HomeMy WebLinkAboutI.3 - Lowes PUD MOD Approval 05-05-2020 .�., CITY OF BOZEMAN AUG 23 ��7®® ,�
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DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT.
Alfred M. Stiff Professional Building phone 406-582-2260
•� 20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
August 22, 2005
Philip Saccoccia,Jr.
991 East Beach
Pass Christian, MS 39571
Re: Lowe's CUP/PUD #Z-05128
On Monday, August 15, 2005 the City Commission conditionally approved the modification to the
Saccoccia Planned Unit Development Conditional Use Permit for a Planned Unit Development to include
an additional relaxation to allow a relaxation from Section 18.40.180.E Limitations on Size of Retail Stores
to allow the Lowe's store to exceed the 75,000 square foot maximum floor area for a retail building.
The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and
the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the
fact that, with conditions, the proposal will not be detrimental to the health, safety, or welfare of the
community, and is in harmony with the purpose and intent of the Bozeman Unified Development
Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions
of approval are as follows:
1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD.
2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase
1 of the PUD.
3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future
uses lying north and south of the Lowe's building. Parking in excess of 75% of required minimum
number of spaces for future uses lying north and south of the Lowe's building shall be considered a
modification of the Planned Unit Development and shall only be approved by the City Commission
through a Conditional Use Permit process, upon adequate demonstration of need.
4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to
appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a
minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building
entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module
restricted to a maximum of 40,000 square feet in size or modulation could be achieved by deepening the
gable elements on all facades or the reconfiguration of gable projections and placement on the north
and east facades of the structures.
planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination
5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations
shall call out all materials and colors.
6. A color palette and materials sample board shall be submitted with the Final PUD Plan.
7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two
sides with an island of landscaping in between at least 10 feet in width with a cross connection through
the landscaped island.
8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented
concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall
be provided in the final development guidelines.
9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the
structures shall be illustrated in the final development guidelines.
10. Elevations and construction details shall be provided for the gazebo and the display area with the Final
PUD Plan.
11. The metal siding and roof shall be a non-reflective color and finish.
12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence
shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The
location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan.
13. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses
and indigenous plants.
14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a
consultant upon which both the applicant and the City have agreed, including mitigation strategies for
any negative impacts of this development. Unless otherwise provided, such information shall include an
economic impact study,prepared by qualified professional(s) that contains, at a minimum
a) a report on growth and the rate of growth anticipated for the City and region, both without the
project and with the project as proposed;
b) a report which quant�{ies the impacts such growth, including growth accelerated or attracted by the
proposal,will have iii the area;
c) a report on the associated costs and benefits of such growth, and the ability of the City to
accommodate such growth;
d) a report on the additional costs of public services and facilities caused directly or indirectly by the
project,and the impacts on the ability of the City to provide municipal or governmental services;
e) a report on the provision of needed and balanced housing accessible to existing or planned
development, both without the project and with the project as proposed;
f) a report on plans and strategies for adapting the building for re-use in the event of closure, including
a closure plan describing how the property will be disposed of, re-used, demolished, made available
for other uses, or otherwise reclaimed;
g) a report on the impacts.of the project's�approval on the job market in Bozeman and Gallatin
County, including a comparison of wages and benefits of existing businesses, and an analysis of the
effects of the project's approval on wages And benefits of existing businesses; and
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h) a report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the
analysis, including but not limited to any burden on the ability of the City to provide municipal or
governmental services.
The applicant shall provide a report of the impacts of their project and proposed actions to be taken to
mitigate any adverse impacts. In lieu of such a report the applicant may. at the time of opening,
contribute $100,000 to the City's affordable housing account. In addition, the applicant shall contribute
$200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio-
economic impacts.
15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be
submitted to the Planning Office for review and approval by the City Commission prior to final site
plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission
shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the
renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of
Bozeman if the redevelopment is not completed as outlined in the approved renewal plan.
16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its
entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the
Greater Bozeman Area Transportation Plan 2001 update.
17. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match
the section currently constructed. This maybe completed in two phases as proposed.
18. This property is included in a payback district for additional design work related to the signal at 19th and
Baxter. The applicant shall make the required payback prior to final site plan approval.
19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant
shall make the required payback prior to final site plan approval.
20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All of the improvements recommended in the TIA shall be
installed as part of the required infrastructure for each phase. This shall include an update to the TIA
subsequent to the opening of Lowe's, but prior to construction of phase II.
Identified Code Provisions
a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of
preliminary approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
b. Section 18.34.140 states that 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.
c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be
incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or
plant materials.
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d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the
building must be included in the final site plan submittal. A photometric lighting plan shall be submitted
with the final site plan to ensure compliance with Section 18.42.150.D.
e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as
approved by the City Sanitation Department. Accommodations for recyclables must also be considered.
All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating
the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the
materials used, shall be sent to and approved by the City Sanitation Division (phone: 5 86-3258) prior to
final site plan approval.
f. Section 18.46.020 requires compact parking stalls to be clearly identified with a,sign permanently affixed
immediately in front of each space containing the notation "Compacts Only."
g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public
street to be screened from the public street.
h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction
and installation of any on-site signage.
i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section
18.78.100.
j. The FSP shall be adequately dimensioned.
k. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and discharge calculations, and
discharge structure details), storm water discharge destination, and a storm water maintenance plan.
Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as
used in the calculations submitted.
A storm water easement must be established on the adjacent property and filed with the County Clerk
and Recorder's Office for the retention pond and discharge course if located off the subject property.
1. Plans and specifications for anywater, sewer and/or storm sewer main extensions, and Public or Private
Streets (including curb, gutter &sidewalks) prepared by a Professional Engineer (PE) shall be provided
to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana
Department of Environmental Quality. The applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of mylar record
drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at
that time. Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been conducted.
No building permits will be issued prior to City acceptance of the infrastructure improvements
unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent
construction.
m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
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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.
n. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the
utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of
easement.
o. 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.
p. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
q. 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.
r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off
property line) along the street(s) frontage. Any deviation to the standard alignment or location must be
approved by the City Engineer.
s. 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.
t. The Montana Fish, Wildlife &Parks, SCS, Montana Department of Environmental Quality and Army
Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
u. All existing utility and other easements must be shown on the FSP.
v. 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).
w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature
growth will obscure vision within the sight triangle.
x. If construction activities related to the project result in the disturbance of more that 1 acre 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/sedirnent control plan
shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from
State Waters.
r. The applicant shall submit a construction route map dictating how materials and heavy equipment will
travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
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infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
z. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets.
The City may require a guarantee as allowed for under this section at anytime during the construction to
ensure any damages or cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10'from all
trees including landscape islands.
The property owner must comply with all provisions of the Bozeman Municipal Code, which are applicable
to this project prior to receiving Final Site Plan approval. 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.
A narrative and Final PUD Plan addressinL, all of the conditions of approval and the code provisions must
be submitted within 1 year, by August 15, 2006. Please call me if you have any questions regarding the
conditions of approval or the final site plan review process.
Respectfully,
Jami Moms
Associate Planner
JM/jm
cc: Susan Swimley, 1800 West Koch Street,Bozeman,MT 59715
Lowe's FHW,Attn:Jack Mandel, 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008
Morrison-Maierle,Inc., 306 West Railroad Street, Suite 105,Missoula,MT 59808
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