HomeMy WebLinkAbout24088 Staff Report FINAL Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 1 of 21
Application No. 24088 Type Site Plan
Project Name Compass Apartments SP
Summary A site plan for the construction of a multi-household apartment building comprising 112 residential
dwelling units on approximately 2.3 acres located in the southeastern corner of the intersection of
N 27th Avenue and Tschache Lane. The proposed building will include a total of 5 floors, with the
ground floor comprised of 15 residential units fronting the adjacent streets and an internal parking
structure. Floors 2-5 will include the remaining 97 residential dwelling units and the 5th floor will
also include a rooftop patio and lounge area. The internal parking garage will include 71 covered
parking spaces, with the remainder of the site providing 67 off-street uncovered parking spaces
and 14 on-street parking spaces. Vehicle access to the site will be provided from N 25th Avenue
along the eastern property line. Additionally, this application includes associated design and
infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping,
irrigation, lighting, and pedestrian pathways.
Zoning R-5 Growth Policy Urban Neighborhood Parcel Size 2.3 Acres (100,188 sf)
Overlay District(s) None
Location Southeastern corner of N 27th Avenue and Tschache Lane; North of Breeze Lane, East of N 27th Avenue,
South of Tschache Lane, and West of N 25th Avenue
Legal Description Lot 5C of Annie Subdivision Phase 2, Plat J-204-A, in Section 2, Township 2 South, Range 5 East,
located in P.M.M., City of Bozeman, Gallatin County, Montana
Owner Silvercreek Equity, 1010 W St. Germain Street #750, St. Cloud, MN 56301
Applicant IMEG Corp, 1143 Stoneridge Drive 1, Bozeman, MT 59715
Representative Cole Group Architects LLC, 216 Park Avenue South 102, St. Cloud, MN 56301
Staff Planner Bailey Minnich Engineer Suzanne Ryan
Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad
10/24/2024 – 11/19/2024
10/23/20224 10/23/2024 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 10/22/2024 Adequate for further review with applicable conditions
and code provisions
Recommendation The application is sufficient for approval with conditions and code provisions.
Decision Authority Director of Community Development or her designees Date: 11/20/24
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Digital application access located online in the City’s Laserfiche Repository for Application 24088
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 2 of 21
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan
described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit the construction of a
multi-household apartment building comprising 112 residential dwelling units on approximately 2.3 acres located in the
southeastern corner of the intersection of N 27th Avenue and Tschache Lane. The proposed building will include a total of
5 floors, with the ground floor comprised of 15 residential units fronting the adjacent streets and an internal parking structure.
Floors 2-5 will include the remaining 97 residential dwelling units and the 5th floor will also include a rooftop patio and lounge
area. The internal parking garage will include 71 covered parking spaces, with the remainder of the site providing 67 off-
street uncovered parking spaces and 14 on-street parking spaces. Vehicle access to the site will be provided from N 25th
Avenue along the eastern property line. Additionally, this application includes associated design and infrastructure
improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, and pedestrian
pathways. The site is zoned R-5, residential mixed-use high density district, and the proposed use is consistent with the
allowable uses in the R-5 zoning district. 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 finds that the proposed Site Plan complies with the requirements of
the BMC if certain conditions are imposed. Therefore, being fully advised of all information comprising the record of review
regarding this application, the Director makes the following decision.
C) The Site Plan meets 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, as noted in the Code Provisions
section of this document. The evidence contained in the submittal materials, advisory body review, public comment, 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 __18th___day of __December____, 2024, Erin George,
Interim Director of Community Development, or her designee, 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 Department of Community Development for the City of Bozeman within 10 working days after
the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEE
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 3 of 21
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
CODE PROVISIONS
1. BMC 38.240.310.A.4. Subdivision Exemption. Subdivision exemption #24575 to relocate the required property lines
must be approved for the site plan to comply with the setback requirements of the R-5 zoning district. Subdivision
exemption #24575 to relocate the northern property line must be reviewed, approved, and recorded prior to final site
plan approval. No building permit(s) may be issued until such time that the lot lines are relocated in compliance with
local and state requirements and that places the proposed structure in compliance with all zoning regulations.
2. BMC 38.270.030.C-D – Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section
are met. The City must approve concurrent construction prior to building permit approval of any phase. Approval
requires a concurrent construction request plan approval, an irrevocable offer of dedication, infrastructure review and
approval, submittal of original executed easements to facility infrastructure, and fire review and approval.
3. BMC 38.400.070 - Street Lighting: The required public street light(s) on N 27th Avenue must be included in a Special
Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications,
prior to occupancy.
4. BMC 38.410.080.F. Grading and Drainage. The proposed stormwater facility must be revised to be located more
than 10-feet away from the front property line along Tschache Lane and N 25th Avenue in order to occupy no more
than 1/3rd of the required 15-feet front setback prior to final site plan approval.
5. BMC 38.410.130. Water Rights. The final determination of cash-in-lieu of water rights (CILWR) for this site is
$84,593. The applicant must provide CILWR fee payment and the receipt to the Review Engineer to demonstrate
compliance with water adequacy provisions prior to final site plan approval.
6. BMC 38.420.030. Cash donation in-lieu of land dedication. The finalized cash donation in-lieu of land dedication
(CILP) has been determined as $90,039.05 and must be paid prior to final site plan approval.
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
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Figure 1: Current Zoning Map
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
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Figure 2: Growth Policy Designation
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Application No. 24088
November 20, 2024
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Figure 3: Site Plan
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Application No. 24088
November 20, 2024
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Figure 4: Landscaping Plan
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Application No. 24088
November 20, 2024
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Figure 5: East (A), North (B) & South (D) Elevations
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
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Figure 6: West (C) Elevation
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Figure 7: Building Renderings
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy
(38.100.040.D)
Meets
Code?
Growth Policy Land Use Urban Neighborhood Yes
Zoning R-5, Residential Mixed-Use High Density District Yes
Comments: The Bozeman Community Plan 2020, on page 73, discusses how zoning regulations are made in
accordance with a growth policy. “The City must balance many issues in approving urban development. Therefore, it is
not unusual if there is some tension between competing priorities, even if there is no explicit contradiction in policy.” The
adopted regulations in Chapter 38, the Uniform Development Code (UDC), are the result of the Commission considering
and balancing a wide range of issues and the regulations provide an overall compliance basis of evaluation of the specific
development application to the aims and aspirations of the growth policy. This balancing in crafting regulations means
that individual goals or objectives are not maximized to the exclusion of other priorities and evaluation occurs against the
whole of the growth policy. Applications consistent with the adopted regulations are in accordance with the overall growth
policy.
R-5 is an implementing district of the 2020 Community Plan designation of Urban Neighborhood and is supported by the
following goals:
- Goal N-1: Support well-planned, walkable neighborhoods. Staff Comment: This project is adjacent to the City
owned Rose Park and within ½ mile walking distance of amenities near the intersection of N 19th Avenue and
Tschache Lane. Additionally, the site is located adjacent to N 27th Avenue which is classified as a Collector
supporting city sidewalks, and south of the intersection of N 27th Avenue and Tschache Lane, the location of a
public transit stop.
- Goal N-1.1: Promote housing diversity, including missing middle housing. Staff Comment: This project proposes
a total of 112 market rate residential dwelling units in a single apartment building. The number of proposed units
will provide diversity in the housing types available within the City of Bozeman.
- Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. Staff Comment:
The subject property is located in an area of higher density zoning districts near the intersection of N 27th Avenue
and Tschache Lane. Tschache Lane contains a corridor of commercial zoning to the east of the subject property,
which transitions to higher density zoning districts such as R-4 (residential high density district) and R-5
(residential mixed-use high density district) nearing the proposed development. The location of the proposed site
directly off N 27th Avenue and Tschache Lane creates a predictable increase in density by establishing a
transition between full commercial uses and standard single household residential properties to the west.
Additionally, the proposed development fits the character of the area as the subject property is surrounded by
existing multi-household developments of similar scale.
- Goal DCD-1: Support urban development within the City. Staff Comment: This project is a redevelopment of one
infill lot providing higher density residential units within close proximity to commercial uses. The proposed site is
located adjacent to N 27th Avenue which is designated as a Collector street classification and anticipated for the
higher level of density and city services.
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 12 of 21
- Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners,
services, and parks. Staff Comment: This project is located adjacent to Rose Park which is located on the east
side of N 25th Avenue, directly to the east of the subject property and within 0.16 miles of the West Winds City
Park to the west of the subject property along Tschache Lane. Additionally, there is a Streamline bus stop
located at the northern property line along Tschache Lane. Due to the site’s proximity to these city services, it
provides a higher level of potential for more intense redevelopment.
- Goal DCD-1.9: Promote mixed-use developments with access to parks, open space, and transit options. While
this project is not specifically a mixed-use development, it is a larger multi-household development within a
mixed-use residential zoning district. It is located directly adjacent to the City owned Rose Park and established
bus stop, providing access to available city amenities. The West Winds City Park is also located to the west
within 0.16 miles of the subject property.
- Goal DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one
another. Staff Comment: This project is a residential development with higher density housing adjacent to an
existing public transportation route along Tschache Lane. Streamline bus service has an existing Blueline route
stop located at the intersection of N 27th Avenue and Tschache Lane, directly adjacent to the northern property
line of the proposed development.
Growth Policy – Urban Neighborhood: This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may
develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation
indicates that development is expected to occur within municipal boundaries. This may require annexation prior to
development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential
areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the
provision of services and employment opportunities without requiring the use of a car.
Staff Comment: As described through the above goals and strategies, the proposed project conforms to the
Bozeman Community Plan 2020 designation of Urban Neighborhood by providing urban density homes within city limits in
proximity to existing and developing parks, commercial nodes, centers of employment, retail, and schools. The Apartment
use as denoted within the site plan submittal is allowed within the R-5 zoning district and the project conforms to the
requirements of the R-5 zoning district. The property is within the City’s municipal service area and complies with the goals
and objectives of the growth policy and other supporting city plans. No conflicts between the proposed use, zoning
compliance, and the growth policy are identified.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations
(38.100.080)
Condominium ownership N/A
Comments: There is no proposed condominium ownership association for this site plan. The proposed use of the site is
consistent with the allowed uses in the R-5 zoning district. As detailed in this report, the application conforms with all relevant
provisions of the UDC and other City regulations. Additional steps will be required, including but not limited to, building
permits, and infrastructure plans. The Building Division of the Department of Community Development will review the
requirements of the International Building Code for compliance at the time of building permit application.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets
Code?
Current Violations None Yes
Comments: There are no current violations on the property.
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 13 of 21
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for
applicable permit types (38.230)
Meets
Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development
38.230.020.B
No. of phases: 1 Yes
Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable
conditions of approval and code provisions which must be met prior to building permit approval, concurrent construction,
if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The site plan is not
proposed to be a phased project. The applicant will not be seeking phased occupancy for the development and plans
to develop the entire project in one phase. Any additional development such as an expansion may require an amendment
to this approved site pan or a new site plan applicable to that area based on the met thresholds of applicability denoted
in Sec. 38.230.040.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A
Comments: No conditional or special uses are proposed.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets
Code?
Permitted uses 38.310 Apartments/apartment building Yes
Form and intensity standards 38.320
Zoning: R-5
Setbacks Structures Parking / Loading Yes, with
code
provision
Front 15-feet; Block
Frontage –
Landscaped
N/A
Rear 20-feet N/A
Side 5-feet N/A
Comments: Apartments and apartment buildings are permitted uses within the R-5 zoning district. The proposed
structure complies with all R-5 zoning district setbacks with one code provision. The R-5 zoning district requires a 5-feet
wide side setback. The applicant has submitted a subdivision exemption (#24575) with the Common Open Space lot in
the northwest corner to move the shorter northern property line further north to accommodate the proposed building and
the required side setback. Without the approved subdivision exemption, the proposed structure would not comply with
the R-5 zoning setbacks. Code provision #1 requires the subdivision exemption #24575 to be approved and recorded
with the Gallatin County Clerk and Recorders Office prior to final site plan approval in order to demonstrate compliance.
Additionally, no building permits may be issued by the City until the lot lines are relocated in compliance with all zoning
regulations. Multi-household buildings are subject to block frontage standards. The block frontage designation is
Landscaped along all of the property frontages including N 27th Avenue, N 25th Avenue, Tschache Lane, and Breeze
Lane. BMC 38.510.030.C.2 states the building placement in the Landscaped block frontage requires a minimum 10-ft
front setback. As the R-5 zoning district requires a larger setback of 15-feet from the front property lines, the proposed
building complies with the Landscaped block frontage standard for the building placement.
Density, minimum
(dwellings per net acre)
48.6 dwelling
units per
gross acre
Allowed 8 dwelling units per
‘gross’ acre (2.33
acres gross = 18.4
dwelling units
minimum)
Yes
Lot coverage 42% Allowed N/A Yes
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 14 of 21
Building height 60-feet Allowed 50-ft if roof pitch less
than 3:12; 60-ft if roof
pitch 3:12 or greater
Yes
Comments: Minimum density, lot coverage and building height form and intensity standards are met with the proposed
design. The underlying R-5 zoning district requires a minimum residential density of 8 dwelling units per gross acre (BMC
38.320.030.C, note 1). As the property is 2.33 gross acres, the minimum density required for the proposed development is
approximately 18.4 dwelling units. The proposed development would include 112 residential units which equals
approximately 48.6 dwelling units per gross acre. The R-5 zoning district permits a maximum building height of 60-feet for
buildings designed with a roof pitch at 3:12 or greater. According to the submitted building elevations, the proposed building
would have a 3:12 roof pitch and is therefore compliant with the maximum building height at 60-feet. No maximum lot
coverage is listed for the R-5 zoning district; however, the proposed development would have a building lot coverage of
approximately 42%.
Applicable zone specific or overlay standards 38.330-40 N/A
Comments: The project is not within an overlay district and does not have any zone-specific standards.
General land use standards and requirements 38.350 Yes
Comments: The proposed development includes ground floor residential units with entrances fronting along N 27th
Avenue and Breeze Lane. In order to comply with the block frontage requirements for residential units along sidewalks
(BMC 38.510.030.J), these units will include a front patio surrounded by a low fence. The patios are permitted to extend
into the front setback no more than 5-feet according to BMC 38.350.050.A.3. Additionally, weather protection over the
entries is required by the applicable block frontage and is also exempt from the front setback requirements provided they
extend no more than 5-feet into the front setback. The proposed patios and awnings comply with the setback exemptions
of this code section.
Applicable supplemental use criteria 38.360 N/A
Supplemental uses/type N/A N/A
Comments: There are no additional supplemental use criteria requirements applicable to this proposed project.
Wireless facilities 38.370 N/A
Affordable Housing 38.380.010 N/A
Affordable housing plan N/A
Comments: The project is not proposing any affordable housing units. All residential units are proposed at market rate.
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 N/A
Access easements N/A
Level of Service
38.400.060
Yes Transportation grid adequate to serve site Yes
Comments: Adjacent streets exist to serve the site and no additional dedication is needed. Access to both the internal
parking lot and external parking lot will be from N 25th Avenue. A traffic impact study was required by the Engineering
Division and showed an estimated 488 total average weekday vehicle trips could be generated by the proposed
development. No street improvements were recommended by the traffic impact study. The applicant is required to
install street lighting along N 27th Avenue that meets city standards. The required public street lights must be included in
a Special Improvement Lighting District (SILD) prior to issuance of final occupancy. This requirement has been included
as code provision #3.
Sidewalks 38.400.080 Yes
Comments: Sidewalks currently exist along N 27th Avenue and Tschache Lane. The proposed site plan application will
extend sidewalks along N 25th Avenue and Breeze Lane in front of the development. As N 25th Avenue and Breeze Lane
are both classified as Local Streets, the Landscaped block frontage requires a minimum 5-feet wide sidewalk adjacent
to both streets. The proposed internal sidewalks along the exterior parking lot will be a minimum of 7-feet wide to
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 15 of 21
accommodate the parking overhang per BMC 38.540.020.L. All other sidewalks proposed within the development will
be a minimum 5-feet wide.
Drive access 38.400.090 Access to site: 2 Yes
Fire lanes, curbs, signage, and striping Yes
Comments: Vehicular access to the site will be provided from two approaches off N 25th Avenue. One approach will
provide access to the exterior surface parking lot. The second approach will provide access to the ground level parking
lot within the proposed building. Engineering evaluated the drive accesses proposed for spacing and design standards.
Fire lanes, curbing, striping, signage, and gutters have also been reviewed and approved by the Fire Department and
Engineering Department.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 N/A
Pedestrian access easements for shared use pathways and similar transportation facilities N/A
Public transportation 38.400.120 Yes
Comments: N 27th Avenue is classified as a Collector, and the remaining surrounding streets are all classified as Local
Streets. An existing paved shared use path is located along Tschache Lane at the northern property line. No new
pedestrian easements are proposed with this project. Additionally, this project is a residential development with higher
density housing adjacent to an existing public transportation route along Tschache Lane. Streamline bus service has
an existing Blueline route stop located along the site’s northern property line near the intersection of N 27th Avenue and
Tschache Lane. No improvements are required or proposed to the existing route stop.
6b. Conformance with Article 4 – Community Design Provisions: Community Design and
Elements (38.410)
Meets
Code?
Neighborhood centers 38.410.020 N/A
Comments: There is no proposed neighborhood center applicable to this SP application.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation N/A
Comments: Requirements of BMC 38.410, such as lot and block standards, were previously reviewed for conformance
and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots.
Public streets and sidewalks surround the subject property providing adequate pedestrian connectivity.
If the development is adjacent to an existing or approved public park or public open space area,
have provisions been made in the plan to avoid interfering with public access to and use of that area
Yes
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. The site is
adjacent to the City maintained Rose Park, however it is located across N 25th Avenue and no interference with public
access to the park is anticipated. Applicable cash in lieu of water rights was determined formally by the Engineering
Department and must be paid to the City of Bozeman prior to the approval of this SP per code provision #5.
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, with code
provision
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 16 of 21
Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance
and landscaping for said facilities have been reviewed for conformance to the City’s standards. BMC 38.410.080.F states
stormwater facilities must not occupy more than 1/3rd of a required front setback. The required setback along Tschache
Lane and N 25th Avenue is 15-feet and the submitted site plan shows the proposed stormwater plan within 5-feet of the
front property lines. To comply with this standard, the stormwater facility must be located more than 10-feet away from the
front property line along Tschache Lane and N 25th Avenue. This requirement has been included as code provision #4.
Additional review of the associated landscaping plan for the stormwater facilities can be found in Section 7e of this staff
report.
Watercourse setback 38.410.100 N/A
Watercourse setback planting plan 38.410.100.2.f N/A
Comments: Watercourse setbacks and an associated planting plan are not applicable to this proposed development.
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation
Requirements (38.420)
Meets
Code?
Parkland requirements 38.420.020.A Yes
Cash donation in lieu (CIL) 38.420.030 Yes
Improvements in-lieu N/A
Comments: A total of 0.78 acres of equivalent cash donation in lieu of parklands (CILP) is required for this project.
Developments are required to meet parkland requirements when the project proposes more than 8 dwelling units per
acre but not in excess of 12 dwelling units per acre (BMC 38.420.020.A.1). This project is proposing 112 dwelling units
over 2.18 net acres for a net density of 51.3 units per acre. Because of the cap on the parkland requirement, the CILP
does not take into account the total net density and instead is based on the maximum 12 units per acre for an
equivalent 26.16 dwelling units. Within the R-5 zoning district the required dedication per dwelling is equivalent to 0.03
acres. Therefore, the calculation to determine the amount of parkland for this project is 26.16 x 0.03 acres for a total of
0.78 acres. With 0.78 acres owed for CILP, at an appraisal land value of $2.65 per square foot, the applicant owes
$90,039.05 to provide the necessary cash donation for their proportionate share of parklands contribution as
determined by the City Parks Department. Per code provision #6, CILP must be paid prior to final site plan approval.
Park Frontage 38.420.060 N/A
Park development 38.420.080 N/A
Recreation pathways 38.420.110 N/A
Park/Recreational area design N/A
Comments: This site plan application is for a residential development and does trigger parkland dedication. Please see
the above comments regarding CILP applicable to this development. Rose Park, a City maintain public park, exists to
the east of the subject property across N 25th Avenue and can be accessed from sidewalks along N 25th Avenue and
Tschache Lane.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets
Code?
Block frontage classification Landscaped Yes
Departure criteria N/A N/A
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 17 of 21
Multi-household buildings are subject to block frontage standards. The block frontage designation is Landscaped along all
streets surrounding the subject property. The proposed building will comply with the Landscaped standards including
building entrances, façade transparency, weather protection, and parking location. As discussed in Section 5 of this
report, BMC 38.510.030.C.2 states the building placement in the Landscaped block frontage requires a minimum 10-ft
front setback. Since the R-5 zoning district requires a larger setback of 15-feet from the front property lines, the proposed
building complies with the block frontage standard for the building placement. The proposed building will also comply with
the required façade transparency. For residential uses within the Landscaped block frontage, at least 15% of the entire
façade must include windows. The submitted elevation plans document approximately 21% façade transparency along N
25th Avenue and Tschache Lane, and approximately 24% façade transparency along N 27th Avenue and Breeze Lane.
The submitted application also demonstrates applicable weather protection at least 3-feet deep over building entrances,
new 5-feet wide sidewalks along N 25th Avenue and Breeze Lane, and a minimum 10-feet wide landscaped buffer
between the proposed off-street parking lot and the adjacent street. The ground floor residential units with front entrances
along N 27th Avenue and Breeze Lane will also include private patio spaces surrounded by fencing and low-level
landscaping compliant with the Landscaped block frontage requirements. No departures are requested or approved for
the block frontage standards.
7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets
Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and
landscaping, etc.) so that activities are integrated with the organizational scheme of the community,
neighborhood, and other approved development and produce an efficient, functionally organized and
cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes
Non-motorized circulation and design systems to enhance convenience and safety across parking
lots and streets, including, but not limited to paving patterns, pathway design, landscaping and
lighting 38.520.040
Yes
Comments: As discussed in Section 6a, the proposed internal sidewalks along the exterior parking lot will be a
minimum of 7-feet wide to accommodate the parking overhang per BMC 38.540.020.L and will allow for direct access
to the outdoor bicycle parking and shared open space areas. Sidewalks currently exist along N 27th Avenue and
Tschache Lane, and the proposed site plan application will extend sidewalks along N 25th Avenue and Breeze Lane in
front of the development. As N 25th Avenue and Breeze Lane are both classified as Local Streets, the Landscaped
block frontage requires a minimum 5-feet wide sidewalk adjacent to both streets. All ground floor residential units that
front along N 27th Avenue and Breeze Lane will include pedestrian facilities that connect the private patio and front
door to the adjacent public sidewalk network. The 2nd through 5th floor residential units will contain private balconies
and comply with the 15-feet setback from the adjacent property lines.
Design of vehicular circulation systems to assure that vehicles can move safely and easily both
within the site and between properties and activities within the general community 38.520.050
Yes
Internal roadway design 38.520.050.D N/A
Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems have been met. The internal
roadway design is not applicable as there are no proposed internal roadways. Pedestrian pathways are provided
connecting the residences and parking areas.
On-site open space 38.520.060
Total required 13,850 sf Yes
Total provided 16,014 sf Yes
Comments: Multi-household developments must provide a minimum useable open space equal to 100 square feet per
dwelling unit for studio and one-bedroom units, and 150 square feet per dwelling unit for two or more-bedroom units.
Based on the number and type of proposed units in the submitted application, the proposed development must provide
a minimum of 13,850 square feet of on-site open space. For multi-household developments, 100% of the required
open space may be in the form of shared open space available to all residents such as roof decks, and courtyards. Up
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 18 of 21
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes
Parking requirements residential 38.540.050.A.6 152 required
Reductions residential 38.540.050.A.6.c N/A
Parking requirements nonresidential
38.540.050.A.6
N/A
Reductions nonresidential 38.540.050.A.6.c N/A
to 50% of the required open space may be in the form of private balconies or common indoor recreation areas. The
development proposes a mixture of private balconies, ground level private patios, a shared rooftop deck, common
indoor recreational areas, and shared outdoor open spaces. The shared open space will include a community patio at
the corner of N 27th Avenue and Breeze Lane and a proposed dog park near the corner of N 25th Avenue and Breeze
Lane. Additional shared outdoor open space will be provided along Tschache Lane and N 25th Avenue with the
landscaped stormwater retention area, as the drainage feature will include extensive landscaping complying with BMC
38.410.080.H. The roof deck on the 5th floor of the proposed building will include shared amenities available to all
residents such as a fire pit, seating areas, and landscaping plantings. Common indoor shared amenities include a
community room/lounge on the 5th floor adjacent to the rooftop deck, a fitness and yoga room on the 2nd floor, and a
lounge/game room on the 1st floor adjacent to the outdoor community patio space. The proposed private balconies will
range in size between 6-feet by 10-feet and 6-feet by 12-feet. The overall combined on-site open space provided by
the development is 16,014 square feet which exceeds the minimum open space requirements.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: The proposed building does not include any roof mounted mechanical equipment. Electrical utility meters
are proposed along the east side of the building adjacent to N 25th Avenue and along the north side of the building
adjacent to the neighboring common open space parcel. Both areas will be screened through the use of vegetation
meeting the requirements per BMC 38.520.070.D. Proposed vegetation screening will include Sester Dwarf Colorado
Spruce with a mature height and width of 3 to 6-feet, Tatarian Dogwood with a mature height of 3 to 6-feet and width of
6 to 10-feet, and a Bristlecone Pine with a mature height of 10 to 15-feet and mature width of 3 to 6-feet. Solid waste
will be collected in a shared trash enclosure located in the 1st floor parking garage within the building. Management of
the proposed structure will be responsible for bringing trash receptacles to the heated concrete pad adjacent to the
garage entrance along N 25th Avenue and then removing them after pick-up.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets
Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods and other approved development 38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: The apartment building is compliant with the building design standards of this section including articulation
and proposed materials. The placement of windows, change in roofline through the use of pitched roofline segments
per BMC 38.530.040.F, change in building materials, and articulation of colors are used for compliance with the
residential façade articulation standards. Primary building materials include vertical and horizontal LP Smartside board
& batten siding, horizontal LP lap siding, manufactured stone veneer and asphalt roofing. The proposed building will
be ‘L’ shaped, with the longest side approximately 312-feet long and the shortest side approximately 213-feet long.
Current standards for maximum façade width under BMC 38.530.040.E. state building facades wider than 150-feet
must include features to break up the massing of the building and provide visual interest. The proposed building will
include contrasting building materials and vertical building modulation to help minimize the overall mass and scale.
The proposed residential units along the N 27th Avenue and Breeze Lane street frontages will be constructed as 1-
story units, with the 2nd through 5th floors set back behind to give the appearance of a different building scale. The
proposed building does not include any blank walls meeting the definition in BMC 38.530.070.B.
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 19 of 21
Provided off-street 138 spaces
Provided on-street 14 on-street available
Bicycle parking 38.540.050.A.4 15.2 required; 20 provided Yes
Comments: BMC 38.540.050.A.1 requires a minimum of 1 parking space per studio unit, 1 parking space per one-
bedroom unit, and 1.75 parking spaces per two-bedroom unit within the R-5 zoning district. The proposed building will
include 26 studio units, 33 one-bedroom units, and 53 two-bedroom units. The total required number of parking
spaces for the 112 unit building is a minimum of 152 spaces. The applicant is proposing 71 parking spaces located
within the covered parking garage on the ground level of the building, 67 parking spaces located in the uncovered
parking lot adjacent to the building, and 14 on-street parking spaces split along N 25th Avenue and Breeze Lane. The
total 152 parking spaces meet the stall, aisle, and driveway design requirements of Section 38.540.020, including 18
proposed compact spaces. A total of 16 bicycle parking spaces are required for the residential units according to the
standards in BMC 38.540.050.A.4. The applicant is proposing 7 bicycle racks located outside at the north end of the
proposed building adjacent to the proposed parking lot and 3 additional bicycle racks located outside on the east side
of the building adjacent to N 25th Avenue. The proposed bicycle racks would be an inverted U style rack and provide a
total of 20 spaces (2 bicycle spaces per each installed rack). Bicycle parking areas meet the length and width
dimensions for each stall and utilize the adjacent sidewalk to meet circulation requirements. The proposed vehicle
parking and bicycle parking spaces to serve this site are in conformance with the standards of Sec. 38.540.
Loading and unloading area requirements 38.540.080 N/A
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A
Additional berth – minimum 45 feet length N/A
Comments: The proposed development has no proposed off-street loading berths.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes
Additional screening N/A
Street frontage Yes
Street median island N/A
Acceptable landscape materials Yes
Protection of landscape areas N/A
Irrigation: plan, water source, system type Yes
Residential adjacency N/A
Comments: The subject property is zoned R-5, Residential Mixed-Use High Density District which is considered a
residential zoning district. The surrounding adjacent properties are also zoned with a mixture of residential districts and
contain residential uses. The subject property is surrounded on all sides with City street frontages and therefore street
frontage landscaping in required. The proposed trees within the N 27th Avenue frontage include seven Thornless Honey
Locust, six Amur Maackia within the Breeze Lane frontage, three Amur Maackia within the Tschache Lane frontage, and
three English Hawthorn within the N 25th Avenue frontage. The number of street trees along Tschache Lane frontage is
reduced due to the existing bus stop location and along N 25th Avenue due to the proposed parking lot and underground
building entrance. Proposed tree species and locations along the street frontages have been reviewed by the City’s
Forestry Department. The submitted landscape plan provides parking lot landscaping meeting the requirements of
38.550.050.C. A minimum of 1,340 square feet of landscape area is required based on the number of proposed parking
spaces in the uncovered parking lot. The applicant is exceeding the required parking landscaping by providing
approximately 1,652 square feet of landscaped area. Additionally, six Ohio Buckeye deciduous trees will be planted within
landscaped medians throughout the interior area of the parking lot, and six Ivory Silk Japanese Lilac trees will be planted
throughout the exterior area of the parking lot. The parking lot will be screened from N 25th Avenue by a mixture of
dogwoods, spruce, and Pygmy Peashrubs which all have a maximum mature height of 6-feet. The stormwater facility
along Tschache Lane and N 25th Avenue will also be landscaped in order to qualify as shared open space. The proposed
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Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 20 of 21
stormwater landscaping includes six large Colorado spruce trees with a mature height between 25-feet and 40-feet, one
Lilac tree with a mature height between 15-feet and 25-feet, twelve Apache Plume shrubs with a mature height of 6-feet
and nine Blizzard Mock Orange shrubs with a mature height of 6-feet. The remaining areas of the site will be seeded with
a blend of native seed mixture for ground cover. The provided landscaping plan conforms to the landscaping standards
within BMC 38.550. The landscaping and irrigation plans were reviewed by the Water Conservation Division for
compliance with the recently approved ordinance #2155 for water efficient landscaping and the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
Landscaping of public lands 38.550.070 Yes
Comments: Landscaping will be provided along all adjacent street rights-of-way compliant with BMC 38.550.070.
Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the adjacent
property owner.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 N/A N/A
Proposed SF/building N/A N/A
Comments: No signage is approved with this application or required for residential uses. Signs permits must first be
obtained prior to the installation of any residential identification signs.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: Site lighting is proposed at all building entrances, including the ground floor residential unit entries along N
27th Avenue and Breeze Lane, and within the external parking lot. Additionally, street lighting is proposed along N 27th
Avenue which has been reviewed by the Engineering Department. The required public street lights must be included
in a Special Improvement Lighting District (SILD) prior to issuance of final occupancy. This requirement has been
included as code provision #3. Footcandles do not exceed maximums at the property lines for residential and public
street adjacency and the proposed illuminance for building entrances averages 5.0 maintained footcandles. All site
lighting conforms to cutoff and intensity standards.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 N/A
Wetland regulations 38.610 N/A
Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not
applicable to this development.
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this
report. No public comments were received during the public notice period.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions Yes
Required easements N/A
Comments: The R-5 zoning district requires a 5-feet wide side setback. The applicant has submitted a subdivision
exemption (#24575) with the Common Open Space lot in the northwest corner to move the shorter northern property
line further north to accommodate the proposed building and the required side setback. Without the approved
subdivision exemption, the proposed structure would not comply with the R-5 zoning setbacks. Code provision #1
requires the subdivision exemption #24575 to be approved and recorded with the Gallatin County Clerk and Recorders
Office prior to final site plan approval in order to demonstrate compliance. Additionally, no building permits may be
issued by the City until the lot lines are relocated in compliance with all zoning regulations. Required easements have
Staff Report
Compass Apartments Site Plan
Application No. 24088
November 20, 2024
Page 21 of 21
been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any
required easements have been included as application conditions or code provisions.