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HomeMy WebLinkAbout20034 Staff Report Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 1 of 14 Application No. 20034 Type Site Plan Project Name Icon Apartments Phase B Summary Site Plan application for 120 residential units in seven buildings, containing a mixture of one, two, and three bedroom units and associated site improvements. Phase B will include the construction of parkland and improvements to West Babcock. Zoning R-O Growth Policy Residential Parcel Size 6.14 acres Overlay District(s) NA Street Address 4555 Fallon Street, Bozeman, MT 59718 Legal Description Lot 3A, Minor Subdivision 365, Section 10, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana Owner Bozeman Apartment Group Phase II, LLC Applicant Same as above Representative Tim Staub, Madison Engineering, 895 Technology Blvd. Suite 203, Bozeman, MT, 59718 Staff Planner Jacob Miller Engineer Anna Russell Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 5/31/20 to 6/16/20 5/30/2020 5/28/2020 N/A Advisory Boards Board Date Recommendation DRC, ADR in lieu of DRB due to COVID-19 DRC - 3/3/2020 ADR - 5/28/2020 None – Adequacy Determination Recommendation Approval with conditions 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 Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 2 of 14 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) to permit the construction of seven proposed apartment buildings on a 19.86-acre lot in minor subdivision 365 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 them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet 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 ______ day of ________________, 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. The approval of this Site Plan shall be effective for twelve (12) months from the date of Plan approval, which is the ______ day of __________________, 2021. At the end of this period the Director may, at the request of the developer, extend the approval in accordance with Ch. 38 Art.230, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with 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 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 3 of 14 Figure 1: Zoning and Vicinity Map Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 4 of 14 Figure 2: Growth Policy Map Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 5 of 14 Figure 3: Current Land Use Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 6 of 14 Figure 4: Site Plan Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 7 of 14 ANALYSIS AND FINDINGS Analysis and resulting recommendations 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-O Yes Comments: The uses are allowed within the zoning 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 including the following goals and objectives: - Objective LU-1.4: Provide for and support infill development and redevelopment that 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 project advances this objective by providing infill development matching the use seen in direct context surrounding the parcel at appropriate scales for the subdivision. - Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost and location with an emphasis on maintaining neighborhood character and stability. The project substantially complies with the growth policy by providing a substantial number of rental apartment units in an appropriate location relative to the adjacent residential housing types. 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 NA Condominium ownership NA NA Comments: No specific conflicts identified. 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. All residential units are proposed as rentals. 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. Architectural design, building mass, Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 8 of 14 building materials and character are compatible to the immediate environment of the site and neighborhood. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Apartments/Apartment buildings Yes Form and intensity standards 38.320 Yes Zoning R-O Setbacks (feet) Structures Parking / Loading Yes Front 15’ NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: The proposed dwellings are a principle use in R-O zoning. The proposed setbacks meet the minimum requirement. 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 Lot coverage 27% Allowed 60% Height Buildings C, 32’2” Building B, 32’ Buildings D, 32’2” Building E, 33’2” Allowed 4:12, 38’ 4:12, 38’ 4:12, 38’ 0:0, 34’ Yes Comments: Buildings B, C, and D have a primary roof pitch of 4:12 and a maximum height of 32’ and 32’2” respectively and are compliant with code. The lot coverage is well below the maximum allowable 60%. General land use standards and requirements 38.350 Yes Comments: All encroachments are in conformance to standards. Yes Applicable supplemental use criteria 38.360 Yes Supplemental uses/type None Yes Comments: The proposed development meets general land use standards. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA rental apartments 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 study was conducted with MSP 17542 and reviewed by engineering. Engineering found that the surrounding streets have adequate capacity to support the increased traffic demand. Street dedication No* Yes Drive access locations and widths Yes Number of drive accesses 2 accesses Yes Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 9 of 14 Street easements No* Special Improvement Districts (SID) No Yes Comments: Primary vehicular accesses are from Palisade Drive and South Stafford Ave which will be dedicated with the Icon Apartments Preliminary Plat 20027. Easements were recorded with the Master Site Plan 17542 as well which will serve to provide access in the interim. Parking requirements of 38.540 Required parking nonresidential NA Yes Required parking residential 227 Reductions nonresidential NA Reductions residential NA Provided parking off street 222 On street parking 16 Comments: Parking for the proposed 120 residential units is provided with a combination of driveway, garage parking, on street parking, and surface parking. 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 Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: The two vehicular accesses to the site are from Palisade Drive and South Stafford Ave (dedicated right-of-way from the Icon Apartments Preliminary Plat Application 20027) There are several pedestrian accesses proposed from Resort Drive, Palisade Drive, Stafford Avenue, and West Babcock The buildings fronting the perimeter streets all have pedestrian access to the residential units. All site improvements will be constructed prior to buildings. 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: *Palisade drive and South Stafford Ave to be dedicated with Preliminary Plat Application 20027. All access easements have been recorded with MASP Application 17542 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 10 of 14 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 Yes Comments: The block length on West Babcock exceeds maximum requirements due to the fact that vehicular access from a collector street is prohibited in the BMC. 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: *A CILWR agreement was signed on April 19,2018 with the MASP application 17542. CILWR will be paid prior to approval of Phase B. All utility easements were recorded through MASP Application 17542. Sanitary, storm and water infrastructure to be built with Phase B. Site landscaping is proposed with this application. Site Surface Drainage and stormwater control 38.410.080 Yes* Location, design and capacity Yes* Landscaping per 38.410.080.H Yes Comments: *Stormwater retention calculations were provided with the MASP application 17542. Open space stormwater lots are to be dedicated with the Icon Apartments Subdivision application 20027 Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Reviewed and approved by 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 Yes Park/Recreational area design Yes Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes 6.14 ac. X 4 units/ac. X ___ ac.= ___ Cash donation in-lieu(CIL) Yes Yes Improvements in-lieu Yes Yes Comments: Parkland dedication 1.61 acres, CIL of $126,981.76 were approved by City Commission on April 16, 2018. Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 11 of 14 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 NA Building Design 38.530 NA Location and design of service areas and mechanical equipment 38.520.070 NA Comments: This project was vested prior to block frontage standards being implemented in the BMC. The project is compatible with the immediate environment of the site and the adjacent neighborhoods. There are several apartment buildings adjacent to the site and other residential developments surrounding the perimeter streets. 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: All perimeter sidewalks were either existing or have been constructed with Phase A. There are pathways through both phases that connect to the dedicated park and the clubhouse as well as adjacent properties. There are internal circulation is adequate and connects to a park to be constructed with this phase. 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: Project conforms to requirements. 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 NA Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 12 of 14 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA Yes Proposed (sq. ft) NA Comments: No signage is proposed. 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 Irrigation: plan, water source, system type Yes, municipal, (sprinkler irrigation) Trees for residential adjacency NA 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: The project proposes boulevard trees and adheres to forestry and UDC requirements. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 Yes Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Comments: Project meets requirements. Open space is provided in accordance with municipal code prior to UDC update. Landscaping is provided and meets code. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 Yes Total required 44,200 sf Yes Total provided 50,082 sf Yes Comments: The open space requirements were approved through the MSP 17542 and meets open space requirements through a combination of private balconies and shared open space. 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 building mounted lighting and site lighting meets standards. Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 13 of 14 Comments: Project meets requirements. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: 3 dedicated open space lots for stormwater Yes Comments: The preliminary plat application 20027 will dedicate 3 open space lots for stormwater management. A stormwater management report was conducted by the applicant and submitted with the MSP 17542. Watercourse and wetland protections and associated wildlife habitats NA 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 NA Comments: The project is on entirely on it’s own lot and is not adjacent to existing public park or open space area. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 Yes Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: All site enhancements conform to watercourse setback requirements where the setback crosses into the parcel from the adjacent open space; no additional watercourse setback plantings are required. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment None Yes Comments: No public comment was received for this application. Details on the public notice period can be found on page one (1) of this staff report. 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 Yes Yes Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: Public access easements for internal circulation have been recorded with the MSP 17542. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 7 Yes Staff Report Icon Apartments Phase B Site Plan Application 20034 June 23, 2020 Page 14 of 14 Comments: Each building will be built in a different phase. Occupancy of the site will be tied to the first completed building and any incomplete site improvements, such as landscaping, open space, and sidewalks will be required to be financially guaranteed prior to occupancy.