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HomeMy WebLinkAbout22118 Staff Report FINAL Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 1 of 14 Application No. 22118 Type Site Plan Project Name Boulder Creek Apartments Phase 2 Site Plan Summary Residential development of 48 dwelling units in three buildings, providing 92 off-street parking spaces and associated site improvements. The project will consist of one 12-unit apartment building, and two 18-unit apartment buildings on lots 3 and 4, Block 5, of Boulder Creek Subdivision Phase 1. The property is zoned R-4, residential high-density district. Boulder Creek Apartments Phase 1 with 54 dwelling units in three buildings was approved in 2022 and currently approved for construction in lots 1 and 2, Block 5 to the south. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 2.47 Acres Overlay District(s) None Street Address TBD Abigail Lane, Bozeman Legal Description Boulder Creek Sub Phase 1, S04, T02 S, R05 E, Block 5, Lots 3-4, Plat J-633; City of Bozeman, Gallatin County, Montana. Owner Rosa Johnson Development, 2264 Jackrabbit Lane, Unit B Bozeman, MT 59718 Applicant Same as Owner Representative Morrison-Maierle, Inc, PO Box 1113, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/16/2023 to 9/7/2023 8/16/2023 8/16/2023 N/A Advisory Boards Board Date Recommendation Development Review Committee 08/10/2023 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions DRB 9/11/2023 Approval 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: 9/21/2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 2 of 14 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 48 dwelling units in three buildings, providing 92 vehicle parking spaces and 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 ________________, 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 Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 3 of 14 CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant must file the revised SID waiver with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) on City standard record form. The applicant must provide a copy of the recorded SID waiver prior to final site plan approval. CODE PROVISIONS 1. BMC 38.410.130 – Water rights. Cash-in-lieu of water rights (CILWR) must be paid prior to final site plan approval. 2. BMC 38.420.030.C – Cash-in-lieu of parkland. The applicant must replace the parkland-tracking table with the table provided to the applicant or amend the existing table to match the format provided. Estimated in-lieu value is $33,976.80; final value must be determined and paid prior to final site plan approval. 3. BMC 38.240 Part 4 – Subdivision Exemptions. The amended plat for the boundary line realignment between lots 3 and 4 must be recorded prior to final plan approval. ADVISORY COMMENTS 1. No sub-phasing or occupancy phasing is proposed with this application. The applicant acknowledged on 9/27/22 that no buildings entitled with this application may be granted a final certificate of occupancy until all buildings, and all site improvements are completed. Landscaping may be financially guaranteed to accommodate seasonality. Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 4 of 14 Figure 1: Current Zoning Map Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 5 of 14 Figure 2: Proposed Site Plan Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 6 of 14 Figure 3: Landscape Plan Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 7 of 14 Figure 4: Elevations 12-Plex (One Building) Abigail Lane Building 1: “Rear” Faces Street Frontage, “Front” Faces Interior Parking Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 8 of 14 Figure 5: Elevation 18-Plex (Two Buildings) Buildings 2 and 3: “Rear” Faces property line, “Front” Faces Interior Parking Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 9 of 14 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-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 city limits in proximity to existing and developing parks, commercial nodes, and schools. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: Per advisory comment 1, the applicant acknowledged on 9/27/22 that no buildings entitled with this application may be granted a final certificate of occupancy until all buildings, and all site improvements are completed. Landscaping may be financially guaranteed to accommodate seasonality. Special use Permit 38.230.120 NA Comments: No special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartment Buildings Yes Form and intensity standards 38.320 Zoning: R-4 Setbacks (feet) Structures Parking / Loading Yes Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 10 of 14 Front Block Frontage / 10-15’ Block Frontage / 15’ Rear 20 20 Side 5 5 Alley NA NA Comments: Multi-household buildings are subject to block frontage standards. Abigail is a designated landscaped block frontage with a minimum building placement setback of 10-feet. The buildings are proposed 15-feet from the front property line, with 2’ 8” tall split face CMU screening walls projecting 5- feet from the building, but not into the 10-foot utility easement. The rear setback of 20-feet is met along the east property line, with allowable encroachment of the ground level CMU patio screening walls. It is not permissible for upper level patios to encroach into front, side, or rear setbacks. No upper level patios are proposed to encroach into any setbacks. A side setback is present along the south property line, with a 5-foot setback required from the 30-foot pedestrian easement. A 10-foot setback is proposed from that property line with Building 2. A 10-foot setback from the Oak Street property line is provided. No buildings are proposed to front on Oak, but an open space area is provided along that frontage. A subdivision exemption application to modify the lot lines between the two subject lots is under review and must be recorded prior to final plan approval. Lot coverage 16.2% Allowed 50% Yes Building height 38-feet both building types Allowed 50 Feet Yes Comments: Building heights for both the 12-unit and 18-unit buildings are 38-feet from grade, with varying roof pitches including and between 3:12 and 10:12. Maximum heights for single household structures in R-4 at these roof pitches allows 50-feet. Lot coverage is also met with the proposed project. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA, the proposed project is not subject to zone specific or overlay district standards. General land use standards and requirements 38.350 Yes Comments: Allowable setback encroachments are met. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA, the proposed projects is not subject to any supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing incentives are requested. 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 Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division however, a peak-hour trip generation letter was provided by the Applicant to ensure that the proposed project would not exceed the original assumed trip estimates reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. A Waiver of Right to Protest Creation of Special Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 11 of 14 Improvement Districts (SID’s) for future transportation improvements is a required condition of approval ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Comments: Sidewalks are to be provided along the primary street frontages. The midblock crossing sidewalk and landscaping must be completed with phase 1. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Two drive accesses are proposed, one from Abigail Lane and one from the phase 1 development to the south; engineering evaluated both drive accesses for spacing and design standards.. This connection to the adjacent property is proposed to be constructed with phase 3 of the phase 1 project. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: No new pedestrian easements are proposed with this project. A pedestrian transportation pathway within an existing easement will be constructed with phase 1. 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 Yes Comments: A previously platted midblock crossing will be improved with phase 1. 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 Yes 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. CIL of water rights is required prior to final plan approval. Easements have been provided for utilities and stormwater. 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 Yes Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. All drainage ponds are proposed to be landscaped according to depth and grade. Watercourse setback 38.410.100 NA Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 12 of 14 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 CIL required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: The applicant must provide a final estimation and pay CIL of parkland 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 directly to the southeast, and the southwest that can be accessed via sidewalk and existing recreation paths. A new park is proposed in the Northwest Crossing Development to the north and will be developed in phases. 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 NA Comments: This proposed project is meeting the landscaped block frontage standards for Abigail Lane including building placement, building entrances, façade transparency, weather protection, and parking location. The buildings are placed 15-feet from the property line, meeting the 10-foot setback requirement. The primary frontage for this application is Abigail Lane, no buildings are proposed along the Oak Street frontage, but an open space designed as a “dog park” has been proposed there. The applicant is providing a 10-foot landscaped setback between ground level living spaces and interior walkways meeting the front setback option in 38.510.030.J.2. 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: Interior sidewalks are proposed along the perimeter of the parking area that will allow for direct access to an open space area and trash enclosures. All interior frontages of buildings are proposed with pedestrian facilities that connect throughout the site and to the public sidewalk network. Adequate pedestrian access will also be provided to the phase 1 lots to the south and to the Boulder Creek Subdivision open space that will connect to both north-south and east-west trails. 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 Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 13 of 14 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 96 spaces Reductions residential 38.540.050.A.1.b 4 on-street Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 92 spaces Provided on-street 4 on-street available Bicycle parking 38.540.050.A.4 9 req., 12 provided Comments: This project proposes 48 two-bedroom units with a total of 96 parking spaces required. Parking is proposed within a shared surface parking lot. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. On-street parking provides a residential reduction of 4 spaces. Bike parking will be provided at racks adjacent to each proposed building with inverted U racks. Bicycle parking areas meet the length and width dimensions for each stall and utilize the sidewalk to meet circulation requirements. 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 On-site open space 38.520.060 Total required 7,200 square feet Yes Total provided 9,170 square feet Yes Comments: Private ground level patios with low privacy fencing are provided for each ground level unit and total 1,280 square feet. Upper level patios that are recessed into the building, and meet the minimum area and dimension requirements of this section make up 1,782 square feet of open space. Shared open space located at the north side of the property makes up the balance required and totals 6,108 square feet. The amenities in the shared open space consist of two benches, irrigated fenced in turf, and a dog waste station. The application meets the minimum requirements for usable residential open space. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Mechanical equipment is proposed in the wall on each unit’s patio. The area the condensing units occupy is deducted from the provided open space on each patio. Meters are to be screened by privacy screens. Solid waste will be collected via shared dumpsters within a covered solid waste enclosure that meets the requirements of this section. 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 apartment buildings are meeting the building design standards of this section including articulation, materials, and details. Changes in roofline, materials, and windows/patios are used for articulation. Primary building materials include 24 Ga. Corrugated metal, horizontal Hardie lap siding, horizontal fir siding, asphalt roofing, and standing seam roofing. Staff Report Boulder Creek Apartments Phase 2 Site Plan Application No. 22118 September 5, 2023 Page 14 of 14 Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along the three street frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: NA 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: No site lighting is proposed. Building mountain wall packs meet minimum standards. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A subdivision exemption application to modify the lot lines between the two subject lots is adequate and must be recorded prior to final site plan approval. Adequate original easements have been provided to engineering for water, sewer, and stormwater infrastructure.