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HomeMy WebLinkAbout24051 Staff Report Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 1 of 25 Application No. 24051 Type Site Plan Project Name 8 Aspen SP Summary Site plan application to build an apartment building northeast of the corner of West Aspen Street and North 8th Avenue on seven parcels located behind the U-Haul property. The application proposes to build two commercial spaces, and 289 one-bedroom apartments in a 7-story building zoned B-2M. Two stories are proposed with structured parking. This is an affordable housing project with a portion of the apartments to be offered for rent at 60% AMI. Affordable Housing incentives are requested under BMC 38.380.030 for increased building height. A departure for housing creation under BMC 38.320.070 was requested to reduce open space requirements by 20%, requiring 23,120 square feet with 26,712 square feet proposed to be provided. On-site improvements include site improvements, alley improvements, utility mains, and stormwater facilities. Off-site improvements include the construction of North 8th to Juniper Street, and the construction of West Aspen Street from 7th Avenue to 8th Avenue. The applicant is requesting a departure to open space requirements discussed in Section 38.320.070 for a reduction of the required open space to allow for housing creation. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 1.447 Acres Overlay District(s) None Street Address 802 – 910 N. 8th Avenue Legal Description The South 35’ of Lot 12 and All of Lots 13-18 in Block 2, Durston’s Second Subdivision, Located in the SE 1/4 of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. Owner Midtown 8th, LLC, Attn: Mathieu Tebele, 767 Fifth Avenue 37th Floor, New York, NY 10153 Applicant Same as applicant Representative Intrinsik Architecture, 106 E. Babcock St Suite 1A, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 7/9/2024-7/30/2024 7/9/2024 7/9/2024 N/A Advisory Boards Board Date Recommendation Development Review Committee 6/14/2024 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 Due 8/13/2024 Full application may be found at the City’s online document repository for Application 24051 and may be viewed digitally at The City of Bozeman Department of Community Development, 20 E. Olive Street Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 2 of 25 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 construct 289 1-bedroom apartment units, 2 commercial spaces, and associated access, parking, open space, and infrastructure 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, 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 Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 3 of 25 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections may be identified during staff review and will be included with the final report provided to the Director of Community Development. 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 38.320.050. A subdivision exemption application approval and recorded amended plat is required to aggregate the 7 lots and establish any necessary additional easements or rights-of-way prior to final plan approval. 2. BMC 38.420.030. Provide cash-in-lieu of parkland (CILP) approval from the Parks Department, and payment prior to final site plan approval. 3. BMC 38.380.040.E. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing prior to final site plan approval. 4. BMC 38.380.060. 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. 5. BMC 38.410.130. Water Adequacy: The development's estimated annual municipal water demand is 26.41 acre- feet. The annual demand must be offset prior to site plan approval. To offset the demand by paying cash-in-lieu of water rights a fee of $158,485 must be made prior to final site plan approval. The City encourages and supports water conservation through a rebate program for high efficiency fixtures. The rebate value is approximately 20% of the fee for the residential units, released at occupancy, if high-efficiency fixtures (toilets, washers, and shower heads) are installed due to reduced water use. A rebate agreement template outlining the terms of the rebate offer has been provided to the applicant team. If the owner is interested in pursuing the rebate, please complete the track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email. The agreement must be finalized prior to final site plan approval. 6. BMC 38.270.030.C. The applicant proposes concurrent construction of the building and the infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D, BMC prior to the issuance of a building permit for the proposed development or per 38.270.C complete construction of all off-site infrastructure first. 7. BMC 38.230.100. Section A.6.2.a review criteria include the “design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area;” Areas Include: Aspen Street, BMX Bike Park, Local Businesses and Restaurants, Farmers Market, Near Downtown, etc. The applicant must install a rectangular rapid- flashing beacon pedestrian crossing at the intersection of North 7th and Aspen Street prior to occupancy. The crossing must be approved by the Montana Department of Transportation (MDT) through their Systems Impact Action Process. If the MDT does not approve the pedestrian crossing, the applicant must provide documentation from the MDT as to why the crossing cannot be installed at North 7th and Aspen. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 4 of 25 8. BMC 38.220.080.A.2.i.(4) – The applicant must provide and file with the County Clerk and Recorder’s office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on a City standard form for lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for the following: a. Street improvements to N. 7th Avenue b. Street improvements to N. 8th Avenue c. Street improvements to Durston Road d. Street improvements to Oak Street e. Intersection improvements to Oak and 7th Avenue f. Intersection improvements to W Juniper Street and 7th Avenue g. Intersection improvements to W Aspen Street and 7th Avenue h. Intersection improvements to Durston and 8th Avenue The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plan approval. ADVISORY COMMENTS 1. The applicant is advised that the property located to the west of N. 8th Avenue and south of the subject property is privately owned and not available for construction staging, parking, or any other activities that trespass upon the adjacent private property unless a private agreement is worked out directly with the adjacent property owner. The applicant is required to adhere to any approved construction management plans during the course of the building and infrastructure construction processes and must mitigate any negative impacts on the adjacent property owners including dust, drainage, and maintenance of any existing fencing if damaged. Please also be advised that no parking or trespass on these properties by tenants is permitted. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 5 of 25 Figure 1: Current Zoning Map Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 6 of 25 Figure 2: Future Land Use Map Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 7 of 25 Figure 3a: Proposed Site Plan Open Space Floor 1 Figure 3b: Proposed Site Plan Open Space Floors 2 & 3 Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 8 of 25 Figure 3c: Proposed Site Plan Open Space Floors 4, 5, 6, & 7 Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 9 of 25 Figure 4: Civil Site & Utility Plan Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 10 of 25 Figure 5a: Landscaping Plan Figure 5b: Planting Plan Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 11 of 25 Figure 6: Building Elevations Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 12 of 25 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 Yes Zoning B-2M, Community Business District Mixed Yes Comments: The project conforms to the requirements of the B-2M zoning district. B-2M is an implementing district of the 2020 Community Plan designation of 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” (Bozeman MT 2020 Community Plan pg. 54).  Goal N-1.1 – Promote housing diversity, including missing middle housing.  Goal N-3.3 – Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets.  Goal N-3.9 – Ensure an adequate supply of appropriately designated land to accommodate Low Income Housing Tax Credit development in qualifying census tracts.  Goal DCD-1.5 – Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives.  Goal DCD-1.9 – Promote mixed-use developments with access to parks, open space, and transit options.  Goal DCD-2.2 – Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.  Goal DCD-2.7 – Encourage the location of higher density housing and public transit routes in proximity to one another.  Goal EPO-3.2 – Ensure complete streets and identify long-term resources for the maintenance of year round bike and multi-use paths to improve utilization and reduce annual per capita vehicle miles traveled.  Goal M-1.1 – Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another.  Goal EE-1.4 – Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. This proposed project meets the goals of the growth policy by allowing infill development on a vacant lot which would provide residential units at density in close proximity to the existing mid-town commercial corridor, providing commercial storefront space, as well as residential open space in the form of a covered outdoor plaza. The proposed project will provide high density mixed uses within close proximity Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 13 of 25 to transit stops, and will also provide an extension of Aspen Street and North 8th Ave, facilitating alternative routes for pedestrians and cyclists and a more complete street grid. Additionally, the existing zoning of B-2M was adopted in conformance with the Growth Policy, a proposed use and structure which complies with the zoning would also comply with the Growth Policy. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership N/A Comments: No condominium ownership is proposed. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how the required standards of each article have been met. Concurrent Construction has been requested by the applicant to allow simultaneous construction of the proposed building and required supporting infrastructure. The required infrastructure improvements include adjacent improvements that are subject to BMC 38.270.030.C. The requirements of this section including City and DEQ infrastructure review, approval from the City Fire Marshall, execution of an Irrevocable Offer of Dedication, and an acceptable concurrent construction plan, must be met prior to a building permit being issued for the development as required by Code Provision 6. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed or required for the proposal. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 14 of 25 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments, Apartment Buildings Yes Form and intensity standards 38.320 Zoning: B-2M Table 38.320.050 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage Block Frontage Rear 10 5 Side 5 5 Alley 5 NA Comments: Apartments and apartment buildings are primary uses within the B-2M district. The proposed project is meeting setback requirements for the B-2M district. The applicant proposes a storefront block frontage designation along Aspen, continuing the storefront designation that already exists to the east, as well as a landscaped block frontage along N. 8th Avenue. Two 20-foot wide platted alleys border the subject parcels on the east and north of the project. Parking spaces line the alleys (and are allowed within the rear setback (Section 38.540.010.A.6.) Block frontage standards also apply and dictate front setback building placement, building entrances, parking location, and landscaping. See section 7a for further analysis. Lot coverage 53.9% Allowed: 100% Yes Building height 80.5 feet/7 stories Allowed:  50 feet- residential only  five stories or 60 feet- mixed use  Two additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B- 2M, and B-3 zoning districts with shallow incentives for affordable housing (BMC 38.380.030.C.3.c.) Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. B-2M allows for complete lot coverage. The building is 7 stories in total and provides for 40% of the units within the development at 60% AMI to provide affordable housing and is thus able to take advantage of the shallow incentives for affordable housing creation, which allows for an additional 2 stories in the applicable B-2M zone. The structure contains a 10-foot stepback at the north and south aspects to comply with Table 38.320.050.note8. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 15 of 25 Zone Edge Transitions 38.320.060 Yes Comments: No zone edge transition is required because this property is zoned B-2M and surrounded by B-2M zoning. Zone edge transitions only apply to high density districts when located adjacent to lower density residential districts. No lower density residential districts are present surrounding the site. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with additional specific standards. General land use standards and requirements 38.350 Yes Comments: Section 38.350.050.D designates that parapets and elevator penthouses are exempt from height restrictions, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. Encroachments are proposed above the proposed 7-stories to accommodate elevator penthouses. These areas do not exceed 50 percent of the either street frontage and are largely hidden behind the provided parapet. Applicable supplemental use criteria 38.360 NA Supplemental uses/type None NA Comments: No supplemental use criteria are triggered with the proposed uses in the application. Wireless facilities 38.370 NA Comments: No wireless facilities are proposed. Affordable Housing 38.380.010 Yes Affordable housing plan Yes, with code provision Comments: For complete analysis regarding the Affordable Housing Administrator’s determination of compliance with all affordable housing code provisions, see the Economic Development staff report located in the project file online and at the Department of Community Development. Per code provisions 3 and 4 prior to final site plan approval, 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 immediately following condition approval of the Aspen 8 Site Plan. Also, the applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan immediately following conditional approval of the Aspen 8 Site Plan. The project proposes 116 housing units that are priced for rent at no greater than 60% of the Area Median Income. All units would be one-bedroom units. The applicant has not delineated which units will be affordable but states on page 2 of their ‘Affordable Housing Plan’, “The affordable units will be throughout the building but will be primarily located on the lower levels. The intention is to mix the market rate and affordable units together, so there is no distinguishable difference between the units.” Per 38.380.030, “If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes, the developer may apply the following incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses:” The developer is proposing to utilize Section 38.38.030.C.3.c. which allows for “Two additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts.” The Affordable Housing Administrator, has approved the Affordable Housing Plan for the project and stated in their report, “The review authority has approved the Affordable Housing Plan for the Aspen Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 16 of 25 8 project and finds that the plan includes all information required for the City to confirm compliance with the standards and criteria in BMC 30.380, including the standards in 38.380.030.A Incentives Available. The requested incentives include two additional stories of height.” 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, with condition Comments: Currently, primary access roads exist in the form of legal right of way and built gravel, none are built to City of Bozeman’s Design Standards and Specifications Policy (DSSP). As a part of this proposal, the applicant would be required to construct streets to City of Bozeman’s Design Standards and Specifications Policy (DSSP). Specifically, Aspen Street, from its intersection at North 7th will need to be constructed through its intersection with North 8th Street, and North 8th Street will need to be constructed through its intersection with West Juniper Street. Both concurrent constructions onsite (CCON) and offsite (CCOFF) plans and applications were submitted with the application which indicates that the applicant may be able to construct the proposed mixed-use structure while constructing the required infrastructure improvements. The applicant provided a Traffic Impact Study (TIS) conducted by Sanderson Stewart and has been evaluated by engineering for adherence to adopted standards. The reviewing engineer looked at impacts at the intersections of West Juniper and North 7th Ave and West Aspen and North 7th Ave based on forecasted traffic volumes and agreed with the applicant conclusions that the proposed development will operate at an acceptable level of service. Level of service standards for arterial and collector streets serving the site was also evaluated by engineering. A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for future transportation improvements is required ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. BMC 38.400.060.4 states “[…] Intersections must have a minimum acceptable LOS of "C" for the intersection as a whole.” The only location where the overall intersection LOS does not meet the requirements of this section of the BMC is the intersection of North 7th Avenue and Peach Street. However, the Montana Department of Transportation (MDOT) is currently in design for improvements to the North 7th Avenue and Peach Street/Durston Road intersection to address the LOS deficiency. The project is scheduled for construction in 2025. Based on MDOT’s imminent plans to address it, the North 7th Avenue and Peach Street/Durston Road intersection was excluded from the TIS per BMC 38.400.060.B.4.b. subsection 2, “Improvements to the intersection to raise the overall level of service to a "C" or better are currently scheduled for commencement of construction within three years as shown on the most recently adopted Transportation Capital Improvement Plan;”. The TIS demonstrated that every other intersection as a whole would remain at better than LOS “C,” and therefore the requirement of the BMC is met. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 17 of 25 Sidewalks 38.400.080 Yes, with condition Comments: Sidewalks both within and adjacent to the site along all street frontages are to be provided. Street trees line the boulevard space between the street and sidewalk and landscaping is provided between the building and sidewalk. Given the additional pedestrian and vehicular traffic that may result at full build out, the City Engineers requested a summary of recommended mitigations to include any access changes, pedestrian crossings, future considerations of signalization or signal timing changes. Given the subsequent information, the City Engineers requested installation of a rapid-flashing pedestrian beacon pedestrian crossing at the intersection of North 7th and Aspen Street, or a provide documentation from the MDT as to why the crossing cannot be installed at North 7th and Aspen. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes, with condition Comments: The parking area for the mixed-use structure would be accessed by a 20-foot alley that runs along the northern and eastern property lines and connects West Aspen to North 8th Avenue. The eastern section of the alley provides access to the first-floor parking area, and the northern access from the alley provides access to the second-floor parking garage. The alley would be required to be built to City of Bozeman’s Design Standards and Specifications Policy (DSSP). On the submitted ‘Civil Site & Utility Plan’ the applicant has designated curbs throughout the alley to be painted red and designated as Fire Lanes. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 Yes Comments: No new transportation pathways or trails are proposed with this application. Street design has been evaluated by engineering and public sidewalks will be provided. Two existing Streamline bus stops are located within 400-700 feet of the subject property including a covered stop near the Tamarack and 7th intersection. 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 NA Comments: This project does not trigger lot and block standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 18 of 25 CIL of water Yes, with code requirement Comments: The subject property is an infill site so existing infrastructure is available from adjacent properties and through existing rights-of-way. Rights-of-way surround the property in the form of West Aspen Street to the south, North 8th Street to the west, and a platted alley which adjoins the north and east property lines. A Water Sewer Storm Design Report was prepared by TD&H Engineering. This lot is undeveloped, so site improvements include new water and sewer services, and storm drainage mitigation facilities. The estimated annual municipal water demand from the project is 36.19 acre-feet (AF) (Appendix J – CILWR Determination). At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $217,144. The fee must be paid prior to final site plan approval. The City encourages and supports water conservation through a rebate program for high efficiency fixtures. City Engineering Staff submitted comments stating, “[…] this would be a great project for our high-efficiency rebate program. The program provides a rebates of approximately 20% of the CILWR fee (~$43K) for the residential units if high-efficiency fixtures (toilets, washers, and shower heads) are installed which meet the City Water Conservation Division standards. The rebate would be released at occupancy and requires an agreement defining the terms and amount rebate to be finalized and executed with the site plan.” Engineering Division found the report to meet Design Standards. 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. A separate process for on and off- site infrastructure review is required through the Engineering Division prior to construction of infrastructure improvements. This process includes permit submittal and review, a pre-construction submittal review and meeting, inspections, and acceptance. 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 NA Comments: The applicant has proposed an underground infiltration chamber to mitigate on-site stormwater runoff. No surface ponds are proposed. The applicant states, “A geotechnical drilling investigation was conducted at the site on July 23, 2021. Groundwater was not observed in 5 boreholes that were drilled to a depth of 20-feet. However, 2021was a regionally dry year so additional well log information was reviewed to verify anticipated groundwater depths. Four monitoring wells were drilled at the adjacent U-Haul facility in May of 1990. All 4 well logs reported groundwater encountered at depths ranging from 20.5 to 21.5 feet below the ground surface. Therefore, it is anticipated that groundwater will be sufficiently deep even with seasonal fluctuations to allow for a full retention/infiltration strategy to be successful at this site.” Grading and drainage have been reviewed by engineering and found to be adequate. 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 0.53 acres of parkland required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: The applicant provided a response to Resolution 4784 which provides guiding criteria for acceptance of CIL of Parkland. This was reviewed by the Parks Department and the CIL proposal by the Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 19 of 25 applicant was considered favorably as an infill site located in a commercial zoning district with nearby park access. 38.420.020 caps maximum park dedication requirements to 12 dwellings per acre. The project proposes to provide CIL of parkland for the project. The subject property is approximately 1.45 acres and proposes 289 units. Therefore 0.53 acres worth of parkland must be dedicated for the proposal (1.45 acres x 12 dwelling units x .03 acres= 0.53 acres of parkland). The City of Bozeman Parks Department staff commented that the CILP value would be increasing to $2.65/sf. Given the amount of parkland required and the valuation of the land, $60,025.15 is required as the total cash donation in lieu of parkland. (23,086.8 square feet x $2.65/sf= 61,180.02) The applicant is required to provide approval for this proposal from the Director of Parks and pay the CIL amount prior to final site plan approval. 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. A public park exists approximately 900 feet to the east at the corner of Aspen St. and N. 5th Ave. Additional smaller parks are also located within a quarter mile of the subject site. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Storefront and Mixed-Landscaped Yes Departure criteria None requested Yes Comments: Currently, the site is undeveloped. Legal access exists surrounding the property but transportation facilities have not been built to DSSP The applicant has shown on Appendix C of their submittal a Block Frontage Diagram designating North 8th as Landscaped Block Frontage. Pursuant to Section 38.510.020.D. “The default block frontage for new or undesignated streets (such as those within annexed land) in commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in section 38.510.030.D).” As North 8th is to be constructed and is set between Mixed Use Zoning to the east and High Density Residential Mixed-Use Zoning to the west, the plan would be reviewed for compliance with Mixed Block Frontage Standards along North 8th Avenue. Aspen Street is designated as Storefront Block Frontage. The applicant is designating the first two floors as a parking structure. They have proposed commercial floor space wrapping never less than 20 feet deep of habitable and conditioned space along Aspen Street and North 8th Avenue (Shown on Level 1- Overall Floor Plan). Meeting both parking structure standards and Storefront standards, the first floor is 16 feet tall (see Building Sections). The parking structure is accessed from the alley adjoining the property to the north and east. Along the southern portion of the building, fronting onto Aspen Street, the applicant has shown the required 10-foot utility easement and set the building along the extent of the easement to comply with Building Placement requirements. There are individual entrances to the two available commercial spaces on the first floor. According to the applicants narrative, “The site meets all the block frontage requirements by including a 12’ sidewalk, weather protection at an average depth of 5’ and transparent storefront glazing along 60% of the of the length of the frontage for the portion designated storefront” (Narrative pg.8). There is a sidewalk approximately 22 feet wide (10-foot utility easement in addition to the 12-foot minimum sidewalk width). Lastly on their Exterior Elevations exhibit, the applicant designates there is 638ft2 of available wall area between 30” and 10’ above the sidewalk and has designed 392ft2 of transparency which meets the standard of 60% transparency required with 61% transparency provided (Exterior Elevations). The storefront weather protection and expanded sidewalk is proposed to also wrap around the southwest corner of the N. 8th and Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 20 of 25 Aspen corner and connect to the primary residential entrance along North 8th. All Storefront Block Standards along Aspen Street are met. Along the Western portion of the building, fronting onto North 8th Avenue, the applicant has opted to utilize the Mixed-Landscape Block Frontage standards. On the site plan the applicant designated the required 10- foot utility easement which also puts the building in compliance with the minimum 10-foot setback Building Placement requirement. There is an entrance to the commercial space, one to the residential lobby, and two to the bike storage area on the first floor. All entrances are visible and accessible from the street. According to the applicants narrative, “The site meets all the block frontage requirements by including… weather protection at an average depth of 5’ “(Narrative pg.8). This exceeds the required 3 feet of weather protection required. Parking was discussed previously and complies with the structured parking standards. Areas not utilized for the required 5-foot minimum sidewalk have been landscaped pursuant to the standard (seen on the Planting Plan). All Mixed-Landscaped Block Standards along North 8th Avenue have been met. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian paths through the site and to the open space and service areas meet the standards in this section for location, connections, and widths. A minimum 7-foot wide sidewalk is provided along the surface parking lining the alley to connect the front, and rear of the site, and allow for vehicle overhang. All entrances to the building provide connections to a public sidewalk. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: Primary access roads are required to be built as a part of this proposal, including alleys which provide access to the parking structure (shown on Level 1 Floor Plan and Level 2 Floor Plan). Both levels of the parking structure have accesses of at least 24’. The first-floor parking accessed from the eastern leg of the alley, and the second-floor parking is accessed from a ramp off of the northern leg of the alley. The parking is set at 90-degrees and the driving aisle is 24 feet wide for both levels of the parking structure. Vehicular circulation meets standards. On-site open space 38.520.060 Total required 28,900 ft2 Yes Total provided 26,267ft2 Yes Comments: Open space is to be provided via shared outdoor open space, private unit balconies, and shared indoor areas to include a lobby, pet wash, tenant collab., gym, bike repair, media room, and lounges. The submitted material shows 26,712ft2 of open space provided, however, included in the calculation is 581ft2 of open space provided in the form of an elevator lobby. The 136ft2 portion of the lobby with amenities provided could contribute, but the entire space does not meet the standard or intent of open space as Section 38.520.060.B.4.b states, “The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable area used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 21 of 25 residents.” To resolve this deficit of open space, the applicant has requested a departure. Table 38.320.070 allows for a departure in Useable Open Space up to a “20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park.” Section 38.320.070.C states, “To approve departures the review authority must determine that criteria 1 and 2; and at least one of criteria 3—5 are met: 1. The departure will result in at least one more home than would otherwise be possible; and  The applicant states on page 15 of the Narrative, “By allowing this departure, approximately 20 more units will be built.” The size of the units offered ranges from approximately 350ft2 to about 470ft2. There is a discrepancy between open space provided and open space required of 2,633ft2. Given the size of the units, approximately 7 more units could be created by allowing the departure. 2. The purpose of the standard can still be accomplished if the departure is granted; and  The applicant states on page 16 of the narrative, “The intent of the standard is to provide a space that is suitable for leisure and recreational activities. Even with the 20% reduction the intent of the standard is still met. The 8 Aspen project proposes more residential amenities than typical multifamily projects. Therefore, while the overall square footage is slightly less, the amenity value is significantly higher.” The applicant is requesting a 9% reduction for their departure. With the development as a whole, approximately half an acre of open space has been provided with amenities which include bike repair stations, community media rooms, shared outdoor spaces, collaboration rooms, gym and pet wash. The intent of the standard would still be met if the departure were granted. 3. The departure will not impose negative impacts on surrounding property; or  The applicant states on page 16 of the narrative, “The departure should have no effect on the surrounding neighborhood. There are significant leisure and recreational opportunities on site. Additionally, there are a variety of amenities to appeal to a wide range of residents.” Neighboring properties are generally commercial or industrial. An existing park is approximately 0.17miles from the proposal which is well within the quarter-mile required by the departure standards. There would be no foreseen negative impacts from the requested departure. 4. The departure is applicable to missing middle housing; or  The applicant states on page 16 of the narrative, “The project is proposing to dedicate 40% of the units as deed restricted to LIHTC affordable units.” Missing middle housing is defined in Section 38.700.120 as, “A residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing.” This is a mixed-use residential building with 289 apartment units. This standard would not be met. 5. The departure is applicable to an infill site.  The applicant states on page 16 of the narrative, “While the project site is adjacent to undeveloped portions of the city it is wholly surrounded by development. This project will also expand vital portions of the city’s infrastructure and will infill missing gaps of infrastructure.” Infill is defined in Section 38.700.100 as, the development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surround by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” The proposal encompasses 7 Lots which are a part of the Durston’s Second Subdivision, which was platted in 1951 (Plat of Durston’s Second Subdivision). The departure is applicable to an infill site. Criteria 1-3 and 5 have been met which would meet the standard. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 22 of 25 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 0 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 0 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 162 Provided on-street 15 Bicycle parking 38.540.050.A.4 312 Comments: The minimum parking requirements of this section do not apply within the Midtown Urban Renewal District the boundary of which is described in the Midtown Urban Renewal Plan adopted pursuant to Ordinance 1925. The applicant is proposing 162 off-street parking spaces, which includes compact and accessible spaces. Along North 8th Avenue are 15 on-street spaces, and 27 spaces along Amenities are shown on open space floor plans (Level 1, 2-3, 4-5, 6-7) as well as the Architectural Site Plan Responses portions of the application. The shared ground level open space is located within a large contiguous area of outdoor space with modular planters which provide screening, with attached benches for seating. Interior open space on the ground floor includes a bike storage and repair area, pet wash, and tenant collaboration area. The second floor hosts another bike repair, gym facility, large lounge space, and community media room. The second floor has a large, contiguous balcony along the western side of the building and a smaller square balcony on the east side of the building with associated planter boxes and seating for shared outdoor open space. On the residential levels 4 through 7 there is a balcony on the western side of the building totaling 322 square feet and another larger on the eastern side which totals about 560 square feet. These areas meet the requirements that they be in a visible area and are designed to service recreational functions that encourage use by residents. Unit balconies comprise 10,022ft2 which equates to less than 50% of the total required open space and meets the dimensional and area requirements from this section. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are shown on the Planting Plan and are screened by landscaping 4 feet in height as well as a gazebo with a metal screen to adequately screen the utilities. Solid waste will be collected via a heated concrete pad accessed via the alley (Civil Site and Utility Plan). Condensing units, RTU units, and the backup generator are to be located on the roof and screened from public view utilizing parapets. 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 building meets the building articulation and building design standards of this section. The building is required to provide articulation at 30-foot intervals to reduce the perceived massing and add visual interest. Building facade changes color and moving up in elevation along the building. Additionally balconies and inset sections add additional articulation horizontally across the building, with utilizing a change in material, color or an inset/outset section of building never more than about 17-20 feet apart. Building materials are dominated by cementitious wall boards and panels, with areas of corrugated and finished metal panels 24 gauge in thickness. The application is successfully mitigating the effects of using primarily cement board panels with the use of varied colors and textures as required by this section. Articulation features are best demonstrated by the Exterior Elevations portion of the application. Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 23 of 25 the eastern portion of the alley within the side setback (Civil Site and Utility Plan). Parking structures account for the remaining off-street parking. The applicant has proposed an indoor bicycle storage room that can house 210 bikes on the first floor and 82 on the second, for a total of 289 bike parking spaces required and providing 292 (Level 1 Open Space). Additionally 20 bicycle parking spaces are provided outdoors at the commercial storefront entry, residential entry, and within the open space plaza. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along all frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application. A separate sign permit is required prior to the installation of any commercial signs or residential identification signage. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The application proposes wall lighting over internal walkways, recessed lighting at entries, and wall mounted lighting, and flood lighting for the structured parking lots. The lighting meets the required cutoff and intensity requirements. 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. One letter of public comment was received. The letter has been placed in the project Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 24 of 25 file for review by the Community Development Director with this report, and has been provided to the City Clerk’s office for distribution to City Management and the City Commissioners. The letter was received from the Maxey Limited Partnership which owns adjacent vacant property and is summarized as follows:  Concerns were provided related to the proposed development of the subject property, as well nearby development not within the scope of this report. The staff summary and response is limited to the subject property.  Trespassing. Trespassing problems were discussed including concerns about tradesman and contractors parking on the adjacent property during development of the site. The letter requested specific requirements to limit encroachment to the adjacent property. Staff has added an advisory comment related to construction management and trespassing for review by the applicant. The owner of the adjacent property concerned about construction encroachment into their property may choose to repair or erect fences and no trespassing signs within the requirements of the Bozeman Municipal Code and report any trespassing incidents to the Police or Code Compliance. This letter has also been forwarded to the Police Chief and the Neighborhood Services Division which manages parking enforcement and code compliance for their consideration and awareness.  Control and management of pets. Staff acknowledges that there is a lack of off-leash dog facilities within the area of the subject property. However, the management of pets is not within the site plan review criteria. No open space areas dedicated to dog runs or other pet recreation facilities are provided with the application, nor are they required by the development code. The Parks Department reviewed the application for adherence to their adopted parks plan, and the criteria of Resolution 4784. The presence of a nearby off-lease dog facilities is not a criteria for accepting cash-in-lieu of parkland. The property owner and future residents of the proposed building are required to adhere to Chapter 8 of the Bozeman Municipal Code which governs restraint and confinement of pets. The owner of the adjacent property concerned about pets loose on their property may choose to repair or erect fences and no trespassing signs within the requirements of the Bozeman Municipal Code and report any trespassing incidents to Animal Control.  Building height. The comment includes concerns about the proposed building height. Building height and zoning requirements for the B-2M zone are contained in Section 5 of this report. The applicant is meeting the required height limitations for a mixed-use building in B-2M zoning with the application of shallow incentives for affordable housing available in BMC 38.380.030. These incentives were adopted with Ordinance 2105 in 2022 through the City’s public legislative process. In regards to the scale of surrounding development no low density residential districts are present near or adjacent to the site only mixed-use commercial and high density residential. Zone edge transitions are also discussed in Section 5.  A planned trail discussed in the narrative. Staff located the applicant’s mention of a planned trail connection on the property to the west of North 8th Avenue. This trail connection between Durston and Oak is located within the Parks, Recreation, and Active Transportation Plan adopted by the Parks Department. There are no plans to connect or construct this trail within this application.  Parking. Parking is discussed in Section 7.d of this report. The minimum parking requirements in the development code do not apply within the Midtown Urban Renewal District the boundary of which is described in the Midtown Urban Renewal Plan adopted pursuant to Ordinance 1925 through the City’s public legislative process. The letter suggests a public parking structure or arrangement with the Fairgrounds to alleviate parking pressure in the Midtown area. Those suggestions are within the purview of the City Commission, Strategic Services, and Economic Development Department. This public comment letter has been forwarded to those elected officials and staff for consideration. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Staff Report 8 Aspen Site Plan Application No. 24051 August 6, 2024 Page 25 of 25 Comments: The proposed project lies over 7 lots previously platted with Durston’s Second Subdivision. The applicant is proposing to aggregate all lots so that the proposed structure sets on one lot. Stormwater is addressed through an underground stormwater retention system beneath the structured parking. A 10-foot utility easement is proposed along North 8th Avenue and Aspen Street.