HomeMy WebLinkAbout20364 Preliminary Approval Letter
February 21, 2023 – Transmitted via ProjectDox Only
Brett Megaard Hyalite Engineers 2304 N. 7th Ave., Suite L Bozeman, MT 59715
RE: East Frontage Commercial Development Site Plan, Application 20364 Dear Applicant,
The Site Plan for the above-referenced project has been approved with conditions and code provisions. A staff report signed by the Director of Community Development or his designees is enclosed for your records. You must complete the conditions of approval and code provisions prior to final plan and building permit approval.
As the applicant, you must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. All 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.
CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified below:
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. This project must have current MDT approval prior to starting work on the approach.
3. 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 (SIDs) on City standard form for the following:
a. Street improvements to the Frontage Road between Highland Blvd and Fort Ellis Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at East Main Street and Haggerty Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must 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 the 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. A City standard SID waiver template has been uploaded to the City Documents folder on Project Dox.
CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below:
1. BMC 38.410.060 - Easements: All required easements must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city with site plan submittal. Signed hard copies of the easements must be submitted to the city prior to site plan approval. An easement exhibit signed and stamped by a professional engineer or land surveyor licensed in the State of Montana must be prepared for each easement document. Easement templates have been uploaded to the City Documents folder. (10 foot utility easement)
ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. BMC 38.410.130 - Water Rights - Upon future development, the applicant must contact Griffin Nielsen with the City Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to site plan approval for future development.
2. At this time the City of Bozeman (COB) Department of Transportation and Engineering has not reviewed this site plan for lighting, water and sewer capacity, or traffic impacts. This site plan has only been reviewed for "Phase 1A - initial site grading (pit run fill)." The COB Department of Transportation cannot comment on water, sewer or traffic capacity concerns without clear indication of the proposed development. Once the owner determines a finalized plan for the ultimate development of the site, this project will be subject to further review and conditions during a new site plan application. The future development application must be submitted to all applicable agencies for review. The future site plan must comply with all applicable local, state and federal design standards and laws at the time of filing the future site plan application. If infrastructure improvements are necessary for the future site plan to be in compliance with the most recent local, state and federal design standards and laws, the applicant will be responsible for the construction of those improvements.
3. Please be advised that a subsequent site plan submittal is required for any future development of this subject property.
Future Impact Fees - 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.
Please be informed that ANY changes from the final plan or final building elevations will need to be reviewed by the Department of Community Development. This Director of Community Development project decision may be appealed by filing a notice of appeal with the Clerk of the Commission for the City of Bozeman, within ten working days after the date of approval as evidenced by the Director’s signature, by following the procedures of Section 38.250.030, BMC.
If you have questions, or if the Department of Community Development can be of further assistance, please do not hesitate to contact me at 582-2963 or nlyon@bozeman.net.