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HomeMy WebLinkAbout21175 Staff Report Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 1 of 13 Application No. 21175 Type Site Plan Project Name Fallon Condos Summary A site plan application for 22 residential units constructed as 18 buildings with 5 different building designs with associated drive access, open space, landscaping, and site improvements in Norton Ranch Subdivision Phase 4. Zoning REMU Growth Policy Community Commercial Mixed Use Parcel Size 2.09 Acres Overlay District(s) None Street Address 5108-5184 Fallon Street Legal Description Lot 1A, Amended Plat of Lot 1 and Lot 2, Block 14, Norton East Ranch Subdivision Phase 4, Located in the SE ¼ of Sec. 9, T. 2 S., R. 5. E., of P.M.M., City of Bozeman, Gallatin County, Montana Owner Norton Ranch Properties, LLC, 63029 NE Lower Meadow Dr. #200, Bend, OR 97701-5877 Applicant Same as Owner Representative Intrinsik Architecture, 111 N. Tracy Ave., Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/25/21 – 9/9/21 8/25/21 8/25/21 N/A Advisory Boards Board Date Recommendation Development Review Committee 9/8/21 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA Recommendation The application 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 9/23/21 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 2 of 13 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 22 residential units constructed as 18 buildings with 5 different building designs with associated drive access, open space, landscaping, and 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 ________________, 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 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. If not already on file, the applicant must provide and file with the County Clerk and Recorder an executed SID waiver prior to final site plan approval as detailed in engineering comments. 3. Cash-in-lieu of Water rights assessment and payment (if applicable) is required prior to final site plan approval. 4. Cash-in-lieu of Parkland approval and payment is required prior to final site plan approval. Please coordinate with Matthew Lee, mjlee@bozeman.net. Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 3 of 13 CODE PROVISIONS 1. BMC 38.410.070- PHASE (4) - The proposed project is located within the service area of the Norton Ranch Lift Station. The Station has been designed to be reconfigured to allow for phased development of the Norton Ranch Subdivision. The exact configuration is dependent on the phase and number of dwelling units to be served. Currently, there is an approved set of plans to upgrade the lift station to serve the subject property, referred to as NRLS Phase 1 Upgrades. The proposed development may not exceed the lift station capacity designed for the subject property unless additional upgrades beyond the NRLS Phase 1 Upgrades are completed. The applicant must demonstrate that the peak-hour wastewater flow from the proposed project is equal to or less than the design capacity reserved for the parcels in the subdivision’s wastewater design report. a. If the development’s peak-hour wastewater flow is equal to or less than the design capacity reserved for the parcels, Site Plan approval may be granted but occupancy will not be granted until the NRLS Phase 1 Upgrades are complete. b. If the development’s peak-hour wastewater flow exceeds the design capacity reserved for the parcels, additional upgrades to the lift station must be completed prior to building permits approval. 2. BMC 38.410.060 - The applicant provided a Sewer and Water Pipeline and Access Easement draft that is adequate. An executed hard copy of this easement must be delivered to the review engineer for final review and recording with the county clerk prior to site plan approval. 3. BMC 38.410.060 - The applicant must submit a city standard Public Access easement draft and Utility easement draft for review. Executed hard copies of all above noted easements must be delivered to the review engineer for final review and recording with the county clerk prior to site plan approval. 4. DSSP Section (D) (5) Easements - No permanent structures shall be placed within a utility easement unless an encroachment permit has been obtained. Trees or other significant landscaping features shall not be placed within ten (10) feet of any utility main or service lines. Storm Swales 2 and 3 are within ten feet of the water and sewer mains, the applicant must move the swales out of the 30’ public utility easement or file an encroachment permit with the City prior to final site plan approval. 5. BMC 38.270.030 C.1. – Prior to site plan approval, concurrent construction must be approved for the public infrastructure associated with the project (water mains and sewer mains). ENGINEERING ADVISORY COMMENT: 1. BMC 38.410.080/DSSP (2)(B)(3) a. There is a grate rim elevation missing from the grading drawing for Drywell #2. The applicant should include an elevation for this grate on the project drawings. Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 4 of 13 Figure 1: Current Zoning Map Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 5 of 13 Figure 2: Proposed Site Plan Figure 3: Landscape Plan Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 6 of 13 Figure 4: Phasing Plan Figure 5: Parking Plan – Off-street indicated in blue, stacked parking indicated in green, on-street in red boxes Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 7 of 13 Figure 4: Front Elevations - The Boulder (East Units, Left), Calderwood (North Units, Right) Figure 5: Exterior Elevations – Greenhorn (South Units, Left), Highland (West Units, Right) Figure 6: Exterior Elevations – Rowhouse Units Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 8 of 13 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 Community Commercial Mixed Use Yes Zoning REMU, Residential Emphasis Mixed Use Yes Comments: The project conforms to the requirements of the REMU zoning district. The 2020 Community Plan designation of Community Commercial Mixed use correlates with the REMU zoning district. The proposed project conforms to this designation by providing housing diversity and missing-middle housing in accordance the REMU zoning provisions. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. 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. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 4 Yes Comments: The overall site plan details improvements in phases four phases. Phase 1 includes the east buildings and interior drive aisles and utilities, as well as the pedestrian and utility access along the south property line. Phase 2 includes the north buildings and adjacent walkways, parking, and open space. Phase 3 includes the west buildings and adjacent walkways and parking. Phase 4 includes the south buildings and adjacent drive accesses and open space. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 1-4 Household, Rowhouses Yes Form and intensity standards 38.320 Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 9 of 13 Zoning: REMU Setbacks (feet) Structures Parking / Loading Yes Front 10-15 & Block Frontage NA Rear 10 NA Side 5 NA Alley NA NA Comments: Single household dwellings and rowhouses with 5 or fewer attached units are primary uses within the REMU zoning district. The proposed project sits on the corners of Fallon Street and Pond Lily Drive and Fallon and Water Lily Drive; both front setbacks are met with the proposed design. The rear setback of 15-feet is met along the south property line. No side setbacks are present; a subdivision exemption application to aggregate the two underlying lots was approved and is recorded under plat J- 668A. Lot coverage 47% Allowed 50-75% Yes Building height Varies, see comments. Allowed 35-42 Feet depending on building form and roof type Yes Comments: Building heights for the single household structures ranges from 24-feet to 28-feet, with varying roof pitches of 8:12 and 10:12. Maximum heights for single household structures in REMU at these roof pitches varies from 40 to 42-feet. The two rowhouse buildings propose a 1:12 roof pitch, with a max height of 23’ 10” meeting the height standard at less than 3:12 of 35’ maximum. Applicable zone specific or overlay standards 38.330-40 Yes Comments: There are zone specific standards for the REMU district. Applicable standards from this section are listed below: - Street and circulation standards – Buildings are oriented with the front facades facing the street. Shared drive accesses and on-street parking is proposed as required in this section when feasible. Front loaded local streets with no parking in front setbacks and pedestrian connections through the site are proposed. - Site planning and design elements from 38.520, and 38.360.220 – The proposed design is meeting the requirements of these sections. See below for additional discussion. - Open space standards – The single household dwellings do not trigger additional open space requirements. The rowhouse buildings are providing open space according to section 38.360. See below for additional discussion. - Building standards – Meeting rowhouse design standards in 38.360. Single household structures are not subject to building design standards. General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Single, two, three, and four-household dwellings & Townhouse/Rowhouse Standards Yes Comments: The proposed application is providing clear and obvious pedestrian connections to all units between the sidewalk and the building entries that face the street. All dwellings are providing weather protection for the pedestrian entry meeting or exceed the 3’ x 3’ standard. Applicable rowhouse standards from this section are listed below: - Internal drive aisle standards – Meeting the minimum 24-foot width. Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 10 of 13 - Usable open space – The two rowhouse buildings are providing open space directly adjacent to each units meeting the minimum 12-foot dimensions. These open space areas contain patio and seating areas, and are accessed from within the units with fencing for privacy. . - Building design – Repetition with variety is provided by reversing one of the three attached units. Façade articulation is provided with the use of entries, windows, and roofline. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 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 NA Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division however, a peak-hour trip generation letter was provided by the Applicant to ensure that the proposed project would not exceed the original assumed trip estimates reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for future transportation improvements is a required condition of approval ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Comments: Sidewalks are to be provided along the primary street frontages and through the south end of the site. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Two drive accesses are proposed along Fallon Street; engineering evaluated both drive accesses for spacing and design 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: Two 30-foot public access and utility easements are proposed within the site and required to be provided prior to final site plan approval, see code corrections. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 11 of 13 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 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 CIL of water Yes Comments: Requirements were reviewed by engineering. A CIL water rights credits is available for this parcel. The applicant has not indicated the intention to use the credit or pay CIL. See conditions of approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. 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: Location, design and capacity of stormwater facilities was reviewed by engineering. A swale is proposed along the south property line and is proposed to be landscaped according to depth and grade. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 0.15 ac. CIL required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: 0.15 acres = 43,560 sf x 1.72psf = $11,238.48 required cash in lieu. Condition of approval 4 requires this amount be approved and paid prior to final site plan approval. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. Public parks exist to the east and north within the Norton Ranch Subdivision that can be accessed via sidewalk and planned pedestrian paths. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Landscaped NA Departure criteria None requested Yes Comments: Single to four household dwellings in any configuration are not subject to block frontage standards. 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 Yes Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 12 of 13 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 53 spaces Reductions residential 38.540.050.A.1.b 18 on-street Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 41 Provided on-street 10 Bicycle parking 38.540.050.A.4 In unit Comments: This project proposes 13 two-bedroom units, and 9 three-bedroom units with a total of 53 parking spaces required. Parking is proposed within garages and carports, with 3 of the carport units providing room for stacked parking. Each stall provided off-street meets the stall, aisle, and driveway scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Relationship to adjacent properties 38.520.030 NA 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: A north-south pedestrian path through the site is proposed within the 30-foot access easement. An east-west pedestrian path through the site is proposed within the other 30-foot access easement with stamped concrete crosswalks. All units have a direct front door connection to a sidewalk. 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 NA Comments: NA On-site open space 38.520.060 Total required 979 square feet Yes Total provided 1,026 square feet Yes Comments: Only the two rowhouse buildings trigger open space requirements from townhouse/rowhouse standards in Article 3. Private patios with low privacy fencing are provided for each unit, with a 5-foot screen wall between units when open space areas are adjacent. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: No mechanical equipment is proposed for the single detached units. The rowhouse units have A/C units within roof chases. Utility meters are to be screened by landscaping. Solid waste will be collected via individual totes. 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 Building massing and articulation 38.530.040 Yes – TH/RH Requirements Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: The two rowhouse buildings are meeting the building design standards of this section as required by townhouse/rowhouse standards in Article 3. Changes in roofline, materials, and windows are used for articulation. One unit out of three is reversed per the article 3 standards, with additional building material changes to create variety with repetition. Staff Report Fallon Condos Site Plan Application No. 21175 September 23, 2021 Page 13 of 13 design requirements of Section 38.540.020. On-street parking provides a residential reduction of 18 spaces. Bike parking will be provided within each unit. 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: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along the three street frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: NA 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: No site lighting is proposed. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A subdivision application to aggregate the two underlying lots was recorded under document #2744388 and plat J-668A. See conditions of approval and code provisions for remaining access and utility easement work.