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HomeMy WebLinkAbout19495 Staff Report Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 1 of 20 Application No. 19495 Type Site Plan and Conditional Use Permit (CUP) for the Community Center use in the R-5 zoning district. Project Name Headwaters Academy Site Plan & CUP Summary A proposed change of use from Single Household Residential to Community Center, a conditional use in the R-5 (Residential Mixed-Use High Density) District. The existing two- story 5,684 square foot house is proposed to be reused for office administration and assembly space for the school, and a new 7,700 square foot classroom building is proposed with associated parking, open space, landscaping and other site improvements on a 3.021- acre lot. Zoning R-5 Growth Policy Residential Parcel Size 3.021 Acres 131,595 SF Overlay District(s) None Street Address 1005 Durston Rd, Bozeman, MT 59715 Legal Description S01, T02 S, R05 E, Acres 3.021, Tract In S2, City of Bozeman, Gallatin County, Montana. Owner The Headwaters Academy, Inc., 1005 Durston Rd, Bozeman, MT 59715 Applicant Same as owner Representative Legends Studio, 3805 Valley Commons Dr., Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Anna Russell Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad June 28 - July 13, 2020 June 28, 2019 June 26, 2019 June 28 and July 5, 2019 Advisory Boards Board Date Recommendation None Recommendation The application conforms to standards and is sufficient for approval with conditions and code provisions. Decision Authority City Commission (Quasi-judicial) Date July 13, 2020 MOTION: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19495 and move to approve the Headwaters Academy Site Plan and Conditional Use Permit application subject to conditions and all applicable code provisions.” EXECUTIVE SUMMARY The subject property is located north of the intersection of Durston Road and North 10th Avenue and is bound on the north, west, and east by undeveloped R-5 zoned land, and to the south by Durston Road and adjacent residential development. The property is zoned R-5, residential mixed use high-density district and the adopted growth policy designation is Residential. An existing single household structure exists on the site, as well as several accessory buildings. Mandeville Creek and its associated wetland runs adjacent to the west side of the property, and a pond is present that drains into the creek. A site plan application and conditional use permit to allow the single household structure to be re-used as a community center, and a new classroom building was submitted on November 25, 2019. A community center is a conditional use in R-5 zoning. The application was reviewed by the Development Review Committee (DRC) and revisions were submitted on March 4, 2020, Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 2 of 20 and May 20, 2020. The application was deemed adequate on June 19, 2020. Notice of a public hearing for the site plan and conditional use permit was conducted beginning June 28, 2020. The application proposes the existing structure be repaired and re-used without significant alteration as an administration and assembly space for the school and community, and a new 7,700 square foot classroom building is proposed at the block frontage along Durston Road. The proposal includes 59 parking spaces, sheltered bicycle parking, pedestrian pathways, lighting, open space, landscaping, drainage and a 50-foot watercourse and wetland buffer. Staff findings are detailed below and include findings for all applicable review criteria listed in Section 38.230 of the Bozeman Municipal Code (BMC). The project was found to conform to standards and is sufficient for approval with conditions and code provisions. The conditional use permit criteria listed in Section 38.230.110 BMC is also detailed below on page 17 of this report. Staff found the site to be adequate in size and topography to accommodate the proposed use and relate the use with the surrounding land uses, and that the proposed use will have no material adverse effects on the abutting properties. No additional conditions of approval for the use are recommended other than those listed in this report. UNRESOLVED ISSUES None ALTERNATIVES 1. Approve the application with the recommended conditions and report findings; 2. Approve the application with modifications to the recommended conditions and modifications to the report findings; 3. Deny the application based on the City Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................................................... 1 UNRESOLVED ISSUES ................................................................................................................................. 2 ALTERNATIVES ............................................................................................................................................. 2 SECTION 1 RECOMMENDED CONDITIONS OF APPROVAL............................................................................. 3 SECTION 2 MAPS AND DRAWINGS .................................................................................................................... 4 SECTION 3 ANALYSIS AND FINDINGS ............................................................................................................... 8 SECTION 4 CONDITIONAL USE PERMIT REVIEW CRITERIA ......................................................................... 18 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY .................................................................... 18 APPENDIX B - NOTICING AND PUBLIC COMMENT ......................................................................................... 19 ATTACHMENTS .................................................................................................................................................. 20 Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 3 of 20 SECTION 1 RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Prior to final plan approval, provide a signed 30-foot public access and utility easement that utilizes the correct language required by the City of Bozeman. The applicant should contact the City of Bozeman Engineering Department (Anna Russell) to receive the current standard language. 3. Prior to final plan approval, provide final water usage numbers to determine if a cash-in-lieu of water rights payment is required. 4. Prior to final plan approval, provide the required 20-feet of additional right-of-way along Durston Road. The applicant should contact the City of Bozeman Engineering Department (Anna Russell) for the required City standard documents. 5. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 6. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: a) Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: 1) After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 2) Final zoning approval to reuse the property for another principal or conditional use is granted; 3) The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. b) A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. c) If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in Section 38.200.160. Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 4 of 20 SECTION 2 MAPS AND DRAWINGS Figure 1: Zoning and Vicinity Map Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 5 of 20 Figure 2: Future Land Use and Zoning Map Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 6 of 20 Figure 3: Proposed Architectural Site Plan Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 7 of 20 Figure 4: Proposed Civil Site Plan Figure 5: Proposed Landscaping Plan North Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 8 of 20 Figure 6: Proposed Landscaping Plan South Figure 7: Existing Buildings Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 9 of 20 Figure 8: Proposed Building Perspectives Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 10 of 20 SECTION 3 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 City Commission and the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Residential Yes Zoning R-5, Residential Mixed-Use High Density District Yes w/ CUP Approval Comments: The uses are conditionally allowed within the zoning district. The property is within the City’s municipal service area. Staff finds that the project does contribute to the goals of the growth policy. See Appendix A below for more details on the zoning district and growth policy. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: There are no current violations on the subject property 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes w/ CUP Approval Condominium ownership NA NA Comments: The proposed uses of the site are conditionally allowed in the R-5 district. With CUP approval, no specific conflicts are identified. Additional steps will be required including but not limited, review by the City Commission for the CUP, final plan documents and approval of building permits. The Building Division will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The proposed building is compatible with the general pattern of development in the area, no major changes are proposed to the existing structure, small outbuildings such as sheds, and a greenhouse foundation will be demolished. The proposed single-story classroom building, parking and landscaping meets the applicable design criteria including block frontage and open spaces. The site design provides appropriate parking and denotes proper circulation. The site plan addresses the non-motorized transportation network through the provision of direct and efficient pedestrian connections to public sidewalks and shared use pathways. The existing garage is classified as a nonconforming structure and subject to review under Section 38.280.040-050 due to its location in the watercourse setback. The proposed alterations are limited to interior and exterior finishes and lighting and will not destroy the structure in excess of the required thresholds to maintain a nonconforming structure. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Community Center Yes w/ CUP approval Form and intensity standards 38.320 Yes Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 11 of 20 Zoning R-5 Setbacks (feet) Structures Parking / Loading Yes Front Block frontage Block Frontage Rear 20 NA Side 5 NA Alley NA NA Comments: The proposed setbacks meet all R-5 zone district standards. The landscaped frontage requires a 10- foot minimum landscaped setback from the front property line and the applicant has proposed 15-feet with an open space near the front entrance. The project meets the rear and side setback requirements for both the proposed structure and the existing primary structure. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 NA Building Height Requirements 38.320.010-.060 Yes Lot coverage 10.8% Allowed No Max. Height 28’ 3:12 Pitch Allowed 48’ Yes Comments: The proposed 28’ height of the classroom building is under the maximum 48’ allowed in R-5 zoning with a roof pitch of 3:12 to 6:12. General land use standards and requirements 38.350 Yes Comments: No setback encroachments proposed, there is no other applicable criteria in this section. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Community Center 38.360.080 Yes Comments: This proposed development is subject to the community center supplemental use criteria in Section 38.360.080 including proximity to a collector or arterial street, landscaped setbacks from adjacent residential uses, and ingress/egress. For community centers that exceed 5,000 gross square feet of floor area, a 20-foot landscaped setback between the building and the adjacent residential uses is required. The proposed instructional building exceeds 5,000 square feet. A structure separated from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or similar separation is exempt from the additional setback requirement. The proposed structure is separated from existing and future residential uses by Durston road to the south, a watercourse to the west, and a watercourse to the east that has a stormwater discharge easement over it. The placement of the instructional building in combination with the stormwater easement will ensure a separation of at least 20 feet from any adjacent structure to the east. Section 38.100.050 notes that the standards of Chapter 38 are minimum standards and that when there is a conflict in standards the more restrictive standard governs. The standards in 38.360.080 requiring two street accesses and 38.400.090 limiting street accesses are in conflict. The requirement for two vehicular ingress/egress points to comply with Section 38.400.90 was found to be unnecessary for emergency service needs by the Engineering Division and the Fire Department with inclusion of an interior fire hydrant, and compliant firetruck hammerhead turnaround. The purpose of two accesses for community centers is to ensure adequate emergency access. The site is of a configuration that the site design cannot be revised to comply with both standards. Given the single street frontage, the 268-foot width of the lot on the frontage, the presence of a watercourse setback on the west side of the lot, access alignment requirements with the existing 10th and Durston intersection, and the arterial spacing requirement of 660-feet between full drive accesses, and 315-feet between partial drive accesses, Staff finds that the access requirements of 38.400.090 are the higher standard and therefore the single drive access was found to be compliant with Section 38.400.090. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 12 of 20 Affordable housing plan NA Comments: Not applicable, no housing or wireless facilities are proposed. 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access No Traffic Impact Study (TIS) / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A TIS was required by the Engineering Division. The TIS, dated November, 2019, was reviewed and the findings found to be compliant with Engineering standards. Existing road conditions, level of service (LOS), and trip generation were found to not increase any road capacity problems in the area. This report is included in the available application documents. Durston Road is an MDT urban route; the applicant has been advised that they must apply for an approach permit from MDT. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1 Yes Street easements Yes Special Improvement Districts NA NA Comments: The site proposes 1 drive access off Durston Road. This access was reviewed by the City Engineer and Fire Department for compliance and safety standards. 20-feet of right-of-way along Durston is required, see condition of approval 4. Parking requirements of 38.540 Required parking nonresidential NA Yes Reductions nonresidential NA Required parking residential 53 Required bicycle parking (10% of required parking) 5 Provided parking off street 59 On street parking NA Comments: The project proposal follows the Senior High School parking calculation as required by staff. The calculation requires 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided. The applicant calculation accounts for 7 classroom/cafeteria spaces, 90 students, 2 non-teaching employees, and 570 square feet of assembly space for a total required parking of 53.3 spaces. The applicant proposes to provide 59 spaces including 3 ADA spaces. The project meets the minimum parking requirements and does not exceed the maximum parking requirements. 5 bicycle parking spaces are required in this section, 16 bicycle parking spaces are proposed on 8 U-shaped racks underneath an aluminum and clear acrylic panel bicycle shelter located interior to the site. A bike lane is present along Durston Road, and North 11th and North 15th to the west is a designated bike route. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? 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 Yes Vehicle accesses to site 1 Yes Pedestrian access location(s) Yes Site vision triangles Yes Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 13 of 20 Fire lanes, curbs, signage and striping NA Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks NA Curb ramps Yes Pedestrian lighting Yes Comments: Pedestrian lighting is proposed both as building mounted and ground mounted bollard fixtures along the pedestrian walkway adjacent to the classroom and administration buildings. This lighting will illuminate pedestrian paths and entrances to enhance convenience and safety for all users. No crosswalks are proposed through the parking and drive access areas, but a connecting sidewalk is provided between the buildings on the east side of the parking lot, which will also provide safe access to the solid waste enclosure. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements NA NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: The existing 4-foot sidewalk along Durston Rd. is proposed to be widened by 2-feet along the subject parcel frontage to comply with landscaped block frontage standards for 6-foot minimum sidewalks adjacent to arterial streets. A 7-foot concrete sidewalk will connect pedestrians to the interior of the site and to the building entrances. The single vehicular access was reviewed by the Engineering Division and Fire Department and found to be complaint with all applicable design and safety standards. Condition of approval 4 requires 20-feet of additional right of way along Durston Road. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: NA. No off-street loading berths are required for this use. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation NA Comments: NA, lot and block standards were not triggered by this application. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements 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: Cash-in-lieu of water rights payment may be required prior to final plan approval, condition of approval 3 required updated water usage numbers prior to that determination by Engineering. The project is located just outside of the Bozeman Solvent Site Controlled Groundwater area, and an exempt well approval was provided for irrigation by the DNRC. A 30-foot wide public access and utility easement is required in condition of approval 2. A private dry Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 14 of 20 utility design was proposed with a 10-foot utility easement along Durston and running interior to the site to the 8-foot x 8-foot transformer pad located near the solid waste enclosure. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: the Engineering Division reviewed the water, sewer and drainage plans and found them to be compliant with all design standards. Two basins were identified, a swale and detention pond is proposed along the west side of the parking lot in zone 2 of the watercourse setback for basin B, and a detention pond is proposed on the northeast side of the development for basin A with an outlet structure to the east side of the existing pond on the northwest side of the parcel in the watercourse setback. A 404 permit, for fill in jurisdictional streams and wetlands, from the U.S. Army Corps of Engineers (USACE) was acquired to put an outfall structure into the east side of the current pond and is compliant with watercourse setback provisions of Section 38.410.100. Landscaping as required by 38.410.080.H is compliant as proposed. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: See comment above 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). NA __ ac. X __ units/ac. X 0.03 ac.= __ ac. Cash donation in-lieu(CIL) Proposed use of CIL approved, and paid NA Improvements in-lieu NA NA Comments: Not applicable, no residential units are proposed. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Building Design 38.530 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: This parcel fronts a section of Durston Road designated a Landscaped Block Frontage. The design of the ground floor land use, building placement, building entrances, façade transparency, weather protection, parking location, landscaping and sidewalk width were all found to be compliant with this proposal and no departures were proposed. For building design, the use of weather protection features, change in roofline for a pitched roof, and structural expression provide adequate façade articulation for the single story building. Building details and materials meet the standards and no blank walls were found to be present. A structural enclosure and adequate landscaping are employed to screen the ground level service areas including the trash enclosure. Utility metering for the proposed new building is to be located on the north elevation and will not be visible to the public. Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 15 of 20 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 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: The building provides adequate circulation within the site and to the public sidewalk. The public sidewalk is proposed to be widened to 6-feet to meet the landscaped block frontage standards for an arterial street. A 7-foot sidewalk adjacent to parking will connect all buildings to the existing pedestrian network, service areas, and all open spaces. The proposal is meeting the requirement for 3-feet of landscaping between pathways and structures. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Landscaping Yes 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening Yes Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces 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 Trees for residential adjacency Yes City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping Yes Additional Watercourse setback plantings Yes Yes Fencing and walls NA NA Comments: The landscaping plan meets minimum standards listed above. The density of the existing vegetation along the watercourse setback does not warrant additional plantings at this time. All disturbed areas within the watercourse setback zone 1 will be seeded following construction with a riparian seed mix. This seed mix will also be used in the detention basins. A native seed mix will be used in zone 2 of the watercourse setback. Irrigated turf is proposed in all other landscaped areas not including planting beds. A number of trees will be removed from the site to facilitate the project with some existing trees to be preserved at the north end of the site. A berm and complaint plantings will be used on the west side of the frontage to screen the parking areas from Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 16 of 20 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building 0 Yes Proposed (sq. ft) 0 Comments: No signage is proposed with this application. Any signs proposed must be compliant with Section 38.560.060.B.3.c which states “Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted signage as if the underlying zoning were B-1.” 8a-c. Conformance with environmental and open space objectives in articles 4-6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Project meets requirements. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation Yes Comments: All stormwater facilities have been reviewed for compliance by Engineering and Planning staff. A stormwater maintenance plan has been provided. See the stormwater discussion under section 6b above. public view. Low level landscaping will be employed in front of the proposed classroom building to maintain views from the street. Boulevard trees are to be added to meet the 1 per 50-feet requirement. All areas outside of watercourse setbacks and detention areas are to be 75% drought tolerant. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space Yes Comments: Usable commercial open space is required per Section 38.520.060.C.1 for 2% of the site area. The applicant identified 111,097 square feet of site area per this standard with 2% equaling 2,222 square feet. Three open space areas are proposed, one at the front of site to contain benches and raised planting beds, one at the front of the existing structure to contain tables, benches and landscaping including a wheel chair accessible space, and one to the rear of the existing structure to contain landscaping, tables, and benches. A total of 2,226 square feet is to be provided, meeting the open space standards for usable area that is a visual amenity and a place for human activity. Landscaping along pedestrian pathways and around service areas is also proposed and compliant. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 Yes Total required 2,222 Yes Total provided 2,226 Yes Comments: See the open space discussion above under the landscaping section. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: The proposed building mounted and site lighting meets standards. Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 17 of 20 Watercourse and wetland protections and associated wildlife habitats Yes 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 Comments: The project meets watercourse setback design and landscaping. A wetland delineation was provided and reviewed by staff. Mandeville creek runs near the west side of the project site and contains an associated wetland. There is also an open water pond at the northwest side of the site. There is no wetland around the edge of the pond, or where it overflows to the creek. A 50-feet watercourse setback as required by code was identified and delineated to include the width of the wetland associated with the creek and around the pond. No impacts to the wetlands/watercourse are proposed and a 310 permit to manage impacts to perennial channel beds or their banks is not required. As discussed above a 404 permit for a stormwater outfall facility was obtained by the Applicant from the USACE for a stormwater outfall to the east side of the pond. Drainage design was reviewed by the Engineering Division. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 Yes Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 Yes Comments: See discussion under 8a-c above. A 50-foot watercourse setback has been established. Due to the density of existing vegetation, no additional setback plantings are required at this time. Some trees will be removed from zone 2 of the watercourse setback to accommodate stormwater facilities and disturbed areas will be reseeded. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment Yes Yes Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report. No public comment has been received as of the writing of this report. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements Public Access Easement Yes Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: A public access and utility easement is required, see condition of approval 2. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 1 Yes Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 18 of 20 SECTION 4 CONDITIONAL USE PERMIT REVIEW CRITERIA, SECTION 38.230.110, BMC. In addition to the review criteria of 38.230.100, the review authority shall in approving a conditional use permit, determine favorably the criteria in the table below. Section 38.230.110.E Additional review criteria for Special Use Permits Found favorable 1. The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: Staff has found the site is adequate for the proposed community center. Surrounding land uses include an undeveloped R-5 zoned residential parcel to the north, east, and west, and residential 1-4 household uses to the south. The applicant has provided adequate setbacks, lot coverage, access, parking, landscaping, open space, and a watercourse and wetlands buffer. The community center use fits well with the adjacent residential uses, as well as the existing high school property to the southwest. The applicant has indicated the desire to “interact on a regular basis with the high school through programs and activities.” The applicant has also indicated the desire to rent out the educational space and grounds to the community for meetings “such as community associations, clubs and groups.” 2. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. The project is adequate to meet required site plan criteria. The functionality of the existing site will be improved to be more compliant with watercourse setbacks, sanitation, and fire safety. The proposed classroom building is compliant with the landscaped block frontage standards and will provide clear pedestrian connections between the building and the sidewalk. The new building is also meeting all building design standards to provide high quality design in Bozeman’s built environment. A thoughtful layout of buildings, landscaping, and parking areas has been achieved and has been found to improve the site as a visual amenity from the street. 3. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: See page 3 of this staff report for conditions of approval. No additional conditions were found to be necessary for the proposed use. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-5 (Residential Mixed-Use High Density District). The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 19 of 20 2. Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Adopted Growth Policy Designation: The property is designated as “Residential.” This category designates places where the primary activity is urban density dwellings. Other uses, which complement residences, are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High-density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. Community centers are conditionally permitted non-residential uses in the zoning district correlated with the Residential growth policy designation. Staff finds that the project does contribute to the goals of the growth policy including the following goals and objectives:  Objective LU-1.4: Provide for and support infill development and redevelopment, which provides additional density of use while respecting the context of the existing development that surrounds it. Respect for context does not automatically prohibit difference in scale or design. The project meets this objective by proposing infill development within existing service areas in context to the surrounding development and future development.  Objective C-2.1: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. The projects meets this objective by providing adequate pedestrian and bicycle circulation within the development, and the design of the sheltered bicycle parking encourages the use of nearby bike lanes and bike routes.  Objective E-1.4: Protect riparian corridors to provide wildlife habitat and movement areas, and to buffer all wetlands and water bodies. The project meets this objective by proposing a wetland and watercourse setback that meets code requirements and will not be disturbed except where drainage design is required. APPENDIX B - NOTICING AND PUBLIC COMMENT Noticing has been provided pursuant to Section 38.220.420, BMC in advance of the City Commission hearing. No public comment has been received for this application. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. Staff Report Headwaters Academy SP / CUP Applications 19495 July 2, 2020 Page 20 of 20 ATTACHMENTS The most recent version of this application was received digitally in accordance with the City Manager’s Declaration of Emergency issued by the City on March 16, 2020. Online access to this application is available at https://www.bozeman.net/government/planning/using-the-planning-map. Select ‘Project Documents’ and navigate to application 19495 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application Documents including application checklists, and the Applicant’s narrative (compressed), Follow the link for full file size Application Plans including Civil, Landscaping, Electrical, and Architectural (compressed), Follow the link for full file size Due to the large file sizes, the following technical reports are not attached but available by link to the Planning Project Information Portal below: Wetland Delineation Sanitary Sewer Demand Trip Generation Memo Headwaters Storm Drainage Report Headwaters Traffic Impact Study Geotechnical Report