Loading...
HomeMy WebLinkAbout19078 Staff Report Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 1 of 16 Application No. 19078 Type Site Plan, Certificate of Appropriateness, Demolition Project Name AC Hotel Summary A Site Plan application to allow the demolition of an existing auto repair shop and adjacent residences and the construction of a 6 story, 89,400 SF, 143 guestroom hotel with two bars, including one with a rooftop deck, meeting rooms, and associated site improvements on the corner of East Mendenhall and North Tracy Avenue. Zoning B-3 Growth Policy Community Core Parcel Size 19,977 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 5 E. Mendenhall Legal Description Bozeman Original Plat, S07, T02 S, R06 E, Block I, S2 Lots 35-38, and N2 Lot 35, 36, 37, 38., Gallatin County, Montana. Owner Straightaway Bozeman Investors, LLC, 20 N. Tracy Ave, Bozeman, MT 59715 Applicant Andy Holloran, 20 N. Tracy Ave, Bozeman, MT 59715 Representative SMA Architects, 109 E Oak Street, Suite 2E, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad NA NA NA NA Advisory Boards Board Date Recommendation DRC March 13, 2019 None, Adequacy Determination DRB July 24, 2019 TBD 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 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 application 19078 and move to recommend approval of the site plan application subject to conditions and all applicable code provisions.” Unresolved Issues: Offsite parking has not yet been acquired by the applicant, see Code Provisions below. Design revisions in response to staff comments and Code Provisions below were received Tuesday, July 16, 2019 and have not yet been reviewed by Staff for compliance. An application for demolition of the existing structures was received on June 10, 2019. Two of the four existing structures are eligible to contribute to a potential historic district, and demolition is still being reviewed by historic preservation staff. Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 2 of 16 PROJECT SUMMARY The subject property is within the Neighborhood Conservation Overlay District (NCOD) and located on three parcels within the downtown community core. The subject property is not within a historic district. The applicant is seeking to build a six-story hotel with two bars, meeting space and 143 guest rooms. The ground floor contains the bar, lounge, meeting room, boardroom space, and hotel operations including the kitchen and laundry. Levels 2-5 contain the hotel fitness center and guest rooms. The sixth floor has additional guest rooms and a bar/lounge with a 1,772 square foot rooftop deck. Exterior materials include brick, wood-look aluminum siding, EIFS, insulated metal panels, and clear anodized and dark bronze storefront & glazing. Mendenhall is a designated Storefront Block Frontage, North Tracy Avenue is a Mixed Block Frontage and the applicant has opted for a Mixed-Storefront designation. The first level is tucked under levels 2-6 creating a defined storefront and weather protection. The wood-look aluminum panels are featured on the south elevation and are used to frame the Mendenhall entrance to the bar. The west elevation has the primary entrance to the hotel with an elevated entrance and awning adjacent to the painted loading and unloading zone that is accommodated by widening Tracy Avenue to 33-feet. Administrative Design Review (ADR) has reviewed the design of the proposed hotel and found the plans do comply with the standards and intent of NCOD Design Guidelines. The following report reviews how the proposal complies with Plan Review Criteria, the Growth Policy, Zoning Standards, Engineering Standards, the NCOD Design Guidelines and the Certificate of appropriateness criteria (COA). 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 July 24, 2019. Public comment will commence upon adequacy of the application and the Director of Community Development will make the final decision on this application after the public comment period is closed. EXISTING CONDITIONS The parcel at 5 E. Mendenhall was originally constructed as a gas station under the name Riddle ’s Standard Oil Service Station according to the Montana Historic Property Record updated in 2014. After its construction in the 1930’s it has been operated as an auto repair shop under different owners/business names and has not retained its historic integrity. The northern two parcels contain residences. 106 N. Tracy is a detached one-story single-family residence built in 1939 according to the Montana Historic Property Record updated in 2014. This building qualifies as a contributing element within a potential historic district due to its association with the residential aspect of the Progressive phase of Bozeman's historic/architectural development. This building fits in context with three oth er similar historic residences in the same block. According to the 1984 Montana Historical and Architectural Inventory form 112 N. Tracy was built in 1916, the historic integrity of the this property has been retained due to the survival of original design and materials and continuity of use, setting and location. The criteria for demolition or movement of a historic structure within the NCOD is at the end of this staff report. Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 3 of 16 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. A Special Use Permit (SUP) Application review and approval for the sales of and on-premises consumption of alcohol is required prior to the issuance of a certificate of occupancy. 3. The applicant must provide documentation that the Cash-in-lieu of water rights amount has been approved and pay the approved amount prior to site plan approval. 4. Infrastructure plans must be submitted to the Engineering Department for review prior to construction. 5. The inclusion of the stormwater maintenance plan into the Declaration of Covenants is acceptable. The Covenants must be recorded prior to occupancy 6. Those which may be identified by the DRB as recommended conditions. CODE PROVISIONS 1. Section 38.540.070.A.6, any use that depends upon off-site parking to meet the requirements of this chapter must maintain ownership or provide evidence of a long-term lease agreement, revocable with review authority approval. 2. Section 38.400.010.A, the assumed trip distribution in the traffic impact study cannot be justified until a destination has been determined for the hotel parking. 3. Section 38.400.100, the request to utilize the Montana Department of Transportation street vision triangle at the intersection of Tracy and Mendenhall has been reviewed by the City’s Engineering Department and is acceptable as provided if the applicant has the proposed street visions triangle reviewed and approved MDT. If the MDT street vision triangle is approved the City vision triangle must be removed from the plan set prior to approval. – The documentation of the MDT’s review and approval of the street visions triangle must be provided. 4. 2012 International Fire Code 507.5.1.1, a fire hydrant is required for this proposed structure. 5. 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 North Rouse Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to North Bozeman Street including paving, curb/gutter, sidewalk, and storm drainage d. Street improvements to Lamme Street including paving, curb/gutter, sidewalk, and storm drainage e. Intersection improvements to the Lamme Street and North Rouse Avenue f. Intersection improvements to the East Mendenhall Street and North Rouse Avenue g. Intersection improvements to the Lamme Street and North Bozeman Street h. Intersection improvements to the East Mendenhall Street and North Bozeman Street 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. Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 4 of 16 Figure 1: Current Zoning & Vicinity Map Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 5 of 16 Figure 2: Existing Conditions Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 6 of 16 Figure 3: Proposed site plan Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 7 of 16 Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 8 of 16 Figure 4-7: Architectural renderings Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 9 of 16 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 Community Core Yes 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 at urban density. 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, approval of building permits and review of a Special Use Permit for the sale of alcohol and on premises consumption. 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 with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, building materials and character are compatible to the immediate environment of the site 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 Hotel or Motel Yes Form and intensity standards 38.320 Yes Zoning B-3 Setbacks (feet) Structures Parking / Loading Yes Front Storefront & Mixed Block Frontage NA Rear 0 0 Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 10 of 16 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 Yes Applicable zone specific or overlay standards 38.330-340 Yes Building Height Requirements 38.320.010-.060 Yes Lot coverage 76% Allowed 100% Height 70’ Allowed 70’ Yes Comments: The proposed building meets B-3 height standards, with allowable encroachments. Zone edge transitions based off Section 38.320.060 do not apply since the subject property is surround by B-3 zoning. Overlay District Standards (NCOD) 38.340 Yes Comments: See Section 13 below for NCOD analysis General land use standards and requirements 38.350 Yes Comments: Project meets all standards of 38.350 Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Mechanical equipment Yes Comments: Rooftop mechanical equipment is screened and incorporated into the roof form. 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 NA Traffic Impact Study / LOS Yes Transportation grid adequate to serve site TBD TBD Comments: A TIS cannot be fully evaluated without a location for off-site parking. Deliveries, trash collection, and a NWE transformer are accessed off the alley to the north of the proposed structure. No drive accesses or onsite parking is proposed. The applicant must provide MDT approval of their proposed street vision triangle. Street dedication NA Yes Drive access locations and widths NA Number of drive accesses 0 NA Street easements NA Special Improvement Districts No Yes Comments: No vehicular access is proposed. A new street section for North Tracy must be reviewed and approved by the Engineering Division prior to building permit approval (see Conditions of Approval). The applicant is proposing to widen the existing street 2 feet by replacing existing curb and gutter and sidewalk after building construction is complete. Parking requirements of 38.540 Required parking nonresidential 80 TBD Required parking residential NA Reductions nonresidential – B-3 30% Reductions – parking structure 15% Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 11 of 16 Reductions – transit availability 10% Provided parking off street 0 – TBD On street parking 3 loading spaces on North Tracy Ave Comments: See Unresolved Issues and Code Provisions regarding required off-street parking. 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 0 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 Yes Crosswalks NA Curb ramps Yes Pedestrian lighting Yes Comments: Storefront Block Frontage requires a 12 feet minimum sidewalk width between curb edge and storefront (area includes clear/buffer zone with street trees). The proposed design shows 16+ feet of sidewalk along Mendenhall Street, and 15 feet along North Tracy Ave. 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 Yes Loading and unloading Yes Yes First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) Yes Yes Additional Berths (min. 45 feet length) Yes Yes Comments: The 20-foot wide alley serves as the off-street loading berth for this hotel. 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 Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 12 of 16 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 TBD Comments: CIL of water is under review by the Engineering Department Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Reviewed by the Engineering Department. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Reviewed by the Engineering Department. 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.). NA ___ ac. X __ units/ac. X __ ac.=____ ac. Cash donation in-lieu(CIL) NA NA Improvements in-lieu NA NA Comments: Parkland dedication is not required. No Residences are proposed. 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 Comments: Meeting Standards for Storefront and Mixed-Storefront on both Mendenhall and North Tracy. Structured parking facility development standards 38.510.030.M NA Comments: No onsite parking is proposed. Site Planning and Design Elements 38.520 Yes 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 NA Comments: The only non-motorized circulation is the adjacent sidewalk, which is meeting connectivity standards to adjacent properties and the public right of way. An entrance is provided on each frontage. No onsite parking and circulation is proposed. Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 13 of 16 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 NA Comments: NA, urban design and conditions. Building Design 38.530 Yes Comments: The proposed structure meets the standards of Building Design. The mass and scale is appropriate for the zone district, there is appropriate façade articulation, and effective use of varying materials. Further analysis on building design is in section 13 under NCOD Design Guidelines. 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 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 Yes Additional NA NA Fencing and walls Yes Yes Comments: Landscaping complies with standards 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 NA Service area and mechanical equipment landscaping and screening 38.520.070 NA Open space NA Comments: Project meets requirements. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 NA Total required NA NA Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 14 of 16 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: No signage is proposed at this time. Example signage is shown on the drawings. The applicant should be advised that any signage above an awning is considered roof signage and is prohibited. A sign permit is required prior to the construction of any new signage. 8a-c. Conformance with environmental and open space objectives in articles 4- 6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Reviewed by Engineering Department. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: No above ground stormwater facilities proposed. Permeable pavers utilized along the Tracy Ave sidewalk as a part of a stormwater infiltration system. 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 NA Comments: Public notice has not been conducted, as it is not required prior to DRB. Once adequacy is determined, public notice will commence. Total provided NA NA Comments: No open space required. 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. Streetlights are provided as directed by staff and must be incorporated into a SILD. Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 15 of 16 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 Required Yes Required Easements NA NA Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: A separate subdivision exemption application is under review for the property. 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 and Conformance with the NCOD Guidelines 38.340.050 Meets Code? 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. Introduction Yes Chapter 2: Guidelines for all properties Yes Chapter 4b: Guidelines for commercial areas outside of Main Street Historic District Yes Comments: The proposed structure meets subchapter 4b guidelines for mass and scale, building quality and design, building roof form, site design, and street patterns related to properties zoned B-3. To the north of the property across the alley are B-2 parking uses. 5 West and the Element are adjacent to the east and west. Appendices Yes Staff Report AC Hotel Site Plan Review Application 19078 July 18, 2019 Page 16 of 16 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. The project complies with the guidelines and standards. 15. NCOD Demolition 38.340.080 Review of Demolition of historic structures or sites Meets Code? Historic Structure per 38.700.090 Yes – 2 of 4 Eligible TBD Comments: 2 of the 4 existing structures have historic integrity of the original setting, design and materials allowing justification for a recommendation for defining the property as a contributing element of a potential historic district. The application for demolition was received June 10th and is still under review by historic preservation staff. While one structure has an updated historical and architectural inventory form completed in 2014, the older structure’s inventory has not been updated since 1984. The demolition application from the applicant is included in your packet, but no recommendation has yet been made by staff regarding demolition. 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 NA Criteria TBD 1. The property’s historic significance. The property has historical significance as demonstrated by the updated Montana Historic Property form. 2. Whether the structure has no viable economic life remaining. Applicant analysis of the costs of rehabilitation vs. demolition is included in your packet. 3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness). Yes, this report finds the subsequent development in compliance with standards. 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. Yes, the subsequent development includes the construction of a new infill building in compliance with zoning. 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). The subsequent development requires a building permit and does not propose to leave the site without a building. 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 existing structures until the site plan and building permit for the subsequent development is approved. 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.