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Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 1 of 18
Application No. 19230 Type Master Site Plan, Conditional Use Permit
Project Name Bozeman East Mixed Use Master Site Plan
Summary A Master Site Plan (MSP) and Conditional Use Permit (CUP) to allow for the construction of a phased development containing two mixed-use building with storefront commercial space along Tschache Lane and two apartment buildings. A CUP is required to permit ground level residential uses in the B-2 (Community Business) zone district. The entire development will contain 304 residential apartments over two phases with parking, open space, parkland, and associated site improvements.
Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 11.85 acres
Overlay District(s) None
Street Address 1400 N. 19th Avenue, Bozeman, MT 59715
Legal Description Bridger Peaks Village Sub, S01, T02 S, R05 E, Lot 5, Acres 11.83, Plat J-368 plus interest in common area Owner Saccoccia Lands, LLC, 1234 Springhill Road, Belgrade, MT 59714
Applicant Bridger Peak Land Development, LLC, 101 E. Front Street, Suite 304, Missoula, MT 59802
Representative TD&H Engineering, 1800 River Drive North, Great Falls, MT 59401
Staff Planner Sarah Rosenberg Engineer Karl Johnson Park Planner Addi Jadin
Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad
5/3 – 5/18/2021 5/3/2021 5/3/2021 5/9/20216, 5/16/2021
Advisory Boards Board Date Recommendation
Development Review Committee 5/22/2021 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions
Administrative Design Review Board 9/3/2020 The ADR reviewed and made recommendations for the project.
Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Decision Authority City Commission (Quasi-judicial) Hearing Date: Tuesday, May 18, 2021 at 6:00pm via WebEx. A link will be provided with the agenda
Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19230 and move to approve the Conditional Use Permit for ground level residential uses, the Park Master Plan, and the Bozeman East Mixed Use Master Site Plan subject to conditions and all applicable code provisions.
Full application can be viewed via the links provided on page 17 of this report.
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 2 of 18
PROJECT SUMMARY
This report is based on the application materials submitted and any public comment received to date.
Application 19230 was submitted by TD&H Engineering, 1800 River Drive North, Great Falls, MT 59401 on behalf of Bridger
Peak Land Development, LLC, 101 E. Front Street, Suite 304, Missoula, MT 59802, and property owner, Saccoccia Lands,
LLC 1234 Springhill Road, Belgrade, MT 59714, pursuant to Chapter 38 - Unified Development Code (UDC) of the Bozeman
Municipal Code (BMC). The application is to request a Conditional Use Permit (CUP) allow for ground residential in the B-2
zone district, Community Business District.
The subject property is located in the Bridger Peaks Village Subdivision to the south of Tschache Lane, east of 19th Avenue,
north of West Oak Street, and the west of North 15th Avenue. The site is currently vacant. The site is bound to the east by
vacant land, to the west and south by commercial development, and the Arrow Leaf mixed use development to the north, all
zoned B-2. The subject property is subject to the Mixed Block Frontage standards, Trail/Park block frontage standards, and
Special Residential block frontage standards. The 11.83-acre site proposes 305 residential units in four buildings spread over
two phases with 60 studios, 139 one-bedroom units, and 106 two-bedroom units. Buildings 1/A and 4/D are three story
buildings that front onto Tschache Lane with 18,045 square feet of commercial on the ground floor and apartments located
above it. Buildings 2/B and 3/C are four story buildings that are internal to the site and consist of residential units, a leasing
office, and fitness center. Amongst these buildings consists of a courtyard and pedestrian plaza to meet open space
requirements. Parkland is satisfied through a conservation area along the east side of the property, improvements-in-lieu and
cash-in-lieu. The first phase will construct buildings 4/D and 3/C along with the parking, the courtyard, pedestrian plaza,
parkland, and pedestrian circulation.
A request for a departure from Section 38.510.030.I Trail/Park block frontage is as follows:
• 38.510.030.I Trail/Park Block Frontage – Where a property fronts on to a park or public trail, such frontages must comply
with the mixed block frontage standards set forth in subsection D of this section. The applicant is requesting to allow
parking adjacent to the trail/park in-lieu of a building.
A waiver from the required parkland dedication (Section 38.420.100.A.2) is requested because the proposed development
provides recreational land on site.
ADVISORY BOARDS
The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against
the criteria, the DRC found the application adequate for continued review on April 22, 2021. The DRC provided the staff report
findings and the recommended the conditions of approval and code provisions in this report.
On Thursday, September 3, 2020, the Administrative Design Review (ADR) staff made up of four members of the Planning
Division reviewed this project. Per Planning Division COVID-19 SOP for development review authorized by the City Manager’s
Executive Order ED-09, ADR staff will be the design review advisory body to the Director of Community Development for
projects that meet DRB thresholds per Bozeman Municipal Code (BMC) 2.05.3010 until such time that the DRB may be able
to meet again. The ADR found that the project complied with the requirements of the Bozeman Municipal Code.
PUBLIC COMMENT
Public comment began on May 3, 2021. No public comment has been received at the time of the writing of this report.
UNRESOLVED ISSUES
There are no unresolved issues with this application. Code provisions have been provided by the DRC.
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 3 of 18
ALTERNATIVES
1. Approve the application with the recommended conditions and report findings;
2. Approve the application with modifications to the recommended conditions and modifications to the report findings;
3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or
4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items.
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. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute
restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or
assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and
must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of
any building permits, final plan approval or commencement of the conditional use.
3. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use
permit approval:
a. Conditional use permits are approved based on an analysis of current local circumstances and regulatory
requirements. Over time these things may change and the use may no longer be appropriate to a location.
A conditional use permit will be considered as terminated and of no further effect if:
b. After having been commenced, the approved use is not actively conducted on the site for a period of two
continuous calendar years;
c. Final zoning approval to reuse the property for another principal or conditional use is granted;
d. The use or development of the site is not begun within the time limits of the final site plan approval in
38.230.140.
4. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new
conditional use permit application, or a determination by the planning director that the local circumstances and
regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the
planning director may not be appealed. If the planning director determines that the conditional use permit may be
renewed on a site then any conditions of approval of the original conditional use permit are also renewed.
5. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any
conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke
the approval through the procedures outlined in Section 38.200.160.
6. BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must
provide an owner executed original easement to the City prior to Master Site Plan approval. The following
easements have been identified in the application:
a. Sewer and Water pipeline access easement for the mains intended to service the development.
i. The fire hydrants must be included in the water and sewer utility easement. At no time will the
utility line or hydrant in question be less than 9 feet from the edge of the easement.
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 4 of 18
b. Release of platted temporary easement 50-foot temporary cul-de-sac.
i. The city standard Release and Reconveyance of Easements form must be utilized.
ii. The city will release the easement upon receipt of a complete Release and Reconveyance of
Easements form. An exhibit depicting the easement must be provided and stamped by a licensed
professional surveyor to be deemed complete.
c. The applicant is proposing to modify an existing easement between two private parties. The existing Storm
Water Drainage Easement Agreement (dated June 9, 1999) must be released between the two original
parties of the agreement, a new drainage easement agreement must be reestablished between the
appropriate private parties.
i. The applicant must provide copies of the recorded released easement and the new drainage
easement between the appropriate private parties to the City.
ii. The proposed drainage system located on the subject property drains public right of way. The
applicant must provide the city a drainage easement over the proposed drainage system utilizing
the city standard language and template.
d. Public access easement(s) for onsite trail/open space and midblock crossing.
e. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff
Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents
must be updated.
7. Upon future development, the applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to Tschache Lane including lighting signalization paving, curb/gutter, sidewalk,
lighting and storm drainage
b. Street improvements to North 15th Avenue including lighting signalization paving, curb/gutter, sidewalk,
lighting and storm drainage
c. Intersection improvements to North 19th Ave and Tschache Lane
8. The applicant may obtain a copy of the template SID waiver from the City Engineering Department (Lance Lehigh).
The document filed must specify that in the event an SID is not utilized for the completion of these improvements,
the applicant agrees to participate in an alternate financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver
filed with the County Clerk and Recorder prior to master site plan approval.
CODE PROVISIONS
1. BMC 40.04.700 - A comprehensive drainage plan is required for all development larger than five acres.
"Comprehensive drainage plan" means a stormwater management plan that covers all current and anticipated
development on a site greater than five acres and sites planned for phased development, including the impact on
existing off-site infrastructure.
a. It appears there may be a discrepancy between the Proposed Conditions section of the Drainage Report
and the Detention Requirement calculations appendix. It is not clear why 31.5 acres and 0.84 post
development C were used for detention sizing calculations. Clarify the detention sizing parameters prior to
Master Site Plan Approval.
2. DSSP II.B – Storm drain plan shall include Details and specifications (including invert and other pertinent elevation
information) for all storm drainage improvements, such as storm sewers, manholes, inlets, discharge structures; and
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
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retention/detention pond dimensions and volume, side slope, and top, bottom, and maximum water surface
elevations.
a. The spillway crest elevation is set lower than the design elevation. The spillway must be set equal to our
greater than the design or this overflow must be accounted for in release rate calculations. Clarify outlet
structure parameter prior to Master Site Plan Approval.
3. DSSP Section IV.H Signs and Markings - Marked crosswalks at uncontrolled intersections, and all mid-block
crosswalks shall be "Type B" crosswalk markings, with "Pedestrian Crossing" signs. "Pedestrian Crossing Advance
Warning" signs should be installed if deemed warranted by engineering judgment. Show crosswalks and pedestrian
signs prior to Master Site Plan approval.
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
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Figure 1: Current Zoning Map
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
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Figure 2: Current land use
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Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
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Figure 3: Master Site Plan
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Bozeman East Mixed Use CUP/MSP
Application 19230
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Figure 4: Building B elevations with ground floor residential
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Application 19230
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Figure 5: Building C elevations with ground floor residential
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Application 19230
May 7, 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 Regional Commercial and Services Yes
Zoning B-2 (Community Business District) Yes w/ CUP approval Comments: The uses are conditionally allowed within the zoning district. The property is within the City’s municipal
services area. The future land use designation is Regional Commercial and Services. “Regionally significant
developments in this land use category may be developed with physically large and economically prominent facilities
requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these
developments, location, and transition between lower density uses is important. Residential space should be located
above the first floor to maintain land availability for necessary services. Development within this category needs well-
integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access
within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or
larger and are activity centers for several surrounding square miles. These are intended to service the overall community
as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” Staff finds that the
project contributes to the goals of the Growth Policy as it encourages high density housing and public transit routes in
proximity to one another. The subject property is located nearby a slew of amenities and allowing for higher density
housing will assist in supporting concentrated development that uses land more efficiently, promotes walkability, and
improves accessibility as this is an area serviced by public transit.
Although the regional and commercial land use designation states that residential spaces should be located above the
ground floor, the majority of the development is commercial use; therefore it is still consistent with this goal. Two of the
buildings contain commercial on the ground floor front onto Tschache Lane while the two buildings that propose
residential on the ground floor are internal to the site.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code?
Condominium ownership NA Comments: There is no condominium ownership affiliated with this application.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations None Yes
Comments: 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
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 12 of 18
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: 2 Yes Comments: The site plan criteria are met for this application with final actions required to satisfy the code prior to site plan approval. Each phase requires a subsequent site plan application. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes
Comments: A conditional use permit is required to allow ground floor residential in the B-2 zone district. See Section 11 on page 16 for further analysis. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Commercial shell space and apartments Yes w/ CUP approval Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes
Front Block frontage NA Rear 10’ 10’ Side 5’ 8’ Alley NA NA Comments: The proposed setbacks meet all B-2 zone district standards. For block frontage analysis, see Section 7a on page 14. Lot coverage 69% Allowed 100% Yes
Building height 49’9” Allowed 66’ Yes
Comments: Since the property is designated as regional and commercial services laid out by the future land use map, the building height is permitted a 50% increase in height from the underlying zone district. Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no zone specific of overlay standards required to be met on this application. General land use standards and requirements 38.350 Yes Comments: The project is in compliance with the land use standards and requirements set by this section.
Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA
Comments: Proposed uses are permitted with the approval of the conditional use permit. There is no applicable supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: No wireless facilities are proposed. No affordable housing is required.
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
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 13 of 18
Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes
Comments: A conditional of approval for an SID waiver is included to cover future transportation improvements for this site. A transportation impact study was required and reviewed by the Engineering Division and found adequate to standards. The property is an infill site with existing transportation infrastructure to serve the site. Sidewalks 38.400.080 Yes
Comments: Crosswalks and sidewalks are provided throughout the development.
Drive access 38.400.090 Access to site: # 3 Yes Fire lanes, curbs, signage and striping Yes Comments: Ingress and egress are provided by two main entry points on the north side of the site off Tschache Lane. An additional gated emergency access is located on the south of the site that connects to the adjacent Bridger Peaks Town Center.
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: A dedicated 30-foot wide pedestrian easement connects from North Patrick Street northwest through the site to Sacco Drive. No public transportation is included within the project, however, there is a public transit stop nearby at the Bridger Peaks Town Center to the southwest. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 Yes Comments: The neighborhood center is comprised of a pedestrian plaza and park space.
Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation Yes
Comments: In order to meet the block length standards, a 30-foot wide pedestrian easement runs through the center of the property connecting Patrick Street on the east side and Sacco Drive on the north side. 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 CIL of water Yes Comments: A waterline utility, sewer and water pipeline access, and stormwater drainage easement have been provided and will be recorded prior to master site plan approval. Water, sewer, and stormwater design plans were reviewed by the Engineering Division. A code provision on page 5 requires a correction to the stormwater design report prior to master site plan approval. Municipal infrastructure requirements 38.410.070 Yes
Comments: The street, water, sewer, and storm infrastructure will be upgraded with this application to service the property. Most of this will be completed with Phase I with the exception that the storm line will be extended to the full design and piped into the detention pond in Phase 2. 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
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 14 of 18
Comments: The Engineering Division finds that the grading plan meets standards. The stormwater management plan requires a correction prior to master site plan approval as outlined in the code provisions. Watercourse setback 38.410.100 Yes
Watercourse setback planting plan 38.410.100.2.f Yes
Comments: A watercourse is located on the eastern portion of the property that adheres to the watercourse setback and planting plan. There are no structures within the watercourse setback. There is a gravel fines pedestrian trail that is located in Zone 2, which is allowed under the exceptions. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A 9 ac. X 12 units/ac. X 0.03 ac.= 3.25 ac. Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu Yes Comments: To meet parkland dedication, the following is provided: in accordance with 38.420.100.A.2, .6 acres of additional onsite open space and trail easement, improvements-in-lieu, and cash-in-lieu (contingent on City Commission approval of parkland waiver). Per 38.420.100.B, public access has been granted across the additional open space. Improvements-in-lieu include a shelter, gravel path, covered benches, fenced dog area, trash receptacles, community garden, additional landscaping, and signage as depicted in Exhibit 4-Parkland Exhibit of the application materials. The Park and Recreation Advisory Board Subdivision Review Committee reviewed the park plan and recommended approval to the City Commission on January 28, 2021 (item was not reviewed by the larger advisory board). Due to waiver recommendation by staff for the onsite open space and improvements-in-lieu, the committee will review changes May 14, 2021. Waiver justification: Proposal provides valuable additional onsite recreational open space adjacent to the natural riparian area and the midblock pedestrian crossing including bridge. The recreational features will add significantly to the experience of people living on site and are open to people from the surrounding properties via a public access easement. Public access easement for the .6 acre open space is a required condition of approval as outlined in condition of approval number 6d. Recreational features amount to $150,897 and an estimated $47,950.85 of cash-in-lieu will be provided in Phase 2. The open space provides trail continuity from the development to the north to provide access to the general public between Baxter and the shopping center/Oak Street shared use path. Due to significant site constraints such as the presence of the watercourse, irregularly shaped lot, and design of N. 15/adjacent developments, the land cannot meet the requirements for a linear park (25' width) or a neighborhood park (at least 50% frontage). Additionally, due to the stormwater feature and infill constraints, Parks staff would face significant hurdles providing maintenance to this property. The property should remain under the maintenance responsibility of the property owners/owners association. Within the B-2 zoning district, cash-in-lieu of parkland is generally required; however due to the predominantly residential development, the provision of additional onsite open space is appropriate. Balance to be provided as cash- or improvements-in-lieu equivalent to is 2.65 acres. Park Frontage 38.420.060 NA Park development 38.420.080 NA
Recreation pathways 38.420.110 Yes
Park/Recreational area design Yes Comments: The trail easement provides a key link between Baxter and Oak and provides additional trail-side recreational assets to be maintained into perpetuity by the property owners. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Mixed, Special Residential, Park/Trail Yes
Departure criteria 38.510.030.I Trail/Park Block Frontage Yes
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Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 15 of 18
Comments: Tschache Lane is mixed block frontage, which complies with storefront block frontage. The mixed-use buildings that front onto Tschache Lane have a 13’ wide sidewalk, meets façade transparency, weather protection, building entrance, non-residential space depth, and floor to ceiling height. All apartment buildings with ground floor residential must adhere to the special residential block frontage standards. The residences with ground floor living space utilize the raised deck option that provides at least 60 feet of porch raised up at least 1 foot above grade. All of these porches contain a low fence between the sidewalk and patio. A departure is requested from trail/park frontage, where a property fronts on to a park or public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. The applicant is requesting to allow parking adjacent to the trail/park in-lieu of a building. To mitigate for this there is a 5.5-foot wide landscape buffer between the park area and parking and a 20-foot landscape buffer where the trail is directly adjacent to the parking. The applicant’s justification is that since the buildings are centrally located to encourage interaction between the residents and various buildings, moving a building to the east to front onto the park creates separation and requires residents to have to cross parking lots and drive aisles to get to community amenities. The DRC reviewed the departure request and finds that the justification and alternative proposal meets the intent of the standards, there is appropriate buffering utilized between the parking lot and trail, and that there is adequate connection from the buildings to the trail and park. 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 38.520.040
Yes
Comments: Every building has access to a sidewalk. There a walkways connecting the buildings to one another and crosswalks where a walkway crosses an on-site paved area. 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: The vehicular circulation throughout the site is via driveway lanes. There are two driveway entrances off Tschache. On-site open space 38.520.060 Yes Total required Residential: 35,700 sf; Commercial: 2% Yes Total provided Residential: 41,514 sf; Commercial: 3187 sf Yes Comments: Residential open space consists of private patios, common open space areas with amenities that include a pool/spa, fitness area, plaza space, and bike tuning area. Commercial open space includes common open space adjacent to the buildings that provides landscaping and seating areas. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: All roof mounted mechanical equipment is screened via parapet or roof top screening. Ground related equipment and utility meters are screened through a combination of fencing and landscaping. Any equipment that is located along a pedestrian oriented area is heavily screened. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
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Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 16 of 18
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 519 Yes Parking requirements residential 38.540.050.A.1 471 Reductions residential 38.540.050.A.1.b None Parking requirements nonresidential 38.540.050.A.2 48
Reductions nonresidential 38.540.050.A.2.c 50% mixed use reduction Provided off-street 499 Provided on-street 20 Bicycle parking 38.540.050.A.4 52 Comments: In total, there are 522 spaces. 43 of those parking spaces are compact parking. There are 80 bicycle parking spaces, 24 of them which are covered. 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: There is no loading and uploading area.
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 Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA
Comments: Over 75% of the landscaping is drought tolerant. 10,440 sf of parking lot landscaping is required with 10,508 sf provided. All other landscaping requirements are met. Landscaping of public lands 38.550.070 Yes Comments: Trees along Tschache meet street landscaping standards. The park to the east meets landscaping requirements. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signage is proposed with this application. A comprehensive sign plan is required prior to any signage erected. 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
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 Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The four buildings on site meet building design standards. The primary materials use on the buildings is brick, cementitious stucco, and cmu masonry.
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Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 17 of 18
Comments: All lighting meets cut off standards. There is no spillover to adjacent properties.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 Yes Comments: There are no floodplains on the property. Wetlands are located on the eastern portion and the watercourse setback standards that must adhere to this are outlined in section 6b above. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report document. No public comment has been received at the writing of this report. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements NA
Comments: There is no subdivision exemption affiliated with this project.
ATTACHMENTS
The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #19230, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below.
11. Review Criteria for Conditional Use Permits (Section 38.230.110) Meets Code?
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 relate such use with the land and uses in the vicinity.
Yes
Comments: Staff finds the site adequate to accommodate the use proposed as it will have no impact on the site plan elements for the subject property. Residential uses on the ground floor are supported by the uses allowed under a conditional use permit. The size of the property is appropriate to meet all zone district standards. Commercial spaces are proposed to line Tschache Lane with residential uses above it and the apartment buildings with ground floor residential behind it. To the north is the Arrowleaf Development that contains residential units. A relaxation was granted through the PUD process to eliminate the need for a Conditional Use Permit for ground floor residential. The Bozeman East Mixed Use development fits with the character of the area by providing additional high density residential in a properly integrated mixed use development that encourages infill around a variety of different uses.
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. Yes
Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. The mix of commercial and residential uses implements the growth policy designation. The proposed project with conditions of approval and code provisions is meeting all applicable BMC review criteria.
Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes
Comments: Staff finds the proposed use in conformance to these criteria. Staff does not find it necessary to impose additional time limitations specific to this particular property. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended Conditions of Approval and findings within this report.
Staff Report
Bozeman East Mixed Use CUP/MSP
Application 19230
May 7, 2021
Page 18 of 18
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=186319&cr=1
This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=19-230
Public Comment: None to date