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HomeMy WebLinkAbout22047 Director's Conditional Approval 6.28.2023 Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 3 of 24 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. All requirements of Exhibit B in the Declaration of Covenants, Conditions and Restrictions for Sundance Springs, Section II Neighborhood Services Property (CC&Rs or Covenants), remain in full force and effect, including, but not limited to the following requirements: a. No on-street parking is allowed; b. Exterior lighting cannot be higher than the height of the building or 20 feet, whichever is less; and c. All commercial uses are limited to hours of business 7 a.m. through 9 p.m. unless otherwise allowed by the City of Bozeman (City). 2. A city standard sidewalk must be constructed along the South 3rd Avenue frontage. The sidewalk must connect to the sidewalk to the north at Ellis View Loop and connect to the sidewalk and pavement at Little Horse Drive. Any sidewalk ramps constructed within the right-of-way for South 3rd Avenue must be in compliance with the Montana Department of Transportation’s details for concrete sidewalk. 3. ‘No parking’ signs must be installed along South 3rd Avenue, Little Horse Drive, Ellis View Loop, and Peace Pipe Drive. CODE REQUIREMENTS 1. BMC 38.270.030.C. Concurrent Construction. Prior to building permit issuance, the applicant must show that all criteria found within BMC 38.270.030.C.1 have been met in order to approve concurrent construction. 2. BMC 38.400.070 – Street Lighting. The required public street light(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to receiving a certificate of occupancy. 3. International Fire Code 103.6 - Due to the length of the parking lot, the Fire Department reviewed and approved a fire turnaround and loading zone between the east and west buildings. This area must be clearly signed with ‘No Parking, Fire Lane’ signs on both sides. The signage must be installed prior to Certificate of Occupancy. 4. BMC 38.410.030 – Water Adequacy. To satisfy the City’s water adequacy requirement, cash-in-lieu of water rights (CILWR) must be paid prior to final site plan approval. 5. BMC 38.410.060 – Easements. Provide a plan sheet showing the existing and proposed easements. All new easements will be required to be recorded in a form acceptable to the City including, but not limited to: i. 30’ sewer and water access easement. 6. BMC 38.520.070.D – Location and design of service areas and mechanical equipment. Utility meters, electrical conduit and other service utility apparatus must be located and/or designed to minimize their visibility to the public. Ensure the electrical meters, water and sewer are adequately screened. Prior to final plan approval the applicant must submit additional information as to how these are being screened. This includes the meters adjacent to the fire lanes between the east and west building, as well as the power meter and sprinkler controls. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 4 of 24 ADVISORY COMMENTS 1. BMC 38.560.080 – Comprehensive sign plan. 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. A separate comprehensive sign plan approval is required prior to the installation of any signs on the property. 2. The applicant is advised that due to the known high groundwater and soil conditions within the proposed area of development, an increased rate of corrosion has been observed with ductile iron water mains, thus decreasing the longevity of publicly owned and maintained infrastructure. The applicant must provide corrosion protection for all future water mains within the development and identify how the mains will be protected. Acceptable protection methods include zinc coated ductile iron or v-bio enhanced polyethylene encasement of the main. Corrosion protection can be waived or reduced if the applicant consults the latest American Water Works Association and Ductile Iron Pipe Research Association (DIPRA) for documentation for testing/evaluation procedures and provides an analysis demonstrating that corrosion protection is not needed. 3. BMC 38.570.040.G.2 – Miscellaneous site lighting specifications. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontal plan passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plan is eliminated. This includes providing covers on top of string lights, or café lights, that are shown strung between the two buildings. 4. BMC 38.310.040, Table 38.310.040.A. requires a special use permit for the sales of alcohol for on-premises consumption. In addition, supplemental criteria can be found within BMC 38.360.060 for this use. 5. The property is subject to Covenants that, in some cases, impose building and design requirements that are more stringent than those imposed by the BMC. With the exception of Covenants listed on Exhibit B, which were associated with Conditions of Approval of the Planned Unit Development, the City is not obligated to enforce the Covenants. Accordingly, the City has evaluated this application based on its compliance with current BMC provisions and the city-imposed covenants found on Exhibit B. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 5 of 24 Figure 1: Current Zoning Map Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 6 of 24 Figure 2: Future Land Use Map Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 7 of 24 Figures 3: Proposed Site Plan Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 8 of 24 Figures 4: Proposed Landscape Plan Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 9 of 24 Figure 5: Proposed Elevations – West Building Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 10 of 24 Figures 6: Proposed Elevations – East Building Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 11 of 24 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. Regulatory Review: The proposed project is located within the Sundance Springs Legacy Planned Unit Development (the “Sundance Springs PUD” or the “PUD”) that is located within the Sundance Springs Subdivision. The Sundance Springs Preliminary PUD Findings of Fact and Order are dated January 22, 1996 and the PUD received final approval in 1998. When the Sundance Springs PUD was created, there was a commercial node identified within the development that identified two lots as B-1, Neighborhood Service Property. The Sundance Springs PUD has recorded Declaration of Covenants, Conditions and Restrictions specific to these two commercial lots titled ‘Sundance Springs Section II Neighborhood Services Property’, and hereafter referred to as Sundance Springs CC&Rs (“CC&Rs” or “Covenants”). In these CC&Rs Exhibit B lists nine Articles that the City of Bozeman is a party to and which may not be amended or revoked without the mutual consent of the City of Bozeman and the owners, in accordance with the amendment procedures listed in the Covenants. This proposed site plan development is on ‘Lot 2’ of the two lots. “Lot 1” is to the south of Little Horse Drive with frontage along Goldenstein Lane. This commercial development is being reviewed against the Sundance Springs CC&Rs Exhibit B requirements that were recorded with the original Sundance Springs PUD, the adopted Preliminary PUD Findings of Fact, and the Sundance Springs PUD Findings of Fact, using current adopted development code, pursuant to BMC 38.200.080.B. When the PUD was created, the B-1 zoning designation this lot received was referred to as Neighborhood Services Property, while today B-1 is called Neighborhood Business District. Although the names of the B-1 zoning designation have been slightly altered, the intent of the zoning designations have remained in place. The language of intent of the previous Neighborhood Services Property still exists within the language of intent for the current Neighborhood Business District designation (See Section 1 below). Thus, when the language within the review documents calls out the B-1 Neighborhood Services Property, the project is being reviewed against current adopted standards for the B-1 Neighborhood Business District unless specifically referenced in Sundance Springs CC&R, Exhibit B. A brief comparison of how the code has evolved, or remained the same since the PUD was approved in 1998 to today’s land use code is provided below. This is not an exhaustive code review analysis, however it aims to assist in comparing and contrasting the historical land use code with the current land use code. • Uses o Uses that have remained permitted from the ‘90s to today include, but are not limited to: small scale retail (less than 5,000 gross square feet); small scale restaurants; day care centers; personal convenience services; and apartments located on the second or subsequent floors. o Automobile service station and professional and business offices previously required a conditional use permit and are now a principal, by-right use. o Some new uses that are now included as principal uses within the B-1 zoning designation include, but are not limited to: health and exercise establishments; medical and dental offices, clinics and centers; live- work units; group living; light manufacturing, arts and entertainment center; and community centers. • Form and intensity standards o In the mid-90’s the form and intensity standards included a front yard setback of 25’, a rear setback of 20’ and side setbacks of 8’. Today, as discussed in Section 5 below, there is a 10’ rear setback, 5’ side setback Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 12 of 24 and the front setback is determined by the block frontage standards (discussed in Section 7a below). The applicable front setback given the applicable block frontage for this lot is 10’. • Parking o Current development code offers additional parking reductions for developments to further the multi-modal goals and climate change policies of the City. Although a full comparison was not warranted, it is anticipated this development provides fewer parking spaces today utilizing the current code’s parking reductions than would have been required when the PUD was initially approved. Refer to Section 7d below for the parking analysis. The PUD as initially proposed and approved includes a commercial node in addition to residential development. All conditions of approval for the Sundance Springs PUD have been satisfied, including a requirement to provide the City with a market analysis regarding the viability of the commercial node. This application to develop a portion of the commercial node was anticipated and is allowed pursuant to the approved PUD. 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 Community Commercial Mixed Use Yes Zoning B-1, Neighborhood business district Yes Comments: Community commercial mixed use. The Community Commercial Mixed Use (CCMU) category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Growth policy goals that this application supports include but are not limited to: • Goal N-1: Support well-planned, walkable neighborhoods. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 13 of 24 • Goal N-1.5: Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. • Goal N-1.8: Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths. • N-1.9: Ensure multimodal connections between adjacent developments. • Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. • Goal N-2.1: Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. • Goal N-2.3: Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. • Goal DCD-1.9: Promote mixed-use developments with access to parks, open space, and transit options. • Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. • Goal DCD-2.5: Identify and zone appropriate locations for neighborhood-scale commercial development. • Goal M-1.1: Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. To show that the slight change in the name of the B-1 zoning designation did not change the intent and purpose of the zoning designation, both definitions are provided below. Neighborhood Services Property (B-1) (Previous zoning designation language). To provide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while still maintaining a residential character. Neighborhood business district (B-1) (Current zoning designation language). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day-to-day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods. (emphasis added) This proposed commercial node furthers the goals of the CCMU land use designation and B-1 zoning designation through a commercial node that provides smaller scale neighborhood services and a focal point to adjacent property owners. This node was identified in the mid-90’s through the Sundance Springs Planned Unit Development (PUD) as a future commercial node and includes the subject parcel as well as the parcel to the south, across Little Horse Drive. The Commission again identified these two parcels as a commercial node in October of 2001 when the Bozeman Commission adopted the Bozeman 2020 Community Plan and designated this node as Community Commercial Mixed-Use. In addition to the history of the parcels noted above, this node is located on South 3rd Street which is a collector street. Moreover, the adjacent parcel to the south has frontage along Goldenstein Lane which is designated an arterial. This lot is one part of a larger commercial node that is intended to serve both the adjacent residential neighborhood, as well as vehicular traffic. The improvements to the pedestrian facility Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 14 of 24 along South 3rd Avenue further the ‘pedestrian oriented design’ that is important to the B-1 district. In addition, this area is intended to serve as a center for the surrounding residential neighborhoods. “The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” Section 38.300.110, BMC. The review of this project against the current land use standards, as well as applicable standards found in Exhibit B within the Sundance Springs CC&Rs, ensures the commercial uses are compatible with the adjacent residential uses. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: No condominiums are proposed. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Yes Comments: There are no known violations associated with the site or application. 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: 0 NA Comments: The project is proposed to be completed in one phase. Concurrent construction was requested and approved. All concurrent construction criteria must be met prior to building permit issuance. Refer to Code Requirement 1. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 No Comments: No additional permits are required. This proposed design is for vacant shell spaces for future tenant(s) who are unknown at this time. Should a use be proposed at a future date that requires an additional special use permit, for example, a use that includes the on-premises consumption of alcohol, an additional application will need to be submitted. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Commercial uses allowed within B-1 zoning designation Yes Form and intensity standards 38.320 Zoning: B-1 Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage requirements. Rear 10’ 10’ Side 5’ 8’ Alley NA NA Comments: Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 15 of 24 The proposed design includes shell spaces for future tenants that have not been identified at this point. Future users must comport with the permitted uses within the B-1 zoning district, as adopted at the time of permit application. This includes a special use permit (SUP), if alcohol sales for on-premises consumption should be desired. The applicant and future tenants are advised that pursuant to the Sundance Springs PUD, business operation hours are restricted to 7 a.m. to 9 p.m., as listed in the Sundance Springs CCR, unless otherwise approved by the City of Bozeman. The front property line is Little Horse Drive. The front setbacks are determined by the block frontages. Refer to Section 7a for additional information on block frontages and departure requested. In order to determine the front, rear and side lot lines, BMC 38.700.110 provides clarification in the definitions. The front lot line is defined as “a line separating street frontage of the lot from the street”, thus Little Horse Drive provides the front lot line. The rear lot line is “a lot line which is opposite and most distant from the front lot line (i.e., the northern lot line). The two remaining lot lines are sides or “any lot boundary line that is not a front lot line or a rear lot line” (i.e. the east and west lot lines). It is important to note that this lot is not a true corner lot because there is an open space, HOA owned, parcel that lies between the subject parcel and South 3rd Avenue. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. The footprints of the buildings are 3,609.52 sf (west building) and 3,008 sf (east building) thus meeting this requirement. In addition, when future tenants are known, please be advised that restaurants may not occupy more than 20 percent of the gross floor area of a building or 1,500sf, whichever is less. Lot coverage NA Allowed: 100% Yes Building height West building: 27’ to roof, 30’-8” to parapet East building: 25’ to roof, 28’-8” to parapet Allowed: Roof pitch <3:12, 40’ Roof pitch >3:12, 45’ Minimum floor to ceiling height 15’ 34’ – set by PUD Yes Comments: The proposed design conforms to the form and intensity standards. The buildings are two stories and proposed to be under the maximum height limit in code as well as prescribed by the Sundance Springs CC&Rs. The Sundance Springs PUD Covenants set the maximum building height at thirty four (34) feet. The proposed buildings do not exceed that maximum height limit. Lot coverage up to 100% is allowed. Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no zone specific or overlay standards associated with this proposal, however the PUD Covenants impose additional requirements. The additional PUD Covenants standards are discussed throughout this staff report analysis. General land use standards and requirements 38.350 Yes Comments: The proposed design is consistent with the general land use standards and requirements. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: There are no supplemental criteria associated with this proposal. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: There is no affordable housing component required, nor proposed. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 16 of 24 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 NA Transportation grid adequate to serve site Yes Comments: A Trip Generation Analysis Memorandum was submitted by SET Engineering, dated March 2, 2022. Due to the relatively low number of anticipated trips, the Engineering Division determined a full Traffic Impact Statement was not necessary. The proposed design will require public street light(s) that will be reviewed during the infrastructure review. The required public street light(s) must be included in a Special Improvement Lighting District (SILD). Refer to Code Requirement 2. The streets surrounding this site are currently not developed as to city standard streets with curb, gutter, and sidewalk. Due to the more rural design of the street that does not provide a clear delineation of the edge of the street, and to ensure vehicles are not parking in vegetated areas unintended for vehicles, ‘No parking’ signs will be required along all surrounding streets. Refer to Condition of Approval 3. Sidewalks 38.400.080 Yes Comments: A sidewalk is present along Little Horse Drive, which is the subject parcel’s only street frontage. There is a small sliver of Sundance Springs Open Space situated between the subject parcel and South 3rd Avenue, thus the parcel does not have frontage along South 3rd Avenue. Sundance Springs’ PUD approval originally requested pedestrian conveyance infrastructure along South 3rd Avenue within three years of construction. At the time of PUD approval, this requirement was satisfied by the installation of a gravel fines trail, which remains in place today. In the PUD recorded document, page 30 of 41, 11.2 states ‘the trail running wet to east connecting Gallagator Trail on South 3rd. . . is to be a major trail. Major trails may be up to 8 feet wide and shall be surfaced for all weather travel.” The term ‘all weather trail’ now refers to paved trails that can be plowed in the winter. To comply with current city requirements, the City’s complete streets resolution, the increase in pedestrian traffic that will likely be generated by the commercial project, and in response to public comment, the City requires the trail to be improved to City standard sidewalks. The improved sidewalk must connect to pavement and the sidewalk of Little Horse Drive and continue north, connecting to the sidewalk in Ellis View Subdivision. Refer to Condition of Approval 2. Drive access 38.400.090 Access to site: 1 access Yes Fire lanes, curbs, signage and striping Yes Comments: The proposed design has one vehicular access via Little Horse Drive. Due to the length of the parking lot, the Fire Department reviewed and approved a fire turnaround and loading zone between the east and west buildings. This area must be clearly signed with ‘No Parking, Fire Lane’ signs on both sides per IFC 103.6. Refer to Code Requirement 3. 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 Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 17 of 24 Comments: Street vision triangles were reviewed and found to be adequate. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Neighborhood centers are not applicable. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The street layout and pedestrian crossings were reviewed and approved under the original subdivision. No additional easements or access are required with 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 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 Comments: The development is adjacent to existing open space to the west, north and east of the site, which has a public access trail through the open space. The proposed development is not obstructing access to the trail system. On the contrary, the site is improving access to the public open space with new connections proposed, and improving the multi-modal network with South 3rd Avenue pedestrian improvements. Refer to Condition of Approval 2. To satisfy the City’s water adequacy requirement, a cash-in-lieu of water rights (CILWR) must be paid prior to final site plan approval. Refer to Code Requirement 4. Water and sewer access easements are required with this application. All easements must be provided on city standard easement templates prior to final plan approval. Refer to Code Requirement 5. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm water systems proposed with this project have been reviewed by the Engineering Department and have received approval. 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: A Storm Drainage Plan was prepared by Synergy Engineering and Konsulting, Inc, dated January 10, 2022 and revised July 27, 2022. The Engineering Division reviewed the stormwater report and determined it was adequate. Two retention ponds are proposed and adequately landscaped. Both retention ponds are sized to retain the entirety of the estimated runoff from a 10-year storm event. Any overflow during large storms will exit the retention ponds through a riprap channel into landscaped areas, following historic flow patterns into Middle Creek Ditch to the east. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f NA Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 18 of 24 Comments: Middle Creek Ditch runs generally north to south on the east side of the site within the Sundance Springs common open space. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Parkland dedication is not required for this commercial site plan application. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: There are no public parks adjacent to the proposed development. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Little Horse Drive - Landscape Yes Departure criteria 2 Departures requested Yes Comments: The site has its primary access and front lot line adjacent to Little Horse Drive. The property is bordered to the north, east and west by common open space, owned by the Sundance Springs Subdivision HOA. The front property line facing Little Horse Drive is relatively narrow and a portion is encumbered by the watercourse setback. In addition, the subject parcel’s only vehicular access to the site is from Little Horse Drive due to the open space between the parcel and S 3rd. Due to these existing site constraints, the building is unable to be placed on the street with the parking exclusively to the side and rear. In order to meet the Bozeman Municipal Code, while working with the existing site constraints, the applicant submitted 2 departure requests. Departure requests: 1. A departure is requested for 38.510.020.F.1 Multiple Block Frontages. When a building or buildings is located such that it faces and is adjacent to multiple block frontages, the orientation of the front of the building must be sited and placed on the property in the following order of precedence (a. streets, b. trail/park, c. special residential or internal roadway). Departures may be considered provided the location and front orientation of the buildings are compatible with the character of the area and enhance the character of the street. The applicant states that “Lot dimensions are such that both proposed buildings cannot present primary frontage toward Little Horse Drive. The East Building presents its’ primary frontage to the proposed neighborhood trail extension. . . with alternative frontage towards the proposed parking lot. . . “ Staff finds that the lot dimension and layout precludes the placement of both buildings adjacent or near Little Horse Drive. In addition, the location of the building matches the existing character of the streets that do not have buildings located immediately on the street. In addition, the project meets the intent of the landscape block frontage by presenting a primary façade facing Little Horse Drive that has a storefront entrance, and appropriate glazing. Based on these reasons, staff finds the departure request sufficient for approval. The intent is met by providing the orientation and storefront façade towards Little Horse Drive. 2. A departure is requested for 38.510.030.C Landscape Block Frontage Parking standards. Parking must be placed to the side, rear, below or above uses. For single and multi-building developments, Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 19 of 24 surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage. Applicable departure criteria per BMC 38.510.030.3.d states There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets.” The applicant states “The parking configuration on this lot has been designed to maximize the use of designated open space to the rear of the site and to suit the character of the existing neighborhood. Parking spaces between Little Horse Drive and the front of the building increase the available number of parking spaces while providing a contiguous open space/parkland feel behind the buildings adjacent to the existing open space, trails, and Middle Creek Ditch. The addition of the landscaped berm along the west property boundary shields the parking from South 3rd Avenue. Two-story buildings along this frontage would not match the low-density agricultural/residential feel of the adjacent neighborhoods. The tradeoff for this requested parking departure is open space for recreation and riparian buffer along Middle Creek Ditch creating a better experience for the intended users.” Staff finds that the lot created with the Sundance Springs Subdivision forces the building to be placed back from Little Horse Drive which leaves less lot area to the side and rear for parking. The buildings’ architectural designs provide quality storefront façade throughout the development. In addition the design successfully mitigates the visual impact of the parking through clusters of landscaping that will screen the parking from Little Horse Drive. Based on these reasons, staff finds this departure sufficient for approval. Little Horse Drive – Landscape Block Frontage The proposed design is meeting the landscape block frontage requirements with the approval of the departures discussed above. The building exceeds the minimum 10’ setback, a building entrance is visible and accessible from the street, façade transparency is 54 % (exceed the 25% minimum), the area between the street and building is landscaped and a 5’ sidewalk is existing along Little Horse Drive. 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 Comment: Not applicable as there are no residential lots immediately adjacent to this project, nor is there a residential component to this project. As discussed in Section 1, there is a ‘rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining districts when the standards of this chapter are met and any application conditions of approval have been satisfied” Section 38.300.110, BMC. This proposal has been reviewed against the standards found within Chapter 38 of the Bozeman Municipal Code that have been designed to create harmony within each district and between differing districts. These standards include meeting the building design standards with superior materials, providing safe circulation throughout the site and to adjacent sites for both pedestrians and vehicles, providing adequate on-site open space, landscape screening for mechanical equipment, trash enclosures and parking, and meeting the intent of the block frontage standards to design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment. These standards are not an exhaustive list, but exemplify many of the standards each site is required to meet to ensure the site’s uses and activities are integrated with the organizational scheme of the community and produce the desired outcomes adopted in the City Growth Policy and unified development code. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 20 of 24 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: All buildings have a pedestrian connection to the sidewalk. All internal pathway designs meet the pathway design requirements with 5-foot unobstructed surfaces except where a pathway is adjacent to perpendicular or angled parking, where an extra two feet of walkway must be provided, in which case the pathway is 7 feet wide. The buildings are separated from the pathway with at least 3 feet of shrub plantings. In addition, the proposal is improving the pedestrian experience and accessibility along South 3rd Avenue with an all-weather sidewalk, which will likely increase the number and types of users that the path serves. 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: The vehicular circulation and parking of the proposed site meets the requirements of the section. It minimizes conflicts with pedestrian circulation and activity. The driveway is the minimum width where it crosses the public sidewalk. On-site open space 38.520.060 Yes Total required 1.31 acres x 2% = 1,143.2 sf Yes Total provided 1,439.5 sf Yes Comments: BMC 38.520.060.C. requires commercial sites to provide an area equal to at least two percent of the site area. For this standard, site area includes all land needed for the non-residential portion of the project including parking, service areas, access, and required landscaping. The site area is approximately 57,159 sf, thus requiring 1,143.18sf of open space. The proposed design is providing 1,439.5 sf of open space that meets the requirements within BMC 38.520.060. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Trash enclosure has adequate enclosure and proposed Medora juniper around the enclosure to provide green screening. All utility meters, electrical conduit and other service utility apparatus must be located and/or designed to minimize their visibility to the public. This includes adequately screening the electrical meters, water and sewer meters adjacent to the fire lanes between the east and west building, as well as the power meter, sprinkler controls and existing transformer along Little Horse Drive. Refer to Code Requirement 6. 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 proposed design has been reviewed against the current building design guidelines. There are additional design guidelines described in the PUD Covenants, which states, “the building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall be responsible to ensure conformance with any Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 21 of 24 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 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 68 required pre-reductions Reductions nonresidential 38.540.050.A.2.c 24 reduced Provided off-street 44 provided Provided on-street 0 Bicycle parking 38.540.050.A.4 7 required / 20 provided Yes Comments: The proposed site plan has 44 parking spaces provided. The gross parking demand was for 68 parking spaces, however parking reductions are allowed per BMC 38.540.050-4 which decreases the required parking count to 41 spaces. There are 20 bicycle parking spaces provided which exceeds the minimum requirement of 7. The bicycle parking spaces are in a location and rack style that meets the Bozeman Municipal Code. In order to implement the City’s Growth Policy including multi-modal and walkability goals, current code allows for reductions in parking within the B-1 zoning designation. Neighborhood commercial uses located within the B-1 zoning designation are allowed to reduce the amount of on-site parking as outlined in Section 38.540.050.A.2.c and Table 38.540.050-4, BMC. Because the applicant is utilizing these parking reductions, it is important that the site has multi-modal options available for the futures users, which current development standards require. This includes year-round bicycle and pedestrian facilities. The applicant is widening South 3rd Avenue to provide additional space for bicycles to have adequate distance from vehicles, as well as installing a year-round, all-weather sidewalk along S 3rd Avenue. Due to the parking reductions being implemented, and the walkability goals of the community, the condition of approval to construct all-weather pedestrian facilities along South 3rd is included. Refer to Condition of Approval 2. 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: No loading berths are required for this application. applicable regulations and should check with the City of Bozeman . . . to verify that the most recently adopted edition of any application regulation is being used.” (P 20 of the Declaration of Covenants, Conditions and Restrictions for Sundance Springs, Section II Neighborhood Services Property). The buildings’ design are reviewed against the most recently adopted design standards, pursuant to BMC 38.200.080.B Except for provisions in covenants that are required by the City as a condition of approval, the City does not govern or enforce private design standards such as those found within the property owner Covenants, Conditions and Restrictions; rather, such private restrictions are enforced by the property owner’s association. BMC section 38.100.100, Private Restrictions, states that “Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this chapter, the city has no duty to enforce such private restrictions or advise of their existence.” The application has been reviewed against current BMC standards, as well as any City required Covenants that were imposed as a condition of approval of the PUD. The City does not enforce private design standards beyond the requirements of city code. The buildings provide façade articulation through windows, entries, weather protection features and change in building material and siding style. The main building material proposed is brick, with limestone and black painted steel accents. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 22 of 24 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 project is in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, and parking lot landscaping. Due to utility conflicts along Little Horse Drive, no street trees are proposed. Landscaping of public lands 38.550.070 NA Comments: NA 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. 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 lighting proposed meets the requirements found within BMC 38.560. In addition, the poles proposed do not exceed the maximum height threshold set by the Sundance Springs PUD Covenants of 20’. In addition, the applicant has shown string lights on some of the drawings. Although there is not a specification provided for the string lights, the applicant is advised that often string lights or ‘café’ lights do not meet the full cut off requirement without an additional cover being added to the top of the light to ensure the lights are full cut off and not creating light pollution. See Advisory Comment 3. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no mapped FEMA floodplains or wetlands onsite. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The original public comment period ran from 9/30/2022 to 10/30/2022. In order to ensure adequate opportunity for public to comment and to provide additional time for reviewers and decision makers to gather all necessary information on the nuances of the site and the original planned unit development, the public notice period was extended twice, once to 11/13/2022 and again until 12/13/2022. After receiving information supporting the application from the applicant’s attorney on the last day of public comment, and after consideration of the information and a response from the City Attorney’s Office was provided, the City determined that another public comment period on the information was warranted. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 23 of 24 Additionally, in response to issues raised in public comments, the city requested additional information from the applicant. In order to ensure the public had the opportunity to provide public comment on all newly submitted information, a new public comment period ran from 5/29/023 to 6/13/2023. A summary of the public comment received is below: Support: • Commercial opportunities that are close to residential subdivision Concerns: • Parking – commenters expressed concern that the site is under parked and parking will spill out onto the residential streets. In particular, commenters expressed concern that if a brewery comes to the site it will generate more parking demand than is provided. Review of parking conformance can be found in Section 7d. In addition, as the tenants become known and apply for permits, the project will be reviewed under future applications to ensure there is adequate parking for each tenant, and the buildings as a whole, in compliance with requirements of the BMC in place at the time the application is submitted. Condition of Approval 3 addresses this public concern by requiring installation of “No Parking” signs along all nearby streets. • Architectural Design – commenters expressed concern that the architectural design proposed is not consistent with the covenants, conditions and restrictions stated in the Sundance Springs PUD Covenants, and that the City, being a party to the covenants, should uphold the architectural design standards. Simply being party to the covenants does not require the City to enforce the private CC&Rs in its review of the application. The City is not obligated to enforce covenants beyond those required as conditions of approval at the time the initial PUD was approved. Further, the City prefers to encourage development of the commercial property pursuant to today’s BMC standards, which are reflective of the community’s needs and values today, and not those established over twenty years ago. Therefore, the City declines to exercise authority it may have to enforce any covenants beyond those listed in the Sundance Springs CC&Rs, Exhibit B. • Departures/ Building Placement – commenters expressed concern surrounding the departures and the fact that the buildings are not placed on South 3rd or Little Horse Drive. Refer to Section 7a for additional discussion on block frontages and departures requested. • Lighting – concern that the lighting is in violation of the Sundance Springs CCRs, in particular the height of the poles. Refer to Section 7g for discussion on lighting standards. The poles were originally proposed at 25’ (meeting current standards), however due to public comment the applicant has revised the poles to meet the 20’ height maximum found within the Sundance Springs CC&R. • South 3rd Sidewalks – commenters expressed concern that formal sidewalks are not proposed on S 3rd. Due to the community’s walkability goals, the allowable reduction in parking requirements, and public comment, a condition of approval is included that requires installation of an all-weather city standard sidewalk along South 3rd Avenue. Refer to Condition of Approval 2 and discussion above in Section 6a. • Traffic – commenters expressed concern surrounding the increase of traffic future uses would bring to the existing streets. Refer to Section 6a for discussion around traffic. • Building foundations ‘high’ – commenters expressed concern that the proposed building does not have high foundations to avoid high groundwater. Staff Report Sundance Springs Commercial Lot SP Application 22047 June 28, 2023 Page 24 of 24 The buildings will be required to go through the building permit review process that includes adherence to all applicable building regulations that ensure buildings are constructed to current standards. • 1990’s era zoning (including uses, outdoor patio, setbacks, building size, and parking requirements) should apply to this application. The City has determined that current BMC standards apply to the review of this application, as discussed in this staff report. Offsite improvements – commenters expressed concern surrounding the offsite improvements (i.e., trail and landscaping) that are proposed on the Sundance Springs common open space. The applicant has contended they have the legal ability to construct the offsite trails on open space that is adjacent to their property. The Sundance Springs CC&Rs states, “The Sundance Springs Neighborhood Services Owners Association shall control and maintain the common open space adjacent to the commercial lots and Goldenstein Road and South 3rd Avenue and right-of-way of Little Horse Drive.” These improvements fall within those areas. The City has imposed Condition of Approval 2 to address the concern regarding the adequacy of pedestrian facilities along South 3rd Avenue. The City has determined that the application as submitted, including trails to the north and east are approvable; however, if the applicant does not have the legal ability to construct the trails to the north and east of the site, the City notes those trails are not required for the approval of the site plan under any requirement of the BMC. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: Water and sewer access easements are required with this application. All easements must be provided on city standard easement templates prior to final plan approval. Refer to Code Requirement 5.