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HomeMy WebLinkAbout20054 Staff Report Staff Report Collins Apartments Application 20054 October 20, 2020 Page 1 of 12 Application No. 20054 Type Site Plan Project Name Collins Apartments Summary Site Plan application for a 16-unit apartment complex on two lots consisting of four separate buildings with associated open space. Zoning R-3 Growth Policy Residential Parcel Size 1.109 - Acres Overlay District(s) NA Street Address 3233 & 3271 Warbler Way, Bozeman, MT 59718 Legal Description Lots 2 & 3, Cattail Creek Subdivision Phase 3, Section 35, Township 1 South, Range 5 East, Block 1, Plat J-415 Owner Shane Collins Construction Inc (Lot 2) & Door 5 LLC (Lot 3), PO Box 11090, Bozeman, MT 59715 Applicant Same as owner Representative Chris Budeski, Madison Engineering, 895 Technology Blvd Suite 203, Bozeman, MT 59715 Staff Planner Jacob Miller Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 7/3/20 to 7/20/20 7/3/20 7/2/20 N/A Advisory Boards Board Date Recommendation DRC 3/11/2020 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 Collins Apartments Application 20054 October 20, 2020 Page 2 of 12 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 rowhouses on a 1.8-acre lot in the Southbridge subdivision 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 20th day of October, 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 20th day of October, 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 Collins Apartments Application 20054 October 20, 2020 Page 3 of 12 Figure 1: Zoning and Vicinity Map Staff Report Collins Apartments Application 20054 October 20, 2020 Page 4 of 12 Figure 2: Growth Policy Map Staff Report Collins Apartments Application 20054 October 20, 2020 Page 5 of 12 Figure 3: Site Plan Staff Report Collins Apartments Application 20054 October 20, 2020 Page 6 of 12 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-3 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 intensity of 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. This project advances this goal by adding additional housing density within a previously developed parcel. The project substantially complies with the growth policy by placing urban density dwelling units arranged with consideration of compatibility of adjacent development. 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 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. The condominium declaration and covenants will be reviewed for state and local compliance prior to recordation. 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 Collins Apartments Application 20054 October 20, 2020 Page 7 of 12 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 Two-household and three-household dwellings Yes Form and intensity standards 38.320 Yes Zoning R-3 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-3 zoning. The proposed setbacks meet the minimum requirement. There are no garages proposed to face the street. 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 35% Allowed 40% Height 40’ Allowed 6:12 40’ Yes Comments: All buildings have a roof pitch of 6:12 and a height of 40’, which is allowable. 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 Townhouse and rowhouse dwellings Yes Comments: The proposed development is meeting the townhouse and rowhouse standards including parking and garage access, usable open space, and building design. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 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 No Transportation grid adequate to serve site Yes Yes Comments: A traffic study was not required by the Engineering Division. Vehicular access to the units is achieved via Warbler Way. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1 access Yes Street easements NA Special Improvement Districts (SID) NA Yes Staff Report Collins Apartments Application 20054 October 20, 2020 Page 8 of 12 Comments: NA Parking requirements of 38.540 Required parking nonresidential NA Yes Required parking residential 48 Reductions nonresidential NA Reductions residential NA Provided parking off street 57 On street parking 7 Comments: Parking for the proposed apartment units is provided with a combination of garage, driveway spaces and on-street 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 1 access from Warbler Way Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping NA 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 NA Comments: Pedestrian walkways are proposed to connect the two buildings on the west side of the project site to the sidewalk on Warbler Way. Crosswalk is compliant as proposed. 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 NA Comments: A mutual access easement has been recorded to provide access to the apartments from Warbler Way. The easement covers both lots. 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. Staff Report Collins Apartments Application 20054 October 20, 2020 Page 9 of 12 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 and block standards meet code. 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 No Comments: CILWR was provided when the Phase 3 Cattail Creek plat was filed. A credit of 4.85 AF exists for the subject properties which is more than adequate to support the proposed 16-unit apartment complex. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: A stormwater management report has been reviewed by Engineering. 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 NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). NA ____ ac. X ____ units/ac. X ___ ac.= ___ Cash donation in-lieu(CIL) NA NA Improvements in-lieu NA NA Comments: Parkland dedication of 4.40 acres was provided with the subdivision 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 Yes Building Design 38.530 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Staff Report Collins Apartments Application 20054 October 20, 2020 Page 10 of 12 Comments: This project meets the Landscape block frontage standard and features appropriate building design and location of service areas and mechanical equipment. 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: The project is adjacent to an existing sidewalk and provides pedestrian access to the sidewalk. An access easement has been recorded for vehicular access from Warbler Way and parking is provided with a combination of driveway, garage, and on-street parking. 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 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 Yes Irrigation: plan, water source, system type Yes, city supply, (sprinkler irrigation) Trees for residential adjacency 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 Yes Yes Comments: The project proposes boulevard trees and adheres to forestry and UDC requirements. The front yard open space fences meet code. Staff Report Collins Apartments Application 20054 October 20, 2020 Page 11 of 12 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 Comments: Project meets requirements. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: 2 underground infiltration facilities Yes Comments: Engineering has approved the Stormwater Management report. 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: The project has meets setback requirements and will not interfere with public access. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA 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 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 NA Comments: Project meets requirements. Open space is provided in accordance with the townhouse and rowhouse standards 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 Yes Total required 3,440 sf Yes Total provided 4,984 sf Yes Comments: Fenced front yards and shared rear open space with benches are provided and meet code. 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 Comments: The proposed building mounted lighting meets standards. No site lighting is proposed. Staff Report Collins Apartments Application 20054 October 20, 2020 Page 12 of 12 Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: The properties are outside of the watercourse setback. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment None Yes Comments: 20 identical public comments were received from neighbors regarding the building height. The building height does meet code. 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 NA NA Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: Not applicable the project is proposed on one lot and will be subject to condominium covenants, conditions and restrictions. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 1 Yes Comments: This project will be completed in one phase.