HomeMy WebLinkAbout15- Remington Apartments Site Plan and Conditional Use Permit Application 15433BOZEMAN MT
Planning
November 3, 2015
Laura Dornberger
1007 E Main Street
Bozeman, MT 59715
RE: Remington Apartments Site Plan and Conditional Use Permit Application 15433
Dear Ms. Dornberger,
On November 2, 2015, the City Commission preliminarily approved your application to allow
a preliminary Site Plan and Conditional Use Permit (CUP) with parkland dedication and
improvements in -lieu request application to allow the construction of two apartment
buildings with a total of 48 dwelling units with associated parking and site improvements.
The conditional uses proposed include: establishment of a residential use on the ground
floor and proposed buildings height increase of 10% above the base maximum building
height in the B-2 zoning district on property located at 2220 Remington Way, 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
May 2, 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 public park easement shall be recorded for that portion of Lot 3 reserved for the park
and shall be recorded and executed at the Gallatin County Clerk and Recorder's Office
prior to final plan approval.
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
3. The proposed public park shall meet Americans with Disabilities Act (ADA) standards
including: 1) At least one position of the picnic tables shall be barrier -free (i.e., no seat);
2. Adequate turning movement and passing zones shall be designed for all walkways and
all recreational equipment.
4. Residential parkland requirement shall be satisfied through utilization of parkland, cash -
in -lieu, or other approved process by the City Commission, per Section 38.27.030 BMC.
Whichever course of action is chosen, the terms of Section 38.27 Parkland Requirement
-
shall be completed and approved by the City Commission prior to final site plan approval.
Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plan materials.
5. Park improvements in -lieu ofparklanddedication shall be a minimum of $34,891.00
based on the fair market value of improvements and labor costs as shown on the park
plan in excess of minimum standards under Section 38.27.080, BMC. The final plan
submittal shall include independent cost estimates for installed requirement and
associated labor cost. Any modifications from the approved park plan and cash -in -lieu
summary may require Commission review and approval.
6. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
Engineering Conditions:
7. A stormwater maintenance plan shall be submitted prior to FSP approval.
8. Low impact development practices must be uSed that infiltrate, evapotranspire, or capture
for reuse the runoff generated from the first 0.5 inches of rainfall from a 24-hour storm
preceded by 48 hours of no measurable precipitation. The proposed d_-etention and retention
facilities will serve this purpose; however, the 0.5 -inch rainfall requirement must be
calculated by the applicant's engineer and compared to the post -development runoff
calculations to determine which scenario controls sizing of the proposed ponds.
9. Pians and specifications -for any fire service line must be -prepared -in accordance -with the
City's-Fireervice Line Poo icy by�fessional ngineer an -be provided d 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
the he FSP. t Fire cor„iroc shall be shove-, with sizes labeled, on the FSP from main to building
VII ll II. 1 1 Jl.l V II.I.J J11
and approved by the Water/Sewer Superintendent. City of Bozeman applications for service
shall be completed by the applicant.
10. The applicant must check the proposed 2 -inch water services sizing against the requirements
as outlined in the City of Bozeman Design Standards and Specifications Policy prior to FSP
approval. When calculated by the Fixture Unit Method, as specified in the Uniform Plumbing
Code, the velocity in the service lines shall not exceed 10 feet -per -second.
11. A locking lid shall be placed on the proposed stormwater drywell to allow access only to
maintenance personnel, and manhole steps shall be included in the drywell such that if
someone were to accidentally fall into the drywell, they can safely egress.
12. A mutual access easement is required for the southern, joint access with the property to the
south to allow legal use of that access. A copy of the mutual access easement shall be
submitted with the final submittal materials. Easements and R/W located on and
adjacent to the site shall be depicted and labeled appropriately.
13. The previous traffic impact study (TIS) prepared for the underlying subdivision was completed
in 1997. The TIS needs to be updated to define the impact of traffic from the proposed
development and any necessary mitigation measures on the surrounding transportation
system. This is a condition of FSP approval.
Code Provisions, Bozeman Municipal Code (BMC):
a. Section 38.19.120 BMC requires that the final plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-
way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services;
(4) Water; and (5) Sewer (sanitary, treated effluent and storm). The final plan submitted shall
show the most recent version of public and private utility locations.
b. 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.
c. Section 38.19.110.1 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. Prior to building permit approval, an erosion and sediment control permit shall be obtained
from the City's Stormwater Program Coordinator. The erosion and seUirrient 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,
4"eoL 06LA�
Heather Davis
Associate Planner
Encl: CUP Recorded Document
C: Anderson Development LLC, 3424 E US Highway 12, Helena, MT 59601
City Clerk's Office