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HomeMy WebLinkAbout21379 Staff Report Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 1 of 14 Application No. 21379 Type Site Plan Project Name Oak and Cottonwood Apartments Phase 1 Site Plan (SP) Summary A site plan application to construct 36 two-bedroom apartments in three 12-unit buildings as a part of phase 1 of the Oak and Cottonwood Apartments Master Site Plan. The development includes parking, sidewalks, landscaping, open space, and other associated site improvements. Zoning R-O Growth Policy Urban Neighborhood Parcel Size 3.1292 Acres Overlay District(s) None Street Address Addresses TBD Legal Description Flanders Creek Sub, S04, T02 S, R05 E, Block 5, Lot 5, Acres 1.611, Plat J-434 Plus Open Space, City of Bozeman, Gallatin County, Montana. Owner L&S Properties, 2013 E. Silver Circle, Belgrade, MT 59714 Applicant Same as Owner Representative JDS Architects, 719 W. Mendenhall, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/09/22 – 8/24/22 8/9/22 8/9/22 N/A Advisory Boards Board Date Recommendation Development Review Committee 8/5/22 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date 11/21/22 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 2 of 14 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 36 two-bedroom apartments in three 12-unit buildings as a part of phase 1 of the Oak and Cottonwood Apartments Master Site Plan. 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 ________________, 2022, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 3 of 14 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. Provide executed hard copies of the required public utility easements and the sewer pipeline and access easement agreement meeting the city approved easement language to the review engineer prior to final site plan approval. 3. Master Site Plan and Site Plan approval are pending receipt of the executed hard copy of the Sewer and Water Pipeline Access Easement, final review, commission approval, and filing with the county clerk. Please submit the hard copy to the review engineers – Mikaela Schultz, and Simon Lindley. 4. City of Bozeman Resolution 5076, Policy 1- Please execute and provide a copy of the recorded SID Waiver to the review engineer prior to final site plan approval. CODE PROVISIONS 1. BMC 38.420.030 - Cash donation in-lieu of land dedication. Provide proof of payment and approval for CILP from the Parks Department prior to final site plan approval. Contact Matthew Lee, mjlee@bozeman.net with any questions. 2. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total based on estimated annual municipal water demand. 3. BMC 38.270.030.D - Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, if the criteria listed in this section are met. Provide concurrent construction approval prior to building permit approval. Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 4 of 14 Figure 1: Current Zoning Map Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 5 of 14 Figure 2: Site Plan Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 6 of 14 Figure 3: Landscape Plan Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 November 18, 2022 Page 7 of 14 Figure 4: Phasing Plan Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 8 of 14 Figure 5: Perspective Views Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 9 of 14 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-O, Residential-Office District Yes Comments: The project conforms to the requirements of the R-O zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-O zoning district. The proposed project conforms to this designation by providing urban density homes in proximity to commercial mixed-use districts. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of 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. 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 master site plan includes work in two phases across two lots. No sub-phasing plan was provided for phase 1. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Yes Form and intensity standards 38.320 Zoning: R-O Setbacks (feet) Structures Parking / Loading Yes Front Landscape Frontage NA Rear NA NA Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 10 of 14 Side 5 NA Alley NA NA Comments: The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses. Primary use shall be measured by percentage of building floor area. The proposed uses of 100% residential apartments by building floor area is consistent with the underlying growth policy designation of urban neighborhood. The proposed project fronts Twin Lakes Avenue and Flanders Way, but is separated from the West Oak Street frontage by a subdivision stormwater tract. The application provides a 10-foot front setback meeting the landscaped block frontage standard for Flanders Way and Twin Lakes Avenue on the west and south property lines. The interior east lot line is shared with phase 2 for access. Lot coverage 24.3% Allowed No Max Yes Building height 40’4” Allowed 60’ Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 Yes Comments: There are no proposed encroachments. Upper level balconies do not encroach into setbacks. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type None NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 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 NA Access easements NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division however, a peak-hour trip generation letter was provided by the Applicant to ensure that the proposed project would not exceed the original assumed trip estimates reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for future transportation improvements was provided by the applicant ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 11 of 14 Comments: Sidewalks will be constructed Along Flanders Way and Twin Lakes Avenue. Sidewalks exist along Oak Street. A secondary sidewalk will front the north side of the property for access, and will connect directly to the public sidewalk system around the platted stormwater ponds along Oak. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: The project proposes a shared access from Flanders Way with Phase 2, as well as an access from Twin Lakes, consistent with the master site plan approval. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: No transportation pathways or public transportation facilities are proposed with this application. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering. Payment of CIL of water rights is a required condition of approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. Phase 1 proposes an underground stormwater chamber below the open space. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 0.172 ac. CIL required Yes Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 12 of 14 Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: Coordinate final dollar amount calculation and payment with Matthew Lee with the Parks Department. This amount must be verified by parks and paid by the applicant prior to final site plan approval. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. A developed public park exists approximately a quarter mile to the southwest and can be accessed via a public sidewalks crossing local streets. Two yet undeveloped City parks also are located less than a quarter mile to the northeast and northwest across Oak Street. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped, Special Residential Yes Departure criteria None requested Yes Comments: Flanders Way and Twin Lakes Avenue are both Landscaped Frontages. The applicant is proposing a 10-foot setback along those frontages and is meeting the residential transparency requirements. The project meets the building placement, façade transparency, parking location, and sidewalk width requirements. The primary entrances are open air through the buildings providing the adequate weather protection. Individual sidewalk connections to front facing patios are also provided with covered concrete patios. The applicant is providing a 10-foot setback between living areas that face internal circulation, meeting the special residential separation requirements. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian paths through the site and to the open space and service areas meet the standards in this section for location, connections, and widths. The application proposes stamped concrete crosswalks. Landscaping is provided as required between buildings and walkways. 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: NA On-site open space 38.520.060 Total required 5,400 square feet Yes Total provided 5,655 square feet Yes Comments: 1,551 square feet provided in one common open space areas in phase 1. Upper level balconies meeting the area and dimensional requirements total 2,700 square feet (50% of the required Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 13 of 14 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 72 spaces Reductions residential 38.540.050.A.1.b 10% Transit Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 78 spaces Provided on-street 0 Bicycle parking 38.540.050.A.4 20 Comments: Parking is proposed to be provided for the 36 2 two-bedroom units in the off-street parking lot, with a 7 space reduction for proximity to a covered transit stop at Gallatin High School. A total of 65 stalls is required with 78 provided off-street. Phase 1 does not exceed the 125% maximum. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. 6 bicycle parking spaces are required at 20 are provided. Bike parking will be provided central to the site, adjacent to the open space area and each building with compliant U-style bike racks and within buildings in common hallways. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening NA total). First floor private open space areas make up 1,404 square feet will be screened with landscaping as required. The common open space is a grassy area with seating and bike racks. It is proposed to be screened from adjacent residential windows with landscaping beds, and from the parking lot and an electrical transformer with a split rail fence. Stormwater retention was moved underground to maximize usability of the area. When phase two is built, landscape screening from the adjacent building to the east will be added shrinking this area in size, but phase 2 will also add additional larger open space opportunities for residents. Total open space provided in phase 1 is 5,655 square feet. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Solid waste will be collected via two enclosures in the parking lot. The enclosures meet the screening standards in this section and adequate adjacent landscaping is provided. Power and gas meters will be screened with landscaping. 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 three buildings are meeting the building design standards of this section. Entries, building materials, and vertical articulation serve to break up the elevations. Building materials consist of fir rainscreen with natural wood stain, corrugated metal, fiber cement siding, and board formed concrete and meet standards for durability and variety. Staff Report Oak and Cottonwood Apartments Phase 1 Site Plan Application No. 21379 September 7, 2022 Page 14 of 14 Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along Flanders Way and Twin Lakes Avenue. Species and placement was reviewed by Forestry. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application. A sign permit application is required prior to the installation of any signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The proposed building mounted wall packs and parking lot lighting meet the required cutoff and intensity requirements. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was provided. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No subdivision exemptions were required with this application. Access & Utility easements are required and must be executed and provided to engineering prior to final site plan approval.