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HomeMy WebLinkAbout23245 Staff Report Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 1 of 21 Application No. 23245 Type Site Plan Project Name 811 W Mendenhall Apartments Summary A site plan for the construction of a mixed-use building comprising of 95 apartment dwelling units and 960 square feet of shared co-workspace on approximately 0.72 acres located in the northwest corner of the intersection of W Mendenhall Street and N 8th Avenue. The proposed building will include 68 off-street parking spaces in a basement parking garage, 9 on-street parking spaces, and 3 car share parking spaces. Vehicle access to the site will be provided from W Mendenhall Street via an existing alley along the western property line. The applicant has indicated the project will allocate 5% of the development for affordable housing allowing for the use of shallow incentives under BMC 38.380 Affordable Housing. Three departures are requested to the street vision triangle at the corner of N 8th Avenue and W Mendenhall Street; the light and air setback adjacent to a city right-of-way along the existing alley; and the minimum rear setback adjacent to the existing alley. Additionally, this application includes site improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, and pedestrian pathways. Zoning B-2M & R-5 Growth Policy Community Commercial Mixed Use & Urban Neighborhood Parcel Size 0.72 Acres (31,377 sf) Overlay District(s) None Location 811 W Mendenhall Street, Bozeman, MT 59715; North of W Mendenhall Street, South of W Lamme Street, East of N 9th Avenue, and West of N 8th Avenue Legal Description Lots 4 -12, in Block 7 of Springbrook Addition to Bozeman Subdivision, Section 12, Township 2 South, Range 5 East, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana Owner Mendelarel LLC, c/o Tim Reilley, 540 Madison Ave, FL 26th, New York, NY 10022 Applicant SMA Architecture and Design, 428 E Mendenhall St, Bozeman, MT 59715 Representative SMA Architecture and Design, 428 E Mendenhall St, Bozeman, MT 59715 Staff Planner Bailey Minnich Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 4/4/2024 – 4/25/2024 5/8/2024 – 5/30/2024 4/4/2024 5/4/2024 4/4/2024 5/8/2024 N/A Advisory Boards Board Date Recommendation Development Review Committee 3/29/2024 Adequate for further review with applicable conditions and code provisions Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 6/27/2024 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital record located in the City’s Laserfiche Web Depository for Application 23245 Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 2 of 21 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 mixed-use building comprising of 95 apartment dwelling units and 960 square feet of shared co-workspace on approximately 0.72 acres located in the northwest corner of the intersection of W Mendenhall Street and N 8th Avenue. The proposed building will include 68 off-street parking spaces in a basement parking garage, 9 on-street parking spaces, and 3 car share parking spaces. Vehicle access to the site will be provided from W Mendenhall Street via an existing alley along the western property line. The applicant has indicated the project will allocate 5% of the development for affordable housing allowing for the use of shallow incentives under BMC 38.380 Affordable Housing. Three departures are requested to the street vision triangle at the corner of N 8th Avenue and W Mendenhall Street; the light and air setback adjacent to a city right-of- way along the existing alley; and the minimum rear setback adjacent to the existing alley. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, and pedestrian pathways. The site is zoned B-2M, community business district-mixed and R-5, residential mixed use high density district and the proposed uses are consistent with the allowable uses in the B-2M and R-5 zoning districts. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 27th day of June 2024, Erin George, Interim Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEE Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 3 of 21 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CODE PROVISIONS 1. BMC 38.240.310.A.6. Aggregation. The building is located over existing lot lines. Based on this condition, the building would not meet the existing side setbacks along this lot line. A subdivision exemption to aggregate the underlying lots must be reviewed, approved, and recorded prior to final site plan approval. 2. BMC. 38.380.040.E. Affordable housing plan required. A. The applicant and owner, if different, must record and provide to the City of Bozeman a Notice of Restrictions for the Affordable Housing Plan and a Declaration of Restrictive Covenants that implements the affordable housing plan prior to final site plan approval. 3. BMC. 38.380.070. Affordable housing administration. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan prior to final site plan approval. 4. BMC 38.410.130. Water Rights: The final determination of cash-in-lieu of water rights (CILWR) for this site is $69,612. The applicant must provide CILWR fee payment and the receipt to the Review Engineer to demonstrate compliance with water adequacy provisions prior to final site plan approval. 5. BMC 38.420.030. Cash donation in-lieu of land dedication. The finalized cash donation in-lieu of land dedication (CILP) has been determined as $26,549.82 and must be paid prior to final site plan approval. 6. BMC 38.540.050.A.1.b.4. Transit availability. The applicant proposes a reduction in required parking based on a developed and serviced transit stop. A transit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider. The applicant will install the required shelter during construction, with Streamline assuming future ownership and maintenance responsibilities. The bus shelter must be in place prior to final occupancy of the proposed building. 7. BMC 38.540.050. A.1.b.3. Car-sharing agreement. The applicant proposes a reduction in required parking based on three car-sharing spaces. The proposed car share is subject to Administrative Policy No. 2017-01. The final executed agreements and materials related to the car share program must be approved and in place prior to final site plan approval. The site plan must be approved prior to building permit issuance. The car sharing provisions outlined in the car share management plan must in place prior to final occupancy of the building. 8. BMC 38.540.060.B.3. Joint use of parking facilities. The applicant proposes a reduction in required parking based on a joint use parking agreement. The parking agreement must be filed with the city clerk and recorded with the county clerk and recorder. Please submit a hard copy of this agreement for final review and execution by the City of Bozeman and recordation with the Gallatin County Clerk and Recorder’s Office. This must be recorded prior to final site plan approval. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 4 of 21 Figure 1: Current Zoning Map Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 5 of 21 Figure 2: Growth Policy Designation Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 6 of 21 Figure 3: Site Plan Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 7 of 21 Figure 4: Landscaping Plan Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 8 of 21 Figures 5-6: East and South Elevations Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 9 of 21 Figures 7-8: North and West Elevations Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 10 of 21 Figure 9: Building Material Palette Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 11 of 21 Figure 10: Photometric Plan Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 12 of 21 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 Community Commercial Mixed Use and Urban Neighborhood Yes Zoning B-2M, Community Business District-Mixed and R-5, Residential Mixed Use High Density District Yes Comments: The 2020 Community Plan encourages the City to look inward by prioritizing infill. It is supported by the following goals: - Goal N-1: Support well-planned, walkable neighborhoods. This project is within walking distance of the commercial downtown and amenities. - Goal N-3.3: Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. This project is providing 5% of the residential units as affordable housing within walking distance to the downtown commercial corridor. - Goal DCD-1: Support urban development within the City. This project is a redevelopment of multiple infill lots providing higher density residential units within close proximity to commercial uses. - Goal DCD-1.9: Promote mixed-use developments with access to parks, open space, and transit options. This project is a mixed-use development and will establish a new bus shelter at an existing bus stop near the site along W Mendenhall Street. - Goal DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. This project is a mixed-use development with higher density housing adjacent to an existing public transportation route along W Mendenhall Street. The applicant will work with the Engineering Department and Streamline bus service to install a new bus shelter at the existing bus stop. Growth Policy – Community Commercial Mixed Use: The Community Commercial Mixed Use 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. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 13 of 21 Growth Policy – Urban Neighborhood: This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood- serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. The uses as denoted within the site plan submittal are allowed within the B-2M and R-5 zoning districts. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. The use supports the Growth Policy as the project proposes a mixed-use building with apartments and commercial space. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership N/A Comments: There is no proposed condominium ownership association for this site plan. The proposed uses of the site are consistent with the allowed uses of the B-2M and R-5 districts. No specific conflicts were identified. Additional steps will be required including but not limited to the approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A Yes Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The site plan is not proposed to be a phased project, and the applicant will not be seeking phased occupancy for the development and plans to develop the entire project in one phase. Any additional development such as an expansion may require an amendment to this approved site pan or a new site plan applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments/apartment building Office commercial space Yes Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 14 of 21 Form and intensity standards 38.320 Zoning: B-2M Setbacks Structures Parking / Loading Yes Front Block Frontage – front property line/back of sidewalk Block Frontage – 6 feet minimum landscaping buffer between street and parking Rear 10 feet 5 feet Side 5 feet 5 feet Alley 5 feet N/A Zoning: R-5 Front 15 feet N/A Rear 20 feet N/A Side 5 feet N/A Alley N/A N/A Comments: Apartments and apartment buildings are permitted uses within the B-2M and R-5 zoning districts. Offices and commercial space are permitted uses within the B-2M zoning district portion of the subject property. The proposed structure complies with all B-2M and R-5 zoning district setbacks and block frontage standards for building placement, with one requested departure for a portion of the rear setback. The block frontage designation is Mixed along W Mendenhall and the project will comply with the Storefront standards, placing the building directly along the back of sidewalk. The block frontage designation is Mixed and Landscaped along N 8th Avenue and the project will comply with the Storefront standards for a portion of the building, then shift the building slightly to comply with the Landscaped designation and the required 15 feet setback in the R-5 zoning district. The structure complies with the minimum 5 feet side setback and the project requests a departure to the 20 feet rear setback within the R-5 zoning district. Under BMC 38.320.070 departures for housing creation, a departure may be requested to reduce the minimum setback requirements by 10%. For the rear setback, this is a reduction down to 18 feet along the rear alley within the R-5 zoning district. Lot coverage 89.63% Allowed 100% (B-2M) & N/A (R-5) Yes Building height 71’– 82’ 4 ½” Allowed 5-stories or 60 feet (B-2M) and 50’ (R-5) Yes, with shallow affordable housing incentives Comments: Lot coverage and building height form and intensity standards are met with the proposed design and affordable housing incentives. In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested a total of three shallow incentives further described under the Affordable Housing Plan in the next section of this staff report. Two of the requested incentives pertain to specific form and intensity standards as outlined below, while the final incentive is discussed in Section 7d - Parking: 1) Sec. 38.380.030.C.3.b. One additional story of height (maximum 15 feet per story) beyond that allowed in the R-5 zoning district. 2) Sec. 38.380.030.C.3.c. Two additional stories of heights (maximum 15 feet per story) beyond that allowed in the B-2M zoning district. In conjunction with the site plan approval, an affordable housing plan has been submitted and approved by the Economic Development Department. Two code provisions denoted above (#3 & #4) must be met prior to final site plan approval for the execution of this affordable housing plan. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 15 of 21 Applicable zone specific or overlay standards 38.330-40 N/A Comments: The project is not within an overlay district and does not have any zone-specific standards. General land use standards and requirements 38.350 Yes Comments: No additional setback or height encroachments are proposed outside of the affordable housing incentives and departure requested. Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no additional supplemental use criteria requirements applicable to this proposed project. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 Yes Affordable housing plan Yes Comments: In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested three shallow incentives as follows with a minimum of 5% (5 units) of the project’s multi-household dwellings will be available for rent at 80% average median income (AMI) for 30 years. 1) Sec. 38.380.030.C.3.b. One additional story of height (maximum 15 feet per story) beyond that allowed in the R-5 zoning district. 2) Sec. 38.380.030.C.3.c. Two additional stories (maximum 15 feet per story) beyond that allowed in the B-2M zoning district. 3) Sec. 38.380.030.C.3.d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. In conjunction with the site plan approval, an affordable housing plan has been submitted and approved by the Economic Development Department. Two code provisions denoted above (#3 & #4) must be met prior to final site plan approval for the execution of this affordable housing plan. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: The transportation network surrounding the subject property has already been developed. W Mendenhall Street extends along the property to the south, N 8th Avenue along the property to the east, and an existing alley along the property to the west. Expanded pedestrian sidewalks of 12-feet are proposed along W Mendenhall Street and a portion of N 8th Avenue in compliance with the block frontage designation for Storefront, providing east-west pedestrian connectivity to the development. Along N 8th Avenue, the pedestrian sidewalk will transition to 5-feet in compliance with the block frontage designation for Landscaped, providing north-south pedestrian connectivity to the development. Access easements, transportation grid adequacy and level of service standards were reviewed and found to conform to applicable standards by the Engineering Department. Sidewalks 38.400.080 Yes Comments: There are proposed 12 feet sidewalks along W Mendenhall Street and a portion of N 8th Avenue. The sidewalk along N 8th Avenue will transition down to 5-feet wide sidewalk approximately 64-feet from the corner of the W Mendenhall Street intersection and connect into the existing sidewalk extending to W Lamme Street to the north. Drive access 38.400.090 Access to site Yes Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 16 of 21 Fire lanes, curbs, signage, and striping Yes Comments: Vehicular access is provided from the existing alley along the rear of the subject property. The alley is approximately 20-feet wide at its intersection with W Mendenhall Street and narrows down to 16-feet wide approximately 81-feet from the intersection. Entrance to the lower-level parking area will be provided from the existing alley near the northern property line. Fire lanes, curbing, striping, signage, and gutters have been reviewed and approved by the Fire Department and Engineering Department. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 Yes Comments: W Mendenhall Street is classified as a Minor Arterial and N 8th Avenue is classified as a Local Street. The required street vision triangle for corner lots on arterials streets is a 50-feet triangular area with no fence, wall or planting in excess of 30-inches permitted. A departure request was submitted to allow for an encroachment of the building within the street vision triangle located on the corner of N 8th Avenue and W Mendenhall Street per BMC 38.400.100.E. W Mendenhall Street is a west bound one-way street and the request included documentation indicating the proposed departure would not jeopardize the public health, safety, and welfare. The departure request has been reviewed and approved by the Engineering Department. Sidewalks are proposed along W Mendenhall and N 8th Avenue compliant with the applicable block frontage designation. Public transportation is provided along W Mendenhall Street through the Streamline bus service. There is an existing bus stop to the west of the subject property, at the intersection of W Mendenhall and N 9th Avenue along the purple-line. The applicant will work with the Engineering Department and Streamline to install a new bus shelter at the existing bus stop. The new shelter will be purchased and installed by the applicant prior to final occupancy of the building, and Streamline will take ownership and responsibility for future maintenance. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots. Public streets and sidewalks surround the subject property providing adequate pedestrian connectivity. 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 N/A 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: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Applicable code provisions related to the above-mentioned easement requirements are included in this staff report. Applicable cash in lieu of water rights were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the approval of this SP per code provision #4. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 17 of 21 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: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance and landscaping for said facilities have been reviewed and conform to the City’s standards. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourse setbacks and an associated planting plan are not applicable to this proposed development. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu N/A Comments: A total of 0.15 acres of parkland dedication and 0.08 acres of equivalent cash donation in lieu of parklands (CILP) are required for this project. CILP is proposed to meet all parkland requirements for dwelling units more than 8 dwelling units per acre to a maximum of 12 dwelling units per acre. As 95 dwelling units are proposed over 0.62 net acres for this development, a net density of 153 units per acre is proposed. With 0.23 acres owed for CILP, at an appraisal land value of $2.65 per square feet, the applicant owes $26,549.82 to provide the necessary cash donation for their proportionate share of parklands contribution. Per code provision #5, this must be paid prior to final site plan approval. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a residential development, and does trigger parkland dedication, which was reviewed for applicability during the platting process associated with the overall Annie Subdivision. Please see the above comments regarding CILP applicable to this development. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – W Mendenhall Mixed & Landscaped – N 8th Avenue Yes Departure criteria No departures requested N/A Comments: W Mendenhall Street and a portion of N 8th Avenue are designated as Mixed block frontage, granting the option to comply with either the ‘Storefront’ or ‘Landscaped’ block frontage provisions. The proposed SP complies with the requirements for the ‘Storefront’ block frontage provisions along the W Mendenhall Street frontage. Along N 8th Avenue, ‘Storefront’ was chosen for approximately 64-feet of street frontage with the remaining street frontage compliant with the ‘Landscaped’ designation. The ground floor uses are permitted in accordance with the BMC for apartments and apartment buildings. Along the ‘Storefront’ block frontage portion of the site, the building placement is at the sidewalk edge. Under the ‘Landscaped’ block frontage, the proposed building meets the 10’ front setback minimum of the block frontage designation with 15’ front setback. A building entrance for this building is orientated towards W Mendenhall at the property corner with N 8th Avenue and is visible as well as accessibility via a proposed sidewalk along both W Mendenhall and N 8th Avenue. The façade transparency meets the 60% ‘Storefront’ requirement for the entire southern elevation along W Mendenhall Street and the ‘Storefront’ portion along N 8th Avenue on the eastern elevation. The façade transparency meets the 15% ‘Landscaped’ requirement for residential uses along the remaining portion of N 8th Avenue on the eastern elevation. Weather protection of at least 5-feet in average depth is met over 60% of the façade facing W Mendenhall and N 8th Avenue compliant with the ‘Storefront’ provision. Weather protection at least 3-feet in depth is provided over the Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 18 of 21 residential entrances along N 8th Avenue compliant with the ‘Landscaped’ provision. No parking is proposed between the street and building. Landscaping is provided between the building and the street along N 8th Avenue compliant with the ‘Landscaped’ block frontage requirements, and applicable sidewalk widths are met for both the ‘Storefront’ and ‘Landscaped’ designations. The special residential block frontage standards for sidewalks and internal pathways per Sec. 38.510.030.J. has been met for the residential units facing the sidewalk along N 8th Avenue. Raised decks approximately 12-feet in depth with low fences will be provided for the residential units closer to the intersection of N 8th Avenue and W Mendenhall Street. The residential units on the northern end of the site have the ground floor a minimum of 3-feet above the adjacent grade and will comply with the requirements through a combination of landscaped area approximately 8-ft in depth and a raised deck with low fences. 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: The proposed development requests a departure to the light and air setback of 15-feet required for dwelling units whose only solar access is from the rear property line. One dwelling unit on the first floor of the proposed development would have the only solar access (windows) facing the rear alley. While the B-2M zoning permits a rear setback off the alley of 5-feet, the project proposes a 10-feet setback to provide some light and air access for the dwelling unit. Multiple pedestrian sidewalks are proposed to the building providing direct pedestrian access to the surrounding sidewalks along W Mendenhall Street and N 8th Avenue. 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 N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems have been met. The internal roadway design is not applicable as there are no proposed internal roadways. Pedestrian pathways are provided connecting all the residences and parking areas. On-site open space 38.520.060 Total required 10,850 sf Yes Total provided 12,285 sf Yes Comments: Open space is provided in conformance with the BMC through private ground floor porches along N 8th Avenue, private balconies for residential units on Level 1 along the alley, private balconies for residential units on Level 5, a common open space deck on the roof, and interior spaces on the ground floor through a fitness recreation area and resident lounge. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The proposed building includes roof mounted mechanical equipment which will be fully screened from public view. Electrical utility meters are proposed along the rear alley and are exempt from screening requirements per BMC 38.520.070.B.3. Solid waste will be collected in an interior trash room located in the lower-level parking garage. Comment from the Solid Waste Department indicates it will be the responsibility of the apartment complex to move refuse containers outside for collection. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 19 of 21 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes, with shallow affordable housing incentives Parking requirements residential 38.540.050.A.1 and 38.540.050.A.6 31 per R-5 zoning 64 per B-2M zoning Reductions residential 38.540.050.A.1.b 10% for transit availability; 3 car-sharing spaces equivalent to 15 standard spaces. Parking requirements nonresidential 38.540.050.A.6 1 Reductions nonresidential 38.540.050.A.6.c 80% with joint parking agreement Provided off-street 83 Provided on-street 9 Bicycle parking 38.540.050.A.4 and 38.540.050.A.6 68 provided, 68 required Yes Comments: In conformance with Sec. 38.380.030.C, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested a total of three shallow incentives as described earlier in this staff report under review of the Affordable Housing Plan. The first two incentives were outlined under Section 5 – Zoning Provisions while the third incentive specifically pertains to parking standards: 1) Sec. 38.380.030.C.3.d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. With the shallow incentive, 95 parking spaces are required for the proposed dwelling units prior to any permitted reductions. The site is located within 800 feet of a developed and serviced transit stop, allowing for a 10% reduction in parking spaces allocated to the portion of the site zoned R-5. Additionally, the project proposes 3 dedicated car- sharing spaces which are counted as the equivalent to 15 standard parking spaces. The applicant submitted a joint use parking agreement 80% of the required non-residential parking spaces which must be recorded prior to final site plan approval. All the permitted parking reductions utilized by the applicant reduce the required amount of parking to 92 parking spaces, with 83 of those spaces provided on-site. The applicant provided 9 total parallel parking spaces along 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 meets the massing and articulation standards of this section. The apartment building will utilize windows, building articulation, and changes in materials and colors to meet the massing and articulation standards. The building is approximately 217-feet in length and provides vertical modulation in compliance with BMC 38.350.040.E along N 8th Avenue and the rear alley as it is adjacent to a lower intensity zoning district. The proposed building meets the building material standards by using a variety of cement panels, brick masonry veneers, vertical metal siding, horizontal wood siding and some stone block in different colors and patterns throughout the building façade. The cement board paneling/siding will not be utilized on the ground floor or adjacent to a sidewalk and is balanced with façade details to add visual interest from the ground level and adjacent buildings. Blank walls along the north and west elevations will be mitigated with the installation of vertical wall-mounted trellis spaced along the brink masonry. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 20 of 21 N 8th Avenue and W Mendenhall and 12 compact parking spaces within the lower-level parking garage. Bicycle parking spaces are provided internally to the building. The R-5 zoning requires bike parking equivalent to 10% of the required vehicle parking while the B-2M zoning requires 1 bike parking space per dwelling unit. The total amount of required bicycle parking for the proposed structure is 68 spaces. The applicant proposes 38 spaces within the lower-level parking garage, 14 spaces on the ground level, and 4 spaces on each additional floor level to comply with the required 68 spaces. The proposed parking to serve this site is in conformance with the standards of Sec. 38.540. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: The proposed development has no proposed off-street loading berths. 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 N/A Additional screening N/A Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas N/A Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along applicable roadways. Trees are proposed along the northern property line for screening the adjacent residential area. Landscaping of public lands 38.550.070 N/A Comments: Landscaping of any proposed parklands are not applicable to this application. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes basic lighting of building entrances. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. Staff Report 811 W Mendenhall Site Plan Application No. 23245 June 27, 2024 Page 21 of 21 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted according to the dates on the first page of this report. Two public comments were received during the first public notice period and no additional comments have been received as of the writing of this staff report. Staff responses to the public comment topics are provided below: • Insufficient parking for residents of the building: As mentioned in Section 7d of this staff report, the proposed project is utilizing a shallow incentive to reduce the required number of parking spaces. This incentive, combined with additional reductions allowed for the availability of adjacent transit, car-sharing, and joint use of parking spaces reduces the total parking required for the number of dwelling units. The proposed development complies with the parking requirements of BMC 38.540. • Size of living quarters: There is no minimum number of bedrooms required for dwelling units under city code. The applicant is providing 68 studio and one-bedroom apartments and 26 two-bedroom units, and 1 three- bedroom unit. The International Residential Code (IRC) during building permit review would regulate the size of any living space. The proposed structure will be required to obtain the necessary building permits prior to construction. The mix of dwelling units complies with the requirements for affordable housing incentives. • Proposed Building Height: As mentioned in Section 5 of this staff report, the applicant is requesting a total of three shallow incentives in conjunction with an approved affordable housing plan for the increase in permitted building height. The shallow incentives permit one additional story of height (maximum 15 feet per story) beyond that allowed in the R-5 zoning district and two additional stories (maximum 15 feet per story) beyond that allowed in the B-2M zoning district. The affordable housing plan was reviewed and approved by the Economic Development Department in compliance with BMC 38.380. • Access from reduced alley and potential blocking an adjacent private garage: The existing alley is within a recorded alley width of 20-feet. As discussed in Section 6a of this staff report, the applicant proposes to pave the existing alley matching the existing width of 20-feet at the intersection with W Mendenhall Street, then reducing the paved width down to 16-feet for the remainder of the alley to the intersection with W Lamme Street. The applicant submitted a construction management plan documenting the alley access to the adjacent private garage will not be blocked during construction, although access will only be provided from W Lamme Street until project completion. The applicant’s contractor is currently working through construction logistics with the Engineering Department. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A lot aggregation is required for this application and a separate application for a subdivision exemption to make this adjustment is required. The proposed building is proposed to be located over a 9 existing lot lines. Based on this existing condition, the proposed structure does not meet the existing side setbacks along the interior lot lines. A subdivision exemption to aggregate the internal lot lines must be reviewed and approved prior to final approval of the Site Plan per code provision #1. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division.