HomeMy WebLinkAbout03-13-17 Correspondence - M. Rice to H. Davis (Intrinsik Architecture) - Sobo Lofts O AMA �T
Planning
March 13, 2017
Intrinsik Architecture
Heather Davis
111 N. Tracy Ave.
Bozeman, MT 59715
RE: Sobo Lofts Application 16534
Dear Ms. Davis-
The Bozeman Department of Community Development is pleased to award final
approval of your application for the project referenced above. Please be aware that
as the applicant you must comply with all provisions of Chapter 38 of the Bozeman
Municipal Code that are applicable to this project, including but not limited to the
following:
Code Provisions
■ Per Section 38.01.080 & 38.34.110, the proposed project shall be
completed as approved and in this application. Any modifications to the
submitted and approved application materials shall invalidate the project's
legitimacy, unless the applicant submits the proposed modifications for
review and approval by the Department of Community Development prior to
undertaking said modifications. The only exception to this law is repair.
You have the right to appeal this decision of the Community Development Director
pursuant to the provisions of Article 38.35 of the Bozeman Municipal Code.
Please note that this decision is also subject to appeal by other aggrieved parties as
defined by Sec. 38.42.080 of the Bozeman Municipal Code. Such appeals must be
filed pursuant to the provisions of Sec. 38.35.030 of the Bozeman Municipal Code.
An appeal must be filed within 10 working days following the date of this decision. If
a valid appeal is filed, no further action on the project may proceed until a decision
on the appeal is made by the City Commission, and the Community Development
Department and Building Division will not be able to approve any building permits
or to perform any inspections related to this application.
TDD: 406-582-2301 THE MOST LIVABLE PLACE
BOZE MAN
MT
Planning
If you have any more questions, or if the Community Development Department can
be of further assistance, please do not hesitate to contact me at 406-582-2289.
Thank you for your participation in the review process.
Sincerel ,
May ria ice,AICP
Associate Planner
C: Capanna partners, LLC 510 East Cottonwood Street, Bozeman MT 59715; file
TDD: 406-582-2301 THE MOST LIVABLE PLACE
B®Z E MANMT
Community Development
SITE PLAN STAFF REPORT
Project Name: Sobo Lofts Mixed Use Building Application: 16534
Summary: The applicant proposed to the City a Site Plan to allow 42 one-bedroom apartments and 3,000 SF
of commercial space the SOBO Lofts is one of the first development projects to utilize the requirements of the
newly created B-2M zoning district..
Parcel size: 0.6499 ac. 23,311sf Location: 718 West Babcock Street Bozeman, MT 59718
Legal Description: Lots 1-9, Block 3 of Park Addition, S12,T02 S, R05 E, PMM, Bozeman
Zoning: B-2M, Growth Policy: Community Commercial Mixed Use Overlay: NA
Owners : Ca anna partners, LLC 510 East Cottonwood Street, Bozeman MT 59715
A licant s : Ca anna partners, LLC 510 East Cottonwood Street, Bozeman MT 59715
Representative s : Intrinsik Architecture 111 N Tracy Ave. Bozeman, MT 59715
Noticing: Public Newspaper Site Post Adjacent Owners Mailed
Comment Legal Ad 12/28/16 12/28/16
Period NA
12/28/2016
to 1 25/2017
Advisory Board Meetine
Boards: Development Review 10am, 1/18/17, 2nd fl. conference rm., 20 E. Olive St.
Committee
Design Review Board 6pm, 2/8/17, 2nd fl. conference rm., 20 E. Olive St.
RPAB 6pm 2/9/17
City Commission (Cash
in Lieu) 6pm, 2/27/17, City Hall Rouse
DRC 2nd review 10am, 3 8 17, 2nd fl. conference rm., 20 E.Olive St.
Decision: Authority Decision
Director of Community Up to 10 days after DRC recommendation
Development
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16534 Staff Report for Sobo Lofts Site Plan
Page 1 of 10
BOZEMANMT
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SITE PLAN STAFF REPORT
FINDINGS OF FACT and APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 19, 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 to allow 42 one-bedroom apartments and 3.000 SF of commercial
space the SOBO Lofts is one of the first development projects to utilize the requirements of the newly
created B-2M zoning district.. 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. 38.19.100 BMC, and the standards of Ch. 38, BMC; and to
determine whether the plan 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. 33, 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 him/her 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 and subsequent construction comply with all applicable regulations, and all
applicable criteria of Ch. 38, BMC. On this 0 day of AM-CA . 2017, Martin Matsen, Director of
Community Development, approved with conditions this Site Plan for and on behalf of the City of
Bozeman as authorized by Sec. 38.34.010, BMC. The approval of this Site Plan shall be effective for
twelve (12) months from the date of Plan approval,which is the 13 day of 1 W4k . 201 At the
end of this period the Director may, at the request of the developer, extend the approval in
accordance with Ch. 38 Art.19, 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 approval as evidenced by the Director's signature,
following the procedures of Sec. 38.35.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
16534 Staff Report for Sobo Lofts Site Plan
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SITE PLAN STAFF REPORT
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.
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 38.19.100, 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 Meets Code?
policy 38.01.040 C
Growth Polic Land Use -co mmuni Commercial Mixed Yes
Zoning B-2M Community Business Yes
Comments:The property is within the City's municipal service area and otherwise complies with the
goals and objectives of the growth policy. No conflicts between the proposed zoning and the growth
policy have been identified. The intent of the B-2M community business district—mixed is to
function as a vibrant mixed-use district that accommodates substantial growth and enhances the
character of the city. This district provides for a range of commercial uses that serve both the
immediate area and the broader trade area and encourages the integration of multi-household
residential uses as a secondary use.
2. Conformance to this chapter, including the cessation of any current Meets Code?
violations 38.34.160
Current Violations None Yes
Comments: No known zoning violations exist on this property.
3. Conformance with all other applicable laws, ordinances, and Meets Code?
regulations 38.01.080
Conflicts I None Yes
Comments: No specific conflicts have been identified.Additional steps will be required including but
not limited to final plans and building permits. The Department of Community Development
Building Division will review the requirements of the International Building Code for compliance at
the time of application.
4. Relationship of site plan elements to conditions both on and off the Meets Code?
roe 38.19.100
Neighborhood Compatibility Yes
Design and arrangement of plan to produce an efficient, functionally Yes
organized and cohesive development
Design and arrangement of plan in harmony with topography, water bodies, Yes
vegetation,contributing to the overall aesthetics
Conform with local historical or landmark designation requirements, Yes
including the Neighborhood Conservation Overlay District NCOD
Comments: The development is compatible with and sensitive to the immediate environment of the
16534 Staff Report for Sobo Lofts Site Plan
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site and the adjacent neighborhoods and other recently approved development relative to
architectural design, building mass and height, neighborhood identity, landscaping, orientation of
buildings on the site and visual integration.
The project is providing the total parking required with no reductions requested. The building is 50
feet, or 22' shorter than the maximum allowed. The building is incorporated into the slope of the
site to lessen the height impact. The parking structure is wrapped in residential and commercial
uses as required by block frontage standards for B-2M.The commercial is stepped up from the front
to the top floor reducing the mass and bulk of the structure.
5.The impact of the proposal on the existing and anticipated traffic and Meets Code?
parking conditions 38.24.010 and 38.25.010
Street vision Yes Yes
Snow storage Yes
Traffic Impact Provided ransportation grid Yes
Stud LOS [a�dequate to serve site
Comments: The City's engineering department has reviewed the traffic study and found it
adequate for approval of this project. The site is served by a two-lane, one-way (west to east)
minor arterial W. Babcock St, South 7th Ave, and an alley along the southern edge of the project.
The project has been conditioned with a requirement to pave the alley along the southern edge of
the ro ert between S 7th Ave and S 8th Ave.
Parking Required Provided Yes
total
Total 52 52
ADA 2 2
Reductions NA
Bicycle Spaces provided via a rack on the alley intersection with S 7th Yes
Ave I I
Comments: The proposal meets parking requirements. Tab.38.25.050-5(5): First 3,000SF of
building exempt in B-2M.The 42 units are required 52 spaces as proposed.
6.Pedestrian and vehicular ingress and egress 38.19.100 Meets Code?
Safe and easy movement Yes
Pedestrian access locations Yes
Site vision triangles Yes
Fire lanes,curbs,si na a and striping Yes
Comments: Block frontage requirements include a 12' sidewalk. While it does not need to be
continuous, it is required to provide pedestrian connectivity and outdoor usable space along the
block frontage. The project will be required to remove and replace specific trees. The applicant has
utilized design standards to remove no more than needed. Pedestrian connectivity and vehicular
movement is provided on site and adequately integrated into the surrounding pedestrian and
vehicular transportation system.
7. Landscaping, including the enhancement of buildings, the Meets Code?
appearance of vehicular use, open space, and pedestrian areas, and the
reservation or replacement of natural vegetation 38.26.010-100
Submittal requirements for landscape plans 38.41.100 Yes
Mandatory landscaping Yes
Yard Yes
Parking lot creening Yes
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Off-street loading spaces screening Yes
Street ronta a Yes
Acceptable landscape materials Yes
Irrigation:plan, water source, Municipal water with Yes
system type spray,bubblers, drip
Trees or residential adjacency NA
Performance points 23 Yes
City rights-of-way and parks Yes
Tree plantingsforboulevard ROW, drou ht-resistant seed Yes
Public ROW boulevard strips Yes
Irrigation and maintenance provisionsfor ROW Yes
State ROW landscaping NA
Fencing and walls Yes Yes
Comments: A landscape plan was submitted with the site plan application for all proposed
landscaping on the site as required by Bozeman Municipal Code (BMC) and meets the baseline
landscaping points requirement.
The project worked with the Forestry Department to create a street tree removal and replacement
plan for those trees that will be removed.The code, specifically identifies the requirement for both a
12' sidewalk and street trees. The applicant is removing the minimum amount that is required and
still accomplish the 12'sidewalk.
In a review of the block frontage the applicant was notified that the handicapped space along W.
Babcock St is in fact sitting "in front of the structure". The applicant requested and received
approval from DRC for a "departure" to provide additional screening in both landscaping and a
structure (fence).
8.0 ens ace 38.27.020 Meets Code?
Open s ace Yes
Parkland Cash-in-lieu for max. known density max 12 units/acre Yes
0.65 ac.X 12 units/ac.X.03 ac.=0.234 ac. $12,537
Cash donation in-lieu I Yes
Comments: The required open space has been met. The City requires parkland dedication. If
parkland dedication cannot be met onsite the applicant must request approval to provide
compensation. This meeting took place on February 27, 2017, with the City Commission
approving cash-in-lieu of parkland for this infill project.
9.Building location and eight 38.19.100 Meets Code?
Allowed Actual Yes
Lot coverage 100% NA
Height 60' plus limited 12' 50'
additional
Comments: B-2M and block frontage zoning requirements are met for building height and location
as well as roof form and slope. In addition,the project meets commercial district requirements for a
minimum floor-to-ceiling height of 13'for commercial floor space at the ground floor of the building
per the block frontage requirements.
10.Setbacks 38.19.100 Meets Code?
ZoningB-2M Yards feet Structures Parking Yes
16534 Staff Report for Sobo Lofts Site Plan
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Front Block Block
frontage 0' frontage-
not allowed
in front of
structure
Rear 0' 0'
Side 0' 0'
Comments: This project is within the B-2M zoning district. The project is using a mix of block
frontages, Storefront, Landscaped and Mixed. The setbacks are met. The applicant was required
to submit a request for a "departure" in order to meet the appropriate parking lot and screening
standards. The applicant provided additional screening with additional landscaping and a fence
structure. The departure was recommended for approval by the DRC. This departure allows the
project to meet code.
11.Lighting(38.23.150) Meets Code?
Building-mounted lighting cutoff and temperature) Yes
Site lighting cutoff and temperature) Yes
Minimum light trespass at property line Yes
Comments:All light fixtures are full cutoff and the edge of the property shows no li ht trespass.
12. Provisions for utilities, including efficient public services and
facilities 38.21.030, 38.23.050,38.23.060, 38.23.070 Meets Code?
Municipal infrastructure requirements Yes
Easements (utility rights-of-way etc. Yes
Water,sewer and stormwater Yes
Other utilities electric,natural gas,communications Yes
CIL of water Yes
Comments: Plans were reviewed by the City Engineer and have been found to adequately provide
adequate water,sewer and other needed infrastructure.Cash in lieu of water rights has been paid.
13.Site surface drainage 38.23.080 Meets Code?
Drainage design Yes
Stormwater maintenance plan 38.23.030.A Yes
Stormwater feature: landscaping amenity, native species, curvilinear, 75% Yes
live vegetation
Comments: Drainage is approved by City Engineering Department. In reviewing the application
and the updated drawing, the site drainage design satisfies the requirements of the code.
14.Loading and unloading areas 38.23.140 Meets Code?
Loading and unloading None Yes
Comments: No formal loading and unloading areas are required with this project.
15.Grading 38.23.080 Meets Code?
Grading Yes
On-site retention detention Yes
Comments: Grading is approved by City Engineering. If grading requires modification at any
point before construction or in the future, the applicant must obtain approval from the City,
execute an easement, and file the easement with the County Clerk and Recorder for the fill material
and provide a copy of the filed easement to the City Engineering Department prior to the site plan or
modification approval.The application demonstrated that the stormwater runoff will infiltrate from
the system between storms as necessary. The calculations included seasonal high groundwater
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potential.
16.Si na a 38.28.010 Meets Code?
Proposed (sq.ft) NA NA
Comments: Not required for site plan approval.A master site plan will be required for a building
with multiple tenants. One comment from engineering involved a site plan correction.
17.Screening 38.21.050 and 38.26.050 Meets Code?
Mechanical equipment screening Yes
Additional screening Yes
Comments: Adequate screening of utility installations will be reviewed with the building permit.
The application indicated that rooftop mechanical equipment will be screened by the parapet. A
departure was approved for additional screening (vegetative and fence) to be completed for the
handicapped space in the front of the structure.
18.Overlay district provisions 38.16.010, 38.17.010,38.18.010 Meets Code?
Neighborhood Conservation Yes
Entryway NA
Casino NA
Comments: This project is located within the Neighborhood Conservation Overlay District
(NCOD) and requires a certificate of appropriateness (CCOA). Staff completed Administrative
Design Review to analyze the proposed design's compliance with the NCOD guidelines as part of
the site plan review.The review is on pages 8 to 10 of this document.A separate Demolition COA
application is required, if the demolition is done prior to building permit approval,to ensure that
the process can proceed independent of site plan approval.
19. Other related matters, including relevant comment from affected Meets Code?
parties 38.40.010
Public Comment 20 Yes
Comments: Public notification was completed in accordance with UDC Chapter 38, Article 40.
Refer to noticing dates on page 1 of this report. Planning staff and engineering staff met with
individuals to discuss the project. Planning staff received emails and letters regarding the project
and the protocol for the approval.
An analysis of each of the comments was conducted with the following items identified as the top
priorities:
Traffic. Engineering required a traffic study for the project. City engineering reviewed the plan
and indicated that the trips generated did not require additional offsite improvements.
Alley.Engineering is requiring the alley be upgraded to City paving standards.
Parking.This project is providing the total parking required for a mixed use project in the B-2M
district.The project is not utilizing any of the reductions allowed within the UDC.
Height. The total height of this project is 22 feet shorter than the maximum height allowed
within the UDC.
Mass. The project is a linear structure aligned east / west. The project is specifically stepped
down to from residential to commercial to allow more sunlight filtration and lessen the mass.
Neighborhood Compatibility. This project is within the NCOD and the new B-2M zoning.Those
character requirements have been reviewed and this project does comply with the requirements.
Street trees. The applicant is preserving the total trees obtainable, while upholding UDC,
Engineering, ADA compliance and building code standards. A replacement plan has been
approved for those trees removed.
20. If the development includes multiple lots that are interdependent Meets Code?
for circulation or other means of addressing requirement of this title,
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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.
38.23.060
Required Easements None Yes
Shared access easement No # of lots served I NA Yes
Comments: A parcel aggregation application is required to combine the lots within the project.
Buildings cannot be built across property boundaries. The approval of this will be required prior
to building permit issuance.
21.Compliance with article 43 of chapter 38 of the BMC 38.43.010 Meets Code?
Affordable Housing NA Yes
Comments: This requirement is not applicable to the subject application.
22.Phasing of development 38.41.080 Meets Code?
Phasing No I # of phases 1 Yes
Comments:This is an individual site plan.
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT REVIEW CRITERIA
Article 16 of the Bozeman Municipal Code (BMC) sanctions the Neighborhood Conservation Overlay
District (NCOD) and specifies the standards for granting Certificate of Appropriateness (COA)
approval for new construction within a historic neighborhood. All new construction, alterations to
existing structures, movement of structures into or out of the neighborhood conservation overlay
district, hereinafter referred to as the conservation district or NCOD, or demolition of structures by
any means or process are subject to administrative design review unless specifically exempted.The
recommendations of the design review board or administrative design review staff shall be given
careful consideration in the final action of the review authority.According to COA standards,criteria
from the 2006 City of Bozeman Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay have been applied to the subject proposal based upon the character of the
proposed activities.
Project
Address 718 West Babcock Street Bozeman, MT Application 16534
59718
Existing Site The subject lot(s) are currently developed with a non-contributing house and a
Conditions vacant commercial building. The project is within the Cooper Park
Neighborhood boundaries. The project is not within an historic district. The
existing structures on site are not considered contributing.
Alterations Site plan with CCOA application for demolition of and redevelopment of the
project to meet the current B-2M standards.
Historic District No I NCOD Guidelines Ch. 2
Comments:This project has provided a number of innovative design characteristics to provide
assurance to the appropriateness and compatibility including:
■ Chapter 2. A. The project is working with the slope of the property to sit the
building at a lower elevation
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• Chapter 2. B. The street patterns have been set. This site originally had a
"commercial" building in the center of the lot. This structure will be more in
line with the historical nature of the area, with the building pushed to the street
edge.
• Chapter 2. C. The code indicates that alleys should remain unpaved if feasible.
With the parking, as identified in this project, backing into the alley, the
applicants have been asked to pave the alley.
• Chapter 2. D. The block frontage standards require a 12' sidewalk. There is a
balance between removing or having the older trees remain in place and
creating the streetscape that the block frontage standards require. The
applicant is removing a minimal amount to be replaced with new street trees.
■ Chapter 2. E. The project is maintaining and enhancing the landscaping to meet
the new block frontage requirements.
■ Chapter 2. F. The building form is similar to those structures that are within the
B-2M zoning district. The project is providing a step up, from commercial to
residential, to lessen the bulk of the structure. The building is oriented so the
structure in an east/west configuration to allow for light filtration.
• Chapter 2. G. The project is complying with the storefront block frontage
standards for windows, doorways and awnings.
• Chapter 2. H. The project is providing a mixed palette of materials and color
schemes with a sense of permanence
• Chapter 2. I. The project is providing a step up, from commercial to residential,
to lessen the bulk of the structure. The building is oriented so the structure in
an east/west configuration to allow for light filtration.
• Chapter 2. J. This project is required to provide 52 parking spaces and is
ensuring that parking and traffic standards have been met.
• Chapter 2. K. The parking areas are either interior to the structure or are
screened according to the storefront and mixed block frontage standards.
• Chapter 2. L. The lighting proposed is downward facing and full cutoff to ensure
the project is not providing light trespass to the surrounding properties.
• Chapter 2. M. The utilities and service areas are away from major streets and
screening is provided as recLuired.
Standards for certificates of appropriateness in NCOD (Section, 38.16.050,BMC)
Conforms to NCOD guidelines and 38.16.050. Yes
Conforms to NCOD guidelines and 38.16.050,with Conditions below. NA
Does not meet NCOD requirements and 38.16.050,per Comments NA
Conditions
No. Standard Condition
None NA NA
CODE PROVISIONS
Per Section 38.01.080 & 38.34.110, the proposed project shall be completed as approved and
conditioned in the Certificate of Appropriateness application.Any modifications to the submitted and
approved application materials shall invalidate the project's legitimacy, unless the applicant submits
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the proposed modifications for review and approval by the Department of Community Development
prior to undertaking said modifications.The only exception to this law is repair.
Per Section 38.34.100.6,the applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval, or said approval shall become null and void. Please call the Building
Division at 406-582-2375 for more information on the building permit process.
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