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HomeMy WebLinkAbout22134 Staff Report Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 1 of 16 Application No. 22134 Type Site Plan Project Name Bozeman Gateway PUD Parking Lot Summary This site plan application proposes the construction of 152 parking spaces within the Bozeman Gateway Subdivision with associated infrastructure improvements pertaining to the landscaping, irrigation, and pedestrian pathways. Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 1.62 acres Overlay District(s) Bozeman Gateway Subdivision Planned Unit Development Street Address Not Applicable (No structure proposed) Legal Description Common Area 7A and 8A of Amended Plat of Bozeman Gateway Subdivision P.U.D. Phase 2, Plat J-474 located in the NW 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner R. Otto Maly, GKT Bozeman Gateway, Phase 4, LLC, 211 N. Stadium Blvd, STE 201, Columbia, Missouri 65203 Applicant Robert Green, GKT Bozeman Gateway, Phase 4, LLC, 211 N. Stadium Blvd, STE 201, Columbia, Missouri 65203 Representative Celine Saucier, Morrison Maierle, 2880 Technology Blvd, West, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 07/22/2022 to 08/05/2022 07/22/2022 07/22/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 07/20/2022 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 08/19/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 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 of Bozeman a Site Plan (SP) to permit the construction of 152 parking spaces within the Bozeman Gateway Subdivision with associated infrastructure improvements pertaining to the landscaping, irrigation, and pedestrian pathways. The purposes of the Site Plan review is 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 19th day of August, 2022, Anna Bentley, Interim Director of Community Development, or her designees, approved with conditions and code provisions 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 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. INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEES Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 3 of 16 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended 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. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. BMC 38.220.080. Site plan submittal requirements. Please provide the ADA certification block that states acknowledgment of State and Local Accessibility requirements. There is an error in the ADA reference that must be revised. Sheet titles and legal descriptions must reflect that these parcels are now Common Area Lots 7A and 8A based on the recently approved and recorded subdivision exemption. Plans/drawings must not contain disclaimers such as Not to Scale or Preliminary and Not for Construction. Please remove this on all sheets that have this indication on them. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. No applicable advisory comments. Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 5 of 16 Figure 2: Community Plan Designation Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 6 of 16 Figure 3: Overall Site Plan Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 7 of 16 Figure 4: Proposed Utility Plan Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 8 of 16 Figure 5: Proposed Grading and Drainage Plan Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 9 of 16 Figure 6: Proposed Lighting Plan Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 10 of 16 Figure 7: Proposed Landscaping Plan Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 11 of 16 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Regional Commercial and Services Yes Zoning B-2 (Community Business District ) Yes Comments: The proposed parking lot as denoted within the SP submittal are allowed within the zoning district to support the existing and future proposed uses within the Bozeman Gateway PUD. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. No specific conflicts identified. Additional steps will be required including but not limited to the 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 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: The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 N/A N/A Form and intensity standards 38.320 Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 12 of 16 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front N/A 10 feet – Block Frontage Rear N/A N/A Side N/A N/A Alley N/A N/A Comments: The proposed setbacks meets all B-2 zone district standards with a 10’ front setback off Harmon Stream Blvd. based on the Mixed (Landscaped) Block Frontage designation, and 0’ for the rear and side setbacks as allowed per Sec. 38.320.050.Footnote 16 as coordinated parking arrangements exist between the adjacent properties in the Bozeman Gateway PUD. As denoted on page 15 of the Bozeman Gateway Development Manual, all off-street parking areas are to be held in common ownership by the property owners’ association. Approximately 91 of these vehicular spaces are intended to support the restaurant and alcohol sales for on-premises consumption use of Texas Roadhouse to occur to the northeast of this subject property. There is a 10’ public utility easement along the western property boundary and 15’ water and sewer easement running along the northern property boundary. There are two 25’ public trail easements running north-south, each along the eastern portion of each common area lot boundary. The proposed parking lot will be accessed via internal drive aisles running east-west from Harmon Stream Blvd. Lot coverage N/A Allowed N/A N/A Building height N/A Allowed N/A N/A Comments: Provisions regarding lot coverage and building height are not applicable as no structures are proposed on this subject property. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 N/A Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic study was provided, reviewed, and deemed sufficient by the City’s Engineering Department. Sidewalks 38.400.080 Yes Comments: City standard sidewalks are proposed along Harmon Stream Blvd. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided via Harmon Stream Blvd through internal drive aisles running west-east along the north and south boundaries of the subject property. Fire lanes, curbing, striping, signage and gutters have been Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 13 of 16 reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Applicable waivers of Right to Protest Creation of Special Improvement Districts (SID’s) are on file for the subject property. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. The applicability of provisions related to Sec. 38.410.020 were reviewed during the applicable PUD process associated with the overall Bozeman Gateway Subdivision. Lot and block standards 38.410.030-040 N/A 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 previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision. The proposed parking lot design includes a pedestrian pathway that will connect to future development to the north and south of this parking area. 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 N/A 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 N/A Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy 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. Cash in lieu of water rights is not applicable to this project. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Engineering Department and Stormwater Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 14 of 16 Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a commercial development, and does not trigger parkland dedication. This was reviewed for applicability during the PUD process associated with the Bozeman Gateway Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed (Landscaped) – Harmon Stream Blvd Yes Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the “Mixed” block frontage provisions in BMC 38.510. As the “Landscaped” block frontage is the selected option out of the “Mixed” block frontage option, the applicant has provided a minimum 10’ buffer of landscaping between Harmon Stream Blvd and the proposed parking area. Design and place making requirements of the “Landscaped” block frontage are not applicable as no building is proposed within this SP application. 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 N/A 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: This proposed development conforms to requirements of Sec. 38.520. This includes a pedestrian pathway that will connect to future development to the north and south of this parking area. All design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, were previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision. 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 Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision. On-site open space 38.520.060 N/A Total required N/A ------ sf Total provided N/A ------ sf Comments: Usable commercial open space is not applicable to this SP application based on the sole proposal of parking lot infrastructure. Any applicable usable commercial open space was previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision, or during individual site development proposals. Location and design of service areas and mechanical equipment 38.520.070 N/A Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 15 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 152 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 152 Provided on-street N/A Bicycle parking 38.540.050.A.4 N/A Comments: The Bozeman Gateway PUD has a coordinated parking arrangements which exist between the adjacent properties in the subdivision. As denoted on page 15 of the Bozeman Gateway Development Manual, all off-street parking areas are to be held in common ownership by the property owners’ association. Approximately 91 of these vehicular spaces are intended to support the restaurant and alcohol sales for on-premises consumption use of Texas Roadhouse to occur to the northeast of this subject property. The remaining vehicular spaces will be for future development in the subdivision. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There is no proposed loading berths within this SP application. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 and the Bozeman Gateway PUD for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Comments: Requirements of the location and design of service areas, and mechanical equipment were previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision, or during individual site development proposals. 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 building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this SP application. Staff Report Bozeman Gateway PUD Parking Site Plan Application 22134 August 19, 2022 Page 16 of 16 Proposed SF/building N/A N/A Comments: Signage is not applicable to this SP application. 7g. Conformance with Article 5 – Lighting (38.570) 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: Lighting has been proposed within this application and is in conformance with Sec. 38.570 and the Bozeman Gateway PUD. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the Bozeman Gateway PUD process. Any changes have been indicated as part of the infrastructure plan submittal concurrently applied for with this application. No impacts to surface waters and floodplains were identified. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 is currently occurring as of July 22, 2022 and ends August 05, 2022. The property posting and mailing to adjacent owners occurred on July 22, 2022. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any applicable conditions and code provisions related to required easements are included in this staff report.