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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
January 9, 2006
Montana Avenue Partners, LLC
Attn: Scott Dehlendorf & Barry Brown
1006 West Main Street
Bozeman MT 59715
RE: Northside Preliminary PUD Plan Application #Z-05253
Northside Minor Subdivision Preliminary Plat Application #P-05057
Dear Scott & Barry:
On December 19, 2005, the Bozeman City Commission conditionally approved the Planned Unit
Development/Conditional Use Permit application to allow the adaptive reuse of the existing structures, the
construction of a new building, and the development of common parking, sidewalks, landscaping, and open
space on property located at 1237 North Rouse Avenue. On the same date, the City Commission approved
the four lot minor subdivision with and one common area for access, parking, open space, landscaping,
sidewalks, and stormwater detention. The City Commission’s decisions were based on the fact that, with
conditions, the proposals comply with the requirements of the Unified Development Ordinance, will not be
detrimental to the health, safety, or welfare of the community, and are in harmony with the purpose and
intent of the Bozeman 2020 Community Plan.
Regarding the Zoning PUD, seven copies of a Final PUD Plan which show how all conditions of
approval and code provisions have been addressed must be submitted to the Planning & Community
Development Department within six months, by June 19, 2006. This Final PUD must be submitted prior to
additional work on the property. The submittal must be accompanied by a written narrative explaining how
all of the conditions of approval and code provisions have been addressed. If the Final Site Plan cannot be
submitted within the six month period as previously referenced, a six month extension may be granted by
the Planning Director. Once you have Final Site Plan approval and the Certificate of Appropriateness, you
may apply for Building Permits. If you request occupancy prior to all required improvements (such as
landscaping), you must enter into an Improvements Agreement secured with a financial guarantee in the
amount of 1.5 times the estimated cost of the remaining improvements. I have attached a copy of the Final
Site Plan application as well as the conditions of a conditional use permit which must be recorded at the
Clerk & Recorder’s Office. The conditions of approval and code provisions for the Zoning PUD are as
follows:
#Z-05253 Conditions of Approval:
1. All subsequent development on the site shall require, at a minimum, Sketch Plan and Certificate of
Appropriateness review. Any substantial changes, as determined by the Planning Department, from
the approved Final PUD may require additional site plan review and/or PUD modifications. City
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applications will not be accepted without written approval from the Northside Architectural Review
Committee.
2. The Declaration of Covenants and Design Guidelines must be included and recorded with the Final
PUD. The document must include language that the City of Bozeman shall be party to any changes
or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any
code provisions or conditions of approval. Prior to recording the document, a draft copy shall be
submitted with the Final PUD application for approval by the Planning Office.
3. The Final PUD Plan shall not count the area to the north of Building 4b toward PUD Performance
points for open space. This square footage may be added to the cash-in-lieu of open space
calculation.
4. Prior to any approvals for the final building phase, Planning Staff will reevaluate the on-site parking
situation. If Staff determines that that is a parking problem, the applicants shall enter into a shared
parking agreement with an adjoining property or implement another parking solution subject to
review and approval by the Planning Department.
5. The Final PUD Plan parking calculations shall include the pool as part of the overall square footage
for the gymnastics facility.
6. Regarding the comprehensive signage plan:
(a) The sign plan must include specific calculations for sign sizes per unit.
(b) Any proposals for shared complex signs must be included in the sign plan.
(c) The sign plan must clearly indicate that city sign permits (including both permanent
and temporary sign permits) are required prior to sign installation.
(d) The address signage section shall specify that building addresses shall be a minimum
of six inches in size and shall be displayed on a consistent location to be determined
by the Architectural Review Committee for each building.
(e) The sign plan shall state that the tenant is responsible for sign removal upon vacating
the unit.
7. The applicant/owner shall work with the Forestry Department prior to removal of the spruce trees
along Rouse.
8. The Final PUD Plan shall depict benches, picnic tables, and/or other types of pedestrian furniture
into each of the designated open space areas.
9. The Final Landscape Plan must indicate that all trees shall be installed with a minimum caliber of
two (2) inches in diameter.
10. To improve the pedestrian circulation system, the Final PUD Plan shall depict a sidewalk connection
near the utility shed and concrete pavers where the pedestrian circulation system is interrupted by
the parking lot.
11. Regarding the Development Guidelines:
(a) Additional clarification, in the form of a diagram, shall be provided for where the main
building entrances should front;
(b) Additional language shall be provided in the Development Guidelines specifically stating that
all mechanical, electrical, HVAC, utility services, and landscape irrigation systems (i.e.,
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irrigation wells, pumps, etc.) will be properly screened with an architectural or landscape
opaque screening device
(c) A paragraph addressing roof types and materials shall be added to the Development
Guidelines;
(d) Page 85 shall be revised to eliminate the reference to chain-link fencing;
(e) The sign plan must allocate a specific amount of square footage, based on the requirements
of the Unified Development Ordinance for each tenant space or building and clarify that no
internally illuminated signs will be permitted;
(f) The role and structure of the “Northside Design Review Committee” must be clearly
identified in the beginning of the Development Guidelines along with the statement that:
“All subsequent development review applications must receive approval from the
Committee prior to submitting the application to the City.”
#Z-05253 Code Provisions:
(a) Per Section 18.34.100.C.1, 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
(b) Per Section 18.34.100.C.2, 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 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.
(c) Section 18.36.060 requires that within one (1) year following the approval of a preliminary plan, the
applicant shall file with the Planning Department a final plan. The applicant must undertake and
complete the development of an approved final plan within two years from the time of final plan
approval. For the purposes of this section, a development is substantially complete once all
engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm
drainage) are installed and completed in accordance with City rules and regulations. Extensions may
be granted as stated in the UDO. The timing of all extensions of final plan approval shall be
coordinated with the approval period established for any subdivision plat approval that is part of the
PUD so that any expiration dates are consistent. The Final PUD Plan must be submitted and
approved prior to additional site work.
(d) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should
be incorporated into the roof form and ground mounted equipment shall be screened with walls,
fencing or plant materials.
(e) Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on
the building must be included in the final site plan submittal. Lighting cut-sheets shall be provided
with the Final PUD Plan.
(f) Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific
as approved by the City Sanitation Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the
site plan, indicating the location of the trash enclosures, dimensions of the receptacles and
enclosures and details of the materials used, shall be sent to and approved by the City Sanitation
Division (phone: 586-3258) prior to final site plan approval. Page 35 shall be revised to specify
who will be responsible for trash removal.
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(g) Section 18.46.040.D states that disabled accessible spaces shall be located as near as practical to a
primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all
directions. Raised signs shall be located at a distance no greater than five feet from the front of each
accessible space and shall state “Permit Required $100 Fine.” At least one (1) of the disabled
accessible spaces shall also be signed “Van Accessible” and must be eight (8) feet wide with an eight
(8) foot wide striped unloading aisle/ramp.
(h) Section 18.46.040.E states that all developments shall provide adequate bicycle parking facilities to
accommodate employees and customers. The location and details for the bike rack shall be provided
in the final site plan.
(i) Section 18.48.060 “Landscape Performance Standards” requires 23 landscape points for projects
with “residential adjacency” as defined in Section 18.80.1730. The final landscape plan shall be
signed and certified by a landscape professional as outlined in Section 18.78.100.
(j) Cash-in-lieu of open space is subject to the provisions of Section 18.50.030.
(k) Chapter 18.52 requires a comprehensive signage plan and the review and approval of all individual
Sign Permit Applications prior to the sign construction and installation.
Regarding the subdivision, the Findings of Fact and Order for the subdivision have been forwarded to
legal staff. Once this document has been approved and signed, I will forward the original to you for your
files. I have attached a Final Plat Application for your reference. The following conditions of approval and
code provisions apply toward the subdivision:
#P-05057 Conditions of Approval:
1. Approval of this preliminary plat is contingent upon City Commission approval of the requested
subdivision variances.
2. This subdivision shall comply with all approved conditions of the Planned Unit Development
(PUD) #Z-05253. No additional site work may occur until the Final PUD is submitted and
approved by the Department of Planning & Community Development.
3. Prior to approval of plans and specifications, a cultural resource inventory completed by a qualified
professional must be submitted and approved by the Bozeman Historic Preservation Office and the
State Historic Preservation Office.
4. Prior to approval of plans and specifications, the applicants shall submit a detailed phasing plan that
shows both the phasing of the infrastructure as well as the phasing of the buildings.
5. A reciprocal access and parking easement shall be provided on the Final Plat for all shared accesses
and parking facilities. The easement shall state that the drive accesses and parking areas are
permitted for reciprocal use by all of the lots of the subdivision.
6. The Final Plat shall not include buildings or parking layout.
7. The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not
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specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law.
8. The Final Site Plan/Final Plat shall be adequately dimensioned. A complete legend of all line types
used shall also be provided.
9. The developer shall make arrangements with the City Engineer’s office to provide addresses for all
individual lots in the subdivision prior to filing of the Final Plat.
10. All existing utility and other easements must be shown on the Final Site Plan/Final Plat.
11. 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).
12. Applicant shall provide and file with the County Clerk and Recorder’s Office executed Waivers of
Right to Protest Creation of Special Improvements Districts (SIDs) for the following:
a) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
13. Project phasing shall be clearly defined on the infrastructure plans and specifications including
installation of infrastructure.
14. A Stormwater Master Plan for the subdivision 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 master plan must depict the maximum sized
retention/detention basin location, and locate and provide easements for adequate drainage ways
within the subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin sites, drainage
ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located
within park or open space shall be designed and constructed so as to be conducive to the normal use
and maintenance of the park or open space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
15. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed
fire hydrants.
16. The existing 10-inch water that runs through the center of this development must be replaced. An
engineering report must be submitted to verify the future water main is sized so as to accommodate
this proposed development.
17. All existing and proposed water and sanitary sewer infrastructure within the scope of the project
must be clearly depicted and labeled on the Final Site, landscaping, paving, and drainage plan sheets.
18. Each proposed lot of the subdivision must have its own adequately sized sewer and water service. If
any existing services or fire lines are proven to be too dilapidated to serve the lot and the buildings
they must be replaced.
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19. Easements needed for the water and sewer main extensions 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 the edge of the easement. All necessary easements shall be provided prior to Final plat
approval and shall be shown on the plat.
20. 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.
21. A water service easement will be necessary for the water service line that will serve building number
one. This easement shall be a minimum of 20 feet wide.
22. Plans and Specifications for streets and storm drainage facilities, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by
the City Engineer. 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 improvements until the
plans and specifications have been approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements except as allowed under Section 18.74.030.D.
23. Documentation from the Montana Department of Transportation (MDT) must be provided stating
that they are supportive of no improvements to Rouse Ave with this development, along with a
schedule of when these improvements will happen.
24. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and sidewalk
shall be provided along all streets in the subdivision. Streets within the subdivision will be City
standard width. Detailed review of the street and intersection design and approval by the City
Engineer will be required as part of the infrastructure plan and specification review process. Typical
sections of the proposed Montana Avenue shall be submitted to the Engineering Division.
25. Montana Avenue shall be upgraded to meet all minimum City standards for a local street. At this
time City Engineering does not support left turns out of Montana Ave. Full access will be allowed
onto Rouse Ave, but do to the poor visibility onto Oak from Montana Ave. there will be only right
turns out only. Full access from Oak onto Montana Ave. will be allowed. Adequate traffic control
measures must be instituted at the intersection of Montana and Oak to restrict left turns out. At a
minimum these traffic control measures shall be “no left turn” signs, and a “pork chop.”
26. The Engineering Division is requiring that the intersection of North Rouse Avenue and East Oak
Street be signalized. Section 18.44.060.D of the Unified Development Ordinance states “Street and
intersection level of service C shall be the design and operational objective, and under no conditions
will less than level of service D be accepted.” The traffic study submitted shows this intersection at a
level of service F. The developer shall work with Montana Department of Transportation (MDT)
regarding the installation of the traffic signal and provide written documentation from MDT to the
City of Bozeman.
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27. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality 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.
#P-05057 Code Provisions:
(a) The Final Plat must be in compliance with all requirements of Chapter 18.06 “Review Procedures
for Subdivisions” including that the Final Plat must be submitted within one (1) year of City
Commission approval.
(b) Section 18.42.060.B requires all easements to be described, dimensioned and shown on the Final
Plat in their true and correct location. The “No Build” easement needs to be shown on the plat
map itself in addition to being in the notes section.
(c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected plan
including both existing and proposed street lights shall be submitted for review and approval prior
to the contracting, creation of an SILD, and installation of any lights. All of the lights, including the
bollard lights, shall conform to City’s requirements for cut-off shields. All subdivision lighting shall
be operated and maintained through the creation of a new SILD (Special Improvements Lighting
District), through the annexation to an existing SILD or through some other equivalent means
approved by the City of Bozeman. Required street lights must be installed or financially
guaranteed prior to building permit approval. Occupancy requests will not be approved
prior to City Commission acknowledgement of the SILD.
(d) All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the
developer’s intent to file the plat prior to the completion of all required improvements, an
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 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. Concurrent Construction must meet the
twelve criteria outlined in Section 18.74.030.D.
(e) The Final Plat must be in compliance with all requirements of Section 18.78.070 “Final Plat,”
including, but not limited to the following item:
ii. Section 18.78.070.C states that a Memorandum of Understanding shall be
entered into by the Weed Control District and the subdivider for the control of
county declared noxious weeds and a copy provided to the Planning Department
prior to Final Plat approval;
iii. The final plat submittal shall include all required documents, including
certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The final plat application shall include four (4) signed reproducible
copies on a stable base polyester film (or equivalent); two (2) digital copies on a
double-sided, high density 3½-inch floppy disk or compact disk; and five (5)
paper prints.
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We look forward to seeing this project move forward. Please don’t hesitate to contact me if you have any
questions. Thank you.
Sincerely,
Susan Kozub
Associate Planner
CC: Comma-q Architecture, Inc., attn: Doug Minarik, 109 North Rouse Avenue #1, Bozeman MT 59715
HKM Engineering, Inc., attn: Clint Litle, PE, 601 Nikles Drive, Suite 2, Bozeman MT 59715