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HomeMy WebLinkAbout20145 Staff Report Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 1 of 21 Application No. 20145 Type Project Name HRDC Warming Center Summary A Special Use Permit (SUP) to permit conversion of a vacant commercial building to a Transitional and Emergency Housing program in a B-2, Community Business zoning district. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size 42,820 square feet (0.98 acre) Overlay District(s) Mid-Town Urban Renewal Tax Increment Financing (TIF) District Street Address 2015 Wheat Drive, Bozeman, MT Legal Description Lot 1, Plat J-58-B, Wheat Commercial Subdivision Amended Owner J&R Ventures LLC, P.O. Box 67, Kallispell, Bozeman, MT 59903 Applicant HRDC, Heather Grenier, 32 S. Tracy Avenue, Bozeman, MT 59715 Staff Planner Susana Montana Engineer Griffin Nielsen Advisory Body Board Date Recommendation Development Review Committee (DRC) 5/20/2020 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 5/22/20 to 6/8/20 5/22/20 5/22/20 5/24/20, 5/31/20 Recommendation The application conforms to standards and is sufficient for approval with conditions and code provisions. Decision Authority Martin Matsen, Director of Community Development Department Date: ____________ , 2020 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 6/30/2020 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 2 of 21 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Special Use Permit described in this report was conducted. The Applicant proposed to the City a Special Use Permit (SUP) to permit a Transitional and Emergency Housing program as a conversion of a building formerly housing a day care center in a B-2, Community Business, zoning district. The purposes of the Special Use Permit review were to (1) consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; (2) to evaluate the proposal against the criteria of sections 38.230.100 and 38.230.110 subsections E. through I., as set forth in the Special Use Permit requirements of section 38.230.120; (3) as well as the requirements for Transitional and Emergency Housing found in section 38.360.135 of the BMC, and other relevant standards of Ch. 38, BMC; and (4) to determine whether the application should be approved, conditionally approved, or denied. B) All parties and the public wishing to examine the proposed Special Use Permit and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory body established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Special Use Permit complies with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before him regarding this application, the Director makes the following decision. C) The Special Use Permit (SUP) meets the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the BMC. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the SUP complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of June 2020, Martin Matsen, Director of Community Development, approved with conditions this Special Use Permit for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. The approval of this Special Use Permit, issued pursuant to Section 38.230.120 of the BMC, runs with the land, however it may be terminated or revoked per Section 38.230.110.I. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT 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. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 3 of 21 2. The Applicant must include in the program’s Management Plan, the provision of transportation for clients to and from the facility in the morning and evening hours of operation of the emergency housing program until such time that a sheltered transit stop is located within one-quarter mile of the Site. 3. A minimum five-foot wide concrete sidewalk must be provided across the access driveway which connects the sidewalk segments on each side of the driveway access. The Applicant must also provide a minimum five-foot concrete pathway from the Wheat Drive city sidewalk leading into the Site and connecting to the primary entrance of the building. If the pathway crosses the parking area or drive aisles, a crosswalk meeting city standards must be provided. 4. The Wheat Drive Emergency Shelter Management Plan, amended pursuant to Condition Number 2, is herein incorporated by reference and may not be amended without the prior written approval of the Director of the Community Development Department per BMC 38.360.135. 5. The Applicant must submit a building permit application for a change of use from the child care center to emergency shelter housing occupancy. The building permit will require Americans with Disabilities (ADA)-parking and for ADA-compliant egress from the building. 6. The second floor apartment may not be occupied as a dwelling unit for use by the manager or other employee of the Center, until the applicant submits a building permit and is granted an occupancy permit verifying that the unit meets all applicable Building and Fire Codes. CODE PROVISIONS 1. BMC 38.100.080 & 38.200.110, the proposed project must be completed as approved and conditioned in the Special Use Permit application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking any modifications. The only exception to this law is repair. 2. BMC 38.230.120, 38.230.110.F. 1 and 2, in addition to all other conditions, the following general requirements apply to every special use permit granted: a. 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 b. 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 special use. If activity begins for which a special use permit has received final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance; the City may revoke the approval through the procedures outlined in Section 38.200.160. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 4 of 21 3. BMC 38.230.140. Final plan. The Applicant must submit a final plan that addresses the code provisions and related development standards noted within this staff report. 4. BMC 38.400.100. Street vision triangle. Provide street vision triangles on a final plan in accordance with this section. 5. BMC 38.410.090 Fire Protection Requirements. Fire lanes, striping, and signage must be provided within the parking area in accordance with City of Bozeman Fire protection requirements. Reflect fire lanes and details on final plan. 6. BMC 38.520.060.C.2 Pedestrian-oriented open space design criterial. The open space on site must be landscaped and amenitized per the requirements of this section. A landscape plan must be provided with the final plan that meets the requirements of this section. 7. BMC 38.520.070 Service areas. A service area trash enclosure is required. Coordinate the location of the enclosure with Mr. Russ Ward, City’s Solid Waste Program (582-3235, rward@bozeman.net) to assure safe access to the dumpster(s) and a safe egress for the solid waste disposal truck. Provide the required five-foot wide buffer landscaping around the enclosure. 8. BMC 38.520.070.C. Service area enclosures. Provide a final plan that includes a service area enclosure including a sketch of the proposed dimensions, materials, and color of the enclosure per requirements of this section. 9. BMC 38.540.050.A.4 Bicycle parking required. All site development must provide bicycle parking. Ten percent of the required automobile parking spaces must be provided as bicycle parking meeting the requirements of this section. Provide bicycle parking location, spaces, and rack details that meet the requirements of this section with final plan. 10. BMC 38.570.040.G Site lighting. Miscellaneous site lighting specifications. All lighting must comply with the requirements of this section. Existing building mounted lighting does not meet requirements. Provide conforming lighting plan with final plan submittal that meets standards. 11. BMC 38.570.110 Nonconforming lighting. Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The citymay require nonconforming lights to be replaced with modifications/reuse applications. All nonconforming lights on this site must be replaced with conforming lighting. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 5 of 21 Figure 1: Location Map of 2015 Wheat Drive Source: Bozeman GIS DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 6 of 21 Figure 2: Vicinity Map of 2015 Wheat Drive Source: Bozeman GIS DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 7 of 21 Figure 3: Existing building at 2015 Wheat Drive and detached sidewalk Source: Development staff DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 8 of 21 Figure 4: Existing building at 2015 Wheat Drive Source: Google Earth Figure 5: Mature vegetation along north and east perimeter of Site Source: Google Earth DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 9 of 21 Figure 6: Proposed Concept Site Plan for the Warming Center at 2015 Wheat Drive (to be revised per conditions of approval and code provisions noted above). DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 10 of 21 ANALYSIS AND FINDINGS Analysis and resulting conditions of approval and recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for approval of a Transitional and Emergency Housing Special Use Permit 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 Commercial Mixed Use Yes Zoning B-2, Community Business Yes Comments: The Transitional and Emergency Housing use would be allowed within the B-2 zoning district with the approval of this SUP application No. 20145, pursuant to Section 38.310 of the Bozeman Municipal Code (BCM). The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy because it positively addresses Objective 1.1 of the City’s Community Plan/Growth Policy which seeks to provide a broad range of housing types near transit. Condition number 3 of this SUP approval requires the Applicant to provide transit service to and from the site for Center clients in order to meet this objective. Objectives 1-3 and 3-3 seek to provide a range of housing types and costs, and Goal H-3 seeks an increase in the supply of affordable housing for Bozeman residents. The proposed project would provide emergency shelter and social services to up to 120 homeless individuals each night and would provide social services and sanitation services (bathing, laundry facilities) to these homeless clients during the Center’s daytime hours of operation. With Condition number 3, no conflicts between the proposed use and relevant growth policies are identified. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: The Applicant is advised herein that any 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. In particular, the upstairs dwelling unit must meet Building and Fire Codes prior to its occupancy. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None, with recommended conditions of approval prohibiting the use of the upstairs apartment without a separate building permit approval and the submittal of a final plan showing trash enclosure details and fire lane details. Yes. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 11 of 21 Sections 38.360.135 Transitional and Emergency Housing standards Meets standards with conditions Yes, with Conditions 1 through 4 Comments: Should this SUP be granted by the Director, the Applicant must submit a final site plan that addresses all code provisions and a building permit application meeting all applicable Building and Fire code requirements and zoning standards. Code provisions listed on pages 3 and 4 require submittal of a final site plan submittal to address any BMC code requirements. 4. Conformance with special review criteria for applicable permit types as specified in Article 2 Meets Code? See Addendum for Applicant’s narrative for SUP criteria compliance. Yes 5. Conformance with zoning provisions of Article 3, Section 38.230.100 Meets Code? Permitted uses 38.310 Transitional and Emergency with SUP approval . Yes Form and intensity standards 38.320 Yes Zoning B-2 Setbacks Required (feet) Setbacks of Existing Structure Parki ng Setba ck Front=10 Ft. ~79 ft. ~20 ft. Rear=10 ft. 12.5 ft. ~60 ft. Side=5 ft. North~85 ft. South ~15 ft. North ~15 ft. East~ 20 ft. Alley NA NA Watercourse NA Wetland NA Block Frontage Mixed Yes Comments: The existing building, built in 1980, meets existing setback requirements. 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 NA Building Height B-2 Requirements 38.320.010.060 Yes Lot coverage 36% proposed Allowed 100% Bldg. Height 25 ft. 6-inches Allowed No limit Yes Floor-to- Ceiling Height 11.5 ft. Minimum required =13 ft. NA for a residential use DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 12 of 21 Comments: The project site is not within an overlay zone. The building envelope would not change. The floor- to-ceiling (FTC) height of the first floor is 11.5 ft. and is deemed a legal nonconforming first floor FTC, as the building was built in 1980 prior to the establishment of the minimum 13-foot FTC code requirement for ground floor space in the B-2 district. It is noted that the minimum 13-feet FTC standard in the B-2 zone is applicable to storefront type buildings and is not applicable to residential buildings or uses. General land use standards and requirements 38.350 Yes Applicable supplemental use criteria 38.360.135 Yes Supplemental uses/type Transitional and emergency housing Special Use Permit criteria Yes, with conditions. Comments: For supplemental use, criteria see page 18 and 19 of this report. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: This proposed facility would be operated by a non-profit corporation, Human Resources Development Council (HRDC) that would provide emergency shelter and services to the homeless at the Site during its hours of operation. The conditions proposed in this report are to address the supplemental use criteria for transitional housing. This project is not required to comply with affordable housing requirements as no new homes are proposed. This project provides 120 beds for homeless individuals’ sleeping accommodations. 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes, with code provisions. Secondary access No Traffic Impact Study / LOS NA Transportation grid adequate to serve site Yes Yes Comments: A Traffic Impact Study was not required by the Engineering Department. Vehicular ingress and egress to the property is from Wheat Drive and meets standards. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1 from a local street Yes Street easements NA Special Improvements Districts NA NA Parking requirements of 38.540 Required parking nonresidential NA NA Yes Bicycle parking Required 3 Provided 0 Required parking residential Required 30 Provided 33 Reductions nonresidential - and bike and shower facilities- 6 space reduction NA Reductions residential 1:1 mixed use- 0 residential parking required NA On street parking NA Yes with code provisions. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 13 of 21 Transit reduction NA Comments: The existing site layout and vehicular access point will not change. Intensity of vehicular trips to this site will decrease from the previous daycare use at that site. The provided parking meets standards. Transitional and emergency housing requires 0.25 spaces per bed. The maximum occupancy proposed is 120, therefore 30 parking spaces are required and 33 are provided. One on-street parking space may be credited for the apartment tenant’s use if that unit is approved for occupancy. Bicycle parking is required at a ratio of 10 percent of the 30 vehicle parking spaces required. Therefore, three secure bicycle racks are required and which meet the design and location standards of Sec. 38.540050.A. 4 and 5. A code provision is provided for this issue. No special improvement districts are required. 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, with conditions. Vehicle accesses to site 1 Yes Pedestrian access location(s) Yes with Condition number 3. Site vision triangles Yes, with code provisions. Fire lanes, curbs, signage and striping Yes with code provisions. 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 with Condition number 3. Crosswalks Yes with Condition number 3. Curb ramps Yes with Condition number 3. Pedestrian lighting NA Comments: A sidewalk does not exist between the city sidewalk along Wheat Drive and the building entrance; this creates an unsafe condition for pedestrians. A crosswalk does not exist in the city sidewalk alignment along Wheat Drive in accordance with city access and sidewalk standards; this also creates an unsafe condition for pedestrians. Condition of approval number 3 would mitigate this safety hazard for pedestrian facilities and crosswalks. Fire lanes must be provided in the parking areas in accordance with city standards. A code provision has been provided for fire protection standards. Should the SUP be granted by the Director, a revised site plan must be submitted addressing these standards. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes, with Condition number 3. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 14 of 21 Access easements NA NA Comments: There is a sidewalk and landscaped strip within the Wheat Dr. ROW fronting this Site. The building does not currently have a safe pedestrian connection to the Wheat Drive sidewalk. Condition of approval number 3 requires pedestrian facilities from the building entrance to the sidewalk along Wheat Drive and a crosswalk is required across the Wheat Drive access driveway to provide safe pedestrian access to and from the site. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA NA NA Additional Berths (min. 45 feet length) NA NA Comments: Loading areas are not required this use. No loading areas are proposed. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 NA Rights of way for pedestrians alternative block delineation NA Comments: The undated subdivision plat record for this property is an older plat that predates code requirements and, therefore, qualifies for and is deemed a legal nonconforming lot and block. 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 NA Comments: This is a conversion of an older building with existing utilities. Site Surface Drainage and stormwater control 38.410.080 NA Location, design and capacity NA Landscaping per 38.410.080.H NA Comments: The change of use to a transitional and emergency housing use would not alter the existing physical site and stormwater drainage patterns. Grading 38.410.080 NA Maximum 1:4 slope requirements met NA Comments: .The change of use on the site from a day care center to a transitional and emergency housing facility would not involve any additional grading of the site. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation Yes. 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 DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 15 of 21 ___ ac. X ___ units/ac. X 0.03 ac.= _____ ac. Cash donation in-lieu NA NA Improvements in-lieu NA NA Comments: Per Section 38.360.135.C.5, this affordable housing project is exempt from parkland dedication requirements. There are mature trees along the north and east perimeters of the site that would remain to provide habitat and feeding areas for wildlife. 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—Mixed NA Building Design 38.530 NA Open space 38.520.060 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes with code provisions. Comments: The change in use from day care center to transitional and emergency housing does not require compliance with block frontage standards or building design. No building expansion is proposed. The location and details of a trash enclosure must be provided with a final plan submittal in accordance with standards. Should the SUP be granted by the Director, a revised final plan must be submitted addressing the location and screening of the trash enclosure. 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, with conditions. Vehicular circulation and parking 38.520.050 Yes, with conditions. Comments: Condition of approval number 3 requires a crosswalk to be installed across the access driveway and a concrete pathway to be provided to the building entrance from the Wheat Dr. sidewalk in order to mitigate existing unsafe pedestrian conditions on-site. A fire protection code provision is necessary to designate fire lanes in the parking areas to assure safe parking areas with fire department access. Should the SUP be granted by the Director, a final plan must be submitted addressing these standards. 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 DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 16 of 21 Comments: Minor changes to the site are proposed. Three additional parking spaces are provided within the existing parking lot. Pursuant to Condition number 3, sidewalks must be added to assure safe pedestrian pathways to the site and within the site to the building entrance. Landscaping Yes 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 with code provisions. Setback NA Additional screening NA Parking lot screening NA Interior parking lot landscape NA Off-street loading spaces screening NA Street frontage NA Street median island NA Acceptable landscape materials Yes, for screening around the new trash enclosure. Protection of landscape areas Yes, for screening around the new trash enclosure. Irrigation: plan, water source, system type Yes, for new landscaping only. Trees for residential adjacency NA City rights-of-way and parks NA Tree plantings for boulevard ROW, drought-resistant seed NA Public ROW boulevard strips NA Irrigation and maintenance provisions for ROW NA State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: No new rights of way plantings are required or proposed. Pedestrian area landscaping, including pathways and internal circulation 38.520.040 NA 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 Yes, with code provisions. Open space Yes. Comments: The required open space area is provided. No landscape details are provided for the open space. A landscape plan for the open space on site is required. This must be provided with the final plan. The trash enclosure must be screened on all sides with a minimum five foot wide landscape buffer that must be protected by curbing. Code provisions are provided for these issues. Should the SUP be granted by the Director, a detailed final plan must be submitted addressing these standards. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 17 of 21 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Yes Total required: 4,440 sf Yes Total provided: 4,615 sf Yes Comments: The appropriate area is provided. A landscape plan must be provided that meets the required open space amenity standards. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes, wiith code provisions. Site lighting (supports, cutoff and temperature) NA Minimum light trespass at property line NA Comments: The site includes building mounted lighting that does not conform to full cutoff standards. The nonconforming lights must be replaced with conforming lighting. A code provision has been provided for this issue. Should the SUP be granted by the Director, a final plan application must be submitted with locations of lighting noted and cut sheets provided addressing these standards. 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 has been proposed to date. A separate building permit application for signage would be required should the SUP be granted by the Director. 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: The grading for this site was previously addressed in 1980 at the time of development. Drainage design NA Stormwater maintenance plan 38.410.030.A NA Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: 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 DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 18 of 21 Comments: No change to the pervious and impervious surfaces is proposed by this change of use application. 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: There are no watercourses on-site or in the vicinity to be affected by the proposed change of use. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment Yes Yes Comments: A public notice period was executed per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report document. Comments from fifty-seven persons and entities were received via email message to the City’s public comment webpage; all of which were in support of this application. One protesting public comment was received by emailed letter to staff in which the author, manager of a nearby retail business, was concerned that the Warming Center would attract more homeless individuals congregating on their property. Staff met with this commenter, conducted a site visit with the commenter, and asked the Applicant to communicate with this commenter to advise him of the Applicant’s proposed Management Plan for the Center. 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 site is, and will remain; a single lot and no new easements are required with this application. 22. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing NA # of phases NA Yes DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 19 of 21 Comments: No phasing is proposed. Section 38.230.110, Special Use/Conditional Use Permit Criteria Required Standards Subsection E Proposal Meets Code? E.1. Adequate in size for the use The proposed transitional and emergency housing program can be adequately accommodated within the existing 11,845 sf building and nearly 1-acre lot. Yes E.2:No material adverse effect on the abutting property Due to the provisions of Condition number 3, it is anticipated that the Warming Center’s clientele would travel to the site via public transportation, then may travel to a nearby bus stop via sidewalks along Wheat Drive or Mandeville Lane to and from the Site. It is also anticipated that the Management Plan would require clients to sign a participation agreement stipulating that they must not congregate on private property within the vicinity. Yes, with Condition number 3. E.3: Conditions needed to protect health, safety and general welfare of the public The Director has determined that granting the SUP warrants conditions of approval in order to protect the health, safety and general welfare of the public. These conditions are found beginning on page 2 of this report. Yes, with conditions. Comments: The Center would accommodate 120 beds, representing 120 individual clients each evening. The Center’s sleeping accommodations end in the morning hours. Therefore, up to 120 persons plus staff are in need of transportation to the site in the evening hours and from the site in the early morning hours. The Streamline Blue Line terminates service at the WalMart site located approximately 4,500 linear feet from the Center. This 0.8-mile distance from the closest bus stop to the Center is too great to serve the Center’s clients, particularly during winter months. To avoid hardship to the Center’s clients and to provide transporation options in lieu of Streamine Transit, the Director is placing Condition number 3 on approval of the SUP. Condition number 2 requires that the Applicant provide transportation for Center clients to and from the site at the hours of operation of the Center. This transportation service for their clients must be provided by the Applicant until such time that public transit service for Center clients, at the hours needed for their purposes, is provided to a sheltered transit stop located, at a minimum, one-quarter mile from the Center’s location. This transportation service is needed to assure the health, safety and well-being of the Center’s clients. It is noted that the Streamline transit service is operated by the Applicant, HRDC. HRDC is conducting a routing and service evaluation of the entire Streamline system. This evaluation may result in an expansion of DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 20 of 21 the Blue Line route northward to service the Center, the motels in the vicinity, other businesses in the vicinity and proposed new client service businesses located east of N. 7th Avenue along West Griffin Drive. The number of individuals traveling to services in this vicinity may warrant an extension of the Blue Line to loop around N. 7th Avenue, W. Griffin Avenue, and stop at the Center on Wheat Drive. The extension of the Blue Line route to Wheat Drive and West Griffin Drive would be facilitated by enhanced street and intersection improvements along Griffin Drive from N. 7th Avenue eastward to N. Rouse Avenue. This $2 Million capital improvement project conducted by the City is expected to begin in 2021. ADDENDUM: Applicant’s Narrative for SUP criteria compliance “This Special Use Permit (SUP) is to allow the existing building and site located at 2015 Wheat Drive to be reused for HRDC’s emergency shelter and services. The use of this building will allow HRDC to consolidate facilities and more efficiently utilize staff and volunteers to improve service for the growing number of folks who do not have a safe place to sleep and require emergency housing and services. This is especially critical as our community continues to work through the impacts of COVID-19. The subject property is zoned B-2, Community Business District, and is located on the west side of Wheat Drive, north of I-90 and south of Mandeville Lane. The building was constructed in 1980 and has previously been used as a roller-skating rink and a daycare center. The property includes parking for 30 vehicles, mature landscaping and an outdoor space. Transitional and Emergency Housing is a permitted “Special Use” in the B2 zone. This reuse application includes very minor site changes including additional sidewalks around the building, ramps and guardrails along the ramps. There are no changes to utilities, parking (other than restriping) or landscaping. Interior building changes are focused on improving safety per building code requirements. Special Use Permit Checklist Items 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires 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 property relate such use with the land and uses in the vicinity; The existing site and building are adequate and well-suited to Transitional and Emergency Housing. The generally flat site includes 30 parking spaces, mature landscaping and existing fencing. Very minor site improvements are proposed including the addition of sidewalks and improving ramps and the railings along ramps. No additional parking is required although new striping will help define spaces. The existing building was previously used as a day care center and has an open floor plan with many exits. The existing second floor apartment is proposed to remain. Several safety and functional improvements are proposed for the building as outlined in detail on the proposed floor plans. DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11 Staff Report Warming Center Transitional and Emergency Housing Special Use Permit Application 20145 June 25, 2020 Page 21 of 21 b. Response to the requirement 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; and The proposed use will not have material adverse effects on the abutting properties. The properties to the south and west are vacant. The other nearby properties are used as motels. Please see the attached Management Plan. HRDC will actively oversee the property to ensure compliance with the Management Plan. Trained staff will always be on-site during operating hours. c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare. HRDC has had extensive conversations with the City of Bozeman regarding the use of the building and site. No additional conditions have been identified at this time. 2. Location/vicinity map, including area within one-half mile of the site. See attached location/vicinity map. 3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. See attached site plan. Again, no major site alterations are proposed. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. See attached proposed floor plans. Safety upgrades are included in this application as discussed with the Building Division. The existing second floor apartment will also be sprinklered. 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage. Non applicable. 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed. Parking calculations are included on the site plan. The parking factor for Transitional and Emergency Housing is 0.25 spaces per bed. The maximum occupancy proposed is 120 therefore 30 parking spaces are required and provided. The existing on-street parking can count toward the apartment. No additional parking is required.” DocuSign Envelope ID: 3C333466-41CB-44A9-AD95-D7E62432DB11