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HomeMy WebLinkAbout16_Cannery District PUD Conditions of Approval_03-31-2020 BOZEMAN MT Planning April 11, 2016 Comma-Q Architecture Ben Lloyd 109 N. Rouse, Ste. 1 Bozeman, MT 59715 RE: Cannery District Final PUD Application 16109 Dear Ben, Staff has reviewed the final plan for the Cannery District Planned Unit Development. The following items must be corrected and/or addressed prior to final plan approval. 1. Per condition 12, clarify in one exhibit where all the required crosswalks are located to comply with this condition. It appears there are multiple areas within Phase 1 that do not meet this condition. 2. Per code provision A. Please revise sheet ES3.2 at the NE access to the site to comply with code standards for maximum light in foot candles at the property line. 3. A maintenance plan must be submitted for the stormwater facilities in the project, and the plan must be included in the property owners' association (POA) documents such that the POA knows the maintenance requirements for those facilities. 4. The wording on the draft plat document indicates the "Director of Public Services." This wording must be changed to the "Director of Public Works." 5. Please execute and record the attached document on the properties noted in the legal description of the document. Please submit revised materials for final review. I look forward to working with you to bring this project to a successful final completion. Please feel free to contact me at 582-2259 if you have any questions. Respe ully, Brian Krueger, Development Review Manager C: Cannery District Partners, LLC 1006 West Main Street Bozeman, MT 59715 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE Inter-office original to: City of Bozeman Department of Community Development 20 Fast Olive Street CONDITIONS OF APPROVAL FOR THE CANNERY DISTRICT PLANNED UNIT DEVELOPMENT APPLICATION 16109 CANNERY DISTRICT PLANNED UNIT DEVEOPMENT FOR PROPERTY LOCATED AT 101 EAST OAK STREET,BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a planned unit development to allow a mixed use master planned phased development; and WHEREAS,the development is on property that is legally described as Block 2 of the Imes Addition to Bozeman, Tract 3A of CCOS 212813, Tract 1-3 of COS 2877 and Minor Sub 391 B all in Section 6, T2S, R6E, PMM City of Bozeman, Gallatin County, Montana; and WHEREAS,the use is to be located on property that is legally zoned as B-2 (Community Business District) zoning district; and WHEREAS,the Planned Unit Development(PUD) is contained within the City of Bozeman Department of Community Development's zoning application 15038 and 16109; and WHEREAS,the Planned Unit Development was granted relaxations from the zoning requirements of the Unified Development Code and the requirements of the B-2 zoning district; and WHEREAS,the Planned Unit Development application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL 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. 2. The proposed covenants shall include a section which clearly indicates those portions of the covenants which were relied upon for the approval of the PUD. This section shall restrict those portions from alteration without written approval of the City of Bozeman. CANNERY DISTRICT FINAL PUD 16109 PAGE 1 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 3. The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan, design guidelines and associated documents as approved: a) 38.10.040 Commercial Lot area and Width-to reduce lot area and width to allow lots configured as building pads. b) 38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet. c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setback from 25 feet to 10 feet. d) 38.24.090 Lot Frontage (38.23.030)-to allow some lots to not front on a public or private street or alley with greenway corridor. e) 38.24.090-3 Access Spacing-to allow the distance between accesses along an arterial street to be reduced below code requirements. f) 38.25.040 Parking Space Requirements-to allow an overall 15%reduction to the parking space requirements. g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands. h) 38.28.070 Wayfinding Signage-to allow wayfinding sings for a district less than 30 acres. i) 38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district. j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street. k) 38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. 4. No property may be removed from the covenants once established without written approval of the City of Bozeman. 5. All portions of Tracts 1, 2 and 3A of COS 2128B, Tract on COS 2548 and Portions of Block 2 of Imes Addition(Plat C-41)north of Oak Street shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. 6. Utility easements shall be provided for as shown on sheet C6.0 either through individual recordable documents or thorough the subdivision exemption review process prior to final site plan approval for any individual phase. 7. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Cannery District are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cannery CANNERY DISTRICT FINAL PUD 16109 PAGE 2 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION District and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 8. The City of Bozeman has relied upon the overall design standards proposed as part of the nlnnnarl iinit rlayalnnmPnt nnnlirratinn in Part 2 Lucian Gidilelinec The da.cian ctnnrinrrlc may not be altered without consent of the City. This restriction shall be included in Section 9 of the covenants. 9. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan, sheet, note, detail, guideline, covenant, etc. in the submittal. 10. The proposed design guidelines shall include a section on how a ground floor residential component shall be designed to transition from public to private space. 11. A cast iron tree grate design shall be selected for the entire development and a detail of that design shall be included in the design guidelines. 12. Scored concrete crosswalks the width of the adjacent pedestrian walkways shall be provided across all drive accesses and driveways where there is a pedestrian crossing. This detail shall be shown on the overall master plan and included in the design guidelines. 13. The rail trail shall be terminated on the east side of the site at North Rouse Avenue on the south side of E Lane in lieu of the standard sidewalk shown on the master plan. 14. The final lot configuration will not be clear until future applications are complete. The applicant will need to provide mutual access easements across all drive accesses and walkways as necessary to allow vehicular,pedestrian, and bike traffic across the project. Additionally, drainage course easements shall be provided as necessary for all drainage courses and stormwater facilities to allow all property owners access to facilities for maintenance. Alternatively, accesses and stormwater facilities may be placed in a common lot allowing access to all users in the property owners' association. 15. The proposed 10-inch sewer main in the northeast part of the project will be constructed during Phase 1. However, other Phase 3 improvements will not be constructed during Phase 1. A minimum 12-foot wide,temporary all-weather surface must be located over the sewer main until the Phase 3, F Lane is constructed. CANNERY DISTRICT FINAL PUD 16109 PAGE 3 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 16. The proposed utility easements do not appear to include the fire hydrants. The utility easements must be placed around the fire hydrants. 17. The applicant should be advised that the latest update to the City of Bozeman Wastewater Collection Facilities Plan Update (June 2015) identified two downstream sewer mains, known as the North Frontage Road Bottleneck, that are approaching capacity. Timing for project phasing 2-4 may be impacted if that sewer main capacity is reached, due to the current growth rate in the City,prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. 18. The traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City's design. However, that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project,the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City. The cost of incorporating the turn lanes will be the responsibility of the Cannery District developer. Timing for construction of the City's Oak Street project at this location is currently not defined. 19. The traffic impact study for the project identified the need for a left-hand turn lane for the existing Cannery Access off Rouse Avenue. The Montana Department of Transportation (MDT) is planning upgrades to that section of Rouse Avenue. The proposed turn lane must be coordinated with MDT by the applicant. 20. A mid-block crossing of Oak Street will likely be constructed in the future at the intersection with the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. 21. The applicant must submit an application to vacate N. Montana Avenue right-of-way (ROW) and the former Oak Street ROW that intersects N. Montana Avenue and E. Oak Street. The streets must be vacated prior to Phase 2 FSP approvals. 22. Section 38.23.180 of the BMC requires provision for water rights or cash in lieu thereof. This provision shall be satisfied prior to FSP approvals for individual site plans. The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However,the Agreement requires provision for water rights or cash in lieu thereof for Phases 2, 3, and 4. This shall be demonstrated prior to individual, FSP approval for each phase. 23. The geotechnical report for the project identified the need for corrosion protection due to highly corrosive soils for all metal piping including mains and services. The civil engineer for the project must define the required corrosion protection prior to FSP approvals of individual site plans. CANNERY DISTRICT FINAL PUD 16109 PAGE 4 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 24. The geotechnical report for the project identified the need to increase the depth of crushed rock under the sidewalks due to the soil conditions on the site. The subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. CODE REQUIREMENTS A. Section 38.23.150.D.7.e BMC requires that all outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. R Plans and spe.r.ifir.atinns for nnv water sewer and/or storm sewer main extensinn. and Public Streets (including curb/gutter and 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 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. C. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code (BMC) are met to allow for concurrent construction. D. All construction activities shall comply with section 38.39.020.A.2 of the BMC. 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 any time 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. E. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to final site plan(FSP) approvals. F. 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 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. Fire service plans (and domestic services 4" or larger) shall be a CANNERY DISTRICT FINAL PUD 16109 PAGE 5 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION standalone submittal, separate from the FSP. Fire services shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. G. Proposed water/sewer mains, services and hydrants shall be a minimum horizontal separation of 10' to landscape trees. NOW, THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Planned Unit Development shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the use remains at the property addressed at 101 East Oak Street. DATED THIS DAY OF 92016. CANNERY DISTRICT FINAL PUD 16109 PAGE 6 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION PROPERTY OWNER Signature Printed Name STATE OF MONTANA :ss County of ) On this day of , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the of the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Public for the State of Montana Residing at My Commission Expires: (Use four digits for expiration year) CANNERY DISTRICT FINAL PUD 16109 PAGE 7 OF 7