HomeMy WebLinkAbout19460 Staff Report - Conditional ApprovalStaff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 1 of 22
Application No. 19460 Type Site Plan
Project Name Mountain Vista Housing Complex Site Plan
Summa ry A proposed 25-unit residential development in single and two-household building
configurations with associated site improvements on a 2.43 acre lot zoned R-2.
Zoning R-2 Growth
Policy
Residential Moderate Density District Parcel Size 2.43 Acres
106,053 Sq. Ft
Overlay District(s) None
Street Address 2829 W. Babcock St., Bozeman MT, 59718
Legal Description The SW ¼, Sec. 11, T. 2 S, R 5 E. of P.M.M., City of Bozeman, Gallatin County, MT.
Owner Glen Haven Properties, Inc., 1516 W. Babcock St. Ste 1, Bozeman, MT 59715
Applicant Ryan McIntosh – McIntosh Construction, mcintoshconstruction@bresnan.net
Representative C&H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718, dkirsch@chengineers.com
Staff Planner Danielle Garber Engineer Anna Russell
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
4/17/20 – 5/4/20 4/17/20 4/16/20 N/A
Advisory Boards Board Date Recommendation
NA NA
Recom mendation Approval
Decision Authority Director of Community Development Date
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 2 of 22
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A)PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan
described in this report was conducted. The applicant proposed to the City a Site Plan (SP) for a 25-unit residential
development in single and two-household building configurations with associated site improvements. The purposes of the
Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of
Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC;
and to determine whether the application should be approved, conditionally approved, or denied.
B)It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment
were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established
by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public
comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the
requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having
come before him regarding this application, the Director makes the following decision.
C)The Site Plan meets the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report
and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this
development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38,
BMC. On this 18th day of May, 2020, Martin Matsen, Director of Community Development, approved with conditions this
Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D)This Director of Community Development’s project decision may be appealed by filing a documented appeal and paying
an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final
decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 3 of 22
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
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. All grass seed must be financially guaranteed for a minimum period of two years prior to final occupancy of the
first building.
3. Site landscaping must be financially guaranteed prior to final occupancy of the first building.
4. All site infrastructure including the drive aisle, curb, cluster mailbox, bicycle parking, landscaping, sidewalks and
crosswalks must be completed or financially guaranteed, where appropriate, prior to occupancy of the first
building.
5. Payback assessments must be paid prior to Site Plan approval.
6. The applicant must provide a copy of the recorded Waiver of Right to Protest Creation of Special Improvement
Districts prior to Site Plan approval.
7. Provide DNRC exempt well approval prior to final site plan approval.
8. Cash-in-lieu of parkland must be reviewed by the Recreation and Parks Advisory Board Subdivision Review
Committee, be approved by the Director of Parks and Recreation, and be paid within 30 days of Parks and
Recreation approval, and no later than final occupancy for the first phase.
9. The 10-foot utility easement, and the 30-foot public access and utlity easement must be recorded prior to
building permit approval.
10. Cash-in-lieu of water rights must be paid prior to building permit approval.
11. The condominium association declaration must include the stormwater maintenance plan and be reviewed by
the City and recorded prior to occupancy of the first phase.
12. The condominium association declaration must include snow removal and maintenance responsibilities for all
pedestrian pathways, be approved by the City, and recorded prior to occupancy of the first phase.
CODE PROVISIONS
1. BMC Section 38.410.100.A.2.e. The Applicant must provide revised site and landscaping plans removing the
concrete sidewalk from zone 2 of the watercourse setback. This sidewalk must be replaced with a gravel fines
trail connection that terminates when the pathway meets zone 1 of the watercourse setback. These revisions
must be submitted prior to the final site plan approval.
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 4 of 22
Figure 1: Current Zoning Map
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
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Figure 2: Proposed site plan
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
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Figure 3: Proposed Architecural Site Plan
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
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Figure 4: Proposed Elevations, Design #1 (left) & #2 (right)
Figure 5: Proposed Elevations, Design #3 (left) & #4.1 (right)
Figure 6: Proposed Elevations, Design #4.2
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 8 of 22
Figure 7: Proposed Landscape Plan
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
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Figure 8: Proposed Phasing, Constrution, and Open Space Plan
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 10 of 22
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-2, Residential Moderate Density District Yes
Comments: The uses of 1 and 2-household structures are allowed withing the R-2 District. The property is
within the City’s municipal service area. Staff finds that the project does contribute to the goals of the growth
policy and the residential category including a blending of housing types to achieve the desired density between 6
and 32 dwellings per net acre, as well as the following goals and objectives:
Land Use Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit difference
in scale or design. This objective is met by providng infill development and housing on an
underutilized city zoned lot. The proposed development respects the the context of the existing
development surrounding the subject parcel of single and two story, one to four household
structures developed in R-3 zoning to the west, north and south. The growth policy encourages
development of urban density housing. That aspiration is balanced against other community
priorities and “new and existing development must coexist and remain in balance”. Appendix K,
Glossary, of the growth policy defines several terms to help the user understand how such
coexistence can occur. Compatible development is defined as “The use of land and the
construction and use of structures which is in harmony with adjoining development, existing
neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of
compatible development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation and open spaces and
parks.” Compatible land use is defined as “A land use which may by virtue of the
characteristics of its discernible outward effects exist in harmony with an adjoining land use of
differing character. Effects often measured to determine compatibility include, but are not
limited to noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.” As a residential use proposed to meet the required use, form, and
intensity of the R-2 zoning district, the objective of compatibility is met.
Housing Objective 1.1: Encourage and support the creation of a broad range of housing types
in proximity to services and transportation options. The proposed project meets this objective
because the subject parcel is located on an existing collector street, Babcock, with the adjacent
park trail to the east connecting to a north-south bike route along Virginia Way and Hunters
way, and an established east-west bike lane on Babcock. The Streamline bus system passes
by the proposed development with an existing route, and a bus stop 0.11 miles to the west at
Wilda Lane and Babcock. Nearby B-2 districts with services are approximately a half mile away
to the east along Babcock, including grocery and other shopping opportunities.
Community Quality Objective C-1.3: Support compatible infill within the existing area of the City
rather than developing land requiring expansion of the City’s area. This objective is met by
developing land within an existing annexed lot according to the adopted zoning standards of
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 11 of 22
the R-2 district. The code standards of the residential district ensure compatibility with adjacent
residential districts.
Design Guidelines Objective C-4.2: All new residential buildings should be designed to
emphasize the visually interesting features of the building, as seen from the public street and
sidewalk. The visual impact of garage doors, driveways, and other off-street parking will be
minimized and mitigated. This objective is met by providng drive access and private parking
internally, with three units fronting and architecturally addressing the public street and sidewalk
with direct pedestrian connections to the sidewalk.
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 Yes Yes
Comments: No specific conflicts were identified. Additional steps include infrastructure review by the
Engineering Division. Condominium review, completion of the conditions of approval with final plan
documents, and approval of building permits. The Building Division 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 site plan criteria are met with this project. The proposal is compatible and sensitive to the
immediate environment of the site and the adjacent neighborhoods. Further review will be required prior
to the construction of any structures or site work.
5. Conformance with zoning provisions of article 3 38.320.100 Meets
Code?
Permitted uses 38.310 Single and two-houshold dwellings Yes
Form and intensity standards 38.320 Yes
Zoning
R-2 Setbacks
(feet)
Structures Parking /
Loading
Yes
Front 15’ NA
Rear 20’ NA
Side 5’ 5’
Alley NA NA
Comments: R-2 zoning requires a front setback along Babcock (north property line) of 15-feet which the
application meets. The side setback of 5-feet is met along the west property line without encroachments.
As outlined in BMC Section 38.320.030, all proposed setbacks, lot coverage, and building height are
code compliant. The side setback along the east property line is extended to meet the 50-foot
watercourse setback for the upper Baxter Creek tributary that runs through the adjacent Babcock
Meadows park. A rear setback of 20-feet with allowable encorachments for the patios, design 4.2 in the
architectural plans, meets the zoning standard for patios and eave encroachment per Section
38.350.050.
Relationship to adjacent properties standards 38.520.030 (light and air access and
privacy) and angled setback plane 38.360.030
NA
Applicable zone specific or overlay standards 38.330-340 NA
Building Height Requirements 38.320.010-.060 Yes
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 12 of 22
Lot
coverage
29% Allowed 40%
Height 25’ 10” #1 5:12 Pitch
26’ 4” #2 5:12
25’ 8” #3 5:12
26’ 5” #4.1 5:12
26’ 8” #4.2 5:12
Allowed 28’
3:12 – 6:12 Pitch
Yes
Comments: Lot coverage of structures is 29% of the 2.4 acre lot meeting the zoning standard which allows a
maximum of 40% coverage by structures. Coverage with all structures and hardscape is 62.1%. Building
heights range from 25’ 8” to 26’ 8” for a 5:12 pitched roof, below the maximum height allowed of 28-feet.
General land use standards and requirements 38.350 Yes
Comments: The rear yard encroachment of 2-feet conforms to the allowable setback encroachments
outlined in 38.350.050.A.1 & A.3. The location of the garages off an internal drive aisle and not facing
Babcock Street meets the provisions of 38.350.070. The standards set forth in 38.350.070.D. are
inapplicable to this project because none of the garages face a street. Rather, the garages face an
internal drive aisle.
Applicable supplemental use criteria 38.360 Yes
Supplemental uses/type Townhouse and rowhouse dwellings. Yes
Comments: The proposed project is subject to the provisions of Section 38.360.240 and meets the
following provisions for rowhouses:
Parking and garage access in section B, no garages face the street, driveway standards are
being met.
Covered porches and 20 square feet of planted area for
enhanced entrances off an internal vehicular access in Section
C. Each unit with primary pedestrian access off the internal drive-
aisle is designed with a transitional porch and 50.75 square feet
of landscaping. See figure to the right from the Applicant’s
landscaping Plan Sheet L-1
Internal drive aisles reviewed by Engineering and for
International Fire Code in Section D. The internal drive acess is
designed with an at-grade embedded concrete sidewalk
pedestrian system, the specified minimum access road standard
according to the 2012 International Fire Code of 20-feet is
accomplished. A fire turnaround or hammerhead has been designed to meet 2012 International
Fire Code Appendix D for the main access drive into the site. The proposed design exceeds the
standard with two hammerheads configured into the access roads at the required 150-foot
length. No “on-street” parking is proposed in the drive aisle so the full width of the access is
preserved for emergency vehicle access.
Usable open space is provided as usable private open space equal to 10% of each unit’s living
space directly accessible and adjacent to each unit in compliance with Section 38.360.240.E,
see figure 8.
Building articulation equal to each unit’s width in Section F. See figures 4-6, entries, weather
protection features, and change in color of a single siding material provide articulation for
residential units per Section 38.530.040.C
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA NA
Affordable housing plan NA
Comments: NA, Affordable housing does not include condominium or rental units per Section
38.380.040.A.
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 13 of 22
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 No
Traffic Impact Study /
LOS
No Transportation grid
adequate to serve
site
Yes Yes
Comments: Based on the low amount of peak hourly trips generated by this project, a traffic impact study
was not required by the Engineering Division. BMC Table 38.400.090-1 requires access onto Collector
roads be at least 330 feet apart. Therefore, this project could not meet the secondary access
requirement. The requirement was waived by the DRC, which is allowable. This access was evaluated by
Engineering and Fire Department DRC members and found to be adequate per this section. A fire
turnaround in the form of a hammerhead has been provided with this project.
Street dedication NA Yes
Drive access locations and widths Yes
Number of drive accesses 1 Yes
Street easements NA
Special Improvement Districts Waiver Yes
Comments: A signed waiver of right to protest creation of special improvement districts was provided by
the applicant, condition of approval 6 requires a recorded copy of the waiver be provided prior to final site
plan approval.
Parking requirements of 38.540
Required parking residential 75 Yes
Required parking nonresidential NA
Reductions residential None
Provided parking off street 100
On street parking None
Comments: The demand for parking generated by the proposed residences is 75 parking spaces. A
breakdown of the demand by unit type is:
Type 1, 2 units at 3 bedrooms each = 6 parking spaces required
Type 2, 1 unit at 3 bedrooms = 3 parking spaces required
Type 3, 2 units at 3 bedrooms each = 6 parking spaces required
Type 4.1, 12 units at 3 bedrooms each = 36 parking spaces required
Type 4.2, 8 units at 3 bedrooms each = 24 parking spaces required
Parking to satisfy the required demand is provided off-street through a combination of interior garage
stalls and stacked spaces in private driveways. Floor plans show each of the 25 units with a garage that
meets the two car dimensional standards in this section of 20-feet wide by 22-feet deep, interior wall to
interior wall. Each of the 25 garages is accessed from the internal drive aisle by a private driveway. All
private driveways are sized to accommodate two stacked parking spaces in front of the garage door at 9-
feet by 18-feet each. The total provided parking for the proposed project is 100 spaces. 10 bicycle
parking spaces are to be provided in the form of 5 inverted-U racks located along the central drive access
meeting the standards of this section.
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 1 Yes
Pedestrian access location(s) Yes
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 14 of 22
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
Yes
Crosswalks Yes
Curb ramps NA
Pedestrian lighting NA
Comments: Three units front Babocck Street and direct pedestrian connections to the sidewalk will be
provided. A sidewalk is proposed to be constructed at grade on the east side of the north-south oriented drive
aisle with stamped concrete crosswalks where the pathway crosses a drive access. The north-south oriented
sidewalk will connect each unit to the public street as required by this section. Two east-west sidewalks on the
south side of each drive access will be constructed at grade with the drive aisle. These east-west sidewalks
will connect the pedestrian to the north-south access as well as the existing trail system in the park to the east.
Where there is no sidewalk on the north side of each east-west drive access, stamped concrete crosswalks
are proposed to each set of private driveways connecting the pedestrian on the north side of the drive access
to the pedestrian circulation system. No curb ramps are proposed as sidewalks are designed at grade with the
drive aise. No pedestrian lighting is proposed. Condition of approval approval 12 requires that the condominium
association declaration must include snow removal and maintenance responsibilities for all shared pedestrian
pathways, be reviewed and approved by the City prior to occupancy of the first building.
BMC Section 38.400.080.A. and block frontage standards for sidewalks are inapplicable because this project
utilized internal drive aisles rather than public or private streets, except for the northern side of the project that
fronts on Baxter where applicant has proposed a compliant City standard sidewalk.
Adequate connection and integration of the pedestrian and vehicular transportation
systems to the systems in adjacent development and the general community
Yes
Access easements Yes Yes
Dedication of right-of-way or easements necessary for pedestrian, shared use pathway
and similar transportation facilities
Yes
Comments: A 30-foot public access and utility easement is required through the site. Condition of
approval 9 requires this easement and the 10-foot public utility easement be recorded prior to building
permit approval.
6a(3) Loading and Unloading areas Meets
Code?
Loading and unloading area requirements 38.540.080 NA
Loading and unloading NA NA
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: NA. No off-street loading berths are required for this use.
6b Community design and element provisions 38.410 Meets
Code?
Lot and block standards 38.410.040 Yes
Rights of way for pedestrians alternative block delineation NA
Comments: Lot is in conformance with the lot and block standards.
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Municipal infrastructure requirements Yes
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 15 of 22
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: CIL water rights will be collected prior to building permit approval, see condition of approval 10.
Water and sewer services are available from Babcock Street. A combination of site grading of pavement,
curb and gutter, a retention pond, and underground infiltration chambers will be used to manage stormwater
runoff on the site. The stormwater design report was evaluated by the Engineering Division for compliance
with adopted standards. A new 10-foot utility easement is required along Babcock Street, a 30-foot access
and utility easement for water and sanitary sewer is required through the site. Private utilities are to be
accessed from Babcock. Public and private utility design was evaluated by Engineering and the
Development Review Committee (DRC).
Site Surface Drainage and stormwater control 38.410.080 Yes
Location, design and capacity Yes
Landscaping per 38.410.080.H Yes
Comments: A combination of site grading of pavement, curb and gutter, a retention pond, and underground
infiltration chambers will be used to manage stormwater runoff on the site. The stormwater design report was
evaluated by the Engineering Division for compliance with adopted standards. Native grass seed will be
used at the retention pond and the pond will be landscaped with wetroot tolerant small trees and boulders
meeting the required landscaping piece for grading and drainage design.
Grading 38.410.080 Yes
Maximum 1:4 slope requirements met Yes
Comments: Site grading was found to be adequate by the Engineering Division.
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 12.98 du / acre (capped at 10 du/acre R-2 zoning)
10 DU x 1.930 Net Acres = 19.3 DU
19.3 DU x 0.03 Acres/DU = 0.58 Acres or 25,264.8 SF of
Cash-in-lieu of parkland.
Yes
25,264.8 SF x City Approved Land Value of $1.60/SF =
$40,423.68
Cash donation in-lieu(CIL) $40,423.68 Yes
Improvements in-lieu NA NA
Comments: Cash-in-lieu of parkland was proposed according to Resolution #4784. The Recreation and
Parks Advisory board Subdivision Review Committee must review the proposal and provide a
recommendation to the Director of Parks and Recreation who is responsible for the final decision.
Condition of approval 8 requires cash-in-lieu of parkland be reviewed, approved, and be paid within 30
days of Parks and Recreation approval, and no later than final occupancy for the first phase. The
proposed development is situated next to a small watercourse and existing park with a pedestrian trail.
This trail system provides an off-street connection to Bozeman Ponds Park which is approximately ¼ mile
to the west and southwest from the proposed development. This park contains several amenities
including a basketball court, trails, a beach, a dog beach and fenced off-leash facilities, a climbing
boulder, fishing docks, and pavilion shelter. The project is within ½ mile (10-minute walk) of over 10
other parks and trail cooridors including neighborhood parks, community parks, pocket parks and linear
parks (trails) and schools with playgrounds. The expansion of the adjacent park in an area with an
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 16 of 22
abundance of parks of high level of service and diverse facilities is not desireable. Furthermore, this infill
project is in an area already targeted for trail enhancements by the Parks Division and Gallatin Valley
Land Trust and it is within ½ mile of the skate park with plans for expansion. The Parks Division supports
the proposal of Cash-in-lieu of parkland for the entire parkland requirement to contribute to the
aforementioned projects.
7a-c. Conformance with the project design provisions of Article 5, Compatibility,
Design and Arrangement
Meets
Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development relative to architectural design,
building mass, neighborhood identity, landscaping, historical character, orientation of
buildings on the site and visual integration
Yes
Block Frontage Standards 38.510 – Landscaped NA
Building Design 38.530 NA
Location and design of service areas and mechanical equipment 38.520.070 NA
Comments:The parcel has a landscaped block frontage along Babcock. Per 38.510.010.B, Block frontage
provisions do not apply to single to four-household dwellings in any configuration. Per 38.530.020, Building
Design provisions do not apply to single, two, three, and four-household dwellings on individual lots. Since
this development is propoising one and two-househld vertically integrated structures on a shared lot, the
townhouse and rowhouse standards do apply and were discussed above in Section 5 of this report, including
building articulation and design.
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 NA
Non-motorized circulation and design 38.520.040 Yes
Vehicular circulation and parking 38.520.050 Yes
Comments: As discussed above there are three main 5-foot wide pedestrian pathways through the site, two
east-west, and one north south. These conections provide all structures with a connection to the public
sidedwalk along Babcock Street, and the trail system in the adjacent parkland. These pathways are required
to be constructed of concrete, with stamped crosswalks where the pathway meets a drive aisle. The
proposed drive aisles meet design standards in the townhouse and rowhouse section discussed above, and
were evaluated by Fire and Engineering for design and safety.
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 Yes
Comments: Other than non-motorized circulation and design, and utility meter screening, no other provisions
of this section apply. The on-site residential open space is provided according to the townhouse and
rowhouse standard in Article 3, and individual garbage totes with common collection points will be provided
negating the need for service area enclosures. Solid Waste reviewed the plans and supports the use of
individual totes in this manner. Utility meters for private utilities are proposed to be located between buildings
and screened with vegetation.
Landscaping Yes
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?
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Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 17 of 22
Submittal requirements for landscape plans 38.220.100 Yes
Mandatory landscaping 38.550.050 Yes
Yard Yes
Additional screening NA
Parking lot screening NA
Interior parking lot landscape NA
Off-street loading spaces screening NA
Street frontage Yes
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas NA
Irrigation: plan, water source, system
type
Yes
Trees for residential adjacency Yes
City rights-of-way and parks Yes
Tree plantings for boulevard ROW, drought-resistant seed NA
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: A landscaping plan meets the applicable mandatory requirements in this section including
street trees and irrigation in the public ROW boulevard, yard landscaping, the use of drought tolerant
species, trees in the rear setback for residential adjacency every 50-feet, and wetland setback plantings
for zone 2 of the adjancent watercourse setback. This landscaping is to be irrigated with a new exempt
irrigation well, condition of approval 7 requires the applicant to provide DNRC exempt well approval prior
to final site plan approval.
Site planning and design required 38.520 Yes
Pedestrian area landscaping, including pathways and internal circulation 38.520.040 NA
Internal roadway landscaping 38.520.050 NA
Open space landscaping 38.520.060 NA
Service area and mechanical equipment landscaping and screening 38.520.070 NA
Open space NA
Comments: All applicable site planning and design elements are provided. Open space is to be provided
according to the townhouse and rowhouse provisions in Section 38.360.240.
7e. Conformance with the project design provisions of Article 5, Open Space Meets
Code?
Open Space Section 38.520.060 NA
Total required NA NA
Total provided NA NA
Comments: Open space per this section is not applicable. See Section 5 of this report for the required
townhouse and rowhouse open space provisions.
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) NA
Minimum light trespass at property line Yes
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 18 of 22
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, no signage proposed at this time.
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
Yes
Grading Yes
On-site retention/detention Yes
Comments: Site grading and stormwater design has been reviewed by engineering for compliance with
standards. Native grass seed and wet-root tolerant plants will be utilized at the retention pond that drains to
an underground infiltration chamber. Drainage analysis was provided by C&H Engineering and reviewed by
the engineering division.
Drainage design Yes
Stormwater maintenance plan 38.410.030.A Yes
Stormwater feature: landscaping amenity, native species, curvilinear, 75% live
vegetation
Yes
Comments: See comments above. Condition of approval 11 requires the stormwater maintenance plan to be
included in the condominium association documents and recorded prior to occupancy of the first building.
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
Yes
Comments: A small watercourse and park with a pedestrian trail lies directly to the east of the subject
property. Native grasses will be re-established where the watercourse setback intersects this project’s side
yard. Three plant groups of small trees (16 total) and shrubs (28 total) are proposed in zone 2 of the 390 foot
long setback. This meets the watercourse setback planting standard of one tree and shrub every 30-feet.
Condition of approval 13 requires applicant to revise the final site plan to ensure compliance with BMC
Section 38.410.100.A.2.
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 NA
Wetland regulations 38.610 NA
Comments: See comment above.
10. Other related matters, including relevant comment from affected parties
38.220
Meets Code?
Public Comment Yes Yes
Comments: The public notice period is detailed on page 1 of this report. Six letters of public comment
were received during that period, they are summarized below, and located in the project file. See Section
1 of this report for general conformance to and consistency with the City’s adopted growth policy
including compatible infill.
Comments: Only building mounted lighting is proposed at front and rear building entries. The photometric
plan confirms that there will be no light trespass onto adjacent properties.
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 19 of 22
4-22-20, P. Snyder
o Comments: Density, quality of architectural design including mirroring of units and
exterior material colors, preference for single-household uses to front Babcock and be
used internally, alignment of drive access with Michael Grove and need for a crosswalk
across Babcock, open space, and retention pond landscaping.
o Staff Analysis: The density meets the form and intensity standards detailed in Section 5
above and outlined in Section 38.320.030, including setbacks, lot coverage, and height.
Open space requirements are met per the townhouse and rowhouse standard detailed
in Section 5 above and outlined in Section 38.360.240.E which requires open space
area for each unit equal to 10% of the building living space, not counting automobile
storage. The applicant provided the required open space in the form of usable private
open space directly adjacent and accessible to each dwelling unit in the required
dimensions. The uses of two-household attached structures (duplexes) is allowed by
the R-2 zoning per Section 38.310.030. The retention pond landscaping meets the
landscaping standards in Section 38.410.080 for stormwater detention/retention
facilities. The building design standards of Section 38.360.240.F, are being met by the
use of entries, weather protection features, and articulation of a single building material
through varying colors. Per Section 38.400.090., driveway intersections must be across
from existing roads or at least 330’ apart; this project is directly across from Michael
Grove Avenue and meets this requirement. The proposed drive entrance into this
project will not be a street and therefore will not be an intersection. The City’s Design
Standards, mid block crosswalkws are discouraged and Engineering determined a
crosswalk is not warranted in this location. There is an existing crosswalk
approximately 250 feet to the east.
4-30-20, J. Reidelbach
o Comments: Density, side setbacks along west property line, adequate parking, and
parkland and open space comments.
o Staff Analysis: The density meets the form and intensity standards detailed in Section 5
above and outlined in Section 38.320.030 BMC, including setbacks, lot coverage, and
height. Side setbacks are defined in Section 38.700.170 as a “setback extending
between the front building line and the rear building line, the width of which is the least
distance between the side lot line and the nearest part of the principal building.” With a
front setback along the north property line, along Babcock Street, and the south
property line constituting the rear setback, the 5-foot side setbacks along the west
property line meet this definition. No setback encroachments are proposed by the
applicant. Parking is evaluated in Section 5 above. One space per bedroom for each 3
bedroom units requires 75 spaces. 25 spaces in excess of the minimum required
parking spaces is proposed. Fire lanes will be signed and painted to ensure access is
maintained along the main north-south drive access. Open space requirements per the
townhouse and rowhouse standard detailed in Section 5 above and outlined in Section
38.360.240.E which requires open space area for each unit equal to 10% of the
building living space, not counting automobile storage. The applicant provided the
required open space per the townhouse and rowhouse standard detailed in Section 5
above and outlined in Section 38.360.240.E in the form of usable private open space
directly adjacent and accessible to each dwelling unit in the required dimensions.
Section 38.420 outlines park area requirements for development. The applicant has
proposed paying cash-in-lieu of parkland according to Resolution 4784 and this
proposal will be evaluated by the Recreation and Parks Advisory Board (RPAB)
Subdivision Review Committee. This proposal must be accepted by the Parks
Department Director and be paid within 30 days of Parks and Recreation approval, and
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 20 of 22
no later than final occupancy for the first phase. The Parks Department staff supports
the cash-in-lieu proposal.
5-1-20, T. Montee
o Comments: Setbacks along west property line, parking, and density.
o Staff Analysis: The density meets the form and intensity standards detailed in Section 5
above and outlined in Section 38.320.030 BMC, including setbacks, lot coverage, and
height. Side setbacks are defined in Section 38.700.170 as a “setback extending
between the front building line and the rear building line, the width of which is the least
distance between the side lot line and the nearest part of the principal building.” With a
front setback along the north property line, along Babcock Street, and the south
property line constituting the rear setback, the 5-foot side setbacks along the west
property line meet this definition. No setback encroachments are proposed by the
applicant. Parking is evaluated in Section 5 above. One space per bedroom for each 3
bedroom unit requires 75 spaces. 25 spaces in excess of the minimum required
parking spaces is proposed.
5-3-20, A. Becker
o Comments: Density, adequate parking, west side setback, height and roof pitches, infill
compatibility.
o Staff Analysis: The density meets the form and intensity standards detailed in Section 5
above and outlined in Section 38.320.030 BMC, including setbacks, lot coverage, and
height. Side setbacks are defined in Section 38.700.170 as a “setback extending
between the front building line and the rear building line, the width of which is the least
distance between the side lot line and the nearest part of the principal building.” With a
front setback along the north property line, along Babcock Street, and the south
property line constituting the rear setback, the 5-foot side setbacks along the west
property line meet this definition. No setback encroachments are proposed by the
applicant. Section 5 above details the height requirments of the proposed 5:12 roof
pitches, all units are below the maximum height of 28-feet. Parking is evaluated in
Section 5 above. One space per bedroom for each 3 bedroom unit requires 75 spaces.
25 spaces in excess of the minimum required parking spaces is proposed. Fire lanes
will be signed and painted to ensure access is maintained along the main north-south
drive access. Compatibility of infill development and conformance with the growth
policy is discussed in Section 1 above.
5-3-20, J. Tomlinson – Comments on growth, community character, and neighborhood
compatibility. Staff Analysis: Compatibility of infill development and conformance with the growth
policy is discussed in Section 1 above. Specific comments and analysis are provided related to
the following Sections:
o Section 38.400.010.A.8 – Second or emergency access required. Staff Analysis: The
applicant proposed a single access due to site constraints. BMC Table 38.400.090-1
requires access onto Collector roads be at least 330 feet apart. Therefore, this project
could not meet the secondary access requirement. The requirement was waived by the
DRC, which is allowable.This access was evaluated by Engineering and Fire
Department DRC members and found to be adequate per this section. A fire
turnaround or hammerhead has been designed to meet 2012 International Fire Code
Appendix D for the main access drive into the site. Their design exceeded
requirements with two hammerheads configured into the access roads.
o International Fire Code Sec. 503.2.1 – Fire apparatus access roads. Staff Analysis: As
there is not a code provision prohibiting the inclusion of grade/road level and vehicle
weight designed concrete walkways as part of access road as prescribed in 2012
International Fire Code 503.2.1. The specified minimum access road width of 20 feet is
accomplished, on average the width dimension is 24 feet.
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 21 of 22
o Section 38.410.100.A.2.e.3 – Sidewalks in watercourse setbacks – Staff Analysis: Staff
agrees with the comment. A trail is permissible per this section A.2.e(2). Staff has
included a new code provision to address this issue and the applicant must revise the
final plan.
o Section 38.350.070.D.1 – Residential garage width standards. Staff Analysis: These
standards only apply when a garage door faces a street not an internal access.
o Section 38.400.010.A.5 – Dead-end streets and alleys must comply with the
International fire code requiring a maximum 150-feet. Staff Analysis: A fire turnaround
or hammerhead has been designed to meet 2012 International Fire Code Appendix D
for the main access drive into the site. Their design exceeded the standard with two
hammerheads configured into the access roads. The 150 foot length is determined
from road section start after corner to end, the proposed development is meeting the
150 foot standard.
o Snow storage – Snow removal storage in 5-foot setback and adjacent property to the
west. Staff Analysis: The code only prohibits snow storage in City right-of-way, over
landscaping that can be damaged, or in required parking areas. Snow storage can be
located within setbacks, but snow melt must be contained on the property. The site
drainage topography plan shows snow melt will be contained onsite.
o Section 38.400.080.A – City standard sidewalks on all public and private streets. Staff
Analysis: This is a drive access, not a public or private street. Therefore, 38.400.080.A.
is inapplicable to this project, except for the northern side of the project that fronts on
Baxter where applicant has proposed connections to a compliant City standard
sidewalk.
5-4-20, W. Gehl
o Comments: Side setbacks and parking.
o Staff Analysis: The density meets the form and intensity standards detailed in Section 5
above and outlined in Section 38.320.030 BMC, including setbacks, lot coverage, and
height. Side setbacks are defined in Section 38.700.170 as a “setback extending
between the front building line and the rear building line, the width of which is the least
distance between the side lot line and the nearest part of the principal building.” With a
front setback along the north property line, along Babcock Street, and the south
property line constituting the rear setback, the 5-foot side setbacks along the west
property line meet this definition. No setback encroachments are proposed by the
applicant. Parking is evaluated in Section 5 above. One space per bedroom for each 3
bedroom unit requires 75 spaces. 25 spaces in excess of the minimum required
parking spaces is proposed. Fire lanes will be signed and painted to ensure access is
maintained along the main north-south drive access.
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 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
Meets Code?
Subdivision exemption NA NA
Required Easements Utility easement Yes
Reciprocal access and
shared parking easement
NA NA NA NA
Staff Report
Mountain Vista Site Plan Review
Application 19460
May 15, 2020
Page 22 of 22
Mutual access easement
and agreement
Yes Not yet recorded Yes Yes
Comments: A new 10-foot utility easement along Babcock Street, and a 30-foot public access and utility
easement through the site were required by the DRC. Condition of approval 9 requires these easements
be recorded prior to building permit approval.
12. Phasing of development 38.230.020.B including buildings and
infrastructure
Meets Code?
Phasing Yes # of phases 14 Yes
Comments: Phase 1 includes the southwest structure and all site infrastructure including the drive aisle,
curb, mailbox, bicycle parking, landscaping, sidewalks, and crosswalks. Condition of approval 4 requires all
functional aspects of the site be completed prior to occupancy of the first building. Landscaping may be
financially guaranteed for one year, grass seed must be financially guaranteed for two years. After phase 1,
each subsequent building may receive final occupancy according to their construction schedule and
inspection by Water and Sewer, the Building Division, and Fire Department. See figure 8.
13. Standards for certificate of appropriateness 38.340.050 Meets Code?
Certificate of appropriateness standards NA
Secretary of the Interiors Standards for new construction NA
Architectural appearance NA
Proportion of doors and windows NA
Relationship of building masses and spaces NA
Roof shape NA
Scale NA
Directional expression, with regard to the dominant horizontal or vertical expression
of surrounding structures
NA
Architectural details NA
Concealment of non-period appurtenances, such as mechanical equipment NA
Materials and color schemes NA
Comments: NA, not in an overlay district.