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HomeMy WebLinkAbout15- The Springs at Bozeman Site Plan and Conditional User Permit Application 15369CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net September 29, 2015 TD&H Engineering Attn: Ahren Hastings 234 E Babcock Street, Ste 3 Bozeman MT 59715 RE: The Springs at Bozeman Site Plan and Conditional Use Permit Application 15369 Dear Mr. Hastings, On September 28, 2015, the City Commission preliminarily approved your application to allow a preliminary Site Plan and Conditional Use Permit (CUP) with cash in lieu of parkland dedication request application for the construction of a 195,163 square foot Community Residential Facility that includes 80 independent senior living dwelling units, 68 assisted living units, 24 memory care units and associated parking and site improvements. The conditional uses approved include: community residential facility use, sales and on -premise consumption of alcohol and a proposed building height increase of 15% above the base maximum building height in the B-2 zoning district on property located at 2632 Catron Street. Bozeman, MT. The decision on the application was based on the fact that, with conditions and code provisions, the proposal complies with the requirements of Chapter 38 of the Bozeman Municipal Code, will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Community Plan. A complete final plan and supporting materials must be submitted to the Department of Community Development within six months of the Commission's preliminary decision, or by March 28, 2016. The submittal must be accompanied by a written narrative explaining how all of the recommended conditions of approval and code provisions approved by the City Commission (and included in the staff report) have been addressed. If the final plan cannot be submitted within the six- month period as previously referenced, a six month extension may be granted by the Director of Community Development. The conditions of approval and code provisions approved by the City Commission are as follows: Community Development Conditions: 1. 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. 2. A copy of the State Revenue Department alcohol license for the establishment shall be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. The right to serve alcohol to patrons is revocable based on complaints from the public or from the Police Department regarding violations of the City of Bozeman's open alcohol container, minor in Development Review Division Policy and Planning Division Building Division possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 4. Any expansion of the uses or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 5. Lots 1-2, Block 4 of the Cattail Creek Subdivision Phase I shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to final plan approval. En ineering_Conditions; 6. Sidewalks along Catron Street and North 27th Avenue must be constructed in accordance with the City of Bozeman (COB) Design Standards and Specifications Policy and the City Modifications to the State Public Works Standard Specifications. 7. The drive approaches shall be constructed in accordance with the City's standard approaches per COB Standard Drawings 02529-12 and 02529-13 as applicable. A City curb cut and sidewalk permit must be obtained prior to installation. For clarity, the island proposed in the driveway off Catron Street is acceptable. 8. 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 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. Fire service plans, and domestic services 4" or larger, shall be a standalone submittal, separate from the FSP. Fire services, in addition to domestic services, shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 9. The Preliminary Design Report indicates connection of a 6 -inch water service to an existing 4 -inch stub onto the property. All water service connections shall be uniform size from the service line tap at the main to the building. The service lines must be sized at a minimum to not cause the velocity in the line to exceed ten feet -per -second when calculated by the fixture unit method (COB Design Standards and Specifications Policy). The domestic water meter is indicated as a 4 -inch meter, while the service is indicated as a 6 -inch service. Provide calculations for appropriate service line and meter sizing. 10. The Geotechnical Investigation Report indicates a footing drain is not required for the project (Figure 4). However, the report narrative on Page 7 indicates a 4 -inch perimeter footing drain must be installed. If the footing drain is installed, it may not discharge to the storm drainage system unless that system is designed with capacity for water from the footing drain. The footing drain may not be discharged to the sanitary sewer system. 11. The proposed sewer service does not have cleanouts. Provide cleanouts at appropriate spacing as necessary. It is recommended but not required that the service be located within the parking drive lane and not under the proposed sidewalk. 12. The Storm Drainage Calculations indicate a 12 -inch storm drain on the south side of the building, while the plan indicates a 10 -inch drain. Correct the storm drain sizing on the plan. Page 2 13. A stormwater drainage system maintenance plans shall be submitted with the final plan application_ 14. All trees must be at least 10 feet from any public utilities or service lines. All utility lines must be shown on the final landscape plan. Code Provisions, Bozeman Municipal Code (BMC): a. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. The final plan shall contain a notation that "No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid screen and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure." Additionally, a roof plan showing rooftop equipment with proposed screening shall be submitted with the final plan. b. Section 38.25.020 BMC requires adequate provision for snow storage in parking areas. Snow may not be deposited on public right-of-way or cause unsafe ingress/egress to the parking area. The snow storage area appears inadequate for the proposed parking area and conflicts with proposed landscaping. Sufficient storage area shall be shown on the final plan. c. Section 38.25.040.A.5 BMC requires bicycle parking facilities for residents and employees. Bicycle parking spaces shall be at least ten percent of automobile parking stalls and are to be in an accessible and visible location. 16 spaces bicycle parking spaces are required. Location of bicycle parking within storage area of decks for residential uses do not meet the requirement of this standard. The application has requested a reduction to provide eight spaces, yet only three are noted on the site plan. d. Section 38.27.020 BMC specifies the requirements for required park area dedication. A final calculation shall be provided to confirm required land dedication area. e. Section 38.27.030 BMC outlines the requirements for cash donation in -lieu of land dedication. These requirements shall be satisfied prior to final plan approval. f. Section 38.28.060.A BMC provides standards for the area, size, location and setbacks required for signs. The proposed site plan and sign specifications need to clearly demonstrate compliance with these standards on the final plan application. g. Section 38.41.080.A.2 BMC requires submittal of architectural floor plans that clearly depict proposes uses and activities within the building. Full floor plans clearly indicating the extent of the area for on -premise consumption of alcohol and interior floor layouts for each room shall be provided with the final plan. h. Section 38.23.170 BMC requires that the site plan shall have designated an area for temporary trash collection during construction. This area needs to be designated and added to the site plan prior to final plan approval. i. Section 28.26.040 BMC requires landscape plan review. Deciduous shrubs Spirea X Bumalda and Spirea X Cinerea are identified as the same initials on the plan. These need to be differentiated. Quaking Aspen spelling should be corrected. Details need to be provided on water feature and seat wall. Page 3 j. Section 28.26.050.1 BMC provides requirements for irrigation standards. The proposed irrigation schedule on Sheet L2.1 does not provide enough detail to review potential conflict areas. A final irrigation plan shall be submitted with the final plan application. k. Section 38.41.080 BMC requires that the site plan show the existing and proposed locations of utilities. The site plan lacks information on telephone, cable tv and/or internet connections. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. in. Section 38.19.110.I BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if. a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130 BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. n. The transfer of water rights or the payment of cash -in -lieu of water rights shall be provided in accordance with Section 38.23.180 BMC prior to final site plan (FSP) approval. o. Section 38.23.070 BMC requires that the cutting of any city street be done in compliance with the City's Street Cut Policy. The required form and information can be found on the City's website at www.bozeman.net. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. Page 4 q. An erosion and sediment control plan shall be prepared for the project and approved by the City's Stormwater Program Coordinator prior to FSP approval. r. Prior to building permit approval, an erosion and sediment control permit shall be obtained from the City's Stormwater Program Coordinator. The erosion and sediment control plan approved with the final site plan shall be utilized to obtain the erosion and sediment control permit. This City Commission project decision may be appealed by filing a petition with a court of record, within 30 days after the date of approval, by following the procedures of Section 38.35.080.13, BMC and Montana Code Annotated Section 76-2-327. A copy of the CUP document that needs to be signed, notarized and recorded at the Gallatin County Clerk and Recorder's office is enclosed. If you have any questions, or if the Department of Community Development can be of further assistance, please do not hesitate to contact me at 406-582-2297. Thank you for your participation in the review process. Respectfully, Brian Krueger Development Review Manager Encl: CUP Recorded Document C: The Springs at Bozeman, LLC, Chuck Archer, 401 NE Evans, McMinnville, OR 97128 City Clerk's Office Page 5 Intcr-office original to: City of Bozeman Department of Community I)cvclopnicnt 20 1 :ast Olive Street CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE SPRINGS BOZEMAN CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2632 CATRON STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a conditional use permit application to allow a community residential facility, to allow the sales and on - premise consumption of alcohol and to allow a proposed building height increase to a maximum of 50 feet on property located at 2632 Catron Street, Bozeman, MT; and WHEREAS, the use is to be located on property that is legally described as Lots I and 2, Block 4, Cattail Creek Subdivision Phase 1, City of Bozeman, Gallatin County, Montana; and WHEREAS, the use is to be located on property that is legally zoned as B-2 (Community Business District) zoning district; and WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman Department of Community Development's zoning application 15369; and WHEREAS, The Conditional Use Permit is required for the establishment of a community residential facility, the sales and on -premise consumption of alcohol and a proposed building height increase of 15% above the base maximum building height in the B-2 zoning district. in an B-2 zoning district; and WHEREAS, the Conditional Use Permit application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL 1. 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. SPRINGS AT BOZEMAN CUP 15369 PAGE 1 OF 6 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 2. A copy of the State Revenue Department alcohol license for the establishment shall be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. The right to serve alcohol to patrons is revocable based on complaints from the public or from the Police Department regarding violations of the City of Bozeman's open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 4. Any expansion of the uses or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 5. Lots 1-2, Block 4 of the Cattail Creek Subdivision Phase I shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to final plan approval. 6. Sidewalks along Catron Street and North 27th Avenue must be constructed in accordance with the City of Bozeman (COB) Design Standards and Specifications Policy and the City Modifications to the State Public Works Standard Specifications. 7. The drive approaches shall be constructed in accordance with the City's standard approaches per COB Standard Drawings 02529-12 and 02529-13 as applicable. A City curb cut and sidewalk permit must be obtained prior to installation. For clarity, the island proposed in the driveway off Catron Street is acceptable. 8. 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 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. Fire service plans, and domestic services 4" or larger, shall be a standalone submittal, separate from the FSP. Fire services, in addition to domestic services, shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 9. The Preliminary Design Report indicates connection of a 6 -inch water service to an existing 4 -inch stub onto the property. All water service connections shall be uniform size from the service line tap at the main to the building. The service lines must be sized at a minimum to not cause the velocity in the line to exceed ten feet -per -second when calculated by the fixture unit method (COB Design Standards and Specifications Policy). The domestic water meter is indicated as a 4 -inch meter, while the service is indicated as a 6 -inch service. Provide calculations for appropriate service line and meter sizing. SPIZINGS AT BOZEMAN CUP 15369 PAGE 2 OF 6 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 10. The Geotechnical Investigation Report indicates a footing drain is not required for the project (Figure 4). However, the report narrative on Page 7 indicates a 4 -inch perimeter footing drain must be installed. If the footing drain is installed, it may not discharge to the storm drainage system unless that system is designed with capacity for water from the footing drain. The footing drain may not be discharged to the sanitary sewer system. 11. The proposed sewer service does not have cleanouts. Provide cleanouts at appropriate spacing as necessary. It is recommended but not required that the service be located within the parking drive lane and not under the proposed sidewalk. 12. The Storm Drainage Calculations indicate a 12 -inch storm drain on the south side of the building, while the plan indicates a I0 -inch drain. Correct the storm drain sizing on the plan. 13. A stormwater drainage system maintenance plans shall be submitted with the final plan application. 14. All trees must be at least 10 feet from any public utilities or service lines. All utility lines must be shown on the final landscape plan. CODE REQUIREMENTS a. Section 38.21.050.17 BMC requires all mechanical equipment to be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. The final plan shall contain a notation that "No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid screen and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure." Additionally, a roof plan showing rooftop equipment with proposed screening shall be submitted with the final plan. b. Section 38.25.020 BMC requires adequate provision for snow storage in parking areas. Snow may not be deposited on public right-of-way or cause unsafe ingress/egress to the parking area. The snow storage area appears inadequate for the proposed parking area and conflicts with proposed landscaping. Sufficient storage area shall be shown on the final plan. c. Section 38.25.040.A.5 BMC requires bicycle parking facilities for residents and employees. Bicycle parking spaces shall be at least ten percent of automobile parking stalls and are to be in an accessible and visible location. 16 spaces bicycle parking spaces are required. Location of bicycle parking within storage area of decks for residential uses do not meet the requirement of this standard. The application has requested a reduction to provide eight spaces, yet only three are noted on the site plan. d. Section 38.27.020 BMC specifies the requirements for required park area dedication. A final calculation shall be provided to confirm required land dedication area. SPRINGS AT BOZEMAN CUP 15369 PAGE 3 OF 6 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION e. Section 38.27.030 BMC outlines the requirements for cash donation in -lieu of land dedication. These requirements shall be satisfied prior to final plan approval. f. Section 38.28.060.A BMC provides standards for the area, size, location and setbacks required for signs. The proposed site plan and sign specifications need to clearly demonstrate compliance with these standards on the final plan application. g. Section 38.41.080.A.2 BMC requires submittal of architectural floor plans that clearly depict proposes uses and activities within the building. Full floor plans clearly indicating the extent of the area for on -premise consumption of alcohol and interior floor layouts for each room shall be provided with the final plan. h. Section 38.23.170 BMC requires that the site plan shall have designated an area for temporary trash collection during construction. This area needs to be designated and added to the site plan prior to final plan approval. Section 28.26.040 BMC requires landscape plan review. Deciduous shrubs Spirea X Bumalda and Spirea X Cinerea are identified as the same initials on the plan. These need to be differentiated. Quaking Aspen spelling should be corrected. Details need to be provided on water feature and seat wall. j. Section 28.26.050.I BMC provides requirements for irrigation standards. The proposed irrigation schedule on Sheet L2.1 does not provide enough detail to review potential conflict areas. A final irrigation plan shall be submitted with the final plan application. k. Section 38.41.080 BMC requires that the site plan show the existing and proposed locations of utilities. The site plan lacks information on telephone, cable tv and/or internet connections. 1. Section 38.19.110.17 BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. in. Section 38.19.110.I BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is SPRINGS AT BOZEMAN CUP 15369 PAGE 4 OF 6 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130 BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. n. The transfer of water rights or the payment of cash -in -lieu of water rights shall be provided in accordance with Section 38.23.180 BMC prior to final site plan (FSP) approval. o. Section 38.23.070 BMC requires that the cutting of any city street be done in compliance with the City's Street Cut Policy. The required form and information can be found on the City's website at www.bozeman.net. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. q. An erosion and sediment control plan shall be prepared for the project and approved by the City's Stormwater Program Coordinator prior to FSP approval. r. Prior to building permit approval, an erosion and sediment control permit shall be obtained from the City's Stormwater Program Coordinator. The erosion and sediment control plan approved with the final site plan shall be utilized to obtain the erosion and sediment control permit. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above -noted conditions of approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the uses remains at the property addressed at 2632 Catron Street. DATED THIS DAY OF , 2015. I SPRINGS AT BOZEMAN CUP 15369 PAGE 5 OF 6 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Signature Printed Name Title STATE OF MONTANA :ss County of ) CORPORATION On this day of __, 2015, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the of corporation that executed the within instrument. the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Public for the State of Montana Residing at My Commission Expires: (Use four digits for expiration year) SPRINGS AT BOZEMAN CUP 15369 PAGE 6 OF 6