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HomeMy WebLinkAbout21394 Staff Report Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 1 of 15 Application No. 21394 Type Site Plan Project Name Upland Way Condos SP Summary A site plan application for 2 residential buildings with 42 condominiums in 1 and 2 bedroom configurations. 21 units in each building are proposed including access from Baxter Lane, parking, open space, landscaping, and other associated site improvements. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 2.0 Overlay District(s) None Street Address 2775 Baxter Lane Legal Description S35, T01 S, R05 E, ACRES 2, E – 17 Plat 1595, City of Bozeman, Gallatin County, Montana. Owner Zoey Development LLC, 414 S. 9th Ave., Bozeman, MT 59715-4310 Applicant Same as Owner Representative Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 04/29/22 – 05/16/22 04/29/22 04/29/22 N/A Advisory Boards Board Date Recommendation Development Review Committee 4/26/22 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date 03/03/23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 2 of 15 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 2 residential buildings with 42 condominiums in 1 and 2 bedroom configurations. 21 units in each building are proposed including access from Baxter Lane, parking, open space, landscaping, and other associated site improvements. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of March 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 3 of 15 CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Phasing as noted on drawing sheet C0.2 represents the order of construction for the buildings. All shared site improvements including access, parking, open space, bicycle parking, walkways, and stormwater must be installed with the first phased building for each lot prior to occupancy of any structures. Landscaping may be financially guaranteed to accommodate construction and seasonality. CODE PROVISIONS 1. BMC 38.270.030.D - Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section are met. Provide concurrent construction approval prior to final building permit approval. Approval requires a concurrent construction request plan approval, an irrevocable offer of dedication, infrastructure review and approval, submittal of original executed easements to facility infrastructure, and fire review and approval. 2. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorders office executed Waivers of Right to Protest Creation of Special Improvements Districts (SID's) on the city standard form for the previously cited streets and intersections prior to final site plan approval. 3. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total based on estimated annual municipal water demand. 4. BMC 38.420.030 - Cash donation in-lieu of land dedication. Provide proof of payment and approval for CILP from the Parks Department prior to final site plan approval. Contact Matthew Lee, mjlee@bozeman.net with any questions. 5. BMC 38.410.060 – Easements. a. A 10' utility easement is required along the southern property frontage setback. An executed hard copy must be provided to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder prior to final site plan approval. b. A sewer and water pipeline access easement is required. An executed hard copy must be provided to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder prior to final site plan approval. Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 4 of 15 Figure 1: Current Zoning Map R-4 Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 5 of 15 Figure 2: Site Plan North Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 6 of 15 Figure 2: Site Plan South Figure 4: Landscaping Plan Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 7 of 15 Figure 5: East and South Elevations Figure 6: West and North Elevations Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 8 of 15 Figure 7: Parking Canopy Figure 8: Phasing Plan (Phase 1A in Pink, Phase 1B not colored) Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 9 of 15 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4, Residential High Density District Yes Comments: The project conforms to the requirements of the R-4 zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-4 zoning district. The proposed project conforms to this designation by providing urban density homes within the correlated zoning district at desired densities. This project also meets several objectives of the 2020 Community Plan including:  N-3: Promote a diverse supply of quality housing units, which includes a diversity of housing types in a given area.  DCD-1: Support urban development within the city. Including development of underutilized sites.  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 intensity within developed areas. Including supporting higher density development along main corridors and at high visibility street corners to accommodate population growth.  M-1: Ensure multimodal accessibility. This includes prioritizing mixed-use land use patterns. Encouraging and enabling the development of housing, jobs, and services in close proximity to one another. This project places additional housing within 475-feet of a Streamline bus route, as well as close proximity to bike lanes, bike routes, shared use paths, trails, and commercial services. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of infrastructure by the Engineering Division, and 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: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 10 of 15 Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 2 Yes Comments: This project is to be completed in two phases labeled 1A and 1B on the construction management plan. The condition of approval above states that drawing sheet C0.2 represents the order of construction for the buildings. All shared site improvements including access, parking, open space, bicycle parking, walkways, and stormwater must be installed with the first phased building for each lot prior to occupancy of any structures. Landscaping may be financially guaranteed to accommodate construction and seasonality. The construction route for contractors and heavy equipment is to exclusively be provided via Baxter Lane. The application was deemed adequate in April of 2022; however, the staff report was not finalized when the applicant requested the application be put on hold as they negotiated with the adjacent subdivision regarding the secondary emergency access required by the fire department from Renee Way, a private drive. The applicant was not able to obtain necessary easement to make the emergency access viable and resubmitted to the City February of 2023 with a revised site that instead includes a 120’ hammerhead turnaround at the north end of the site, which required the north building (Phase 1A) to be shifted to the south and required open space to be provided at the north end of the lot. The revised application was reviewed by the DRC and found to be adequate. No significant changes were identified with the modified site layout that would necessitate a new public notice period, as the uses, intensity, parking and traffic demand, and position of the buildings and parking are the same, or very similar to previous plans. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Yes Form and intensity standards 38.320 Zoning: R-4 Setbacks (feet) Structures Parking / Loading Yes Front 15 NA Rear 20 NA Side 5 NA Alley NA NA Comments: The proposed project is meeting setback requirements for the R-4 district. The block frontage designation is landscaped along Baxter, with a Special Residential designation interior to the site. The front setback proposed along Baxter is 15-feet. The north side yard setback is 5-feet, and the east side yard setback is 5-feet to the parking lot. BMC 38.320.020.E.2 states: When a lot has one or more principal buildings, which are oriented to place the functional rear of a building adjacent to a side lot line, a setback from the property line equal to that for a rear setback must be provided. The west property line is the functional rear yard for the proposed development, and the plans indicate a 20-foot setback along that property line. Lot coverage 25% Allowed 50% Yes Building height 41’ – 4 5/8” 8:12 roof pitch Allowed 50’, 3:12 or greater Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 11 of 15 Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 Yes Comments: Eave encroachments are meeting code standards. Applicable supplemental use criteria 38.360 NA Supplemental uses/type None NA Comments: No supplemental uses are proposed. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division however, a peak-hour trip generation letter was provided by the Applicant to ensure that the proposed project would not exceed the trip estimate threshold. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. Sidewalks 38.400.080 Yes Comments: Sidewalks both within and adjacent to the site along all street frontages are provided. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: The lot will be accessed via a 24-foot access from Baxter Lane by residents and visitors. The long 477’ foot deep parcel ensure fire access from Baxter Lane with a 120-foot hammerhead turnaround at the north end of the site. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: No transportation pathways or public transportation facilities are proposed with this application. The site is nearby a bike lane on Baxter connecting to shared use paths and trails, as well as a Streamline bus stop. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 12 of 15 Comments: This project does not trigger lot and block standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering and CIL of water rights is required to paid by the applicant. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. Stormwater facilities meet code standards. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 0.63 Acres Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: Parkland is proposed to be met via a cash-in-lieu payment. This payment must be made prior to final plan approval. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. Public parks exist to the northwest, west, and southwest of the application. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped, Special Residential Yes Departure criteria None requested Yes Comments: The block frontage designation is landscaped along Baxter Lane. Special Residential is present along interior north-south walkways. The application is meeting the landscaped frontage along Baxter way as follows:  Building placement – The minimum 10-foot setback is being met, a 15-foot setback is provided. Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 13 of 15  Building entrances – Walkway connections to patios facing Baxter Lane are provided to the public right of way. The primary entrance to the south building also protrudes beyond the east wall of the building and a door is visible from Baxter Lane with a sidewalk connection from the public right of way.  Façade transparency – 20% transparency is provided along the south elevation of the south building, meeting the 15% standard.  Weather protection – Patios directly connected to the Baxter Lane sidewalk provide adequate weather protection, as does the primary entrance further interior to the site.  Parking location – Parking is placed to the side of the proposed residential uses and meets the 50% frontage requirement.  Landscaping – Adequate landscaping is provided. Shrubs along the building foundation maintain views, and the front yard is landscaped with a lawn.  Sidewalks – A 6-foot sidewalk exists along Baxter Lane. For the special residential block frontage interior to the site the applicant has opted for the 10-foot setback from the internal walkway to the building façade with interior living space. The area in the buffer zone will be landscaped to provide privacy to interior living space and outdoor patio spaces. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian paths through the site and to the open space and service areas meet the standards in this section for location, connections, and widths. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 Total required 5,400 square feet Yes Total provided 6,219 square feet Yes Comments: Open space is to be provided in two shared areas, one between the north and south building, and one at the north end of the site. Both areas meet the dimensional and improvement standards in this section. Open space is also proposed with upper level balconies that meet the dimensional and area standards of this section. Balconies are only proposed to account for 2,700 square feet, meeting the 50% cap. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters will be generally screened with landscaping, and are to be separated with landscaping from adjacent open space areas with juniper shrubs. Solid waste will be collected via two enclosures on the east end of the site. The enclosures meet the design and landscaping standards of this section. AC units are wall mounted near each unit’s patio and will be screened with louvres. Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 14 of 15 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 75 spaces 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 79 Provided on-street 0 Bicycle parking 38.540.050.A.4 40 Comments: Parking is provided for the 18 one-bedroom units and 24 two-bedroom units via covered and uncovered surface parking. Bicycle parking is provided adjacent to each building’s primary entrance. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening NA 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 Yes Comments: The provided landscaping plan conforms to standards. Public landscaping is to be provided along Baxter Lane. Parking lot screening is also provided along the south, east, and north property lines. Trees for residential adjacent will be provided along the west and north property lines. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along all frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA 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: Massing and articulation are met via windows, balconies, and entrances. On the east elevation, the primary entrance pops out from the main façade and breaks up each building into two main wings. Each wing is further articulated via vertical columns of windows, and each end of each building is capped with a gable end over a vertical column of patios. On the west elevation the primary entrance is replaced by two vertical columns of patios capped by a gable end to separate the east and west sides of the building. Staff Report Upland Way Condos Site Plan Application No. 21394 March 3, 2023 Page 15 of 15 Proposed SF/building NA NA Comments: No signage is proposed with this application or required for residential uses. Any residential complex identification signs are required to get a sign permit. 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 application proposes building mounted wall sconces, patio lighting tucked under awnings and roof areas, parking lot lighting, and bollards near walkway areas, the lighting meets the required cutoff and intensity requirements. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. Public comment was received from 13 individuals and is located in the review folder for this project. The public comment centered on the following concerns:  Loss of mature trees and bird habitat. Community Development does not currently have code standards related to preservation of mature trees on private property.  Loss of privacy with nearby upper level patios near backyards. The proposed buildings are proposed to be setback 20-feet from the adjacent property line with Baxter Square. The three story buildings proposed will only be one story taller than the adjacent two story townhomes. No zone edge transitions are required between R-3 and R-4 zoned properties.  Impact of traffic through Baxter Square with originally proposed secondary drive access to Renee Way. The application has been revised so that no access is proposed connecting through the Baxter Square neighborhood.  Parking in Baxter Square. The application has been revised so that no access is proposed that would connect Baxter Square to the proposed project. The application is providing adequate on- site parking for the one and two bedroom units.  Traffic on Baxter Lane. Traffic impacts were reviewed by Engineering Division staff and Baxter Lane and nearby intersections were found to have capacity for the proposed homes based on adopted standards.  Three story apartments or condos adjacent to two story townhomes. The buildings are set back 20-feet from the west property line. There are currently no zone edge transitions required between R-3 and R-4 zoned properties.  Loss of views. Community Development does not currently have code standards related to view sheds. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: No lot line adjustments are triggered by this application. Easements must be provided prior to final plan approval. See code provisions.