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HomeMy WebLinkAbout22381 Staff Report Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 1 of 26 Application No. 22381 Type Master Site Plan (MSP) Project Name Aaker REMU Master Site Plan Summary This Master Site Plan (MSP) is for the Residential Emphasis Mixed Use--REMU zoned area of the proposed Aaker Phase 1 Major Subdivision. The Applicant submits this MSP in concert with the Aaker Phase 1 Major Subdivision Preliminary Plat application, application no. 22311, because the subdivision must be consistent with the REMU zoning. The REMU zoning requires a Master Site Plan to be approved prior to development of land within the district. The 95.41 acre subdivision property has two zoning designations: REMU and B- 2M, Community Commercial-Mixed. The B-2M district does not require a MSP so land within that zone will require site plan approval for each phase of development therein. The entire Aaker subdivision is 95.41 acres. As noted above, this MSP focuses solely on the 47.9 acre portion that is zoned REMU. The 48.13 acre REMU zoned land is the “Site” of this MSP and will be developed in two Phases. Phase 1 would encompass the 31.73 acres of REMU zoned land lying north of Kagy Blvd. and Phase 2 would encompass the 16.40 acre REMU zoned land located south of Kagy Blvd. The 50.40 acre B-2M zoned land located south of Kagy is not the subject of this MSP and would be reviewed in future phases and site plan applications. Phase 1 of the Aaker MSP is located northwest of the Kagy Boulevard and South 23rd Avenue intersection. It is bordered by Montana State University Agriculture land to the west, proposed South 23rd Avenue extension and existing apartments and businesses to the east. Kagy Blvd. borders the Site to the south and MSU Agriculture land lies north of Phase 1. Phase 2 of the MSP is bordered by Kagy Blvd. to the north, MSU agriculture land to the west, Stucky Rd. to the south, and the B-2M zoned Aaker land to the east. Phase 2 lies within a restricted development lot, Tract B, of the proposed Aaker subdivision. Development of the Phase 2 REMU land would require a separate subdivision application. Overall, the MSP development plan proposes construction of multiple buildings to include, at a minimum, 490 residential dwelling units located in the REMU zoned lands north and south of Kagy Blvd. Phase 1 of the Aaker MSP proposes construction of a 10,000 square-foot community commercial center, 250 mid-rise apartment units, 104 single-family attached housing units, and 136 mid-rise apartment units with 20,000 square-feet of commercial/office uses on the first floor of the two lots fronting on Kagy Blvd. An 8.84 acre public park is also proposed along the western edge of Phase 1. The development is anticipated to be completed in phases, with Phase 1 constructed by 2026. Access to the site is proposed via four new locations on Kagy Boulevard, which will be extended west through this project and constructed to a three-lane standard with bike lanes in both directions and parking along the south side. Block 3 access is expected to operate as right in/right out. Additionally, the site will be connected to the existing Remington Way via the proposed South 25th Avenue. The park in Block 1 will include trails with multiple connections to the rest of the development and area trails and multi-modal facilities (see Figure 2). Zoning REMU Growth Policy Community Commercial Mixed Use Site Size REMU MSP Site size is 48.13 acres Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 2 of 26 Overlay District(s) Meadow Creek Subdivision Signal and Sewer Payback District Street Address The property is unaddressed and is located at the northwest corner of the intersection of South 19th Avenue and Stucky Road. Legal Description The MSP Site is a tract of land located within portions of the southeast ¼ of Section 14, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, MT. Owner West University, LLC, Barry Brown, 109 East Oak Street, 2B, Bozeman, MT 59715 Applicant Representative Intrinsik Architecture, Tyler Steinway, 106 E Babcock Suite 1A, Bozeman, MT 59715 Staff Planner Susana Montana Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad June 28 to July 17, 2023 6/28/23 6/28/23 NA Advisory Boards Board Date Recommendation Development Review Committee 3/31/23 The application conforms to standards and is sufficient for approval with conditions and code provisions. Design Review Board 7/17/2023 The Design Review Board voted unanimously by a vote of 6 to 0 to recommend approval of the MSP with conditions and code provisions. 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 July 17, 2023 Design Review Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22381 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the Aaker REMU Master Site Plan with conditions and subject to all applicable code provisions. The video of this meeting can be reached at this highlighted text. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 3 of 26 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 Master Site Plan described in this report was conducted. The applicant proposed to the City a Master Site Plan (MSP) to permit development of a mixed commercial and residential development in the REMU, Residential Emphasis Mixed Use District. The purposes of the MSP 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 MSP 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 MSP 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 Master Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions and code provisions 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 Master Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 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 Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 4 of 26 The full application and file of record can be found at: Community Development Department, 20 E. Olive St., Bozeman, MT 59715. The Application Materials for this project can be reached at this highlighted text. RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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. Prior to final Master Site Plan approval and prior to site plan submittal for any land within the Site, the Applicant shall submit a Final Design Manual for development within the Site. CODE PROVISIONS 1.BMC 38.360.280. Agricultural Water User Facilities - The developer must provide notice of the proposed alterations to the agricultural water users facilities pursuant to Sec. 38.360.280.B. The names and contact information for the water users and agricultural water user facility's authorized representatives that were provided with written notice, and the date they were provided written notice; and a copy of the notice sent. If written documentation is not provided from all water users approving the alterations to the water user facility they hold an interest in, the City will require the developer to enter into a hold harmless agreement with the City to indemnify the City again any optional claims related to plan approval. 2. BMC 38.410.060.D Agricultural Water Users Easement - Prior to final plan approval, the developer must establish an agricultural water user facility easement for ditch lateral traversing the subject property pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. Any required agricultural water user facility easements shall be recorded prior to final plan approval and conform with Sec. 38.410.060.D.6. Furthermore, pursuant to Sec. 38.410.070, mitigation of impacts to an existing ditch must be coordinated with the required easement and shall consider comments received from affected water users of the existing ditch. The developers professional engineer must certify, prior to final plan approval, that the water entering and exiting the realigned or relocated ditch is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 3. Prior to Master Site Plan approval, the City Commission must approve the Applicant’s variance request to provide street frontage to less than 50% of the perimeter of the parkland within the Master Site Plan property, per BMC 38.420.060.A. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 5 of 26 4.The Master Site Plan shall label all 50 foot wide watercourse setbacks and the 20 foot wide ditch maintenance easement on all plans. 5. The proposed project is located within one-half mile of the intersection of South 19th Avenue and Kagy Boulevard. The Aaker Phase 1 Subdivision Traffic Impact Study indicates the subject intersection will not meet the City's level of service standard at full buildout in the design year required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Kagy Boulevard is scheduled in the City's Capital Improvement Plan within the next three years. Per BMC 38.270.070.C, the Applicant must pay cash-in-lieu for the Aaker Phase 1 proportional share of the capital facility prior to final MSP approval. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 6 of 26 Figure 1: Vicinity Map Figure 2: Location Map for Phase 1 (overlain the preliminary plat) ½ mile radius Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 7 of 26 Figure 3: Zoning Map Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 8 of 26 Figure 4: REMU Master Site Plan Area in Red Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 9 of 26 Figure 5: Phase 1 Land Use Map Zoning Map to the left is provided to show the REMU zone which is the subject of this MSP. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 10 of 26 Figure 6: Land Use Table Figure 7: Phasing Map REMU MSP Phase 2 Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 11 of 26 Figure 8: Wetlands and Ditch Location Map Source: March 3, 2022 West University District Project Aquatic Resources Delineation Summary report Middle Creek Ditch Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 12 of 26 Figure 9: Wetland images Source: March 3, 2022 West University District Project Aquatic Resources Delineation Summary report: Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 13 of 26 Figure 10: Proposed Changes to Wetlands. Middle Creek Ditch to be piped. Source: Flood Hazard Evaluation Report, September 2022 Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 14 of 26 Figure 11: Park and Open Space Map Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 15 of 26 Figure 12: Trail Network Figure 13: Park Block Frontage Map Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 16 of 26 Figure 14: Residential Block Frontage Map--Mixed Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 17 of 26 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, Bozeman Municipal Code (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 Community Commercial Mixed Use Yes Zoning REMU – Residential Emphasis Mixed Use Yes Comments: The REMU zone is an implementing district for the Community Commercial Mixed Use Future Land Use designation, as is the B-2M zone. As a reminder, this MSP includes only the REMU zoned lands within which the Applicant proposes to develop a mix of housing types that would include, for Phase 1, townhomes, rowhouses and apartments over commercial space along the Kagy Blvd. frontage lots. Both phases would include parks, preservation of wetlands and the retention of the existing Middle Creek Ditch agricultural irrigation facility, along with new parking, landscaping and open space areas for new development therein. Please see Attachment A for relevant Community Plan policies. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: There is no condominium ownership affiliated with this application. Should condominiums developments be desired at a later date, they must comply with all provisions of the Unit Ownership Act, MCA 70-23-101, and must comply with BMC 38.360.100. The Applicant must submit a Condominium Review application to the Community Development Department to create condominiums. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations Yes Comments: There are no know code violations on this site. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Master Site Plan Yes, with Conditions and Code Requirements Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 2 Yes Comments: Overall, the MSP development plan proposes construction of multiple buildings to include 490 residential dwelling units, a 10,000 square-foot community center, 10,000 square feet of office space, and 10,000 square feet of retail space. Buildout and occupancy of the site is projected for completion by approximately 2026. Extension to the 5-year Master Site Plan time period would be requested if needed. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 18 of 26 Comments: This application is for a Master Site Plan. Individual lots within the development will require their own site plan application, review and approval. Development of those lots would follow the land use designations, design manual/guidelines, Park Master Plan standards and overall development standards of this MSP and would meet the Conditions of Approval and Code Requirements noted herein for the MSP. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 REMU allows commercial space of up to 30% of the gross floor area of all development on the Site. The remaining 70% or greater of square footage must be residential. REMU seeks a variety of housing types such as the townhouses, rowhouses and apartments proposed in Phase 1. Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading To Be Decided at individual site plan applications Front Block Frontage standards Rear Side Alley Comments: All development within the REMU Phase 1 and 2 must meet the REMU zone required form and intensity standards. Future development will require specific site plan applications which will be reviewed for conformance with the form and intensity standards. Supplemental use provision. Code Requirement 38.310.060.A.3 Non-residential uses within REMU zones must not exceed 30% of the total gross building square footage of all uses within the MSP area. Appendix W of this MSP application has the tracking table for non-residential square footage within this MSP; this will be updated with each site plan application. Lot coverage Allowed: 75% for residential and 100% for non- residential use TBD Building height Allowed: 5 stories TBD Comments: No buildings are proposed with this MSP. All future development will be required to conform with REMU form and intensity standards of Table 38.320.040. Applicable zone specific or overlay standards 38.330.40 TBD Comments: 38.330.020 REMU District – special standards. Complete streets. Open space standards Future development must meet these standards. General land use standards and requirements 38.350 Yes Comments: Residential use is the predominant use within Phases 1 and 2. Commercial space with housing above is proposed for the lots abutting Kagy Blvd. Housing in Phase 2 would occupy lots east and west of the wetlands park area. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: The accompanying subdivision application proposes rowhouses, townhouses and apartments above commercial space in addition to retention of wetlands and the irrigation ditch, a new park and 2 open space lots along the ditch alignment. Wireless facilities 38.370 NA Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 19 of 26 Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: There are no wireless facilities nor affordable housing required or proposed with this application. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes, if City Commission approves the street subdivision variance Street and road dedication 38.400.020 Yes, if the City Commission approves the street subdivision variance Access easements Yes, per companion subdivision approval Level of Service 38.400.060 TBD Transportation grid adequate to serve site To Be Determined Comments: These parameters would be evaluated at specific site plan applications. The MSP Traffic Impact Study evaluated future conditions with the build-out of the property and recommended mitigation measure improvements to area roads to adequately accommodate the up to 3,000 new external vehicle trips associated with the MSP. Sidewalks 38.400.080 Yes Comments: Each site plan would meet BMC transportation circulation requirements. However, the MSP proposes a pedestrian trail network that appears to meet these standards (see Figure 11). Drive access 38.400.090 Access to site: To Be Determined TBD Fire lanes, curbs, signage and striping TBD Comments: These parameters would be evaluated at specific site plan applications. Street vision triangle 38.400.100 TBD Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities TBD Public transportation 38.400.120 NA Comments: Walkability. The site has a Walk Score of 29 (car dependent), a Transit score of 0, and a Bike Score of 59 (some bike infrastructure). The average walk score for the City as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is former farmland bordering farmland to the north and west and suburban residential neighborhoods to the east and south. With new development applications proposed in the general area, it is anticipated that the area could be more walkable, more bikeable and could provide sufficient ridership to support extending bus service within walking distance. There are no adopted development standards relating to the walk score. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 20 of 26 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 Yes Comments: The MSP Phase 1 is proposing the wetlands park bordered by a commercial node at the southwest corner as a neighborhood center focal point. Phase 1 improvements include: 1. Dedicate all parkland for Phase 1 of the subdivision during subdivision review 2. Enhance and replant stream corridor and constructed detention ponds. 3. Construct Phase 1 park improvements including: a north/south 10’ wide class I transportation trail and a 6’ Wide Class II trail along the west side of the stream corridor 4. Furnishings along the trails and at the primary gathering node including a shade structure, 3 bike racks, 2 picnic tables, 6 benches, and a playground. 5. Dog park west of north/south stream corridor with proper fencing, 1 bench, 2 picnic tables and crusher fines trail loop 6. Two wetland bridge crossings connecting east/west between Class I and Class II trails 7. Street frontage landscaping along South 25th Avenue. Phase 2 of this MSP will use the wetlands as a park feature. Appendix F of the MSP application describes the park master plan for this application. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians’ alternative block delineation Yes Comments: The Preliminary Plat application meets these standards. 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, as the City Commission approved the park frontage subdivision variance Comments: This MSP is accompanied by a major subdivision preliminary plat application, No. 22311. In that application, the Applicant has asked for two variances. One is to NOT extend Remington Way through the Site to its western boundary to avoid encroaching on the wetlands with a road for a second time. West Kagy Blvd. would cross the wetlands area as would a pedestrian bridge for a trail extension (see Figure 10). The second variance is to provide less than 50% of the park frontage with a street as the north and west boundaries of the park front on private property. On August 15, 2023, the Commission approved this variance with their approval of the Aaker Phase 1 Major Subdivision Preliminary Plat. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 21 of 26 Provisions for utilities including efficient public services and utilities 38.410.050-060 Meets Code? Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: The Preliminary Plat addresses these standards. CILWR must be provided prior to final MSP approval. Municipal infrastructure requirements 38.410.070 Yes Comments: The Applicant has requested concurrent construction of public infrastructure with private infrastructure of any lot within the MSP Site. If granted approval by the City Engineer, an Improvements Agreement, Hold Harmless Agreement and financial surety must be provided to the City by the Applicant. 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 TBD Comments: Landscape plans must be provided with each specific site plan. Watercourse setback 38.410.100 Yes, per Code Provision 4 Watercourse setback planting plan 38.410.100.2.f TBD Comments: From the March 3, 2022 West University District Project Aquatic Resources Delineation Summary report: “Three wetland (WL) systems (WL-1, 2, and 3) were delineated within the subject property. All three systems include a nonwetland waterway (NWW) that appear to convey groundwater and Middle Creek Ditch irrigation water (NWW-1, 2, and 3). A man-made pond(0.28 acre) also occurs within the wetland-3 system. Wetland-1 (0.40 acre) is located along NWW-1 (2,360 LF). MNHP data identifies this channel as intermittent with origins close to Middle Creek Ditch. The outdated stream and ditch map (City of Bozeman 1993) indicates NWW-1 was considered a true ditch at that time. Because it appears the feature is a true irrigation ditch though it appears to flow through excavated ponds south of Stucky Road, the channel has been classified as intermittent. The dominant vegetation along the ditch is field meadow-foxtail (Alopecurus pratensis, FAC) with small areas of red-tinged bulrush (Scirpus microcarpus, OBL). The wetland classifies as partially excavated (x) palustrine emergent (PEMx, Cowardin et al 1979). Wetland-2 (3.13 acres) includes NWW-2 (1,620 LF), which appears to be the upper reach of the perennial East Fork of East Catron Creek. This channel also likely conveys irrigation water from Middle Creek Ditch. The wetland community is primarily comprised of field meadow-foxtail and includes spreading bent (Agrostis stolinifera, FAC), Nebraska sedge (Carex nebrascensis, OBL), and Baltic rush (Juncus balticus, FACW). The wetland classifies as palustrine emergent (PEM); the south reach of the ditch is excavated. Wetland-3 (7.82 acres) includes NWW-3 (2,490 LF), the perennial upper reach of the West Fork of East Catron Creek. This channel also likely conveys water from the Middle Creek Ditch system. The southwest end of the wetland includes an excavated pond within a cottonwood (Populus balsamifera, FAC) community. The dominant species within the wetland swale is field meadow-foxtail. The wetland classifies as PEM within the swale and includes a palustrine scrub-shrub (PSS) willow (Salix sp.) and dogwood (Cornus alba, FACW) community in the vicinity of the pond. Functional assessments were conducted for the three aquatic systems. The wetland-1/NWW-1 system qualifies as Category IV system, while the wetland-2/NWW-2 and wetland-3/NWW-3/pond systems qualify as Category III features. All wetland-channel systems would likely be considered jurisdictional by the USACE because of downstream connections to features that connect to the East Gallatin River. It is likely the Gallatin County Conservation District (CD) would require a permit Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 22 of 26 to impact the bed or bank of the wetland-3/NWW-3 system, however the CD should be contacted regarding official jurisdictional status of each channel.” Pursuant to BMC 38.700.210, a Watercourse is “Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. In the event of a braided or other multiple channel configuration of a watercourse, the area of the watercourse is that area lying between the two outermost high-water marks, as defined in this chapter. The term "watercourse" does not mean any facility created exclusively for the conveyance of irrigation water or stormwater. The city may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse.” Code Provision No. 4 requires the MSP to label the 50-foot wide watercourse setback on all plans. Because Middle Creek Ditch is an agricultural irrigation ditch, it is not deemed a watercourse and is not required to have a setback. However, the ditch will retain and label its 20 foot wide ditch maintenance easement on the subdivision map and on MSP plans. 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 NA Improvements in-lieu Yes Comments: The Parkland Requirements are being satisfied through the concurrent Aaker Preliminary Plat, Application 22311. For the Aaker PP, dedicated parkland will make up 27.43 acres of the subdivision. These spaces contain wetlands, ponds, trails, playgrounds, manicured lawns, pavilions, and other major park amenities. Approximately 20.39 acres is comprised of wetland areas, watercourse setback, easements and stormwater pond area. This results in 7.04 acres of qualifying acreage. This is less than the required amount by 1.54 acres. This delta will be bridge through equivalent Improvements-In-Lieu of a value of $174,475. The Phase 1 Planned Amenities include: 1. 6’ wide Class II trails along the west side of the north/south stream corridor and a 10’ wide Class I Transportation trail along the east side of the stream corridor. 2. Benches at intermittent intervals along streams and paths where necessary. 3. Playground area at major trail node with seating, picnic pavilion, and playground area. 4. Bridge across the wetland area to a large community dog park with play berms. Park Frontage 38.420.060 Yes, as the Commission approved the park street frontage subdivision variance. Park development 38.420.080 Yes Recreation pathways 38.420.110 Yes Park/Recreational area design TBD Comments: The Park Master Plan has been accepted at this preliminary stage by the Parks Department. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 23 of 26 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Partially Park BF and Mixed BF Yes, as the Commission approved the park street frontage subdivision variance. Departure criteria Yes Comments: The applicant submitted a request for reduced street frontage of the new City Park within Phase 1 of the MSP. The MSP submittal identifies the BF designations of street frontages as well as park and trail frontages. 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 TBD Relationship to adjacent properties 38.520.030 NA 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 TBD Comments: These site plan elements are not applicable at this stage. At future site plan submittals, these components will be reviewed for adequacy. 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, as the City Commission approved the Remington Way extension subdivision variance. Internal roadway design 38.520.050.D Yes, as the City Commission approved the Remington Way extension subdivision variance Comments: The request to NOT extend Remington Way to the MSP western boundary must be decided by the City Commission. On-site open space 38.520.060 TBD Total required TBD Total provided TBD Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 24 of 26 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 TBD Parking requirements residential 38.540.050.A.1 Reductions residential 38.540.050.A.1.b Parking requirements nonresidential 38.540.050.A.2 Reductions nonresidential 38.540.050.A.2.c Provided off-street Provided on-street Bicycle parking 38.540.050.A.4 Comments: There is no parking required at this time. However, each lot will have its own site plan application, review and determination of Code compliance at Site Plan submittal. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 TBD Drought tolerant species 75% required Parking lot landscaping Additional screening Street frontage Street median island Acceptable landscape materials Protection of landscape areas Irrigation: plan, water source, system type Residential adjacency Comments: The landscape plan should incorporate water-smart, native species, drought-tolerant species to the greatest extent possible. Landscaping of public lands 38.550.070 TBD Comments: When a development proposal is submitted with a site plan application, these parameters will be evaluated. Location and design of service areas and mechanical equipment 38.520.070 TBD Comments: When a development proposal is submitted with a site plan application, these parameters will be evaluated. 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 Condition 2 Building massing and articulation 38.530.040 NA Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: Building designs have not been submitted with this MSP application. The “ Draft Architectural Design Manual” submitted with the application materials and articulates the design goals for the project. Each lot will need a Site Plan and the proposed buildings will undergo building design review. Per Condition of Approval No. 2, the Applicant shall submit a Final Design Manual to the Community Development Department prior to final approval of this MSP and prior to submittal of a site plan for any land within the Site. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 25 of 26 Comments: When a development proposal is submitted with a site plan application, these parameters will be evaluated. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: There are no signs proposed at this time. Signage will require a separate building permit application. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 TBD Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B TBD Comments: When a development proposal is submitted with a site plan application, these parameters will be evaluated. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 Yes Wetland regulations 38.610 Yes, per Code Provision 4 Comments: Wetlands will be preserved, and a watercourse setback will be established and shown on all plans. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public notice period ran from June 28m 2023 to July 17, 2023 for this MSP. As of the date of this report, no comments have been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: The concurrent Aaker Preliminary Plat, Application 22311, will provide all easements for public and private utilities as well as those required for public access to pedestrian circulation networks and the agricultural irrigation facilities on the Site. Link to the application materials Attachment A: Relevant Community Plan Goals and Growth Policies “Goal N-1: Support well-planned, walkable neighborhoods. The growth policy encourages developments to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street; parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. Staff Report Aaker REMU Master Site Plan Application 22381 August 3, 2023 Page 26 of 26 • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The Aaker Master Site Plan (MSP) provides a mix of housing and commercial uses as well as preservation of wetlands with a new park area, and retention of an agricultural irrigation ditch that bisects the property. Residents would have the opportunity to recreate, work, and shop in close proximity to where they live; this facilitates walkability. The MSP continues the east-west arterial street grid of Kagy Boulevard and extends the north-south street grid of South 25th Avenue and South 27th Avenue. The MSP creates new internal vehicular and pedestrian circulation networks. This neighborhood will also tie into the neighborhoods to the east and south, further expanding the connectivity of this entire area. Per the companion subdivision application, the 95.41 acre Site would be divided into 11 lots including 7 buildable lots, 1 park lot, 2 open space lots along the Middle Creek Ditch alignment, and 1 restricted development lot that will require a separate subdivision application should it be developed. Two of the buildable lots would feature commercial space as well as apartment housing. Four of the buildable lots would feature townhouses and rowhouses. The park plan shown in Figure 11 above, indicate that the design would promote the walkability envisioned by the Community Plan. N-1.1 Promote housing diversity, including missing middle housing. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. The internal street grid and pedestrian and trail networks would facilitate connections to the neighborhoods to the east and the south. Future residential development to the north and west would provide their own connections to the Aaker neighborhood’s trail and park areas. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. Goal DCD-3: Ensure multi-modal connectivity within the City. DCD-3.1 Expand multi-modal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. DCD-3.2 Identify missing links in the multi-modal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion.