HomeMy WebLinkAboutI.10 - CUP Conditions of Approval 05-05-2020 I FI I1fIIt 2139991
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Shelley Vance-Gallatin Cc MT MISC 36.00
CONDITIONS OF APPROVAL FOR A CONDMONAL USE PERMIT
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
FOR SACCOCCIA PLANNED UNIT DEVELOPMENT
LOCATED BETWEEN BAXTER LANE AND TSCHACHE LANE,
EAST OF INTERSECTIONS WITH NORTH 19TH AVENUE,
BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a
Conditional Use Permit from the City of Bozeman to establish a unified architectural and
landscape plan for a commercial complex with the relaxation of the following sections of
the City of Bozeman Zoning Ordinance to allow:a)Section 18.34.060 "Building Height"and
Section 18.30.060 "Building Height" to allow the building heights to exceed the maximums
allowed in the "M-1" and "B-2" districts, but not to exceed 48 feet; b) Section 18.34.020
"Permitted Uses" to allow uses identified as permitted uses in the "B-2" Community
Commercial District to be permitted uses in the areas identified as "M-1" Light
Manufacturing;c) Section 18.50.030.D "Water and Sanitary Sewer System Requirements"to
allow concurrent installation of infrastructure improvements and construction of a specific
project under specified circumstances as outlined in Ordinance 1532;d)Section 18.65"Sign
Code"to allow one pole sign to exceed the allowable height by 12 feet and 50 square feet
in area, one pole sign to exceed the allowable height by 4 feet and 16 square feet in area
and one monument sign to exceed the allowable height by 6 feet and 32 square feet in
area; e) Section 18.50.035.A "Glare and Lighting" to allow the proposed lantern style light
that does not conform to the requirement that prohibits luminaries and lenses to protrude
below the edge of the light fixture.
WHEREAS, the subject property is legally described as Tract 1 B, COS 1215A, Tract A
and B of COS 1215C, located in the NWIA, NW'/4, Section 1, T2S, R5E, City of Bozeman,
Gallatin County, Montana; and
WHEREAS, the Conditional Use Permit is subject to the following forty-three (43)
conditions and code provisions:
Conditions of Approval:
1. The boulevard trees along Baxter Lane,Tschache Lane and the private through street
shall be planted with the appropriate phase of development.
2. The Final Site Plan for the Planned Unit Development shall depict less parking along
the east and west sides of the private street and increase the landscaping to create
a sense of entry into the development.
3. The final site plan shall depict the development of the open space areas with usable,
permanent public open space features,to be reviewed and approved by Planning
Staff.
4. All new construction shall be reviewed against the Architectural and Developmental
Guidelines for the Planned Unit Development. A site plan application shall be
submitted for each building site for review and approval from the applicable
governing body (i.e., Development Review Committee, the Design Review Board
and the City Commission).
5. Additional landscaping including plant materials of varying size and species shall be
provided along the pedestrian corridors and within the landscape islands. One large
canopy tree, one small tree and two large evergreen shrubs shall be provided for
every fifty linear feet of parking.
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CONDITIONS OF APPROVAL FOR A CONDMONAL USE PERMIT
6. Boulevard trees shall be planted every 50 feet of street frontage along Baxter Lane
and Tschache Lane (the plan indicates Tam Juniper being planted in the boulevard,
which is unacceptable).
7. Details shall be provided in the Developmental Guidelines and incorporated into
building elevations for each site, indicating the actual size of the rooftop and ground
mounted mechanical equipment. All mechanical equipment must be fully screened
from all aspects. If during construction the mechanical equipment must be changed
for larger equipment then additional detail shall be provided to the Planning Office
addressing a new method of screening the equipment.
8. The storm water detention pond and constructed ditches shall be designed in a
more organic form and landscaped as a water feature with 6" river rock and wet
root tolerant plant types. Not more than 1/3 of the front yards may be utilized for
storm water detention/retention, the storm water ponds shall not exceed 1'/2 feet in
depth and shall provide a maximum slope of 1:4.
9. On-site wells shall be installed for irrigation purposes only. If the applicant is unable to
receive a permit for an on-site well then the applicant shall provide a letter of
explanation from the appropriate agency.
10. The FSP shall be adequately dimensioned.
11. Plans and Specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line Policy by a Professional Engineer (PE), and be
provided to and approved by the City Engineer prior to initiation of construction of
the fire service or fire protection system. The applicant shall also provide Professional
Engineering services for construction inspection, post-construction certification,and
preparation of mylar record drawings.
12. Sewer and water services shall be shown on the FSP and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
13. The drive approach shall be constructed in accordance with the City's standard
approach (i.e.,concrete apron,sidewalk section and drop-curb) and shown as such
on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP
approval.
14. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the FSP.
15. Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
16. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
17. If construction activities related to the project result in the disturbance of more that 5
acres of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the Applicant to determine if a Storm Water Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 5 acres or less if the point of discharge is less than
1 00' from State Waters.
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
18. A grease interceptor shall be installed on the sanitary sewer service for the any
proposed restaurants.
19. Design submittals for fire service lines shall be provided to the City for review and
approval.
20. Backflow protection on all fire and domestic water services is required with specific
type dependant upon degree of hazard.
21. Location of the fire and domestic service inside the building must be approved by
the Water Superintendent.
22. The Subdivision Exemption must be recorded prior to Final Site Plan approval.
Approval for the Final Site Plan for the PUD shall be contingent on Subdivision
Exemption approval.
23. All phasing, proposed by the developer, shall be depicted on the Final Site Plan for
the PUD.
24. Cash in-lieu of Water Rights shall be paid prior to Final Site Plan approval for each
phase.
25. The applicant shall return a proposal/narrative addressing Section 1 items #3a thru k
of Ordinance 1532 with the final site plan submittal and the applicant is hereby on
notice that the City reserves the right to limit the scope for simultaneous construction
consideration based on available staff hours.
26. The applicant shall submit seven copies of the Final PUD Plan, for review by the
Planning Department, The Final Plan must be approved prior to acceptance of the
Final Plat.
27. The applicant shall submit a written narrative with the Final PUD Plan indicating how
all conditions of approval and code provisions have been met to the Planning
Department. All subsequent buildings within the Planned Unit Development shall
undergo site plan review by the Development Review Committee and the Design
Review Board prior to building permits being issued.
28. The applicant shall apply for a sign permit from the Zone Code Enforcement Officer.
The comprehensive sign plan shall be submitted for review and approval by the
Planning Department prior to issuance of a sign permit. The sign permit application
shall be subject to the terms and regulations set forth in Section 18.65 of the City of
Bozeman Zoning Ordinance unless otherwise approved through the Planned Unit
Development.
29. The right to a Conditional Use Permit for Planned Unit Development shall be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure.
30. 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 PUD plan approval or commencement of the use.
31. 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 the land,
successor or assigns.
32. Per Section 18.62.090, "Building Permits and Installation of Improvements", an
Improvements Agreement must be signed by the applicant/owner prior to Final Site
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CONDITIONS OF APPROVAL FOR A CONDITIONAL,USE PERMIT
Plan approval of each phase. If occupancy of any building is to occur prior to
completion of all required improvements, the Improvements Agreement must be
financially guaranteed. The applicant shall enter into an Improvements Agreement
with the City to guarantee the installation of required on-site improvements at the
time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the
installation of all required on-site improvements,the Improvements Agreement must
be secured by a method of security equal to one and one-half times the amount of
the estimated cost of the scheduled improvements not yet installed. Said method of
security shall be valid for a period of not less than twelve (12) months; however, the
applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
33. A Building Permit must be obtained prior to the work, and must be obtained within
one year of Final Site Plan approval. Building Permits will not be issued until the Final
Site Plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the Final Site Plan, including
excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTiL A
BUILDING PERMIT IS OBTAINED.
34. Per Section 18.54.1 10.F "Greenway Corridor Landscape Standards", in addition to
one large boulevard tree for every 50 feet of street frontage, the 50-foot Greenway
Corridor (along Baxter Lane) shall be characterized by an informal vegetative
planting of four evergreen and deciduous trees, two small ornamental trees and six
deciduous and/or coniferous large shrubs of which half will be flowering shrubs, for
every one hundred feet of street frontage.
35. Additional landscaping shall be provided for within the front yard setback along
Baxter Lane and Tschache Lane. Per Section 18.54.110.E Greenway Corridor
Landscape Standards", the development shall provide a minimum of ten large and
small trees, two small ornamental trees, six large shrubs, six large flowering shrubs,
twenty small shrubs and twenty small flowering shrubs for every 100 feet of street
frontage.
36. Per Section 18.49.060.C.2.b-e "Parking Lot Screening Required", additional
landscaped areas shall be provided between the linear rows of parking to meet the
parking lot landscaping requirements and prevent motorists from cutting through the
parking.
37. A trash enclosure detail shall be provided,for the development, in the final site plan
and the developmental guidelines. Section 18.50.035 "Trash Enclosures" requires a
permanent enclosure for temporary storage of garbage, refuse and other waste
materials for every use, other than single-household dwellings, duplexes or
individually owned townhouse or condominium units, in every zoning district, except
where a property is entirely surrounded by screen walls or buildings.
38. The City of Bozeman shall be party to and approve any proposed modifications to
the approved final site plan, Covenants and Developmental Guidelines. Any major
changes will require approval by the City Commission. Per Section 18.54.050.0 "Final
Plan Review and Approval", major changes to a Planned Unit Development shall be
approved by the City Commission and must follow the some Planned Unit
Development review and public hearing process required for the approval of
preliminary plans. Major changes are defined as a change in the character of the
development, an increase of greater than two percent in the improved gross
leasable floor areas of retail,service, office and/or industrial buildings, a reduction in
the approved open space, a change in the location and placement of buildings.
39. Per Section 18.65 "Sign Code", the pole signs shall be setback a minimum of 15 feet
from the property line and the monument sign shall be setback a minimum of 5 feet
from the property line.
Sa ing PUD 4Z-02021
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Shelley Vance-Gallatin Cc MT Mi6C 36.00
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
40. Per Section 18.65 "Sign Code", a lot in the B-2 district is permitted total signage not to
exceed four hundred square feet.
41. The Saccoccia PUD and future site plans shall comply with Ordinance 1561 [Section
18.40.180 of the Unified Development Ordinance].
42. An easement shall be granted or the right of way dedicated with the amended plat
for one half of the required 90' right of way for Baxter Lane along the entire frontage
of this property.
43. A thirty-foot easement shall be granted or the right of way dedicated with the
amended plat for Tschache Lane along the entire frontage of this property. [Sixty
foot public street and utility easement for Tschache Lane recorded 200 FM 366]
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted forty-three (43)
conditions and code provisions of Conditional Use Permit approval shall be binding upon
me, the undersigned owner of the subject property,my successors or assigns,as long as the
subject property is being developed as per the approved Development Guidelines for the
Saccoccia Planned Unit Development.
DATED THIS 314� DAY OF FQe;z ,k,kF,r 2004
LANDOWNER
Philip Saccoc i Jr.
STATE OF r )
14=_1 :ss
t�County of )
On this day of F r-- 200�, before me, the undersigned, a Notary
Public in and for the above named county and state, personally appeared Philig
Saccoccia, Jr., known to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the some.
IN WITNESS WHEREOF, I have hereunto set m hand andaffyd
N t IS I the
day,gnd year first above written.
ezA• Y%-v
n (Printed Name Here)
Q Public for the State of
•••....•� ,ate . 12n at
r S
: .•a +` , My Commission
Expires: 2406-- •.
(Use 4 digits for expiration year)
my corm wsion Expires: MAR its�
Saccoccia Zoning PUD #Z-02021 PAGE 5
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213999
Shelley Vane-Gallatin Co MT MISC 35.00
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
ANDOW
,
Hancock Bank-Custodian
For Philip Saccoccia, Jr. IRA Rollover
STATE OF }
:ss
County of_ �,n )
On this day of P�yarJ , 202A, before me, the undersigned, a
Notary Pu c in and for the above named county and state, personally appeared
r- eR-- _ , as Hancock Bank Custodian, known to me to be the person
who executed the within instrument on behalf of Philip Saccoccia, Jr.IRA Rollover Hancock
Bank-Custodian, and acknowledged to me that he executed the same for the purposes
therein stated.
IN WITNESS WHEREOF, I have hereunto set y hand and aff' e I y t r' Seal the
day and year first above written.
. . Z.
1�
�� 41} (Printed Name Here)
C.
Notary Public for the State of
Ve !' 0
... �? Residin Qt
•.` My Commission
Expires:
Cow
siion Expires; MAR 19, E (Use 4 digits for expiration year)
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