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HomeMy WebLinkAbout16432 Black Olive Site Plan Staff Report Final - DRBPage 1 of 14 16432 Black Olive Site Plan Staff Report Date: Design Review Board, November 9, 2016. Project Description: A site plan and certificate of appropriateness application for the demolition of the existing office building and the construction of a 55 unit apartment building and related site improvements that includes: 16 studio apartments, 24 one bedroom apartments, 15 two bedroom apartments, 35 parking spaces, 3 carshare vehicles. 1000 square feet of commercial space is proposed on the ground floor. Project Location: The site is located at 202 South Black Avenue. The legal description is attached to the staff report due to size. The lots combined contain a total of .4407 acres. Recommendation: Administrative Design Review Staff does not recommend approval of the design presented in the application. Site Plan and Certificate of Appropriateness: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application16432 and move to recommend denial of the Black Olive Site Plan and Certificate of Appropriateness application subject to all applicable code provisions. Report Date: November 2, 2016 Staff Contact: Brian Krueger, Development Review Manager Alternatives 1. Recommend Approval of the application with the recommended conditions with modifications to the recommended conditions and report findings; 2. Recommend Approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend Denial the application based on the Design Review Board’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS Alternatives ......................................................................................................................... 1 16432 Black Olive Site Plan Staff Report Page 2 of 14 SECTION 1 - MAP SERIES............................................................................................................................... 3 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................................... 3 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ......................................................... 4 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS .................................. 4 SECTION 5 - STAFF ANALYSIS AND FINDINGS .................................................................................... 4 Applicable Plan Review Criteria, Section 38.19.100, BMC. ...................................................... 4 Applicable Design Standards and Guidelines, Section 38.16.050, BMC .......................... 10 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY .................................................. 12 APPENDIX B - NOTICING AND PUBLIC COMMENT ......................................................................... 13 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................................ 14 ATTACHMENTS ..................................................................................................................... 14 16432 Black Olive Site Plan Staff Report Page 3 of 14 SECTION 1 - MAP SERIES SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES 1. None. 16432 Black Olive Site Plan Staff Report Page 4 of 14 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended 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. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. See the attached DRC memorandums. SECTION 5 - STAFF 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. Applicable Plan Review Criteria, Section 38.19.100, BMC. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy The project site has a future land use designation of Community Core and a zoning designation of B-3, central business district. The property is served by municipal services. This project is a proposed infill project to add residential housing to support the downtown core of the City. The project is in conformance to and consistent with the City’s adopted growth policy, but does not fully comply with the adopted subarea plan for this area. The site is located within the limits of the study are of the Downtown Improvement Plan, an adopted subarea plan of the Bozeman Community Plan. The proposed project is located in the South Village area of the downtown plan, which is designated for Commercial and Mixed Uses including residential uses. The plan states “The presence of significant housing is the most critical missing piece of Bozeman’s downtown, and for it to be vital and sustainable over time, housing should be developed in great numbers and varieties, at all price points, both rental and for-sale… The very future of downtown is dependent upon the successful development of housing – both for people in the community who wish to stay but downsize, as well as for newcomers.” 16432 Black Olive Site Plan Staff Report Page 5 of 14 The Black Olive project supports dense housing and provides a variety of smaller sized apartments that do not exist in the downtown housing market. The Downtown Improvement Plan indicates that the Downtown District must meet a higher level of design. It states, “Design standards and guidelines should supplement these basic standards and are best written in a way that offers choices and allows for projects that are innovative, creative, and of superior design as individual buildings while also contributing to a cohesive Downtown District.” Guiding principle number 10 of the Downtown Improvement Plan states “New buildings should be designed to the level of permanence and quality appropriate for a downtown setting.” In May of 2015 the City Commission approved new design guidelines for the halo of B-3 zoned properties outside of the B-3 core area that apply to this site in the South Village. These new guidelines echo that language in guiding principle 10. Staff finds that this project does not meet the guiding principle 10. The findings in the section analysis for the Applicable Design Standards and Guidelines, Section 38.16.050 below are incorporated by reference into this criterion analysis. DOWNTOWN IMPROVEMENT PLAN SOUTH VILLAGE N 2. Conformance to this chapter, including the cessation of any current violations There are no current violations existing on the subject property. 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. The project conforms to the chapter referenced in the BMC, Chapter 38. Project Location 16432 Black Olive Site Plan Staff Report Page 6 of 14 3. Conformance with all other applicable laws, ordinances, and regulations The proposed uses of the site are consistent with the allowed uses of the B-3 district. No specific conflicts have been identified outside of the required Bozeman Municipal Code corrections identified at the Development Review Committee. Additional steps will be required including but not limited to final plans 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 application. Condition of approval 1 requires full compliance with all applicable code requirements. 4. Relationship of site plan elements to conditions both on and off the property The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. The building does not comply with permanence in building materials, building quality, architectural integration, neighborhood identity, orientation of service areas and a requirement to have a combination of building materials and articulation on the east façade. The findings in the section analysis for the Applicable Design Standards and Guidelines, Section 38.16.050 below are incorporated by reference into this criterion analysis. The building front is orientated to East Olive Street and South Black Avenue and the building is placed near the minimum setback line. Access to the building is from the adjacent local streets. The parking is internal to the building and is screened from public view. A mix of uses is provided including residential and commercial. For this plan review criterion the guidelines for the B-3 Commercial Areas within the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District provide more granular standards for site plan and building design in this location. Staff finds that the project meets many of the guidelines for building mass and scale and transitions based on the overall height and mass of the building. Staff finds non compliance with exterior wall planes materials and articulation for the east elevation, but the overall project meets the zoning envelope for setbacks and height, exceeding yard requirements along the south property line with a ten foot setback provided. The guidelines for the B-3 Commercial Areas within the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District do not have requirements for transitions in height for projects wholly within the area of the B-3 zoning district nor do they require an analysis or guidelines regarding the built environment directly around the project site if within the B-3 district and not abutting another residential zoning district. This project is within the limits of the B-3 district, outside of the historic core and does not directly border a residential zoning district. 16432 Black Olive Site Plan Staff Report Page 7 of 14 5. The impact of the proposal on the existing and anticipated traffic and parking conditions A traffic study was required by the Engineering Division for this project due to its proposed uses and the increase in trip generation anticipated. The study analyzed the adequacy of the existing street network to accommodate the increased traffic generation. No offsite improvements to the existing network were identified. Onsite parking is provided for 35 parking spaces. Three car share spaces are proposed, each satisfying the requirement for five spaces. Five parking spaces are proposed on street. The access for the carshare spaces does not comply with code. One on street space does not comply with code. The proposed parking does not comply with standards as configured. 6. Pedestrian and vehicular ingress and egress Pedestrian access is provided by multiple access locations on both South Black Venue and East Olive Street. The proposed street frontage sidewalks conform to code requirements. Two vehicular access locations are proposed: one to the parking garage from East Olive Street and three accesses to car share parking garages from South Black Avenue. The vehicular accesses do not comply with code requirements. The vehicular accesses are too close to the adjacent property lines to comply with requirements. The proposed carshare spaces are configured to require backing into the right-of-way on South Black Avenue which is not allowed. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation The yards are landscaped per code requirements. Foundation landscaping is provided along the front elevation along South Black Avenue. The ten foot yard provided between the building and south property line is landscaped conformance to requirements. Street frontage landscaping complies with requirements. Tree protection is proposed during construction. One existing street tree is proposed for removal. City Forestry will appraise the tree and the applicant must pay the City for the value of the tree. Irrigation is proposed, in part, to be provided by collected stormwater on site. 8. Open space. Residential open space is required to be provided. The application proposes to utilize individual balconies for each unit to satisfy requirements. 6250 square feet of open space is required, 6250 square feet is provided. The application as shown conforms to requirements with the confirmation of the areas as requested during the DRC review. 16432 Black Olive Site Plan Staff Report Page 8 of 14 Cash in lieu of dedication is proposed for the parkland requirement. Based upon maximum density of 12 units to the acre: .1587 acres or 6, 912 square feet of parkland is required. Additional steps are required to satisfy the payment of the cash in lieu requirement. A code correction was noted during the DRC review. 9. Building location and height In the B-3 district in this location there are no yard requirements. The application proposes a varying setback at or close to the property line along East Olive Street and South Black Avenue. A five foot setback is proposed along the east property line to accommodate a pedestrian egress and a five foot utility easement for underground electric and communications. A ten foot landscaped yard is proposed along the south property boundary to accommodate landscaping and a ten foot utility easement for an underground gas line. The building is proposed with a flat roof with a parapet. The building is shown with a maximum parapet height of 59’ 2”. Rooftop mechanical screening is shown extending approximately one foot above the parapet wall. A utility and mechanical access to the rooftop for maintenance is proposed in one location extending to a maximum of 70’. The project complies with height requirements. The commercial ground floor of a building in the B-3 District is required to be 12’ in height from floor to ceiling. The proposed ground floor is proposed as 12’ floor to floor and must be revised to comply with standards. 10. Setbacks The project complies with all setbacks. 11. Lighting Wall mounted lighting is proposed. Staff cannot determine if the lighting proposed complies with requirements. A request for additional information was requested during the DRC review. 12. Provisions for utilities, including efficient public services and facilities New water and sewer connections are proposed. A water service and fire line service are proposed from a main in East Olive Street. A new sewer connection is proposed at South Black Avenue. Adequate water capacity exists to serve the building. The Engineering Division noted during DRC review that additional information is required to determine adequate sewer capacity. NorthWestern Energy can provide services to accommodate the project and a connection to the existing utility grid for both gas and electric connections.. Two new transformers are required. The existing overhead electrical service on the site must be reconfigured underground to accommodate the project. Adequate easements have not been provided to accommodate utilities per code 16432 Black Olive Site Plan Staff Report Page 9 of 14 requirements. An existing communications easement must be reconfigured to accommodate communications. 13. Site surface drainage The site surface drainage is under review. Stormwater storage is proposed in an underground cistern within the parking facility. The DRC has requested additional information in order to determine if the project complies with Engineering Division Standards. 14. Loading and unloading areas No loading area is proposed or required. 15. Grading Minor site grading is proposed to allow the proper functioning of the stormwater facilities. The site grading for the project conforms to code requirements. 16. Signage Not applicable. Building identification signage is shown. No new commercial signage is proposed at this time. Based upon the building frontage dimensions of the building, the allowable maximum signage amount for the building is 250 square feet. 17. Screening Mechanical screening is provided on the rooftop to screen mechanical units. The building architecture screens the interior structured parking. A shrub landscape buffer is proposed along the south foundation of the building. 18. Overlay district provisions The site lies within the Neighborhood Conservation Overlay District. Criteria have not been met with the presented design. See the findings in the following review criteria section. 19. Other related matters, including relevant comment from affected parties Fourteen public comments to date have been received on the application. Thirteen comments recommend to not approve the project. One public comment recommends to approve the project, but requests a moratorium on new buildings in downtown. One comment from the Downtown Bozeman Partnership did not comment directly on the project approval, but provided a link to an article regarding infill development. The comments are attached to this report. The public comments recommending to not approved the project focus on the following major topic areas: 1. Mass, bulk and scale of the building in relation to the current adjacent buildings. 16432 Black Olive Site Plan Staff Report Page 10 of 14 2. The aesthetics of the building in relation to historic districts and downtown development. 3. Inadequate parking, lack of the availability of the proposed on street parking. 4. Questions the viability of the car share proposal. 5. Impact on the immediate neighborhood during construction. 6. Impact on traffic flows along Olive Street. 7. Loss of privacy due to views from the building overlooking adjacent properties. 8. Light trespass from the building on adjacent properties. 9. Shading by the building on adjacent streets and properties. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming or Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. The site includes multiple parcels, lots, easements and utilities. A subdivision exemption application must be approved to consolidate or otherwise adjust the site to accommodate the project. This item was noted during the DRC review of the project. 21. Compliance with article 43 of chapter 38 of the Bozeman Municipal Code The application states that no affordable housing is proposed. 22. Phasing of development No phasing is proposed. Applicable Design Standards and Guidelines, Section 38.16.050, BMC The property under consideration is located within an area designated as the Neighborhood Conservation Overlay District. Administrative Design Review staff has reviewed the application against the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District and find that the plan is not in compliance with guidelines. The following guidelines were found to not be satisfied by the project: All references to SubChapter 4-B Guidelines for the B-3 Commercial Character Area. A.1 Mass and Scale. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement Plan. Floor to floor heights for commercial and 16432 Black Olive Site Plan Staff Report Page 11 of 14 mixed use buildings shall be designed to accommodate a variety of current and future uses. The first floor level of new commercial and mixed use buildings shall maintain a floor to floor height of 15 feet. The project does not comply. The project includes a floor to floor height of 12 feet. A.3 Mass and Scale. A new building should exhibit clear order and comprehensive composition on all elevations. Entire facades of a single surface are discouraged. A combination of materials and articulation of building elements shall be expressed in the proposed architectural character.. The project does not comply. The east elevation of the building facade is proposed with a majority of a single surface and finish. The building will be perceived with a single surface. A.3 Mass and Scale. A clear narrative of the design process and intent and compliance with these guidelines shall be included with the application. The narrative shall address these guidelines and may propose an alternative method(s) of compliance to clearly meet the intent of these guidelines. Alternative proposals may be approved by the Director of Community Development. The project does not comply. No narrative was included in the application. B.1 Building Quality. New buildings shall be designed to the level of permanence and quality appropriate for downtown Bozeman. The project does not comply. The proposed corrugated siding and ceda rainscreen exterior are not exterior building materials that have a level of permanence and quality appropriate for downtown Bozeman. B.2 Building Quality. Sustainable methods and techniques shall be applied to building design but also integrated with site layout and infrastructure design. The project does not comply. Other than capture of stormwater for irrigation purposes no sustainable methods and techniques can be determined that were applied to building design or site layout and infrastructure design. D. 1 Site Design. Creates strong connections between downtown’s sub districts, and between downtown and the surrounding neighborhoods. Commercial building facades along secondary(local) streets shall enhance the pedestrian experience by providing street level facades with a minimum of 50% transparent windows. The project does not comply. The design does not include a minimum of 50% transparent windows on the street level facades. E. Parking Facilities For residential projects enclosed parking is preferred to surface parking lots. Locating enclosed parking on the front façade of a multi-household building is inappropriate. Doing so may increase the perceived mass and scale of the structure as a whole. The project does not comply. Enclosed parking for the car share parking spaces is proposed on the front façade of this multi-household building. 16432 Black Olive Site Plan Staff Report Page 12 of 14 I. Utilities and Service Areas. Orient service entrances, waste disposal areas and other similar uses toward service lanes and away from major streets. Areas for outdoor storage, truck parking, trash collection or compaction loading, or other such uses shall be located so as not to be visible from abutting streets. The project does not comply. The trash enclosure is visible from the abutting streets. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Classification The subject property is zoned “B-3” (Central Business District). The intent of the B-3 District is to provide a central area for the community's business, government services and cultural activities. Uses within this district should be appropriate to such a focal center, with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. Adopted Growth Policy Designation: The property is designated as “Community Core” in the Bozeman Community Plan. This area is described as “The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.” 16432 Black Olive Site Plan Staff Report Page 13 of 14 This property is located within the boundaries of the Downtown Bozeman Improvement Plan, which is an adopted sub-area (neighborhood) plan of the Bozeman Community Plan. See number 1 in Section 5 of this report. APPENDIX B - NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail October 13, 2016, at least 15 and not more than 45 days prior to the expected decision. The public comment period as initially noticed to close on November 14, 2016. Notice was published in the Bozeman Daily Chronicle was not required. Notice was posted on site on October 14, 2016. Public comment is being received in regard to this project. See item number19 in Section 5 of this report. The City Commission voted to reclaim review authority jurisdiction of this project from the Director of Community Development on October 24, 2016. The public comment period will remain open until the Commission acts on the application. A new notice will be sent and posted on the application once an agenda meeting date is set for the application review. The code requires that the applicant correct the application to comply with zoning requirements prior to a final recommendation by the Development Subject Property 16432 Black Olive Site Plan Staff Report Page 14 of 14 Review Committee and prior to review by the City Commission. No review date before the Commission has been set. The applicant is revising the application to comply with code requirements. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Olive and Black, LLC 20 N. Tracy Ave, Bozeman, MT 59715 Applicant/Representative: Andy Holloran 20 N. Tracy Ave, Bozeman, MT 59715 Report By: Brian Krueger, Development Review Manager ATTACHMENTS Application Materials DRC memos from Engineering and Planning Public Comment The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.