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HomeMy WebLinkAbout21469 Staff Report FINAL Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 1 of 14 Application No. 21469 Type Site Plan & SUP Project Name Trinity Church Phase 1 Site Plan and Special Use Permit Summary A site plan (SP) and special use permit (SUP) application for a 9,200 square foot community center northwest of the corner of Ferguson Ave. and Durston Rd. including parking, open space, landscaping, and other associated site improvements. The applicant has also proposed to build a 10-foot wide shared use asphalt path along the north property line to facilitate a safe route to nearby schools for the surrounding neighborhoods. Zoning R-2 Growth Policy Urban Neighborhood Parcel Size 8.82 Acres Overlay District(s) None Street Address 701 N. Ferguson Ave. Legal Description Diamond Estates Sub Ph No 2 Ph 1, S03, T02 S, R05 E, Block 1, Lot 1, Acres 8.818, Plat J-360, City of Bozeman, Gallatin County, Montana Owner Jeff Hamling, 4720 Classical Way, Bozeman, MT 59718 Applicant Same as Owner Representative Think One, 101 E. Main St., Studio A, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 3/27/23 – 4/11/23 3/27/23 3/27/23 3/25/23 & 4/1/23 Advisory Boards Board Date Recommendation Development Review Committee 3/22/23 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: 4/25/23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 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 the construction of a 15,335 square foot convenience store and gas station. 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 ______ day of ________________, 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 Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 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. 2. The east-west trail proposed with the application must be constructed per the easement agreement prior to occupancy. CODE PROVISIONS 1. BMC 38.360.090 – Community center uses with more than 40 parking spaces are required to provide a minimum of two ingress/egress points, which comply with BMC 38.400.090. The applicant is required to provide the second drive access as shown on the phase 2 site plan, or in a location that meets access requirements at the time of phase 2 site plan review prior to phase 2 site plan approval. 2. BMC 38.550.100 – General maintenance. The applicant is required to re-seed any areas outside of the planned landscaped area that are disturbed by construction, and generally keep the area weed free prior to phase 2 construction. 3. BMC 38.550.090 - Landscaping completion. The applicant must demonstrate satisfactory establishment of all seeded areas or guarantee establishment for a minimum two year period following occupancy. This is typically demonstrated with a financial guarantee on file with the City and an improvements agreement prior to occupancy. 4. BMC 38.570.040.G – Site lighting specifications. The applicant is responsible for maintaining lighting at the building, site, and parking lot within acceptable illuminance levels and glare is not permitted to disturb residential uses near the site. The right to the proposed use and occupancy permit is contingent upon the fulfillment of this condition. Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 4 of 14 Figure 1: Current Zoning Map Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 5 of 14 Figure 2: Site Plan Phase 1 Figure 3: Site Plan Phase 1 & 2 Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 6 of 14 Figure 4: Landscaping Plan Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 7 of 14 Figure 5: Perspective Views Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 8 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-2, Residential Medium Density District Yes Comments: The project conforms to the requirements of the R-2 zoning district with special use permit approval of the community center use. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-2 zoning district. The proposed project conforms to this designation by providing a complementary use to serve nearby neighborhoods and a community gathering space. 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 and infrastructure plans. 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: The application conforms to the site plan criteria and submittal requirements. The building and site is proposed to be built in one phase. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes Comments: Community Centers are special uses in the R-2 zoning district. The applicant has submitted a joint site plan and SUP application for review of the required criteria. See the SUP criteria at the end of this report. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Community Center Yes w/ SUP Form and intensity standards 38.320 Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 9 of 14 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front 15 – Block Frontage 20 Rear 20 20 Side 5 5 Alley NA NA Comments: Phase 1 of this project fronts onto Ferguson Ave. with a landscaped block frontage designation. A 20-foot utility easement is present along Ferguson Ave, and the building is located about 100-feet from the property line. The rear and side setbacks of 20-feet and 5-feet are met. The applicant requested a block frontage departure from building entrance requirements, see section 7a below. Lot coverage 2.4% phase 1 Allowed 40% Yes Building height 33’ 10” Allowed 40-feet Yes Comments: Lot coverage and building height form and intensity standards for R-2 zoning are met with the proposed design. 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. No other general land use standards are triggered. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Community Center Yes Comments: BMC 38.360.090 – has supplemental use criteria for community centers. Applicable criteria: 1. Within residential districts, there must be public street access onto an arterial or collector standard street within 600 feet of the entrance to a community center site. The application provides an access onto Ferguson Ave, which is a collector street. Durston, the adjacent street to the south, is a minor arterial. 2. Community centers located within residential districts must, when any individual structure exceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height, provide a 20 foot landscaped setback between the building and adjacent residential uses. A structure separated from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or similar separation is exempt from the additional setback width requirement. The structure exceeds 5,000 gross square feet and is about 200-feet from adjacent residential uses. In that space is also parking and usable open space. 3. Each community center site with more than 40 parking spaces must provide a minimum of two ingress/egress points, which comply with section 38.400.090. Code provision 3 requires the second access with phase 2. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No housing is proposed. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 10 of 14 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. A 60-foot access easement for future Diamond Street was provided per recorded document #2778584. A trip generation report was provided by the applicant and reviewed by engineering staff for compliance with adopted standards. Sidewalks 38.400.080 Yes Comments: Two sidewalks exist along Ferguson and Durston, and two connections are proposed to the building from Ferguson. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: The plan proposes a single drive access from Ferguson Avenue with phase 1. Phase 2, when proposed will be required to provide a secondary access, currently drawn from Durston Rd. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: No public transportation facilities are proposed with this application. A 10-foot wide asphalt pathway along the north property line is proposed, with a 25-foot public access easement. This trail will include a bridge over the adjacent watercourse, and will connect users between Flanders Mill Rd. to Ferguson Ave. with associated crosswalks. 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 Yes 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: Requirements were reviewed by engineering. CIL of water rights was paid on 3/9/23. 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. A sewer and water pipeline and access easement and agreement was provided by the applicant and is recorded under document #2797947. 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 Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 11 of 14 Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. Four detention areas are proposed on the site. Grading and drainage was reviewed by engineering. The proposed basins conform to landscaping requirements with native grass, boulders, shrubs, and trees. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: NA, no residential uses proposed. 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 Front facing building entrance Yes Comments: Ferguson Avenue is a landscaped block frontage. The project is meeting the landscaped standards including the building placement, façade transparency, parking location, and sidewalk width requirements. A front facing building entrance is not provided and the applicant requested a departure from this standard. Staff supports this departure due to the residential zoning and because Ferguson Avenue is a high traffic collector street. The applicant will provide a sidewalk connection to the front entrance, which will face north towards the parking lot. The applicant has also designed a phase 2 plan, which currently proposes a primary pedestrian entrance facing Ferguson. The applicant is also proposing an east-west trail that will benefit the adjacent community. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian paths into and through the site meet the standards in this section for location, connections, and widths. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: NA Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 12 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 NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 53 spaces Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 53 spaces Provided on-street 0 Bicycle parking 38.540.050.A.4 6 Comments: Parking is proposed to be provided as a combined calculation for the 277 occupant church area and the 1,882 square foot office area. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. Bike parking will be provided adjacent to the primary entry. 3 staple racks are proposed to be utilized totaling 6 spaces. 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 On-site open space 38.520.060 Total required 2,453 SF Yes Total provided 7,276 SF Yes Comments: Usable open space is provided on the lawn immediately adjacent to the building entrance, as well as in and around the sports courts at the north end of the site, and along the sidewalk connections in between. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Mechanical equipment for the building will be housed on the southwest corner roof and will be screened by a black metal screen wall. Solid waste will be collected via one enclosure on the north side of the lot. The enclosure meets the screening standards in this section and adequate adjacent landscaping is provided. Gas and electric meters will be located on the west side of the building and are proposed to be screened by an architectural screen wall and landscaping. 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 building is meeting the building design standards of this section. Entries, building materials, and windows serve to break up the elevations. The east elevation, the short axis of the building, facing Ferguson Ave. proposes two types of masonry veneer, pre-cast masonry cornices and black metal siding. The long axis of the building faces north and south. The north elevation shows the primary entrance with a custom steel truss entryway design and masonry columns. The south elevation will eventually be obscured by phase 2, and continues the masonry, aluminum windows and metal canopies seen elsewhere. Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 13 of 14 Additional screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plan conforms to standards. 8 street trees are proposed along Durston Rd., and 10 trees along Ferguson Ave. The applicant is also proposing to plant over 20 trees along the east-west trail across their property and the property to the west. Landscaping will also be provided around the building foundation, within the parking area, and lining the stormwater detention ponds. Three different seed mixes will be used and are required to be guaranteed by the applicant until established for two years. The applicant is responsible for reseeding any disturbed areas in the phase 2 area until phase 2 is constructed and landscaped. Landscaping of public lands 38.550.070 Yes Comments: See above. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: A monument sign was proposed with this application but no sign area calculation was proided. The applicant is required to obtain a sign permit prior to installation. 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 wall sconces, and parking lot LED lighting has been proposed. The proposed lighting meets the cutoff and shielding requirements of this section. The photometric plans shows no lighting exceeding 0.3 footcandles at any property line, both adjacent residential properties and at the public right of way. The primary building entrance meets the required 5.0 footcandles for non- residential entries. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was provided. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No subdivision exemptions were required with this application. Utility and access easements are required and have been provided. 11. Review Criteria for Special Use Permits (Section 38.230.120) Meets Code Staff Report Trinity Church Phase 1 SP & SUP Application No. 21469 April 21, 2023 Page 14 of 14 The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site for the proposed use has the adequate size and topography to accommodate the uses as proposed. The setbacks, walkways and landscaping are adequate to relate the use with the land and uses in the vicinity. Adequate parking and bike parking is proposed. There are no proposed walls and fences or loading areas for this subject property. The applicant has added appropriate plant materials for parking lot screening. Light intensity is within acceptable parameters for adjacent residential uses and the proposed building is located central to the 8.82 acre lot with a proposed expansion towards the south. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. The proposed use is to be sited along a busy residential collector street and meets the intent of the zoning and future land use designation. The applicant has proposed to provide an east-west trail and extensive landscaping along public rights of way to benefit the community and provide a safe route to nearby schools. Code provision 4 requires the applicant to maintain lighting at the building and parking lot within acceptable illuminance levels. Glare is not permitted to disturb residential uses near to the site. No objections to the recommendations of staff were received during the public notice period. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: Conditions related to the special use permit must be recorded with the Gallatin County Clerk and Recorder’s Office accordingly to provide protect the City of Bozeman at large. City staff reviewed the proposed development for setbacks, screening, utilities, traffic, parking, access, stormwater, lighting, and site design. Staff found that the application is adequate for approval with conditions of approval and code provisions to ensure the protection of public health, safety and general welfare.