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HomeMy WebLinkAboutSTADIUM CENTER Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 1 DESIGN REVIEW BOARD STAFF REPORT STADIUM CENTER SUBDIVISION P.U.D. P.U.D. PRELIMINARY PLAN REVIEW APPLICATION #Z-9811 ITEM: An application for a conditional use permit to consider a P.U.D. Preliminary Plan Review of Stadium Center Subdivision P.U.D., a commercial planned unit development on 14.59 acres and zoned R-O “Residential Office District”. APPLICANT: CMM Partners, Gene Cook, 2504 West Main Street, Bozeman, MT REPRESENTATIVE: Dan Kamp, D.J. Kamp and Associates, 14 Park Plaza, Bozeman, MT PROJECT ADDRESS: SW corner of the intersection of Kagy Boulevard and Rawhide Ridge South 11th Avenue DATE/TIME: Design Review Board - Tuesday, 10 March 1998 at 3:30 p.m. in the City Commission Meeting Room, 411 East Main Street, Bozeman, MT REPORT BY: Jody Olsen, Associate Planner PROJECT LOCATION: The subject property is legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan’s Addition #1, City of Bozeman, Montana. The subject property is more commonly known as the SW corner of the intersection of Kagy Boulevard and South 11th Avenue, City of Bozeman, Montana. Please refer to the vicinity map below: Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 2 STAFF RECOMMENDATION: Based on the analysis that follows, Staff recommends that the DRB conditionally approve this project subject to compliance with the following conditions: Recommended Conditions - 1. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. 2. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 3. The Covenants shall require 10 foot front yard setbacks, 20 foot rear yard setbacks, and eight foot side yard setbacks for each individual lot. The front, side and rear yards for each lot shall be determined by each building’s orientation to rights-of-way and parking areas. 4. Section 9.5 shall be labeled “Minimum and Maximum Building Sizes”. 5. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. 6. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. 7. Because the yard along the west property line is functioning as a rear yard for many of the buildings, this yard shall be at least twenty (20) feet wide instead of the eight (8) feet currently shown. 8. A greater variety of plantings shall be used in the common open space areas. 9. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). 10. To ensure consistent and quality landscaping for this project, the landscaping requirements found in Section 18.50.100.D.5 “Mandatory Landscaping Requirements” and Section 18.50.100.D.6. “Landscaping Performance Standards” shall apply to the landscaping of individual lots. 11. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. 12. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted). 13. The location of all parking lot/common area lighting shall be shown on the Final Plan. 14. The covenants should contain some additional requirements for garbage enclosures including height restrictions, acceptable materials, and the need for an impervious floor. In these requirements, consideration shall be given to the specifications and standards required by the garbage collection vendor selected to service the development. 15. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 3 16. The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. 17. All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of striping, pavers or texturing. 18. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent “patios” constructed of concrete, pavers, or some other impervious material. 19. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. Other Possible Conditions for the DRB’s Consideration: 20. Subsection 10.6.b. shall included language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. 21. The lots along Kagy Boulevard shall be re-configured to be parallel to Kagy Boulevard and more consistent with the orientation of the rest of the lots proposed in the subdivision. 22. To avoid long strip-like buildings, a single building cannot be placed on multiple lots. OR 23. To avoid long strip-like buildings, the ability to place a single building on multiple lots shall be limited to certain lots, including: Lots 1 and 2, Lots 5 and 6, Lots 10 and 11, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. PROJECT DESCRIPTION: The applicant is proposing to develop a two-phased, commercial planned unit development consisting primarily of professional, medical and dental office uses on 14.59 acres. The development will contain seventeen (17) lots or building sites which are being created through a Major Subdivision that is being processed simultaneously with this application. These lots will be sold to individual developers. The rest of the lot (consisting of open space, rights-of-way, parking areas, etc.) will be held and maintained in common. Once the Final Plan and Final Plat for this development are accepted, it is the developers intent to obtain building permits for the development of individual sites with no further zoning review required. This Preliminary Plan application establishes restrictive covenants and restrictions to establish a unified plan, containing architectural and landscaping guidelines. ADJACENT LAND USES/ZONING: The land immediately north of the subject property is also zoned R-4 “Residential High Density District” and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop the site in the northwest corner of the intersection of Kagy and South 11th for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI “Public Lands and Institutions” and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S “Agriculture Suburban District” and is currently used for agricultural purposes. Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 4 Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. LIST OF WAIVERS/RELAXATION OF DESIGN STANDARDS: Section 18.54.040 “Special Conditions of a Planned Unit Development” states the following: All planned unit development shall be reviewed against the general building and development standards established in Chapter 18.50. However, the general building and development standards will be used only as a guide. Approval of a planned unit development shall rest upon a finding by the City Commission, as proved by the proposal, that the intent of the general building and development standards is achieved. The developer is requesting two waivers from the design standards in the Zoning Ordinance. The first waiver request is related to the relationship of the internal parking areas and the internal streets. The applicant felt that the amount of open space, arranged in the configuration being proposed, is a better use of the landscaped areas. The applicant feels that the reduction of the setback between parking areas and the streets in certain places will not distract from its buffering effect. In the areas where the physical distance between the parking and the streets has been reduced, the applicant has countered that effect with landscaping and berming. As compensation for this waiver, the applicant is proposing almost 50 percent more open space than is required. The site also provides additional landscaping. For the second waiver, the developer is also proposing to construct private streets in both phases. DESIGN REVIEW: The subject site is not located within an entryway overlay corridor, therefore the site was not reviewed against the Design Objectives Plan for Entryway Corridors. The site was reviewed against applicable PUD Review Criteria, and the resulting comments are attached. HISTORIC PRESERVATION OFFICER COMMENTS: Not applicable to proposal. STAFF CONCLUSIONS: The intent of development guidelines for P.U.D.s is to ensure unified and harmonious development in the subdivision, and to ensure that development will occur in accord with the goals and policies for the Bozeman Area Zoning Ordinance and the Bozeman Area Master Plan. The covenants for the P.U.D. shall contain “regulatory” development guidelines with the intent of future developers designing individual lots within the subdivision according to the architectural, site development, and landscaping guidelines established for the subdivision. These guidelines shall be generally equal to, or possibly more restrictive, than the regulatory standards of the Bozeman Area Zoning Ordinance. The intent of planned unit developments is to promote flexibility and innovation in the development of land and the design of development projects, which will establish logical, well-planned development patterns for future commercial uses and will result in mutual benefits for the developer, the neighborhood, and the community as a whole. P.U.D.s must improve the design, quality and character of new development within the City, minimize adverse environmental impacts, and contribute to the overall image of the community. Building and Site Development (Article IX) - Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 5 In Section 9.3, the provisions that refer to requirements in the Bozeman Area Zoning Ordinance should not only refer to the standards, but also include the standards in the text. Subsection a. should state what the density of the R-O zoning district is. Subsection b. should list the permitted uses in the R-O zoning district. Section 9.4 should state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. should state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. In regards to Subsection 9.3.c., staff believes that the Final Plan needs to show not only the parcel boundary, but also a building envelope that reflects the setback requirements for each lot. In regards to Subsection 9.3.d., staff believes that the developer needs to set specific setback requirements for front, side and rear yards for the individual lots. Staff would recommend that the side and rear yards setback requirements for the R-O zoning district apply to each lot (20 foot rear yard and 8 foot side yards) and that each lot maintain a 10 foot front yard setback. The front, side and rear yards for each lot would be determined based on its orientation to rights-of-way and parking areas. Section 9.5 should be labeled “Minimum and Maximum Building Sizes”. Building Guidelines (Article X) - The use of architectural guidelines is not intended to create a single design theme or specific architectural character. Rather, the guidelines are intended to suggest a unified theme for the development. The applicant has provided architectural guidelines within the “Stadium Center Covenants and Lot Owners Association Guidelines”. Overall, the proposed architectural guidelines are well thought-out and appropriate. The proposed concept of providing a project which architecturally “blends with the eclectic styles of housing found in the surround developments, and that the type of building avoids the appearance of commercial development” is a sound approach. Staff would like to have this idea further “fleshed out” in the building guidelines. The applicant should provide a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Next, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. This can be addressed by establishing specific setback requirements for the individual lots. Also, because the yard along the west property line is functioning as a rear yard, the setback for this yard should be at least twenty (20) feet instead of the eight (8) feet currently shown. The final plan should also show not only the lots, but the actual building envelopes and setbacks for the buildings. Site Development Landscaping Guidelines (Article XI) - Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 6 The site statistics for this project indicate that approximately 45 percent (258,139 square feet) of the site will be open space and/or landscaped areas. This figure includes the common open space/landscaped areas, as well as the landscaping to be provided on each of the individual lots. The applicant has provided a landscaping plan for the common open space/landscaped areas as part of the Preliminary Plan submittal. The plantings proposed for the perimeter of this site, in the required setbacks, would satisfy the landscaping performance point requirements of the Zoning Ordinance. The number of plantings proposed for the rest of the common open space seems appropriate. Staff would only recommend two changes in the landscaping proposed for the common open space areas. First, a greater variety of plantings should be used. Second, if a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). The Covenants for the development also require that each individual lot be landscaped and maintained by each individual developer. The landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. “Mandatory Landscaping Requirements” and Section 18.50.100.D.6. “Landscape Performance Standards”. The requirements in these Sections that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. Other comments include: the developer needs to specify the height limits for fencing; a detail and description for acceptable building lighting (wall-mounted) should be specified; the location of all parking lot/common area lighting needs to be shown on the plan; the covenants should contain some additional requirements for garbage enclosures including height, materials, and the need for an impervious floor. Finally, the developer will be required to submit a Master Signage Plan with the Final Plan application. Master Signage Plans are required “for all commercial, office, industrial, and civic uses consisting of two (2) or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan.” The signage plan shall comply with the requirements of Section 18.65.080 of the Sign Code. Open Space Concept - In assessing the effectiveness and appropriateness of an open space system, design of an integrated open space layout (active open space, passive open space, pedestrian and bike paths, etc.), combined with the adequate separation of vehicular and pedestrian/bicycle traffic, is of primary importance. The open space system being proposed in this plan incorporates a number of open space pockets allocated to each building site, and larger common open space areas, connected by a series of walkways or paths. The majority of the open space pockets are located adjacent to street rights-of-way and/or parking areas. This is partly a result of the proposed loop road, and the general configuration of the proposed parcels. The plan proposes a total of eleven pedestrian crossings of driveways and/or streets, and many of these crossings are located on curves. This situation could be dangerous for pedestrians and/or bicyclists. An integrated system of open space generally avoids multiple crossings and is internalized within the site. Buildings are sited facing common areas in order to facilitate the separation of pedestrian and vehicular traffic, and to provide natural views in a park-like setting. Site amenities, such as landscaping, walkways, seating areas, and retention ponds, are provided for employees and visitors. As stated before, the open space scheme presented in this plan provides pockets of open space in common areas and on individual sites connected by a series of pathways. The developer is also providing some picnic tables in the common Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 7 open space areas. Further emphasis on the integration of these areas needs to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced. At the very least, the paths should be clearly identified at all crossings. Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 8 P.U.D. DESIGN OBJECTIVES AND CRITERIA APPLICATION #Z-9811 STADIUM CENTER SUBDIVISION P.U.D. ALL DEVELOPMENT: Neighborhood Compatibility - 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? As stated previously, the land immediately north of the subject property is also zoned R-4 “Residential High Density District” and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI “Public Lands and Institutions” and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S “Agriculture Suburban District” and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being developed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. Staff would anticipate continued commercial uses on the property to the west based on the site’s location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. Environmental Standards - 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals shall not be permitted. With conditions, the proposal will satisfy this criteria. Site Design - 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood? The site elements are as integrated as possible for this type of “semi-private” development. This site will incorporate a significant amount of open space/landscaped areas that will be available for use and enjoyment by not only the property owners, workers and patrons of this development, but by the public as well. The site offers other amenities such as picnic tables in active recreation areas, and bike and pedestrian paths, that will be available for use by the public. The development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11th Avenue without using the busy Kagy/South 11th intersection. Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 9 26. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and cohesive planned unit development? Generally, the layout of the site elements results in a functional and efficient PUD. Some of the DRB members expressed a concern that the orientation of the buildings along Kagy Boulevard had a negative impact on the cohesiveness of the project. Also, as stated before, the common open space areas would be more effective if they were more consolidated and integrated. Finally, the number of street and/or driveway crossings of the pedestrian/bicycle paths is a concern. 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, developed as open space? Approximately 37 percent of the site, which excluded required setbacks and internal parking lot landscaping, (235,660 square feet) contains open space, landscaped areas or pedestrian/bicycle paths. Approximately 59,573 square feet of this will be developed as active recreation areas. With the recommended landscaping conditions, the site should have a high aesthetic quality. Again, the consolidation of the open space areas would improve the open space site configuration. Some sort of “patio” type concrete pad should be installed for each of the picnic tables. 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? As stated before, the fact that many of the pedestrian/bicycle paths are located adjacent to street rights- of-way, as well parking areas, is of concern. The fact that the paths have many street and/or driveway crossings is also a problem. These issues need to be addressed. Preferably, the site should be re- configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced and the paths should be moved as far as possible from streets and parking areas. At the very least, the paths should be clearly identified at all crossings. Hopefully, the development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11th Avenue without using the busy Kagy/South 11th intersection. 36. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? Again, there are a large number of crossings between pedestrian/bike paths with streets and driveways. These need to be addressed. Preferably, some of the crossings could be eliminated. At the very least, the path crossings need to be clearly identified through the use of striping, pavers, textured concrete, etc. 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent neighborhoods? There are no residential neighborhoods that are immediately adjacent to this site, therefore there is no existing trail system to connect to. Ultimately, the trail system proposed for this site will connect with sidewalks along Kagy Boulevard and South 11th Avenue. 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? The landscaping proposed for the perimeter of the site, as well as the common open space areas, appears to be adequate. Staff is more concerned about the landscaping to be provided on each individual lot. Staff would prefer that the mandatory landscaping requirements, as well as the landscape Stadium Center Subdivision P.U.D. #Z-9811 Design Review Board Page 10 performance standards, of the Zoning Ordinance apply to each individual lot within the development. This would ensure adequate landscaping on each site and around parking areas. 39. Does the landscaping plan enhance the building(s)? The Covenants for the development require that each individual lot be landscaped and maintained by each individual developer. However, the landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. “Mandatory Landscaping Requirements” and Section 18.50.100.D.6. “Landscape Performance Standards”. The requirements in these Section, that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public views? The Covenants require that all roof mounted equipment be integrated into the overall roof design and screened. Staff would like to add that all ventilation and/or mechanical equipment (not just rooftop) be screened through building design or landscaping. The covenants do allow the use of fencing to screen loading areas and mechanical equipment. Staff feels that the developer needs to establish height restrictions for such fencing. The Covenants require garbage enclosures that are compatible with the buildings in terms of materials and design. Most of the parking areas will be screened from adjacent rights-of-way (Kagy Boulevard, South 11th, and the future road along the south property line) by the buildings. The buildings will also screen the parking areas from adjacent neighborhoods. 41. Will all signs in the project be in compliance with the provisions of the Bozeman Sign Code? The developer will be required to submit a Master Signage Plan with the Final Plan application. The signage plan must comply with the requirements of the Sign Code. COMMERCIAL PUD: 11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? Approximately 37 percent of the site will be designated as open space/landscaped areas. The site will also feature a network of pedestrian/bicycle trails. Finally, the developer is proposing to install picnic tables in the common open space areas. Staff feels that the picnic tables should be installed on permanent “patios” or concrete pads. STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 1 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY KNOWN AS THE WEST KAGY DEVELOPMENT MAJOR SUBDIVISION, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to the develop a two-phased, seventeen-lot, mixed-use Planned Unit Development for professional, medical and dental office uses. The property legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan’s Addition #1, City of Bozeman, Montana, and is located in the southwest corner of the intersection of Kagy Boulevard and South 11th Avenue; and WHEREAS, the Conditional Use Permit is subject to the following thirty-four (34) conditions: 1. In order to comply with the requirements of the Zoning Ordinance, the following items shall be shown on the Final Site Plan: a. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. c. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and “Permit Required/$100 Fine”. The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. d. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. e. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. g. A bike rack shall be provided for every building and a detail for the bike racks shall be shown. h. The location of all parking lot/common area lighting shall be shown on the Final Site Plan or in a separate Master Lighting Plan. i. Sight vision triangles for the accesses onto South 11th Avenue, Kagy Boulevard and the un-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. j. Sidewalks shall be provided along all parking areas that abut building sites. Where sidewalks curbs serve as wheel stops, the sidewalk shall be five feet wide. 2. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sac(s) shall be signed with “No Parking” signs. 4. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 2 called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 5. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights-of- way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The Final Plat shall show a one (1) foot “No Access” strip along Kagy Boulevard, South 11th Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The Final Plat shall contain the following language: “Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer.” 9. The property owner’s association documents and covenants shall be submitted to the City of Bozeman for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include “lots”. If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: “Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening.” c. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled “Minimum and Maximum Building Sizes”. g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 3 l. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: “A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman’s Design Review Board as having adequate massing delineation to address the increased linearity of the building.” 10. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 11. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east- west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 4 a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11th Avenue. Prior to platting of Phase II of the subdivision, South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 21. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre- construction meeting must be held between the developer, the developer’s engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb and gutter (South 11th Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 5 22. A detailed Stormwater Management Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 23. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent “patios” constructed of concrete, pavers, or some other impervious material. 26. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees, and American Lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 30. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City’s Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer’s intent to file the Final Subdivision Plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 31. 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. 32. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns, 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 approval or commencement of the conditional use. STADIUM CENTER CONDITIONAL USE PERMIT FOR A PUD #Z-9811 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT PAGE 6 33. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 34. That all special conditions shall be consented to in writing by the applicant. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted thirty-four (34) conditions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a office building. DATED THIS DAY OF , 1999. DEVELOPER C.M.M. Partners By: Gene Cook STATE OF MONTANA ) :ss County of ) On this day of , 1999, before me, a Notary Public for the State of Montana, personally appeared Gene Cook, known to me to be the representative of C.M.M. Partners the partnership that executed the foregoing Improvements Agreement and acknowledged to me that he executed the same for and on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Montana Residing at: Commission Expires: