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HomeMy WebLinkAbout23167 Staff Report FINAL Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 1 of 14 Application No. 23167 Type Site Plan Project Name Little Spanish Preschool SP Summary A site plan application to convert a two-story home located on Flanders Mill Road to a residence and daycare. The house will be separated into two units with the main level including a residence and group home daycare and the lower level containing a commercial day care center. Site improvements will include new parking, bike parking, landscaping, walkways, and a public shared use path along Flanders Mill Road. Zoning R-3 Growth Policy Urban Neighborhood Parcel Size 1.088 acres Overlay District(s) None Street Address 130 Flanders Mill Road Legal Description Legally described as Parcel 1, Acres 1.088 of Certificate of Survey 2360, located in Section 03, T 02S, R05 E, of P.M.M., City of Bozeman, Gallatin County, State of Montana Owner Justin & Viviana Helvik, 410 Westgate Avenue, Bozeman, MT 59718 Applicant Same as Owner Representative Alpine Surveying and Engineering, 714 Stoneridge Dr., Suite 3, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 10/10/23-11/08/23 10/10/23 10/10/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 10/4/23 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA 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 11/15/23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 2 of 14 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 separating an existing structure into two units with the main level including a residence and group home daycare and the lower level containing a commercial day care center. 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 _16th_ day of _November__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 Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 3 of 14 CONDITIONS OF APPROVAL 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. BMC 38.410.060 Easements – The proposed 10-foot multi-use path along Flanders Mill Rd is not entirely within the existing 30-foot street and utility easement. The applicant must provide a final (wet signature) easement document with location exhibit prior to final site plan approval. 2. BMC 38.550.070 Landscaping of Public Lands – Tree planting permits must be obtained from the forestry department prior to installation of trees in city rights-of-way. Boulevard trees will require separation from gravel mulch. Each tree needs to have a 3' diameter ring of wood chip mulch, 3-4" in depth. Rock mulches are harmful to tree health, amplifying soil temperatures and have limited capacity to hold water/moisture. The landscaping plan must be revised prior to building permit approval. Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 4 of 14 Figure 1: Current Zoning Map Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 5 of 14 Figure 2: Site Plan Figure 3: Civil and Utility Plan Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 6 of 14 Figure 4: Landscaping Plan Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 15, 2023 Page 7 of 14 Figure 5: West and South Proposed Elevations Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 8 of 14 Figure 6: North and East Proposed Elevations Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 9 of 14 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 Urban Neighborhood Yes Zoning R-3, Residential Medium Density District Yes Comments: The project conforms to the requirements of the R-3 zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-3 zoning district. The existing structure will be separated into two units to accommodate a day care group home on the main level with a residence and a day care center on the lower level. All proposed uses are permitted within the R-3 zoning district and require licensing by the State of Montana. 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 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 1 phase for the purposes of occupancy. 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 Day Care Center, Day Care Group Home, & Private Residence Yes Form and intensity standards 38.320 Zoning: R-3 Setbacks (feet) Structures Parking / Loading Yes Front 15 NA Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 10 of 14 Rear 20 NA Side 5 NA Alley NA NA Comments: Day Care Center, Day Care Group Home and Single-Family Dwellings are primary uses within the R-3 district. The proposed project is meeting setback requirements for the R-3 district. The block frontage designation for both Flanders Mill Rd. and Sunstone Street is landscaped and the site plan is compliant with the requirements of 38.510.030. Landscaping is proposed within a 5-feet wide boulevard adjacent to Flanders Mill Road, as well as a 10-feet wide shared use asphalt path. The existing building complies with the 15-foot front setback requirements, 20-foot rear setback requirements and 5-foot side setback requirements. No changes to building location are proposed with this application, the new parking areas are meeting setback requirements. The small entryway addition is over 35-feet from the north property line. Lot coverage 4.6% Allowed 40% Yes Building height 8:12 – 23’ 2.5” Allowed 46-feet Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The percentage of lot coverage by buildings is less than the maximum 40% in R-3 zoning. No changes to roof form or building height are proposed with the application. 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 NA Comments: No setback or height encroachments are proposed. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: No supplemental use standards are triggered by the proposed uses. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing incentives are 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 Street and road dedication 38.400.020 NA Access easements NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division based on the trip generation numbers provided. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. Sidewalks 38.400.080 Yes Comments: Sidewalks are proposed within the site and a 10-feet wide shared use path is proposed adjacent to Flanders Mill Road. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: The subject property is currently accessed by two approaches onto Flanders Mill Road creating a looped driveway. The northern approach will be removed with the proposed project, and the Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 11 of 14 southern access will be widened to accommodate two-way traffic both in and out of the site. All circulation and parking is provided internally. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: A shared use pathway is proposed adjacent to Flanders Mill Road along the western property line, however it does not appear to be entirely within the existing right-of-way. An additional 5-feet wide pedestrian access easement was submitted with the application. 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. 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: Utility requirements were reviewed by engineering and CIL of water rights was previously credited to the subject property. The project’s estimated average water demand falls below the 0.25 acre-foot threshold requiring offset so no CIL of water rights is required. The applicant proposes a stormwater retention pond within the 20-foot utility and electrical power line easement along Flanders Mill Rd. and provided permission from the easement holder. The structure is currently on well and septic services. The septic tanks will be abandoned upon connection to City services, and the existing well will be used for irrigation purposes only. Code provision 1 requires the execution of required utility easements. 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 Yes Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. An existing stormwater retention pond is located adjacent to the western property line along Flanders Mill Road and is proposed to be expanded to accommodate additional stormwater from the proposed project. Landscaping around the pond is provided and meets the requirements for depth and slope. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 12 of 14 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: The project is exempt from the parkland requirements as no residential development is proposed exceeding the existing single-family dwelling. 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 Landscaped Yes Departure criteria None NA Comments: The block frontage designation for both street frontages is landscaped and the proposed site plan complies with the requirements in 38.510.030.C.2. The proposed ground floor level containing a non-residential use along Sunstone Street complies with the required façade transparency of over 25% above 4-feet from the adjacent sidewalk. Landscaping is proposed adjacent to the public street and a concrete sidewalk is provided to connect the new entry with the existing sidewalk The entry is meeting weather protection requirements. 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 38.520.040 Yes Comments: An existing path extends from the proposed parking area to the main level of the existing structure. A new path is proposed, extending from the parking area to the lower level of the structure. The path will also connect to the northern property line adjacent to the Sunstone Street which contains an existing sidewalk. 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 Total required NA NA Total provided NA NA Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 13 of 14 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 2 Reductions residential 38.540.050.A.1.b 2 Parking requirements nonresidential 38.540.050.A.2 11 Reductions nonresidential 38.540.050.A.2.c 2.66 Provided off-street 8 Provided on-street 1 Bicycle parking 38.540.050.A.4 4 Yes Comments: Parking is proposed to be provided with 2 spaces located in the existing garage, 1 ADA parking space adjacent to the building and 5 parking spaces located in the new asphalt parking area northwest of the existing structure. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. The applicant is proposing additional landscaping along Flanders Mill Road for the reduction of on-site parking. Additionally, 1 on-street parking space is located along Sunstone Street at the northern property line for a reduction in parking located on the subject property. Covered bicycle parking is to be provided with a shared rack on a pad at the southwestern corner of the building, adjacent to the ADA parking space. The applicant is proposing 2 additional covered bike parking spaces in lieu of an on-site parking space. With the permitted reductions in parking, the submitted site plan complies with the required parking for the proposed uses. 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 Comments: No commercial open space is required. Although the subject property is greater than 1 acre, with the omission of the residential area the site results in less than one acre and is therefore exempt from the standards. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Solid waste will be collected via individual container collected once per week. 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: Since the structure will contain non-residential uses on the ground level, this section applies to the proposed modifications to the building. The use of building entrances with associated porches, windows, and roof articulation will assist in maintaining the residential character of the structure. New composite wood siding is proposed to match existing materials. Staff Report Little Spanish Preschool Site Plan Application No. 23167 November 22, 2023 Page 14 of 14 Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Landscaping is proposed adjacent to Flanders Mill Road with a mixture of drought tolerant perennials, grasses and small shrubs. Street trees will also be provided along the Flanders Mill Road and Sunstone Street frontages. The parking lot will be landscaped with a mixture of shrubs maintaining a minimum 4-feet in height as the subject property is adjacent to a residential subdivision. Additional trees will be located along the northern property line to comply with the adjacent residential requirements. Tree spacing and species selection was reviewed by the Forestry Division. The applicant is required to get forestry permits prior to boulevard landscaping and revise mulch design around public trees prior to building permit issuance to meet forestry standards. 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. Signs permits must first be obtained prior to the installation of any signage on the property. The use is eligible for signs permitted under BMC 38.560.060.B.3.c which allows permitted non-residential use types in residential districts to install signs as if the underlying zoning were B-1. 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: Building mounted lighting meeting the required cutoff and intensity requirements are proposed adjacent to the building entrances. The proposed lighting will include a motion sensor flush wall sconce which complies with the required footcandles for building entrances. No other site lighting is proposed with the submitted application. 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 comments were submitted. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. One additional easement was required by the Engineering Department for the extension of the shared use pathway along Flanders Mill Road as described in Section 6a of this report.