HomeMy WebLinkAbout18422 & 18423 Staff Report18422 and 18423 Design Review Board Staff Report for the Ruh Building Conditional
Use Permit and Site Plan
Date: Design Review Board, March 13, 2019, at 5:30 pm.
Project Description: Site Plan (18423) for a 4-story, mixed-use building with 16 residential
units, approximately 7786 sf of commercial space including brewery and rooftop bar,
720 sf of rooftop terrace seating, 2291 sf rooftop residential open space and other
shared circulation and mechanical spaces totaling 29,493 sf and related site
improvements. A Conditional Use Permit (18422) is required for on-premise
consumption of alcohol as proposed with the brewery.
Project Location: 605 N. 7th Avenue. The parcels are legally described as Lots 1 and 2, Block
1, of Durston’s 2nd Subdivision located in the Southeast One-quarter of Section One
(S01), Township Two South (T02S), Range Five East (R05E), P.M.M, City of Bozeman,
Gallatin County, Montana. A concurrent lot aggregation application is being reviewed.
Recommendation: Approval with conditions and code provisions
Motion: “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 applications 18422 and 18423 and move to recommend approval
of the Ruh Building Conditional Use Permit and Site Plan applications subject to
conditions and all applicable code provisions.”
Report Date: March 7, 2019
Staff Contact: Brian Krueger, Development Review Manager
Executive Summary
The property owner and applicant submitted an application to develop an existing site
in the Community Business District-Mixed (B-2M) zoning district and Midtown Urban
Renewal District. The site will be accessed from an improved alley off Durston Road
and existing accesses off N. 7th and Durston Road will be vacated. The development
proposes a mixed use building with commercial groundfloor, 2 stories with 8
apartments each and a rooftop with bar, outdoor serving area and private residential
open space. The larger commercial space on the ground floor is being planned for a
brewery with tasting room; therefore, a Conditional Use Permit for sales of alcohol for
on-premises consumption is required in conjunction with the Site Plan application.
Staff analysis of the criteria for granting Site Plan and CUP approval begins on page 12
of the staff report.
With the passing of Resolution 4991 on February 11, 2019, the City Commission
approved the use of tax increment revenues or bonds for eligible costs associated with
impact fees, cash-in-lieu of park land, cash-in-lieu of water rights, service lines,
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Northwestern Energy, demolition, streetscape & public infrastructure, alley
improvement and engineering fees. The maximum amount of the award including 15%
contingency is $747,500.
The proposal for cash-in-lieu of parkland was recommended for approval by the Recreation
and Parks Advisory Board on Thursday, February 28, 2019.
The Development Review Committee (DRC) has reviewed the application. Based on its
evaluation of the application against the criteria, the Development Review Committee
(DRC) found the application adequate for continued review. The application is
complete for design review purposes.
The Design Review Board (DRB) is scheduled to review the application on March 13,
2019. The Design Review Board is the design review advisory body to the City
Commission on this application. The DRB is required to make a recommendation to the
City Commission on this application.
Unresolved Issues
There are no unresolved issues with the application. Code corrections have been
provided by the DRC.
Alternatives
1. Recommend Approval of the application with 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 of 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.
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TABLE OF CONTENTS
Executive Summary ............................................................................................................. 1
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP AND DRAWING SERIES ...................................................................... 4
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / DEPARTURES /
VARIANCES .......................................................................................................................... 12
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 12
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 12
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 12
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 18
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 19
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 19
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 – MAP AND DRAWING SERIES
Zoning Classification
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Growth Policy Designation
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Current Land Use
Site Plan (Cropped)
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Architectural Perspectives
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3rd Floor/Residential Plan
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Roof/Penthouse Plan
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Departure Images
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SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / DEPARTURES / VARIANCES
One departure is requested from the Landscaped Block Frontage standards of Table
38.510.030.C. which require a 10-foot minimum buffer of landscaping between the
street and off-street parking areas. The applicants propose a 4-foot privacy fence (see
“Departure Images” on page 12 of the staff report) running the width of the parking lot
and temporary plantings which will remain within a 20-foot public street and utility
easement until street widening is conducted as identified in the 2017 Bozeman
Transportation Master Plan (see L101 Landscape Plan in application materials).
The departure criterion for “Parking location” in 38.510.030.C.3.c. states:
1. There must be an acceptable tradeoff in terms of the amount and quality of storefront area
that is integrated with the development and the applicable parking location departure. Plus,
the alternative must include design features to successfully mitigate the visual impact of
additional parking areas along designated landscaped streets.
Due to the quality of storefront in the building design, staff recommends approval of
the departure. As designed, the building is meeting storefront requirements despite its
landscaped setback because it is designed to meet the future road configuration.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report.
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 property must be configured through the applicable subdivision review process
to aggregate common lot boundaries prior to submittal of building permits. A
subdivision exemption is under review.
SECTION 4 – REQUIRED CODE PROVISIONS
All required code corrections were provided and addressed through the DRC review.
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.
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Applicable Plan Review Criteria, Section 38.230.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
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
Yes. The property has a future land use designation of Community Commercial Mixed Use
and is zoned B-2M, Community Commercial Mixed Use. , Northeast Historic Mixed Use.
The proposed residential units, commercial and artisan manufacturing (brewery) uses
increase the intensity of commercial uses and the density of residential uses in an area
of the city designated for lively, mixed us development. The change in intensity is
anticipated by the growth policy in areas of the city with adequate infrastructure. The
project is in conformance to and consistent with the City’s adopted growth policy, the
Bozeman Community Plan, including the following goals and objectives:
Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
This project contributes to an expanding mixed use area and allows people to live in
close proximity to work, public and private basic services and minimizes sprawl.
Objective LU-1.4 Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the
existing development which surrounds it. Respect for context does not
automatically prohibit difference in scale or design.
Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent
with the City’s adopted standards.
This project provides additional density of residential and commercial use while
respecting the context of the mixed use area. As indicated in the Executive Summary,
this project has received support from the Midtown TIF district for its redevelopment of
an underutilized site with vacant building.
Objective E-4.2: Promulgate efficient land use practices.
This project promulgates efficient land use practices and provides a high net residential
density and FAR with office and manufacturing uses. The redesign of vehicular traffic to
the site with parking off the alley consolidates two drive accesses off public streets.
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Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in
type, density, cost, and location with an emphasis on maintaining neighborhood
character and stability.
This project provides additional quality housing at high density in an area that already
provides a transition from multi- to single-household residences.
For more information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
Yes. The project, if approved, will conform to the Bozeman Municipal Code other than
the requested relaxations. There are no known documented violations of the BMC for
this property.
3. Conformance with all other applicable laws, ordinances, and regulations
Yes. The proposed uses of the site are consistent with the allowed uses of the B-2M
district. No specific conflicts have been identified. Additional steps will be required
including but not limited to final payment for cash in lieu of water rights, subdivision
exemption to realign and aggregate the underlying lots, dedication of the utility
easements, construction of infrastructure, and building permits. The Building Division
of the Department of Community Development will review the requirements of the
International Building Code for compliance at the time of building permit application.
Condition of approval 1 requires full compliance with all applicable code requirements.
4. Conformance with special review criteria for applicable permit type as
specified in article 2
Yes. The CUP criteria are reviewed below. The project meets the criteria as presented.
5. Conformance with the zoning provisions of article 3, including permitted uses,
form and intensity standards and requirements, applicable supplemental use
criteria, and wireless facilities and/or affordable housing provisions if applicable
Yes. The uses are permitted in the B-2M district. Form and intensity standards are met
with the approval of a departure from parking lot screening requirements as described
in Section 2 of the staff report.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions,
and park and recreational requirements
Yes. The project will improve transportation access with the consolidation of 2 existing
driveways and required alley improvements. The required parkland is being met
through the provision of cash-in-lieu and has been recommended for approval by the
Recreation and Parks Advisory Board noting vicinity to parks that are also within the
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TIF district. The primary entrances into the building face a high visibility street corner
and the 7th street façade which connect directly to the City’s sidewalk system. Perimeter
street frontage sidewalks are provided on every perimeter street in conformance to
standards. The applicant will be improving alley surfacing to provide a connection from
Durston to properties to the north. Cash in lieu of water rights is proposed and will be
paid with the final site plan for site development.
The applicant proposes to pay cash in lieu of parkland in conformance with standards,
capped at twelve dwelling units per acre. The Recreation and Parks Advisory Board
recommended approval at their meeting on February 28, 2019.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the site and
adjacent neighborhoods and other approved development; design and
arrangement of the elements of the plan; landscaping; open space; lighting,
signage;
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 all designed in accordance with the block frontage and design standards of
article 5. The buildings complies with permanence in building materials, building
quality, architectural integration, neighborhood identity, and orientation of parking and
service areas. The landscaping provided will enhance the pedestrian ways within and
adjacent to the site and are used to control vehicular traffic within the site.
Parking is provided onsite despite the Midtown TIF district having no parking
minimums.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and 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. The approach to the stormwater system meets code standards. The site is not
adjacent to a park or public open space area.
9. Conformance with the natural resource protection provisions of article 4 and
article 6
Yes. No streams, floodplains, critical plant communities or wetlands exist on site.
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10. Other related matters, including relevant comment from affected parties
No public comment has been received as of the issuance of the staff report.
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:
a. 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
b. 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 property must be configured through the applicable subdivision review process to
aggregate common lot boundaries prior to submittal of building permits. See
conditional of approval 2.
12. Phasing of development
Not applicable. The project is proposed to be constructed in one phase.
Conditional Use Permit Review Criteria, Section 38.230.110, BMC.
E. In addition to the review criteria of section 38.230.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading
and landscaping are adequate to properly relate such use with the land and uses
in the vicinity;
The site is adequate. The proposed buildings, site design, pedestrian connectivity, open
space and mix of uses are appropriate for a high visibility street corner and building of
over 100-foot façade length. Landscaped areas are coordinated within the proposed
development and provide interesting visual features to enhance the pedestrian
experience. The replacement of vegetative parking lot screening with a fence as allowed
through a departure is an appropriate response where the timing of future road
improvements is unknown. Vehicular and bicycle parking has been provided on-site
with adequate landscaping and pedestrian features.
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2. That the proposed use will have no material adverse effect upon the
abutting property. Persons objecting to the recommendations of review bodies
carry the burden of proof;
No adverse impacts to abutting properties have been identified. In fact, the
development of the property required alley improvements beyond the immediate
frontage of the subject parcel that will benefit existing properties in the vicinity. The
addition of a multi-story, storefront building with new street trees, weather protection
(awnings) and active use on the ground floor is a significant improvement for a high-
visibility intersection in an area where large swaths of parking front the street. The
pedestrian-friendly design and larger building height at the sidewalk edge contributes
to an environment where traffic speeds naturally decrease. General welfare will be
promoted through the provision of apartment units in a neighborhood already serving
as a transition between multi- and single-household residences to the southwest.
3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may
include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner.
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No additional conditions of approval are recommended for the Conditional Use.
F. In addition to all other conditions, the following general requirements apply
to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use
permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building
permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be required prior to alcohol service.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2M (Community Business -
Mixed). The intent and purposes of the commercial zoning districts are to establish areas within the
City that are primarily commercial in character and to set forth certain minimum standards for
development within those areas.
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 as a secondary use. Design
standards emphasizing pedestrian oriented design are important elements of this district. Use of
this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.
Adopted Growth Policy Designation: The property is designated as “Community Commercial
Mixed Use” in the Bozeman Community Plan. Community Commercial Mixed Use has several
elements with which this project complies due to the proposed site:
Integration with significant transportation corridors, including transit and non-
automotive routes, to facilitate efficient travel opportunities;
Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided; and
Location on one or two quadrants of intersections of arterials and/or collectors.
Residences on upper floors
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Noticing will be provided pursuant to Section 38.220.420, BMC prior to the City Commission
hearing.
No public comment has been received for this application. If public comment is received prior to the
City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: William and Karen Ruh, 439 Cranleigh Court, San Ramon, CA 94583
Representatives:
Luke Stein, C&H Engineering & Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Jesse Sobrepena, JDS Architects Inc., 719 West Mendenhall, Bozeman, MT 59715
Chad Rempfer, 3084 Thorpe Rd, Belgrade, MT 59714
Report By: Addi Jadin, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.