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HomeMy WebLinkAbout23235 Final Staff Report FINAL Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 1 of 37 Application No. 23235 Type Site Plan Project Name The Boötes Summary A site plan for the construction of 71 dwelling units comprised of rowhouses and apartment buildings, limited amongst 15 buildings on approximately 3.63 acres located on vacant property at the southeast corner of South 11th Avenue and Opportunity Way. The proposed development includes accessory uses such as a clubhouse 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, and pedestrian pathways. Zoning R-3 Growth Policy Urban Neighborhood Parcel Size 3.63 Acres Overlay District(s) None Location TBD, Bozeman, MT 59718; East of South 11th Avenue, West of Bon Ton Avenue, North of Student Drive, and South of Opportunity Way Legal Description Lots 1 & 2, Block 1 of Phase 4A of the Allison Subdivision, Section 24, Township 2 South, Range 5 East, per Plat J-702, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat J-695 thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana (subject to change upon subdivision exemption approval & recordation) Owner Eugene Graf, Blackmore Cottage Co, LLC, PO Box 10906, Bozeman, MT 59719 Applicant Elizabeth Mans, Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718 Representative Elizabeth Mans, Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 11/09/23 – 12/05/23 11/09/23 11/07/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 08/23/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 11/07/2023 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 12/19/23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 https://weblink.bozeman.net/WebLink/Browse.aspx?id=278331&dbid=0&repo=bozeman Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 2 of 37 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 the construction of 71 dwelling units comprised of rowhouses and apartment buildings, limited amongst 15 buildings on approximately 3.63 acres located on vacant property at the southeast corner of South 11th Avenue and Opportunity Way. The proposed development includes accessory uses such as a clubhouse 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, and pedestrian pathways. The site is zoned R-3, residential medium density district, and the proposed uses are consistent with the allowable uses in the R-3 zoning district. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. 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 19th day of December 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 The Boötes Site Plan Application No. 23235 December 19, 2023 Page 3 of 37 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. CODE PROVISIONS 1. BMC.38.220.080. A.2.i.(4) - Site plan submittal requirements.- Special Improvements District (SID) Waiver. The draft SID waiver has been found to be adequate for acceptance and final execution by the Engineering Department. Please submit a hard copy of this waiver for the Review Engineer for final review and execution by the City of Bozeman and recordation with the Gallatin County Clerk and Recorder’s Office. This must be recorded prior to final site plan approval. 2. BMC 38.240.310.A.5. Lot Line Relocation. Two of the proposed rowhouse buildings, and Building B are located over an existing lot line. Based on this condition, these two rowhouses and Building B would not meet the existing side setbacks along this lot line. As the existing lot line is proposed to be relocated as denoted in C1.0 Site Plan, a subdivision exemption to create this new lot line must be reviewed, approved, and recorded prior to final site plan approval. 3. BMC. 38.380.040.E. Affordable housing plan required. A. The applicant and owner, if different, must record and provide to the City of Bozeman a Notice of Restrictions for the Affordable Housing Plan and a Declaration of Restrictive Covenants that implements the affordable housing plan prior to final site plan approval. 4. BMC. 38.380.070. Affordable housing administration. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan prior to final site plan approval. 5. BMC 38.410.060. E. Other easements. As the lots will not be aggregated to function as one, an easement to facilitate access between the two lots is required. A cross access easement to accommodate access between the two lots along the drive aisles must be provided and recorded prior to final site plan approval. 6. BMC 38.410.060.C.1. The following easements must be updated as denoted below, executed with a hard copy submitted to the Review Engineer for final review and execution by the City of Bozeman and recordation with the Gallatin County Clerk and Recorder’s Office. All easements denoted below must be recorded prior to final site plan approval. a. Drainage Easement: Please update the signatory block to match the City Standard mutual access easement template uploaded in the City Documents file. b. Public Sewer Pipeline & Access Easement Agreement: Please update the signatory block to match the City Standard Sewer and Water Pipeline and Access Easement template uploaded in the City Documents file. c. Trail Easement: The release and reconveyance proposed for the trail easement will not be accepted by the City. The 30’ trail easement must be established. The Trial corridor easement draft submitted does not have the format supported in the city standard Trail Corridor Easement template. The template has been uploaded to the city documents folder for reference and resubmittal. 7. BMC 38.410.130. Water Rights: The final determination of cash-in-lieu of water rights (CILWR) for this site is $52,236. The applicant must provide CILWR fee payment and the receipt to the Review Engineer to demonstrate compliance with water adequacy provisions prior to final site plan approval. 8. BMC 38.420.030. Cash donation in-lieu of land dedication. The finalized cash donation in-lieu of land dedication (CILP) has been determined as $45,800.73 and must be paid prior to final site plan approval. Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 4 of 37 9. BMC 38.540.070. Off-site parking. As the lots will not be aggregated, appropriate functionality of parking between the two lots must be considered. For this to be met, an off-site parking agreement must be provided to ensure parking usage between the two lots can occur. A reciprocal parking and access easement would also fulfill this requirement. Either mechanism utilized must be provided and recorded prior to final site plan approval. 10. BMC 38.550.100. B. Landscaping Clearance. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping in a utility easement, is the responsibility of the property owner. The applicant is encouraged to maintain at least 10’ of clearance between utilities and trees and other large landscaping features. Please remove the tree along the east side reflected in the utility easement prior to final site plan approval. Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 5 of 37 Figure 1: Current Zoning Map Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 6 of 37 Figure 2: Growth Policy Designation Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 7 of 37 Figure 3: Site Plan Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 8 of 37 Figure 4: Landscaping Plan Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 9 of 37 Figures 5-6: West and East Elevations of Building A Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 10 of 37 Figures 7-8: North and South Elevations of Building A Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 11 of 37 Figures 9 -10: Building A Perspectives Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 12 of 37 Figures 11-12: West and East Elevations of Building B Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 13 of 37 Figures 13-14: North and South Elevations of Building B Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 14 of 37 Figures 15-16: Building B Perspectives Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 15 of 37 Figures 17-18: West and East Elevations of Building C Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 16 of 37 Figures 19-20: North and South Elevations of Building C Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 17 of 37 Figures 21-22: Building C Perspectives Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 18 of 37 Figures 23-24: West and East Elevations of Building D Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 19 of 37 Figures 25-26: North and South Elevations of Building D Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 20 of 37 Figures 27-28: Building D Perspectives Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 21 of 37 Figures 29-30: Rowhouses (3-plex) Side Elevations Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 22 of 37 Figures 31-32: Rowhouses (3-plex) Front and Rear Elevations Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 23 of 37 Figures 33-34: Rowhouses (4-plex) Side Elevations Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 24 of 37 Figures 35-36: Rowhouses (4-plex) Front and Rear Elevations Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 25 of 37 Figures 37-38: West and East Elevations of Clubhouse Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 26 of 37 Figures 39-40: North and South Elevations of Clubhouse Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 27 of 37 Figures 41-42: Clubhouse Perspectives Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 28 of 37 Figure 43: Photometric Plan Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 29 of 37 Figure 44: Building Material Palette Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 30 of 37 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy (38.100.040.D) Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-3, Residential Medium Density 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 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 R-3 district. The applicant is aware that heavy manufacturing uses will require a special use permit. 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: 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, and the applicant will not be seeking phased occupancy for the development and plans to develop the entire project in one phase. 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 The Boötes Site Plan Application No. 23235 December 19, 2023 Page 31 of 37 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartment buildings, limited Rowhouses – five or less attached Other buildings and structures typically accessory to authorized uses Yes Form and intensity standards 38.320 Zoning: R-3 Setbacks (feet) Structures Parking / Loading Yes, with affordable housing incentives Front 15 feet N/A Rear 20 feet N/A Side 5 feet N/A Alley N/A N/A Comments: Apartment building, limited, rowhouses – five dwellings units or less attached, and other buildings and structures typically accessory to authorized uses are permitted uses within the R-3 zoning district. The proposed setbacks meet all R-3 zoning district standards with a 15’ front setback off Student Drive, Bon Ton Avenue, South 11th Avenue and Opportunity Way. The minimum 5’ side setback and 20’ rear setback are also met. There is a 10’ utility easement along the property boundary adjacent to Student Drive, Bon Ton Avenue, South 11th Avenue and Opportunity Way and 30’ trail easement shared between the two lots running North-South. In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested two shallow incentives as follows pertaining to specific form and intensity standards: 1) Sec. 38.380.020.C.2. Minimum lot size of 1,800 sf for each rowhouse dwelling unit, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 2) Sec. 38.380.020.C.3.a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. (2,700 sf) In conjunction with the site plan approval, an affordable housing plan has been submitted and approved by the Economic Development Department. Two code provisions denoted above (#3 & #4) must be met prior to final site plan approval for the execution of this affordable housing plan. Lot coverage 39% Allowed 40% Yes Building height 32’5 ¾ “– 43’ 10” Allowed 46’ Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 N/A 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. Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no additional supplemental use criteria requirements applicable to this proposed project. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 Yes Affordable housing plan Yes Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 32 of 37 Comments: No wireless facilities are proposed. In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested three shallow incentives as follows with a minimum of 5% of the project’s rowhomes and multi-household dwellings will be available for rent at 80% average median income (AMI) for 30 years. 1) Sec. 38.380.020.C.2. Minimum lot size of 1,800 sf for each rowhouse dwelling unit, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 2) Sec. 38.380.020.C.3.a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. (2,700 sf) 3) Sec. 38.380.020.C.3.d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. In conjunction with the site plan approval, an affordable housing plan has been submitted and approved by the Economic Development Department. Two code provisions denoted above (#3 & #4) must be met prior to final site plan approval for the execution of this affordable housing plan. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: The transportation network throughout the Allison Subdivision has already been developed. Student Drive boundaries the property to the south, Bon Ton Avenue boundaries the property to the east, South 11th Avenue boundaries the property to the west, and Opportunity Way boundaries the property to the north. A pedestrian right of way (mid-block crossing) in lieu of public street runs between the two lots this proposed development is sited on providing north-south pedestrian connectivity centralized to the development. Access easements, transportation grid adequacy and level of service standards were reviewed and found to conform to applicable standards by the Engineering Department. Final easements must be provided prior to final site plan approval. Please see code provisions #5, #6, and #9 for more details. Applicable SID waivers must be filed prior to final site plan approval per code provision #1. Sidewalks 38.400.080 Yes Comments: There are proposed 5’ sidewalks along Student Drive, Bon Ton Avenue and Opportunity Way. A 10’ multi-use pathway exists along South 11th Avenue. There are proposed internal pathways within the development which connects the proposed buildings throughout the development inviting tenants to utilize internal pathways and the public pedestrian pathways system. Drive access 38.400.090 Access to site Yes Fire lanes, curbs, signage, and striping Yes Comments: Two vehicular accesses are provided, one along Student Drive, and another along Bon Ton Avenue, which allows for connections to the overall transportation network throughout the Allison Subdivision and Bozeman’s vehicular transportation network. 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 The Boötes Site Plan Application No. 23235 December 19, 2023 Page 33 of 37 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 Allison Subdivision which was met through the development of a park in Phase 2 of it’s development. 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 platting process associated with the overall Allison Subdivision. A pedestrian right of way (mid-block crossing) in lieu of public street runs between the two lots this proposed development is sited on providing north-south pedestrian connectivity centralized to the development. 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. Applicable code provisions related to the above-mentioned easement requirements are included in this staff report per code provision #6. 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 #7. 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. 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. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourse setbacks and an associated planting plan are not applicable to this proposed development. 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 N/A Comments: This development is a component of Allison Subdivision Phase 4A and has a land dedication credit of 0.81 acres from the previously approved parks master plan and initial subdivision. A total of 0.81 acres of parkland dedication and 0.4 acres of equivalent cash donation in lieu of parklands (CILP) is required for this project. CILP is proposed to meet parkland requirements for dwelling units more than 8 dwelling units per acre to a maximum of 12 Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 34 of 37 dwelling units per acre. As 71 dwelling units are proposed over 3.37 acres for this development, a net density of 21 units per acre is proposed. With 0.40 acres owed for CILP, at an appraisal land value of $2.60 per square feet, the applicant owes $45,800.73 to provide the necessary cash donation for their proportionate share of parklands contribution. Per code provision #8, this must be paid prior to final site plan approval. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a residential development, and does trigger parkland dedication, which was reviewed for applicability during the platting process associated with the overall Annie Subdivision. Please see the above comments regarding CILP and previous land dedication applicable to this development. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped Yes Departure criteria No departures requested N/A Comments: The proposed SP meets the requirements denoted within the “Landscaped” block frontage for Building D along Bon Ton Avenue. The proposed rowhouses, apartment Buildings A, B, C, and the clubhouse building do not need to meet the provisions of the “Landscaped” block frontage designation as these structures are either four attached dwelling units or less (rowhouses) or internal not orientated or facing a street (apartments and clubhouses. As the eastern façade of Building D faces Bon Ton Avenue, this building must meet the “Landscaped” block frontage requirements. The ground floor uses are permitted in accordance with the BMC for Building D which is an apartment, limited use. The building placement meets the 10’ front setback minimum of the block frontage designation with 15’ front setback. A building entrance for this building is orientated towards Bon Ton Avenue and is visible as well as accessibility via a pedestrian pathway to the proposed sidewalk along Bon Ton Avenue. The façade transparency meets the 15% requirement for the entire east elevation. Weather protection of at least 3’ in depth is met over the primary residential entrance. No parking is proposed between the street and building. Low level landscaping is provided between the building and the street as well as applicable sidewalk widths are met. The special residential block frontage standards for sidewalks and internal pathways per Sec. 38.510.030.J. has been met for Buildings A, B, C, D, and the clubhouse. Private patios with low fence are specified at dimensions of 6'-0" x 10' -0" with grading such that a 1'-0" elevation change to top of patio will be provided. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: This proposed development conforms to the requirements of Sec. 38.520. This includes a proposed internal pedestrian walkway system with connections to the proposed public sidewalk system along Student Drive, South 11th Avenue, Bon Ton Avenue and Opportunity Way, and the proposed buildings. 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 Yes Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 35 of 37 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes, with affordable housing incentives Parking requirements residential 38.540.050.A.1 71 Reductions residential 38.540.050.A.1.b 33 Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 80 Provided on-street 33 Bicycle parking 38.540.050.A.4 16 provided, 8 required Yes Comments: Per the BMC, 2 parking spaces are required for dwelling units with 2 or more bedrooms. In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 and as requested to utilize the shallow incentive denoted in Sec. 38.380.020.C.3.d. for minimum vehicle parking requirements of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. Therefore, 1 parking space per unit is required for a total of 71 parking spaces required overall. The applicant has provided 33 parallel parking spaces to reduce this amount to 38 parking spaces required. Nonetheless, parking is proposed to be provided as surface parking for a total of 113 parking spaces, 80 which are provided within garages and 33 provided as on-street parallel parking spaces. Bicycle parking spaces are provided near and internal to each building. The proposed parking to serve this site is in conformance with the within the site and between properties and activities within the general community 38.420.050 Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems have been met. The internal roadway design is not applicable as there are no proposed internal roadways. Pedestrian pathways are provided connecting all the residences and parking areas. On-site open space 38.520.060 Total required 12,791 sf Yes Total provided 13,759 sf Yes Comments: Open space is provided in conformance with the BMC through private ground floor porches, private upper level balconies, shared front yards adjacent to the proposed rowhouses, and common open space areas in the clubhouse through a fitness center and recreation area 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. There is no proposed roof mounted mechanical equipment. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed buildings meet the massing and articulation standards of this section. The rowhouses and apartment buildings utilize windows, changes in building materials and colors, and entries to meet the massing and articulation standards. The buildings meet the building material standards by using a variety of cement board lap siding in different colors, brick and metal trim. As cement board paneling/siding is a dominant siding material, the design has integrated a mix of colors and textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings. No blank walls are present. Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 36 of 37 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: The proposed development has no proposed off-street loading berths. 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 application. 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 basic 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 N/A Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period is being conducted according to the dates on the first page of this report. No public comments have been received as of the writing of this staff report. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A lot line adjustment is triggered by this application and a separate application for a subdivision exemption to make this adjustment is required. Two of the proposed rowhouse buildings and Building B are proposed to be located over an existing lot line. Based on this condition, these two rowhouses and Building B would not meet the Staff Report The Boötes Site Plan Application No. 23235 December 19, 2023 Page 37 of 37 existing side setbacks along this lot line. As the existing lot line is proposed to be relocated as denoted in C1.0 Site Plan, a subdivision exemption to create this new lot line must be reviewed and approved prior to final approval of the Site Plan per code provision #2. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Additional required easements to facilitate the functionality of this proposed development over two separate lots are required as denoted in code provision #5.