HomeMy WebLinkAbout17188 Staff Report DRB Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 1 of 13
Application No. 17188 Type Site Plan, Certificate of Appropriateness, Demolition, Departures
Project Name BG Mill
Summary A Site Plan application to allow the demolition of the existing mill building and the
construction of a five story mixed use building with departures.
Zoning B-3 Growth
Policy
Central Business District Parcel Size .512 acres
Overlay District(s) Neighborhood Conservation Overlay District
Street Address 714 E. Mendenhall Street, Bozeman, MT
Legal Description Lot 1 Northern Pacific Addition, S07, T02S, R06E, P.M.M., Gallatin County, Montana.
Owner BG Mill, LLC 102 N. Broadway Avenue, Bozeman, MT 59715
Applicant Pearson Design Group 102 N. Broadway Ave. Bozeman, MT 59715
Representative Pearson Design Group 102 N. Broadway Ave. Bozeman, MT 59715
Staff Planner Brian Krueger Engineer Griffin Nielsen
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
9/7/18-10/1/18 9/7/18 9/7/18 N/A
Recommendation Approval
Decision Authority Director of Community Development Date
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 2 of 13
PROJECT SUMMARY
The subject property is within the Neighborhood Conservation Overlay District (NCOD) and located within the northeast
neighborhood. The subject property is not within a historic district. Administrative Design Review (ADR) has reviewed the
design and found the plans do comply with the standards and intent of NCOD Design Guidelines. The following report reviews
how the proposal complies Plan Review Criteria, the Growth Policy, Zoning Standards, Engineering Standards, the NCOD
Design Guidelines and the Certificate of appropriateness criteria (C)OA). The DRB is required to review all of the Plan Review
Criteria. The project complies with all design criteria within the NCOD Design Guidelines.
Pursuant to section 38.340.020, the Design Review Board (DRB) authority; development applications located within the
overlay district for a project of this size and intensity. The DRB is required to make a recommendation to the Director on this
application. The Design Review Board meeting will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission
room at 5:30 p.m. on September 26, 2018. The Director of Community Development will make the final decision on this
application after the public comment period is closed.
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Conditions approval
provided below are within the purview of the DRB. Additional conditions of approval and code corrections are required and
will be included with the final report provided to the Director of Community Development
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.
2. Those which may be identified by the DRB as recommended conditions.
CODE PROVISIONS
Development Review Committee comments are not complete as of the date of this report.
1. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage
b. Street improvements to North Broadway Avenue including paving, curb/gutter, sidewalk, and storm drainage
c. Street improvements to East Main Street including paving, curb/gutter, sidewalk, and storm drainage
d. Intersection improvements to East Mendenhall Street and North Broadway Avenue
e. Intersection improvements to East Main Street and North Broadway Avenue
f. Intersection improvements to East Main Street and Highland Boulevard
The document filed must specify that in the event an SID is not utilized for the completion of these improvements,
the developer agrees to participate in an alternate financing method for the completion of said improvements on
a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the
filed SID waiver prior to site plan approval.
2. The transfer of water rights or the payment of cash-in-lieu of water rights must be provided in accordance to
Bozeman Municipal Code (BMC) section 38.410.130.
3. Cash in lieu of parkland must be provided in accordance to Bozeman Municipal Code (BMC) section 38.420.030.
Figure 1: Current Zoning Map
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
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Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
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Figure 2: Proposed site plan
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BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
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Figure 3 & 4: Conceptual Renderings
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 to and consistency with the City’s adopted growth policy
38.100.040 B
Meets Code?
Growth Policy Land Use Central Business District Yes
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 6 of 13
Zoning B-3, Downtown Business District Yes
Comments: The uses are allowed within the zoning district. The property is within the City’s municipal service
area. The project is an infill redevelopment providing a mix of uses at urban densities. Staff finds that the project
does contribute to the goals of the growth policy.
2. Conformance to this chapter, including the cessation of any current
violations 38.200.160
Meets Code?
Current Violations None Yes
Comments: There are no current violations on the subject property
3. Conformance with all other applicable laws, ordinances, and regulations
38.100.080
Meets Code?
Conflicts None Yes
Condominium ownership NA NA
Comments: The proposed uses of the site are consistent with the allowed uses of the B-3 district. No specific
conflicts identified. Additional steps will be required including but not limited to final payment for cash in lieu
of water rights, recordation of the SID waiver and final plan documents and approval of building permits. The
Building Division of the Department of Community Development will review the requirements of the
International Building Code for compliance at the time of building permit application.
4. Conformance with Plan Review for applicable permit types as specified in
article 2 Section 38.230
Meets Code?
Site Plan & Certificate of Appropriateness (COA) Yes
Comments: The site plan and COA criteria are met this this project. The proposal is not compatible or
sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design,
building mass, neighborhood identity are not compatible to the immediate environment and
neighborhood. Further analysis on this is in Section 13, NCOD Design Guidelines.
5. Conformance with zoning provisions of article 3 38.320.100 Meets Code?
Permitted uses 38.310 Mixed Use,
Retail/Commercial/Office/Apartments
Yes
Form and intensity standards 38.320 Yes
Zoning
B-3 Setbacks
(feet)
Structures Parking /
Loading
Yes
Front Storefront NA
Rear 0 0
Side 0 0
Alley 5 5
Comments: The proposed setbacks meet all B-3 zone district standards.
Relationship to adjacent properties standards 38.520.030 (light and air access and
privacy) and angled setback plane 38.360.030
NA
Applicable zone specific or overlay standards 38.330-340 Yes
Building Height Requirements 38.320.010-.060 Yes
Lot coverage 47% Allowed 100%
Height 73’ Allowed 70-74’ Yes
Comments: There are multiple different rooflines proposed. All meet the height standards for the B-3 district.
General land use standards and requirements 38.350 Yes
Comments: All encroachments are in conformance to standards. Yes
Applicable supplemental use criteria 38.360 NA
Supplemental uses/type NA NA
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 7 of 13
Comments: NA
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA NA
Affordable housing plan NA
Comments: NA
6a(1). Conformance with the community design provisions of article 4:
Transportation facilities and access 38.400
Meets Code?
Street vision Yes Yes
Secondary access Yes
Traffic Impact Study /
LOS
Yes Transportation grid
adequate to serve site
Yes Yes
Comments: No offsite improvements to the transportation system are identified in the traffic study.
Vehicular access to the property is from the alley and East Mendenhall Street. The City Engineer granted
a deviation to access distance from the East Mendenhall/North Broadway intersection..
Street dedication NA Yes
Drive access locations and widths Yes
Number of drive accesses 1-alley, 1 street Yes
Street easements NA
Special Improvement Districts Yes No
Comments: Access is from an alley off East Mendenhall Street and directly to East Mendenhall Street.
Due to the irregular shape of the lot, two access locations are allowed. The alley will paved with pervious
pavers and brought up to a higher standard. Vehicular access complies with code requirements.
Parking requirements of 38.540
Required parking nonresidential minus1st 3000 sq. ft B-3 43 Yes
Required parking residential 10
Reductions nonresidential - and bike and shower facilities-6 space
reduction
10%
Reductions residential 1:1 mixed use- 0 residential parking required Yes
Provided parking off street 38
On street parking 5
6a(2). Conformance with the community design provisions of article 4:
Pedestrian and vehicular ingress and egress 38.400
Meets Code?
Design of the pedestrian and vehicular circulation systems to assure that pedestrians
and vehicles can move safely and easily both within the site and between properties
and activities within the neighborhood area
Yes
Vehicle accesses to site 2 Yes
Pedestrian access location(s) Yes
Site vision triangles Yes
Fire lanes, curbs, signage and striping Yes
Non-automotive transportation and circulation systems, design features to enhance
convenience and safety across parking lots and streets, including, but not limited to
paving patterns, grade differences, landscaping and lighting
Crosswalks NA
Curb ramps Yes
Pedestrian lighting Yes
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 8 of 13
Comments: The sidewalk along East Mendenhall Street provides pedestrian access. The sidewalk will be
constructed to conform to standards.
Adequate connection and integration of the pedestrian and vehicular transportation
systems to the systems in adjacent development and the general community
Yes
Access easements NA NA
Dedication of right-of-way or easements necessary for pedestrian, shared use
pathway and similar transportation facilities
NA
Comments: Not required for this application.
6a(3) Loading and Unloading areas Meets Code?
Loading and unloading area requirements 38.540.080 NA
Loading and unloading NA NA
First Berth (min. 70 feet
length, 12 feet in width and
14 feet in height)
NA NA
Additional Berths (min. 45
feet length)
NA NA
Comments: NA. No off-street loading berths are required for this use.
6b Community design and element provisions 38.410 Meets Code?
Lot and block standards 38.410.040 Yes
Rights of way for pedestrians alternative block delineation NA
Comments: NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Municipal infrastructure requirements 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 No
Comments: CIL is calculated, but must be paid prior to site plan approval.
Site Surface Drainage and stormwater control 38.410.080 Yes
Location, design and capacity Yes
Landscaping per 38.410.080.H Yes
Comments: NA
Grading 38.410.080 NA
Maximum 1:4 slope requirements met NA
Comments: Stormwater provided in underground detention system. Pervious paver systems incorporated at
the alley and E. Mendenhall Street frontage
6c. Park and recreation requirements 38.420 Meets Code?
Enhancement of natural environment NA
Wildlife habitat or feeding area preservation NA
Maintenance of public park or public open space access NA
Park/Recreational area design NA
Parkland Cash-in-lieu for maximum known density not to exceed
12 units/acre (ac.).
Yes
.52 ac. X 10 units/ac. X 0.03 ac.= .3 ac.
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 9 of 13
Cash donation in-lieu(CIL) Proposed use of CIL approved,
amount not paid
No
Improvements in-lieu NA NA
Comments: Parkland dedication is required. Project proposes Cash in lieu in the B-3 district and meets
standards. CIL must be paid prior to site plan approval.
7a-c. Conformance with the project design provisions of Article 5,
Compatibility, Design and Arrangement
Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development relative to architectural
design, building mass, neighborhood identity, landscaping, historical character,
orientation of buildings on the site and visual integration
Yes
Block Frontage Standards 38.510 Yes with
departure
Building Design 38.530 Yes
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Block frontage standard for this project is Storefront along E. Mendenhall Street a departure is
proposed to the sidewalk width due to topographical challenges. Sidewalk departure meets criteria.
Departure requested for retail/commercial space depth on E. Mendenhall Street. Departure meets criteria.
Both departures are recommended for approval due to the following findings: The site is irregularly shaped
and includes a slope from south to north. In order to accommodate structured parking on the ground floor
and an urban storefront streetscape design on the East Mendenhall the project the departures are justified
and the design solutions proposed to mitigate for the departures meet the criteria for each departure and the
intent of the block frontage provisions.
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 Yes
Non-motorized circulation and design 38.520.040 Yes
Vehicular circulation and parking 38.520.050 Yes
Comments: Project conforms to requirements.
Design and arrangement of elements of the plan (e.g., buildings circulation, open
space and landscaping, etc.) in harmony with the existing natural topography, natural
water bodies and water courses, existing vegetation, and to contribute to the overall
aesthetic quality of the site configuration
Yes
Site Planning and Design Elements 38.520 Yes
Comments: Project conforms to requirements
Landscaping N/A
7d. Conformance with the project design provisions of Article 5, Landscaping
including the enhancement of buildings, appearance of vehicular use, open
space and pedestrian area and the preservation of replacement of natural
vegetation
Meets Code?
Submittal requirements for landscape plans 38.220.100 Yes
Mandatory landscaping 38.550.050 Yes
Yard Yes
Additional screening NA
Parking lot screening NA
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 10 of 13
Interior parking lot landscape NA
Off-street loading spaces 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
Trees for residential adjacency NA
Performance points 13 Yes
City rights-of-way and parks Yes
Tree plantings for boulevard ROW, drought-resistant seed Yes
Public ROW boulevard strips Yes
Irrigation and maintenance provisions for ROW Yes
State ROW landscaping NA
Additional NA NA
Fencing and walls NA NA
Comments: Street frontage landscaping complies with requirements and with departure for block frontage
Site planning and design required 38.520 Yes
Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes
Internal roadway landscaping 38.520.050 NA
Open space landscaping 38.520.060 Yes
Service area and mechanical equipment landscaping and screening 38.520.070 Yes
Open space Yes
Comments: Project meets requirements.
7e. Conformance with the project design provisions of Article 5, Open Space Meets Code?
Open Space Section 38.520.060
Total required 10%
Total provided >10% Yes
Comments: The proposed design meets open space standards. A shared rooftop deck is proposed.
7f. Conformance with the project design provisions of Article 5, Lighting
38.570
Meets Code?
Building-mounted lighting (cutoff and temperature) Yes
Site lighting (supports, cutoff and temperature) NA
Minimum light trespass at property line Yes
Comments: The proposed building mounted lighting meets standards. No site lighting is proposed.
7g. Conformance with the project design provisions of Article 5, Signage
38.560
Meets Code?
Allowed (sq. ft)/building NA NA
Proposed (sq. ft) NA
Comments: The only signage proposed at this time is building name/designation signage.
8a-c. Conformance with environmental and open space objectives in articles 4-
6 Meets Code?
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 11 of 13
Enhancement of natural environment: Integrated stormwater, LID, removal of
inappropriate fill
Yes
Grading Yes
On-site retention/detention Yes
Comments: Project meets requirements.
Drainage design No
Stormwater maintenance plan 38.410.030.A No
Stormwater feature: landscaping amenity, native species, curvilinear, 75% live
vegetation
NA
Comments: No surface stormwater facilities are proposed.
Watercourse and wetland protections and associated wildlife habitats NA
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
Comments: NA
9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code?
Watercourse setback 38.410.100 NA
Watercourse setback planting plan NA
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: NA
10. Other related matters, including relevant comment from affected parties
38.220
Meets Code?
Public Comment Yes Yes
Comments: Public notice is not required for DRB. Project is under public notice.
11. 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. 38.410.060
Meets Code?
Subdivision exemption NA NA
Required Easements NA NA
Reciprocal access and
shared parking easement
NA NA NA
Mutual access easement
and agreement
NA
Comments: Not applicable the project is proposed on one lot.
12. Phasing of development 38.230.020.B including buildings and
infrastructure
Meets Code?
Phasing No # of phases 1 Yes
Comments: One phase is proposed.
13. Standards for certificate of appropriateness 38.340.050 Meets Code?
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 12 of 13
Certificate of appropriateness standards Yes
Secretary of the Interiors Standards for new construction Yes
Architectural appearance Yes
Proportion of doors and windows Yes
Relationship of building masses and spaces Yes
Roof shape Yes
Scale Yes
Directional expression, with regard to the dominant horizontal or vertical expression
of surrounding structures
Yes
Architectural details Yes
Concealment of non-period appurtenances, such as mechanical equipment Yes
Materials and color schemes Yes
Comments: The proposed project is located within the NCOD. This means that the project must adhere to
a higher level of design, focus on the relationship of the surrounding area, and maintain a level of integrity
and character that makes up the NCOD. An Architectural Design Review (ADR) team made up of staff
reviewed the proposed design and found that the project meets all applicable COA criteria including
NCOD design guidelines.
14. Conformance with the Neighborhood Conservation Overlay District Design
(NCOD) Guidelines
Meets Code?
Overlay District Provisions Yes
Comments: The proposed project is located within the NCOD. This means that the project must adhere to
a higher level of design, focus on the relationship of the surrounding area, and maintain a level of integrity
and character that makes up the NCOD. An Architectural Design Review (ADR) committee made up of
staff reviewed the proposed design and finds that the project meets all applicable NCOD design
guidelines.
Introduction Yes
Chapter 2: Guidelines for all properties Yes
Chapter 4b: Guidelines for commercial areas outside of Main Street Historic District Yes
Appendices Yes
Comments: The proposed project is reviewed under the classification of new infill and construction in the
NCOD, but outside of a historic district. The above sections and chapters of the Bozeman Guidelines for
Historic Presentation and the Neighborhood Conservation Overlay District apply to this project.
15. NCOD Demolition 38.340.080 Review of Demolition of historic structures or
sites
Meets Code?
Historic Structure per 38.700.090 Yes Yes
Comments: The proposed project is an eligible historic structure that meets the definitions provided in
article 7 of the UDC.
Approval of the proposed subsequent development is required for all historic
structures proposed for demolition and for the proposed movement of any structure
of site.
Yes
Public Notice Yes
Criteria Yes
1. The property’s historic significance.
2. Whether the structure has no viable economic life remaining
3. Whether the subsequent development complies with Section 38.340.050 (standards for
certificates of appropriateness)
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 13 of 13
4. Whether the subsequent development includes construction of new building(s) unless the
existing character of the area does not include buildings.
5. Subsequent development requires a building permit and does not include proposals which leave
the site without building(s) or structure(s)/
Notwithstanding the above, for projects proposing the removal of a historic structure, which do not
qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the
proposed subsequent site development is more appropriate for the site based upon the criteria in
38.230.100 (plan review criteria).
Comments: No demolition of the mill is permitted until the building permit for the subsequent development
is approved. Public notice was provided on September 7, 2018. An updated Montana Historic Property
Record form is included in the application. The proposed structure for demolition is primarily an elevator
machine and grain storage bins that are not a habitable structure. The subsequent development
conforms to the criteria for a COA and plan review criteria. The subsequent development will leave the
site with a new infill building and will not result in a vacant site. The Director of Community Development
must find that the criteria have been met for demolition. This decision will coincide with the overall project
approval.