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HomeMy WebLinkAbout22010 Staff Report City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 1 of 22 Application No. 22010 Type Site Plan & CUP Project Name Lofts on Beall SP & CUP Summary Site Plan & Conditional Use Permit (CUP) application for an infill development consisting of two buildings, one building has 6, two-bedroom rowhouses, and the second has 5, three-bedroom rowhouse units for a total of eleven dwelling units. Rowhouses are allowed in the B-2 zoning district if they are configured with at least 5 attached units, and receive a Conditional Use Permit (CUP). Required infrastructure, parking and open spare are proposed. The City Commission will hold a public hearing for the CUP on September 20th and provide a decision on the CUP and Site Plan. Zoning Commercial Business District (B-2) Growth Policy Community Commercial Mixed Use Parcel Size 31,363 sf, or 0.72 acres Overlay District(s) NA Street Address 1608 West Beall St., Bozeman, MT 59715 Legal Description Kirk 2nd Sub, Block 3, Lot 2, Plat F-37, S12, T02 S, R05 E Owner DCI Financial Services, LLC, 8004 Gallery Way, Mckinney, TX 75072 Applicant Shay Myers, Solstice Design Build LLC, PO Box 712385, Salt Lake City, UT 84171 Representative Shay Myers, Solstice Design Build LLC, PO Box 712385, Salt Lake City, UT 84171 Staff Planner Lynn Hyde Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 9/4/2022 – 9/21/2022 9/4/2022 9/4/2022 9/4/2022 & 9/11/2022 Advisory Boards Board Date Recommendation Development Review Committee 8/17/2022 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. 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 Date: 9/20/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 2 of 22 RECOMMENDED 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. 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 (BMC) or State law. 2. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to 15th Avenue between Main Street and Durston Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Main Street between 19th Avenue and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Beall Street between 19th Avenue and 15th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at 15th Avenue and Beall Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at 15th Avenue and Main Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at 15th Avenue and Durston Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Beall Street and 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements to Main Street and 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. a. Intersection improvements to Main Street and 11th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements to Main Street and 7th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Site Plan approval. Code Requirements 1. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 2. BMC 38.420.030 - The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 3 of 22 3. BMC 38.410.060.C.1 – The proposal provided a 10’ public utility easement language and a 30’ utility and access agreement and easement which was found to be sufficient by the Engineering Department. Approval is pending submission and review of the owner executed easement inclusive of the pending public utility easement exhibit as noted in the concept review comments narrative. 4. 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. City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 4 of 22 Figure 1: Location & Current Zoning Map City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 5 of 22 Figure 2: Location – Greater Vicinity City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 6 of 22 Figure 3: Growth Policy Map City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 7 of 22 Figure 4: Proposed site plan City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 8 of 22 Figure 5: Landscape Plans City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 9 of 22 Figure 6-9: Conceptual Renderings & Colored Elevations City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 10 of 22 City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 11 of 22 City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 12 of 22 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 Community Commercial Mixed Use Yes, with Conditional Use Permit Zoning B-2, Community Business District Yes, with Conditional Use Permit 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 contemplated by the CCMU land use designation. Due to the lack of commercial on the site, a Conditional Use Permit is required which allows the Commission to review the nuances of the site, and determine if an entirely residential project is appropriate at this location. 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 rowhouses close to retail and service functions. While the Site Plan is proposing entirely residential there are adjacent commercial services to service the proposed rowhouses and future residents. The Commission will determine if the use is appropriate at the site, based on the nuances of the site and proximity of other services. The B-2 zoning district allows CUP’s as a route to permit entirely residential projects on the site, acknowledging that while it may not be appropriate district wide, some sites may be appropriate to be fully residential. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with future submittal City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 13 of 22 Comments: A separate Condominium Review (CR) is required to create condominiums. 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 on the subject 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 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. The approval of the site plan is contingent upon a favorable motion from the Commission for the Conditional use Permit. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes Comments: Pursuant to BMC Table 38.310.040.C, a Conditional Use Permit (CUP) is required for rowhouses/townhomes in the B-2 zoning district and they are only allowed if they are attached with at least 5 units. See section 11 for additional discussion on the review of the CUP. The City Commission will hold a public hearing on September 20th to hear public comment and provide a decision on the CUP request. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Rowhouse dwelling Yes, with Conditional Use Permit Form and intensity standards 38.320 Zoning: B-2, Community Business District Setbacks (feet) Structures Parking / Loading Yes Front (Refer to block frontage) NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: The proposed rowhouse dwellings are allowed if they are provided with at least 5 attached units, and receive a Conditional Use Permit (CUP). Refer to Section 11 for additional discussion on the review of the CUP. The proposed setbacks meet the minimum requirement. Lot coverage 32% Allowed: 40% Yes Building height 34’ (pitch up at 12:12) Allowed: <3:12 – 36’ >3:12 – 46’ Yes Comments: The residential buildings roof pitch alternates between 4:12 and 12:12 and are below the maximum height limit of 46’ for roofs pitched over 3:12. City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 14 of 22 Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no applicable zone specific or overlay standards. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes Comments: The project is in compliance with the supplemental use criteria for townhouse and rowhouse dwellings. The units provide pedestrian access directly to a right of way and vehicular access via an internal drive that meets the minimum width adopted by the city. The proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials. The project proposes adequate usable space next to each unit, refer to Section 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) below for additional discussion on open space. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 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 Yes, with Conditions Level of Service 38.400.060 NA Transportation grid adequate to serve site Yes Based on the anticipated peak hour trips (as determined using the Institute of Transportation Engineers Trip Generation Manual, 10th ED), the Engineering Department waived the requirements for a Transportation Impact Study for this site plan. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads and the aged sidewalks along West Beall St will be replaced. In addition, pedestrian pathways are proposed along the internal drive so all units in the southern building that don’t have direct right-of-way access can safely reach the public right-of-way (see Figure 3). Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided via West Beall St to the north. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. 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 City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 15 of 22 Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: NA 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, with code requirement Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: A Water Design Report was prepared by WGMGROUP, dated May 2022. The Water Design Report was reviewed and approved by the City for the proposed project. A new water main extension will be built south into the project site and will be 8-inches diameter and connect into the existing 12-inch main that runs east to west within West Beall St. The applicant has provided draft language for a 30-foot sewer and water access easement and agreement that was reviewed by the Engineering Department and found acceptable. Prior to final plans approval, the easement will need to be signed and recorded. See Code Requirement 3. There is a historic agricultural irrigation ditch that runs along the southern border of the property. The applicant reached out to the ditch owners, Farmers Canal Co. who confirmed, to the best of their knowledge, that the ditch has not been used for the last fifteen years. However, they [Farmers Canal Co.] were unwilling to state that the ditch, or water use has been ‘abandoned’, as that is a legal determination that requires a “showing of both non-use over a period of time as well as intent to abandon.” Thus the applicant is providing an easement where the ditch adjacent or touching their property. The applicant has provided draft language that was reviewed by the Engineering Department and found acceptable. Prior to final plans approval, the easement will need to be signed and recorded. See Code Requirement 3. The eastern portion of this property is part of the Bozeman Solvent Site, which has active environmental remediation under the oversight of the Montana Department of Environmental Quality (MDEQ) due to impact from a previous dry cleaner that formerly operated at the adjacent shopping center. As part of the remediation, groundwater monitoring wells, vapor extraction wells, and soil gas probes were previously placed on the southeastern corner of this property (see image below). When the most recent set of monitoring wells were City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 16 of 22 installed, the City received an access agreement for the wells. No work is proposed that will affect the integrity of the existing wells. The applicant provided a copy of the Trench/Excavation Ventilation Permit for the Bozeman Solvent Site Area from MDEQ. The CILWR is estimated to be $8,184. The final amount owed must be approved and paid prior to final site plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. 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: The proposal submitted a Stormwater Management Design Report, prepared by WGMGROUP, dated May 2022. The report was reviewed and found sufficient by the Engineering Department. The proposed storm water management system consists of valley gutter, catch curb, stormwater inlets, stormwater conveyance pipes, and an underground Contech infiltration chamber system located beneath the five additional parking spaces near the east portion of the site. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 0.26 ac. Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 17 of 22 criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This proposal is required to provide 0.26 acres of parkland, which is valued at $2.30 per square foot, totaling $26,048.88. This CIL is required to be paid prior to final plan approval per Code Requirements Number 2. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing Cash-in-Lieu of Parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed /Landscape block frontage Yes Departure criteria None NA Comments: The project faces West Beall Street to the north, which has a mixed block frontage classification. The applicant has chosen landscape as the bock frontage standard. Building placement: All buildings are meeting minimum 10’ building setback along the Landscape block frontage designations. Building entrances: The buildings have entrances facing the streets. Façade transparency: The northern building is required to meet the transparency requirement which is at least 15% of the entire façade. The northern building is meeting this requirement with 26.1% glazing being provided. Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: All parking is located to the side, on street, or within garages. Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building. Sidewalk width: The proposal includes a 5-foot sidewalk along West Beall St. In addition, the northern building’s western façade has an internal walkway adjacent to a residential unit. The applicant has proposed a 4 to 7 foot landscape bed to act as a transition. Staff has found this transition design adequately protects the privacy and comfort of the residential unit, and maintains the usefulness of the walkway. The length of this residential adjacency is less than 50’, and only has one residential window adjacent to the pathway (there is also an entrance to the unit as well as a garage). City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 18 of 22 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 38.520.040 Yes Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the rights of way. The additional requirements for ‘relationship to adjacent properties’ are not applicable to this site plan as the proposed development is adjacent to commercial zoning districts. The southern building has units whose only solar access comes from the rear property line, and those units are set back greater than 15 feet from the rear property line, thus satisfying 38.520.030.C. 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: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes Total required 1,842 sf Yes Total provided 2,675 sf Yes Comments: In addition to the requirements within 38.520.060, this proposal is required to meet the open space criteria for Townhouse and Rowhouse dwellings found in the supplemental criteria, 38.360.250. Townhouses and rowhouses must provide open space at least equal to ten percent of the building living space. The required open space is being provided through private front and back yards. The private space adjacent to the buildings are meeting the minimum dimensions of 12 feet on all sides. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located to provide safe and convenient use while minimizing any adverse effects and protect residential uses. They are appropriately screened and landscaped. 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 proposed buildings are meeting the massing and articulation requirements, as well as the supplemental criteria for townhomes and rowhouses. The buildings provide façade articulation at a cadence of approximately every 22 feet with change in material, change in windows, change in roofline, and entries with weather protection features. As discussed previously, the proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials. City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 19 of 22 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 27 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 27 Provided on-street 2 Bicycle parking 38.540.050.A.4 >22 Yes Comments: Parking is provided with a combination of garage spaces (17), stacked driveway spaces (5) and surface parking along the internal drive (5). There are also on-street spaces provided outside of the vision triangle (2). Bicycle parking is provided within the garages. 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: No loading berths are required or proposed for this site plan. 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 NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes 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, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along West Beall St. Landscaping of public lands 38.550.070 NA Comments: NA 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 site plan. 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: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the Site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 20 of 22 Wetland regulations 38.610 NA Comments: There are no mapped or suspected wetlands or floodplains. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public notice period ran from September 4th until September 20th, 2022 with newspaper legal advertisements on September 4th and September 11th. No public comments had been received at the time this report was written. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: Required easements for vehicular and pedestrian use, as well as utilities have been adequately provided and reviewed. All easements must be recorded prior to final Site Plan approval. 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 rowhouse buildings. The site is relatively smaller (at approximately three quarters of an acre) than typical commercial sites currently seen under development in the City of Bozeman. There is adequate space for amenities required for rowhouse buildings. As discussed in Section 6b, the southeastern corner of the lot has monitoring wells that limits some of the activities and construction that can take place on the lot. The small size of the lot, along with existing development constraints (historical agricultural ditch and monitoring wells) limits the types of infill that can be realized on the lot. The proposed use of rowhouses are consistent with the community’s development pattern, which is a diverse mix of users. The below image shows the existing Land Use in the area surrounding the property. The blue star is marking the subject property. The red color is identifying commercial uses, including the mall to the south. The brightest yellow is single-household residential, the green/yellow is multi-household residential, the peach is duplex/triplex residential, the blue is church, and the green to the east is school/education facility. The site is located amongst a diverse mix of uses with a mix of single, two/three households, a large school adjacent, and multiple commercial users to the south, east and west. City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 21 of 22 The proposed use does support Growth Policy goals, including but not limited to: 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. The proposed development is consistent with the pattern of community development. It is proposing a new use on a brownfield site that has long been vacant. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: No evidence of the proposed rowhouses were found to have negative or adverse effects on abutting properties. There are existing commercial neighbors to the east and south and a vacant lot to the west. In addition, there are adjacent residential neighbors to the north, separated by West Beall St.. There are no anticipated conflicts with the existing and proposed users. No public comment had been received at the time this report was written 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 City Commission Staff Report Lofts on Beall St Site Plan & Conditional Use Permit Application 22010 September 09, 2022 Page 22 of 22 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.