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HomeMy WebLinkAbout21341 Staff Report Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 1 of 23 Application No. 21341 Type Site Plan for one of two buildable lots within the 6.23-acre Preliminary Plat of the Bozeman Gateway Subdivision PUD Phase 5. Lot 1 is to be developed as a 113- room hotel. Abutting Open Space Lots OS-1 and OS-1A must be improved with the development of the hotel on Lot 1. Lot 2 to remain undeveloped at this time. Project Name The Everhome Hotel. Summary This is a Site Plan for the 2.97-acre Lot 1 and 1.34-acres of Lots OS-1 and OS-1A of the 6.23-acre Preliminary Plat of the Bozeman Gateway Subdivision PUD Phase 5 subdivision that lies within the Bozeman Gateway Planned Unit Development (PUD) area. The property owner/Applicant submitted a preliminary plat application to create five lots that includes two developable lots and three open space lots. Phase 5 is part of the Bozeman Gateway Planned Unit Development (PUD) Master Plan that consists of a 72-acre mixed-use development. This Phase 5 is the final phase of the Bozeman Gateway development. It is located directly south and west of the Huffine Lane/Fallon Avenue intersection and is north of Technology Boulevard West. Phase 1, 2, and 3 are currently being development in accordance with the PUD. Phase 4 received preliminary plat approval on July 20, 2021. Phase 5 land is undeveloped. Full development of Phase 5 would include two commercial buildings and a 2.85-acre open space corridor that runs north-south along the Site’s eastern edge. Two water bodies border the hotel Site: (1) A tributary to the Baxter Border Ditch (irrigation ditch) that flows south to north along the west side of Fowler Avenue; and (2) a portion of the Farmers’ Canal irrigation ditch that borders its southern boundary. As irrigation ditches, these two water bodies do not meet the definition of a watercourse per the Bozeman Municipal Code (BMC) Section 38.700.210. The 2.97-acre Lot 1 Site Plan would be for a 4-story, 61-feet tall, 62,000 gross square foot (gsf), 113-guest room hotel with associated parking, landscaping and open space. The approved Bozeman Gateway PUD Master Plan, which includes this Phase 5 Site, requires the three abutting open space lots, Lots OS-1, OS-1A and OS-1B, to be improved concurrently with the development of Lots 1 and 2. Lots OS-1 and OS-1A are to be improved with the Lot 1 hotel Site (see Condition of Approval No. 9). The remaining Lot OS-1B would be improved with the development of Lot 2. A proposal for development of Lot 2 would require a separate Site Plan application per Condition No. 3 below. This application evaluates the development of the hotel on Lot 1 and the landscape plans of the abutting open space Lots OS-1 and OS-1A. Accessory parking, landscaping and open space for the Lot 1 hotel are also addressed herein. The Bozeman Gateway PUD Phase 5 Subdivision Preliminary Plat was conditionally approved in August 2021 and the Findings of Fact document was signed on September 14, 2021. A Final Plat for this subdivision has not yet been submittal for review. Pursuant to BMC 38.230.140.D, a Final Plat for this subdivision must be approved within one year of the signing of the Preliminary Plat Finding of Fact, which was September 14, 2021. Condition No. 2 below requires the Final Plat to be approved and recorded with the Gallatin County Clerk and Recorder prior to final approval of this hotel and open space Site Plan. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 2 of 23 Zoning B-2 with Bozeman Gateway PUD Growth Policy Regional Commercial & Services Parcel Size 2.97-ac Lot 1 buildable area & 1.34-ac combined open space lots OS-1 and OS-1A. Overlay District(s) Bozeman Gateway Planned Unit Development (PUD); Sanitary sewer Payback Area; Street Lighting Improvement District; Street Address Unaddressed property located at the southwest corner of Huffine Lane and Fowler Avenue. Legal Description Currently: Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A. The hotel Site is proposed to be subdivided as Lots 1 and Open Space Lots OS-1 and OS-1A of the Bozeman Gateway Subdivision PUD Phase 5 subdivision situated in the NW ¼ of S14, T5 S, R5 E, PPM, City of Bozeman, Gallatin County, Montana Owner Ted Mitchell, Mitchell Development Group, LLC Applicant Ted Mitchell, Mitchell Development Group, LLC Representative Jim Ullman, Morrison-Maierle Staff Planner Susana Montana Engineer Mikaela Shultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad June 3 to June 17, 2022 June 3, 2022 June 3, 2022 NA Advisory Boards Board Date Recommendation Development Review Committee (DRC) The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Community Development Board acting as the Design Review Board NA The May 2021 PUD Modification (Project # 20051) exempts any development proposal within the Bozeman Gateway PUD area from review by the Design Review Board (now Community Development Board). 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 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 After the public comment period is closed, the Director of Community Development would review the DRC recommendation, any public comment, and staff evaluations and would make the final decision on this application. 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 to construct a hotel plus associated parking, landscaping and open space areas for a 2.97-acre Lot 1 Site. The development of the hotel Lot 1 Site requires the concurrent development of the abutting 1.34-acre open space lots OS-1 and OS-1A. The purposes of the Site Plan review was to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 3 of 23 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 28th day of June, 2022, Anna Bentley, Interim Director/Deputy 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 conditions of approval and code corrections may be required and would be included with the final report provided 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. This Site Plan is not approved until the Bozeman Gateway Subdivision PUD Phase 5 Final Plat is approved and recorded with the Gallatin County Clerk and Recorder and a digital copy of the recorded plat is delivered to the Director of Community Development. 3. The details of proposed development of Lot 2 within this Phase 5 PUD subdivision have not been submitted with this application. Any development of Lot 2 requires a subsequent Site Plan submittal and review of those plans within one year of approval of this Site Plan. The Site Plan for Lot 2 shall include details of improvements to the adjacent open space Lot OS-1B. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 4 of 23 4. Prior to final Site Plan approval, a 10-foot utility easement must be recorded with the County Clerk and Recorder for the electrical line from Technology Boulevard West to a new transformer. The Applicant must coordinate with Northwestern Energy on the transformer location (located at least 10 feet from the building). 5. Prior to final Site Plan approval, a public access easement must be recorded for the proposed sidewalk outside the right-of-way on the west side of Fowler Ave extending through the OS-1 lot to the hotel Lot 1. 6. Prior to final Site Plan approval, a revised Traffic Impact Study addressing the hotel development on the Phase 5 Lot 1 must be provided to and accepted by the City Engineer. 7. Prior to Site Plan approval, the Cash-in-lieu of water rights (CILW) must be paid to the City. 8. Prior to final Site Plan approval, per 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 (SID’s) on City standard form for the following: a. Street improvements to Fowler Avenue between West Garfield Street and West Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Huffine Lane between 19th Avenue and Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Garfield Street between 19th Avenue and Fowler Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to West College Street between 19th Avenue and Huffine Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Huffine Lane and Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at West Garfield Street and Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Huffine Lane and West College Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Huffine Lane and Cottonwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at Fowler Avenue and Babcock Street 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 to the City Engineer prior to final Site Plan approval. 9. The open space Lots OS-1 and OS-1A must be improved concurrently with the development of Lot 1. A Certificate of Occupancy for the hotel on Lot 1 shall not be issued until the improvements to those open space lots are completed. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 5 of 23 CODE PROVISION 1. Per BMC 38.100.080 and 38.200.110, the proposed project shall be completed as approved and conditioned in the approved Site Plan. Any modifications to the final approved submittals and approved application materials shall invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Director of the Community Development Department and this approval is granted prior to undertaking said modifications. The only exception to this law is repair. Figure 1: Location and Zoning Map; PUD area shown in red; Phase 5 shown in yellow. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 6 of 23 Figure 2: Bozeman Gateway Master Site Plan/PUD with Phase 5 Lot 1 hotel Site highlighted Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 7 of 23 Figure 3: Bozeman Gateway Phase 5 Preliminary Plat (Project # 20094) [Final Plat not yet submitted] Lot 1 Lot 2 Lot OS-1 Lot OS-1A Lot OS-1B Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 8 of 23 Figure 4: Baxter Border Ditch on Site (view east from Site) Figure 5: Baxter Border Ditch through the Site Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 9 of 23 Figure 6: Farmers Canal non-US-jurisdictional watercourse (irrigation ditch) south of Site Farmers’ Canal Baxter Border Ditch Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 10 of 23 Figure 7: Lots 1, OS-1 and OS-1A Site Plan Lot OS-1 Lot OS-1A Lot 1 Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 11 of 23 Figure 8: Lot 1 hotel Site Plan Lot A hotel Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 12 of 23 Figure 9: Hotel—southeast corner at Huffine Lane addressing High Intensity Street Corner Block Frontage Figure 10: Hotel—facing Fowler Avenue Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 13 of 23 Figure 11: Shared parking area Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 14 of 23 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 Regional Commercial and Services Yes Zoning B-2 with the Bozeman Gateway PUD overlay Yes Comments: Purpose of the Regional Commercial and Services land use designation: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The Bozeman Gateway PUD land area was designated “Regional Commercial and Services” Future Land Use Designation with the update in the 2020 Community Plan. The proposed hotel conforms to this designation. The B-2 District is an implementing zoning district of the Regional Commercial and Services future land use designation. The hotel use is a principal permitted use in the B-2 zone as well as in the Bozeman Gateway PUD designation. Relevant Community Plan/Growth Policies are noted below for this development. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. THEME 3 | GOALS, OBJECTIVES, AND ACTIONS Goal DCD-1: Support urban development within the City. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services and parks. DCD-1.12: Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 15 of 23 DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership NA Comments: The Applicant will own the hotel. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no known violations on this vacant 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 with conditions and code provisions Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The Applicant has requested that only the Lot 1 hotel development be included in the evaluation and approval of this Site Plan. The second Lot 2 remains undeveloped on the Phase 5 Site; it would be developed at a later date and, therefore, its development is not included with this Site Plan. The Director agreed to move forward with the hotel development on Lot 1 as a stand-alone Site Plan rather than require a Master Site Plan addressing both Lots 1 and 2 with the condition that the Applicant submit a separate Site Plan for Lot 1 within the one-year time-period of the hotel Site Plan. Pursuant to BMC 38.230.140.D, an approved Site Plan is valid for up to one year. The Director may extend such approval for an additional approval provided the relevant terms of the initial approval have not significantly changed during the initial approval period. In this case, per Condition of Approval Number 3, the Applicant must submit a separate Site Plan for the development of Lots 2 and OS-1B within one year of the date of Director approval of this Lot 1 hotel Site Plan. It is also noted that no lot exists on this Site until the subdivision final plat is submitted, approved and recorded per Condition of Approval No. 2. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: NA 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Hotel Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front 10’ from the Huffine Lane property line for 5’ setback from the Lot 1 property line for the parking lot. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 16 of 23 the Lot 1 hotel building. Rear 20’ for Lot 1 20’ for Lot 1 Side 20’ for Lot 1 20’ for Lot 1 Alley NA NA Comments: The Phase 5 PUD Design Guidelines establish setbacks for Lots 1 and 2. Both lots front on street corners but are separated from their respective streets by open space lots. Nonetheless, the lots “front” on their respective streets and the building on each of the lots must address the Block Frontage designations of those streets as measured from the lot boundary/property line. The hotel Lot 1 is a corner lot fronting on Huffine Lane and Fowler Avenue. This corner is designated a High Visibility Intersection and the Huffine Lane frontage is designated a Gateway Block Frontage (BF). The Lot 1 High Visibility Intersection (38.530.050.C) and Gateway BF (38.510.030.E) designations require the hotel building to be located within 20- feet of the street corner and include design features that accentuate the street corner [BMC 38.530.050.C]. However, the OS-1 lot separates Lot 1 from the street by a distance of 50 feet. Therefore, the High Visibility Intersection setback distance of less than 21 feet from the Huffine and Fowler intersection cannot be met. However, per 38.530.050.C, alternative designs for the building corner allow a plaza, entry feature and façade articulation to satisfy this requirement. The ground floor plaza and façade treatments of the northeast corner of the hotel building satisfy this High Visibility Intersection requirement (see Figure 14). The required 10-feet PUD setback for the Huffine Lane frontage is met by a 25-foot-wide fire lane. The Gateway BF setback of 25 feet is met by that fire lane. The landscaping of the open space Lot OS-1 that “frames” Lot 1 along the Huffine and Fowler frontages feature trees, turf and wetlands-appropriate native grasses which, combined, allow for visibility of the hotel’s corner architectural and landscaping elements which meet the High Visibility Intersection standards. Along the Fowler Avenue frontage, the hotel parking lot and architectural features at ground level would be largely obscured from view by the landscaping of that portion of the OS-1 lot. Lot coverage Lot 1: 76% Allowed: 100% Meets Code? Yes Building height Lot 1 hotel: 61’ to tower element Allowed: 85.8 feet Yes Comments: Meets BMC and PUD standards. Applicable zone specific or overlay standards 38.330-40 Yes Comments: the PUD allows an 85.8 feet height limit Yes General land use standards and requirements 38.350 Yes Comments: Hotel use is a principal permitted use. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: NA Wireless facilities 38.370 Meets Code? NA Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 17 of 23 Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: This is a wholly commercial development. 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 with Condition No. 5 Level of Service 38.400.060 TBD Transportation grid adequate to serve Site Yes with Condition 6 and subsequent required mitigation. Comments: Per Condition No. 5, a public access easement is required for the proposed sidewalk outside of the right-of-way on the west side of Fowler Avenue that extends through open space Lot OS-1 to the hotel Site. BMC 38.220.060 A 12 - Traffic Generation – The Applicant submitted with this application a January 2021 PUD Phase 4 Traffic Impact Study (TIS); this evaluation needs to be updated due to new development in the vicinity. Per Condition No. 6, prior to final Site Plan approval, the Applicant must submit a TIS update specific to the proposed Phase 5 Lot 1 development which will discuss how much daily traffic will be generated on existing and planned streets and intersections when the subject Site is fully developed. This TIS update must discuss the following topics: 1) Study and report findings on all collector and arterial intersections within a 1/2 mile of the Site; and 2) Simulate/study the subject Sites peak hour trip generations with respect to the directly adjacent/planned intersections of Technology Boulevard and Fowler Avenue, and Fowler Avenue and Huffine Lane. Sidewalks 38.400.080 Yes Comments: Trails along the Huffine Lane and Fowler Avenue frontages are provided within the abutting open space lots. However, the subdivision Preliminary Plat did not clearly show a public access easement from the Fowler Avenue sidewalk through Lot OS-1 to the hotel Site; Condition No. 5 would correct that deficiency. Sidewalks are provided along the Technology Blvd. frontage. Drive access 38.400.090 Access to Site: Two vehicular access points are provided along the Technology Blvd. frontage. Pedestrian access is provided along the Huffine Lane, Fowler Avenue and Technology Blvd. frontages. Yes Fire lanes, curbs, signage and striping Yes Comments: The northernmost vehicular lane, on the north side of the hotel, is a fire lane. No parking is permitted thereon. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes with Condition 5. Pedestrian access easements for shared use pathways and similar transportation facilities Yes with Condition 5. Public transportation 38.400.120 Yes Comments: The Streamline bus service has a stop at Huffine and Fowler. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 18 of 23 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: The Bozeman Gateway PUD is a commercial development providing a number of destinations of interest to nearby residents, workers and visitors. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The December 12, 2005 PUD relaxation allows blocks to be longer and wider than 400 feet. The 591-foot-long Lot 1, in a north/south orientation, has pedestrian connections in the abutting open space lots, in sidewalks surrounding the hotel and throughout the parking lot. 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 Comments: Per the Bozeman Gateway PUD and subdivision conditions, the open space lots that abut the Site to the north, east and south are private but publicly- accessible open space lots to be developed/improved by the Applicant and maintained in perpetuity by the Bozeman Gateway property owners’ association. Yes Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Meets Code? Yes per Conditions 4 and 5. Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes per Condition 7. Comments: NA Municipal infrastructure requirements 38.410.070 Yes Comments: NA 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: Meets code. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: Pursuant to the definition of “watercourse” in BMC 38.700.210, the Baxter Border Ditch that lies within the eastern portion of the Site is an irrigation ditch that is not “naturally-occurring” and therefore, is not a “watercourse” within the Site. The Farmers’ Canal along the southern boundary of Lot 1 is also an irrigation ditch and not a “watercourse”. Agricultural water user facilities on the Site include these two irrigation ditches that provide irrigation water to downstream users. The Baxter Border tributary, shown on Figure 5, lies in a north/south orientation on the east side of the Site. The Farmer’s Canal, shown on Figure 6, is a tributary to the Baxter Border stream, Section Line Ditch, and Upper Cattail Creek (Harmon Stream), and transports irrigation water bordering the property in an east/west orientation along the Technology Blvd. West right-of-way (ROW). According to the U.S. Army Corps of Engineers (ACOE) Jurisdictional Determination Report of March 20, 2021, these irrigation ditches do not relocate or capture a navigable water of the U.S. They are operational ditches whose sole function is to supply water for agricultural purposes. The ACOE has determined that the Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 19 of 23 ditches do not relocate a natural tributary and were not constructed in an otherwise adjacent wetland. Water is diverted downstream and is controlled through a headgate structure from a natural tributary. However, it does not capture the entire tributary and meets the exclusions for ditches within the Navigable Waters Protection Rule. No modifications to existing agricultural water facilities by this development would reduce the ability of the downstream users to divert water from these facilities and the ability of these facilities to deliver water to downstream users would be protected. The 72-acre Bozeman Gateway PUD was amended in 2005 (Project # Z-05217) which allowed, among other relaxations, (1) encroachment into a BMC 38.410.100.A.2.c.(3) required 50-foot minimum setback along waterways, and (2) allowed a required watercourse setback to not include adjacent wetlands. The 2005 PUD does not establish a minimum watercourse setback in the PUD. Nonetheless, since the irrigation ditch through the Site is not a wetlands or watercourse, the proposed landscape plan meets code. Figure 12: Six-foot watercourse setback on Lot OS-1 Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 20 of 23 Figure 13: Site Plan Sheet L103 shows turf and pavement 35 feet from Ditch 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: No residential development is proposed. NA Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 Yes Park/Recreational area design Yes Comments: The private open space Lots OS-1 and OS-1A would provide “passive” recreation, sitting and walking facilities throughout those lots. Those lots would be owned and maintained by the PUD property owners’ association. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 21 of 23 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Types: Gateway along the Huffine Lane frontage and Mixed along the Fowler Avenue frontage Yes Departure criteria No Departures were requested. NA Comments: The intersection of Huffine Lane and Fowler Avenue is designated a “high visibility intersection” and the northeast corner of the hotel building has been designed to address Block Frontage (BF) standards for this type of intersection. The Fowler frontage has been designed to address the Mixed BF standards. Figure 14: High-visibility design of the northeast corner of the hotel 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, per PUD 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, with Condition 5. Comments: The open space lots OS-1 and OS-1A have trails connecting the Site to Fowler Avenue, Huffine Lane and Technology Blvd. However, the Preliminary Plat failed to note on the plat map a public access easement on the trail connecting Fowler Avenue to the hotel Lot 1; Condition No. 5 would correct that error. The Final Plat for the subdivision can show such an easement. 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: The fire lane on the northern side of the hotel provides exclusive access for Fire and emergency service vehicles. On-Site open space 38.520.060 Yes. Total required 2% (2,590 sf) Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 22 of 23 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 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.2 135 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 170 Provided on-street None Bicycle parking 38.540.050.A.4 10% or 13 required; 16 provided Yes Comments: All parking spaces on Lot 1 are to be shared with the future Lot 2 development per the PUD shared parking agreement throughout the PUD area. Since access to and vehicular circulation for the “landlocked” Lots 1 and 2 are shared, the parking for both lots, and the abutting open space lots, are provided with this Site Plan. Loading and uploading area requirements 38.540.080 Not required First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: This hotel does not have a restaurant or conference rooms and, therefore, does not require loading zones. The Applicant does not wish to provide loading facilities for the hotel operation or for guests. 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 of mechanical equipment Street frontage NA Total provided 2.3% Meets Code? Yes Comments: Two areas of open space are provided on the hotel Lot 1 including a 1,989 sf plaza at the north end of the building with tables and seating and a 1,080 sf seating area plaza at the east side entrance for a total of 3,069 sf. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The trash enclosure is screened and landscaped. Electrical panels are interior to the building. The gas meter on the southwest stair is screened by landscaping. 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, per PUD Development Manual Building massing and articulation 38.530.040 Yes, per PUD Dev. Manual Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: This is a 4-story, 61’ tall building lying at the edge of a commercial neighborhood characterized by 2-story buildings. However, it is consistent with the adopted Master Site Plan/PUD for this neighborhood. The building meets Block Frontage design standards as well as High Visibility Intersection standards for the treatment of the northeast corner facing Fowler and Huffine. Staff Report Bozeman Gateway Phase 5 Development Site Plan: Hotel and Open Space lots Application No. 21341 June 28, 2022 Page 23 of 23 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 Huffine and Fowler street frontages are separated from Lot 1 by landscaped open space lots OS-1 and OS- 1A which, per the PUD Master Plan, must be developed/improved by the developer at the time Lot 1 is developed (see Condition No. 9). Landscaping of public lands 38.550.070 Yes Comments: The Huffine and Fowler boulevard greens would be improved to City standards by the developer of Lot 1 as part of the landscape plans of lots OS-1 and OS-1A. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: Signage is not included in this application or review. 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 lumens of the Site lighting remains below the 3000K LED limit of the PUD standards and otherwise meets BMC standards. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 Yes Wetland regulations 38.610 Yes Comments: As noted earlier, there are no “watercourses” on the Site as the Baxter Border Ditch and the Farmers Canal are irrigation ditches and are not deemed “watercourses” requiring setbacks from development. However, it is noted that the December 2005 PUD relaxations allow encroachment into the BMC standard 50-foot minimum watercourse setback. The re-aligned Baxter Ditch on Lot OS-1 is setback 35 feet from the hotel parking lot drive aisle. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public notice was sent from June 3rd through the 17th and no comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes, with Condition 5 Comments: The Bozeman Gateway Phase 5 Major Subdivision Final Plat has not been submitted for review. The Preliminary Plat was approved by the City Commission on September 14, 2021 and is valid for two years from that date. This Site Plan cannot be approved until Lot 1 is formally created by a final plat recordation as noted in Condition of Approval No. 2.