Loading...
HomeMy WebLinkAbout21479 Autumn Grove Condominium Staff Report Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 1 of 19 Application No. 21479 Type Site Plan Project Name Autumn Grove Condominium SP Summary Site Plan application for the construction of a multi-household condominium development including 13 rowhouse/townhouse buildings with five 3-units buildings and eight 4-units buildings for a total of 47 units. Zoning Residential Medium Density (R-3) Growth Policy Urban Neighborhood Parcel Size 218,018 sf, or 5.0 acres Overlay District(s) NA Street Address No addressed assigned – general location is north of Winter Park St, east of Davis Lane, and south of Autumn Grove Street. Legal Description Lot 5 of Block 2 in the West Winds Phase 5 Subdivision P.M.M. City of Bozeman, Gallatin County, Montana. Owner TruNorth Construction, 6730 Tawny Brown Lane, Bozeman MT., 59718 Applicant TruNorth Construction, 6730 Tawny Brown Lane, Bozeman MT., 59718 Representative Chris Budeski, Madison Engineering, 895 Technology Blvd. Suite 203, Bozeman, MT, 59718 Staff Planner Lynn Hyde Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 05/06/22 – 06/06/22 05/06/2022 05/06/2022 NA Advisory Boards Board Date Recommendation Development Review Committee 4/20/2022 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Community Development Board (CDB) 06/06/2022 The CDB reviewed and voted 8 to 0 to recommend approval of the Site Plan, including the 1 departure, to the Director. 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 June 13, 2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 2 of 19 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 for the construction of a multi-household condominium development including 13 rowhouse/townhouse buildings with five 3-units buildings and eight 4-units buildings for a total of 47 units in the R-3 zoning district. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 13 day of June 2022, Anna Bentley, Interim Director of Community Development, or their designee, 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 RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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 (BMC) or State law. 2. The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 3. The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 4. The final bylaws for the condominiums, including the covenants, conditions and restrictions for the condominium development must be submitted and approved prior to final site plan approval. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 3 of 19 5. Approval of the final engineering design, including location and grade, for the sewer main extensions must be obtained from the Engineering Department and the Montana Department of Environmental Quality, when applicable, prior to issuance of any building permit for the development. 6. BMC 38.410.060.C.1 – The proposal provided public utility easement language which was found to be sufficient by the Engineering Department. Approval is pending submission and review of the owner executed easement inclusive of the pending public utility easement exhibit as noted in the concept review comments narrative. 7. Water demand inquiry , 010 Residential WW Usage & Peaking factor.pdf DSSP V A - A water design report must be prepared by a professional engineer for the proposed project. The water distribution system must be designed to meet the maximum day demand plus fire flow and the peak hour demand. 8. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to W. Oak Street including paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements to the intersection of Davis Lane and Baxter Lane. e. Intersection improvements to the intersection of W. Oak Street and N. 27th Avenue. f. Intersection improvements to the intersection of W. Oak Street and Ferguson Avenue. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Site Plan approval. Code Requirements 1. The alignment of all water, sanitary sewer services shall be arranged so that there is a minimum of 10 feet of horizontal separation between these lines and with any gas lines, power lines etc. 2. BMC 38.540.020 M - Provide sufficient snow storage onsite. Provide a brief snow storage calculation and additional areas for storage onsite prior to Final Site Plan Approval. 3. The Applicant must submit a bicycle rack that is consistent with the requirements found in 38.540.050.A.5.a. prior to Final Site Plan Approval. Departure Request 1. Applicant is requesting a departure for the minimum required transparency found in the block frontage requirements for landscaped facades, BMC 38.510.030.C which requires 15% transparency. The applicant is proposing 13.9% on 8 facades (total of 7 buildings). The applicant states that “the buildings as designed have significantly larger façade areas than is typical for two-story residential construction. This is due to the design intent to create verticality through the use of taller forms to break up longer facades, vary massing, create visual interest, and create please proportions. The side effect of these taller forms is that it drives up the overall area, and therefore increases the required transparency area.” a. The departure is allowed if it meets the additional criteria that “The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas.” Staff supports the departure and concurs with the applicants reasoning. The applicant has added ‘floor-to- Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 4 of 19 ceiling’ and ‘wall-to-wall’ glass that provides the desired effect of transparency, visual interest, and does not create any blank walls. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 5 of 19 Figure 1: Location & Current Zoning Map Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 6 of 19 Figure 2: Growth Policy Map Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 7 of 19 Figure 3: Proposed site plan Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 8 of 19 Figure 4: Conceptual Renderings Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 9 of 19 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 Yes Comments: Growth Policy - Urban Neighborhood: This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. . . Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. . . . Staff Evaluation: This project meets the goals of urban neighborhood by providing a relatively more dense housing development than the adjacent pattern of primarily single detached household. It is adjacent to parks, including a linear park immediately to the south, Zoning District - Residential medium density district (R-3): The intent of the R-3 district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse affect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Staff Evaluation: This project meets the allowed uses and density for the R-3 zoning district. In addition, it is providing an alternative housing type than the surrounding neighborhoods, with more density than the adjacent detached households. The 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with Conditions The final bylaws for the condominiums, including the covenants, conditions and restrictions for the condominium development must be submitted and approved prior to final site plan approval. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 10 of 19 Comments: There are no current violations on the subject 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 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, building materials and character are compatible to the immediate environment of the site and neighborhood. There are four phases proposed for this site plan. The construction management plan, pavement, curb line and street boulevard, sidewalks, signage and striping, water and sewer mains and services, storm water collection and retention systems for the entire site will all be constructed with Phase 1. The buildings will be built in four phases. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No additional use permits are required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Townhouse and rowhouse dwelling Yes Form and intensity standards 38.320 Zoning: R-3, Residential Medium Density Setbacks (feet) Structures Parking / Loading Yes Front (Refer to block frontage) NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: The proposed townhouse dwellings are a principle use in R-3 zoning. The proposed setbacks meet the minimum requirement. Lot coverage 32% Allowed: 40% Yes Building height 34’ (pitch up at 12:12) Allowed: <3:12 – 36’ >3:12 – 46’ Yes Comments: The residential buildings roof pitch alternates between 4:12 and 12:12 and are below the maximum height limit of 46’ for roofs pitched over 3:12. Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no applicable zone specific or overlay standards. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes Comments: The project is in compliance with the supplemental use criteria for townhouse and rowhouse dwellings. The units provide pedestrian access directly to a right of way and vehicular access via an Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 11 of 19 internal drive that meets the minimum width adopted by the city. The proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials. The project proposes adequate usable space next to each unit, refer to Section 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) below for additional discussion on open space. . Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 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 Yes, with Conditions Level of Service 38.400.060 NA Transportation grid adequate to serve site Yes The proposal provided public access easement language which was found to be sufficient by the Engineering Department. Final Site Plan Approval is pending submission and review of the owner executed easement inclusive of the pending public utility easement exhibit as noted in the concept review comments narrative. Based on the anticipated peak hour trips (as determined using the Institute of Transportation Engineers Trip Generation Manual, 10th ED), the Engineering Department waived the requirements for a Transportation Impact Study for this site plan. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads and are either already installed or being installed with this site plan. In addition, sidewalks are proposed along the internal drive for the site plan development. The onsite sidewalks must be installed prior to issuance of occupancy permit, or are subject to an approved improvements agreement and must be financially guaranteed. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided via Westwind Way to the east and Autumn Grove Street to the north. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. In addition to the two vehicular access points, pedestrians have access to Davis Lane to the west and to a public trail corridor to the south. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 12 of 19 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were reviewed and found adequate. 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, with condition Water, sewer, and stormwater Yes, with condition Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with conditions Comments: BMC 38.410.060.C.1 – The proposal provided public utility easement language which was found to be sufficient by the Engineering Department. Approval is pending submission and review of the owner executed easement inclusive of the pending public utility easement exhibit as noted in the concept review comments narrative. A water design report must be prepared by a professional engineer, reviewed and approved by the City for the proposed project. The water distribution system must be designed to meet the maximum day demand plus fire flow and the peak hour demand. The CILWR is estimated to be $34,968.00. The final amount owed must be approved and paid prior to final site plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. 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 Comments: The proposal submitted a Stormwater Management Design Report, prepared by Madison Engineering, dated December 2021. The report was reviewed and found sufficient by the Engineering Department. The proposed storm water management system consists of overland sheet flow, curb and gutter and piping that will direct stormwater to an on site ADS Stormtech SC-740 retention/infiltration basins to serve the site. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 13 of 19 Off-site discharge is not proposed. The infiltration basins will be excavated to native gravels to permit maximum infiltration. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 1.41 ac. Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. This proposal is required to provide 1.41 acres of parkland, which is valued at $2.07 per square foot, totaling $127,138.57. This CIL is required to be paid prior to final plan approval. It is the Parks Department practice to use the CIL money received in proximity to the site that paid them to ensure the proposed project as well as existing residents benefit from the improvements. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing Cash-in-Lieu of Parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscape block frontage Trail/park block frontage Special residential block frontage Yes, with the Director’s granting of the departure request Departure criteria Façade transparency Yes, with departure approval Comments: The project is surrounded by Landscape block frontages designated streets, a park/trail block frontage designation to the south, and internal pathways within the Site. The project would meet the requirements for all of the above block frontage designations with one departure request that is discussed further below. Building placement: All buildings are meeting minimum 10’ building setback along the Landscape block frontage designations. Where the buildings are adjacent to the public linear park to the south, they are meeting the Mixed/Landscape block frontage and set back at least 10’. Building entrances: The buildings have entrances facing the streets. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 14 of 19 Façade transparency: All buildings are meeting the minimum required transparency except for those requesting a departure (see discussion below). Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: All parking is located to the side, on street, or within garages. Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building. Sidewalk width: The street frontage sidewalks are either existing (along Davis Lane), or proposed with the site plan and meet City standards. The buildings facing Davis Lane have been designed so the facades facing the arterial street both appear and function as front facades. Departure Request - Applicant is requesting a departure for the minimum required transparency found in the block frontage requirements for landscaped facades, BMC 38.510.030.C which requires 15% transparency. The applicant is proposing 13.9% on 8 facades (total of 7 buildings). The applicant states that “the buildings as designed have significantly larger façade areas than is typical for two-story residential construction. This is due to the design intent to create verticality through the use of taller forms to break up longer facades, vary massing, create visual interest, and create please proportions. The side effect of these taller forms is that it drives up the overall area, and therefore increases the required transparency area.” The below image shows the facades that have a departure request circled in red. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 15 of 19 Staff supports the departure and concurs with the applicants reasoning. In addition, the applicant has added ‘floor-to-ceiling’ and ‘wall-to-wall’ glass that provides the desired effect of transparency. 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 38.520.040 Yes Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the rights of way. Appropriate onsite pathways for pedestrians have been provided. The additional requirements for ‘relationship to adjacent properties’ are not applicable to this site plan as the proposed development is separated from existing developments by a future right of way, thus not triggering the residential adjacencies criteria found within 38.520.030. 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 38.520.050 Yes Internal roadway design 38.520.050.D Yes Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 16 of 19 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes, with code requirement Parking requirements residential 38.540.050.A.1 141 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 205 Provided on-street NA Bicycle parking 38.540.050.A.4 30 Yes Comments: Parking is provided with a combination of garage, driveway and open parking alone the internal drive. There are 94 garage spaces, 94 driveway parking spaces, and 17 internal drive parking spaces. Total parking provided is 205. There are 15 required bicycle parking spaces, and 30 spaces are provided, in addition to presumed storage within the garages. This exceeds the required bicycle parking spaces. The Applicant must submit a bicycle rack that is consistent with the requirements found in 38.540.050.A.5.a. prior to Final Site Plan Approval. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes Total required 9,296 sf Yes Total provided 9,639 sf Yes Comments: In addition to the requirements within 38.520.060, this proposal is required to meet the open space criteria for Townhouse and Rowhouse dwellings found in the supplemental criteria, 38.360.250. Townhouses and rowhouses must provide open space at least equal to ten percent of the building living space. The required open space is being provided through private porches and private open space. The private space adjacent to the buildings are meeting the minimum dimensions of 12 feet on all sides. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located to provide safe and convenient use while minimizing any adverse effects and protect residential uses. They are appropriately screened and landscaped. 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 proposed buildings are meeting the massing and articulation requirements, as well as the supplemental criteria for townhomes and rowhouses. The buildings provide façade articulation at a cadence of approximately every 30 feet with change in material, change in windows, change in roofline, and entries with weather protection features. As discussed previously, the proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 17 of 19 Additional berth – minimum 45 feet length NA Comments: No loading berths or require or proposed for this site plan. 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 Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with this site plan. 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: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the Site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no mapped or suspected wetlands or floodplains. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public notice period ran from May 6th until June 6th with 35 comments received (note some of these were duplicative that were submitted through multiple avenues). A summary of the main public comments received, and staffs analysis is provided below. Density – Commenters expressed concern that the density is out of character with the neighborhood and zoning district. The R3 has a minimum density of 5 dwellings per acre, which this exceeds. This parcel is 5 acres, or 217,800sf, multiply the 5 acres times 5 units and this project requires a minimum of 25 units to meet the baseline density. Each unit needs 3,000sf of lot area per dwelling unit in townhouses and rowhouses configurations. As this parcel is 217800sf, divide that by 3,000sf and the site is allowed to build up to 72 units, thus the 47 units falls within this range. Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 18 of 19 The adjacent neighborhood is predominately single detached households that are one to two stories tall. While the proposed homes provide more density than detached households, they are supporting the Growth Policy intent to provide a “variety of types, shapes, sizes, and intensities of homes in a urban density. Large areas of single type of housing are discourage.” This proposal provides the additional density and alternative types of housing. In addition, the intent of the R3 zoning district is to provide for a “variety of housing types including . . . townhouses to serve the varied needs of households of different size, age and character.” Thus while this proposal may not mimic the immediate neighbors, it is not the intent of the Growth Policy or zoning district to do such. Public safety/ parking – Concern was expressed that increased units will increase and/or create traffic problems and parking. The proposal has streets and parking that meets the adopted engineering standards that were adopted and approved by the Engineering Department. The Engineering Department has reviewed the proposal and found it is sufficient, meeting adopted standards, and is adequate for approval. Lack of onsite parkland provided – comments provided regarding the lack of onsite public parkland provided (note this is different from onsite open space for residents which has been provided). Typically, parkland is requested when a subdivision is being proposed. This development is going through a site plan, which is when a development occurs within a built subdivision. If the previous parent subdivision did not entirely satisfy the parkland requirement (as is the case for this project), the remaining parkland for site plan comes as CIL of parkland. This CIL is used to develop the nearby parks with improvements such as benches, tables, playgrounds or other parkland amenities. . . Since this project is not part of a subdivision, and there is a large amount of parkland nearby, the CIL was approved and will be paid by this development. In regards to Improvements-in-lieu of parkland (IILP), which could have been provided by this application, there was no park improvement plan that the Parks Department could use to guide the location and type of these IILP’s. As a result, the Parks Department decided that it was best to accept CILP and to install thoughtfully planned and proposed improvements at a later date. It is practice to use the money geographically close to the project that provided the cash in a timely manner. Renter to owner ratio – Comments were received requesting the city to regulate the ratio of owners to renters. The City does not have a policy of regulating the renter to owner ratio. Question on short term rentals – A question was raised regarding short term rentals being allowed. Today, with the current regulations the City has adopted, this site does allow short term rentals, same as all of Westwinds Subdivision does. The City categorizes short term rentals into three types, Type 1, 2, and 3. This site is allowed to do Type 1 & 2 short term rentals. Type 1 requires the owner present during the duration of the short term rental, and type 2 requires the owner occupies the dwelling as their permanent home (at least 6 months a year). Note this is for short term rentals (anything less than 28 days). Type 3 (which is not owner occupied) is not allowed at this site. Design – comments were received that this is not consistent with surrounding neighborhoods. Staff has reviewed the project against Bozeman’s building design standards, and furthermore the townhouse rowhouse supplemental criteria which requires a certain amount of variety to break up Staff Report Autumn Grove Condominium Site Plan Application 21479 June 13, 2022 Page 19 of 19 rowhouses and townhouses and found this project is adequate. Beyond that, we do not guide architects as to exactly what style they must use. (Refer to Section 7c for additional discussion on building design.) 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: Required easements for vehicular and pedestrian use, as well as utilities have been adequately provided and reviewed. All easements must be recorded prior to final Site Plan approval.