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HomeMy WebLinkAbout20161 Staff Report Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 1 of 14 Application No. 20161 Type Site Plan Project Name Town Pump #6 Lounge Summary A Site Plan application for the construction of a commercial building to be used as a restaurant with accessory gaming and packaged liquor sales. Zoning B-2 Growth Polic y Regional Commercial and Services Parcel Size 7.41 acres Overlay District(s) NA Stree t Address 2003 Kimberwicke Street, Bozeman , MT 59178 Legal Des cription Lot 4, Block 2 of Opportunity Subdivision, Section 35, Township 1 South, Range 5 East Owner Bozeman Town Pump, LLC, 600 S Main Street, Butte, MT 59701 Applicant Thomas Bown, Locati Architects, 1007 E Main Street, Bozeman, MT 59715 Representative Same as applicant Staff Planner Jacob Miller Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad First Notice: 6/21/20 to 7/7/20 Second Notice: 9/4/2020 to 9/21/20 6/20/2020 6/18/2020 and 9/4/2020 N/A Advisory Boards Board Date Recommendation DRC DRC - 6/10/2020 None – Adequacy Determination Recom m endation Approval with conditions Decision Authority Director of Comm unity Development Date Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 2 of 14 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 Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit the construction of seven proposed apartment buildings on a 19.86-acre lot in minor subdivision 365 with associated site improvements. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies 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 Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet 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 Title. 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 Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2020, Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. The approval of this Site Plan shall be effective for twelve (12) months from the date of Plan approval, which is the ______ day of __________________, 2021. At the end of this period the Director may, at the request of the developer, extend the approval in accordance with Ch. 38 Art.230, BMC. 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 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 3 of 14 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. The detached smoking shelter that the applicant is proposing must comply with the Montana Clean Indoor Air Act, Departments of Health and Human Services regulations, and Gallatin County Board of Health’s 2018 Montana Clean Indoor Air Act Enforcement Policy. 3. Improvements to Max Avenue and Cattail Street must be constructed as a condition of Site Plan Approval. Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 4 of 14 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 5 of 14 Figure 1: Zoning and Vicinity Map Figure 2: Growth Policy Map Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 6 of 14 Figure 3: Current Land Use Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 7 of 14 Figure 4: Site Plan Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 8 of 14 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 Regional Commercial and Services Yes Zoning B-2 Yes Comments: The uses are allowed within the zoning district. The property is within the City’s municipal service area. 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 NA Condominium ownership NA NA Comments: No specific conflicts identified. 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 Yes Comments: The site plan 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. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Restaurant w/ accessory gaming and packaged liquor sales Yes Form and intensity standards 38.320 Yes Zoning B-2 Setbacks (feet) Structures Parking / Loading Yes Front 50’ – North 19th NA Front 15’ - Kimberwicke NA Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 9 of 14 Rear NA* NA Side NA* NA Alley NA NA Comments: The proposed use as a restaurant with accessory gaming lounge and packaged liquor sales are permitted uses in the B-2 zoning district. The 50’ setback from 19th is recorded on the plat of the subdivision. *This project is part of a master site plan on a larger lot so there are no side and rear setbacks with this site plan. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 NA Building Height Requirements 38.320.010-.060 Yes Lot coverage 1%* Allowed 100% Height NA Allowed NA Yes Comments: *This project is one phase of a master site plan on a 7.41 acre lot General land use standards and requirements 38.350 Yes Comments: All encroachments are in conformance to standards. Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type None Yes Comments: The proposed development meets general land use standards. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA commercial project 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 traffic impact study was conducted and reviewed by the Engineering division. Street dedication No Yes Drive access locations and widths Yes Number of drive accesses 2 accesses Yes Street easements No Special Improvement Districts (SID) Yes Yes Comments: SID waivers were recorded with the master site plan. Parking requirements of 38.540 Required parking nonresidential 41 Yes Required parking residential NA Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 10 of 14 Reductions nonresidential NA Reductions residential NA Provided parking off street 43 On street parking NA Comments: Parking for the Town Pump Lounge will be provided through off-street surface parking. *The applicant has elected to use the parking election to calculate required parking based on the gross floor area. Planning has reviewed the proposal and found that it meets the intent of the code and the parking requirements. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 2 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: The vehicular accesses are from Kimberwicke Street. A third access will has been constructed with the subdivision but will not connect to the project site until the property is at full build out. The applicant has provided adequate non-vehicular circulation, including crosswalks, curb ramps and site lighting. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements Yes Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities Yes Comments: A 25’ wide trail easement is located on the adjacent property which has a no build restriction due to a wetland. A mutual access easement with the adjacent property to the north allows access from Max Ave and a second and third vehicular access points will be constructed with this project from Kimberwicke. The accesses from Kimberwicke line up with the accesses across the street to the other Town Pump site. The access from Max Ave will not connect to the project site until full build out of the property. 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 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 11 of 14 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 Yes Comments: No alternative block delineation is proposed. 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 Yes Comments: CILWR of $5,340.00 has been paid Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Stormwater calculations were provided and reviewed by Engineering, which found them to be adequate. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Reviewed and approved by Engineering Division 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 6.14 ac. X 4 units/ac. X ___ ac.= ___ Cash donation in-lieu(CIL) Yes NA Improvements in-lieu Yes NA Comments: NA 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 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 12 of 14 Building Design 38.530 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: This property meets the Landscaped and Gateway block frontage standards. The building designs are compatible with the immediate environment and surrounding neighborhoods. 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: This projects provides adequate pedestrian and vehicular circulation. At the time of approval of the Master Site Plan, commercial open spaces were not required. The applicant however is providing a substantial amount of open space in the form of a courtyard with tables and benches. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Site Planning and Design Elements 38.520 Yes Comments: A wetland exists on the adjacent lot to the west which has a no build restriction. This project adheres to the wetland setback. There is a 25’ wide trail easement recorded with the plat and shown on this application. 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 Yes Interior parking lot landscape Yes 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, well, (sprinkler irrigation) Trees for residential adjacency NA 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 Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 13 of 14 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building 92 Yes Proposed (sq. ft) 92 Comments: The allowed signage for a property is 400 sf in B-2 with 32 sf monument sign. The applicant will be using all allowable signage with this property and will be constructing the 32’ sf monument sign with this phase. 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: Project meets requirements. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: ADS underground stormwater system Yes Comments: The proposed stormwater facilities have been reviewed by engineering and determined to be adequate to handle the stormwater runoff from the project. Watercourse and wetland protections and associated wildlife habitats Yes Additional NA NA Fencing and walls NA NA Comments: The project proposes boulevard trees and adheres to forestry and UDC requirements. 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 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 NA Yes Total provided NA Yes Comments: At the time of Master Site Plan approval, commercial open space was not a requirement. They are however providing open space in the form of a landscaped courtyard with tables and benches. 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 and site lighting meets standards. Staff Report Town Pump #6 Lounge Application 20161 October 7, 2020 Page 14 of 14 If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes Comments: There is a wetland adjacent to the property, which has a no build restriction placed on it. There is a recorded 25’ trail easement and a trail on the west side of the property. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 Yes Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There is a wetland adjacent to the property, which has a no build restriction placed on it. There is a recorded 25’ trail easement and a trail on the west side of the property. This project adheres to all applicable regulations. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment None Yes Comments: No public comment was received for this application. Details on the public notice period can be found on page one (1) of this staff report. A second public comment period was initiated after the applicant proposed to add a smoking shelter to the site. 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 Yes Required Easements Yes Yes Reciprocal access and shared parking easement No Yes Mutual access easement and agreement Yes Yes Comments: The applicant recorded all required easements with the Master Site Plan. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 4 Yes Comments: There are 4 phases proposed for the Master Site Plan. This project is the first pad site of phase 2.