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Home My WebLink About22017 Staff Report FINAL Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 1 of 9 Application No. 22017 Type Site Plan Project Name Gallatin County Regional Park Improvements Summary A Site Plan application for construction of an asphalt parking area, Zoning PLI Growth Policy Parks and Open Land Parcel Size 99.70 acres Overlay District(s) NA Street Address 1595 N. Ferguson Ave, Bozeman, MT 59718 Legal Description S03, T02 S, R05 E, C.O.S. 2202B, PARCEL 3A-1 REMAINDER, ACRES 97.59 Owner Gallatin County – 311 W. Main St, Bozeman MT 59715-4594 Applicant Allied Engineering Services, Madeline Good, 32 Discovery Drive, Bozeman, MT 59718 Representative Allied Engineering Services, Rory Romey PE, 32 Discovery Drive, Bozeman, MT 59718 Staff Planner Claire Morrison Engineer Griffin Nielson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 10/27/2022 – 11/11/2022 10/27/2022 10/27/2022 NA Advisory Boards Board Date Recommendation Development Review Committee 03/02/2022 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Community Development 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 February 2, 2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 2 of 9 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 a surface parking lot, sidewalks, and associated site improvements in the PLI district. 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 _2nd_ day of __February_, 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. Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 3 of 9 Figure 1: Current Zoning Map Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 4 of 9 Figure 2: Proposed site plan Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 5 of 9 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 Parks and Open Land Yes Zoning PLI Yes Comments: The uses are allowed within the zoning district. The property is within the City’s municipal service area. The project is to construct a parking lot, sidewalk, and trail connections that will increase accessibility and benefit the public. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: NA 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 subject 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: NA Comments: The submitted materials satisfy application requirements. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: NA 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Publicly owned land used for parks Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front NA NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: Rear and side setbacks in the PLI district are determined by adjacent districts. The subject property is adjacent to property zoned R-3 and R-3 side and rear setbacks have been applied. Front Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 6 of 9 setbacks are prescribed by division 38.510 of the Bozeman Municipal Code and are presented in this staff report. Lot coverage NA Allowed: NA NA Building height NA Allowed: NA NA Comments: NA Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: NA 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 NA 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: Construction and dedication of streets are not required for this proposal. The engineering department reviewed the level of service and transportation grade. Sidewalks 38.400.080 Yes Comments: A sidewalk will be constructed along N. Ferguson Avenue from its intersection with Oak Street. Sidewalks on-site appear to meet standards. Drive access 38.400.090 Access to site: 1 No* Fire lanes, curbs, signage and striping Yes Comments: * The site access does not meet access separation requirements. A site access modification request was submitted and approved by the engineering department. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: The street vision triangle and pathways appear to meet standards. Pedestrian access easements were not required for this project as determined by the engineering department. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 7 of 9 Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: NA 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 NA Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water rights (CILWR) NA Comments: The proposed work does not trigger construction, connection, or improvements to utility services. A 10-foot utility easement for extension of utilities and future connections was reviewed by the engineering department. Municipal infrastructure requirements 38.410.070 NA Comments: NA 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: Stormwater design, maintenance, and landscaping standards appear to be met. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Yes Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: The proposed work does not trigger parkland dedication requirements. 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 Other Yes Departure criteria NA NA Comments: Block frontage standards including setbacks, parking location, and landscaping are met. No departures have been requested or are necessary. Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 8 of 9 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 NA Yes Parking requirements residential 38.540.050.A.1 NA 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 +43 Provided on-street NA Bicycle parking 38.540.050.A.4 NA Comments: Section 38.340.050 BMC does not identify parking requirements for the property’s use as a public park. The proposed surface parking area adds 43 spots to the property’s total capacity. 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 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: A pedestrian path is provided through the parking lot. All pathways conform to standards. 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: Vehicular circulation appears to meet standards. On-site open space 38.520.060 NA Total required NA NA Total provided NA NA Comments: The proposed improvements do not trigger open space requirements. Location and design of service areas and mechanical equipment 38.520.070 NA Comments: No service areas or mechanical equipment are proposed. 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 NA Building massing and articulation 38.530.040 NA Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: The proposed parking area and associated improvements do not trigger building design standards. Staff Report Gallatin Co Regional Park Improvements SP 22017 January 31, 2023 Page 9 of 9 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 Yes 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: Large canopy trees are to be planted along the entirety of the property’s frontage on N. Ferguson Avenue as required. Landscaping standards related to setbacks, parking lots, and protection of landscaped areas are met through the provided landscape plan. Landscaping of public lands 38.550.070 Yes Comments: Boulevard trees are provided in the city right-of-way and are required to be appropriately maintained by the property owner. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: NA 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B NA Comments: NA 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: Four public comments were submitted during the public notice period and were made available to the director prior to issuance of a decision. These comments expressed concerns regarding landscaping design, particularly the use of large canopy trees for boulevard trees. See section 7.e of this staff report and associated code citation. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: NA