HomeMy WebLinkAbout22391 Staff Report Ph 1 Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 1 of 16
Application No. 22391 Type Site Plan
Project Name Gran Cielo Block 14 Phase 1 Site Plan
Summary Apartment development for lot 1 in Block 14 of Gran Cielo Subdivision Phase 2. Phase 1 is a
29-unit apartment building with associated open space, parking, landscaping and site
improvements within the Gran Cielo Block 14 Master Site Plan, application #22389.
Zoning R-5 Growth Policy Urban Neighborhood Parcel Size 94,894 square feet or 2.17
acres
Overlay District(s) None
Street Address TBD, SE of the corner of Apex Drive and S. 29th Avenue.
Legal Description Gran Cielo Sub Phase 2, S23, T02 S, R05 E, Block 14, Lot 1, City of Bozeman, Gallatin County,
Montana
Owner Bozeman Haus LLC, 15267 SE Rivershore Drive, Vancouver, WA 98683
Applicant Same as Owner
Representative Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718
Staff Planner Danielle Garber Engineer Simon Lindley
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
11/06/2023 to 11/30/2023
11/06/2023 11/06/2023 N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
11/01/2023 The application is adequate, conforms to
standards, and is sufficient for approval with
conditions and code provisions
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: 4/5/24
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Digital application access: https://weblink.bozeman.net/WebLink/Browse.aspx?id=276279&dbid=0&repo=BOZEMAN
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 2 of 16
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 Master Site Plan (MSP) to permit an apartment development
in Lot 1 Block 14 of Gran Cielo Subdivision Phase 2 and associated site improvements. 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 ________________, 2024, 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
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 3 of 16
CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
CODE PROVISIONS
1. DSSP II. B. Storm Drainage Plan. Prior to occupancy of any phase of the Gran Cielo Block 14 master site plan, the
HOA ponds must be rehabilitated to the capacity stated in the applicant's storm water design report. The
rehabilitation must be to the satisfaction of the City of Bozeman Storm Water Department.
2. BMC 38.270.030.C-D – Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section
are met. Provide concurrent construction approval prior to building permit approval.
3. BMC 38.270.030. Pedestrian Corridors. The mid-block crossing sidewalks and landscaping were financially
guaranteed by the Phase 2 subdivision. These pedestrian corridors are considered public infrastructure in-lieu of
streets and must be completed and/or financially guaranteed with the concurrent construction application prior to
occupancy of Phase 1.
4. BMC 38.520.070. Mechanical equipment screening. Prior to final plan approval, update the elevation drawings and
material palette sheet to include the rooftop mechanical equipment screen wall materials.
5. BMC 38.410.130. Water Adequacy: The applicant must provide cash-in-lieu of water rights (CILWR) fee payment
confirmation prior to final plan approval.
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
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Figure 1: Current Zoning Map
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Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
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Figure 2: Phasing Plan
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April 5, 2024
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Figure 3: Site Plan
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Figure 4: Landscaping Plan Phase 1, Lot 1
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April 5, 2024
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Figure 5: Landscaping Plan Phase 1, Lot 3
(Includes western triangular open space and pedestrian corridor)
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Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
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Figure 6: Elevation 29-Plex (Two Buildings)
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Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
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Figure 7: 3D Views 29-Plex
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Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
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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-5, Residential Mixed-Use High Density District Yes
Comments: The project conforms to the requirements of the R-5 zoning district. The 2020 Community Plan
designation of Urban Neighborhood correlates with the R-5 zoning district. The proposed project conforms to
this designation by providing urban density homes within city limits in proximity to existing and developing
parks, commercial nodes, and schools.
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
following approval of each subsequent site plan.
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: Figure 2 of this report shows the proposed phasing for the master site plan (application
22389). This application consists of 1 phase under the master site plan. Per code provision 3, the
applicant must construct the walkways and landscaping in two 30-foot mid-block pedestrian paths that
run north-south and east-west through the site, or financially guarantee portions according to proposed
phasing prior to occupancy. The applicant has proposed to construct the east-west sidewalk and
landscaping, and the north end of the north-south walkway with phase 1. Per code provision 5 CILWR
must be paid prior to final site plan approval for this phase. With phase 1, public infrastructure including
water and sewer mains, hardscape, and perimeter sidewalks are proposed to be constructed.
Special use Permit 38.230.120 NA
Comments: No special uses are proposed.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 12 of 16
Permitted uses 38.310 Apartment Buildings Yes
Form and intensity standards 38.320
Zoning: R-5 Setbacks
(feet)
Structures Parking / Loading Yes
Front Block Frontage / 15 NA
Rear 20 NA
Side 5 NA
Alley NA NA
Comments: Multi-household buildings are subject to block frontage standards. All street frontages are
designated landscaped frontages with a minimum 10-foot setback. R-5 zoning requires a 15-foot setback
with an allowable 5-foot encroachment for porches and patios. The building in this phase is proposed
over 15-feet from the front property line with no encroachments. Rear and side setbacks are not
applicable with shared access drives and parking across the 4 lots. No buildings are proposed within 5-
feet of the north-south and east-west public access easements used for block length mitigation.
Lot
coverage
13% Allowed No maximum Yes
Building
height
55-feet 8-inches Allowed 60-Feet Yes
Comments: Building heights for the 29-unit building is 55’ 8” from grade, with varying roof pitches including
7:12 at the maximum ridge.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: NA, the proposed project is not subject to zone specific or overlay district standards.
General land use standards and requirements 38.350 Yes
Comments: No setback encroachments are proposed.
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA NA
Comments: NA, the proposed projects is not subject to any supplemental use criteria.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: No wireless facilities are proposed. No affordable housing incentives are requested.
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
Level of Service
38.400.060
Yes Transportation grid adequate to serve site Yes
Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic
impact study was required by the Engineering Division however, a peak-hour trip generation letter was
provided by the Applicant to ensure that the proposed project would not exceed the original assumed trip
estimates reviewed with the subdivision. Email correspondence in the project file demonstrates that the
trip generation from the proposed project will not exceed the anticipated impact identified in the original
subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by
engineering. A supplemental report was also provided to engineering detailing traffic impacts to the S.
27th Avenue and Stucky Road intersection and concluding that no additional turn lane was necessary.
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 13 of 16
Sidewalks 38.400.080 Yes
Comments: Sidewalks are to be provided along the primary street frontages. The midblock crossing
sidewalks and landscaping must be completed with phase 1 or be financially guaranteed as indicated in
the phasing discussion above.
Drive access 38.400.090 Access to site: 2 Yes
Fire lanes, curbs, signage and striping Yes
Comments: Two drive accesses are proposed, one from Apex Drive and one from S. 29th Avenue;
engineering evaluated both drive accesses for spacing and design standards. Both drive accesses are
proposed to be constructed with this phase.
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 new pedestrian easements are proposed with this project. The access easements
proposed to mitigate block length are required to be constructed with Phase 1 or be financially
guaranteed.
6b. Conformance with Article 4 – Community Design Provisions: Community
Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comments: This project does not trigger neighborhood center requirements.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation Yes
Comments: See discussion in 6a above.
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 is required prior to final plan
approval. Easements have been provided for utilities.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have
been reviewed by engineering.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. Runoff rates
and storage capacity of the detention pond at the northwest corner of Lot 1 was evaluated by engineering
and found to meet standards and design specifications. This facility is required to be landscaped by the
subdivider. Code provision 1 in the master site plan staff report (application #22389) requires that prior to
occupancy of any phase of the Gran Cielo Block 14 master site plan, the HOA ponds must be rehabilitated to
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 14 of 16
the capacity stated in the applicant's stormwater design report. The rehabilitation must be to the satisfaction
of the City of Bozeman Storm Water Department.
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 Yes
Cash donation in lieu (CIL) 38.420.030 NA
Improvements in-lieu NA
Comments: No additional parkland is required with this development. The four lots have existing parkland
credits from the Gran Cielo Subdivision.
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comments: No parks are proposed with this application. Public parks exist directly to the south and east
that can be accessed via sidewalks including Gran Cielo Park, Meadow Creek Park, and Enterprise Park.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Landscaped & Special Residential Yes
Departure criteria None requested NA
Comments: This proposed project is meeting the landscaped block frontage standards for it’s street frontage
including building placement, building entrances, façade transparency, weather protection, and parking
location. The 29-unit building proposed in this phase is designed to front on S. 29th Avenue. Since Apex
Drive and S. 29th Avenue are both designated landscaped frontages, the applicant has chosen to prioritize
the S. 29th frontage because a separate parcel for subdivision stormwater detention separates the building
from the Apex Drive frontage. The building is placed 15-feet from the property line, meeting the 10-foot
setback requirement. The applicant is providing a 10-foot landscaped setback between ground level living
spaces and interior walkways meeting the front setback option in 38.510.030.J.2.
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: Interior sidewalks are proposed along the perimeters and through parking areas that will
allow for direct access to an open space area and trash enclosures. Interior sidewalks will also connect to
the larger street network at the north and west ends of the site.
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
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 15 of 16
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 47 spaces
Reductions residential 38.540.050.A.1.b 14 on-street
Parking requirements nonresidential
38.540.050.A.2
NA
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 61 spaces
Provided on-street 14 on-street available
Bicycle parking 38.540.050.A.4 4 req., 10 provided
Comments: A parking calculation for the development is provided on the coversheet. Parking is proposed
within a shared surface parking lot. Each stall provided off-street meets the stall, aisle, and driveway
design requirements of Section 38.540.020. On-street parking provides a residential reduction of 14
spaces. Bike parking will be provided at racks adjacent to the proposed building with inverted U racks.
Bicycle parking areas meet the length and width dimensions for each stall and utilize the sidewalk to
meet circulation requirements.
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
Internal roadway design 38.520.050.D NA
Comments: NA
On-site open space 38.520.060
Total required 2,990 square feet Yes
Total provided 4,215 square feet Yes
Comments: The application exceeds minimum open space requirements. Shared open space located in
Lot 3 totals 4,215 square feet and contains a dog park. Additional open space not included in the
provided total is also designed at each building entrance, as patios and balconies, and interior to the
buildings as gym and lounge space. Small plazas located at the building entrance is proposed with
covered bike parking, fire pits, and seating and planter boxes for separation from parking and circulation
areas. Balconies and patios also serve as private open space accessible form each unit.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Heat pumps are proposed in the wall on each unit’s patio. For this reason the patios and
balconies are not counted towards the required open space calculation. Mechanical equipment is also
proposed on the roof of each building. Code provision 4 requires the applicant to identify materials used
to screen rooftop equipment prior to final plan approval of each phase. Meters are to be screened by
landscaping, primarily juniper plantings. Solid waste will be collected via shared dumpsters within a
covered solid waste enclosure that meets the requirements of this section.
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 apartment building is meeting the building design standards of this section including
articulation, materials, and details. Changes in roofline, materials, and windows/patios are used for
articulation. Primary building materials include 24 Ga. Corrugated metal, horizontal James Hardie lap and
board and batten siding, Topcoat durable exterior cladding in a natural wood finish, and asphalt roofing.
Staff Report
Gran Cielo Block 14 Phase 1 SP
Application No. 22391
April 5, 2024
Page 16 of 16
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 NA
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The provided landscaping plan conforms to standards.
Landscaping of public lands 38.550.070 Yes
Comments: Street trees will be provided along the four street frontages and within each pedestrian
easement to mitigate block length. A
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA
Proposed SF/building NA NA
Comments: NA
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: Site lighting is proposed at building entrances and patios, underneath covered parking roofs,
and along pedestrian paths and walkways. All lighting conforms to cutoff and intensity standards.
Footcandles do not exceed maximums at the property lines for residential and public street adjacency.
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 received.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions Yes
Required easements Yes
Comments: No lot lines are proposed to be relocated. Adequate original easements have been provided
to engineering for utility infrastructure.