HomeMy WebLinkAboutOAK PLACE CITY COMMISSION STAFF REPORT
OAK STREET PLACE P.U.D. FILE NO. Z-01030
ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH
CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT
OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT
DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT
ZONED "B-2", COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN
AN ENTRYWAY OVERLAY DISTRICT
APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD.
P.O. BOX 11427
BOZEMAN, MT 59719
OWNER: TANGE FAMILY TRUST, L.L.C.,
2388 SPRING MEADOWS DRIVE
BOZEMAN, MT 59715
DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 145
2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY
HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA
REPORT BY: DAVE SKELTON, SENIOR PLANNER
CITY OF BOZEMAN PLANNING OFFICE
RECOMMENDATION: CONDITIONAL APPROVAL
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Project Location:
The subject property is described as a portion of the amended plat of Block 3, Tange's
Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin. County, Montana,
and also being Lot #5 of the preliminarily approved final plat of Tange's 5-Lot Minor Subdivision.
The property in question is more commonly located at the northeast corner of the future intersection of
West Oak Street and North 1lth Avenue, and is situated immediately west of the Days Inn motel and
north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please
refer to the vicinity map provided on the following page.
Oak Street Place P.U.D. Staff Report
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B-2
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Recommended Conditions of Approval:
The Bozeman Development Review Committee (D.R.C.), Bozeman Design Review Board
(D.R.B.), and other applicable review agencies have considered the application for a Conditional Use
Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the
Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.0301, and
Chapter 18.54 of the Zoning Ordinance.
Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C.
and D.R.B. have concluded that the proposed Oak Street Place planned unit development would meet
the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and
purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval
provided below.
Specific Conditions
Planning:
1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site
plan as a "public open space easement" for access and use by the general public and that the
applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan
approval.
2. That the linear trail along Mandeville Creek shall be constructed as specified in Section
18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail
improvements be provided on the site plan, and that written approval of the trail corridor shall
be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan
approval.
Oak Street Place P.U.D. Staff Report
3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or
any required yard setback unless they are designed in an organic form and do not exceed a
maximum slope of 1:4 or a maximum depth of 1 '/2 feet, and are reviewed and approved by the
Planning Office prior to Final Site Plan approval.
4. A preliminary copy of the protective covenants and developmental guidelines, including but
not limited to, the creation of a property owner's association documents, and maintenance,
repair and assessment for upkeep of all common areas shall be submitted to the Planning Office
fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review.
The final document shall be filed and recorded at the clerk and recorder's office prior to Final
Site Plan approval.
5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape
plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as
outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in
the required yard setbacks shall be landscaped with grass turf or other similar live vegetation,
and not washed gravel or other similar organic rock, unless approved by the Planning Office
prior to Final Site Plan approval.
6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City
boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and
on private property shall contain an executed public access easement at the Clerk & Recorder's
Office prior to Final Site Plan approval.
7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed
with construction of the project the landowner shall have filed at the Gallatin County Clerk and
Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision.
8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the
northern end of the parking lot, and that the site plan be revised accordingly for review and
approval by Planning Staff prior to Final Site Plan approval.
9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure.
10. That all of the special conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon
the owner of the land, his successors or assigns, shall be consented to in writing, and shall be
recorded as such with the Gallatin County Clerk and Recorder's office by the property owner
prior to the issuance of any building permits, final site plan or commencement of the
conditional use.
11. That the applicant be allowed to reduce the required off-street parking spaces by approximately
7-11% of the required number determined by the zoning ordinance based on the design and
layout of the off-street parking lot facilities on the site plan.
Oak Street Place P.U.D.Staff Report 3
12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two
(32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately
twelve (12) feet as delineated on the exterior elevations submitted with this application.
13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the
five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may
be amended through this public hearing process, to delay the required subdivision
improvements to West Oak Street until the second phase of the proposed planned unit
development in an effort to implement the construction of a pedestrian tunnel under West Oak
Street, staff recommends approval of the request to widen West Oak Street with phase two, or
with the installation of the pedestrian tunnel, whichever comes first.
Design Review Board:
14. That all off-street parking lot areas that adjoin the West Oak Street and North 11"' Avenue
streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile
landscape materials and that the landscape plan be revised accordingly for review and approval
by the Planning Office.
15. That all building facades that front onto the public streetscape avoid the potential appearance as
the rear of buildings and that all utility panels and equipment, and ground mounted mechanical
equipment, be sited to the side of all structures and properly screened from the public
streetscape. No ground mounted mechanical or utility equipment shall encroach into the front
yard setback.
Engineering:
16. 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.
Boiler Plate Conditions
Engineering:
17. That the Final Site Plan shall be adequately dimensioned.
18. All of the creek crossings must be designed and constructed to convey the calculated 100-year
flow.
19. Project phasing shall be clearly defined including installation of infrastructure.
20. 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.
Oak Street Place P.U.D. Staff Report e
21. 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.
22. 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.
23. 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".
24. 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. The joint access on the east
side of the property is not shown correctly to meet the city standard.
25. 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.
26. 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.
27. Flood plain:
a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP.
b) Culvert or bridge sizing design calculations shall be provided for the stream crossing.
c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation.
Elevation Certificates must be provided for each building following completions of
construction.
28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health 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 Final Site Plan
approval.
29. All existing utility and other easements must be shown on the Final Site Plan.
30. 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).
31. Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
Oak Street Place P.U.D. Staff Report 5
Planning:
32. The landscape legend shall provide a description of plant materials shown on the plan,
including typical symbols, names (common and botanical), locations, quantities, container or
caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan
shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of
the zoning Ordinance for review and approval prior to Final Site Plan approval.
That the applicant prepare an common signage plan for said property that complies with the
Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all
signs proposed with application, for review and approval by the Planning Office prior to Final
Site Plan approval. A common signage plan must be included in the developmental guidelines,
which outlines a unified plan for the property owner's association and a signage theme that
incorporates a unified professional quality depicting style(s), materials, color, and methods of
illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval
prior to Final Site Plan approval.
34. Any lighting, including that for security purposes, used to illuminate an off-street parking area,
sign or other structure, shall be arranged so as to deflect light down and/or away from any
adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries
and lenses shall not protrude below the edge of the light fixture. Final site plan shall the
location for, and a detail of, any proposed wall mounted and/or signage lighting.
35. That the applicant provide adequate snow removal storage areas on the subject property or that
a legal document be executed guaranteeing the provisions for proper removal of accumulated
snow within a 24-hr. time period for review and approval prior to final site plan approval.
36. Exterior elevations for all five structures shall be submitted to the Planning Office for review
and approval prior to Final Site Plan approval.
37. That the applicant provide on the site plan and exterior elevations the location of all roof-top
and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating
the materials, color, and method of screening used to screen the equipment from adjacent
properties and public streets, for review and approval by the Planning Office prior to Final Site
Plan approval.
38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and
modifications approved by the Development Review Committee (DRC) shall be submitted for
review and approval by the Planning Director within six months of the date of DRC approval.
The Planning Office shall forward a copy of the approved Final Site Plan to the Building,
Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be
retained in the Planning Office file.
39. That the applicants 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. Detailed
cost estimates, construction plans and methods of security shall be made a part of that
Agreement.
Oak Street Place A.U.D. Staff Report
40. 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. 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.
41. If occupancy of any 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.
42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director
and prior to issuance of a building permit, will also submit a written narrative outlining how
each of the above conditions of approval have been satisfied or met.
Proposal:
The application for a Conditional Use Permit involves a mixed-use office building/retail
planned unit development to construct a two-phased, commercial project containing five structures
consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site
improvements. The developer proposes underground parking facilities in two of the structures ("D"
and "E") contingent on sound soil conditions and further analysis of depth to groundwater.
An existing "stream/ditch", known as Mandeville Creek and running from south to north,
bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space
stream corridor that plays an integral role in the implementation of a network of public pedestrian trails
in this area of the community. As part of the North 19`6 Avenue/Oak Street Corridor Master Plan, a
fifty (50) foot wide front yard setback is established along West Oak Street that contains
developmental landscape guidelines for the purpose of implementing a formal streetscape that is
designed in concert with a more informal natural park-like setting of landscape features.
The applicant is requesting to relax the required off-street parking spaces by approximately 7-
11% and exceed the maximum building height of thirty-two (32) feet for the two, three-story structures
by approximately twelve (12) feet. With this application the applicant is also requesting to delay the
initial improvements to West Oak Street with the first phase of this project in an effort to coordinate a
community effort to implement the construction of a pedestrian tunnel under West Oak Street.
The exterior finish of each building will consist of brick masonry construction with a cut stone
face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed
metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted
mechanical equipment. The principal entrances to each building contain gable roof canopies with
exposed heavy timbers and steel plate details. With this application the developer has identified in the
landscape plan two distinct open space zones. The first, along West Oak Street and North 11`h Avenue,
is intended to implement a formal streetscape with ornamental and clustered features as outlined in the
Oak Street Place P.U.D. Staff Report
sub-area master plan for this region of the community. The second zone consists of the stream corridor
and involves the placement of native plantings and landscape features to establish a natural corridor of
trees and shrubs.
The primary egress/ingress points to the site will occur from the arterial street, West Oak
Street, and collector street, North 111h Avenue. The interior of the site will contain a looped vehicular
driveway system that will provide two principal access points to the property for both public access
and private emergency services. Improvements to both public streets by the developer of this project
are required with this application for a Conditional Use Permit, which were triggered with the
preliminary plat approval of Tange's 5-Lot Minor Subdivision.
Adjacent Land Uses and Zoning:
The adjacent land uses and zoning designations in the immediate area of the proposed mixed-
use commercial/retail planned unit development are:
North- Undeveloped land zoned "B-2", Community Business District;
South - Developed land (i.e., Aspen Meadows housing development) zoned "R-3",
Residential Medium Density District, and undeveloped land (i.e., County
jurisdictional lands) zoned "AS", Agriculture Suburban District;
East - Developed commercial lands (North 7th Avenue entryway corridor) zoned `B-
2", Community Business District; and
West - Undeveloped land zoned `B-2", Commercial Business District.
Staff Findings:
The City of Bozeman Planning Office has considered the application for a Conditional Use
Permit with Certificate of Appropriateness against the criteria set forth in Chapter 18.43, Section
18.53.030, and Chapter 18.54 of the Zoning Ordinance, and as a result offers the following summary
review comments below. The findings outlined in this report includes comments and recommended
conditions provided by the Development Review Committee (D.R.C.) and Design Review Board
(D.R.B.) and other applicable agencies during their review of the application.
Chapter 18.43 —Bozeman Entryway Corridor Overlay District
Consideration of any development proposal located in an entryway corridor overlay district
must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section
18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this
application is located in the West Oak Street entryway corridor, the Design Review Board considered
the proposal and forwarded a recommendation of conditional approval with the conditions outlined in
this summary review report. Attached to this staff report is the summary review considered by the
Design Review Board in making their recommendation to the City Commission.
Oak Street Place P.U.D.Staff Report R
Section 18.53.030 Citv Commission Consideration and Findings
In approving a Conditional Use Permit application, the City Commission shall consider the
criteria set in Section 18.53.030 of the Zoning Ordinance and find as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls, and fences, parking, loading and landscaping are adequate
to properly relate such use with the land and uses in the vicinity.
The "B-2" regulatory standards do not establish a minimum required lot area with exception of
a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required
yards and parking, to be occupied by principal and accessory buildings. With exception to the
Mandeville Creek watercourse no additional physical or topographical features have been
identified on the site. The proposal has not requested a reduction in required yards, open space
provisions, building heights or landscaping. However, the applicant is requesting a 11%
reduction in the required off-street parking spaces based on the calculated areas of the project
designated for retail and office space. Staff has reviewed the calculated floor areas for each
building type; and as a result, concluded that a relaxation of the required off-street parking
spaces is not necessary.
2. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the
extension of North 11`h Avenue, a designated collector street. With the development of this lot
(i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval
required the widening of West Oak Street to include a second westbound lane along with curb,
gutter and sidewalk. In addition, North 1 lch Avenue must be improved to a 32-foot wide paved
surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street.
With installation of the described street improvements the applicant is requesting a "window "
to the required time schedule to improve West Oak Street contingent on a proposal to construct
a pedestrian tunnel under the existing arterial street. This proposal is a joint effort by the
applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land
Trust, and Montana Department of Transportation to implement a trail system in this area of the
community, as outlined in the North 19`}' Avenue/Oak Street Sub-Area Plan, against potentially
unsafe vehicular movement along West Oak Street. Attached to this staff report are written
comments from the Recreation and Parks Advisory Board (Attachment "B"), Trails
Subcommittee of the Recreation and Parks Advisory Board (Attachment "C"), and Gallatin
Valley Land Trust (Attachment "D") in support of the applicant's request.
As a result of this proposal, the applicant is requesting a delay with the widening of West Oak
Street with phase one until it is determined that a potential pedestrian tunnel is feasible
(Attachment "A"). Should the City Attorney's Office conclude that a condition of preliminary
plat approval for the five-lot minor subdivision may be amended through this public hearing
process, staff is supportive of the request to widen West Oak Street with phase two, or with the
installation of the pedestrian tunnel, whichever comes first.
Oak Street Place P.U.D. Staff Report 9
3. That the proposed use will have no adverse effect upon the abutting property.
Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B.,
and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit
development, no adverse effects upon abutting property has been found.
4. The proposed use shall be in conformance with the Bozeman mater plan.
The Land Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the
property in question to develop as "Commercial". Theses areas are areas where the most
intensive types of commercial and high density residential development may take place; while
"Commercial" areas may include either commercial or multi-family development, adequate but
controlled access to arterial streets is essential; the commercial areas area intended to develop
as the major commercial and service activity centers of the community; residential densities
may range to 27 dwelling units per acre.
The subject property is zoned "B-2", Community Business District, and is intended to provide
for a broad range of retail and service functions with access orientated to major arterial streets.
Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail
sales, and medical, dental or health clinics as permitted uses in the`B-2"District.
5. That the condition use has complied with all conditions stipulated in 18.50.
This conditional use permit application for a mixed use planned unit development includes a
request by the applicant to reduce the required off-street parking spaces by approximately 7-
11% and to exceed the maximum allowable building height for the two (2) three-story
structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve (12) feet.
The intent of planned unit development concept is to promote maximum flexibility and
innovation in the development of land and the design of development projects within the city.
The Design Review Board and Administrative Design Review staff considered the request
against the merits of the proposal; and as a result, determined that a relaxation of the standards
will produce an environment, landscape quality, and character superior to that produced by the
existing regulatory standards.
With exception to the request to relax the off-street parking requirements and exceed the
building height for the two (2) three-story structures, and based on the information and data
provided in the application for a Conditional Use Permit, and recommended conditions of
approval by the D.R.B. and D.R.B., the conditional use application will comply with the all
conditions stipulated in Chapter 18.50.
6. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include but not be limited
to:
a. Regulation of use.
Oak Street Place P.U.D. Staff Report y
The subject property is designated to develop as "Commercial"in the Comprehensive Plan and
is currently zoned "B-2", Community Business District. In the "B-2" District, the entire lot,
exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street
parking, may be occupied by the principal and accessory buildings the minimum lot width shall
be one hundred (100) feet and there is no minimum lot area size in the "B-2" District. Based
on the information provided in the application, the proposed office complex would be
consistent with the land use requirements of the "B-2" district.
b. Special yards, spaces and buffers.
The application for a Conditional Use Permit generally complies with the yard setbacks for
property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and
side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates
a 70-foot wide-open space/stream corridor.
C. Special fences, solid fences and walls.
No special fences and/or screening devices are proposed with this application or required by
the regulatory standards beyond what is outlined in the recommended conditions of approval.
d. Surfacing of parking areas.
All off-street parking areas and driveways will be surfaced with standard asphaltic paving.
e. Required street, service road or alley dedications and improvements or
appropriate bonds.
With this application the developer is required to construct a second west bound lane on West
Oak Street and construct North 11 th Avenue to city standard streets with curb, gutter and
sidewalks on the adjacent side. These improvements were outlined and required with the
approval of said subdivision plat containing the subject property.
f. Regulation of points of vehicular ingress and egress.
Controlled points of vehicular ingress and egress were reviewed and approved by the City
Engineer's Office.
g. Regulation of signs.
The applicant has not requested any deviations and/or variances to the sign ordinance with this
application. A common signage plan is required for review and approval by the Planning
Office prior to Final Site Plan approval.
h. Requiring maintenance of the grounds.
The property owner's association for the planned unit development will be responsible for the
repair, maintenance and upkeep of the grounds.
Oak Street Place P.U.D.Staff Report y
i. Regulation of noise, vibrations, odors.
The D.R.C. has not identified any potential impacts with regard to the noise, vibrations, and
odors related to the proposed land use types that require conditions of mitigation.
j. Regulation of hours for certain activities.
No limitations on regulation of hours for certain activities have been recommended by the
D.R.C. or D.R.B.
k. Time period within which the proposed use shall be developed.
The applicant anticipants full build out of the project within 3-5 years. The duration of planned
unit development approval is generally limited to two (2) years to undertake and complete the
development. However, the applicant may request two successive six-month extensions at the
discretion of the planning director, and the city commission shall approve any additional
extensions.
1. Duration of use.
No limitations on the duration of use have been recommended.
M. Requiring the dedication of access rights.
As noted previously, the applicant will be dedicating the necessary right-of-way and installing
the necessary improvements to West Oak Street and North l Vt Avenue, as required with the
approval of the landowner's subdivision.
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at
the beginning of this staff report.
The commission shall, in addition to all other conditions, impose the following general
conditions upon every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure.
2. That all of the special conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon
the owner of the land, his successors or assigns, shall be consented to in writing, and shall be
recorded as such with the Gallatin County Clerk and Recorder's office by the property owner
prior to the issuance of any building permits, final site plan or commencement of the
conditional use.
Oak Street Place P.U.D.Staff Report
Section 18.54.020 Intent of Planned Unit Development:
It is the intent of the city through the use of the planned unit development (PUD) concept, to
promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and protection of
the public health, safety and welfare, it shall be the intent of this title to promote the city's pursuit of
the following community objectives:
A. To ensure that future growth and development occurring within the city is in accord with
the citv's adopted master plan, its specific elements and its goals, objectives and policies
This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff
report.
B. To encourage _innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment man extend
to all citizens of the Bozeman area.
As the subject property is located in the North 19`h Avenue/Oak Street Corridor Master Plan,
the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the
Zoning Ordinance as a method to guide future growth and development in this area and to
ensure that development will occur in accord with goals and objectives plan of the sub-area
plan. The Design Review Board and ADR staff assessed this proposal against said criteria(i.e.,
greenway corridor, open space, exceptional architectural and landscape improvements), which
is contained in the attached staff summary report and recommended approval with the
conditions outlined in this staff report.
C. To foster the safe, efficient and economic use of land and transportation and other public
facilities.
With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant
is required with preliminary subdivision plat approval to widen Oak Street to include a second
west bound lane, improve North 11'h Avenue to the north end of the site, and install municipal
water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has
determined that adequate on-site vehicular and pedestrian circulation is provided with the
recommended conditions of approval.
D. To ensure adequate provisions of public services such as water, sewer, electricity, open
space and public parks.
These items have been considered by the D.R.C. and previously discussed in this staff report.
E. To avoid inappropriate development of lands and to provide adequate drainage and
reduction in flood damage.
This application for a conditional use permit proposes to leave the existing watercourse in its
present location with minimal disturbance to the topography and natural state of the
Oak Street Place P.U.D. Staff Report III
stream/creek corridor as an effort to provide an amenity for future tenants and the community
as a whole, while allowing the site to continue with the natural drainage of the site and limiting
the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or
floodplain boundary along this watercourse
F. To encourage patterns of development which decrease automobile travel and encourage
trip consolidation therebv reducing traffic congestion and degradation of the existing air
quality.
The site is located along a major arterial street, West Oak Street, which also serves as a
demarcation on the Bozeman Area Master Plan between future commercial and residential land
use patterns. This concept allows for a variety of housing types along the south side of West
Oak Street in proximity to land use and zoning provisions for shopping and commercial
development to the north. In addition, the location of the development along a major arterial
increases the probability of pass by trips where individuals divert to a location along their travel
route. This, in contrast to trips initiated to travel to a specific location, allows the needs of
customers to be satisfied without requiring additional trip generation.
G. To promote the use of bicycles and walking as effective modes of transportation.
With this mixed-use development proposal, the applicant will be implementing one of the key
goals of the sub-area plan (i.e., North 191h Avenue/Oak Street Corridor Master Plan) to
establish a network of public open space and linear trail corridors along three principle
watercourses. The applicant will install a Class 11 trail corridor along Mandeville Creek with
the intent of providing a circulation system, for bicycles and pedestrians, that offers
recreational activities for area residents, as well as recreational and commuting opportunities
for individuals working in this commercial and industrial sector(s) of the community. Through
the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate
the implementation of a pedestrian tunnel under West Oak Street that will. provide a major
north/south trail link and avoid potential conflicts with a principal east/west arterial street.
H. To reduce energy consumption and demand.
The above two community objectives, "F" and "G", have already addressed this issue.
I. To minimize adverse environmental impacts of development and to protect special
features of the geography.
The proposed mixed-use planned unit development contains one geographical/physical feature,
which is Mandeville Creek. The site plan shows the stream/corridor being reserved for open
space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide
corridor. The design parameters of the project are structured to not only enhance the
watercourse, but also allow it to remain in its natural state without any relocation or installation
of culverts.
Oak Street Place P.U.D. Staff Report 1 a
J. To improve the design, quality and character of new development.
As noted throughout this staff report, the North 19`h Avenue/Oak Street Corridor sub-area
master plan will be implemented with the development of this project. The applicant has
established a specific architectural and landscape theme designed in concert the area's master
plan to ensure high-quality, aesthetically pleasing development along the entryways into the
community. The application also includes a request to relax the off-street parking
requirements by approximately 7-11% and exceed the maximum building height for two (2) of
the five (5) structures by approximately twelve (12) feet. These design parameters were
discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff
report. Based on the summary review and the merits of the applications, the D.R.B.
recommended conditional approval of the application, as well as the applicant's request to relax
the off-street parking requirements and exceed the maximum allowable building height, based
on the conditions outlined in this staff report.
K. To encourage development of vacant properties within developed areas.
The subject property has been situated within the corporate limits of the City of Bozeman for
some time remaining in agricultural lands until the construction of North 19`h Avenue and West
Oak Street. With the construction of the two arterial streets and extension of municipal
infrastructure through the area, the property is prime for development. Infill of this area has
been encouraged by the governing bodies with approval of a Master Plan Amendment for the
North 19"' Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment
for a "B-2"zoning designation on the site of the Tange's minor subdivision.
L. To protect existing neighborhoods from the harmful encroachment of newer,
incompatible developments.
The proposed mixed-use planned unit development has residential adjacency to the south,
which is separated by the 100-foot wide public right-of-way for West Oak Street. The
developer has specified landscape features and plantings in the greenway corridor along the
arterial street, which will serve to enhance the streetscape and provide substantial visual
buffering. The orientation of the five buildings within the planned unit development has been
sited such that the majority of the off-street parking facilities are screened from the streetscape
along West Oak Street. The applicant has also limited the commercial signage to low-profile
monument signs designed and landscaped to enhance the architectural integrity of the project.
M. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood, and the community as a
whole.
The"North 19`h Avenue/Oak Street Corridor Master Plan" on page 49 states:
"To successfully achieve the community's vision of a park-like setting for commercial
development within the greenway corridors, and to establish aesthetically-pleasing entryways
containing harmonious patterns of high-quality development, a unified plan must be developed
to avoid the piece-meal strip commercial development experienced along other entryways."
Oak Street Place P.U.D. Staff Report i{
"The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has
already proven itself to be an effective tool in achieving these goals. The PUD procedures
make available to the planning process a valid mechanism for reserving open space that may
not be acquired as parkland due to reclassification of property for commercial development.
The applicant has submitted a specific architectural and landscape theme, land use patterns, and
circulation patterns for the Oak Street Place P.U.D. that is intended to promote logical
development patterns that will mutually benefit the developer, the neighborhood, and the
community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development
proposal, and generally find that the application meets the intent and purpose of the community
objectives outlined in Section 18.54.020, based on the recommended conditions of approval
provided by the Planning Office, D.R.C., D.R.B., and other applicable review agencies.
18.54.100— Planned Unit Development Design Objectives and Criteria
For any planned unit development proposal to be approved it must be found, by the city
commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section
18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are
reviewed against the objectives and criteria designated for Group 1 — All Development. In addition,
individual planned unit developments are then reviewed against the objectives and criteria established
for the land use classifications of the site of which the proposal is located.
An abbreviated summary review of each development group is provided below.
Group 1 —All Development:
The Planning Staff has reviewed the application against the twenty (20) criteria listed on page
177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan
Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the
D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the
members of the D.R.B.
Group 3 —Commercial:
The project is contiguous to the arterial street, West Oak Street, with adequate but controlled
access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to
each other in terms of location, pedestrian and vehicular circulation, utilization of common open space
and facilities. No adult amusement or entertainment uses are proposed within the development. The
applicant has not requested any additional land uses for the project beyond what is permitted in the
current`B-2" zoning designation.
The project provides for outdoor recreational areas for use and enjoyment of those working in
or visiting the development in terms of the greenway corridor along West Oak Street and the open
space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape
guidelines have been incorporated to mitigate the potential impacts of conflicting land uses.
Oak Street Place P.U.D. Staff Report 16-
Conclusion:
The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other
applicable review agencies have considered the application for a Conditional Use Permit with
Certificate of Appropriateness for a mixed use planned unit development against the criteria set forth
in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance; and as a result,
have recommended conditional approval of said application with the conditions outlined at the
beginning of this staff report.
The Planning Staff has identified various code provisions which are currently not met by this
application or listed as a condition of approval. Some or all of these items are listed in the findings of
this staff report. The applicant 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 a condition 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.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET
FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE
DECISION OF THE CITY COMMISSION.
Attachments: Conditional Use Permit application
Three attached letters of correspondence
D.R.B. staff summary review report
D.R.B. minutes of April 10, 2001
Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman,MT 59715
Tange Family Trust, L.L.C.,2388 Spring Meadows Drive,Bozeman, MT 59715
DT Architecture, 50 South Park Avenue, Helena,MT 59601
C &H Engineering, 2415 West Main Street, Suite#1,Bozeman,MT. 59718
Oak Street Place P.U.D. Staff Report 1Z
ATTACHMENT "A"
PERIO&
HWESYT
P.O. Boa 11427 Bozeman MT 59719 • 0h 406,585,9122 • fat 406 585 9093 www.supeiioruorthwest.com iafo@supenoruorlhwest.com
April 18, 2001
City of Bozeman
Mayor Marcia Youngman
City Commissioners
P.O. Box 1230
Bozeman, Montana 59771-1230
Reference: 1001 Oak Project and Stream Corridor Underpass
Dear Mayor and Commissioners:
Our 1001 Oak project is scheduled for hearing before your commission on May 7, 2001. We have gone to great
lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to
design and function. However; as we have worked through the design and layout of this project we have
noticed a problem. In order for Mandeville Creek to fulfill its' role in the transportation and trail systems there
must be a safe and logical crossing of Oak Street for this corridor. Certainly we cannot expect those using the
trail to go to the controlled intersection at Seventh and Oak streets, an overpass is impractical and would not
consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass
is prefect for this location.
We have talked with several people in the Park Department and on the Trail Board about the possibility of
installing one to allow free flowing travel on the trail. They have expressed great interest and support for the
concept, which can be a model of how our trail system can work in Bozeman. However,there are some issues
that must be addressed concerning this but we are willing to work through them to see this tunnel project
happen.
As I am sure you know there are federal funds that would be available for a project of this type; however, they
have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order
of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will
get pushed to the side until an accident prompts the underpass installation. We are willing to install this
underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this
undertaking completely on our own. We would like to propose two options for this:
1. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for
final plat if full credit will be given against impact fees or against future property taxes.
2. We will delay completing Item 3 until it is determined whether funding can be made available to
complete the project in a timely manner.
If either alternative is selected,recognizing that either will add time to the Oak Street improvements, we request
that we be able to obtain a building permit for Phase 1 of 1001 Oak prior to the completion of the Oak Street
improvements.
Regardless, we are willing and prepared to install the improvements to Oak Street as directed and we thank you
for your consideration of this matter.
Sincerely,
Grek
en
A114CHMENT "B"
To: Dave Skelton
Department of Planning and Community Development
From: Subdivision Review Committee
Recreation and Parks Advisory Board
Date: March 30, 2001
Re: Oak Street Place
The committee was pleased to see the open space and the trail corridor
along Mandeville Creek. The trail corridor should be installed with phase
1 of the development, and the trail constructed to City standards using
natural fines.
Because of the importance of this corridor as a connector between parks
and as a critical part of a major north-south routes shown in the original
POST plan, a safe way of crossing Oak Street must be found. Discussion
with the MDOT about a possible tunnel or other means should be
pursued.
Thanks for meeting with us and giving the opportunity to comment.
Ua/ Uj/ LUUl eats - goam rro-- • ve 1 i i nga Page 001 of 001
Recreation • Parks
Advisory Board
Committee
ATTACHMENT "C"
Remo
To: Dave Skelton
Department of Planning and Community Development
From: Laurita Vellinga,Trails Committee
Date: 05/01/01
Re: Oak Street/9`"Avenue Pedestrian Tunnel
On April 16, 2001 the trails committee met with Rob Buckvich of the Montana Department Of
Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian
crossing is an important concern in this area,as there are no traffic lights or through streets in the future
plans between North 71' and N le Avenues on Oak Street. Rob stated that any way of getting
pedestrians away from vehicle traffic would be very helpful.
Mr Buckvich agreed that a pedestrian tunnel near the junction of Er Avenue and Oak Street would be
a desirable solution. David Jones, Engineer and member of the Trails Committee evaluated the site
and is confident that, with the slope and elevation of Oak Street at this location, construction of a
pedestrian tunnel would be a favorable option.
A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which
abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin
Park and points north. This would accommodate a corridor identified in the POST Plan. In addition, if
an additional trail easement could be obtained from one private landowner, the trail could extend
unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain
pedestrian flow to and from the East, South,and Downtown areas.
In conclusion,the Trails Committee is recommending that when plans for development in this area are
reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel.
Could developers be held responsible to find a funding source to build this tunnel?
Thank you for your consideration of this idea.
•Page 1
Gallatin Valley Land Trust
Wo"VED BY
April 23, 2001 INK 2 4 2001
CITY PLANNIN6
To: Planner Dave Skelton
Department of Planning and Community Development
P.O Box 640
Bozeman, MT 59771
From: Gary Vodehnal,Resource Specialist, Gallatin Valley Land Trust.
Subject:Development Review comments on Oak Street Place Zoning PUD
I applaud the developers of this project for placing an open space corridor with
a pedestrian pathway along Mandeville Creek. I urge the developers to install
this trail to City standards in phase I of their development.
I believe this corridor will become an important pedestrian travel route and that
a safe crossing is needed for Oak Street.Based on conversations with MDOT and
Bozeman Recreation and Parks trail committee members, I recommend that a
pedestrian tunnel be installed under Oak Street to connect parkland and future
pathway systems radiating from the Mandeville Creek corridor.
Thank you for ur co, sideration.
f
Sinc ely
ary Vode al
C
P.O. Box 7021 ■ Bozeman. Montana 59771-7021 e 406-587-8404 ■ Fax 406-582-1136 ■ www.gvlt.org
rectided paper