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HomeMy WebLinkAbout23182 Staff Report Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 1 of 22 Application No. 23182 Type Site Plan Project Name 605 East Bryant Summary This is a site plan for the development of a two-unit industrial building with commercial warehouse shops on the ground floor and accessory apartments on the upper floor as permitted in the M-1 zoning district. An existing non-conforming residence is located on the property. This proposal is located on Lot 7 of the Industrial Properties Subdivision. This site plan application also includes driveway improvements, parking, pedestrian pathways, open space, stormwater infrastructure, landscaping, irrigation, and lighting. Zoning M-1 Growth Policy Industrial Parcel Size 0.53 acres (23,212 sf) Overlay District(s) None Street Addresses 605 East Bryant Street, Bozeman, MT 59715 Legal Description Lot 7 of the Industrial Properties Subdivision, S06, T02 S, R06 E of Plat J-42, Northeast Annexation, P.M.M. City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Daniel Michael and Simia Ranieri, 204 Snowline Road, Bozeman, MT 59715 Applicant Nick Franz, Plum Design Lab, 875 Bridger Drive, Unit F, Bozeman, MT 59715 Representative Nick Franz, Plum Design Lab, 875 Bridger Drive, Unit F, Bozeman, MT 59715 Staff Planner Nakeisha Lyon Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 12/06/2023 - 12/28/2023 12/06/2023 12/04/2023 N/A Advisory Boards Board Date Recommendation Development Review Committee 07/26/2023 Inadequate for Further Review Development Review Committee 10/04/2023 Inadequate for Further Review Development Review Committee 11/30/2023 Adequate for Further Review Recommendation Sufficient for approval with code provisions Decision Authority Director of Community Development or their designees Date: 12/29/2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 2 of 22 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 of Bozeman a Site Plan (SP) for the development of a two-unit industrial building with commercial warehouse shops on the ground floor and accessory apartments on the upper floor as permitted in the M-1 zoning district. An existing non-conforming residence is located on the property. This proposal is located on Lot 7 of the Industrial Properties Subdivision. This site plan application also includes driveway improvements, parking, pedestrian pathways, open space, stormwater infrastructure, landscaping, irrigation, and lighting. The purposes of the Site Plan review is 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 29th day of December, 2023, Anna Bentley, Director of Community Development, or her designees, approved with conditions and code provisions 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 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 DESIGNEES Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 3 of 22 CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. Sec. 38.100.080 – Compliance with regulations required. 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. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Community Development: Staff acknowledges two submitted departures for pathway design and building material usage, a. Staff finds the design and justification as presented by the applicant meets the departure criteria. The departure has been included within this report below for review and approval by the Community Development Director and/or her designees. Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 4 of 22 Figure 1: Zoning Map Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 5 of 22 Figure 2: Future Land Use Map Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 6 of 22 Figure 3: Proposed Site Plan Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 7 of 22 Figure 4: Proposed Landscaping Plan Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 8 of 22 Figure 5: Proposed Watercourse Setback and Planting Plan Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 9 of 22 Figures 6 - 7: Landscape Plant Legends Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 10 of 22 Figures 8 - 9: West and South Elevations Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 11 of 22 Figures 10 - 11: North and East Elevations Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 12 of 22 Figures 12 - 14: Building Perspectives Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 13 of 22 Figure 15: Building Material and Palette Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 14 of 22 Figure 16: Photometric Plan Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 15 of 22 ANALYSIS AND FINDINGS Analysis and resulting recommendations are 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 Industrial Yes Zoning M-1 (Light Manufacturing District) Yes Comments: Per BMC 38.300.120.A, the intent of this zoning district to provide for the community's needs for wholesale trade, storage, and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. The proposed uses as denoted within the SP submittal are allowed within the zoning district. A lawful nonconforming residential use exists on the northern portion of the subject property and may remain as such per Sec. 38.230.010. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. 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) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. No specific conflicts identified. Additional steps will be required including but not limited to the fulfillment of the denoted conditions of approval, code provisions, and subsequent 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: 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. 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 N/A Comments: The application meets all the site plan submittal material requirements. Applicable code provisions applicable to this SP are denoted above and must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.160. Any additional use permit (Special Use Permit) 38.230.120 N/A Comments: N/A Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 16 of 22 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Existing: Lawful nonconforming residential use Proposed: Warehousing, office, apartment (accessory) Yes Form and intensity standards 38.320 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage: 10 feet (Other) Block Frontage: 10 feet (Other) Rear 3 feet N/A Side 3 feet N/A Alley N/A N/A Comments: A lawful nonconforming residential use exists on the northern portion of the subject property and may remain as such per Sec. 38.230.010. Warehousing and office are permitted uses within the M-1 zoning district. Apartments are an accessory use within the M-1 zoning district in which accessory is defined by Footnote 6 of Table 38.310.040.C. as meaning less than 50 percent of the gross floor area of the building and not located on the ground floor. The gross floor area calculations denoting in the plan set and are in conformance with this standard. The proposed setbacks meets all M-1 zoning district standards with a 10’ front setback off East Bryant Street determined by the applicable block frontage, which is designated as Other. The minimum 3’ side and rear setbacks are also met. There is no property boundary adjacent to an alley. A 60’ floodplain easement runs along the eastern property boundary of the parcel. The applicant has proposed a 24’ shared access easement along the western property boundary to facilitate access from East Bryant Street between this property and the adjacent parcel to the west. There is an existing 15’ utility easement interior to the subject property along the western portion of the existing lawful nonconforming residential use and structure. There is an existing 10’ utility easement running along the northern and southern property boundaries. There is an existing 20’ utility easement running along the eastern property boundary. Lot coverage 17% Allowed 100% Yes Building height 35’ 1” building height Allowed 50 feet Yes Comments: The peak of the roof ridge has a roof pitch of 10”/12” and is approximately 35’ 1” in height. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 Yes Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 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 Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 17 of 22 Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Per BMC 38.220.060.A, The Engineering Department has the authority to waive a traffic impact study (TIS) which was requested by the applicant in this SP submittal. As the proposed unit counts are within the counts for the given phase identified in the subdivision TIS previous reviewed, a waiver from this requirement has been deemed appropriate by the Engineering Department. Sidewalks 38.400.080 Yes Comments: A proposed city standard sidewalk will be located along East Bryant Street along the adjacent property boundary. An internal pathway leading to the existing and proposed buildings allows for pedestrian connectivity to the ground floor warehousing and office space, upper-level residential units, and the 2-bedroom single household dwelling to the north from the public sidewalk system. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is located off East Bryant Street. 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 Yes Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. 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, as this proposed development does not meet the provisions related to Sec. 38.410.020. 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 and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the overall Industrial Properties Subdivision. 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 cash in lieu of water rights was determined formally by the Engineering Department and have been paid to the City of Bozeman. 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 Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 18 of 22 Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: This proposed development is adjacent to Bozeman Creek which runs along the eastern property boundary. Per BMC 38.410.100. of watercourse setbacks are applicable to development adjacent to a watercourse to mitigate impacts. Per BMC 38.410.100.A.1.a. certain setbacks apply to lots granted preliminary plan or plat approval prior to July 10, 2002. This provision states that these developments previously granted prior to this date are only required to abide by a 35' watercourse setback from Bozeman Creek. The existing lawful nonconforming residential use and structure meets this requirement. BMC 38.410.100.2.c. is applicable to developments granted preliminary plan or plat approval on or after July 10, 2002. A 75’ watercourse setback is applicable to Bozeman Creek under this section. As the subject property is under review for further development, this section denotes that in the event a site with existing development is submitted to the city for a review pursuant to Division 38.230 after July 10, 2002, the proposed development must comply with the applicable setback to the extent reasonably feasible given the existing site conditions. This subsection denotes that the final approval body for the proposed development must determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief must not reduce setbacks below those provided for in subsection 1 of this section. The applicant requested a determination on November 4, 2023, as part of their 3rd resubmittal, regarding “the extent that is reasonably feasible” for the applicable watercourse setback. Their request for “the extent reasonably feasible” sought to honor the 35'-0" watercourse setback as denoted in BMC 38.410.100.A.1 based on the existing site conditions, plat date, and floodplain easement as denoted below: 1) Plat Date: The lot was platted on December 21, 1977, with existing development, and is therefore eligible to meet this 35’-0” watercourse setback as denoted in BMC 38.410.100.A.1.a considering the setbacks based on current surveys by Allied Engineering and illustrated on their drawings and documents. 2) Floodplain Easement: The plat calls for a 60'-0” floodplain easement from the eastern lot boundaries, which have been designed around. This easement prohibits any construction from occurring within this area. Because of the limited scale of the site, this 60'-0” easement is the maximum extent feasible for building on the lot. The applicant denotes that utilizing the 60'-0" floodplain easement platted for the lot achieve the intention of the division by addressing the changing nature of watercourse areas in Bozeman over time and avoids encroaching upon them to the best of their ability while balancing development interest and opportunity. Furthermore, this 60’-0” floodplain easement already includes the extents of the 35’-0” watercourse setback required by 38.410.100.A.1, and as such addresses the minimum requirements. 3) Development Considerations: The applicant has attempted to locate the building as far to the west of the lot as possible, including the use of a shared drive access to minimize any impact. Additionally, the applicant has greatly limited all development on the eastern portions of the lot, with special attention paid to the treatment of stormwater runoff and native planting, etc. Any attempt to meet the modern setback of 75'-0” would greatly restrict any building on the site whatsoever, much less anything which will provide access to the existing residence while adding value to the neighborhood. Staff sent the determination request to Anna Bentley, the Community Development Director serving as the final approval body, on November 20, 2023. On November 27, 2023, Anna Bentley reviewed the applicant’s request letter, the code, and the plan sheets and determined that it is appropriate to use the 35’ watercourse setback in this specific case/instance. A watercourse setback planting plan has been submitted per BMC 38.410.100.2.f and is consistent with the applicable provisions as denoted in this section of the BMC. Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 19 of 22 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Exempt N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: This project proposed two additional dwellings as accessory apartments on the 2nd floor of the new building. An existing dwelling unit as a single household dwelling exists on the subject property. The proposed dwelling units qualify under Sec. 38.420.020.B.6. for an exemption from parkland dedication or equivalent cash donation in-lieu of land dedication. The Industrial Properties Subdivision received final plat approval on December 21, 1977, prior to the October 1, 2005, threshold for which parkland does not apply. 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 has been reviewed by the Parks and Recreation Department in accordance with this section of the BMC. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Other – East Bryant Street Yes Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the “Other” block frontage for East Bryant Street. Ground floor uses are permitted. Building placement meets the minimum 10 feet front setback along East Bryant Street. Façade transparency standards are met. Weather protection of a minimum of 3 feet has been provided for the primary building entrance. Landscaping and applicable buffering has been provided between the building and East Bryant Street. Sidewalk widths along with the City’s minimum standards of 5 feet in width. 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 N/A 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, with departure Comments: This proposed development conforms to requirements of Sec. 38.520. All design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, have been met with the inclusion of a departure regarding pathway design as denoted below: Standard: BMC 38.520.040.D.3. Pathway design. Pathways must be separated from structures by at least three feet of landscaping except where the adjacent building façade meets the Storefront block frontage standards per section 38.510.030.B. Departure: BMC 38.520.040.D.3. Departures are permitted for other landscaping and/or façade design treatments to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the intent. Applicant’s Response: Due to limited space available on this site, this standard is not achievable in all areas. The applicant is requesting a departure for the pathway adjacent the existing residence due to utilization of landscaping, including a trellis for climbing native plants along the largest face of the southern wall of the existing residence. Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 20 of 22 Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. Please see Figure 17 for more details. Figure 17: Southern Elevation of Existing Residence 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 N/A Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design are not applicable to this subject property. On-site open space 38.520.060 Yes Total required 200 sf Yes Total provided 723 sf Yes Comments: Sec. 38.520.060 denotes that multi-household portions of mixed-use development must provide minimum usable open space equal to 100 square feet per dwelling unit for dwellings with one or more bedrooms. The proposed development has 2 proposed dwelling units, and therefore, the subject property requires 200 sf of usable on-site open space. The applicant has proposed in excess of this requirement through shared open space. Each unit also has private balconies that meet the requirements of this section but are not included in the minimum open space calculations. The subject property is zoned M-1 which is an industrial zoning district and therefore, exempt from on-site open space requirements for the non-residential use. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements of the location and design of service areas, and mechanical equipment have been reviewed for conformance and satisfied within this SP application. 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, with departure Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and are satisfied within this SP application with the inclusion of a departure for Sec. 38.530.060.C.4. as denoted below: Standard: BMC 38.530.060.C.4. Cementitious wall board paneling/siding may be used provided it meets the following provisions: a. Cement board paneling/siding may not be used on the ground floor of non-residential or mixed-use buildings where adjacent to a sidewalk or other pedestrian path. Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 21 of 22 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 4 Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 2 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 6 Provided on-street 0 Bicycle parking 38.540.050.A.4 2 required, 5 provided Comments: The parking requirements for residential development on the subject property are met in conformance with this section of the BMC. Two parking spaces are provided for the existing lawful nonconforming residential use. Each of the proposed dwelling units has 1 bedroom and requires 1 parking space each. Therefore, 4 parking spaces in total have been provided for the residential uses on site. The proposed parking meets minimum requirements for the non-residential uses of warehouse with accessory office or retail sales facilities. The non-residential use requires 1 parking space per 1,000 sf with an accessory office space requiring 1 space per 350 sf. Therefore, 2 parking spaces are required for the non-residential use, one parking space for each warehousing unit on the ground floor. A total of 6 parking spaces with the inclusion of 1 ADA space has been provided off-street. For the non-residential parking space requirements, the applicant has utilized the traditional factor of 0.85. 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: There are no proposed loading berths for within this SP application. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes b. Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings. Departure: BMC 38.530.060.C.4.b. Departures will be considered provided the material's integration and overall façade composition meets the intent of the standards. Applicant’s Response: The applicant is requesting a departure regarding the allowed materials on building elevations as the cementitious lap siding used has greater resistance to water damage and a lesser degree of maintenance, with a similar aesthetic appearance to painted wood lap siding. As such, the applicant denotes that it meets the intent of the standards and is integrated appropriately along the building, reflecting the existing residential usage of the lot and helping to coordinate the commercial and industrial nature of the area with the residential aspects of the residence and accessory apartments. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the proposal consistent with the criteria. Staff Report 605 East Bryant Site Plan Application 23182 December 29, 2023 Page 22 of 22 Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and are satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 250 sf per lot Yes Proposed SF/building N/A Yes Comments: A maximum 250 square feet per lot is allowed in the M-1 district. The drawings do illustrate identification signage (i.e. “Shop A” and “Shop B”) which is exempt from permitting. The applicant is aware that the placement, size, and details regarding conformance with BMC 38.560 of signage will be reviewed and approved as part of a separate signage and building permit for commercial signage associated with each tenant space. A comprehensive signage plan will be required as two or more tenants existing on the lot and must be submitted for coordination of signage on the lot in conformance with Sec. 38.560.080. 7g. Conformance with Article 5 – Lighting (38.570) 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: Lighting has been proposed within this application and is in conformance with Sec. 38.570. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 Yes Wetland regulations 38.610 Yes Comments: The subject property is bisected by the regulated Floodway and 100-year Floodplain of Bozeman Creek, as such the development must comply with the City’s floodplain regulations. The applicant has installed and will maintain flood hazard area staking throughout the duration of the project construction up until final occupancy approval. The city may perform a site visit to inspect this area. The applicant is aware that failure to meet this requirement may result in a stop work order. A 60’ floodplain easement is along the eastern boundary of the property. A floodplain permit was not required as no development is proposed within the floodplain. As wetlands are denoted on the City’s Community Development Map Viewer running along the eastern boundary of the property adjacent to Bozeman Creek, the applicant was required to provide a wetlands delineation report for review by the City’s wetlands consultant. This report found that there are no wetlands present on the subject property and no direct impacts to Bozeman Creek. The Gallatin Conservation District has confirmed that a 310 permit is not necessary for this project, provided that the development does not touch the streambed. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred on December 6, 2023 to December 28, 2023 following adequacy of this SP application. The property posting occurred on December 6, 2023, and mailing to adjacent owners occurred on December 4, 2023. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division.