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HomeMy WebLinkAbout21424 Staff Report Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 1 of 28 Application No. 21424 Type Site Plan Project Name Homestead at Buffalo Run Summary The application proposes 237 homes in multi-family, rowhouse, and two-household (duplex) configurations. Homes are to be constructed in 7 apartment buildings containing 22-30 dwelling units each, 8 rowhouse buildings each containing 2-5 units each, and 14 duplex buildings. Parking will be accommodated in shared lots and private garages totaling 465 off- street spaces, and 89 on-street spaces. The applicant is proposing to extend Kurk Drive west to Fowler Lane, improve Fowler Lane to the City street standard, and create new streets within the site via public access and utility easements. Off-site improvements include improvements to S. 27th Ave, and ditch relocation along Fowler Lane. On-site improvements include the construction of streets, drive access, parking, stormwater retention, a neighborhood center, and open space. The applicant is proposing to expand the adjacent Meadow Creek Park by 2 acres by adding a basketball court, fenced dog park, a multi-use play field, trails, and landscaping in the new park area. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 20.3 Acres Overlay District(s) None Street Address New Addresses TBD, Currently 5400 Fowler Lane Legal Description S23, T02S, R05E, N2SW4SW4 City of Bozeman, Gallatin County, Montana. Owner Buffalo Run Bozeman, LLC, 5400 Fowler Lane, Bozeman, MT 59718 Applicant Same as owner Representative Derek Williams, 5400 Fowler Lane, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 09/21/22 – 10/6/22 9/21/22 9/21/22 NA Advisory Boards Board Date Recommendation DRC 09/19/22 None, Adequacy Determination CDB acting as DRB November 17, 2027 Did not recommend approval. See summary below. Recommendation Application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development Date 10/20/22 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=258202&dbid=0&repo=BOZEMAN Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 2 of 28 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 237 homes in multi-family, rowhouse, and two-household configurations and associated 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 24th day of October, 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 Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 3 of 28 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 S1 represents the order of construction for the buildings within each phase. All off-site improvements must be completed prior to occupancy of any structures. All shared site improvements including roads, parkland, utilities, access, parking, open space, solid waste enclosures, walkways, and stormwater must be installed as shown in the phasing plan prior to occupancy of any structures. Landscaping may be financially guaranteed to accommodate construction and seasonality. 3. The neighborhood center has been indicated to be constructed with Phase 2. No occupancy may be granted in Phase 2 without approval and completion of the neighborhood center building and surrounding site. 4. Landscape irrigation. Prior to final site plan approval, any proposed use of exempt groundwater wells for landscape irrigation, be it parkland irrigation or site irrigation, must be reviewed by DNRC and determined allowable. 5. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with a preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. 6. All park wells, irrigation infrastructure, and water rights must be transferred to and owned by the City of Bozeman prior to occupancy of the first building. CODE PROVISIONS 1. BMC 38.410.060 Easements. The applicant must provide executed copies of all public easements signed by a professional surveyor (PS) or a professional engineer (PE) prior to final site plan approval. 2. BMC 38.520.060 Open Space. Prior to occupancy of buildings B and D, sidewalks and internal walkways must be constructed to the shared usable open space to the south of building B. 3. 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, provided that the criteria listed in this section are met. Provide concurrent construction approval prior to final building permit approval. Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 4 of 28 Figure 1: Current Zoning & Vicinity Map Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 5 of 28 Figure 2: Existing Conditions & Demolition Plan Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 6 of 28 Figure 3: Proposed Architectural Site Plan Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 7 of 28 Figure 4: Proposed Civil Site Plan Northwest Figure 5: Proposed Civil Site Plan Northeast Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 8 of 28 Figure 6: Proposed Civil Site Plan Southwest Figure 7: Proposed Civil Site Plan Southeast Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 9 of 28 Figure 8: Phasing Plan Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 10 of 28 Figures 9: Open Space Plan Figures 10: East Site Elevations, Rowhouses Facing the Park Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 11 of 28 Figure 11: Illustrative Site Plan Figure 12: Example Duplex Elevations, Varying Designs in Full Application Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 12 of 28 Figure 13: Example Rowhouse Elevations, Varying Designs in Full Application Figure 14: Apartment Elevations, Building B, Varying Designs in Full Application Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 13 of 28 Figure 15: Apartment Elevations, Building A, Varying Designs in Full Application Figure 16: Park Plan Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 14 of 28 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 to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4, Residential High Density District Yes Comments: The uses are allowed within the zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-4 zoning district. The proposed project conforms to this designation by providing urban density homes in a variety of types, shapes, sizes, and intensities. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: No current violations exist. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: The proposed uses of the site are consistent with the allowed uses of the R-4 district including apartments, two-household dwellings, and rowhouses. No specific conflicts identified. Additional steps will be required including but not limited to completion of conditions of approval and code provisions, review of infrastructure and completion of off-site infrastructure, and approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of each building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The site plan criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, and character are compatible to the immediate environment of the site and neighborhood. Design review was conducted by the Community Development Board (CDB) acting as the Design Review Board (DRB) consistent with BMC 38.230.040. A video of the meeting may be found here: https://bozeman.granicus.com/player/clip/1891 and may be accessed via the Commission Meeting Video page at Bozeman.net. Two parties at the meeting provided public comment and response to public comment is provided near the end of this document. The board’s motion to recommend approval of the project failed 5-3 with the following comments provided from board members:  Board members had traffic and irrigation ditch questions in response to public comments that staff was not prepared to answer as a staff engineer was not present. The purpose of the meeting was for the CDB to provide design recommendations consistent with the DRB mandate which according to BMC 2.05.3000 is to “apply specific guidelines related to such concerns as Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 15 of 28 architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas.”  The board suggested that commercial uses on site would help mitigate traffic concerns.  Parking is excessive and the applicant should build structured parking.  The neighborhood center should be required with Phase 1.  One board member said they appreciated the design and sensitivity to the neighbors. All recommendations and the outcome of the meeting were provided to the applicant and their representatives. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Apartments and Apartment Buildings, Two-Household Dwelling, Townhouse & Rowhouse in different configurations Yes Form and intensity standards 38.320 Yes Zoning R-4 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage: Mixed & Landscaped 10’-15’ Block Frontage: Mixed & Landscaped 10’- 15’ Rear 20’ 20’ Side NA NA Alley NA NA Comments: The proposed setbacks meet all R-4 zone setback standards. The development is proposed over one lot with public access easements establishing public right of way through the site. The two- household and rowhouse buildings (under 4-attached) are subject to R-4 zoning setbacks from each applicable frontage right of way line. The multi-household apartment buildings and rowhouse buildings (4+ attached) are subject to block frontage front setbacks of 10-feet for landscaped or mixed-landscaped. At the northwest of the site, the proposed two-household buildings are setback 15+ feet from the right of way line, with front porches encroaching 2-5 feet as allowable. The proposed community center is an existing building and is located over 60-feet the property line along Fowler Lane. At the northeast of the site, the proposed two-household buildings are setback 16-feet from the right of way line with porches encroaching 3-feet at 12-feet from the right of way line. Townhomes are setback 16+ feet from the right of way line with allowable porch encroachments. At the southwest of the site, apartment building A is proposed to be located over 65-feet from the Fowler property line, and building H is proposed at 10-feet from the Homestead Avenue right of way line, meeting the landscaped block frontage requirements. Building B is proposed 30+ feet from the rear property line, meeting the rear setback requirements. At the southeast of the site rowhouse Building L is proposed 15-feet from the right of way line with allowable porch encroachments. Rowhouse Buildings N & O are proposed 50+ feet from the rear property line. There are not interior lot lines, so no side setbacks are applicable. There are no alleys present so no alley setbacks are applicable. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 NA Building Height Requirements 38.320.010-.060 Yes Lot coverage 16.1 % Allowed 50% Height Varies from 30’ 5” to 41’ 7” Allowed <3:12 = 40-feet =/>3:12 = 50-feet Yes Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 16 of 28 Comments: The applicant requested a departure from the maximum lot area standards for R-4 zoning per BMC 38.320.030.A which requires a maximum net lot area of 2.5 acres. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. The applicant has demonstrated they are meeting these criteria by providing an adequate street grid, and pedestrian connectivity via sidewalks and trails. The context of the neighborhood to the east within the City consists of detached households and townhomes, with a public park immediately adjacent. The applicant has loaded the east side of their proposed design with townhomes of similar density to the adjacent uses. The applicant has also provided connections to the adjacent neighborhood’s public trails network, and is proposing to extend the adjacent park by two acres. The roadway and pathway connections serve to mitigate block length and width and meet the requirements of the departure criteria. Additionally the development is proposed with varying architectural designs, intensities, and use types that meet the intent of this standard by providing diversity in aesthetic and intensity across the block. The proposed buildings must meet R-4 height and lot coverage standards. The following table demonstrates proposed height per building: BLDG HEIGHT PITCH ALLOWED BLDG A 41' 7" 3:12 50' BLDG B 41' 9" 3:12 50' BLDG C 41' 5" 3:12 50' BLDG D 41' 5" 3:12 50' BLDG E 41' 9" 3:12 50' BLDG F 41' 9" 3:12 50' BLDG G 30' 7" 6:12 50' BLDG H 41' 9" 3:12 50' BLDG I 30' 7" 6:12 50' BLDG J 30' 7" 6:12 50' BLDG K 30' 7" 6:12 50' BLDG L 30' 7" 6:12 50' BLDG M 30' 7" 6:12 50' BLDG N 30' 7" 6:12 50' BLDG O 30' 7" 6:12 50' DUPLEX 30' 5" 10:12 50' Overlay District Standards (NCOD) 38.340 NA Comments: NA General land use standards and requirements 38.350 Yes Comments: Project will be required to meet all applicable standards of 38.350 including permitted setback encroachments of 5-feet for 1-4 household structures. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Rowhouses, 1-4 household dwellings, Ag. Water User Facilities Yes Comments: There are three applicable supplemental use criteria applicable to the proposed project: rowhouse dwellings, 1-4 household dwellings, and agricultural water user facilities. These requirements are summarized below:  1-4 household dwellings. Since the two-household dwellings are not proposing individual drive access or garages from the street, and no alleys are present, the only applicable criteria is the Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 17 of 28 requirement for a clear and obvious pedestrian access between the sidewalk and a building entry that faces the street. The current design is meeting this plan with walkways to be provided directly to front doors facing the street, as well as internal walkways that connect the units to common amenities and parking.  Agricultural water user facilities. Also see Section 6b below. Pursuant to notification procedures at 38.360.280, the developer has made a reasonable effort to identify entities that own water rights conveyed within the existing irrigation ditches along Fowler Lane (hereafter “ditch easement holders”). Five distinct ditch easement holders were identified with water rights conveyed in these ditches (Middle Creek Ditch Company, West Gallatin Canal Company, Montana State University, Bradley Family Revocable Trust, and Haggerty Family LLC). The developer has documented its coordination efforts with these identified ditch easement holders with particular emphasis given to impacts related to the relocation of the east Fowler Lane irrigation ditch into the west Fowler Lane irrigation ditch. In accordance with 38.410.060.D.3, the developer’s professional engineer has certified that water entering and exiting the relocated/combined ditch is the same quality and amount of water that entered or exited the existing separated ditch facilities prior to the relocation. Culverts on the relocated/combined ditch are being upgraded from various smaller diameters to 36” diameter culverts for crossing existing driveways accessing properties on the west side of Fowler Lane. The relocated/combined ditch will remain as an open channel conveyance. Sec. 70-17-112 Montana Code Annotated requires written consent from ditch easement holders if encroachment or impairment of a ditch easement occurs. The developer has received written consent for the ditch relocation from West Gallatin Canal Company and Bradley Family Revocable Trust. Written consent from the remaining three parties was not obtained despite multiple attempts over significant periods of time. Notwithstanding the absence of written consent from Montana State University, Middle Creek Ditch Company and Haggerty Family LLC, the City finds that material encroachment or interference of the relocated/combined ditch easement does not occur and that the development complies with Sec. 70-17-112 MCA because: 1) The combined/relocated ditch is certified by a professional engineer to have adequate capacity to convey the water rights of all entities with existing rights to convey water in the existing separated ditches and will not adversely impact water quality; 2) existing driveway culverts on the west side of Fowler Lane of various smaller diameters will be will be improved to 36” diameter culverts; 3) more water will be conveyed in the combined/relocated ditch facility than historically did in the existing separated ditches thus increasing the quantity of carriage water in the combined/relocated ditch from the point of diversion from the Middle Creek Ditch Company canal mainline to respective places of use of the ditch easement holders; 4) the historic manner in which maintenance has occurred on the existing separate ditches will not be disrupted or interfered with since the combined/relocated ditch will remain an open channel within the existing Fowler Lane county road right-of-way.  Rowhouse dwellings. 1. Parking and garage access. No individual garages facing the street are proposed with this application. Buildings with five attached units comply with landscape block frontage standards. See Section 7 below. 2. Primary pedestrian access internally. The primary pedestrian accesses are proposed to face the public right of way. Garages will be accessed internally. 3. Internal drive aisle standards. Internal drive aisles are of adequate width to meet fire code and were reviewed by the Fire Department. No projections are proposed. Building separation is not applicable. Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 18 of 28 4. Usable open space. Private open space directly adjacent and accessible to dwelling units is to be provided via 12’ x 12’ patios and roof decks for each rowhouse and is equal to 10% of each unit’s living space. See sheet S5 for the open space plan. 5. Building design. Repetition with variety is provided via alternating design patterns per unit. For example, building L changes materials, rooftop patio locations, and roofline per unit, see A4.01 for building L elevations. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A TIS prepared by a professional engineer was fully evaluated by the Engineering Division and it has been found to meet City standards for peak trip generation and level of service. 7 new vehicular drive accesses are proposed across the full build to access garages and surface parking. 3 accesses will be located from Kurk Drive, 3 from the new Homestead Avenue, and 1 from the new Buffalo Run Avenue. Off-site improvements necessary to facilitate traffic include Fowler Lane improvements to the City street standard from Blackwood Road to Stucky Road are required with the development. As well, as improvements to 27th Avenue from Kurk Drive to Graf Street. This includes road improvements, water and sewer mains, and storm sewer with L.I.D. storm ponds to Fowler Lane, and roadway improvements and utility improvements and extensions to 27th Avenue. Fowler Lane is proposed to be paved from the southern property boundary north to Stucky Road. Adjacent to the subject property, Fowler Lane will be completed to a City of Bozeman street section standard, which can be expanded in the future to a wider minor arterial section depending on traffic volumes. The proposed typical section for Fowler Lane adjacent to the subject property includes two – 12 foot travel lanes, a center turn lane, as well as an off-street 10 foot wide asphalt shared use path. City standard street lighting, boulevard plantings, and underground utilities (stormwater, water, and wastewater) will be installed as well. Development that occurs to the west of the subject property will be responsible for boulevard plantings and pedestrian facilities as development occurs. The proposed street section has satisfied all City of Bozeman development and design standards. Lastly, the street section has been designed in a manner that will allow future development to both the north and south of the property to utilize the design as a template, which will be beneficial as additional properties continue to annex and develop along Fowler Lane. Fowler Lane north of the subject property will be paved to county standard (asphalt) to the intersection of Stucky Road and Fowler. This includes a typical 24-foot wide paved section. At the intersection of Stucky Road and Fowler, the intersection will be slightly modified for improved turning movements onto and off Stucky road. The western half of South 27th Avenue between Kurk Drive and West Graf Street that is currently missing is proposed to be completed with this development. The proposed improvements meet City of Bozeman collector roadway standard with consideration to the typical section between Kurk Drive and Blackwood Road installed with the Meadow Creek Subdivision development. Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 19 of 28 The proposed sidewalk and pathway connections within the proposed Buffalo Run development will tie to the existing pedestrian network within the Meadow Creek Subdivision, which connects into the greater City of Bozeman transportation network. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 7 Yes Street easements Yes Special Improvement Districts No Yes Comments: See above comments regarding transportation and drive accesses. A 20-foot public street and utility easement has been provided by the applicant for the design of Fowler Lane. Two 30-foot public access and utility easements are proposed for the extension of Kurk Drive to Fowler Lane. A 60-foot public access easement is to be provided for both Avenue’s B and C, now named Homestead Avenue, and Buffalo Run Avenue. All proposed roadways will also provide 10-foot public utility easements. See Appendix J for the easement exhibit. Parking requirements of 38.540 Required parking nonresidential 0 Yes Required parking residential 489 Reductions nonresidential 0 Reductions residential 0 Provided parking off street 465 On street parking 89 Comments: The provided parking plan accounts for 1, 2, and 3 bedroom units at 1.5 spaces per 1 bedroom unit, 2 spaces per 2 bedroom unit, and 3 spaces per 3 bedroom unit. On-street spaces are to be provided on Kurk Drive, Homestead Ave. and Buffalo Run Ave. only. Adequate bicycle parking is provided via Central north-south internal walkways and adjacent to buildings. The proposed bicycle racks meet the design standards and spacing required in this section. See sheet S3 for the proposed parking plan. The proposed parking plan is not exceeding the maximum parking requirement of 125%. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 7 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 20 of 28 Comments: Two main 30-foot east-west pathways are proposed through the site connecting Buffalo Run Avenue and the public park, to Homestead Avenue and the proposed community pavilion and neighborhood center, as well as a primary 10-foot north-south pathway connecting Kurk Drive to the southern pedestrian sidewalk system and open space. Concrete crosswalks are proposed where pathways cross internal drive aisles. Curb ramps are proposed for all crossings. Secondary walkways are proposed around buildings and parking lots, through open space areas, and will connect residents to all service areas, open space, and the public sidewalk system. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements 3 pedestrian of varying widths. Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities Yes Comments: 3 public access easements are proposed to facilitate pedestrian circulation through the master site plan. These easements vary in width from 10-30 feet. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: No off-street loading berths are required for this application. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation Yes Comments: One north-south mid-block crossing is proposed with the associated easement, landscaping, and setbacks. The pathway meets this standard and will provide connectivity from Kurk Drive to the southern open space area. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements 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: Infrastructure requirements for transportation and utility service has been evaluated by engineering with this application including water and sewer demand, stormwater design, and traffic impacts. Design of new infrastructure for the project will be evaluated by engineering with the required infrastructure submittal. All required public easements to facilitate services have been evaluated and are required to be provided prior to final plan approval. The proposed water, sewer, and stormwater systems serving the Buffalo Run development have been designed in accordance with the City’s Design Standards and Specifications Policy (DSSP), The City Modifications to the MPWSS, Adopted City facility plans, and are in conformance with both State and Federal Standards. Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 21 of 28 Water & Sewer – The provided reports have verified that there is adequate volume and pressure to supply domestic and fire service for all the buildings in the proposed development. The applicant has also verified there is adequate capacity to receive wastewater flows from the proposed development. The City has also cross-checked the applicant’s analysis with their existing water and sewer models for supplement verification and have found the applicants materials to be adequate. The applicant has satisfied City long-range facility planning for both water and sewer design. Engineering has reviewed and approved the proposed site water and sewer utility plan and overall layout. This includes a 16-inch water distribution main within Fowler Lane that will be constructed with this project, as it is part of the Water Facilities Master Plan for the City of Bozeman. The project also includes system looping as required by the design standards and for this size of development. The City conducted a future wastewater model scenario to evaluate downstream capacity for the proposed development. The development will install a new 15-inch wastewater main from the subject property to the intersection of Stucky and Fowler Lane, as it is part of the Wastewater Facilities Mater Plan for the City of Bozeman. All wastewater from the subject property will be conveyed to the new 15-inch main. Adequate downstream wastewater capacity exists for the development. Regarding the existing irrigation ditches: 1) The existing ditch lateral traversing the subject property will be removed pursuant to the authority at 38.410.060.D.5, invoking 38.410.060.D.2 as the basis for said removal. The developer has provided evidence that water rights conveyed in this ditch that are appurtenant to the subject property as well as offsite properties downstream of the subject property have been properly terminated, thus a filed ditch easement for this ditch lateral that is to be removed is not necessary. 2) Filed irrigation ditch easements are not required for the irrigation ditches located in the existing barrow ditches on either side of Fowler Lane. These ditches are situated within the existing county road right-of-way easement for Fowler Lane and reside within existing prescriptive or use easements. The existing irrigation ditch on the east side of Fowler Lane will be relocated offsite into the existing ditch on the west side of Fowler Lane to support the required expansion of Fowler Lane associated with the development. Because the west irrigation ditch is situated off the subject property within an existing county road right-of-way easement for Fowler Lane, the developer does not have authority to grant and file an irrigation ditch easement for the west irrigation ditch. The existing prescriptive or use easement for this west ditch remains effective for purposes of ditch access and maintenance. A filed irrigation ditch easement for the existing east Fowler Lane ditch is not necessary because this east ditch will be relocated into the existing prescriptive or use easement for the west Fowler Lane ditch. 3) Pursuant to notification procedures at 38.360.280, the developer has made a reasonable effort to identify entities that own water rights conveyed within the existing irrigation ditches along Fowler Lane (hereafter “ditch easement holders”). Five distinct ditch easement holders were identified with water rights conveyed in these ditches (Middle Creek Ditch Company, West Gallatin Canal Company, Montana State University, Bradley Family Revocable Trust, and Haggerty Family LLC). The developer has documented its coordination efforts with these identified ditch easement holders with particular emphasis given to impacts related to the relocation of the east Fowler Lane irrigation ditch into the west Fowler Lane irrigation ditch. In accordance with 38.410.060.D.3, the developer’s professional engineer has certified that water entering and exiting the relocated/combined ditch is the same quality and amount of water that entered or exited the existing separated ditch facilities prior to the relocation. Culverts on the relocated/combined ditch are being upgraded from various smaller diameters to 36” diameter culverts for crossing existing driveways accessing properties on the west side of Fowler Lane. The relocated/combined ditch will remain as an open channel conveyance. Sec. 70-17-112 Montana Code Annotated requires written consent from ditch easement Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 22 of 28 holders if encroachment or impairment of a ditch easement occurs. The developer has received written consent for the ditch relocation from West Gallatin Canal Company and Bradley Family Revocable Trust. Written consent from the remaining three parties was not obtained despite multiple attempts over significant periods of time. Notwithstanding the absence of written consent from Montana State University, Middle Creek Ditch Company and Haggerty Family LLC, the City finds that material encroachment or interference of the relocated/combined ditch easement does not occur and that the development complies with Sec. 70-17- 112 MCA because: 1) The combined/relocated ditch is certified by a professional engineer to have adequate capacity to convey the water rights of all entities with existing rights to convey water in the existing separated ditches and will not adversely impact water quality; 2) existing driveway culverts on the west side of Fowler Lane of various smaller diameters will be will be improved to 36” diameter culverts; 3) more water will be conveyed in the combined/relocated ditch facility than historically did in the existing separated ditches thus increasing the quantity of carriage water in the combined/relocated ditch from the point of diversion from the Middle Creek Ditch Company canal mainline to respective places of use of the ditch easement holders; 4) the historic manner in which maintenance has occurred on the existing separate ditches will not be disrupted or interfered with since the combined/relocated ditch will remain an open channel within the existing Fowler Lane county road right-of-way. 4) CILWR have been determined by the city engineer to be $250,034.00. This amount was paid on October 7, 2022. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Reviewed by the Engineering Department. Most stormwater facilities are to be underground infiltration chambers, with one surface level stormwater facility at the west side of the site. This facility meets the landscaping requirements in this section for a shallow depression. The proposed stormwater system serving the Buffalo Run development has been designed in accordance with the City’s Design Standards and Specifications Policy (DSSP), The City Modifications to the MPWSS; Adopted City facility plans, and are in conformance with both State and Federal Standards. Grading 38.410.080 Yes Maximum 1:4 slope requirements met NA Comments: Grading reviewed by the Engineering Department. Stormwater runoff from the Buffalo Run development utilizes a system of curb, gutter, inlets, and piping to capture and ultimately convey stormwater to drainage features throughout the development. Stormwater treatment includes a mixture of subsurface/surface facilities that have been designed to satisfy pre- vs post-development runoff conditions as well as water quality requirements. Access and maintenance requirements have been approved and detailed in the applicants approved stormwater report and owner association documents. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment Yes Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access Yes Park/Recreational area design Yes Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes Land Dedication Required: 2.26 Acres Parkland Area Provided: 2.06 Acres Cash donation in-lieu(CIL) NA NA Improvements in-lieu 0.2 Acres IILP proposed to meet land deficit up to 8 du/acre Yes Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 23 of 28 +1.13 Acres IILP proposed to meet CILP requirement at 4 du/acre =1.34 Acres IILP proposed 1.34 Acres x 43,560 SF/Acre x $2.07/SF = $120,826.72 Comments: Required parkland is to be provided via a combination of new park with baseline improvements and improvements-in-lieu of parkland above and beyond the baseline. A new 2-acre park with associated public landscaping and irrigation is to be provided adjacent to the existing Ainsworth Park within the Meadow Creek Subdivisions. Preservation of the existing willow and cottonwood stands is proposed, as well as a connection to the existing trail system that leads to the larger adjacent park system. IILP improvements include a dog park, basketball court, multi-use play field, trail installation in the adjacent park, and additional landscaping and trail improvements. The park plan was evaluated by the Parks Department and found to meet standards. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Comments: The application is meeting block frontage standards for four street frontages, as well as internal special residential frontages, and the east-west park/trail frontages. Kurk Drive, Homestead Avenue, and Buffalo Run Avenue are primary frontages designated as landscaped. Fowler Lane is proposed to be a mixed block frontage with nearby buildings designed to the mixed-landscaped standard. The two-household dwelling structures are exempt from block frontage requirements. Buildings A, B, C, D, E, F, G, H, K, and L are all subject to block frontage requirements. G, K, and L are proposed rowhouse buildings with frontages on Buffalo Run Avenue, and the northern east-west internal trail. The landscaped block frontage requirements for Buffalo Run Avenue Include, building placement of a minimum 10-feet which is met, directly accessible building entrances which is met, façade transparency of 15% which is met, 3-foot minimum deep weather protection which is met, and parking, landscaping, and sidewalk width requirements which are met. Building K is required to meet the mixed block frontage requirements per the trail/park requirements. The application provides the minimum 10-foot mixed-landscaped setback, as well as the 15% residential transparency. A pedestrian connection to the trail is provided to the front of each rowhouse unit, with adequate weather protection. The apartment buildings in buildings A, B, C, D, E, F and H are meeting their respective frontages on either the trail, or Homestead Avenue, or Fowler Lane. B, C, D, and F are subject to the trail frontage along the northern east-west trail and the southern pedestrian sidewalk. Direct pedestrian connections are provided to primary building entrances, transparency is provided, and landscaping reflects the mixed block frontage requirements for trails. A, E, and H meet all requirements of the landscaped, and mixed-landscaped frontages. Special residential frontages exist internal to the site and the applicant has opted for both options 1 and 2 as outlined in this code section. Option 1 requires a deck or porch raised 1’ from grade with at least 60 square feet of area. Option 2 requires a minimum 10-foot setback from the adjacent internal sidewalk. The site plan under sheet S2 shows where either option 1 or option 2 is proposed to be employed. Sheet 70.01 provides details for the patios to be used to meet option 1. Site Planning and Design Elements 38.520 Yes 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 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 24 of 28 Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: Non-motorized circulation requirements are met with this application. Direct pedestrian access is provided from all unit entries to the public street where not directly adjacent, as well as to parking areas, park & recreation areas, service areas, and open space. Internal crosswalks are proposed as concrete. Adequate paths through parking lots are provided. Connections to the adjacent property to the south are provided with the proposed street/sidewalk grid and the two new north-south avenues, and with the option of continuing the mid-block crossing further south. Pathway design is met with appropriate sidewalk widths, and landscaping strips where required. Bicycle parking is appropriately located adjacent to primary pathways. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Comments: The applicant has proposed to retain an existing pond and develop an open space area around it including a community pavilion, landscaping, and seating. Existing uses of the site are primarily agricultural. The applicant has shown that existing trees adjacent to Fowler Lane will be preserved. The existing home is proposed to be preserved and converted to a neighborhood center with phase 2. Building Design 38.530 Yes Comments: Building design applies to all buildings in this application except the two-household dwellings. Building design for the rowhouses is evaluated briefly above in terms of repetition with variety. These buildings are also required to acomply with the building articulation standards in section 38.530.040.C measured at the width of each unit. The application meets these requirements for the various rowhouse buildings by utilizing changes in building material, use of vertical elements, and use of building materials. Of the 7 apartment buildings, there are two types of apartment building in the application that are over 150’ in length which can be represented by buildings A and B. Building A utilizes deep roofline modulation and rooflines at varying heights to break the building up into 3 bays with open air stairways leading to each floor. General articulation requirements are also met with the use of entries, vertical columns, and the use of windows. Building B utilizes vertical modulation at the primary entries to break the building up into smaller modules, as well as material changes, and roofline changes to mitigate building length. General articulation is achieved by materials, windows, and balconies. These designs are carried through the other apartment buildings utilizing either the style of building A, or building B. Building materials vary depending on the design and building type. Building design A utilizes horizontal and vertical lap siding, stucco, and wood finishes. Building design B, utilizes horizontal and vertical lap siding, and wood finishes. The rowhouses utilize vertical and horizontal siding in various colors, stucco, and wood finishes. The primary lap siding used for all structures is a combination of LP Smartside which is an engineered wood product and not a cementitious wall board, as well as cement board siding. All structures will utilize vinyl windows with various frame colors and metal railings at the balconies. The application is meeting the articulation and design standards of this section as detailed above. 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA Parking lot screening Yes Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 25 of 28 Interior parking lot landscape Yes Off-street loading spaces 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 Trees for residential adjacency NA City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: The provided landscaping plan conforms to standards. Mandatory landscaping standards including setback landscaping, the use of drought tolerant species, parking lot landscaping, parking lot screening, and public landscaping are to be provided. The application provides the appropriate amount of trees and landscaped square footage within parking lots. Shrubs are proposed to screen parking areas where fronting on a public way. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space Yes Comments: Solid waste enclosures are proposed with the required horizontal covers. The enclosures are designed with horizontal lap siding to match the apartment buildings, and metal roofs. Utility meters are proposed to be screened via landscaping. No ground mounted or roof mounted mechanical equipment is proposed. Wall mounted AC units are proposed to be screened architecturally. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 Yes Total required 29,132 SF for both apts. and rowhouses Yes Total provided 40,199 SF for both apts. and rowhouses Yes Comments: Residential open space is required for both the apartment buildings and rowhouses. Rowhouse open space is discussed above and must be provided adjacent to each unit. The applicant is providing 12,565 SF of rowhouse open space as private open space on patios, which meet the requirements for rowhouses in article 3. The application proposes 27,634 SF of shared open space in two areas. The first area is the community pavilion and yard surrounding the pond feature on the west side of the lot. This area is over 11,800 SF and features landscaping, seating, and lighting. The other shared open space area is over 15,700 square feet in a lawn adjacent to the southern east-west pedestrian path. These areas meet the shared open space requirements of this section including their dimensions, pathways, lawns, seating, and lighting, and are open to all residents of the development. The application delineates the minimum open space required on sheet S5, but additional areas will be available to the residents of the development at full build out including BBQ areas, and a neighborhood center, which has Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 26 of 28 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: No signage is proposed at this time. The development is eligible to place signs at each entrance based on the residential complex identification signage provisions in this section for residentially zoned districts. A sign permit is required prior to the construction of any new signage. 8a-c. Conformance with environmental and open space objectives in articles 4- 6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Reviewed by Engineering Department. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation Yes Comments: A shallow above ground stormwater facility is proposed and conforms to landscaping. The rest are underground chambers. The proposed stormwater system serving the Buffalo Run development has been designed in accordance with the City’s Design Standards and Specifications Policy (DSSP), The City Modifications to the MPWSS; Adopted City facility plans, and are in conformance with both State and Federal Standards. Watercourse and wetland protections and associated wildlife habitats Yes 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 Comments: Man-made wetlands exist on the site are were determined to be jurisdictional by the US Army Corp of Engineers (USACE).The applicant received USACE approval via a letter dated June 23, 2022 located within the application documents. The letter required the applicant to compensate for the loss of 0.48 acres of wetland by purchasing wetland credits from the Upper Missouri Mitigation Bank. The applicant provided a copy of the receipt for the wetlands bank dated July 25, 2022. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA not yet been designed. The neighborhood center may add additional open space as an indoor recreational area. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: This project has several lighting components, building mounted lighting, parking lot and site lighting, and streetlights. Two types of LED street lights are proposed and were reviewed by engineering. Two types of LED parking lot lighting was proposed, and bollard lights are proposed at walkways and open space areas. All proposed lighting meets the cutoff and intensity requirements of this section. Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 27 of 28 Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: No watercourses are present. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment Yes Comments: Public notice was conducted and is detailed on page 1 of this report. Four letters of public comment were received. Public comment may be reviewed in the City’s Laserfiche repository. The public comments primarily focus on the following issues:  Irrigation Ditches: The applicant’s proposal regarding the irrigation ditches along Fowler lane is detailed in the application materials. Staff analysis of the plan is located on pages 19-20 of this report. the City finds that material encroachment or interference of the relocated/combined ditch easement does not occur and that the development complies with Sec. 70-17-112 MCA  Traffic on Fowler Lane: A traffic impact study (TIS) prepared by a professional engineer was fully evaluated by the Engineering Division and it has been found to meet City standards. Required off-site improvements to facilitate traffic and utility impacts can be found on page 17 of this report.  Density: the proposed uses and building forms are allowable within the R-4 district. The City Commission approved a zoning designation of R-4 when it annexed the property in early 2021. Final adoption of Ordinance 2069 was approved on the May 4, 2021 Commission agenda.  Water and Sewer Design: The provided reports have verified that there is adequate volume and pressure to supply domestic and fire service for all the buildings in the proposed development. The applicant has also verified there is adequate capacity to receive wastewater flows from the proposed development. The City has also cross-checked the applicant’s analysis with their existing water and sewer models for supplement verification and have found the applicants materials to be adequate. Water and sewer design is provided on page 19 of this report.  Water Resources: The property was annexed in early 2021 with the understanding that it is within the City’s adopted growth boundary, and within the municipal service area for water systems. Water capacity is available and has been evaluated by the engineering department. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements Yes Yes Reciprocal access and shared parking easement No NA Mutual access easement and agreement No NA Comments: The site is all one lot so no lot line changes, of access agreements are necessary. Several public easements are required to facilitate public access, utilities, and stormwater. These easements are Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 17, 2022 Page 28 of 28 detailed in the project documents folder of the application and must be provided prior to final plan approval. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 3 Yes Comments: The project is proposed to be completed in three phases with building sequencing within each phase for occupancy. All off-site construction and infrastructure is required prior to any occupancy. However, the applicant proposes to be working on all phases simultaneously to meet the maximum two year entitlement for this site plan. The apartment buildings are proposed to be “system built” and will be 90% constructed in a factory and shipped to the site for placement. The rowhouses and duplex buildings will be traditional stick-built construction. Concurrent construction has been requested and approval is required prior to final plan approval.