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HomeMy WebLinkAboutI.10 - CUP Conditions of Approval 05-05-2020 I FI I1fIIt 2139991 Page: i of 6 1111111111 gill 111111111 0210012004 08.66P 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. Saccoccia Zoning PUD #Z-02021 PAGE 1 2139991 Pace: 2 of 6 09l20 Shelley Vance-Gallatin Cc MT MISC 36.00 04 03.tf6P 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. Saccoccia Zoning PUD #Z-02021 PAGE 2 2139991 (IIIIIIIIII Papa; 8 of 6 IIIIIIIIII IIIIIIIIIN IIIIIIIII G2!@8,2664 IIIIIIIII 08.66P Shelley Vance-Gallatin Cc MT MISC 86.00 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 Saccoccia Zoning PUD #Z-02021 PAGE 3 1 J IIIIII iiIil II 2139991 4 of a +IIIIiIIIIII IIIIIIIIIIIIIIII)IIIiiIIIIIIIi 02 �lz00 me.66P Shelley Vance-Gallatin Cc MT RISC $5.00 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 PAGE 4 2139991 I IIII �I I� 02 0912004 08:66P I� 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 IIIIIIIII IIIIIIIIIII II IIIIIII IIIII IIIII II I IIIII IIII IIII Page: 6 of 6 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) Saccoccia Zoning PUD #Z-02021 PAGE 6