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HomeMy WebLinkAbout18275 Staff Report Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 1 of 23 Application No. 18275 Type Site Plan Project Name Rosa Apartments Phase 2 & 3 Site Plan Summary A Site Plan application to allow the construction of four 18-unit apartment buildings in two phases of the Rosa Apartments Master Site Plan area with parking, open space, and associated site improvements. 72 units will be constructed with this application. The subject property is on Lot 1, Block 1 within the Traditions Phase 3 Subdivision. Zoning R-4 Growth Policy Residential Parcel Size 9.08 acres Overlay District(s) N/A Street Address 4951 Sherwood Way, Bozeman, MT 59715. Legal Description Lot 1, Block 1, Traditions Phase 3 Subdivision, located in the East One-Half (E ½) of the Southeast One-Quarter (SE ¼) of Section 4, Township 2 South (T2S), Range 5 East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Owner Rosa Construction, Inc., 2264 Jackrabbit Lane, Bozeman, MT 59718 Applicant Rosa Construction, Inc., 2264 Jackrabbit Lane, Bozeman, MT 59718 Representative C&H Engineering, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Staff Planner Tom Rogers Engineer Bob Murray Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad N/A N/A N/A N/A Recommendation Approval Decision Authority Director of Community Development Date (/19/18 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715. Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 2 of 23 PROJECT SUMMARY The Rosa Apartments Phase 2 and 3 site plan Site Plan application to allow the construction of four 18-unit apartment buildings in two phases of the Rosa Apartments Master Site Plan area with parking, open space, and associated site improvements. Seventy-two units will be constructed with this application. The subject property is on Lot 1, Block 1 within the Traditions Phase 3 Subdivision. The subject property is within the Traditions subdivision. Traditions subdivision is a three-phased development consisting of single household detached dwellings, row houses, and phase 3 designed for multi-household development. Parkland, open space and the general vehicular and pedestrian circulation system was set out through the subdivision process. In June of 2017 the Rosa Master Site plan for the Rosa Apartment complex laying out building locations, parking, residential open space locations, internal drive access, and a five-year entitlement for the development was approved. The Rosa Apartments Phase 1 site plan application to allow the construction of two (2) 18 unit apartment buildings (36 dwelling units’ total), parking, open space, and associated site improvements as part of the Rosa Apartment Master Site Plan was reviewed and approved concurrently with the master site plan. Subsequently, The City’s development code was revised requiring all unbuilt buildings to conform the new development standards. In addition, all development within the City limits are subject to Design Review Board purview if meeting the DRB review thresholds listed below. This development triggers DRB review. Sec. 38.230.040. - DRB review thresholds. A. The review authorities are established in section 38.200.010 and as may be specified elsewhere in this chapter. B. The development review committee, design review board, and wetlands review board have the advisory authority established in division 38.200 of this chapter. C. DRB review thresholds. When a development is subject to design review and meets one or more of the following thresholds the design review board must conduct the design review: 1. Forty-five or more dwelling units; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Four stories or more; 4. Twenty thousand or more square feet of exterior storage of materials or goods; 5. Parking for more than 90 vehicles. The development is not within any overlay districts. Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 3 of 23 One departure is requested with this application. A request to reduce minimum ground level private outdoor space fence/hedge as required by section 38.520.0610.B.1(b), BMC. Any alternative design must meet or exceed the intent of this section. The intent of on-site residential open space is to: 1. To create useable space that is suitable for leisure or recreational activities for residents. 2. To create open space that contributes to the residential setting. 3. To provide plazas that attract shoppers to commercial areas. 4. To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the employees' and public's opportunity for active and passive activities, such as dining, resting, people watching, and recreational activities. 5. To enhance the character and attractiveness of commercial development. CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Conditions approval provided below are within the purview of the DRB. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development Recommended 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. 2. Those which may be identified by the DRB as recommended conditions. CODE PROVISIONS Development Review Committee comments are not complete as of the date of this report. 1. To be determined. Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 4 of 23 Figure 1: Current Zoning Map Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 5 of 23 Figure 2: Approved Master Site Plan Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 6 of 23 Figure 3: Phase 2 site plan Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 7 of 23 Figure 4: Phase 3 site plan Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 8 of 23 Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 9 of 23 Figure 4: Exterior elevations Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 10 of 23 Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 11 of 23 Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 12 of 23 Figure 5: 18-plex floor plan Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 13 of 23 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Residential Yes Zoning R-4, High Density Residential Yes Comments: The R-4 zoning district allows apartments and anticipates a density not less than 8 dwelling units per acre, net. The proposed development meets the standards for this zoning district. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. Staff did not identify any conflicts between the proposed use, the zoning, and the growth policy. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: There are no current violations on the subject property 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: The proposed uses of the site are consistent with the allowed uses of the R-4 district. No specific conflicts are identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, final plan documents, and approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The proposed apartment buildings are compatible with the general pattern of development in the area by continuing the variable density of Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 14 of 23 residential development. There are a variety of home styles with neighborhood and community facilities including parks, streets, open space, and other amenities to support further development. The architecture and building elements are equal to or of higher quality than adjacent properties. The applicant responded to staff direction to establish full street connectivity and circulation for the development integrating the site within the development and integrated in the neighborhood. The site plan provides appropriate parking and denotes proper circulation. The landscaping and non-vegetative landscape elements provide screening for the parking and circulation area. The site plan addresses the non-motorized transportation network through the provision of direct and efficient pedestrian connections to adjacent public sidewalks and shared use pathways. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Multi-household attached Yes Form and intensity standards 38.320 Yes Zoning R-4 Setbacks (feet) Structures Parking / Loading Yes Front 15 20 Rear 20 20 Side 5 5 Alley N/A N/A Comments: The proposed structures meet all R-4 zone district standards. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 N/A Applicable zone specific or overlay standards 38.330-340 Building Height Requirements 38.320.010-.060 Yes Lot coverage 4.5% Allowed 50% Height 36’11” Allowed 38 to 44’ with greater than 3:12 roof pitch Yes Comments: The proposed buildings do not exceed maximum height for the district. Each building permit will be evaluated to insure this standard is not exceeded. Building height and location, as well as roof form and slope comply with R-4 zoning requirements. General land use standards and requirements 38.350 Yes Comments: All architectural features, fences, applicable unique setback requirements, and use restrictions are met with the proposed application. Applicable supplemental use criteria 38.360 Supplemental uses/type Accessory Dwelling Unit N/A Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 15 of 23 Comments: No accessory dwelling units are proposed. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A Traffic Impact Study is included with this application. 179 residential units will be constructed at full build out. 36 have been completed and this application proposes an additional 72 to bring the total to 108. Based on initial analysis, the City of Bozeman has requested additional information regarding the traffic impacts from the Rosa Apartments residential development in Bozeman. In the review letter dated February 8, 2017, the City requested a review of the projected traffic impacts at the intersection of Durston Road and Cottonwood Road with additional traffic from the Lakes at Valley West Phases 3 & 4 to develop a 15-year traffic projection for the intersection. ATS obtained data from the City of Bozeman regarding the Lakes at Valley West project and updated the traffic calculations for the projected traffic volumes. The developments taken into account for this project to develop the 15-year projection now include the Rosa Apartments (194 units), the Valley West subdivision (55 units), Phase III of the Boulder Creek Subdivision (115 units), Westbrook Phases 1-3 (62 units), Westbrook Phase 4 Lot 5 (42 multi-family units), and the Lakes at Valley West Phases 3 & 4 (62 units). This data was used to recalculate the projected Level of Service at the Durston Road/Cottonwood Road intersection. This analysis suggests that the intersection will still function at LOS C with all of the developments anticipated in this area over the next 15 years. The detailed LOS summary is shown in the following table. See the attached traffic model and LOS calculations for more details. Therefore, it is likely that the LOS issues projected by 2040 at this location will be correctable with minor intersection improvements which will be identified in the future. The City’s plan to improve all of Cottonwood Road to a five-lane facility is appropriate based on the projected traffic volumes for this area. No additional roadway improvements specific to the Rosa Apartments would be necessary to address future traffic volumes. Street dedication N/A Yes Drive access locations and widths Yes Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 16 of 23 Number of drive accesses 1-alley Yes Street easements NA Special Improvement Districts NA NA Comments: Two vehicular access points are provided for this development with the throughway connecting the internal circulation and parking areas. The east access is from Twin Lakes Avenue and the western access is from Rosa Way. The development is bounded on all four sides with publicly dedicated rights-of- way. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area. Yes Vehicle accesses to site 2 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting has been thoughtfully integrated with the plan. Additional pedestrian access points connecting the site and building frontages with the street further integrate the development into the neighborhood. Therefore, the development meet this criterion. Crosswalks N/A Curb ramps N/A Pedestrian lighting N/A Comments: With the exception of street lighting, no parking area lighting is proposed. Building entrances are lit with full cut off lighting to enhance functionality and safety for residence. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community. Yes Access easements NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: Not required for this application. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 17 of 23 First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: Not applicable. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 N/A Rights of way for pedestrians alternative block delineation N/A Comments: None Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Rosa Construction, Inc. and the City of Bozeman entered into a CIL water for this development stipulating specific CIL for each phase of eh development. The agreement follows the adopted administrative order #2013-07. Site Surface Drainage and stormwater control 38.410.080 NA Location, design and capacity NA Landscaping per 38.410.080.H NA Comments: Municipal infrastructure serves the subject property. Existing City streets serve the development. No additional municipal infrastructure other than site utilities are required. The Engineering Division reviewed the utility layout from the public right-of-way and on-site and found compliance with the City’s standards. Grading 38.410.080 NA Maximum 1:4 slope requirements met NA Comments: NA 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes 7.9463 ac. X 12 units/ac. X 0.03 ac.= 2.86 ac. Cash donation in-lieu NA NA Improvements in-lieu NA NA Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 18 of 23 Comments: Parkland dedication was provided with the Traditions Major subdivision anticipating the proposed density of the development. Specifically, parkland dedication addressed with Rosa Apartment MSP (File 16-502). Total development; 7.9463 ac. X 12 units/ac. X 0.03 acres = 2.86 acres. 1.92 acres provided with Traditions Phase 3 plus 1.14 excess acres dedicated with Traditions Phase 1 subdivision = 0.2 acres extra. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? The Rosa Apartment complex was contemplated and underwent a master site plan and phase 1 site plan review and approval prior to the adoption of the revised development code which includes Article 5. Therefore, certain design considerations and standards are not subject to the new development code. Including internal sidewalk width, circulation, infrastructure layout, open space locations, and general building relationship. The proposed apartment buildings are compatible with the general pattern of development in the area by continuing the variable density of residential development. There are a variety of home styles with neighborhood and community facilities including parks, streets, open space, and other amenities to support further development. The architecture and building elements are equal to or of higher quality than adjacent properties. The applicant responded to staff direction to establish full street connectivity and circulation for the development that is integrated in the neighborhood. The site plan provides appropriate parking and denotes proper circulation. The landscaping and non-vegetative landscape elements provide screening for the parking and circulation area. The site plan addresses the non-motorized transportation network through the provision of direct and efficient pedestrian connections to adjacent public sidewalks and shared use pathways. Yes Block Frontage Standards 38.510 Yes Building Design 38.530 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Landscape block frontage applies to residentially zoned areas. The site plan meets minimum block frontage standards for building location, façade transparency, building entrances, weather protection, parking location, and landscaping. As noted above, sidewalk width is less than current standards because the project has received prior master site plan approval with five-foot sidewalks and not the current standard of seven-foot. Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 19 of 23 Building design, hyperlinked above, including character, massing and articulation, details, materials, and blank wall treatment are met with the proposed design. The large buildings employ variable rooflines, vertical and horizontal siding, and other efforts permitted by this section. The buildings exceed the maximum façade width but use a more significant façade articulation treatment and modulation that meets the standard to allow the larger façade width. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: Integrating comment from part 6a(2), conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 above, the design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area. Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting has been thoughtfully integrated with the plan. Additional pedestrian access points connecting the site and building frontages with the street further integrate the development into the neighborhood. Therefore, the development meet this criterion. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Site Planning and Design Elements 38.520 Comments: Pedestrian connections are provided to access the trail network on the west side of the property which connects other open space areas and parklands. In addition, direct pedestrian connections are provided from adjacent sidewalks to each building. Open space areas integrate additional pedestrian connections to facilitate movement and interactions within and out to the adjacent community. Further, delineated access is provided to refuse areas and the residential open space areas provide for the residence of the development. Landscaping Yes Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 20 of 23 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening Yes Parking lot screening N/A Interior parking lot landscape N/A Off-street loading spaces screening N/A Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Trees for residential adjacency N/A Performance points 23 Yes City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought- resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: Street frontage landscaping complies with requirements. Tree protection is proposed during construction. Required residential open space landscaping is provided. The applicant submitted a complete landscape and irrigation with the site plan application as required by Bozeman Municipal Code (BMC) and the plan complies with all applicable landscape standards. Street trees along Twin Lakes Avenue and West Oak Street are required and account for potential conflicts with underground public utilities. The plans demonstrate parking lot screening from residential adjacency by general site design and building placement. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 NA Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 21 of 23 Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 NA Open space Yes Comments: Required landscaping is provided and show in the landscape plan. Utility and mechanical screening is provided and meets minimum City standards. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 No Total required 10,800 sq/ft for phase 2 16,200 sq/ft for phase 3 Total provided 14,485 dq/ft in phase 2 16,885sq/ft in phase 3 Yes Comments: Required open space is shown on the site plan and detailed on the site plan for each phase as required by the City. The proposed design includes a combination of ground level patios, upper floor balconies, and additional communal opens space on site. In response to the revised development code, the residential open space areas include more amenities and landscaping to enhance the functionality and enjoyment of these areas. In addition, sufficient separation between parking lots via landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the shared open space and dwelling unit is provided. A departure requested accompanies this application. A request to reduce minimum ground level private outdoor space fence/hedge as required by section 38.520.0610.B.1(b), BMC. Any alternative design must meet or exceed the intent of this section. A determination of whether or not the proposed 18 inch wall meets the intent of this section is requested, 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: The proposed lighting meets standards. 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: NA Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 22 of 23 8a-c. Conformance with environmental and open space objectives in articles 4-6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill NA Grading Yes On-site retention/detention Yes Comments: The stormwater system plans have been reviewed and accepted by the City Engineering Department. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation Yes Comments: Still under review. Watercourse and wetland protections and associated wildlife habitats Yes If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Comments: The Baxter ditch and stream runs in a northwesterly direction on the west side of the development. A 50-foot watercourse setback is provide. Zone A and zone B areas are shown on the plans and the landscape plan includes watercourse- planting plan. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 Yes Watercourse setback planting plan Yes Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: The Baxter ditch and stream runs in a northwesterly direction on the west side of the development. A 50-foot watercourse setback is provide. Zone A and zone B areas are shown on the plans and the landscape plan includes watercourse- planting plan. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment No Yes Comments: Public notice was posted on-site and mailed to adjacent property owners as required by section 38.220. No comment has been received. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the Meets Code? Staff Report Rosa Apartments Phase 2&3 Site Plan Application: 18275 Friday, September 7, 2018 Page 23 of 23 development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Subdivision exemption N/A N/A Required Easements N/A N/A Reciprocal access and shared parking easement N/A N/A N/A Mutual access easement and agreement N/A Comments: Not applicable. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 5 Yes Comments: As noted early in this report, this is part of a five (5)-phase development following an approved master site plan layout. This application is to grant approval for phase 2 and 3. 13. Conformance with the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Meets Code? Overlay District Provisions N/A Comments: Not within an overlay district. Chapter 2: Guidelines for all properties N/A Comments: Not within an overlay district. Chapter 3: Guidelines for residential areas N/A Comment: Not within an overlay district.