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HomeMy WebLinkAbout22226 Lions Gate SP FINAL Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 1 of 16 Application No. 22226 Type Site Plan Project Name Lions Gate Development Summary This is a site plan for the development of three buildings that contain a total of 7 industrial tenants on the ground floor with an office on the second floor, and 7 apartments above the industrial users. This development application includes associated parking, pedestrian pathways, stormwater infrastructure, landscaping, irrigation and lighting. Zoning M-1 Growth Policy Industrial Parcel Size 55,321 sf Overlay District(s) None Street Address XX Royal Wolf Way Legal Description Nelson Meadows Sub, S22, T01 S, R05 E, Block 4, Lot 19, Acres 1.27, per plat J-680 Owner Lions Gate Developers, LLC, 1925 S 51st Ave, Omaha, NE 68106 Applicant Bitnar Architects, Thomas Bitnar, 1807 west Dickerson St, Bozeman, MT 59715 Representative Bitnar Architects, Thomas Bitnar, 1807 west Dickerson St, Bozeman, MT 59715 Staff Planner Lynn Hyde Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 5/7/2023 to 5/22/2023 5/7/2023 5/5/2023 NA Advisory Boards Board Date Recommendation Development Review Committee 4/19/2023 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as 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 6-13-23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 2 of 16 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 three industrial buildings that contain 7 shell spaces for industrial users and 7 upper level apartments in the M-1 zoning designation. 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 13th_ day of __June_, 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 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. CODE REQUIREMENT 1. BMC 38.410.130.D – Water Adequacy. To satisfy the City’s water adequacy requirement, a cash-in-lieu of water rights is required to be paid prior to final site plan approval. Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 3 of 16 2. BMC 38.410.100.A.2.f. – Watercourse plantings. All disturbed areas within the watercourse setback must planted with native grasses and vegetation. 3. BMC 38.420.020 – Park Area Requirements. Parks cash-in-lieu is required to be paid prior to final site plan approval. 4. BMC 38.530.050.B.2.a – Building details. Mirrored glass is prohibited. Please provide a glass sample showing the glazing proposed prior to final plans approval so staff can ensure the glazing is sufficient. 5. BMC 38.540.050.A. 5. – Bike Rack Standards. The bike rack proposed on the Site Plan is not an approved style. Prior to final plan approval, revise the proposed bike rack to a style that meets the standards found within the Unified Code. Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 5 of 16 Figure 2: Future land use designation Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 6 of 16 Figure 3: Proposed site plan Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 7 of 16 Figure 4: Exterior elevations units 1, 2 & 3 Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 8 of 16 Figure 5: Exterior elevations units 4 & 5 Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 9 of 16 Figure 6: Exterior elevations units 6 & 7 Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 10 of 16 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 Industrial Yes Zoning M-1, Light Manufacturing District Yes Comments: Industrial Land Use: This classification provides areas for manufacturing, warehousing, technology industries, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. Uses that would be harmed by industrial activities are discouraged from locating in these areas. Although use in these areas is intense, they are part of the larger community and standards for architecture and site design apply. In some circumstances, uses other than those typically considered industrial have been historically present in areas that were given an industrial designation in prior growth policies. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. This project is furthering the goals of the growth policy and zoning designation with shell spaces for future industrial tenants. The presence of residential in this proposal has been carefully considered and determined to be accessory to the industrial use. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with future submittal Comments: The applicant has indicated they intend to condominiumize the units. Should the applicant desire to do so a separate Condominium Review application is required to provide entitlement. Note that because these units are not allowed to be live work units, condominiums created must have the residential units separate from the industrial/commercial units. Additional steps will be required including, but not limited to, the approval of building permits. The Building Division will review the requirements of the International Building Code for compliance at the time of the building permit application. Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 11 of 16 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 associated with this property or development. 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: NA Comments: The application meets all the site plan submittal material requirements. Applicable conditions of approval and code provisions are denoted above. This Site Plan is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved plan. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No additional permits are required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Light Industrial / Apartments Yes Form and intensity standards 38.320 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front Refer to Block Frontage standards Rear 3’ Side 3’ Alley 5’ Comments: The proposal has shell space for future tenants. All future users must be allowed users within the M-1 zoning district. In addition, the proposal includes upper level apartments. Per BMC 38.310.040.C, live/work units are not allowed in the M-1 zoning district, however apartments are allowed so long as they are considered an accessory use, which means less than 50% of the gross floor area can be dedicated to the apartments. The proposed design is meeting the accessory use threshold, with an office on the second floor that is part of the industrial space. The design has been determined to be able to function with two separate users (1 industrial user with a separate residential user above) thus not being considered live/work units. Lot coverage <100% Allowed: 100% Yes Building height 42’8” Allowed: 50’ Yes Comments: The proposed design is significantly less than 100% covered with a significant portion preserved as open space on the eastern side. In addition, the building height is well within the allowed 50’. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 Yes Comments: The proposal complies with the general land use standards and requirements. Note that per BMC 38.350.030 only uses specifically identified by this chapter are to be built. No building, or structure or part thereof may be erected, altered or enlarged for a use, nor must any existing building, structure or Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 12 of 16 part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. The buildings are approved for an industrial user on the ground floor and a residential user on the subsequent floors. These are not permitted as live/work units that more traditionally function as one unit with the same tenant in both the commercial and residential space. The units must be designed to function as two separate units, both with separate, lockable entrances, separate parking and separate open space. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: There are no supplemental use criteria applicable to this project. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities or affordable housing is proposed. 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 NA Access easements NA Level of Service 38.400.060 Adequate Transportation grid adequate to serve site Yes Comments: Adjacent streets are already in place to serve the site and no additional dedication is needed. No new traffic impact study was required by the Engineering Divisions. Due to the small size of this project, the City has determined a Traffic Impact Study (TIS) is not required pursuant BMC 38.220.080.A.2.g. Sidewalks 38.400.080 Yes Comments: The project is required to provide a 5’ wide concrete sidewalk along Royal Wolf Way. The design has been reviewed and found consistent with the BMC. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Royal Wolf Way. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Street vision triangles have been reviewed and are adequate with no obstructions proposed within the triangles. There is a gravel pedestrian path that runs along the eastern side of the property. There is an existing 25’ public trail easement that was put in place with the Nelson Meadows Subdivision (12.5’ on each side of the constructed trail). 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 13 of 16 Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: Lot, block standards and midblock crossings were addressed with the Nelson Meadows Subdivision and are not applicable for this site plan. 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 Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. To satisfy the City’s water adequacy requirement, a cash-in-lieu of water rights is required to be paid prior to final site plan approval. Refer Code Requirement 1. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department and found to be adequate. 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 Comments: The storm drain is proposed to be placed on the eastern side of the property within a public trail easement. An encroachment permit will be required prior to improvements. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: There is an existing creek, Cattail Creek, on the eastern side of the property. Watercourse setback plantings were done with the original subdivision. Any disturbed areas during construction will be reseeded with native grasses. Refer to Code Requirement 2. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 7 DU/acre x .03 acres/unit = .23 acres Yes Cash donation in lieu (CIL) 38.420.030 Yes, with code requirement Improvements in-lieu NA Comments: The residential component of the project requires parkland to be provided at a ratio of .03 acres per unit (up to 8 du/acre). The proposal is requesting to pay cash-in-lieu which is supported by the Parks Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 14 of 16 Department. The cash-in-lieu of parkland is required to be paid prior to final site plan approval. Refer to Code Requirement 3. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: NA 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Industrial (Other) Yes Departure criteria None NA Comments: Royal Wolf Way has an ‘Other’ block frontage designation, and the trail to the east as a trail park frontage. The buildings are meeting the requirements of the other block frontage with setbacks greater than 26’ (minimum is 10’) and building entrances facing the street which is encouraged. In addition, non-residential buildings located greater than 10’ from the sidewalk require 10% façade transparency which the proposed buildings are meeting. 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 Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: The sites non-motorized circulation is adequate. Pedestrian paths are provided throughout the site connecting to the units, open space and parking lots. In addition, the site connects to the trail that travels north south throughout the Nelson Meadows Subdivision. 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 NA Comments: There is no internal roadway proposed. The parking spaces and drive aisle have been designed to ensure vehicles can move safely throughout the site. On-site open space 38.520.060 Yes Total required 7 units @ 150sf/unit = 1,050sf Yes Total provided 1,050 sf Yes Comments: Residential is required to have 150 sf / units. (7units x 150sf = 1,050sf). The design provides the on-site residential open space through a combination of balconies and shared open space adjacent to the Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 15 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Total - 21 Yes Parking requirements residential 38.540.050.A.1 10.5 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 10.5 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 16 Provided on-street 7 Bicycle parking 38.540.050.A.4 2 required Yes, with code requirement. Comments: The development is required to provide a total of 21 parking spaces. There are 23 parking spaces provided through a combination of on-street parking, driveway parking and two guest parking spaces. The development is required to provide at least 2 bicycle parking spaces. Prior to final plan approval, the applicant must provide specifications for bike racks that meet the standards. The proposal submitted currently is for a wave bicycle rack which is not an approval style. Refer to Code BMC 38.540.050.A. 5. Refer to Code Requirement 5. 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 Yes Drought tolerant species 75% required Yes (93%) Parking lot landscaping NA existing gravel trail. No on-site open space is required for the commercial spaces within the industrial zones. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Trash enclosures and service areas are adequately screened with landscaping that meets the requirements. 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, with code requirement Comments: Buildings in the M-1 zoning designation are required to provide at least one articulation feature. The building is providing articulation through windows, entries, and weather protection features, meeting the façade articulation requirement. Blank walls are treated with landscaping. Prior to final plans approval, applicant will need to provide a glass sample to ensure the glazing is not mirrored. Refer to Code Requirement 4. Staff Report Lions Gate Site Plan Application # 22226 5/23/2023 Page 16 of 16 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: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this Sire Plan application. There are 7 boulevard trees being provided along Royal Wolf Way. In addition, all disturbed areas within the watercourse setback must planted with native grasses and vegetation. Refer to Code Requirement 2. Landscaping of public lands 38.550.070 Yes Comments: The proposal is providing the required street frontage trees. No other public lands are present that require landscaping. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: A comprehensive sign plan must be submitted for all commercial, office, industrial and civil uses consisting of two or more tenant or occupant spaces on a lot, or two or more lots subjective to a common development permit or plan. A separate comprehensive sign plan approval is required prior to the installation of any signs on the property. 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 project conforms to the lighting standards found within BMC 38.560. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no known floodplains or wetlands present. There is a watercourse on the eastern portion of the site that travels north south. The watercourse and setback was placed in an easement during the Nelson Meadows Subdivision platting process, and the setback is being maintained with this setback. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public comment period ran from May 7th to May 29 2023. No public comment was received during that time. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: There are no required easements or subdivision exemptions for the approval of this site plan.