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HomeMy WebLinkAbout22304 Staff Report Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 1 of 17 Application No. 22304 Type Site Plan Project Name Swiss Plaza Phase 2 Summary This is a site plan for the development of two two-unit mixed-use buildings within Phase 2 of the Swiss Plaza Master Site Plan. Each unit has ground floor office and industrial uses and two-bedroom accessory apartments on the 2nd floor. Associated infrastructure improvements to be developed as a component of this application include landscaping, irrigation, and lighting. Zoning M-1 Growth Policy Maker Space Mixed Use Parcel Size Portion of 2.39 acres Overlay District(s) None Street Address 3004 North 27th Avenue, Bozeman, MT 59718 Legal Description Lot 3, Block 4 of Cattail Creek Subdivision Phase 1, S35, T01 S, R05 E, Plat J-340 Plus Open Space, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana Owner Pam Shontz, Swiss Detail, Inc, 3004 North 27th Avenue, Bozeman, MT 59718 Applicant Ryan Hudock, 1091 Stoneridge Drive, Bozeman, MT 59718 Representative Ryan Hudock, 1091 Stoneridge Drive, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineers Karl JOhnson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 01/27/2023 to 02/10/2023 01/27/2023 01/25/2023 N/A Advisory Boards Board Date Recommendation Development Review Committee 11/02/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 01/05/2023 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 02/23/2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 2 of 17 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 of Bozeman a Site Plan (SP) to permit the development of two two-unit mixed-use buildings within Phase 2 of the Swiss Plaza Master Site Plan. Each unit has ground floor office and industrial uses and two-bedroom accessory apartments on the 2nd floor. Associated infrastructure improvements to be developed as a component of this application include landscaping, irrigation, and lighting. B) The purposes of the Site Plan review is 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. C) 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. D) 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 23rd day of February, 2023, Anna Bentley, Director of Community Development, or her designees, approved with conditions and code provisions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. E) This Director of Community Development’s project decision may be appealed by filing a documented appeal 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 OR HER DESIGNEES Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 3 of 17 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report: 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. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. Sec. 38.420.030.C. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. The parkland appraisal value is currently $2.30. Modify parkland tracking table on sheet 001_C1.0-PH 2-Cover Sheet to reflect the current appraisal value and amount owed for Phases 2 and 3. Payment is due prior to Site Plan approval. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Engineering - BMC 38.410.130 - Water Adequacy - The existing cash-in-lieu of water rights credit, paid at the time of subdivision, associated with the property is sufficient to cover the estimated annual demand for Phases 1 and 2. The water adequacy code requirement is satisfied. 2. Engineering – 38.270.030.C Completion of Improvements - Concurrent construction has been approved for the Phase 1 Site Plan. Water and sewer mains have not had a final walk through or gone through infrastructure closeout procedure therefore the infrastructure has not been accepted by the City. The infrastructure shall be accepted by the city prior to occupancy approvals within Phase 1 and building permit approvals within Phase 2 and Phase 3. If the infrastructure is complete to final grade according to the design engineer, please contact me (Karl Johnson) to schedule the final walk through and then to follow that up with the infrastructure closeout. If building permit approvals within phase 2 and 3 are desired prior to final acceptance of the infrastructure concurrent construction must be requested with phase 2 and 3 site plan applications and approved prior to building permit approvals within phase 2 and 3. Concurrent construction approval would require filing of a new irrevocable offer of dedication for phase 2 and 3. 3. Parks Department - CILP will be provided. CILP value is finalized at time of site plan adequacy. CILP value will increase to $2.60/sf on 1/24/23. 4. Northwestern Energy - NWE typically doesn't allow gas to be installed in long culverts. Please work with NWE engineer to determine if this is acceptable. 5. Northwestern Energy - Please continue working with NWE engineer on utility route. 6. Building Department - The City of Bozeman and the State of Montana adopted the new ICC 2021 Building Codes Spring of 2022. The state adopted June 10th. City adoption August 1st, 2022. Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 4 of 17 Figure 1: Current Zoning Map Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 5 of 17 Figure 2: Community Plan Designation Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 6 of 17 Figure 3: Overall Site Plan Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 7 of 17 Figure 4: Utility Plan Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 8 of 17 Figure 5: Grading Plan Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 9 of 17 Figure 6: Landscape Plan Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 10 of 17 Figures 7 - 8: Front and Rear Building Elevation (Unit 3A and 3B) Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 11 of 17 Figures 8-9: Front and Side Building Elevation (Unit 7A and 7B) Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 12 of 17 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 Maker Space Mixed Use Yes Zoning M-1 (Light Manufacturing District) Yes Comments: The uses proposed within this site plan application are allowed within the zoning district. The property is within the City’s municipal service area. The uses on the subject property complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified at this time. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. No specific conflicts have been identified at this time. Additional steps will be required including but not limited to the approval of building permits. 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: The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 4. Conformance with Article 2 - Submittal material (38.220) requirements & 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: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to final site plan approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. The Master Site Plan (MSP) associated with this project is a phased project, and this SP is the 2nd phase of this approved entitlement. Any development on the subject property beyond the improvements denoted in this application must be reviewed and approved in a separate modification or site plan submittal. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Manufacturing, office, accessory apartments Yes Form and intensity standards 38.320 Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 13 of 17 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front 10’ N/A Rear 3’ N/A Side 3’ N/A Alley N/A N/A Comments: The proposed uses of manufacturing with accessory office and apartments are permitted as denoted within the BMC. The apartments meet the accessory provision denoted in the BMC regarding being less than 50% of the gross floor area of the building and located on the second floor. Lot coverage 5% Allowed 100% Yes Building height 37’ 3” Allowed 50’ Yes Comments: The proposed two proposed buildings are in conformance with the lot coverage and building height standards denoted in this section of the BMC. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 N/A Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Peak trip generations were previously reviewed during the Swiss Detail Master Site Plan submittal. A traffic study was not required by the Engineering Division during this process. Sidewalks 38.400.080 Yes Comments: There are existing City standard sidewalks along North 27th Avenue which provide pedestrian access to the proposed buildings through internal pedestrian connections along each building in Phase 2. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off North 27th Avenue. Fire lanes, curbing, striping, signage and gutters were reviewed by the Fire Department and Engineering Department during this site plan submittal. The subject property is not located within any Special Improvement Districts (SIDs). Applicable waivers of Right to Protest Creation of SIDs were previously required to be recorded against the subject property during the previously approved Phase 1 Site Plan. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 14 of 17 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable preliminary platting process associated with this subject property. 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 N/A 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: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Applicable cash in lieu of water rights (CILWR) were previously determined by the Engineering Department and paid to the City of Bozeman during the approval of the subdivision, which allowed a credit to be applied to this Phase 2 site plan. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. 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: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Engineering Department and Stormwater Department for functionality and compliance with adopted standards. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 0.03 ac. X 4 ac.= 0.12 ac. Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu N/A Comments: There is a residential component to this project; therefore, parkland requirements must be met. The applicant will be providing cash donation in lieu (CIL) of parkland dedication, which must be paid prior to final site plan approval per Condition of Approval #1. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: As the applicant will be providing CIL of parkland, the dedication of parkland is not required at this time. Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 15 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 8 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Other Yes Departure criteria N/A N/A Comments: The block frontage classification of Other has been met. No departures have been requested with this site plan submittal. 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 N/A 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: The design and arrangement of elements such as vehicular and pedestrian circulation, non-motorized circulation and design systems, and relationships to adjacent properties were reviewed and have been met, if applicable, within this SP application. 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 Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design have been reviewed and met, if applicable, within this SP application. On-site open space 38.520.060 Yes Total required 600 sf Yes Total provided 2,596 sf Yes Comments: Requirements of BMC 38.520.060 such as usable commercial open space are applicable to this SP application and reviewed for conformance. A departure was previously requested and approved for the open space to allow the balcony/terraces as 100% of the required open space on the basis that due to the residential units being located on the second floor, Staff determined this to be an adequate alternative to private outdoor open space. The required open space is 2,100 sf and they are providing 8,176 sf overall for the entire development as denoted in the MSP. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements of the location and design of service areas, and mechanical equipment are applicable to this SP application and have been met. 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 building design standards within Sec. 38.530 are applicable to this SP application and are in conformance with these standards. Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 16 of 17 Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 10 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 19 Provided on-street N/A Bicycle parking 38.540.050.A.4 N/A (8 provided on overall site) Comments: The parking standards in Sec. 38.540 are applicable to this SP application. The applicant has provided 19 vehicular parking spaces (1 surplus) to serve Phase 2 of this development. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: The loading and uploading area requirements within Sec. 38.540 are not applicable to this SP application. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 250 sf per lot N/A Proposed SF/building N/A N/A Comments: A maximum 250 square feet per lot is allowed in the M-1 district. The placement, size, and details regarding signage were not included nor reviewed for conformance with BMC 38.560 within this SP application. All signage will be reviewed and approved as part of a separate signage and building permit. 7g. Conformance with Article 5 – Lighting (38.570) 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: Lighting standards as denoted in Sec. 38.570 are applicable to this SP application and were previously reviewed for conformance with the City’s standard. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 Yes Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were reviewed for conformance and satisfied as part of this site plan application. No impacts to surface waters and floodplains were identified. A watercourse planting plan was previously approved with the Master Site Plan and meets the requirements. Staff Report Swiss Plaza Phase 2 Site Plan Application 22304 February 23, 2023 Page 17 of 17 Trees will be replaced by shrubs due to a utility easement, which was required by Northwestern Energy. All buildings are outside of the watercourse setback. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred from January 27, 2023 to February 10, 2023. The property posting occurred on January 23, 2023, and mailing to adjacent owners occurred on January 20, 2023. The original notice period was from January 19, 2023 to February 2, 2023. Upon further research, the applicant was missing several owners from their mailing list and therefore re-noticed the application. The public commenter expressed concerns regarding on-street parking along the North 27th corridor, which they denoted is currently congested, and this development would further burden the area. The applicant is meeting the minimum parking requirements by providing the adequate amount of parking off street and on the subject property. Staff providing information to the commenter regarding parking enforcement for individuals parking on-street parking that may be in violation of the City’s standards. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division.