HomeMy WebLinkAbout23015 Staff Report Staff Report
Barnard Headquarters
Application 23015
5/18/2023
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Application No. 23015 Type Site Plan
Project Name Barnard Headquarters
Summary A proposal for the construction of a commercial office building on three vacant lots located within the Nelson Meadows Subdivision. The site is currently vacant and zoned M-1, Light Manufacturing District. The proposed building is four stories and totaling 131,944 gross square feet. The proposal includes applicable infrastructure, parking lot, sidewalk and trail construction.
Zoning M-1 Growth Policy Industrial Parcel Size 424,710 sf 9.75 acres
Overlay District(s) None
Street Address TBD Royal Wolf Way
Legal Description Lot 26, Block 7 and Lot 24 & 25, Block 8, Nelson Meadows Subdivision, Plat J-680, Section 22, Township 1 South, Range 5 East of P.M.M. City of Bozeman, Gallatin County, Montana. Owner Barnard Construction Company Inc., Kent Merselis, 701 Gold Ave, Bozeman, MT, 59715
Applicant Sanderson Stewart, Lenna Johnson, 106 E Babcock St, Suite L1, Bozeman, MT, 59715
Representative Sanderson Stewart, Dena Knutson, 106 E Babcock St, Suite L1, Bozeman, MT, 59715
Staff Planner Lynn Hyde Engineer Mikaela Schultz
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
4/30/2023 – 05/15/2023 4/30/2023 4/28/2023 NA
Advisory Boards Board Date Recommendation
Development Review Committee 4/19/2023 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Design Review Board 5/15/2023 The Community Development Board (CD Board), acting in their capacity as the Design Review Board (DRB) reviewed this project. The motion to recommend approval passed 7-1.
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 5-24-23
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
Barnard Headquarters
Application 23015
5/18/2023
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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 a 4 story commercial office building (131,944 sf) within the Nelson Meadows Subdivision, zoned M-1. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 24th day of May, 2023, 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
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional code provisions are required and are included below and recommended for approval 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. 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 a City
standard form for the following:
a. Street improvements to Prince Lane between Nelson Road and Frontage Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
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Application 23015
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b. Street improvements to Royal Wolf Way between Nelson Road and the Northern right-of-way established
with the Nelson Meadows subdivision plat including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
c. Street improvements to Nelson Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
d. Street improvements to Frontage Road between Nelson Road and Easy Valley Center Spur/Prince Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Prince Lane and Nelson Road including lighting, signalization/channelization,
paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at Prince Lane and Royal Wolf Way including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Prince Lane and Frontage Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Royal Wolf Way and Nelson Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at Frontage Road and Nelson Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at East Valley Center Spur and Frontage Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed shall 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 said 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 final
plan approval.
3. Prior to building permit occupancy, the applicant must demonstrate that they have obtained a water right for the
geothermal system.
CODE REQUIREMENTS
1. BMC 38.230.100.A.11 and BMC 38.350.030 Use of lands, buildings and structures. There are currently three lots
underlying the proposed site plan. Prior to final plan approval, the applicant must reconfigure lot boundaries or
aggregate the lots in order to comply with standards. The amended plat must be filed prior to final plan approval.
2. BMC 38.270.030.C.- Concurrent Construction. Prior to building permit issuance, the applicant must show that all
criteria found within BMC 38.270.030.C.1 have been met in order to for concurrent construction to be approved. No
building permits can be issued until concurrent construction approval.
3. BMC 38.400.060.C.2 Public Utility Easements. A 20' public utility easement must be provided around the fire
hydrant extending into the site. Please find the city standard Sewer and Water Pipeline Access Easement and
Agreement in the city documents file. This easement must submitted to the city for review. Following review, a final
executed original hard copy must be returned to the review engineer prior to final plan approval.
4. BMC 38.400.060.E Other easements. The 30' pedestrian corridor easement provided via subdivision must be
relocated and provided north south through the property along the West side of the building per 38.410.040.D. Be
advised, the template language will need to be updated to allow for the curb and gutter, and parking structures
planned within the easement. This easement must submitted to the city for review. Following review, a final executed
original hard copy must be returned to the review engineer prior to final plan approval.
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Application 23015
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Figure 1: Current Zoning Map
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Figure 2: Future Land Use Map
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Figure 3: Proposed Site Plan - East
Figure 4: Proposed Site Plan - West
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Figure 5: Proposed Site Plan – North
Figure 6: Exterior Elevations (Colored)
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Application 23015
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Figures 7: Exterior Elevations (Colored)
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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 Industrial Yes
Zoning M-1, Light Manufacturing District Yes
Comments: Industrial Land Use: This classification provides areas for manufacturing, warehousing, technology industries, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. Uses that would be harmed by industrial activities are discouraged from locating in these areas. Although use in these areas is intense, they are part of the larger community and standards for architecture and site design apply. In some circumstances, uses other than those typically considered industrial have been historically present in areas that were given an industrial designation in prior growth policies. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. This project is furthering the goals of the industrial growth policy and light manufacturing district by providing headquarters to Barnard Construction Company and potentially other compatible tenants. The site is in a newly created industrial subdivision with convenient access to major transportation networks. In addition, the proposal provides landscaping and design modifications to minimize any adverse effects on adjacent properties. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership NA Comments: Not applicable to this project.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations NA Comments: There are no current violations with the site or application.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes
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Application 23015
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Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: NA Comments: No phasing is proposed
There are currently three lots underlying the proposed site plan. Prior to final plan approval, the applicant
must perform a subdivision exemption to aggregate the lots into one lot. Refer to Code Requirement 1.
The applicant has requested concurrent construction pursuant BMC 38.270.030.C. The Development Review Committee (DRC) reviewed the concurrent review request and found it adequate, so long as criteria found in BMC 38.270.030.C.1 is satisfied prior to building permit issuance. Refer to Code Requirement 2. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA
Comments: No additional permits are required for the proposed use. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Office Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures (allowed) Parking / Loading Yes
Front Refer to block frontage standards. Rear 3’ NA Side 3’ NA Alley NA NA Comments: The proposed use is for offices which is an allowed use in the M-1 zoning district. Offices are defined in BMC 38.700.140 as “Buildings or portions of buildings in which commercial activities take place but where goods are not produced, sold or repaired. These include but are not limited to general and professional offices . . . “. Front setback provisions are set forth in the block frontage standards. Refer to Section 7a below for an analysis of the block frontage standards. All form and intensity standards set forth in the M-1 zoning district are satisfied.
Lot coverage Allowed: 100% 7.37% Yes
Building height Allowed: (50’ + 2’-6”) = 52’-6”
51’ Yes
Comments: The maximum height limit is 50’, however in the building height (found in BMC 38.700.030.B) it states “where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one foot for every one foot in grade difference, up to a maximum of six additional feet”. The grade change on this site allows the building height to be increased to 52’-6” rather than the standard maximum height of 50’. In addition, the applicant is utilizing encroachments allowed above the maximum height limit for a parapet to encroach above the maximum height limit. Refer to below discussion in regards to general land use standards and allowed height encroachments. Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no applicable zone or overlay standards.
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Application 23015
5/18/2023
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General land use standards and requirements 38.350 Yes Comments: The proposed design is utilizing height encroachment provisions that allow elements of the building to extend above the maximum limiting height, which for this building is 52’-6”. Parapets walls are proposed to encroach above maximum height limit 4’ as is allowed per 38.350.050.D.2.a. In addition, there is a stairwell ‘penthouse’ that extends an additional 7’ above the top of the parapet wall, or 11’ above the maximum height limit which is allowed per 38.350.050.D.2.c. These height encroachments are permissive. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA
Comments: There are no applicable supplemental criteria required for this project.
Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA
Affordable housing plan NA Comments: There are no wireless facilities nor affordable housing with this proposal.
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 Level of Service 38.400.060 Transportation grid adequate to serve site Yes
Comments: The north south oriented mid-block crossing that was required with the original subdivision is being relocated slightly. The easement is required to be released and reconveyed prior to final site plan approval. Refer to Code Requirement 3. The applicant provided a Trip Generation Comparative analysis that compares the original traffic impact study that was done for the Nelson Meadows Subdivision with what is actually being proposed. The comparative analysis shows the updated projected vehicular trips are slightly less than what was originally forecasted for Nelson Meadows Subdivision. From the analysis, it is recommended that a traffic signal study be conducted for the intersection of Nelson Road and the I-90 Frontage Rd. Sidewalks 38.400.080 Yes Comments: Sidewalks are being constructed along Prince Lane and Royal Wolf Way. A transportation pathway is provided along the southern side adjacent to Frontage Rd. Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage and striping Yes Comments: The proposed design has three curb cuts to public rights-of-way, one access point on Prince Land, and two onto Royal Wolf Way. A utility easement is required to provide access to the fire hydrant located within the site. Refer to Code Requirement 3.
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
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Application 23015
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Public transportation 38.400.120 NA Comments: Street vision triangles were reviewed and found to be adequate. There is an existing ten-foot asphalt transportation pathway that runs east/west along the southern side of the property. 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 NA
Midblock crossing: rights of way for pedestrians alternative block delineation Yes, with code requirement Comments: There is an existing north south mid-block crossing that was designated during the original Nelson Meadows Subdivision. The applicant will need a new to record a new 30' trail corridor easement corridor through the property along the West side of the building prior to final plan approval. Refer to Code Requirement 3. 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 rights (CILWR) Yes Comments: To satisfy the City’s water adequacy requirement, a cash-in-lieu of waters rights was required to be paid prior to final site plan approval. The applicant paid $39,851 on 3/23/2023. In addition, the applicant is proposing a geothermal system. Prior to building permit occupancy, the applicant must demonstrate that they have obtained a water right for the geothermal system. Refer to Condition of Approval 3. Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department and found to be adequate.
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: The stormwater plan proposes a series of underground chamber systems for infiltration and treatment of stormwater runoff. Engineering has reviewed their stormwater plan and found it adequate. Watercourse setback 38.410.100 Yes
Watercourse setback planting plan 38.410.100.2.f Yes
Comments: There is an existing creek, Cattail Creek, on the eastern side of the property. Watercourse setback plantings were done with the original subdivision. Any disturbed areas will be reseeded with the native glasses. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
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Parkland requirements 38.420.020.A NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: No parkland is required for this project. Park Frontage 38.420.060 NA
Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: NA
7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Other Yes
Departure criteria Yes Yes
Comments: The site has three applicable frontages. Frontage Road to the south is a “Gateway Block Frontage”, Royal Wolf Way and Prince Lane to the north and west are “Other Block Frontage”. BMC requires the ‘Gateway’ block frontage takes precedence per BMC 38.510.020.F. The applicant is requesting a departure to use Royal Wolf Way as the primary block frontage to orient the building towards. Staff supports the departure request as it is compatible with the character of the area and will enhance Royal Wolf Way which has many projects currently proposed along that will all orient towards Royal Wolf Way. With the approval of the departure, the site is meeting the block frontage requirements in regards to building placement (varies from 100-200’) and parking location, weather protection, landscaping and sidewalk. In addition, a building entrance facing the street is encourage. At least one building entry visible and directly accessible from the street is required. The proposed building has its main entry oriented towards Royal Wolf Way and there is a pedestrian connection connecting the entrance to the public right of way. For buildings setback greater than 10’ from the sidewalk, must provide transparency of at least 10% for the entire façade. The building is providing 45% transparency for the northern façade facing Royal Wolf Way.
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 Yes
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: The sites non-motorized circulation was found to be adequate. Pedestrian paths are provided throughout the site including the parking lot. Crosswalks throughout the parking lot contain contrasting material and patterns. In addition the site is providing a pathway that connects easterly to the trail that travels along the watercourse throughout the Nelson Meadows Subdivision.
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Application 23015
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 350 Yes Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential 38.540.050.A.2 350
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 352
Provided on-street NA Bicycle parking 38.540.050.A.4 40 Comments:
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 NA Comments: There is no internal roadway proposed. The parking lot has been designed to ensure vehicles can move safely throughout the site. On-site open space 38.520.060 NA Total required NA Total provided NA Comments: Developments in the industrial zones are not required to provide onsite open space.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Trash enclosure screened with juniper species that reach a mature width of 6’ wide and 16’ tall. The majority of the mechanical equipment for the building is located internally. Secondary equipment, such as small exhaust fans, intake air infrastructure etc., is screened on the roof by a 4’ parapet wall. 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: BMC 38.530.040.E requires building with facades wider than 150’ to include at least one of the listed features to break up the massing of the building and add visual interest. The building’s design proposes a curvature. The curvature provides a vertical modulation that exceeds the minimum 6’ deep and 10’ wide. Windows are deep set approximately 6 inches from the dominant masonry wall. Proposals in the M-1 zoning district are required to provide one articulation feature every 60’. Building provides structural expression through the curvature. The applicants narrative states “the building is designed as a continuous curve such that from all vantage points and perspectives it has a dynamic modulating expression, creating a unique dialog with both the Royal Wolf Lane and Frontage Road frontages. Further, the upper three levels of the building cantilevers outward from the building’s base floor, creating a dynamic structural expression and dynamic shadow-play at the ground level.”
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Application 23015
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There are 350 vehicular parking spaces required and 36 bicycle parking spaces. The applicant is proposing 352 vehicular parking spaces and 40 bicycle parking spaces, meeting the requirements. The bicycle parking spaces are proposed with 20 outdoor spaces and 20 internal spaces. 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: The projects gross office floor area is 87,500sf, less than the 100,000 sf threshold that triggers an off-street loading berth.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes – 80% provided Parking lot landscaping Yes 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 is in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, parking lot landscaping, street frontage landscaping, acceptable landscape materials and street frontage trees. The 100’ wide Yellowstone Pipeline easement runs through the site. This easement is shown in the image below. The easement language precludes the planting of trees, therefore in areas of the parking lot, and along the frontage, trees are not provided. Where the applicant was unable to plant street trees, the trees were located internally on the site where the easement is not present.
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Landscaping of public lands 38.550.070 Yes Comments: The applicant is providing the required number of street trees which includes 12 large canopy trees along Prince Lane and 24 large canopy trees along Royal Wolf Way. As mentioned above, the existing Yellowstone Pipeline easement precludes the planting of street trees in some areas. Where the trees cannot be located along the street, they are provided internally on the site, outside of the easement boundaries. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA
Proposed SF/building NA Comments: A comprehensive sign plan must be submitted for all commercial, office, industrial and civil uses consisting of two or more tenant or occupant spaces on a lot, or two or more lots subjective to a common development permit or plan. A separate comprehensive sign plan approval is required prior to the installation of any signs on the property. 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 conforms to the lighting standards found within BMC 38.560.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 Yes Comments: There are no floodplains present. The original subdivision provided the wetland setback plantings. This proposal has a trail extension to the existing trail network that encroaches into the Zone 2 setback which is an allowed encroachment. Any disturbed areas are proposed to be replanted with appropriate species. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: The public comment period ran from May 30 to June 15, 2023. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions Yes Required easements Yes Comments: There are two required easements, as well as a subdivision exemption that must be completed prior to site plan approval. Refer to Code Requirement 3.