation of the staff report for future applications, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. P.O. Box1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE.