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HomeMy WebLinkAbout22065 Staff Report Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 1 of 15 Application No. 22065 Type Site Plan Project Name Lot 18 – Nelson Meadows Site Plan Summary This is a site plan for the development of a 9,772 sf office and retail building with supporting warehouse space and loading area located on Lot 18, Block 4 of the Nelson Meadows Subdivision. This development application includes associated parking, pedestrian pathways, stormwater infrastructure, landscaping, irrigation, and lighting. Zoning M-1 Growth Policy Industrial Parcel Size 0.95 acres Overlay District(s) N/A Street Address 3555 Royal Wolf Way, Bozeman, MT 59718 Legal Description Lot 18, Block 4 of Nelson Meadows Subdivision, SE ¼ S22, & NE ¼ S27, T01 S, R05 E, 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 Rex Leipheimer, Vista LLC, 489 Wildrose Lane, Belgrade, MT 59714 Applicant Mark Pospicil, Plum Design Lab, 875 Bridger Drive, Unit F, Bozeman, MT 59715 Representative Same as Applicant Staff Planner Nakeisha Lyon Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 10/21/22 to 11/04/22 10/21/22 10/21/22 N/A Advisory Boards Board Date Recommendation Development Review Committee 04/13/2022 Inadequate for Further Review Development Review Committee 07/19/2022 Inadequate for Further Review Development Review Committee 09/20/2022 Inadequate for Further Review Development Review Committee 10/20/2022 Adequate for approval with conditions and code provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 11/21/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 2 of 15 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 is permit the development of a 9,772 sf office and retail building with supporting warehouse space and loading area located on Lot 18, Block 4 of the Nelson Meadows Subdivision. This development application includes associated parking, pedestrian pathways, stormwater infrastructure, landscaping, irrigation, and lighting. 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 21st day of November, 2022, Anna Bentley, 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. DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEES Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 3 of 15 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. Recommended Conditions of Approval: 1. Engineering - DSSP Section V 4. – Relocate tapping tee and value installation note from A1.0 to C1.2. for clarity in property boundary survey detail marks and the valves to the water service/fire line. Please show a note to install tapping tee and valve between the main and fire line or install valve at property line. 2. Engineering - City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorders office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) on City standard form for the project. Please populate the requested information in the uploaded city standard SID waiver and return a final draft for review to the review engineer. The waiver must be executed and filed accordingly with the Clerk and Recorder’s Office prior to final site plan approval. 3. Planning – Window Transparency - Please provide a window sample or demonstration of transparency of all transparent material utilized for the proposed building prior to the approval of a building permit. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. Engineering - BMC 38.410.130 (A)(1) – Cash in lieu of water rights must be paid prior to final site plan approval. 2. Planning – BMC 38.410.080 - Surface stormwater facilities must demonstrate compliance with this provisions which includes cross sections for each facility which depicts the native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders that naturalize these areas. Please provide cross sections accordingly. 3. Planning - BMC 38.520.070. The rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from pathways to soften views of the screening element and add visual interest unless a departure which meets the intent of the standards and adds visual interest to site users is reviewed and approved. As the rear of the trash enclosure located on the subject property does not meet this provision, the design must be amended or a departure must be applied for and approved prior to final approval of this site plan application. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Northwestern Energy - Please note that no deep rooted trees can be planted over NWE facilities. 2. Northwestern Energy - Please note meter screening requires 4ft clear zone in front of meters. 3. Northwestern Energy - Keep in mind a 7 x 7 transformer pad will need to be set somewhere near this location. 4. Water and Sewer Division - Any water service that is not used must be terminated at the main in the street. Please show this on your future site plans. 5. Water and Sewer Division - Make sure these two trees have 10' of separation from the water service. 6. Building - City of Bozeman and the State of Montana are adopting the new ICC 2021 Building Codes Spring of 2022. First part of June. Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 4 of 15 Figure 1: Zoning Map Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 5 of 15 Figure 2: Future Land Use Map Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 6 of 15 Figure 3: Proposed Site Plan Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 7 of 15 Figure 4: Proposed Landscaping Plan Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 8 of 15 Figure 5: Elevations Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 9 of 15 Figure 6: Photometric Plan Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 10 of 15 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 Industrial Yes Zoning M-1 (Light Manufacturing District) Yes Comments: The uses as denoted within the SP submittal are allowed within the zoning district. 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. The proposed uses of the site are consistent with the allowed uses of the M-1 district. 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. Applicable conditions of approval and code provisions applicable to this SP are denoted above and must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or 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. 38.230.160. Any additional use permit (Special use Permit) 38.230.120 N/A Comments: There are no additional use permits required for this site plan application. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Warehousing, storage, or handling of bulk goods; office Yes Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 11 of 15 Form and intensity standards 38.320 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage: 10 feet (Other) Block Frontage: 10 feet (Other) Rear 3 feet N/A Side 3 feet N/A Alley N/A N/A Comments: Warehousing, storage, or handling of bulk goods, and offices are permitted uses within the M-1 zoning district. The proposed setbacks meet all M-1 zoning district standards with a 25’ front setback off Royal Wolf Way which meets the minimum 10’ setback required by the Other block frontage. The minimum 3’ side and rear setbacks are also met. There is a 20’ utility easement along the property boundary adjacent to Royal Wolf Way, 10’ utility easement along the side lot lines, and a 10’ utility easement in the rear of the lot. Lot coverage 23% Allowed 100% Yes Building height 24’6” building height Allowed 50 feet Yes Comments: The peak of the flat roof is at approximately 24’6” in height. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 Yes 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 impact study was previously provided with the Preliminary Plat application for the overall subdivision known as Nelson Meadows Park Place Industrial Park which was conducted June 2018 that was deemed sufficient by the City’s Engineering Department. This study utilized the ITE Land Use Code 130: Industrial Park for development of project traffic generation for the development. The 10th Edition ITE trip Generation Manual defines this use as, an industrial park, which contains a number of industrial or related facilities. An industrial park is characterized by a mix of manufacturing, service, and warehouse facilities with a wide variation in the proportion of each type of use from one location to another, and some may contain highly diversified facilities with a large number of small businesses and other with one or two dominant industries. The applicant provided a traffic memo regarding the specific generation rates for the warehousing and small office building land uses on the subject property and has requested a waiver from completing a new updated traffic study based on the minimal impacts of the proposed uses from the original completed study. The Engineering Department has granted this waiver with the approval of this site plan application. Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 12 of 15 Sidewalks 38.400.080 Yes Comments: A proposed city standard sidewalk will be developed along Royal Wolf Way to facilitate pedestrian connectivity throughout Nelson Meadows Subdivision and connecting to the internal pathway system within the proposed development. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Royal Wolf Way. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Applicable waiver of Right to Protest Creation of Special Improvement Districts (SID’s) have not yet been submitted to the Engineering Department for review and approval. This has been included as a condition of approval to be satisfied prior to final approval of this application. 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 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 platting process associated with the overall Nelson Meadows Subdivision which was waived since this is an industrial subdivision. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation N/A 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 platting process associated with the overall Nelson Meadows Subdivision. 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 Yes 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. Applicable cash in lieu of water rights was determined formally by the Engineering Department and have not yet been paid to the City of Bozeman. Payment is due prior to final approval of this site plan application and is associated with a code provision unmet for this site plan application. 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 Staff Report Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 13 of 15 Stormwater maintenance plan Yes 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 Bozeman 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 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 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 an industrial development, and does not trigger parkland dedication, which was reviewed for applicability during the platting process associated with the overall Nelson Meadows Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Other – Royal Wolf Way Yes Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the “Other” block frontage for Royal Wolf Way. Ground floor uses are permitted in accordance with the BMC. The building placement meets the 10 feet front setback minimum of the block frontage designation. The building entrance is orientated towards Royal Wolf Way and is visible as well as accessibility via a pedestrian pathway to the sidewalk along Royal Wolf Way. The façade transparency meets the 10% requirement for the entire elevation. Weather protection of at least 3’ in depth is met by a 6’ awning over the primary business entrance. The applicant has provided a 10’ buffer between the street and parking locations as well as the building. Low level landscaping is provided between the building and the street as well as applicable sidewalk widths are met. 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 38.520.040 Yes Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the proposed public sidewalk system along Royal Wolf Way. All design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, have been met. 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 Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 14 of 15 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 16 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 16 Provided on-street N/A Bicycle parking 38.540.050.A.4 3 provided, 2 required Comments: The proposed parking meets minimum requirements for the non-residential uses of warehouse with accessory office or retail sales facilities. The warehouse requires 1 parking space per 1,000 sf with an accessory office space requiring 1 space per 350 sf. The applicant has utilized the 0.85 traditional factor for the required parking space calculations. In total, 16 parking spaces are required for this project. The applicant has provided the required 10% bicycle spaces per the BMC, with 3 bicycle spaces included near the entrance of the building. 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: A loading berth is not required nor proposed for this subject property. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required 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 platting process for the Nelson Meadows Subdivision. On-site open space 38.520.060 N/A Total required N/A N/A Total provided N/A N/A Comments: The subject property is zoned M-1, which is an industrial zoning district, and therefore, exempt from on-site open space requirements. Location and design of service areas and mechanical equipment 38.520.070 No, departure or redesign required Comments: Requirements of the location and design of service areas, and mechanical equipment have been reviewed for conformance and are partially satisfied within this SP application. Sec. 38.520.070.C. requires that the rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from pathways to soften views of the screening element and add visual interest unless a departure which meets the intent of the standards and adds visual interest to site users is reviewed and approved. The rear of the trash enclosure located on the subject property does not meet this provision. Therefore, the design must be amended or a departure must be applied for and approved prior to final approval of this site plan application. Based on the existing design, Staff would support a departure to be reviewed by the Community Development Director or her designees. 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 Lot 18 – Nelson Meadows Site Plan Application 22065 November 21, 2022 Page 15 of 15 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 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 38.560.060 250 sf per lot Yes Proposed SF/building N/A Yes Comments: A maximum 250 square feet per lot is allowed in the M-1 district. Requirements of BMC 38.550 for signage such as placement, size, and details were not reviewed for conformance with BMC 38.560 nor were these sign approved within this SP application. All signage will be reviewed and approved as part of a separate signage and building permit. 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. 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 platting process for the Nelson Meadows Subdivision. 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 occurred on October 21, 2022 to November 4, 2022 following adequacy of this SP application. The property posting and mailing to adjacent owners occurred on October 21, 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.