HomeMy WebLinkAbout23170 Staff Report FINAL Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 1 of 15
Application No. 23170 Type Site Plan
Project Name 14th and Patrick Site Plan
Summary A site plan application to construct a 155-unit multifamily development, parking lot, and site improvements. This project will use deep incentives from 38.380 to create affordable housing units. It will consist of 67 one-bedroom units, 43 two-bedroom units, and 43 three-bedroom units. A departure is requested from 38.510.030 to allow parking along North 15th and Patrick Street.
Zoning B-2M Growth Policy Regional and Commercial Services Parcel Size 141,902 SF
Overlay District(s) None
Street Address Corner of 14th and Patrick
Legal Description Lot 1, Block 2 of PT Land Phase 2 Subdivision, Amended Subdivision Plat no. J-498B, Located within the NW 1/3 of S01, T02S, R05 E, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. Owner Virga Venture, LLC, PO Box 1070, Bozeman, Montana 59771
Applicant Reuter Walton, 4450 Exclesior Boulevard 400, St. Louis Park, Minnesota 55416
Representative WGM Group, 109 E Main Street, Suite B, Bozeman, MT 59715
Staff Planner Sarah Rosenberg Engineer Suzanne Ryan
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
10/4 – 10/26/2023
10/4/2023 10/4/2023 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 7/12/2023 The application is adequate, conforms to standards, and is sufficient for approval 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 Due 10/27/2023
Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=254572&dbid=0&repo=BOZEMAN
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 2 of 15
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 construct a 155-unit multifamily development, parking lot, and site improvements with affordable housing incentives. 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 __27th_ day of October 2023, Anna Bentley, Interim 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 identified during staff review 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 or state law.
CODE PROVISIONS
1. 38.270.030.C. Concurrent construction, improvements completion time for site development. Concurrent
construction is preliminarily approved for this project by the DRC. The applicant must satisfy the code requirements
in 38.270.030.C.1.c prior to final concurrent construction approval and building permit issuance.
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 3 of 15
2. 38.380.040. Affordable Housing. The applicant and owner, if different, must consent to the City recording a
summary of the affordable housing plan immediately following conditional approval of the 14th & Patrick Site Plan.
3. 38.380.060. Affordable housing. The applicant and owner, if different, must record and provide to the City of
Bozeman a Notice of Restrictions for the Affordable Housing Plan and a Declaration of Restrictive Covenants that
implements the affordable housing plan immediately following conditional approval of the 14th & Patrick Site Plan.
4. 38.410.130. Cash-in-lieu of water rights (CILWR) must be paid prior to final site plan approval.
5. 38.420.030 Provide cash-in-lieu of parkland (CILP) approval from the Parks Department, and payment prior to final
site plan approval.
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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Figure 1: Current Zoning Map
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14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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Figure 2: Architectural Site Plan
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Application No. 23170
October 27, 2023
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Figure 3: Civil Site & Utility Plan
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14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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Figure 4: Landscaping Plan
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14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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Figure 5-8: Perspective Views
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14th and Patrick Site Plan
Application No. 23170
October 27, 2023
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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 and Commercial Services Yes
Zoning B-2M, Community Business District Mixed Yes Comments: The project conforms to the requirements of the B-2M zoning district. B-2M is an implementing district of the 2020 Community Plan designation of Regional and Commercial Services. Although this property is designated to be developed for commercial services, residential uses are allowed. The project is well-integrated into the area and has transportation and utility services. The location of this higher density residential building is nearby a range of commercial space that provides a variety of services for residents and emphasizes on a vibrant mixed-use district. As the project is designated as an affordable housing project, this high density residential building will provide much needed units in an area adjacent to a range of commercial uses that offers a variety of services for residents and emphasizes on a vibrant mixed-use district. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership No Comments: Additional steps will be required including but not limited to review of final site plan approval, concurrent review, infrastructure plans, and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations None Yes Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes Submittal requirements 38.220.100 Yes
Phasing of development 38.230.020.B No. of phases: 1 Yes
Comments: This project is to be completed in one phase. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA
Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments, Apartment Buildings Yes
Form and intensity standards 38.320
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 11 of 15
Zoning: B-2M Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage Block Frontage
Rear 10 5 Side 5 5 Alley 5 NA Comments: Apartments and apartment buildings are primary uses within the B-2M district. The project proposes 67 one-bedroom units, 43 two-bedroom units, and 45 three-bedroom units. The proposed project is meeting setback requirements for the B-2M district. Front setback standards are set forth by block frontage (see section 7a). The project is adhering to all setback requirements. The building lines Tschache Lane to the north and North 15th to the west and meets all setback requirements. The parking lot fronts onto Patrick Street to the south and North 14th Avenue to the east and meets setback requirements. Lot coverage 25% Allowed 100% Yes
Building height 51-feet Allowed 50-feet residential only + 4 additional stories
Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design. As this is an affordable housing project, it qualifies for incentives outlined in 38.380.030 which allows an additional 4 stories in to be built in the B-2M zone district. Applicable zone specific or overlay standards 38.330-40 NA
Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 Yes Comments: There are no encroachments. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type None NA
Comments: No uses with supplemental use criteria are proposed. Wireless facilities 38.370 NA Affordable Housing 38.380 Yes Affordable housing plan Yes
Affordable housing incentives Yes Comments: The affordable housing plan was approved by the Director of Economic Development. The project proposes income and rent restricted units at 60% of the Area Median Income (AMI) and will extend the affordability requirements for a period of no less than 30 years. The proposal is utilizing deep incentives as allowed per 38.380.030. The incentives that are part of this project includes a no minimum on-site vehicle parking requirements, relief from form and intensity standards for building height, and relief from requirements such as building design. A final affordable housing plan is required upon the approval of this site plan as outlined in the code provisions. This plan and a Declaration of Restrictive Covenants must be recorded upon approval. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 Yes
Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 12 of 15
Comments: A Traffic Impact Study was waived for this project since one was generated and approved for the PT Lands Phase 3 Subdivision. The property is served by North 15th to the west which is classified as a collector street and Patrick Street to the south, North 14th Avenue to the east, and Tschache Lane to the north, all which are classified as local streets. Sidewalks 38.400.080 Yes Comments: Sidewalks both within and adjacent to the site along all street frontages are to be provided. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Access to the site is from two drive aisles off North 14th Avenue to the east.
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 Yes Comments: No new transportation pathways are proposed with this application. Street design has been evaluated by engineering. The project is adjacent to the Streamline Bus blueline route which run every thirty minutes during the weekday. 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 Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: This project does not trigger lot and block standards as the lot was already developed with the PT Lands subdivision. 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.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering. CIL of water rights is required to be paid prior to site plan approval. Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. 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 NA Comments: The stormwater facilities design has been reviewed by engineering and found to be adequate. The project is proposing the use of stormwater ponds, curb inlets, manholes, and storm conveying piping. Grading and drainage has been reviewed by engineering and found to be adequate. Watercourse setback 38.410.100 NA
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 13 of 15
Watercourse setback planting plan 38.410.100.2.f NA
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A .61 acres of parkland required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: A total of .61 acres of parkland dedication and .31 acres of equivalent CILP are required for this project. The applicant proposes CIL of parkland to equate to .91 of CIL with an appraisal value of $104,150.22. The applicant is required to pay the CIL amount prior to final site plan approval. Park Frontage 38.420.060 NA Park development 38.420.080 NA
Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. The property is within a half mile of the Walton Homestead Park and Rose Park. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Mixed-Landscaped, Special Residential Yes
Departure criteria 38.510.030.C, Parking location Yes
Comments: The block frontage designation for all streets is mixed, and the applicant proposes landscaped. Weather protection, building entrances, transparency, sidewalk and landscaping are met for the landscaped frontage. A departure is requested from 38.510.030.C to allow a parking lot to exceed 50% of the street frontage. Since the lot fronts on to streets on all sides, it is infeasible to meet the requirements. The proposed building is aligned along 100% of North 15th and Tschache Lane. The parking lot extends 75% of North 14th Avenue and 64$ of Patrick Street. A mixture of street trees and thorough landscaping are proposed to provide landscape screening. The Development Review Committee is in support of this request. 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 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 38.420.040
Yes
Comments: Pedestrian paths through the site and to the open space and service areas meet the standards in this section for location, connections, and widths. 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 38.420.050
Yes
Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 14 of 15
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 0 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 140 Provided on-street 46
Bicycle parking 38.540.050.A.4 16
Comments: Per the affordable housing deep incentive, there are no minimum on-site vehicle parking requirement. There are 140 parking spaces provided on the site and 46 on-street parking stalls along all four streets surrounding the site. 16 bicycle parking spaces are proposed on the site. 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 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: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes
Total required 18,525 SF Yes Total provided 19,975 SF Yes Comments: Open space is to be provided via ground level shared open space and shared indoor recreation areas. The shared exterior open space includes landscaped areas, pathways, a children’s play area, and a patio. The indoor recreation area includes a fitness room and a community room. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by landscaping and are located on interior elevations facing parking areas. The trash is located within the building with a designated pick up area. 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 NA Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: Per the affordable housing deep incentives, multi-household dwellings are exempt from maximum facade width standards, roofline modulation standards, building detail standards, and building material standards.
Staff Report
14th and Patrick Site Plan
Application No. 23170
October 27, 2023
Page 15 of 15
Comments: Street trees will be provided along all frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application or required for residential uses. A separate sign permit is required prior to the installation of any commercial signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: The application proposes pole mounted site lighting over internal walkways, recessed lighting at entries, and wall mounted lighting. The lighting meets the required cutoff and intensity requirements. 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: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements NA Comments: NA