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HomeMy WebLinkAbout21073 Staff Report Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 1 of 16 Application No. 21073 Type Modification to an Approved Plan Project Name Village Downtown Lot 5 Summary A Modification application to change the building footprint and site planning elements for an approved Final Site Plan 05-101 and to construct a 92-unit residential apartment building. Zoning R-4 Growth Policy Residential Parcel Size 3.408 acres Overlay District(s) NA Street Address 130 Village Crossing Way Legal Description Minor Sub 344, S07, T 02 S, R06 E, Lot 5, Owner Delaney and Company, Inc, 101 E. Main St. Suite D, Bozeman, MT 59715 Applicant Northeast Bozeman Venture, LLC, 503 S. Willson Ave., Bozeman, MT 59715 Representative Ryan Krueger, Intrinsik Architecture, 111 N. Tracy Ave, Bozeman, MT 59715 Staff Planner Jacob Miller Engineer Cody Flammond Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad NA NA NA NA Advisory Boards Board Date Recommendation DRC DRC – 3/17/21 Adequacy Determination Recommendation Sufficient for approval with conditions Decision Authority Director of Community Development Date April 30, 2021 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 2 of 16 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) The applicant proposed to the City a Modification (MOD) to update the several elements of the approved plan, including a reduced building footprint and impervious surface, increase total number of units by less than 5% and additional amenities for tenants. The parking will remain the same as the previously approved plan. The purposes of the Modification 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 Modification and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Modification would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Modification has been found to meet the criteria of Ch. 38, BMC, and is therefore granted preliminary approval, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Modification complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this _30th__ day of __April__, 2021, Martin Matsen, Director of Community Development, granted preliminary approval with conditions this Modification for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. The approval of this Modification shall be effective for twelve (12) months from the date of this approval. At the end of this period the Director may, at the request of the developer, extend the approval in accordance with Ch. 38 Art.230, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 3 of 16 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development 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 issuance Final Plan Approval and building permits, the applicant must pay the full amount of Cash-in-lieu of water rights per Bozeman Municipal Code, Section 38.410.130.D.3. 3. Prior to issuance of building permits, the applicant must pay the full amount of cash-in-lieu of parkland per Bozeman Municipal Code, Section 38.420.030. Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 4 of 16 Figure 1: Zoning and Vicinity Map Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 5 of 16 Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 6 of 16 Figure 2: Growth Policy Map Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 7 of 16 Figure 3: Current Land Use Figure 4: Site Plan Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 8 of 16 Figure 4: Perspectives Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 9 of 16 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 to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4 Yes Comments: The uses are 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 including the following goals and objectives: - Goal N-1: Support well-planned walkable neighborhoods. This project advances this objective by providing infill development matching the use seen in direct context surrounding the parcel at appropriate scales for the subdivision and in close proximity to the Downtown District, promoting walkability. 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 NA Condominium ownership Yes Yes Comments: No specific conflicts identified. 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. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The site plan criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, building materials and character are compatible to the immediate environment of the site and neighborhood. Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 10 of 16 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Apartments/Apartment buildings Yes Form and intensity standards 38.320 Yes Zoning R-4 Setback s (feet) Structures Parking / Loading Yes Front 15’ NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: The proposed dwellings are a principle use in R-4 zoning. The proposed setbacks meet the minimum requirement. 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 22% Allowed 50% Height 48’ 6” Allowed 34’ Yes* Comments: The proposed building height is entitled through the PUD process. General land use standards and requirements 38.350 Yes Comments: All encroachments are in conformance to standards. Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type None Yes Comments: The proposed development meets general land use standards. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 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 Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A traffic impact study was conducted with the original master site plan application. Street dedication No Yes Drive access locations and widths Yes Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 11 of 16 Number of drive accesses 2 Yes Street easements Yes Special Improvement Districts (SID) No Yes Comments: There is an access to the surface parking lot from Village Crossing Way and access to the structured parking garage from Village Downtown Boulevard Parking requirements of 38.540 Required parking nonresidential NA Yes Required parking residential 122 Reductions nonresidential NA Reductions residential NA Provided parking off street 122 On street parking NA Comments: Parking for the proposed 92 residential units is provided by a combination of surface parking and structured parking. 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 2 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes 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: This project complies with requirements. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements Yes Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities Yes Comments: A linear park and public access easement was recorded with the original master site plan. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 12 of 16 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: This project complies with standards. 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: This project complies with standards. CILWR will be paid prior to Final Approval and issuance of building permits as described in the conditions of approval. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: A stormwater report was provided and approved by Engineering. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Reviewed and approved by Engineering Division 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 Yes Park/Recreational area design Yes Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes 6.14 ac. X 4 units/ac. X ___ ac.= ___ Cash donation in-lieu(CIL) Yes Yes Improvements in-lieu Yes Yes Comments: CIL of parkland is to be paid prior to issuance of building permits. Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 13 of 16 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 property meets the Landscaped block frontage standards. The building designs are compatible with the immediate environment and surrounding neighborhoods. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 NA Comments: Vehicular circulation is not required for this project. All other standards have been met. 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 Site Planning and Design Elements 38.520 Yes Comments: This MOD proposal a smaller building footprint, reducing the effect on the neighboring wetlands. 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 NA 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 Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 14 of 16 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA Yes Irrigation: plan, water source, system type Yes, well, (sprinkler irrigation) Trees for residential adjacency NA 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 NA Addition al NA NA Fencing and walls NA NA Comments: The project proposes boulevard trees and adheres to forestry and UDC requirements. 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 Comments: Project meets requirements. Open space is provided through balconies, shared open space and a clubhouse. Sidewalks, crosswalks and pedestrian access are all provided and include adequate landscaping. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 Yes Total required NA Yes Total provided NA Yes Comments: Balconies, and shared open space areas are provided. Open space calculations based on the current code are not applicable because the entitlements were vested through the previously approved master site plan. 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 lighting and site lighting meets standards. Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 15 of 16 Proposed (sq. ft) NA Comments: No signage is proposed. 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: ADS underground stormwater system Yes Comments: The underground stormwater system provided has been reviewed by engineering and determined to be adequate to handle the stormwater runoff from the project. 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 has provided a linear park and public access easement and constructed a trail to the wetlands to the NE of the project. A wetland delineation was conducted in 2020 and was determined that the project will not have a negative impact on the adjacent wetland. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 Yes Wetland regulations 38.610 Yes Comments: A wetland delineation was conducted in 2020 and was determined that the project will not have a negative impact on the adjacent wetland. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment NA Yes Comments: This project was not required to go through public comment. 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? Staff Report Village Downtown Lot 5 MOD Application 21073 April 29, 2021 Page 16 of 16 Subdivision exemption NA NA Required Easements NA NA Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: Not applicable the project is proposed on one lot and will be all rental units. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 1 Yes Comments: This project will be constructed in one phase.