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HomeMy WebLinkAboutCOB 16530 Response Letter 2017-6-12  June 12, 2017 Brian Krueger Associate Planner City of Bozeman Dept. of Planning & Community Development 20 East Olive St. Bozeman, MT 59771 Re: Blackmore Bend Master Site Plan Application 16530 Brian, We are hereby resubmitting the above referenced projects for final site plan approval. All required digital and hard copies of the materials are included and our response to your corrections/conditions letter dated March 22, 2017 are outlined below: Planning Division Comments (Brian Krueger): 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 Director of Community Development decision. "The adjusted lot boundaries will be recorded (along with required easements) through the Subdivision Exemption process which was initially submitted on April 4, 2017". Section 38.23.060.B Easements. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. No signed utility easements are provided. At a minimum a ten foot front yard utility easement is required in the front yard of all lots per section 38.23.060.B. "Private utility easements have been executed and will be recorded through the Subdivision Exemption process which was initially submitted on April 4, 2017". Section 38.23.060.C Easements. Public utility easements are required. Public utilities include water, sewer and storm water facilities that are dedicated to and maintained by the City. 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 public utility easements are provided. "Public utility easements have been executed and will be recorded through the Subdivision Exemption process which was initially submitted on April 4, 2017". Engineering Department Comments (Shawn Kohtz, P.E.): Code Corrections: 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 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. "An LOS waiver has been requested from the City. Additionally, the application for concurrent construction was requested with the Subdivision Exemption application which was initially submitted on April 4, 2017. It is the Applicant's intent to begin construction of the Highland/E. Main intersection improvements as soon as approval and permits are granted from MDT. Design of the intersection improvements is underway". BMC Section 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. "City Standard Public Street and Utility Easements have been executed and will be recorded through the Subdivision Exemption process which was initially submitted on April 4, 2017". 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. "Public access easements have been executed and will be recorded through the Subdivision Exemption process which was initially submitted on April 4, 2017". BMC Section 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to the Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. Sanitary sewer downstream of the proposed project identified as the Front Street Sewer Interceptor does not have capacity for additional loading. However, this site had a previous use. Only the peak-hour flow rate from the proposed project up to the pre-existing use will be allowed on the site. The applicant demonstrated the proposed Blackmore Marketplace (Phase 1) 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. "Sanitary sewer demand associated with future phases of development for the site will be analyzed and reported to the City with future site plan applications". Conditions of Approval 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: Street improvements to Highland Boulevard including paving, curb/gutter, sidewalk, and storm drainage. Street improvements to Haggerty Lane including paving, curb/gutter, sidewalk, and storm drainage. Intersection improvements to E. Main Street and Highland Boulevard. Intersection improvements to E. Main Street and Haggerty Lane. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide the SID waiver prior to master site plan approval. " An SID Waiver of Right to Protest with conditions noted above is included with this response for your review and approval. Once approved the waiver will be filed as required". 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 www.bozeman.net. 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. "Duly noted". In addition to the items noted above, we are submitting or re-submitting the following: Updated Architectural Guidelines for Blackmore Bend Subdivision. The updates include general clarifications and spelling corrections only. City of Bozeman Development Impact Fee Credit Request (original). City of Bozeman Conditional Irrevocable Offer of Dedication (original). Updated Civil and Architectural plans with modifications made as follows: Sidewalk trench drains added on the North and East side of the Blackmore Marketplace building as shown on Sheets C201 and A100. Sidewalk connection coordinated from the J&H Office building East parking lot to the public sidewalk along Haggerty Lane as shown on Sheets C201 and A100. 10’-0” utility easements added/revised as shown on Sheets C102 and A100. Date of plans changed to 6-6-2017 on all sheets with revisions (noted above) clouded as required on the Architectural Sheets. If you have any questions or need more information, please let us know. Sincerely, Lowell W. Springer President Springer Group Architects, P.C.