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HomeMy WebLinkAbout22016 Staff Report Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 1 of 16 Application No. 22016 Type Site Plan Project Name Cherry Creek Mixed Use SP Summary Seven new buildings in Gallatin Park Subdivision with accessory residential apartments. 24 2-bedroom second level residential units, above 24 commercial units with associated parking, open space, landscaping, and site improvements. Zoning M-1 Growth Policy Maker Space Mixed Use Parcel Size 2.01 Acres Overlay District(s) None Street Address Addresses TBD Legal Description Gallatin Park Sub, S36, T01 S, R05 E, Block 2, Lot 12, Acres 2.01, Plat J-300 Plus Open Space Owner Long Shot Equity, LLC, PO Box 10025, Bozeman, MT 59719 Applicant Same as Owner Representative Headwaters Engineering, Inc., 190 Northstar Lane, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/2/22 – 8/17/22 8/2/22 8/2/22 N/A Advisory Boards Board Date Recommendation Development Review Committee 7/28/22 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 8/31/22 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 2 of 16 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 seven new office and warehouse buildings in Gallatin Park Subdivision with accessory residential apartments. 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 ________________, 2022, Anna Bentley, Interim 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 Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 3 of 16 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. Phasing as noted on drawing sheet PH-1 represents the order of construction for the buildings. All shared site improvements including access, stormwater drainage, open space (in phase 1) and utilities must be completed prior to occupancy of the first building. Phased improvements such as parking space striping, parking signage, walkways, and landscaping must be installed with each phase prior to occupancy of any structures in that phase. Landscaping may be financially guaranteed to accommodate construction and seasonality. 3. City of Bozeman Resolution 5076, Policy 1- the draft SID waiver is adequate. Please execute and provide a copy of the recorded SID Waiver to the review engineer prior to final site plan approval. 4. Provide an executed copy of the sewer pipeline and access easement meeting the city approved easement language to the review engineer prior to final site plan approval. 5. Provide executed copies of the two required public utility easements meeting the city approved easement language to the review engineer prior to final site plan approval. CODE PROVISIONS 1. BMC 38.560.080 - Comprehensive sign plan. A comprehensive sign plan must be submitted for all commercial, office, industrial and civil uses consisting of two or more tenant or occupant spaces on a lot, or two or more lots subject to a common development permit or plan. A comprehensive sign plan is required prior to the installation of any signs on the property. 2. BMC 38.420.030 - Cash donation in-lieu of land dedication. Provide proof of payment and approval for CILP from the Parks Department prior to final site plan approval. Contact Matthew Lee, mjlee@bozeman.net with any questions. 3. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total based on estimated annual municipal water demand. 4. BMC 38.270.030.D - Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, if the criteria listed in this section are met. Provide concurrent construction approval prior to building permit approval. Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 5 of 16 Figure 2: Site Plan Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 6 of 16 Figure 3: Landscape Plan Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 7 of 16 Figure 4: Phasing Plan Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 8 of 16 Figure 5: Perspective Views, Interior Elevations Figure 6: Building 2 North Elevation Facing the Trail Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 9 of 16 Figure 7: Building 6 East Elevation Facing Gallatin Drive Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 10 of 16 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 Maker Space Mixed Use Yes Zoning M-1, Light Manufacturing District Yes Comments: The project conforms to the requirements of the M-1 zoning district. The 2020 Community Plan designation of Maker Space Mixed use correlates with the M-1 zoning district. The proposed project conforms to this designation by providing employment and services to the community with the opportunity for live/work and housing on upper floors of the four mixed-use buildings. 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 four phases. Phase 1 includes:  All underground utilities, stormwater treatment, and water and sewer services.  Asphalt for the parking lot, striping for phase 1, and approaches onto Gallatin Park Drive  Buildings 2 and 6.  Landscaping in phase 1, the eastern open space, and trail connection.  Walkways adjacent to phase 1 and the covered solid waste enclosure. Phase 1A includes building 4, striping for the phase 1A parking spaces, and adjacent landscaping and walkways. Phase 2 includes buildings 3 and 5, striping for the phase 2 parking spaces, and adjacent landscaping and walkways, as well as the central open space. Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 11 of 16 Phase 3 includes buildings 1A and 1B, striping for the phase 3 parking spaces, and adjacent landscaping and walkways. 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 Shell manufacturing or warehousing with accessory office and accessory apartments Yes Form and intensity standards 38.320 Zoning: REMU Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage, Other NA Rear 3 NA Side 3 NA Alley NA NA Comments: Three kinds of manufacturing are primary uses within the M-1 district, as well as warehousing. This application proposes shell spaces to accommodate future businesses, with the option for accessory office spaces. The second floor contains accessory apartments (48.6% of the gross floor area). All uses are compliant with the M-1 zoning district. The proposed project fronts onto Gallatin Park Drive with an Other block frontage designation and a 10-foot front setback. The application provides a 20- foot front setback meeting this standard. The rear and side setbacks of 3-feet are met. Lot coverage 24.3% Allowed 100% Yes Building height 28’ 10” Allowed 50-feet Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 Yes Comments: Allowable 1-foot encroachment by building roofline meets standards. Upper level balconies do not encroach into setbacks. Screening fences for the ground mounted AC condensing units encroach about 6-inches into the side and rear setbacks, but the AC units do not. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type None NA Comments: NA 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 NA Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 12 of 16 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 was provided by the applicant 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: A sidewalk exists and will be repaired where removed for the drive access. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: One new access is proposed along Gallatin Park Drive; engineering evaluated the access for spacing and design standards. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: No transportation pathways or public transportation facilities are proposed with this application. 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 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. 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: Requirements were reviewed by engineering. Payment of CIL of water rights is a required condition 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 Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 13 of 16 Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. A detention area is proposed at the northwest corner of the site next to building 1A. Stormwater will also flow into the existing regional pond on the other side of Gallatin Drive. Grading and drainage was reviewed by engineering. 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 0.69 ac. CIL required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: 0.69 acres = 30,056.4 sf x $2.07/sf = $62,216.75 required cash in lieu. This amount must be verified by parks and paid by the applicant 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. A public park exists approximately a quarter mile to the east and can be accessed via a public trail and sidewalks. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Other, Park/Trail Frontage Yes Departure criteria None requested Yes Comments: Gallatin Park Drive is an Other block frontage. The project meets the building placement, façade transparency, parking location, and sidewalk width requirements. A front facing building entrance with weather protection to building 6 is provided and this building architecturally addresses the street frontage. The north side of building 2 faces an existing trail connecting the Cherry Creek recreation area to the City’s trail network. BMC 38.510.030 – “Where a property fronts onto a park or a public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. For non-residential developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for "other block frontages" set forth in subsection G above, with a minimum building setback of 20 feet from the applicable park/trail right-of-way, easement, or property line.” Due to the uses and context of the site staff supports a frontage along the other block frontage standards, with a 10-foot setback from the trail consistent with Ordinance 2070 that reduced the required M-1 20-foot setback to 10-feet. Additionally, there is an approximately 35 feet of open space area between the subject property and the other developable parcel to the northeast which will help preserve light and air access to the trail. The applicant requested a determination from the Director on this point by letter on December 7, 2021. On February 8, 2022, the Director provided an email supporting the analysis and determined that the applicant can provide a 10-foot setback from the trail for Building 2 provided that additional transparency treatments and landscaping. The building 2 design was revised to provide ground level windows and additional shrub plantings were provided, meeting this requirement. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 14 of 16 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 48 spaces Reductions residential 38.540.050.A.1.b 50% Mixed Uses Parking requirements nonresidential 38.540.050.A.2 36 spaces Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 60 spaces 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 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: Pedestrian paths through the site and to the open space and service areas meet the standards in this section for location, connections, and widths. A departure from the landscaping standards between walkways and buildings in 38.520.040.D was requested where the ground level building facades are dominated by drive accesses and roll up doors. Instead of a continuous landscaping strip, the applicant has proposed individual planting beds between doors; this approach is supported by staff. 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 3,600 square feet Yes Total provided 3,832 square feet Yes Comments: 3,832 square feet provided in the two common open space areas in the northeast and southwest sides of the site. These areas will have seating, a lawn, a trail connection (NE) and bicycle maintenance facilities. It is proposed to be screened from the adjacent walkways, mechanical equipment, and parking areas with fencing and landscaping. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: AC units and utility meters are to be screened by landscaping and fencing. Solid waste will be collected via one enclosure on the south side of the lot near building 4. The enclosure meets the screening standards in this section and adequate adjacent landscaping is provided. 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 seven buildings are meeting the building design standards of this section. Entries, building materials, and vertical articulation serve to break up the elevations. 22 gauge vertical structural box rib steel, 24 gauge snap seam metal roofing, stained horizontal running cedar siding, white hardy plank siding, black round metal railing, and dark bronze aluminum louvered mechanical screening. Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 15 of 16 Provided on-street 0 Bicycle parking 38.540.050.A.4 6 Comments: Parking is proposed to be provided for the 24 2 two-bedroom units in the off-street parking lot, with a 24 space reduction for residential uses in mixed use projects. In order to ensure long term availability of the non-residential parking spaces and allow commercial parking directly in front of manufacturing unit roll up doors, the applicant is providing signs on the roll up doors that state “Unit XX parking only between 8-5 AM.” This management structure will allow unlimited residential parking after hours while ensuring commercial parking is met. Commercial parking requirements are based off the manufacturing and office calculations for 85% net floor area requiring 36 stalls. A total of 60 stalls is required. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. Bike parking will be provided central to the site, adjacent to the open space area and building 5 with compliant U-style bike racks and within units. 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 Yes 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 Gallatin Park Drive. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application. A comprehensive sign plan will be required prior to the installation of any signs. 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: The proposed building mounted wall sconces and under awning recessed lighting meet the required cutoff and intensity requirements. 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? Staff Report Cherry Creek Mixed Use Site Plan Application No. 22016 August 31, 2022 Page 16 of 16 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 provided. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No subdivision exemptions were required with this application. Utility easements are required and must be executed and provided to engineering prior to final site plan approval.