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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 ------------------------------------------------------------------------------------------------------------------ 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 x B-2 R-3 � I 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