HomeMy WebLinkAboutG7 Oak Meadows
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Oak Meadows SP/COA/DEV #Z-06226
MEETING DATE: Monday, November 6th 2006 at 6:00 PM.
BACKGROUND: Representative Morrison-Maierle, Inc. submitted a Site Plan and Certificate of
Appropriateness application with deviations, to allow the construction of 82 condominium units,
one clubhouse, and related site improvements on eight lots in the Oak Meadows Subdivision. The
applicants request six deviations from: 18.16.050 “Yards” to allow a) Lot 1 Block 5. Reduce
required side yard from 5 feet to 2 feet. b) Lot 1 Block 5. Reduce required rear yard from 20 feet
to 6 feet; c) Lot 2 Block 5. Reduce rear yard setback from 20 feet to 12 feet; d) Lot 4 Block 5.
Reduce rear yard setback from 20 feet to 9 feet; e) Lot 1 Block 4. Reduce rear yard from 20 feet to
4 feet; and f) Lot 4 Block 4. Reduce rear yard setback from 20 feet to 2 feet.
On October 18, 2006, the Development Review Committee (DRC) recommended conditional
approval of this application. Their recommended conditions and comments are included in the
attached Staff Report. On October 11, 2006, the Design Review Board (DRB) recommended
conditional approval of this application. Their recommended conditions and comments are included
in the attached Staff Report.
On October 23, 2006 the Commission held a public hearing and reviewed the application. It was
moved by Cr. Kirchhoff to conditionally approve Oak Meadows Condominiums Site
Plan/Certificate of Appropriateness/Deviations as conditioned by Planning Staff including a
corrected condition that was requested by City Engineering. Cr. Kirchhoff's motion to approve was
seconded by Cr. Becker and the vote was held in abeyance until after FYI. This motion was never
voted upon. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue for two weeks,
until November 6, 2006. Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Krauss.
Those voting No being none. Those absent being Cr. Jacobson. The motion carried.
UNRESOLVED ISSUES: Staff had requested that the Commission continue the item two weeks
in order to clarify the continued need for the requested deviations. As noted by staff the applicant
had been responsive to staff and Design Review Board comments during the review process. The
applicant submitted a revised site plan that incorporated two six-plex buildings along Oak Street in
lieu of the originally proposed four three-plex units. Additionally, the applicant had shifted certain
buildings and lot lines in order to eliminate the need for deviations. Staff requested a revised site
plan from the applicant that contained all of their proposed modifications. Staff has reviewed this
submittal and has identified only one deviation that is still required with the application. The one
deviation required is to 18.16.050 “Yards” to allow a maximum encroachment of four feet into the
required 20 foot rear yard setback on Lot 2, Block 5. Please see staff’s exhibit showing the deviation
required.
RECOMMENDATION: First, that the City Commission withdraw the original motion to
conditionally approve Oak Meadows Condominiums Site Plan/Certificate of
Appropriateness/Deviations as conditioned by Planning Staff including a corrected condition that
was requested by City Engineering that was moved and seconded on October 23, 2006. Second,
that the City Commission move to approve Oak Meadows Condominiums Site Plan/Certificate of
Appropriateness with Deviations as conditioned by Planning Staff in the November 6, 2006 staff
report addendum and as shown on the 10/2006 site plan with one deviation to 18.16.050 “Yards” to
allow a maximum encroachment of four feet into the required 20 foot rear yard setback on Lot 2,
Block 5.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Brian Krueger at bkrueger@bozeman.net if you have any questions prior
to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT—NOVEMBER 6, 2006 ADDENDUM
OAK MEADOWS CONDOMINIUMS SITE PLAN/COA/DEV FILE NO. #Z-06226
#Z-06226 Oak Meadows Condominiums Site Plan/COA/Dev Staff Report 1
RECOMMENDED CONDITIONS OF APPROVAL
Based on the previous analysis, the DRC, DRB and ADR staff find that the application, with conditions, is
in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development
Ordinance. The following conditions of approval are recommended. Please note that these conditions are
in addition to the required code provisions beginning on Pages 3 and 4 of the October 23, 2006 staff report.
1. A stronger urban building form shall be used along the Oak Street Corridor. An example of an
appropriate build form is the Unit 5 model building. A strong corner presence shall be established
at the corners of Oak Street and N. 14th Avenue and Lilac Avenue. The buildings along Oak Street
shall have the primary entrance facing north and a pedestrian connection to the Oak Street trail.
2. A shared use Type IA trail constructed to City standards shall be provided in the setback area along
Oak Street. The trail location should be coordinated with the City of Bozeman Parks Department.
A preconstruction meeting is required with the City of Bozeman Parks Department prior to
construction.
3. All proposed on–street parking shall be shown and designated on the final site plan with accurate
hydrant locations, curb extensions, crosswalks, and site vision triangles depicted on that plan.
4. The landscape plan shall be revised to address the following:
a) Accurate locations of the water and sewer, and utility lines shall be shown on the landscape
plan. No tree may be closer than 10 feet to a utility line. Water and sewer lines shall be routed
to avoid the parking area landscape islands in order to protect the required tree canopy within
the parking areas.
b) Sidewalks shall be moved to one side of the parking area landscape island at the rear of unit
#5’s in order to accommodate an additional tree in those areas.
c) The proposed surface detention ponds shall be designed as amenities. The ponds shall be
lined with native grasses, indigenous plants, and boulders to create a more natural site amenity.
d) Additional seating areas shall be provided along the north/south trail corridor.
e) Ground mounted mechanical equipment, including air exchange equipment, air conditioning
condensers, and irrigation wells, are not permitted in the required yard setbacks or open space
corridor and must be noted on the site plan and landscape plan, if proposed.
5. That the applicant provide on the site plan and exterior elevations the location of all roof-top
and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical
power and telephone boxes, irrigation wells, 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 staff prior to issuance of a C.O.A. and Final Site
Plan approval.
6. The color palette for the building shall include material samples and color chips for review and
approval by the Planning Office, prior to Final Site Plan approval. All final building elevations shall
be keyed to the color palette to delineate where each individual building material and color is
specified.
7. All building/site signage anticipated shall be shown in the correct scale, size, and color on all final
building elevations and perspectives submitted for final site plan approval.
8. The alternate design of unit #7 on Oak Street is required, that variety and use of colors be
incorporated into the design, and shrub foundation plantings be used on street sides and internal
locations of the buildings.
9. That the entire perimeter and center parkland trail of the site (i.e., driveways, sidewalks,
egress/ingress points, setback landscaping, boulevard trees, and trail improvements) shall be
installed with the initial phase of the project, if phased construction is proposed.
10. That the applicant provide an access easement for the sidewalk system that services the
condominium units that front on Oak Street.
11. 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 conditions of approval and code provisions have been satisfied
12. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used
shall also be provided.
13. 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), flow direction arrows, 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
14. 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.
15. Trees shall not be located within ten (10) feet of water and sewer service lines.
16. 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".
17. 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.
18. 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.
19. All existing utility and other easements must be shown on the FSP.
20. Adequate snow storage area must be designated outside the sight triangles, but on the subject
#Z-06226 Oak Meadows Condominiums Site Plan/COA/Dev Staff Report 2
property (unless a snow storage easement is obtained for a location off the property and filed
with the County Clerk and Recorder's office).
21. Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
22. The Montana Department of Fish, Wildlife & 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 FSP approval.
23. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
24. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
25. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer
shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
26. Regarding Condition No. 11, indicate the impact of the development on the previously approved
storm water plan for the Oakwood Meadows Subdivision. Any storm water runoff that exceeds
what was previously designed for shall be retained on site.
27. At the 21’ wide alleys provide the City standard alley approach instead of the radii shown.
28. Wherever parking shall not be allowed on the private streets the curb shall be painted red with
white lettering that is at least 3” in height and signs provided every 35 feet that state “FIRE
LANE/TOW AWAY ZONE”. No parking shall be allowed on the private streets and alleys less
than 27 ft wide and parking may be allowed on one side of the 27 29 ft wide private street.
29. Plans and Specifications for water and sewer main extensions prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and approved
by the City Engineer. 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 improvements until the
plans and specifications have been approved and a preconstruction conference has been
#Z-06226 Oak Meadows Condominiums Site Plan/COA/Dev Staff Report 3
conducted.
No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless approved for concurrent construction.
30. A 30 ft wide easement shall be provided for the water and sewer mains within the property prior
to FSP approval.
31. Wherever sanitary sewer mains are not located under or accessed from improved streets, a 12
foot wide all weather access drive shall be constructed to provide necessary access.
32. A Public Access Easement shall be provided for the private streets thru the property prior to FSP
approval.
CONCLUSION/RECOMMENDATION
The DRC and DRB have reviewed the Site Plant and Certificate of Appropriateness Application with
deviations. Staff recommends to the City Commission approval of said application with the conditions and
code provisions outlined in this Staff Report addendum. Staff has identified various code provisions that are
currently not met by this application. Some or all of these items are listed in the findings of the October 23,
2006 Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development
Ordinance, 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 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.
Attachments: Applicant’s Revised Site Plan
Staff’s exhibit demonstrating deviation area
Report Sent to:: B.A.M. Properties, LLC, 6263 South 600 West Hyrum, UT 84319
Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59771
#Z-06226 Oak Meadows Condominiums Site Plan/COA/Dev Staff Report 4