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HomeMy WebLinkAbout21483 Staff Report Staff Report Gran Cielo KUL Condos 5 & 6 Site Plan Application No. 21483 November 17, 2022 Page 1 of 16 Application No. 21483 Type Site Plan Project Name Gran Cielo KUL Condos 5 & 6 SP Summary A site plan application to construct 21 residential rowhouses in 3-attached and 4-attached building configurations. The 3-attached buildings are proposed at two-stories tall, and the 4- attached buildings are proposed at three-stories tall. In addition to the 6 proposed buildings, the site development includes garage parking accessed from an interior drive access, sidewalks, landscaping, open space, and other associated site improvements. Zoning R-3 Growth Policy Urban Neighborhood Parcel Size 1.57 Acres Overlay District(s) None Street Address TBD Legal Description Legally described as Lot 8, Block 15, Gran Cielo Subdivision Phase 2, Located in the NW 1/4 of Section 23, T 02S, R05 E, of P.M.M., City of Bozeman, Gallatin County, State of Montana Owner Bozeman Haus LLC, 15267 SE Rivershore Drive, Vancouver, WA 98683 Applicant Same as Owner Representative Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/22/22 – 9/6/22 8/22/22 8/22/22 N/A Advisory Boards Board Date Recommendation Development Review Committee 8/17/22 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 11/21/22 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Gran Cielo KUL Condos 5 & 6 Site Plan Application No. 21483 November 17, 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 21 residential rowhouses in 3-attached and 4-attached building configurations in Gran Cielo Phase 2. 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, 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 Gran Cielo KUL Condos 5 & 6 Site Plan Application No. 21483 November 17, 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. Provide executed hard copies of the required sanitary sewer and access easement meeting the city approved easement language to the review engineer prior to final site plan approval. CODE PROVISIONS 1. 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. 2. 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 Gran Cielo KUL Condos 5 & 6 Site Plan Application No. 21483 November 17, 2022 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Gran Cielo KUL Condos 5 & 6 Site Plan Application No. 21483 November 17, 2022 Page 5 of 16 Figure 2: Site Plan Figure 3: Phasing Plan Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 6 of 16 Figure 4: Landscape Plan Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 7 of 16 Figure 5: Northeast Perspective Views Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 8 of 16 Figure 6: Northwest Perspective Views Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 9 of 16 Figure 7: Southeast Perspective Views Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 10 of 16 Figure 8: Overall East (bottom) and West (top) Elevations Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 11 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 Urban Neighborhood Yes Zoning R-3, Residential Medium Density District Yes Comments: The project conforms to the requirements of the R-3 zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-3 zoning district. The proposed project conforms to this designation by providing urban density homes within the correlated zoning district at acceptable densities. A zone map amendment was submitted to change the zoning for the subject property from R-3 to R-4 and was approved by the City Commission on September 20, 2022; However, this project was adequate in mid-August and was reviewed against the R-3 zoning designation. There are no substantive review criteria changes between R-3 to R-4 zoning that would affect the project design. 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. 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: 6 Yes Comments: This project is to be completed in 6 phases for the purposes of occupancy. Phase 1 includes the southeast 4-household structure as well as the internal drive aisle and utilities. Phases 2-6 each represent one building and associated landscaping and access from the internal drive. Each phase must provide landscaping, open space, and walkways to a public sidewalk. Landscaping may be financially guaranteed to accommodate construction and seasonality. 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? Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 12 of 16 Permitted uses 38.310 Rowhouses Yes Form and intensity standards 38.320 Zoning: R-3 Setbacks (feet) Structures Parking / Loading Yes Front 15 NA Rear 20 NA Side 5 NA Alley NA NA Comments: Rowhouses in 3-4 household attached configuration are primary uses within the R-3 district. 4 attached rowhouses may not exceed 120’ in width in R-3 and the proposed designs are meeting this standard. The proposed project is meeting setback requirements for the R-3 district. The block frontage designation is landscaped; however, 1-4 household in any configuration is not subject to block frontage standards. The building placement meets the 15-foot front setback requirements and 5-foot side setback requirements. Lot coverage 37% Allowed 50% Yes Building height 9:12 – 33’4” 9:12 – 39’11” Allowed 46-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: Encroachments are meeting code standards. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes Comments: Standards for usable open space and building design for rowhouse dwellings are triggered with this application. Usable open space is provided via fence enclosed and landscaped front porch and patio areas that meet the dimensional and area requirements required in this section. The applicant has received permission from Northwestern Energy to place concrete walls within utility easements. Buildings A, B, and C will also have access to fenced rear yards (the three-household structures). Building design meets the articulation requirements of this section. The applicant proposed a customized design that provides variety with repetition using slight window variations between the units in each row, and material changes in the third out of every four attached units, and the second out of every three attached units. 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 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 Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 13 of 16 estimates reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. Sidewalks 38.400.080 Yes Comments: Sidewalks both within and adjacent to the site along all street frontages are provided. Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage and striping Yes Comments: The rowhomes will be accessed via a new alley/drive access that runs between building rows. The driveways may be accessed from Bennett Blvd., S. 28th Ave., and the alley to the south. All circulation and parking is provided internally. All units front on a public sidewalk. 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 NA 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 NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering and CIL of water rights is required to be paid by the applicant. A public utility easement is required to facilitate sewer underneath the new alley access. 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 NA Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. No surface ponds are proposed. Stormwater from the proposed development will utilize the overall subdivision design. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 14 of 16 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Yes Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Parkland was provided with the subdivision per the applicant’s calculations provided in the application. This was reviewed by the Parks Department and no additional parkland is needed. 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 was built with Phase 1 of the Gran Cielo subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped Yes Departure criteria None Yes Comments: The block frontage designation is landscaped; however, 1-4 household in any configuration is not subject to block frontage standards. A departure was requested from transparency standards at the building ends, but was withdrawn. 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 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: No pedestrian paths through the site are proposed. All units will have a direct pedestrian connection to the street. 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 See section 5 above. Yes Total provided See section 5 above. Yes Comments: Open space is detailed with the townhouse/rowhouse standards in section 5 above. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via individual totes from the alley. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 15 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 72 spaces Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 72 Provided on-street 11 Bicycle parking 38.540.050.A.4 21 Yes Comments: Parking is proposed to be provided for the 9 4-bedroom units, and 12 3-bedroom units via garages off the alley with stacked parking. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. Bicycle parking is to be provided within each unit with reserved garage space outside of the dimensional requirements for residential garages. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along all frontages. Tree spacing and species selection was reviewed by the Forestry Division. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA 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 buildings are subject to massing and articulation standards in this section and connected to the townhouse/rowhouse section described in section 5 above. Rowhouses are required to provide the residential articulation standards in this article at the width of each unit. The proposed design shows units only connected at the first and second levels where each unit has a roof deck. Each gabled roof is an independent structure meeting the change in roofline requirements of this section. Additionally, materials and windows are utilized to break up the elevations. Staff Report Gallatin Mixed Use Site Plan Application No. 21129 October 19, 2021 Page 16 of 16 Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 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: Building mounted lighting meets the required cutoff and intensity requirements. All lighting products are Lithonia Lighting and include recessed patio lighting, wall packs, and cylinder lights typical for residential development. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. A public sewer easement is required for final approval. 10-foot utility easements were provided with subdivision.