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HomeMy WebLinkAbout21327 Staff Report Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 1 of 18 Application No. 21327 Type Site Plan (SP) and Conditional Use Permit (CUP) Project Name University Crossing SP & CUP Summary This project contains two, three story buildings with 59 one-bedroom apartments between the two buildings and associated parking, open space, and infrastructure. In order to allow apartments with ground floor residential in the B-2 zoning district, a Conditional Use Permit (CUP) is required. The City Commission reviewed the CUP on August 9th and the motion to approve the CUP passed 4-1. The Applicant has requested one departure for light and air access and privacy along the side and rear property lines pursuant 38.520.030.C. Zoning B-2, Community Business Growth Policy Community Commercial Mixed Use Parcel Size 1.56 acres Overlay District(s) None Street Address 2025 W. Kagy Boulevard Legal Description Minor Sub 503A, S14, T02 S, R05 E, Lot 1A Owner 19th Capital Group LLC, 19 Lariat Loop, Bozeman MT 59715 Applicant Thomas Brown, Locati Architects, 1007 East Main St., Suite 101, Bozeman, MT 59715 Representative Thomas Brown, Locati Architects, 1007 East Main St., Suite 101, Bozeman, MT 59715 Staff Planner Lynn Hyde Engineer Cody Flammond Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/24/2022 – 08/09/2022 07/24/2022 07/24/2022 07/24/2022 08/31/2022 Advisory Boards Board Date Recommendation Development Review Committee 9/8/2021 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Community Development Board 08/01/2022 The Community Development Board reviewed the application and the motion to recommend approval for the Site Plan passed unanimously 6-0. Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority City Commission (Conditional Use Permit) Date: 8/09/2022 Decision Authority Director of Community Development (Site Plan) Date: 8/22/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 2 of 18 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, three story buildings with 59 one-bedroom apartments between the two buildings and associated parking, open space, and infrastructure within the B-2 zoning district. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director 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 22 day of August 2022, Anna Bentley, Interim Director of Community Development, or their designee, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the 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 Please note that these conditions are in addition to any required code provisions identified in this report. Any additional conditions of approval and code corrections that are required will be included with the final report provided to the Director of Community Development 1. The applicant is advised that unmet cod 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. 2. The Site Plan approval is contingent upon the final approval of the Conditional Use Permit (CUP) and compliance with all related CUP code provisions. 3. Applicant must file with the County Clerk and Recorder’s office the executed Waivers of Right to Protect Creation of Special Improvement District (SIDs) on City standard record form prior to final site plan approval. 4. Signed hard copies of all required easements must be submitted to the City prior to final site plan approval. Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 3 of 18 CODE REQUIREMENTS 1. BMC 38.230.110.F Conditional Use Permit general requirements. 1 . 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; and 2. 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. The conditional use permit document required in subsection 2 must be recorded on the property prior to final CUP approval. 2. BMC 38.270.030.C.1 Completion of Improvements time for site development. To receive building permit approvals, prior to the completion of the public infrastructure improvements associated with the development, the applicant must follow BMC 38.270.030.C.1 options b and c. including but not limited to: 1) A signed irrevocable offer of dedication must be delivered to the Engineering Division; 2) Approval from the Fire Department to concurrently construct the infrastructure and private development. This approval must be sent to the Engineering Division; and 3) Infrastructure approval must be provided by the City Engineering Division and the State. 3. BMC 38.410.130 Water Adequacy. The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to site plan approval. The CILWR is estimated to be $43,896. 4. BMC 38.420.030 Cash donation in-lieu of land dedication. The applicant is required to provide the Improvements in lieu of Parks (IILP) prior to Certificate of Occupancy, or secured by an Improvements Agreement pursuant BMC 38.270.040. Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 4 of 18 Figure 1: Current Zoning Map Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 5 of 18 Figure 2: Land Use Map Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 6 of 18 Figure 3: Existing Lot Layout (Lot 1A Site) Figure 3: Proposed site plan Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 7 of 18 Figures 4-6: Material Board & Colored Elevations Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 8 of 18 Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 9 of 18 Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 10 of 18 ANALYSIS AND FINDINGS Analysis and resulting recommendations are 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 Community Commercial Mixed Use (CCMU) Yes Zoning Community Business District (B-2) Yes Comments: Growth Policy: Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The proposal supports the goal of higher density and upper floor residential contemplated by the CCMU land use designation. While there is no commercial proposed, the apartments are part of a larger site that has existing commercial services with more proposed in future phases. Zoning District: Community Business District: The Community Business district (B-2)’s intent is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of the districts. The proposed use supports the goal of multi-household dwellings close to retail and service functions. While the Site Plan is proposing apartments with ground floor residential as the primary use, the proposed apartments share a drive access and pedestrian pathways with existing and proposed commercial services which supports the intent of the B-2 zoning district. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Condominiums are not proposed at this time. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations associated with this property or development Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 11 of 18 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes, with standard conditions. Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases:0 NA No phasing is proposed. The application meets the Site Plan requirements with conditions and code requirements applied. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes Comments: A Conditional Use Permit (CUP) is required for ground floor residential in the B-2 zoning district. See Section 11 for additional discussion on the review of the CUP. The City Commission held a public hearing on August 9th and the motion to approve the CUP to allow ground floor residential passed 4-1. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Use: Apartments Yes, with CUP Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Required Structures Proposed Parking / Loading Yes Front: NA Defer to block frontage ---- Rear: 10’ 10’ 10’ Side: 5’ 20’ 8’ Alley: 5’ NA – no alley present. Comments: Apartments are a permitted use in the B-2 Zoning District through a Conditional Use Permit (CUP), which the City Commission approved on August 9. The proposal meets applicable building setbacks. Refer to block frontage discussion in Section 7a for front setbacks. Lot coverage Allowed: NA in B-2 Proposed: NA NA Building height Allowed: <3:12 – 50’ >3:12 – 60’ Proposed: 48’,7” & 47’,2” Yes Comments: The proposal is consistent with the lot coverage and building heights. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project does not fall within a historic district, nor overlay district. General land use standards and requirements 38.350 Yes Comments: The proposal meets all applicable land use standards and requirements. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: There are no supplemental use criteria applicable to this proposal. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 12 of 18 Comments: Affordable housing is not required, nor is it being proposed. 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 Transportation grid adequate to serve site Yes Comments: Project proposes to dedicate 15’ public street and utility easement to the City of Bozeman along the northern property line for Kagy Blvd. Access is legally provided by a public access easement on the adjacent master site plan. Sidewalks 38.400.080 Yes Comments: New sidewalks are proposed along Kagy Boulevard that will connect to S 19th Avenue. Drive access 38.400.090 Access to site: 1 full access & a 2nd emergency access Yes Fire lanes, curbs, signage and striping Yes Comments: The site has primary access from Kagy Boulevard to the north. In addition, there is emergency access provided via a gated drive from S 19th Ave through the adjacent commercial site to the east. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Street vision triangles have been reviewed and are adequate with no obstructions proposed within the triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Not applicable as it is not a subdivision nor greater than ten net acres in size. Lot and block standards 38.410.030-040 NA 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 rights (CILWR) Yes Comments: All required elements of section 38.410 were reviewed and deemed sufficient by the Engineering Department. CILWR is required and shall be finalized and paid prior to final site plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and stormwater system proposed with this project have been reviewed and approved by Engineering Department. Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 13 of 18 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: A combination of onsite surface stormwater detention facilities and offsite underground retention facilities are proposed to treat the stormwater runoff. The stormwater facilities have been reviewed by the Engineering Division and have been found adequate. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: A wetland is present approximately 30’ to the west of the property. While the wetland is not physically on the site, the wetland setbacks are extended onto the site. A wetland delineation was performed and results prepared by Vaughn Environmental Services. The report describes the wetland as “Seasonal surface water and groundwater provide the hydrology for an historic palustrine wetland located south of Kagy Boulevard. The surface water flow terminates at the south side of Kagy Boulevard although there is a culvert and stormwater channel that continues north on the north side of Kagy. Although the surface water flow is intermittent, the US Army Corps classifies this wetland and stormwater channel as jurisdictional based on the ultimate down gradient connection to a water of the US. The Gallatin Conservation District also classifies the waterway, wetland, and storm water channel as a perennial stream”. The setback for the wetland is 50’ and is broken up into two zones, Zone 1, the inner 30’ or area closest to the wetland and Zone 2’ the outter 20’ or area furthest from the wetland. Proposed Improvements within the setback: • Zone 1 Watercourse Setback (30’): No impacts are proposed to wetlands. • Zone 2 Watercourse Setback (20’): Improvements proposed within the zone 2 watercourse setback are consistent with what is allowed per BMC including a portion of a trail and stormwater facilities. A setback planting plan has been provided that meets the provisions of 38.410.100. All disturbed areas have proposed native grasses and clusters of populous tremuloides (quaking aspen) and pinus nigra (black pine). 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 1.65 ac. X 12 units/ac. X 0.03 ac.= 25,875sf or 0.66 acres @2.07 psf = $53,561.25 Yes Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu Yes Comments: The applicant has requested to provide improvements-in-lieu of parks (IILP) at Spanish Peaks Park in the form of a new covered picnic shelter and amenities. The value of the proposed improvements exceed the amount that would be owed if cash in lieu of parks (CILP) was proposed. ($64,179 IILP vs $53,561.25 CILP). Parks Staff concurs with the justification provided by the applicant, thus the request to provide IILP is approved. The applicant is required to provide the IILP prior to Certificate of Occupancy, or can be secured by an Improvements Agreement pursuant to BMC 38.270.040. Refer to Code Requirement 2. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 14 of 18 Park/Recreational area design NA Comments: No parks or required parkland are proposed with this application. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Kagy – Mixed block frontage Internal – Special Residential Yes Departure criteria NA NA Comments: The project meets the block frontage standards with no departures requested. See discussion below. Kagy – Mixed Block Frontage/Landscape (BMC 38.510.030.C) • A 10’ front setback is required. The project is proposing a setback at approximately 30’. • Building entrances are visible and accessible from the street with weather protection provided. • For residential uses, at least 15% of the entire façade is required to be transparent. The northern building, street facing façade proposed 18% transparency thus meeting this requirement. • Surface parking is required to be limited to no more than 50% of the street frontage. The proposal has approximately 48% of the street frontage as parking which meets this requirement. In addition, the parking has the adequate landscaping screening between the parking and the street frontage. • Appropriate low level landscaping is proposed between the residential ground floor and the street. Internal – Special Residential (BMC 38.510.030.J) • Special residential block frontage requires a public/private space transition from the residential units to the internal pedestrian circulation. This project has provided this transition in the form of ground level patios (greater than 6’ deep), two foot high landscaping walls and natural landscaping buffers. 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, with approval of departure by the Director 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: Pursuant 38.520.030.C, buildings or portions thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. The internal units on the southern building receive their only solar access from the south side of the building facing the property line. (see image below) The southern building is only setback 10’ from the property line, not meeting the required 15’. Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 15 of 18 Departures are allowed for this criteria when it is determined that, based on the unique site context, the proposed design does not create a compatibility problem in the near or long term future. Staff supports the departure based on the 50-plus acre property to the south currently proposed for annexation that will have ample space to develop and orient the buildings in a layout compatible with this proposed development. The departure does not create foreseen compatibility issues. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D Yes Comments: The internal drives meet the municipal code standards. On-site open space 38.520.060 Yes Total required 5,900 sf Yes Total provided 5,900 sf Yes Comments: All multi-household developments must provide minimum usable open space equal to 100 square feet per each one bedroom dwellings. With 59 one bedroom units, the project is required to provide, at a minimum, 5,900 square feet of open space. The project has a private balcony for each unit with dimensions at least 6 feet and greater than 36 square feet which allows it to qualify towards up to 50% of the required open space. The remainder of the open space is located within a centralized shared outdoor open space with a gas fire pit, shared barbeques, and seating. The open space square footage is as follows: 3,000 sf – shared open space 2,900 sf – balconies (3,540 provided however only 50% of required open space can be met by balconies) 5,900 sf – total open space provided Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Mechanical equipment is located on a flat roof with a parapet wall screening it. Utility meters are screened with vegetation where visible from the street. The trash enclosures are located for convenient access and are appropriately screened from adjacent public common areas, residential areas, as well as upper story residential uses with the trash enclosures covered on top as well. 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 Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 16 of 18 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 1.5/unit = 88.5 required (89 proposed) Reductions residential 38.540.050.A.1.b None Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 89 Provided on-street 0 provided Bicycle parking 38.540.050.A.4 9 required/ 40 provided outside Yes Comments: The project has 59 one bedroom units. The Bozeman Municipal Code requires 1.5 parking stalls per one bedroom unit, totaling 88.5 stalls required. The project proposed 89 parking stalls thus meeting the minimum requirement. In addition, bicycle parking must be provided at a ratio of 10% of all parking stalls, totaling 9 required bicycle parking stalls. The project exceeds the minimum with 18 covered outdoor bike parking spaces, 22 uncovered outdoor bike parking spaces, and additional indoor hanging bike storage in each unit (either 1 or 2 spaces inside the unit). No parking reductions have been requested. Loading and unloading 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 Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, parking lot landscaping, street frontage landscaping, and acceptable landscape materials proposed. Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Per BMC38.530.040.B, residential buildings must include articulation features at appropriate intervals relative to the scale of the façade in order to reduce the perceived massing of the building and add visual interest. The proposed buildings use windows, entries, weather protection features, and providing vertical modulation tied to a roofline modulation. Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 17 of 18 Landscaping of public lands 38.550.070 Yes Comments: Street trees are proposed along Kagy Boulevard and have been reviewed and approved by the City Forestry Department. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with this application. Any future signs will require a building permit and planning review. 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 light fixtures meet code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no FEMA regulated floodplains nor known wetlands on site. There are wetlands offsite to the west which have been delineated and the buffers shown on the site. Refer to Section 6b for additional discussion. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public notice period is set from July 24th to August 9th, 2022 with newspaper legal advertisements July 24th and July 31st. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: All required easements must be provided and approved prior to the Final Site Plan approval. See Conditions of Approval 4. 11. Review Criteria for Conditional Use Permits (Section 38.230.110) Meets Code The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site is adequate in size and topography for the proposed two apartment buildings. The site is relatively flat without development constraints. There is space for the required parking, open space, and infrastructure. As stated in Section 1, the proposed apartments support the goal of higher density and upper floor residential contemplated by the CCMU land use designation. While there is no commercial use proposed, the apartments are part of a larger site that has existing commercial services with more proposed commercial uses in future phases. The residential use is compatible with adjacent commercial uses, and residential uses to the north and wetland to the west. There were no additional requirements identified to make the apartments more compatible or suitable for the site. The proposed use supports Growth Policy goals, including but not limited to: Staff Report University Crossing SP & CUP Application 21327 August 22, 2022 Page 18 of 18 1. Goal DCD-1: Support urban development within the City. Density at this scale is more typical development seen in urban-scapes, and is a departure from historic suburban or agricultural communities. 2. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. While this proposed development is currently on the edge of the developed areas, existing proposals are in to develop adjacent properties to the west and south, thus surrounding the proposed site with urban development. The intensity of the proposed use is consistent with the Growth Policy goals, and its adjacency to commercial provides the opportunity for living and working or having services within proximity. While the current market is demanding additional housing, in the future, the ground floor could be converted to commercial space. The applicant’s narrative states the ground floors have been designed that should, in the future, a demand for additional commercial space exist, the ground floor can be converted to commercial spaces. 3. DCD-1.10 Support University efforts to attract development near campus and M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The application is not directly associated with the university but is of a housing type that meets needs to university attendees and staff. Being close to the university assists in reduction of travel distances and total vehicle trips. 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 ground floor residential was found to have negative or adverse effects on abutting properties. There are existing residential neighbors within the vicinity to the north, and commercial services immediately to the west. There are no anticipated conflicts with the existing and proposed users. No public comment was received for the Site Plan or Conditional Use Permit. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. NA Comments: The Bozeman Municipal Code lists 14 additional criteria to consider when confirming the conditional use permit request approval is protecting the public health, safety and general welfare. No additional conditions were identified as necessary to protect the public health, safety and general welfare in regards to the Conditional Use Permit other than the conditions and code requirements associated with the site plan application. Section 38.300.110 says in part “There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” Evaluation of the application, as shown in this report, demonstrates no conflicts between uses or other evidence that the proposed ground floor residential will be incompatible to adjacent uses.