HomeMy WebLinkAbout23065 Staff Report Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 1 of 17
Application No. 23065 Type Site Plan
Project Name Blackwood Groves Block 15 Apartments
Summary Construction of two apartment buildings with 41 dwelling units each on a 2.51 acre Site consisting of Lot 1 of Block 15 in the Blackwood Groves Subdivision Phase 2 Final Plat recorded on March 27, 2023. The Site and surrounds are zoned REMU and there is an adopted Master Site Plan (20292) which supports this application. The 82 units are a mix of one-, two- and three-bedroom units ranging from 779 to 1,617 square feet in size. Landscaping, open space and parking will be provided. Parkland has been provided by the subdivision.
Zoning REMU Growth Policy Residential Mixed Use Parcel Size 2.51 acres
Overlay District(s) None
Street Address Unaddressed
Legal Description Lot 1, Block 15 of the Blackwood Groves Phase 2 Major Subdivision
Owner Blackwood Land Fund LLC
Applicant Bridger Land Group
Representative Matt Hausauer, Bridger Land Group
Staff Planner Susana Montana Engineer Alicia Soliz Paz
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
10/13/23 to 11/3/23 10/13/23 10/13/23 NA
Advisory Boards Board Date Recommendation
Development Review Committee 10/6/23 The application is adequate, conforms to standards and is sufficient for approval with conditions and code provisions noted below.
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 12-19-23
Full application and file of record here or at the Community Development Department at 21 E. Olive St., Bozeman, MT 59715
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 2 of 17
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 construction of 82 apartment dwelling units in two buildings on a single 2.51 acre lot zoned REMU. 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
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 3 of 17
CONDITION OF APPROVAL
PLEASE NOTE THAT THIS CONDITION IS IN ADDITION TO ANY REQUIRED CODE PROVISIONS IDENTIFIED IN THIS REPORT. ADDITIONAL CONDITIONS OF APPROVAL AND CODE CORRECTIONS MAY BE 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.
CODE PROVISION
1. BMC 38.410.130. Water Adequacy: To satisfy the City's water adequacy requirement a cash-in-lieu of water rights
fee of $67,125 must be paid prior to final site plan approval. The fee determination is uploaded in the City Document
folder for review and reference. The applicant has also indicated an interest in participating in the City's high-efficiency
rebate program. To participate in the program the owner must enter into the City's high-efficiency rebate agreement.
The agreement template has been uploaded in the project files and needs to be updated with the owner's information.
Once updated please send the agreement to me at (gnielsen@bozemna.net) for review. The agreement should be
finalized and executed prior to final site plan approval.
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 1: Vicinity Map for Blackwood Groves Subdivision (B lock 15 in red)
Figure 2: Current Zoning Map
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 3: Blackwood Groves Master Site Plan (Block 15 in Red)
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Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 4: Blackwood Groves neighborhood concept plan (Block 15 location in red)
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Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 5: Landscape Plan
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Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 6: Block 15 Site Plan
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Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
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Figure 7: Building Elevations
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 10 of 17
Figure 8: Building Perspectives
Figure 9: Blackwood Groves Phase 2 Subdivision
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 11 of 17
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 Residential Mixed Use Yes
Zoning REMU, Residential Emphasis Mixed Use Yes
Comments: The REMU zoning is an implementing zoning for the Residential Mixed Use Future Land Use Map (FLUM) designation for the Site. Relevant Community Plan policies for this apartment development are noted below in Attachment A to this report.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership NA Comments: These are rental units.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations Yes Comments: This vacant land has no known violations.
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: 1 Yes Comments: Meets code. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: Apartments are a principal use in the REMU district. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartment buildings Yes Form and intensity standards 38.320
Zoning: Setbacks (feet) Structures Parking / Loading Yes
Front 10’ 10’
Rear 10’ 10’
Side 5’ 10’ Alley NA NA
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 12 of 17
Comments: The Buildings “front” on Winterthur and S. 15th streets and the parking lies within the center of the lot and along its southern border which fronts on a drainage pond open space lot (OS “D”).
Lot coverage Allowed: 75% Provided: 32% Meets Code? Yes Building height Allowed: 5 stories Provided: 3 stories/35’ Yes
Comments: Meets code.
Applicable zone specific or overlay standards 38.330-40 Yes Comments: Meets 38.320.040 REMU Form & intensity standards General land use standards and requirements 38.350 Yes Comments: Meets code. Applicable supplemental use criteria 38.360 NA Supplemental uses/type None NA
Comments: NA
Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA
Comments: The Applicant proposes these units to be market-rate rental units.
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 Adequate Transportation grid is adequate to serve the site Yes
Comments: The Blackwood Groves Phase 2 Subdivision addresses these parameters. Sidewalks 38.400.080 Yes Comments: Sidewalks are provided from ground floor units to public sidewalks and are provided within the Site to parking, open space, buildings and street sidewalks. Drive access 38.400.090 Access to site:2 Yes Fire lanes, curbs, signage and striping Yes Comments: Meets code.
Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar transportation facilities Yes
Public transportation 38.400.120 NA Comments: Public transportation is not yet provided to this Site as ridership does not support extension of the Streamline bus service to the Site at this time.
6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 Yes
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 13 of 17
Comments: The Blackwood Groves Subdivision provides neighborhood centers along the east side of the development in its commercial nodes and wetlands park. Lot and block standards 38.410.030-040 Meets Code? Yes Midblock crossing: rights of way for pedestrians’ alternative block delineation NA
Comments: The Site has an internal circulation network for pedestrians to connect to public sidewalks.
If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, per Code Provision 1.
Comments: The Applicant must pay the cash-in-lieu of water rights to the City prior to final site plan approval.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Meets code.
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: 88% of trees and shrubs are drought-tolerant
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
Comments: There are no watercourses on this site.
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 NA Comments: The Blackwood Groves Subdivision provided parkland dedication in excess of the maximum 12 dwelling units per acre for parkland dedication and/or cash-in-lieu of parkland dedication for Block 15. No additional parkland dedication or cash/improvements-in-lieu of parkland dedication is required for this proposal. Park Frontage 38.420.060 NA Park development 38.420.080 Yes
Recreation pathways 38.420.110 Yes
Park/Recreational area design NA Comments: The Blackwood Groves Subdivision dedicated a network of parklands to the public as well as provided a number of drainage/open space lots for public access and use.
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 14 of 17
Figure 10: Blackwood Groves Parks Master Plan (Block 15 in red) 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Mixed/Landscape Block Frontage Yes
Departure criteria None requested NA
Comments: The Applicant is providing the 10’ landscape setback along the street frontages. Lot OS “D” to the south is a drainage pond open space and is not a linear park so the linear park frontage is not required. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 15 of 17
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes
Parking requirements residential 38.540.050.A.1 30 one-bedroom units plus 52 two- and three-bedroom units =134 spaces required Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA
Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 117 Provided on-street 17 Total 134 spaces provided Bicycle parking 38.540.050.A.4 14 required/ 16 provided Comments: Meets code. 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
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
Meets Code? Yes
Comments: The street-facing ground floor dwellings have direct and visual connection to the street sidewalks which meet the Landscape Block Frontage (BF) standards. Landscaping shields the ground floor units from pedestrian corridors which meet the safety and privacy standards of the subsection J Special Residential BF. 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 internal drive aisles meet the configuration and dimensional standards of the code. On-site open space 38.520.060 Yes Total required 10,800 square feet Yes Total provided 11,218 sf Yes Comments: Open space for residents is provided as balconies, private outdoor patios and indoor recreation areas in the ground floor “amenity room” of each of the two buildings. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: The single trash enclosure for the 82 dwelling units is provided landscaped screening.
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 3-story apartment building is located in the center of the Blackwood Groves neighborhood which has a mixture of single-story and taller residential buildings. Five story buildings are allowed in the REMU district and by the BWG MSP and, as the subdivision develops over time, other 3- to 5-story buildings may appear. At this time, the 3-story apartments of this site plan will be the tallest buildings of the BWG neighborhood. The materials and coloring of the buildings are similar to apartment buildings off-site but in the area. The canopies, color palette and roof line appurtenances are unique in design and will distinguish the building from its neighbors.
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 16 of 17
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required 88% provided Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: Meets code. Landscaping of public lands 38.550.070 Yes Comments: Boulevard green and on-street diagonal parking space islands are landscaped. Note that the southern edge of the parking lot, abutting the Open Space Lot D, is not required to provide landscape screening per 38.550.050 and, therefore, does not.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: NA 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: Dark sky compliant and meets code.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA Comments: NA
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: Public notice was given on October 13, 2023 via posting on the property and mail to owners of adjacent properties. To date, 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: NA
Staff Report
Blackwood Groves Block 15 Apartments
Application 23065
December 19, 2023
Page 17 of 17
Attachment A: Relevant Community Plan Policies
Bozeman Community Plan 2020 Goal N-1: Support well-planned, walkable neighborhoods. N-1.1. Promote housing diversity, including missing middle housing. [N-3.8 defines what is meant by “missing middle housing”: Promote the development of “Missing Middle” housing (side by side or stacked two-household, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing.” Smaller size, single-household, detached rental dwelling units may be a type of “missing-middle” income housing and, certainly would provide a diversity of housing type for the City.] The Bozeman Community Plan 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.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
Staff Comments: The Blackwood Groves Master Site Plan (MSP) provides a mix of housing and commercial uses as well as
City parks and private open space areas interspersed throughout the 119-acre Site. Wetlands are protected at the eastern edge
of the Site. Residents have the opportunity to recreate, work, and shop in close proximity to where they live; this facilitates
walkability. The MSP continues the north-south street grid and 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. The Block 15 apartment complex strengthens the MSP neighborhood and extends the open space network and
pedestrian pathways to other residential notes, parks, commercial nodes and the wetlands’ parkland.
N-1.1 Promote housing diversity, including missing middle housing.
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.
Comments: The Blackwood Groves neighborhood features apartment buildings, small single household detached houses and
duplex units. Overall, 289 single-household dwellings and 578 multi-household dwellings are proposed in the BWG MSP. The
Block 15 apartments would contribute 82 multi-household dwellings to that goal.
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.
Comments: The internal street grid and park locations facilitate these connections to the neighborhoods to the east and the
developing neighborhoods to the north and west. The new residential developments to the north (South Range Crossing) and
the northwest (Graf and Nexus apartments) provide their own connections to the BWG MSP trail, open space, park and wetlands
areas.