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HomeMy WebLinkAbout19215 DRB Staff Report Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 1 of 15 Application No. 19215 Type Site Plan, Certificate of Appropriateness, Demolition, Departure Project Name The Merin Summary A Site Plan application to allow the demolition of an existing residence and the construction of a five story mixed use building with a departure. Zoning B-3 Growth Policy Community Core Parcel Size 16,907 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 116 N. Bozeman & 122 N. Bozeman 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 HomeBase Partners, 20 N. Tracy Avenue, Bozeman, MT 59715 Applicant Same as owner Representative SMA Architects, 109 E Oak Street, Suite 2E, Bozeman, MT 59715 Staff Planner Sarah Rosenberg 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 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 19125 and move to recommend approval of the site plan application subject to conditions and all applicable code provisions.” Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 2 of 15 PROJECT SUMMARY The subject property is within the Neighborhood Conservation Overlay District (NCOD) and located on two parcels within the downtown community core. The subject property is not within a historic district. The applicant is seeking to build a 71,028 square foot five-story mixed-use building. The ground floor contains retail, on-grade parking, and one residential unit with four stories above that contain 28 residential units. The northern parcel contains an existing residence, which would be demolished to make way for the proposed structure. The southern parcel contained a residence that was demolished in fall of 2018. Typically, demolition of structures within the NCOD require site plan approval, however, it was determined that the existing residence at 116 N. Bozeman met the provisions of an unsafe structure per section 38.340.110. 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 (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 advisory comments and 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. One departure is requested from the following standard:  BMC Section 38.510.030.B.3.e Sidewalk width: Where 12’ is required, the applicant is requesting a 1’-5” departure to accommodate for a landscape buffer between the public right of way and the ground floor residence. It does not have any impact on the building or the site nor does it have any sort of adverse impacts on the abutting properties. It will provide a pleasant pedestrian experience and is still compliant to allow access for all. 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. Those which may be identified by the DRB as recommended conditions. CODE PROVISIONS 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 North Rouse Avenue including paving, curb/gutter, sidewalk, and storm drainage Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 3 of 15 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. 2. The stormwater maintenance plan must be adopted into the owner’s association documents prior to occupancy of the building. Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 4 of 15 Figure 1: Current Zoning Map Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 5 of 15 Figure 2: Proposed site plan Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 6 of 15 Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 7 of 15 Figure 3-6: Architectural renderings Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 8 of 15 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 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 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 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 & Mixed Block Frontage NA Rear 0 0 Side 0 0 Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 9 of 15 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 75% Allowed 100% Height 62’ Allowed 70’ Yes Comments: The proposed building meets B-3 height standards. Zone edge transitions based off Section 38.320.060 do not apply since the subject property is separated by a road between the lower intensity R-2 zone district to the north. 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 Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A TIS was provided and approved by Engineering. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1-alley Yes Street easements NA Special Improvement Districts Yes Yes Comments: Access is from an alley off North Bozeman on the south portion of the property. The alley will paved with pervious pavers and brought up to a higher standard. Vehicular access complies with code requirements. SID waivers for street improvements were provided. Parking requirements of 38.540 Required parking nonresidential 1.54 Yes Required parking residential 29 Reductions nonresidential – retail 20% Reductions – parking structure 15% Reductions – transit availability 10% Provided parking off street 29 On street parking 6 Comments: 35 parking spaces are provided for the project. Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 10 of 15 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 1 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: A sidewalk ranging from 10’-13’ is proposed on Bozeman & Lamme. 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 NA Municipal infrastructure requirements NA Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water Comments: Under review by the Engineering Department Site Surface Drainage and stormwater control 38.410.080 NA Location, design and capacity NA Landscaping per 38.410.080.H NA Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 11 of 15 Comments: NA Grading 38.410.080 NA Maximum 1:4 slope requirements met NA Comments: Under review 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.). Yes .39 ac. X 12 units/ac. X 0.03 ac.= .3 ac. Cash donation in-lieu(CIL) Proposed use of CIL approved, and paid Yes 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 Comments: Block frontage standards for this project is Storefront along N. Bozeman and Mixed along E. Lamme. A 12’ sidewalk is required between the curb edge and the storefront. A 1’-5” departure is requested for the sidewalk width. The departure is recommended for approval in order to accommodate for a buffer between the ground floor residence and the sidewalk. The design solution proposed to mitigate for the departures meet the criteria for each departure and the intent of the block frontage provisions. Structured parking facility development standards 38.510.030.M Yes Comments: The parking garage is access off the alley. Commercial floor space and active residential use wrap the structured parking space Sit 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 Yes Comments: The property conforms to light and air access standards along the side property line. There is appropriate pedestrian and vehicular circulation to the property. 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 Yes Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 12 of 15 water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Comments: Pedestrian entrances for the commercial space is located along N. Bozeman. Residential entrances are located on both N. Bozeman and E. Lamme. 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 an effective use of durable 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 NA Additional NA NA Fencing and walls NA NA 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 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 Yes Total required 4000 SF Yes Total provided 4008 SF Yes Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 13 of 15 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. A sign permit is required for any signage. Comments: Residential open space is provided in the form of a common courtyard, entry plaza, and private balconies. No commercial open space is 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) Yes Minimum light trespass at property line Yes Comments: The proposed building mounted lighting and site lighting meets standards. 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 NA Grading NA On-site retention/detention NA Comments: Under review by Engineering Department Drainage design NA Stormwater maintenance plan 38.410.030.A NA Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: Under review by Engineering Department 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. 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 Meets Code? Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 14 of 15 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 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. An Architectural Design Review (ADR) team made up of staff reviewed the proposed design and finds that the project meets all applicable COA criteria including 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 Comments: The proposed structure meets the guidelines for mass and scale, building quality and design, site design, and street patterns related to properties zoned B-3. To the north of the property across E. Lamme is a residential area zoned R-2. Although the subject parcel does not need to meet BMC standards for zone edge transitions, in an effort to accommodate the difference in uses and zoning, the structure the fifth floor steps back to reduce the mass and scale of the building. It also incorporates a ground floor residential unit to face the single family homes across the street. The parking garage takes access off the existing alley and is wrapped with residential and commercial uses facing the public way. Appendices Yes Staff Report The Merin Site Plan Review Application 19215 July 18, 2019 Page 15 of 15 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 No Yes Comments: The existing structure (122 N. Bozeman) maintains some of its historic integrity of the original design and materials allowing justification for a recommendation for defining the property as a contributing element of a contributing element of a potential historic district. Nevertheless, although the structure has been found to be eligible, it has been determined that this eligibility hinges on the creation of a historic district. It was determined by the Historic Preservation Specialist and the State of Montana’s Historic Preservation Office that a future historic district is highly unlikely where the property is located. A Director Determination was made that the particular structure on 122 N. Bozeman is not within a potential historic district, therefore, it does not meet the City’s definition of a historic structure. (Director determination letter attached to this application) 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 Yes 1. The property’s historic significance. The property has historical significance as demonstrated by the updated Montana Historic Property form. While the building retains design elements to support a finding of retain integrity, there is not a historic district in place or planned for this area. 2. Whether the structure has no viable economic life remaining. This criterion is not applicable this structure is not a habitable building. 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).The Director determines that the proposed subsequent site development is more appropriate for the site than the existing building and use based on the criterial in 38.230.100. Comments: No demolition of the existing residence until the site plan and building permit for the subsequent development is approved. An updated Montana Historic Property Record form from 2014 is included in the application. 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.