HomeMy WebLinkAbout2.6_CUP Project Narrative
MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.761.3010
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1800 River Drive North
Great Falls, MT 59401
July 31, 2020
Note: Underlined Items and Strikethrough have been updated for 07/31/20 resubmittal. BOZEMAN EAST MIXED-USE
CONDITIONAL USE PERMIT (CUP) REQUEST NARRATIVE General Project Information:
Legal Description: BRIDGER PEAKS VILLAGE SUB, S01, T02 S, R05 E, Lot 5, ACRES 11.85, PLAT J-368 PLUS INTEREST IN COMMON AREA Parcel Size: ±11.85 acres
Existing Site Conditions: Vacant, undeveloped land Zoning: B-2 Community Business District Community Plan Future Land Use Designation: Regional Commercial and Services Proposed Use:
• Residential: 305 apartments in 4 buildings
• Commercial: 18,043 sq. ft. of first floor commercial along Tschache Lane.
• Overall Unit Breakdown: o Efficiency/Studio: 60 Units o One Bedroom: 139 Units
o Two Bedroom: 106 Units Conditional Use Request: 1. Conditional Use Permit request to allow residential use on the ground floor of a property zoned B-2 Community Business District. 2. Conditional Use Permit request for additional building height up to 30% above the
maximum allowed height in the B-2 zoning district. Response to 38.230.100 – Plan Review Criteria 1. Conformance to and consistency with the city’s adopted growth policy.
Response: The subject property is designated as Regional Commercial and Services by
the City of Bozeman Community Plan (BCP). Regional Commercial and Services
encourages “Opportunity for a mix of uses which encourages a robust and broad activity
level” and further states “Any development within this category should have a wall
integrated transportation and open space network which encourages pedestrian activity
and provides ready access within and adjacent to development.” Regional Commercial
and Services does not encourage residential as a primary use and only allows residential
on the first floor through a Conditional Use Permit.
This project is part of a large area designated as Regional Commercial and Services by
the BCP and there are a variety of existing uses and the potential for more within this
district. To the northeast there is an established home improvement center (Lowes), to
the south there is an existing multi-family housing development and to the west there is a
strip-type shopping center. There is vacant land to the northeast and east. The
development of the mixed-use facility in this location provides a different use that will add
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variety and character to the neighborhood without having a negative impact to the
surrounding neighborhood.
There are a number of reasons the proposed development embodies the intent of the
BCP including:
• Meets intent of numerous Community Quality Goals and Objectives such as:
o Goal C-1: Human Scale and Compatibility, specifically 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.
o Goal C-2: Community Circulation, specifically Objective C2.1: Require
adequate and efficient circulation in all subdivision and site plans and
provide connectivity between developments and major destinations for
both the pedestrians and vehicles, including human powered vehicles.
o Goal C-5: Public Landscaping and Architecture, specifically Objective C-
5.1: Provide street stress in all public rights of way to establish a human
scale to transportation corridors and Objective C5.2: Encourage inclusion
of plazas and other urban design features as public areas within
developments.
Project is located on an infill site, with existing services in close
proximity to the City. Adequate circulation, to and through the site
is provided for all modes of transportation including vehicular,
bicycle and pedestrians. 15th Avenue N will be completed with this
or the adjacent development, which will provide additional
connections to and through the City. Street trees along Taschache
Lane will be provided and interior to the site there will be plazas
and art incorporated.
• Meets intent of numerous Housing Goals and Objectives such as:
o Goal H-1: Promote an adequate supply of safe, quality housing that is
diverse in type, density, cost, and location within an emphasis maintain
neighborhood character and stability, specifically Objective H-1.1:
Encourage and support the creation of a broad range of housing types in
proximity to services and transportation options.
o Goal H-2: Promote the creation of housing which advances the seven
guiding land use principles of Chapter 3, specifically Objective H-2.3:
support infill development and the preservation of existing affordable
housing and encourage the inclusion of additional affordable housing in
new infill developments.
o Goal H-3: Encourage an adequate supply of affordable housing and land
for affordable housing, specifically Objective H-3.3: Encourage
development of a wide variety of housing types, designs, and costs to
meet the wide range of residential needs of Bozeman residents.
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Project includes 305 new residential apartment units that will be
rented at market rate. The proposed development will be safe,
high quality and will include various amenities for residents. The
commercial space located in buildings A1 & D4 will provide
convenient access to various services.
• Meets intent of Economic Development Goals and Objectives such as:
o ED-1: Promote and encourage the continued development of Bozeman as
a vital economic center, specifically Objective ED-1.1: Support business
creation, retention, and expansion. Emphasize small businesses, ‘green’
businesses, and e-businesses.
The project includes approximately 18,000 sq. ft. of commercial
space that will supply the area an opportunity for new small
businesses to develop.
• Meets intent of numerous Environmental Quality and Critical Lands Goals and
Objectives such as:
o Goal E-1: Continue protecting critical lands as valuable resources for the
Community, specifically Objective E-1.1: Discourage development in
areas characterized by wetlands, flooding, highwater table, steep slopes,
landslide hazard, and wild land fire prone areas, and E-1.2: Protect,
restore and enhance the benefits wetlands provide such as groundwater
and stream recharge, fish and wildlife habitat, flood control, sediment
control, erosion control, and water quality.
o Goal E-2: Ensure good environmental quality of water resources, air, and
soils within the planning area, specifically Objective E-2.1: Protect,
restore, and enhance wetlands in the planning area.
o Goal E-5: Maintain a natural and attractive aesthetic character for the
Bozeman Area, specifically Objective E-5.6: Provide and maintain a
walkable, bikeable community with gathering areas and public art.
All wetland areas on the site have been avoided with any new
development, minor improvements adjacent to the wetland areas
are proposed and include a walking trail with a picnic shelter. The
trail will help complete a missing connection in the City’s trail
network.
• Meets intent of Parks, Recreation, Open Space & Trails Goals and Objectives
such as:
o Goal R-1: Provide for accessible, desirable, and adequately maintained
public parks, open spaces, trail systems, and recreation facilities for
residents of the community, specifically R-1.5: Connect the community
using trails and R-1.12: Use parks and open space to protect critical and
sensitive lands.
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The developer is proposing a combination of options to meet the
intent of the park and recreation goals for the City of Bozeman,
refer to 2.5 Project Narrative for further details.
• Meets intent of numerous Transportation Goals and Objectives such as:
o Goal T-2: Ensure the a variety of travel options exist which allow safe,
logical, and balanced transportation choices, specifically Objective T-2.1:
For the purposes of transportation and land use planning and
development, non-motorized travel options and networks shall be of equal
importance and consideration as motorized travel options. This balance
shall ensure that a variety of travel opportunities are available which do not
require the use of automobiles for local trips.
o Goal T-4: Pathways – Establish and maintain an integrated system of
transportation and recreational pathways, including streets, bicycle and
pedestrian trails, neighborhood parks, green belts and open space,
specifically, Objective T-4.1: Coordinate development of non-motorized
transportation systems in conjunction with motor vehicular transportation
systems.
The project will include a dedicated 30-foot wide right of way for
pedestrians (pedestrian easement) through the development that
will connect Patrick Street on the east side of the development to
Sacco Drive on the north side of the development. This linear park
will be dedicated to the City as an easement for public use.
Additionally, a gravel trail will be provided on the east side of the
site adjacent to the wetland to provide a connection from the south
portion of the site to the north and help complete a proposed trail
from the City’s Park Recreation Open Space and Trail (PROST)
plan.
2. Conformance to this chapter, including the cessation of any current violations. Response: The proposed development of the subject property is consistent with this chapter. There are no known outstanding violations on the property.
3. Conformance with all other applicable laws, ordinances and regulations. Response: The intent of the proposed development is to be in conformance with all other applicable laws, ordinances and regulations with the exception of the following:
• Request to conditionally allow residential use on the ground floor of a property
zoned B-2 (Community Business District) zoning district.
• Request to conditionally allow for additional building height up to 30% above
the maximum allowed height in the B-2 zoning district. 4. Conformance with special review criteria for applicable permit type as specified in article 2. Response: The project is in compliance with article 2.
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5. Conformance with zoning provision of article 3, including: a. Permitted uses Response: The proposed uses are incompliance with the zoning code. Proposed uses include: 1. Approximately 18,043 sq. ft. of first floor commercial (office,
retail, restaurant, etc., final use to be determined) 2. Approximately 65,054, sq. ft. of first floor residential apartments, permitted by conditional use 3. Approximately 275,685 sq. ft. of additional residential apartments located on second-fourth floors. b. Form and intensity standards. Response: The project is in compliance with form and intensity standards refer to plans provided. The Owner’s are requesting a conditional use permit to allow an increase in maximum height by 30 percent. Maximum building height in B-2 zoning with a less than 3:12 pitch roof is 38-feet, a 30% increase would allow a building height of 49-feet 5-inches. The building heights are as follows: a. Building A1 Height: 42’-9 5/8”
b. Building B2 Height: 49’-0 3/4" c. Building C3 Height: 49’-0 3/4" d. Building D4 Height: 43’-9 5/8”
c. Applicable zone specific or overlay standards. Response: The project is in compliance with zone specific standards,
beyond the condition use request being made as a part of the application. The project is not located within an overlay district, therefore overlay standards are not applicable. d. General land use standards and requirements. Response: The project is in compliance with land use standards and requirements, beyond the condition use request being made as a part of the application. e. Applicable supplemental use criteria. Response: Not Applicable.
f. Wireless facilities an/or affordable housing provisions, if applicable. Response: Not Applicable.
6. Conformance with the community design provisions of article 4, including: a. Transportation facilities and access, notably;
i. The impact of the proposal on the exiting and anticipated traffic and parking conditions. Response: A traffic study has been completed and provided as part of the submittal see Appendix I. The proposed development meets the requirements for parking, see EX-2. ii. Pedestrian and vehicular ingress, egress and circulation, including: 1. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and
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easily both within the site and between properties and activities within the neighborhood area. Response: Ingress and egress are provided by two main entry points on the north side of the site. An additional gated emergency access is provided on the south side of the site. A
dedicated 30-foot wide right of way for pedestrians (pedestrian easement) from N. Patrick St. westerly and northerly through the site to Sacco Drive. The previously developed strip center to the west of the property prevents full east/west connection of the site. 2. 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. Response: Crosswalks have been provided throughout the
development at all pedestrian crossings see sheet C500 and Details C050 & C053 for design of the crosswalks. Sidewalks and landscaping have been provided throughout the
development to ensure safety and provide aesthetics. Site lighting is also provided that meets code requirements.
3. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community. Response: Provided, refer to Reponses above, project narrative and plan sheets for further information. 4. Dedication of right-of-way or easements necessary for streets and similar transportation facilities. Response: A dedicated 30-foot wide right of way for pedestrians (pedestrian easement) from N. Patrick St. westerly and northerly through the site to Sacco Drive. iii. Loading and Unloading areas. Response: Loading and service for the commercial portion of the
project is anticipated to be minimal, no loading docs or ramps are necessary. Trash will be collected in the dumpsters located on the site, which are screened with landscaping. b. Community design and element provisions, notably: i. Lot and block standards Response: Per 38.410.040 of the UDC, blocks shall not be more than 400 feet in length or less than 300 feet in length. The developer has been working with City staff to develop a coordinated solution to the block length requirement. In order to meet the intent of the UDC, the proposed development includes a dedicated 30-foot wide right of way for pedestrians (pedestrian easement) through the development that will connect Patrick Street on the east side of the development to Sacco Drive on the north side of the development. This right of way
will be dedicated to the City as an easement for public use. Extending
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Patrick Street through the development is not appropriate for several reasons including:
• Extending Patrick St. to the west would require crossing Walton Stream/Ditch, which would be a larger impact to the wetland then
extending the proposed pedestrian connection, which would be limited to a 10-foot wide shared use crossing of Walton Stream/Ditch.
• The proposed dedicated 30-foot wide right of way for pedestrians (pedestrian easement) meets the intent of the code by providing a public route through the site at the required block length. Additionally, the proposed pedestrian right of way connects to the larger pedestrian system in the area, which is further described in
the Parkland Dedication section below. ii. Provisions for utilities, including efficient public services and facilitates. Response: Provisions for utilities have been provided there are existing public facilities in the vicinity of the project that have capacity for this development for further information see Civil plans and reports for additional information. iii. Site surface drainage and stormwater control. Response: Provisions for stormwater control have been considered.
A preliminary stormwater report has been provided, see Appendix C. iv. Grading. Response: Preliminary grading for the project has been completed, final grading has been postponed and will be submitted during final site plan review. There are no significant grading issues associated
with the project. Additional grading information has been provided in the updated submittal. 7. Conformance with the project design provision of article 5, including: a. 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. Response: The proposed project is compatible and sensitive to the immediate environment of the site and adjacent neighborhoods. The areas surrounding the development are a mix of commercial, multi-family and
undeveloped land. The proposed development will provide a mix of uses that fits the character of the neighborhood. The architectural design of the buildings and the massing will give the development a unique identity that is
compatible with the surrounding uses. The buildings along Tschache are designed with a storefront block frontage that will be vibrant and provide active shopping, office or dining opportunities.
b. 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
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approved development and produce an efficient, functionally organized and cohesive development. Response: The design and arrangement of the elements of the plan are integrated and produce an efficient, functionally organized and cohesive development. The development buildings are arranged to provide vibrancy
at Taschache Lane and a core residential community within the project. The interior buildings are located near each other with various amenities within easy access for both residents and the greater community. c. 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. Response: The design and arrangement of the development is in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation and contributes to the overall aesthetic quality of the site.
The intent is to limit any distributions to the Walton Stream/Ditch on the eastern side of the property. Any disturbed areas within the water course setback will be revegetated with native plantings. A trail connection, picnic
pavilion, dog run area and community gardens are proposed along the west side of the trail for residents to utilize. There are existing established trees on the west side of the property that are to be protected during construction.
d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Response: The landscaping for the proposed project will exceed the standards of Bozeman’s Unified Development Code. In addition, as required, there will be a 50 foot watercourse setback along the Walton Stream/Ditch which is located on the easterly portion of the site. This buffer will be designed with trees, shrubs and native grasses in a natural design theme. It will include a trail extension with a connection from the development to the trail to provide access to the trail for residents. The project also includes
enhanced landscaping around the perimeter of the building and at the entrances with a courtyard for the residents use. The parking lot is located behind buildings A1 & 4D so will be minimally visible from surrounding
properties and public right-of-way, trees and shrubs will also be provided in the parking lot to enhance the character of the site.
e. Open space Response: Open space is provided per the UDC. Refer to 2.5 Project Narrative for additional information. f. Lighting Response: The proposed development will meet the standards of Bozeman’s Unified Development Code for lighting. A lighting plan has been provided for the City’s Review. g. Signage. Response: The proposed development intends to meet the standards of
Bozeman’s Unified Development Code for signage. Typical signage
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examples for the project have been provided as a part of the application package. A custom monument sign will be developed for the project and
submitted to the City for review as necessary. 8. Conformance with environmental and open space objectives set forth in articles 4—
6, including: a. The enhancement of the natural environment (e.g., through low impact development stormwater features or removal of inappropriate fill material). b. Watercourse and wetland protections and associated wildlife habitats. c. 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. Response: Refer to 2.5 Project Narrative for environmental and open space information. 9. Conformance with the natural resource protection provisions of article 4 and article 6. Response: Refer to 2.5 Project Narrative for environmental and open space
information. 10. Other related matters, including relevant comment from affected parties. Response: None. 11. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirements of this chapter, whether the lots are either: a. 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. b. 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. Response: Not applicable. 12. Phasing of items listed in section 38.230.020.B, including but not limited to buildings and infrastructure. Response: See master site plan portion of application.
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Response to 38.230.110 (E) – Conditional use permit
1. In addition to the review criteria of section 38.230.100, the review authority must, in approving a conditional use permit, determine favorably as follows: a. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity.
Response: The proposed project is to establish a mixed-use development on
the subject property. The project consists two three story mixed uses buildings
and two four story apartment buildings. The project will include 18,000 sq. ft. of
commercial uses and 305 apartment units. The project also includes accessory
spaces such as leasing space, activity rooms, pool/spa and exercise facilities
and outdoor courtyards with a variety of amenities. The property is zoned B-2
Community Business and per the Unified Development Code residential use is
only permitted on the first floor via a conditional use permit. Additionally, a
request to increase the building height with this CUP process to allow up to 49
feet in height to the top of the parapet. The additional height is necessary to
accommodate taller ceiling to floor ratios in both the commercial and residential
spaces, it will also allow for screening the rooftop mechanical equipment.
The project site is approximately 11.85 acres and as designed has adequate size
to accommodate the proposed facility. The buildings meets the required yard
setbacks for the district. The proposed project meets the requirements for
parking, refer to EX-2. The total number of parking provided on site is 502 stalls.
There are an additional 20 off-site spaces for a total of 522 stalls, the
combination of the two parking meets the intent of the code.
The site design includes mixed-use buildings along Tschache Lane with
enhanced streetscape including paving, landscaping and boulevard trees. Two
additional residential buildings are located on the interior of the site. Loading and
service for the commercial portion of the project is anticipated to be minimal, no
loading docs or ramps are necessary. Trash will be collected in the dumpsters
located on the site, which are screened with landscaping.
The proposed landscaping for the site is consistent with Bozeman’s Unified
Development Code including boulevard, parking and yard landscaping to meet
the code. Additionally, the applicant is proposing to provide a courtyard within
the building to support additional activities for the residence. Some of the
proposed amenities within the courtyard include a fire pit, BBQ’s outdoor seating
and dining areas, pool/spa, bocce court and table tennis.
The site also includes a 50-foot water course setback from the adjacent Walton
Stream/Ditch, the design for this area includes access from the facility to the trail
and is designed with natural vegetation. Additional amenities along the trail
include a fence dog run, a picnic shelter and community gardens.
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b. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the
burden of proof.
Response: The proposed use will not have an adverse effect on the abutting property. The proposed Mixed-Use development, as mentioned
previously, has an upscale design with many amenities. The development will exceed the landscape standards and provide amenities to the residents beyond what is required in the code. Property to the northeast and east are undeveloped at this time, so potential future development would have the benefit of knowing the established use of the property prior to development. Existing development to the south and west are similar in nature it is unlikely they would be adversely affected. The project is an infill development with services in the vicinity. Finally, the project fills in portions of missing sidewalk and trail infrastructure, which will provide great connection for the neighborhood to the community.
The request for an increase to the building height will not adversely affect the abutting properties, as mentioned the properties, directly to the northeast and east are vacant and undeveloped, the property to the west is a large commercial strip mall, that does not have windows or views to the east, and
the multi-family development to the south is a compatible use.
c. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but are not limited to: i. Regulation of use
ii. Special setbacks and buffers iii. Special fences, solid fences and walls iv. Surfacing of parking v. Requiring street, service road or alley dedications and improvements or appropriate bonds vi. Regulation of points of vehicular ingress and egress vii. Regulation of signs viii. Requiring maintenance of the grounds ix. Regulation of noise, vibrations and odors x. Regulation of hours for certain activities xi. Time period within which the proposed use must be developed
xii. Duration of use xiii. Requiring the dedication of access rights xiv. Other such conditions as will make possible the development of the city
in an orderly and efficient manner
Response: The Owner does not believe that the requested Conditional Use Permit requires any additional conditions of approval as they have carefully considered public health, safety and general welfare in planning for the
proposed Mixed-Use development.
The overall site design integrates the project into the area with ample landscaping and provides parking off of the main streets. Additionally, there
is a buffer with amenities between the adjacent Walton Stream/Ditch that will also be enhanced with mounding and landscaping. The site will be
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maintained by a professional company that will be responsible for snow removal in the winter and landscaping in the summer. This provides safety in
the parking lots and walkways and continuous site maintenance throughout the year. Additionally, the use of the courtyards will not cause excess noise, vibrations or orders.
The proposed signage will conform to the City of Bozeman’s signage regulations and will not advertise the sale of alcoholic beverages.
The development includes soft lighting at the parking and exterior walkways, which will contribute to the public’s safety. These lights will be in conformity with the City of Bozeman’s exterior lighting regulations.
The project will also provide and exceed the bike parking requirements. The bike parking will be conveniently located throughout the project. Additional bike storage can be accommodated in the resident’s decks and/or patios storage closets.
Overall the proposed development will meet a need for the community in a well-designed, attractive manner. The location of the project is ideal for this type of use and impacts to the surrounding neighborhood are minimal.
J:\2016\16-268 Farran Boz East Tschache Ln\DOCUMENTS\DEVELOPMENT REVIEW\03_RE RESUBMITTAL-2\MASTER SITE PLAN_CUP\02_NARRATIVES_RESPONSES_PHOTOGRAPHS\2.6_CUP PROJECT NARRATIVE.DOC