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HomeMy WebLinkAbout19231 Staff Report.docx Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 1 of 12 Application No. 19231 Type Site Plan Project Name Bozeman East Mixed Use Phase 1 Summary A Site Plan allow for the construction of two buildings, one mixed use and one multi-family or as identified on the plan as Buildings 3/C and 4/D. This project is part of a Master Site Plan of a phased development containing two mixed-use buildings with storefront commercial space along Tschache Lane and two apartment buildings. Site improvements with this phase include parking lot, open space, parkland, and pedestrian pathways. Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 11.85 acres Overlay District(s) None Street Address 1400 N. 19th Avenue, Bozeman, MT 59715 Legal Description Bridger Peaks Village Sub, S01, T02 S, R05 E, Lot 5, Acres 11.83, Plat J-368 plus interest in common area Owner Saccoccia Lands, LLC, 1234 Springhill Road, Belgrade, MT 59714 Applicant Bridger Peak Land Development, LLC, 101 E. Front Street, Suite 304, Missoula, MT 59802 Representative TD&H Engineering, 1800 River Drive North, Great Falls, MT 59401 Staff Planner Sarah Rosenberg Engineer Karl Johnson Park Planner Addi Jadin Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 5/3 – 5/18/2021 5/3/2021 5/3/2021 NA Advisory Boards Board Date Recommendation Development Review Committee 5/22/2021 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Administrative Design Review Board 9/3/2020 The ADR reviewed and made recommendations for the project. Recommendation Approval with conditions and code provisions Decision Authority Director of Community Development Date: DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 6/17/2021 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 2 of 12 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 two buildings, one mixed use and the other a multi-family in the B-2 zone 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 has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2021 Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT 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. DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 6/17/2021 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 3 of 12 Figure 1: Current Zoning Map DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 4 of 12 Figure 2: Current land use DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 5 of 12 Figure 3: Master Site Plan DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 6 of 12 Figure 4: Building B elevations with ground floor residential DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 7 of 12 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 Regional Commercial and Services Yes Zoning B-2 (Community Business District) Yes Comments: The uses are conditionally allowed within the zoning district which was approved by the City Commission through the MSP/CUP application 19230 on May 18, 2021. The property is within the City’s municipal services area and contributes to the goals of the Growth Policy. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership NA Comments: There is no condominium ownership affiliated with this application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 2 Yes Comments: The site plan criteria are met for this application. There are two phases within the overall MSP. This site plan application is only for one phase constructing buildings 3/C and 4/D with associated site improvements. The second phase will require a subsequent site plan application. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: A conditional use permit was approved by the City Commission on May 18, 2021 to allow for ground floor residential. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Commercial shell space and apartments Yes Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front Block frontage NA DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 8 of 12 Rear 10’ 10’ Side 5’ 8’ Alley NA NA Comments: The proposed setbacks meet all B-2 zone district standards. For block frontage analysis, see Section 7a on page 14. Lot coverage 69% Allowed 100% Yes Building height 49’9” Allowed 66’ Yes Comments: Since the property is designated as regional and commercial services laid out by the future land use map, the building height is permitted a 50% increase in height from the underlying zone district. Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no zone specific of overlay standards required to be met on this application. General land use standards and requirements 38.350 Yes Comments: The project is in compliance with the land use standards and requirements set by this section. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: There is no applicable supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing is required. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A transportation impact study was required and reviewed by the Engineering Division and found adequate to standards. The property is an infill site with existing transportation infrastructure to serve the site. Sidewalks 38.400.080 Yes Comments: Crosswalks and sidewalks are provided throughout the development. Drive access 38.400.090 Access to site: # 3 Yes Fire lanes, curbs, signage and striping Yes Comments: Ingress and egress are provided by two main entry points on the north side of the site off Tschache Lane. An additional gated emergency access is located on the south of the site that connects to the adjacent Bridger Peaks Town Center. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: A dedicated 30-foot wide pedestrian easement connects from North Patrick Street northwest through the site to Sacco Drive. No public transportation is included within the project, however, there is a public transit stop nearby at the Bridger Peaks Town Center to the southwest. DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 9 of 12 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 Yes Comments: The neighborhood center is comprised of a pedestrian plaza and park space. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: In order to meet the block length standards, a 30-foot wide pedestrian easement runs through the center of the property connecting Patrick Street on the east side and Sacco Drive on the north side. 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: A waterline utility, sewer and water pipeline access, and stormwater drainage easement have been provided and recorded. Water, sewer, and stormwater design plans were reviewed by the Engineering Division and found to be adequate. Municipal infrastructure requirements 38.410.070 Yes Comments: The street, water, sewer, and storm infrastructure will be upgraded with this application to service the property with the exception that the storm line will be extended to the full design and piped into the detention pond in Phase 2. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: The Engineering Division finds that the grading plan meets standards. The stormwater management plan requires a correction prior to master site plan approval as outlined in the code provisions. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: A watercourse is located on the eastern portion of the property that adheres to the watercourse setback and planting plan. There are no structures within the watercourse setback. There is a gravel fines pedestrian trail that is located in Zone 2, which is allowed under the exceptions. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 9 ac. X 12 units/ac. X 0.03 ac.= 3.25 ac. Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu Yes Comments: To meet parkland dedication, the following is provided: in accordance with 38.420.100.A.2, .6 acres of additional onsite open space and trail easement, improvements-in-lieu, and cash-in-lieu (contingent on City Commission approval of parkland waiver). Per 38.420.100.B, public access has been granted across the additional open space. Improvements-in-lieu include a shelter, gravel path, covered benches, fenced dog area, trash receptacles, community garden, additional landscaping, and signage as depicted in Exhibit 4-Parkland Exhibit of the application materials. The Master Park Plan was approved by the City Commission on May 18, 2021. All parkland and improvements will be constructed with this phase. DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 10 of 12 Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 Yes Park/Recreational area design Yes Comments: The trail easement provides a key link between Baxter and Oak and provides additional trail-side recreational assets to be maintained into perpetuity by the property owners. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed, Special Residential, Park/Trail Yes Departure criteria 38.510.030.I Trail/Park Block Frontage Yes Comments: Tschache Lane is mixed block frontage, which complies with storefront block frontage. The mixed-use buildings that front onto Tschache Lane have a 13’ wide sidewalk, meets façade transparency, weather protection, building entrance, non-residential space depth, and floor to ceiling height. All apartment buildings with ground floor residential must adhere to the special residential block frontage standards. The residences with ground floor living space utilize the raised deck option that provides at least 60 feet of porch raised up at least 1 foot above grade. All of these porches contain a low fence between the sidewalk and patio. A departure is requested from trail/park frontage, where a property fronts on to a park or public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. The applicant is requesting to allow parking adjacent to the trail/park in-lieu of a building. To mitigate for this there is a 5.5-foot wide landscape buffer between the park area and parking and a 20-foot landscape buffer where the trail is directly adjacent to the parking. The applicant’s justification is that since the buildings are centrally located to encourage interaction between the residents and various buildings, moving a building to the east to front onto the park creates separation and requires residents to have to cross parking lots and drive aisles to get to community amenities. The DRC reviewed the departure request and finds that the justification and alternative proposal meets the intent of the standards, there is appropriate buffering utilized between the parking lot and trail, and that there is adequate connection from the buildings to the trail and park. 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: Every building has access to a sidewalk. There a walkways connecting the buildings to one another and crosswalks where a walkway crosses an on-site paved area. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: The vehicular circulation throughout the site is via driveway lanes. There are two driveway entrances off Tschache. On-site open space 38.520.060 Yes Total required Residential: 35,700 sf; Commercial: 2% Yes DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 11 of 12 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 350 Yes Parking requirements residential 38.540.050.A.1 299 Reductions residential 38.540.050.A.1.b None Parking requirements nonresidential 38.540.050.A.2 51 Reductions nonresidential 38.540.050.A.2.c 50% mixed use reduction Provided off-street 347 Provided on-street 5 Bicycle parking 38.540.050.A.4 52 Comments: With this phase, 350 of the 522 parking spaces will be provided. In total, there will be 522 spaces. There are 80 bicycle parking spaces, 24 of them which are covered. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: There is no loading and uploading area. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: Over 75% of the landscaping is drought tolerant. 10,440 sf of parking lot landscaping is required with 10,508 sf provided. All other landscaping requirements are met. Landscaping of public lands 38.550.070 Yes Total provided Residential: 41,514 sf; Commercial: 3187 sf Yes Comments: Residential open space consists of private patios, common open space areas with amenities that include a pool/spa, fitness area, plaza space, and bike tuning area. Commercial open space includes common open space adjacent to the buildings that provides landscaping and seating areas. All common open space will be constructed with this phase. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: All roof mounted mechanical equipment is screened via parapet or roof top screening. Ground related equipment and utility meters are screened through a combination of fencing and landscaping. Any equipment that is located along a pedestrian oriented area is heavily screened. 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 two buildings affiliated with this phase meet building design standards. The primary materials use on the buildings is brick, cementitious stucco, and cmu masonry. DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6 Staff Report Bozeman East Mixed Use Application 19231 June 17, 2021 Page 12 of 12 Comments: Trees along Tschache meet street landscaping standards. The park to the east meets landscaping requirements. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signage is proposed with this application. A comprehensive sign plan is required prior to any signage erected. 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: All lighting meets cut off standards. There is no spillover to adjacent properties. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 Yes Comments: There are no floodplains on the property. Wetlands are located on the eastern portion and the watercourse setback standards that must adhere to this are outlined in section 6b above. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment 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 document. No public comment has been received at the writing of this report. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: There is no subdivision exemption affiliated with this project. DocuSign Envelope ID: 86CD92A0-F3CF-4D36-B4C9-7B281229EBE6