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HomeMy WebLinkAbout22280 2695 Tschache Lane SP Staff Report FINAL Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 1 of 32 Application No. 22280 Type Site Plan Project Name 2695 Tschache Lane Site Plan Summary A site plan for the construction of 343 dwelling units, comprised of three 4-story residential apartment buildings (294 units), 46 rowhouses, and three single household structures, on approximately 14.43 acres located on vacant property located at the northeast corner of North 27th Avenue and Tschache Lane. The proposed development includes the extension of North 25th Avenue from Tschache Lane to Baxter Lane, and the extension of Turbulence Lane from North 27th Avenue to the eastern property boundary. The proposed development includes accessory uses such as a clubhouse, gear garage, and pool with an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 14.43 Acres Overlay District(s) None Street Address 2695 Tschache Lane, Bozeman, MT 59718 Legal Description The remainder of Tract 1 located in the northwest quarter of the northeast quarter of Section 2, Township 2 South, Range 5 East, per Certificate of Survey No. 1256 less Minor Subdivision 404, and Open Space of Minor Subdivision 404 located in the northwest quarter of the northeast quarter of Section 2, Township 2 South, Range 5 East located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official certificate of survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Matt Booma, Bozeman Property Owner, LLC, 1999 Circle Drive, Cleveland, OH 44106 Applicant Solomon Cordwell Buenz, 1326 5th Avenue, Suite 300, Seattle, Washington 98101 Representative Same as Applicant Staff Planner Nakeisha Lyon Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 06/20/23 – 07/10/23 07/13/23 – 08/09/23 06/09/23 06/07/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 10/27/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 03/28/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 06/01/2023 Adequate for Further Review With Applicable Conditions and Code Provisions Design Review Board 06/26/2023 Recommends approval subject to conditions, code provisions, and departures. Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 09/15/23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 & https://weblink.bozeman.net/WebLink/Browse.aspx?id=265132&dbid=0&repo=BOZEMAN Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 2 of 32 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 343 dwelling units, comprised of three 4-story residential apartment buildings (294 units), 46 rowhouses, and three single household structures, on approximately 14.43 acres located on vacant property located at the northeast corner of North 27th Avenue and Tschache Lane. The proposed development includes the extension of North 25th Avenue from Tschache Lane to Baxter Lane, and the extension of Turbulence Lane from North 27th Avenue to the eastern property boundary. The proposed development includes accessory uses such as a clubhouse, gear garage, and pool with an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. 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 15th day of September 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 OR HER DESIGNEE Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 3 of 32 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. 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 S. 27th Avenue/ Thomas Drive between Tschache Land and Cattrail St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Cattail St between Davis Lane and 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Baxter Lane between Davis Lane to 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Cattail St and Thomas Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Baxter Land and 27th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 final site plan approval. 3. A preconstruction meeting with the Parks Division is required prior to any park improvement site work. Applicants must request a meeting at least 30 days prior to commencement of parkland construction. 4. Park construction drawings and all applicable permits to be submitted to Parks Department 30 days prior to the pre- construction meeting. 5. Coordinate with City’s Engineering Department regarding the design of the connection of West Winds bike path to future city-installed Tschache Lane shared used pathway prior to pre-construction meeting. 6. The shared use pathway along Tschache Lane must be constructed of concrete. Note change from asphalt to concrete in the plans and specifications and update all parkland tracking tables and improvements in lieu of parkland costs to reflect the new material cost prior to pre-construction meeting. CODE PROVISIONS 1. BMC 38.220.010 Submittal materials and requirements. Fees have not been paid for the proposed departures. These fees must be paid to the Community Development Department prior to final plan approval. 2. BMC 38.270.030.A.1.c. Completion of Improvements. Street lighting is required for this project. The public street lighting along North 27th Avenue from Tschache Lane to Baxter Lane must be installed before issuance of a certificate of occupancy. 3. BMC 38.400.060 B.4. Level of service standards. This project’s traffic study identifies traffic impacts that must be mitigation. All arterial and collector streets and intersections with arterial and collector streets must operate at a minimum level of service "C" unless specifically exempted by this section. The city determines level of service (LOS) values by using the methods defined by the most recent edition of the Highway Capacity Manual. The review authority may approve a development only if the LOS requirements are met in the design year, which must be a Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 4 of 32 minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections must have a minimum acceptable LOS of "C" for the intersection as a whole. 19th Ave and Tschache Lane is considered fully built out and as such the Level of Service standard is waived under BMC 38.400.060 B.4 a. The applicant must improve the intersection of Baxter Lane and North 27th Avenue to level of service of “C” or higher or the applicant may pay cash in lieu for their portion of the improvements. This must be completed prior to final site plan approval. 4. BMC 38.410.030. Water adequacy. Cash in lieu of water rights is proposed. Provide proof of payment for cash-in- lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total based on estimated annual municipal water demand. The finalized CILWR fee is $290,524. The City is also able to offer a rebate for approximately 20% of the fee for the residential units, released at occupancy, if high-efficiency fixtures (toilets, washers, and shower heads) are installed. A rebate agreement template must be updated with the owner’s information and finalized prior to final site plan approval. 5. BMC 38.410.060. Easements. Please submit the original easements with wet signatures to the design engineer prior to final site plan approval as follows: a. 3 Public Utility Easements over the public water and sewer mains in the proposed parking lots b. 2 Public Access Easements over the proposed pedestrian trail c. 5 Private Utility Easements d. A Public Access and Utility Easement for North 25th Ave and Turbulence Lane Private utilities (storm drains) may not be located within public utility easements without a utility occupancy permit. A utility occupancy form has been received by Engineering and must be granted prior to the start of construction. 6. BMC 38.510.030.C. Block Frontage Standards. Landscaped Block Frontage. Transparency standards are only applicable to elevations along the street for block frontage standards. Please revise Table reference to Table 38.510.030.C. and only included this required information for elevations orientated along the streets. 7. Sec. 38.540.050.A.1.b.(4).Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. Please provide an exhibit denoting this developed and serviced transit stop within 800 feet of any property of the subject property. Please provide the details for the transit stop with weather coverage and provide the hourly schedule for this stop in order to qualify for the reduction. This provision must be met prior to final site plan approval. Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 5 of 32 Figure 1: Current Zoning Map Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 6 of 32 Figure 2: Growth Policy Designation Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 7 of 32 Figure 3: Site Plan Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 8 of 32 Figure 4: Landscaping Plan Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 9 of 32 Figure 5: Lighting Plan Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 10 of 32 Figures 6-8: Elevations of Flats Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 11 of 32 Figures 9-12: Elevations of Flats Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 12 of 32 Figures 13-14: Perspectives of Flats Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 13 of 32 Figures 15: Exterior Building Materials for Flats Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 14 of 32 Figures 16-17: Elevations of Rowhouses Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 15 of 32 Figures 18-21: Elevations of Rowhouses Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 16 of 32 Figures 22-24: Perspectives and Exterior Building Materials for Rowhouses Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 17 of 32 Figure 25-30: Elevations of Single Units Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 18 of 32 Figures 31-33: Perspectives of Single Units Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 19 of 32 Figure 34: Building Materials for Single Units Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 20 of 32 Figures 35-38-: Elevations pf Clubhouse Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 21 of 32 Figures 39-46-: Elevations of Gear Garage and Fitness Center Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 22 of 32 Figure 47-50: Perspectives for Clubhouse, Gear Garage, and Fitness Center Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 23 of 32 Figure 51: Exterior Building Materials for Clubhouse, Gear Garage, and Fitness Center Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 24 of 32 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-4, Residential High Density 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) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A Yes 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, however will be seeking phased occupancy for the development of each sets of buildings in the project through a sub-phasing plan included in the application. In order to accomplish this, the developer will ensure infrastructure, parking, open space, stormwater and other requirements are in place prior to the construction of any buildings. This will allow their proposed phases to function on their own prior to the development of subsequent phases. 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: No conditional or special uses are proposed. Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 25 of 32 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Rowhouses Single household dwelling units Yes Form and intensity standards 38.320 Zoning: R-4 Setbacks (feet) Structures Parking / Loading Yes Front 10’ N/A Rear 20’ N/A Side 5’ N/A Alley N/A N/A Comments: The proposed setbacks meets all R-4 zone district standards with 10’ front setbacks along all streets per the Landscaped Block Frontage standards. The side setbacks of 5 feet are met in addition to the rear setback of 20’ feet. All garages are orientated towards drive aisles. Lot coverage 20% Allowed 50% Yes Building height 13’ to 50’ Allowed <3:12 - 40’ >3:12 - 50’ Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The proposed flat buildings vary in roof pitch from 3:12 and greater are have a proposed 50’ height. The proposed rowhouses have a roof pitch of 11:12 with a height of 42’. Single household dwelling units have roof pitches between 1:12 to 2:12 with a height of 13’. The fitness center has a height of 23’, the gear garage has a height of 19’, and the clubhouse has a height of 25’. The applicant has requested a departure from BMC 38.320.030.A. which denotes that the maximum lot size for a residential used R-4 zoned lot is 2.5 acres. The subject property is 14.43 acres. BMC 38.320.030.A. Footnote.3. allows for departures from the maximum lot size requirements if the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. The applicant indicated the project fits into the surrounding neighborhoods in scale, density and use. The surrounding neighborhood consists of Baxter Springs and Bozeman West Apartments to the east that have multiple units in several buildings. Baxter Apartments to the northeast, that also have multiple units in several buildings. The west side consists of Stoneridge Apartments and densely packed single family / duplex homes. The south has Tempest Court Apartments and Tschache Apartments that also have multiple units in several building. The proposed project works to break down the scale of the development by using moderately scaled Rowhomes in groups of 2 and 4 at the perimeter of the south and west facing streets at 27th Ave and Tschache Lane. Additionally, the east and north use landscaping, public trails and setbacks to lessen the impact on the surrounding context. Staff finds that the criteria is met at this time as the applicant has demonstrated the pedestrian and vehicular circulation measures meet community objectives as denoted in the Community Plan 2020. Applicable zone specific or overlay standards 38.330-40 No Comments: The project is not within an overlay district and does not have any zone specific standards. General land use standards and requirements 38.350 Yes Comments: No setback or height encroachments are proposed. Proposed fencing around the dog park, pool, and single household units are in conformance with Sec. 38.350.060. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 26 of 32 Comments: The proposed rowhouses are in conformance with Sec. 38.360.250. The rowhouses are designed to meet the requirements of Sec. 38.360.250.F.1. with the appropriate use of articulations such as entries with weather protection, windows, and pitched roofline segments scaled appropriately to the façade. The rowhouse design meets the intention of Sec. 38.360.250.F.2. for repetition with variety by providing visual interest within their design. Please see the elevations for the rowhouses for more context. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: This site plan includes proposed extensions to Turbulence Lane and North 25th Avenue, which allow for connections to the overall transportation network adjacent to the subject property and the continuation of these corridors accordingly. Access easements, transportation grid adequacy and level of service standards were reviewed and conform to applicable standards by the Engineering Department with applicable code provision #4. The subject property is located within a Special Improvement Districts (SID) for street lighting per Resolution 5429. Applicable waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for other infrastructure improvements must be submitted per condition #3 as denoted above. Sidewalks 38.400.080 Yes Comments: Existing sidewalks are along Tschache Lane, Trade Winds Lane, and North 27th Avenue. City standard sidewalks are proposed along the extension of Turbulence Lane and North 25th Avenue. There is a proposed Class II gravel fines trail located within Zone 2 of the watercourse along the eastern boundary of the subject property which connects the neighborhoods to the north, the community clubhouse, and Rose Park to the south and invites residents and neighbors to move into and throughout the development. Drive access 38.400.090 Access to site Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is proposed off North 25th Avenue, Turbulence Lane, and Trade Winds Lane. The applicant has requested two departures per Section 38.400.090.H – Modifications of property access standards. One modification request seeks a departure from the distance from intersections standard for the existing driveway off Trade Winds Lane and the extension of North 25th Avenue. The other modification request seeks a departure from tangent length standards. The modification requests were reviewed based on information provided in Document 7-2 Traffic Departure Request. The Engineering Department has found that the applicant has provided the information required by BMC 38.400.090.H and the requested modifications to the design standards for curvature present no demonstrated adverse impact upon public safety, health or general welfare. Engineering supports the requested modifications to their design and access spacing requirements. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. 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 Yes Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 27 of 32 Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. Pedestrian access easements for pathways within the development are in conformance with the City’s design standards. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 Yes Comments: This project triggers the neighborhood center requirements per Sec. 38.410.020. as this is a residential subdivision or development that is ten net acres in size or greater. The neighborhood center has been provided in the proposed clubhouse which is located central to the subject property along North 25th Avenue. This neighborhood center includes a leasing office, co-working space, game room, lounge, mail delivery space, kitchen, bathrooms, fitness center, gathering area, pool, hot tubs, fire pits, and outdoor lawn area. 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 previously reviewed for conformance and satisfied, if necessary, as part of the applicable subdivision platting process. 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 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 were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the approval of this SP per code provision #6. 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 Yes Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance and landscaping for said facilities have been reviewed and conform to the City’s standards. The main stormwater line utilized is from south to north along the east side of North 25th Avenue. Release stormwater at pre-development runoff rate and stormwater design is in accordance with the City’s standards. The open space stormwater detention pond along Baxter Lane is lined with indigenous plants, wet rooted tolerant plant types and boulder groupings in accordance with Sec. 38.410.080.H. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: A watercourse is along the eastern boundary of the subject property. The applicable watercourse setback of a minimum of 50 feet is met along this watercourse. Applicable zones have been delineated with watercourse plantings provided in conformance with Sec. 38.410.100.A.2.f. Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 28 of 32 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu Yes Comments: Cash and improvements-in-lieu of parklands are applicable to this development and are met subject to applicable code provisions and conditions of approval. The Parks Department supports this method to meet Division 38.420 which will serve to make improvements to Rose Park which is adjacent the property to the south, and West Winds Park which is proximate to the property to the west. Required park land dedication per Sec. 38.420.020. for the R-4 zoning district is 3.81 acres at a minimum required dedication per acre of 12 dwelling units with .03 acres or equivalent required dedication per dwelling. The applicant proposes to meet this requirement through cash and improvements in lieu of parkland dedication. As denoted on 000 Cover, $431,505.36 is the cost of the required cash in lieu of parklands. The applicant will be installing a 6’ wide gravel fines trail and benches within Zone 2 of the watercourse setback as a subdivision trail improvements in lieu requirement. This trail will connect the existing gravel trail in Rose Park to the North 19th gravel trail along the eastern boundary of the development. The applicant will also be making improvements to the West Winds bike trail to the west of the development for the construction of a bridge, 8’ wide concrete bike path, and landscaping along the bicycle path. The total cost of these additional improvements is $147,887. The applicant owes the City of Bozeman’s Parks Department $283,618.36 for their parklands contribution. Conditions of Approval #4-7 are applicable to must be met prior to final approval of this site plan application. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 Yes Park/Recreational area design N/A Comments: Park frontage, park development, and park/recreational area design are not applicable as the development is not proposing a City park. The recreation pathway proposed near the watercourse is in conformance with the City’s design standards. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped, Internal Special Residential Yes Departure criteria Three departures requested, criteria met and denoted below. Yes Comments: The landscaped block frontage is met along North 25th Avenue, North 27th Avneue, Tschache Lane, Turbulence Lane and Tradewinds Lane. All ground floor uses are residential and permitted within the R-4 zoning district. Building placement of a minimum of 10 feet is met for all dwelling units orientated along the Landscaped Block Frontage. Building entrances are visible and directly accessible from the street. Façade transparency of at least 15% is met for the entire façade of the applicable Flats and accessory amenity buildings. This standard is not applicable to the rowhouses with less than 5 attached units and the single household dwelling units. Landscaping and sidewalk widths are met in accordance with the BMC. A departure has been requested from BMC 38.510.030.C. Façade Transparency as it applies to the gear garage. The departure denoted in BMC 38.510.030.C.3.b. states that a departure may be accepted if 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. Additionally, no less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure. The applicant indicated that in order to maintain the design intent for the gear garage building as a vintage reclaimed barn, the design team is requesting a departure from this standard along the west façade of the gear garage facing North 25th Avenue. The façade design has been revised to allow for elevation treatment variations by include a reclaimed-wood barn door, canopies, and vintage lighting along the ample landscape frontage to break up the massing. Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 29 of 32 Transparency is provided along the south façade of more than 25% in order to emphasize clear pedestrian connection to the amenity space. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. The alternative design treatment allows for visual interest to the pedestrian and mitigations impacts of any blank wall areas. This is a smaller accessory building on the site, and the transparency requirements are met along the south façade rather than the west façade. Staff supports the departure as it meets the overall intention of the standard. Please see the gear garage elevations in Figure 51. Parking location standards for the Flats are met, with parking sited to the side and rear and less than 50% of the surface parking along a street frontage. A departure from BMC 38.510.020.F.7. has been requested from this standard which prohibits parking along a corner for the proposed Flats Building 2 at the corner of Tradewinds Lane and North 25th Avenue. Per BMC 38.510.030.C.3.c, a departure may be approved if there is an acceptable tradeoff in terms of the amount and quality of landscaped area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated landscaped streets. The applicant is requesting a departure from this provision as it relates to the proposed parking lot located on the north side of Flats 2 to allow for parking in this area. The proposed parking lot is located 15 feet from the property line/ right of way line in this location with a one foot landscape buffer to the 5’ sidewalk and a 6.5’ foot boulevard to the road. The 15 feet of green space is heavily landscaped with shrubs to screen the parking lot from public views from the roadway. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. The increased landscaped design within this area successfully mitigation the visual impacts of the parking lot along the corner of Tradewinds Lane and North 25th Avenue. Please see the landscape plan for more details. To meet the special residential frontage requirements the application along sidewalks internal pathways, the applicant has requested a departure from BMC 38.510.030.J. Special residential block frontage standards along sidewalks and internal pathways. Per BMC 38.510.030.J, a departure may be approved if other transition design measures that adequately protect the privacy and comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively as options 1 through 3 above. The applicant indicated that based on the proposed development site characteristics, there are locations along the Flats buildings that do not meet at least one of the public/private transition elements described above. Instead, the applicant has proposed that these are have a minimum 3’ landscape buffer which allow for design of transitional methods which support their request for a departure. These elements include the combination of 30” to 42” hedge plantings (shrubs) combined with a mixture of perennials where appropriate to provide screening and separation of patio spaces from interior sidewalks. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. The proposed landscaping provides an adequate design measure that protects privacy and comfort of the ground floor residential units in the three Flats buildings along the internal sidewalk areas facing the drive aisles and parking lots. The proposed landscaping also aid in attractiveness and usefulness of the pathways in these areas. Please see the landscape plan for more details. As this site plan proposes more than 45 dwelling units and 90 vehicular parking, pursuant to sections 38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB) authority is required to make advisory comments and a recommendation to the Director on this site plan application. The DRB met on June 26, 2023 and unanimously recommended approval of this site plan application via the consent agenda. 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 Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 30 of 32 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes 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 buildings are connected to on-site amenities, adjacent park and trail systems, and the larger pedestrian pathway system. Proposed pathway widths and crossings meet the standards of this section. 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 Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design have been met. Pedestrian pathways are provided connecting all the residential buildings and parking lots. The applicant has submitted a departure from BMC 38.520.040.D.3 which denotes that pathways must be separated from structures by at least three feet of landscaping except where the adjacent building façade meets the Storefront block frontage standards per section 38.510.030.B. Per BMC 38.520.040.D.3. Departures are permitted for other landscaping and/or façade design treatments to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the intent. Figure 38.520.040.D.3 below provides one example. The applicant indicated that based on the proposed development site characteristics, a 3‐foot buffer is unable to be provided along the north side of the Clubhouse (AM‐1) and Clubhouse Mechanical Building. The applicant feels that this location is not residential in nature, and the small area is aesthetically pleasing through use of architectural design transitions and material and request a departure from the 3’ landscape buffer. The applicant feels that the design of the architectural transitions and materials provides decorative treatments that meet the intent of the code. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. The area that does not meet this standard on the north side of the Clubhouse and it’s mechanical building does not detract from the overall design of the building and the pathway transition space. Please see the clubhouse elevations and landscape plan for more details. On-site open space 38.520.060 Total required 42,600 square feet Yes Total provided 47,006 square feet Yes Comments: The applicant has proposed open space through a variety of options. This includes shared outdoor open space, shared indoor open space via lobby areas, co-working space, fitness areas, and bike storage. Private outdoor open space is provided through balconies and decks dependent on the residential housing type. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. 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 application meets the massing and articulation standards of this section. The proposed apartment (Flats) buildings, rowhouses, single unit dwellings, clubhouse/fitness center, and gear garage utilize a combination or windows, change roof pitch, entries, and building materials to meet the massing and articulation standards. The application meets the building material standards. No blank walls are present. Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 31 of 32 Parking requirements residential 38.540.050.A.1 509 residential required spaces, 23 amenities required spaces Reductions residential 38.540.050.A.1.b 53 (transit reduction) Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 454 Provided on-street 103 Bicycle parking 38.540.050.A.4 112 provided, 53 required Yes Comments: Parking is proposed to be provided as surface parking, some of which is covered, and parallel parking along the local streets in the area. Bicycle parking spaces are provided near each building. The proposed parking to serve this site is in conformance with the standards of Sec. 38.540. 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: N/A 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 N/A Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along applicable roadways. Landscaping of public lands 38.550.070 N/A Comments: Landscaping of any proposed parklands are not applicable to this project. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes parking lot lighting and lighting of building entrances. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 Yes Staff Report 2695 Tschache Lane Site Plan Application No. 22280 September 15, 2023 Page 32 of 32 Comments: Requirements of BMC 38.600 for floodplain are not applicable to this development. Requirements of BMC 38.610 for wetland regulations are applicable to this project as wetlands are located along the eastern boundary of the subject property adjacent to the watercourse as well as a small wetlands area exists within the boundary of the stormwater collection pond along the northern boundary of the subject property. The proposed development does not encroach into the applicable watercourse setback and jurisdictional wetlands with the exception of the extension to Turbulence Lane. The proposed extension impacts the wetlands to the extent of 1,709 sf. Conformance with the City’s wetlands regulations and any determined wetlands mitigation has been met as the applicant as applicable permitting with the United States Army Corps of Engineers. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Two public notice periods have been conducted according to the dates on the first page of this report. Due to errors in the original mailings issued in the 1st public notice period, a revised public notice was conducted. The applicant is missing several of the owner’s mailing addresses for the Centre Park Flats Condominium, which is located within 200 feet of the subject property. The applicant exhausted all researching efforts to complete their adjoiners list by utilizing the Montana Cadastral Website, Gallatin County Clerk and Recorder’s iTax system and website, and requesting addresses from the condominium associations. The applicant has provided evidence of their research to document the missing addresses in the notice. Property postings were provided on the subject property in two locations. One public comment has been received as of the writing of this staff report which can be found here. The proposed building heights throughout the development are in conformance with the R-4 zoning district standards. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Please see code provision 6 for requirements that must be met for easements prior to final site plan approval.