HomeMy WebLinkAbout19231 Staff Report.docx Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 1 of 12
Application No. 19231 Type Site Plan
Project Name Bozeman East Mixed Use Phase 1
Summary A Site Plan allow for the construction of two buildings, one mixed use and one multi-family or
as identified on the plan as Buildings 3/C and 4/D. This project is part of a Master Site Plan of
a phased development containing two mixed-use buildings with storefront commercial space
along Tschache Lane and two apartment buildings. Site improvements with this phase
include parking lot, open space, parkland, and pedestrian pathways.
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 NA
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 Approval with conditions and code provisions
Decision Authority Director of Community Development Date:
DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6
6/17/2021
Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 2 of 12
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of
the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit
two buildings, one mixed use and the other a multi-family in the B-2 zone district. 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.
DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6
6/17/2021
Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 3 of 12
Figure 1: Current Zoning Map
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Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 4 of 12
Figure 2: Current land use
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Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 5 of 12
Figure 3: Master Site Plan
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Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 6 of 12
Figure 4: Building B elevations with ground floor residential
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Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 7 of 12
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance 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
Comments: The uses are conditionally allowed within the zoning district which was approved by the City Commission
through the MSP/CUP application 19230 on May 18, 2021. The property is within the City’s municipal services area and
contributes to the goals of the Growth Policy.
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.
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. There are two phases within the overall MSP. This site
plan application is only for one phase constructing buildings 3/C and 4/D with associated site improvements. The
second phase will require a subsequent site plan application.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit)
38.230.120
NA
Comments: A conditional use permit was approved by the City Commission on May 18, 2021 to allow for ground floor
residential.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Commercial shell space and apartments Yes
Form and intensity standards 38.320
Zoning: B-2 Setbacks
(feet)
Structures Parking /
Loading
Yes
Front Block frontage NA
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Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 8 of 12
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: 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
Level of Service
38.400.060
Yes Transportation grid adequate to serve site Yes
Comments: 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.
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Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 9 of 12
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 recorded. Water, sewer, and stormwater design plans were reviewed by the Engineering Division and found to be
adequate.
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 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
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 Master Park Plan was approved by the City Commission on May 18, 2021. All parkland and
improvements will be constructed with this phase.
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Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 10 of 12
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
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
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Staff Report
Bozeman East Mixed Use
Application 19231
June 17, 2021
Page 11 of 12
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 350 Yes
Parking requirements residential 38.540.050.A.1 299
Reductions residential 38.540.050.A.1.b None
Parking requirements nonresidential
38.540.050.A.2
51
Reductions nonresidential 38.540.050.A.2.c 50% mixed use reduction
Provided off-street 347
Provided on-street 5
Bicycle parking 38.540.050.A.4 52
Comments: With this phase, 350 of the 522 parking spaces will be provided. In total, there will be 522 spaces. 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
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. All common open space will be constructed
with this phase.
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?
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 two buildings affiliated with this phase 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
Application 19231
June 17, 2021
Page 12 of 12
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
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.
DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6