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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
Page 1 of 16
Application No. 20390 Type Site Plan for the Cottonwood Apartments Phase 1 Area D also referred to as Package D.
Project Name Cottonwood Apartments Phase 1
Summary New construction of 56 rental dwelling units in 2 apartment buildings plus associated open space and parking.
Zoning R-5 Growth Policy Urban Neighborhood Parcel Size 2.3-acres
Overlay District(s) None
Street Address 5500 South Cottonwood Road
Legal Description Area D: Lot 1, Block 2 Phase 2 of the Cottonwood Subdivision Phase 1, located in the NW ¼ of Section 15, Township 2 South, Range 5 East of the PMM, City of Bozeman, Gallatin County, Montana Owner Roundhouse, 1109 Main Street, Suite 390, Boise, ID 83702. Contact Patrick Boel
Applicant Same
Representative Cushing Terrell civil engineering, Bozeman, MT, contact Nicole Olmstead; GGLO architects, Seattle WA, contact Connie St. George Staff Planner Susana Montana Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
2/15/2021 to 3/1/2021 2/15/2021 Mailed 2/12/2021 2/14 and 2/21/2021
Advisory Boards Board Date Recommendation
Development Review Committee 1/27/2021 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions
Design Review Board NA
Recommendation The application for Area D is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Decision Authority Director of Community Development Date 3-13-21
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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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 construction of 40 dwelling units in 2 apartment buildings and associated open space and parking. The Applicant also sought Departures from (1) Block Frontage requirements that ground floor residential units have doors facing the street and (2) from specific requirements for screening of patio open space areas for ground floor residential units. 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 body 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 and the two departure requests 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, which incorporates the two requested departures, 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 _13_ day of _March___, 2021, 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 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
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. The Final Plat for the Cottonwood Subdivision shall be approved and recorded prior to issuance of any building permit for development subject to this site plan.
Staff Report
Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
Page 3 of 16
3. Public access easements, public utility easements and private utility easements for Area D shall be approved, signed by the City and recorded prior to the issuance of any building permit for development subject to this site plan.
4. The Cash-in-lieu Water Rights contribution shall be deposited to the City in full prior to approval of any building permit for this development.
5. The private utility easement overlying the alley must be released and reconveyed prior to occupancy of the first building.
CODE PROVISIONS 1. Per BMC 38.100.080 and 38.200.110, the proposed project shall be completed as approved and conditioned in the
approved Site Plan. Any modifications to the submitted and approved application materials shall invalidate the project's
legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Director of the
Community Development Department and this approval is granted prior to undertaking said modifications. The only
exception to this law is repair.
Staff Report
Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 1: Current Zoning Map
Staff Report
Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 2: Cottonwood Subdivision
Area A
Area B
Area C
Area D
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 3: Proposed Area D shown in red.
Area A
Area B
Area C
Area D
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 4: Proposed Area D site plan
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 5: Conceptual Building Architectural Renderings
Building A Type
Building B Type
Building C Type
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Figure 6: Renderings of apartment buildings
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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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 with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Urban Neighborhood Yes
Zoning R-5 Yes Comments: The Urban Neighborhood land use designation covers a very large area in the northwest, west and southwest areas of the City. This designation seeks a variety of housing types. Although the Cottonwood Apartments are wholly apartment-type housing, the Urban Neighborhood areas in the vicinity have predominantly single-household detached homes. This project would introduce the variety of housing types that the growth policy land use seeks for this Urban Neighborhood land use. The design of this development positively addresses numerous Community Plan and other relevant Plan policies which include but are not limited to the following: 2020 Community Plan Theme 2: Neighborhood Elements Goal N-1: Support well-planned, walkable neighborhoods. N-1.1: Promote housing diversity, including missing middle housing. N-1.10: Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. Goal N-3: Promote a diverse supply of qualify housing units. N-3.1: Establish standards for provisions of diversity of housing types in a given area. 2020 Climate Plan Solution G. Facilitate Compact Development Patterns Bozeman Parks, Recreation, Open Space and Trails (PROST) Plan Goal 1: Accessibility. Objective 4: Create neighborhood parks that are conveniently located and accessible to the neighborhoods they serve. The R-5 zoning designation also seeks this high-density housing and apartments are a principal permitted use in this District. This Phase 1 development of the Cottonwood Subdivision also provides public open space trails and a City Park. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership NA Comments: The 40 dwelling units would remain rental units.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations NA
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Comments: There are no violations associated with this property or development.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes, with standard conditions Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 2 Yes Comments: The site plan criteria are met with this project. All appropriate documents and plans were submitted with the application with standard conditions of approval. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 No
Comments: No special use permits are required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments and accessory parking, open space and recreational uses Yes
Form and intensity standards 38.320 Zoning: R-5 Setbacks (feet) Structures Parking / Loading Yes
Front 15’ req. 15’ provided NA Rear 20’ req. 122’ provided NA Side 5’ req. 31’ provided NA Alley NA NA
Comments: The 28-acre Cottonwood Subdivision is divided into 17 lots and streets and alleys. The two Area D buildings meet all R-5 zoning and relevant Block Frontage setback requirements. The Applicant seeks an alternate location for the ground-floor dwelling units’ doors in that they would lie at a 90-degree angle to the street rather than face directly toward the street. This alternate design is allowed by the Landscape Block Frontage Departure process per BMC 38.510.030.C.3.a. The Applicant also seeks a departure from the residential open space requirement for screening of ground floor dwelling units’ patio open spaces with a 32-inch high fence or hedge. The Applicant seeks an alternate design featuring an 18-inch high seating wall in place of the fence or hedge pursuant to the criteria of BMC 38.520.060.B.1.b. Lot coverage 17% Allowed: No Maximum Yes
Building height 51’ 11.5” Allowed: Maximum 52’ Yes
Comments: Both buildings are Building Type B designs.
Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 NA
Supplemental uses/type
Comments: NA
Wireless facilities 38.370 NA
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Affordable Housing 38.380.010 NA Affordable housing plan NA
Comments: Pursuant to BMC 38.380.030, rental housing is not subject to the City’s inclusionary affordable housing standards. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes
Access easements Yes Level of Service 38.400.060 B Transportation grid adequate to serve site Yes
Comments: An updated Traffic Impact Study (TIS), dated January 19, 2021, indicated that the two intersections with the Site at South Cottonwood Road and the internal road intersections, as designed, would operate at Levels of Service B. Sidewalks 38.400.080 Yes Comments: All external and internal sidewalks meet City codes and connect to relevant destinations throughout the development. Drive access 38.400.090 Access to site: One access point into the development Stafford Avenue to the west and from a 30-foot wide alley to the east; both via W. Garfield and S. Cottonwood Rd.
Yes
Fire lanes, curbs, signage and striping Yes Comments: The January 2021 TIS, noted above, indicates that the design of the street network and connections to S. Cottonwood Rd. meet efficiency and safety standards.
Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes
Public transportation 38.400.120 NA Comments: Pedestrian pathways connect all destinations within the development. The “Green Line” Streamline bus service is provided at the intersection of S. Cottonwood Rd. and Huffine Lane, approximately 1,500 linear feet walking distance from the project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation Yes
Comments: The subdivision provides a public park, “City Park Lot 1”, Block 4, immediately south of this development. 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
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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CIL of water Yes Comments: The proposed public park south of this Area D is designed to have access from three public streets. All utilities are available and will be provided to this development. Municipal infrastructure requirements 38.410.070 Yes
Comments: A culvert under S. Cottonwood Rd. for the Farmers Canal has been installed as part of the subdivision Improvements Agreement. Sanitary sewerage capacity at the nearby Loyal Gardens lift station has been secured for the entire Cottonwood Subdivision. Other public and private utility services would be provided to the development. Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: These facilities have been designed to meet City standards and codes.
Watercourse setback 38.410.100 Yes
Watercourse setback planting plan 38.410.100.2.f NA
Comments: Existing onsite wetlands have been mitigated by the subdivision permit number NOW-2017-02234-MTH. The Applicant has secured a permit from the Army Corps of Engineers (ACOE) to fill approximately 1,095 cubic yards (cy3) of native fill, 361 cy3 of 6-inch minus of uncrushed subbase course, 123 cy3 of 1.5-inch crushed gravel and 96 cy3 of asphalt will be used to fill 0.307 acre of jurisdictional wetland in preparation to develop are for a residential subdivision. In addition, a 30-inch reinforced concrete culvert has been extended 22 linear feet across S. Cottonwood Rd. This fill was mitigated, per the ACOE permit, by purchase of 0.337-acres of wetlands at a cost of $11,000 from the Upper Missouri Wetlands Mitigation Bank located on the Hamilton Ranch near Twin Bridges in Madison County, Montana. No streams or irrigation ditches lie within or adjacent to the Site. The nearest canal, Farmers Canal, is approximately 50-feet south of the Area D property line. The property is located in Zone X (outside of the flood plain) per FIRM Panel 30031C0811D.
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Improvements in-lieu Comments: Parkland and Open Space lots were dedicated to the City as part of the Cottonwood Subdivision application. There is no new parkland requirement as part of this Phase 2, Area D development.
Yes
Park Frontage 38.420.060 Park development 38.420.080
Recreation pathways 38.420.110 Yes Park/Recreational area design Yes Comments: The Applicant has submitted the M.L. Alderson Park, Open Space and Boulevard Plan, dated December 20, 2020, for the Cottonwood Subdivision development which has been accepted by the City. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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Block frontage classification Several noted below in Comments Yes, with granting of a Departure
Departure criteria 38.510.030.C3.a Yes
Comments: The Cottonwood subdivision has several internal roadways plus frontage on S. Cottonwood Rd. The 2 buildings within this Area D development front on either Mixed, Landscape, Special Residential or Park/Trail Block Frontages. The Applicant has designed the ground floor residential units which face a street to have an entrance door that faces a patio space rather than faces directly toward the street as is required for buildings with a Landscape Block Frontage. The Applicant requested a Departure from the requirement that “Building entrances must be visible and directly accessible from the street.” As mitigation for this Departure, the Applicant has designed the entrances to ground floor dwelling units that face a Landscape Block Frontage street to have: (1) a sidewalk leading from the street sidewalk to the entry feature of each such unit; (2) a pronounced overhang over the entry feature of each such unit; (3) a patio area into which the door of the unit would open to; and (4) an 18”-tall seat wall and landscaped area around this patio space which would visually “announce” that the space is pertinent to the entrance to an individual dwelling unit and would guide a visitor to that door. Staff opines that this alternate design positively addresses the criteria for Departure to this Block Frontage requirement. The ground floor patio space proposed for this development meets the 38.38.520.060.B.1.b residential open space screen standard with a Departure that substitutes a 32-inch tall fence or hedge around the open space patio with a landscaped patio and 18-inch tall seat wall. This alternate design positively addresses the criteria for Departure of this section of the BMC. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
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 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: The internal motorized and non-motorized routes and pathways meet City standards. The internal circulation pattern and routes are coherent, comprehensive and accessible and are enhanced or bolstered by a dedicated mid-block open space lot that provides pedestrian connection to other subareas of the overall subdivision. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: The internal roadways meet City standards and the project TIS assures Levels of Service B internal to the development and at intersections into the development from S. Cottonwood Rd. On-site open space 38.520.060 Yes, with the granting of a Departure.
Total required: 7,500 square feet (sf) 100 sf per 18 1-bedroom dwelling units; 150 sf per 30 2-bedroom units and 150 sf per 8 3-bedroom units
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 95 required; 118 provided with 111 spaces on-site and 7 provided on-street.
Parking requirements residential 38.540.050.A.1 95 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA
Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 111 Provided on-street 7 Bicycle parking 38.540.050.A.4 10 required; 10 provided Comments: Parking is provided in an open parking lot on-site, in garages within residential buildings; and on-street along Stafford Avenue. W. Garfield is designated a collector road and on-street parking associated with Area D development is not permitted along that road.
Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: No loading zones are required or are provided.
Total private open space provided: 14,705 sf; Total common open space provided: 10,300 sf
10% of the lot is in common open space
Comments: Private open space per unit is provided as patio or balcony space; Common open space is provided as landscaped areas within the Area D parking lot as well as in a nearby fitness center and clubhouse exclusively for residents of the development, as well as several parks and open space areas throughout the development. The ground floor residential units are required by BMC 38.520.060.B.1 (b) to be enclosed by a fence or hedge at least 32’ in height to provide privacy. The Applicant has requested an alternative design, through a Departure request, to allow the ground floor patio spaces to be landscaped and provided with an 18” high seatwall rather than a 32” fence or hedge. The Applicant has provided an alternate door entrance to the patio space, at a 90-degree angle to the patio, to assure privacy from the street. This alternate design meets the intent of the standard and general criteria for Departures. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Covered trash enclosures are landscaped and provided sidewalks as are utility meters attached to side building facades. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes with Departure request approval Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The design of building facades meet Block Frontage and Building Design standards of the BMC. The Applicant seeks a Departure from the Landscape Block Frontage requirement that the ground floor dwellings have a “front” door facing the street. The Applicant proposes an alternate design that features a landscaped patio, seating wall and a front door at a 90-degree angle to the street. This alternate design meets the criteria for Departures per BMC 38.510.030.C.3a and 38.520.060.B.1.b.
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Cottonwood Apartments Package DC Site Plan
Application No.20448
March 4, 2021
Page 16 of 16
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Provided.
Parking lot landscaping Provided. Additional screening Of mechanical equipment Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes, 3 permitted wells
Residential adjacency NA
Comments:The landscape plan for this development meets BMC standards. Landscaping of public lands 38.550.070 Yes Comments: The ML Alderson Park and the Open Space Lot will be landscaped by the Applicant, secured by an Improvements Agreement and financial surety. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: NA 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Exterior lighting meets BMC standards.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 Yes Wetland regulations 38.610 Yes, with mitigation Comments: As noted above, the Army Corps of Engineers has permitted the filling of wetlands on the property with the mitigation of purchase of 0.337-acres of wetlands mitigation bank land at a cost of $11,000. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Comments:
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: The Final Plat for the Cottonwood Subdivision will be approved and recorded prior to approval of any building permit associated with this site plan.