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HomeMy WebLinkAbout23085 Staff Report Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 1 of 15 Application No. 23085 Type Site Plan Project Name Berkshire Hathaway Office Building Summary A proposed two-story office building located near the corner of Stafford Avenue and West Babcock Street on a pad lot within the Valley West Square Master Site Plan (MSP) #18355. The parking area, parking lot landscaping, solid waste enclosure, and vehicular and pedestrian access from Stafford Ave. and N. Cottonwood Rd. are existing and were constructed with Phase 1 of the MSP #19264. This application proposes a two story office building on Lot 4 with associated walkways, landscaping, building mounted lighting, and bicycle parking. Zoning B-1 Growth Policy Community Commercial Mixed Use Parcel Size 0.31 acres Overlay District(s) None Street Address 15 Stafford Ave. (final address TBD) Legal Description Valley West Sub, S10, T02 S, R05 E, Block 1, Lot 4, Acres 0.312, Per Plat J-320b, City of Bozeman, Gallatin County, Montana Owner Berkshire Hathaway Home Services, 1020 South Ave, Missoula, MT 59801 Applicant Same as Owner Representative Cushing Terrell, 13 N. 23rd St., Billings, MT 59101 Staff Planner Danielle Garber Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 6/16/23 – 7/11/23 6/16/23 6/16/23 NA Advisory Boards Board Date Recommendation Development Review Committee 6/12/23 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date: September 11, 2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 2 of 15 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 a two-story office building in the Valley West Square Master Site Plan lot 4. 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 ________________, 2023, Anna Bentley, 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. 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. CODE PROVISIONS 1. BMC 38.410.130. - Water Adequacy: To satisfy the City's water adequacy requirement a cash-in-lieu of water rights fee must be paid prior to final site plan approval. The assessed fee is $1,582.00. Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 3 of 15 Figure 1: Current Zoning Map Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 4 of 15 Figure 2: Site Plan Overall Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 5 of 15 Figure 3: Enlarged Site Plan Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 6 of 15 Figure 4: Landscaping Plan Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 7 of 15 Figure 5: Planting Plan Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 8 of 15 Figure 6: South West Perspective (from Babcock) Figure 7: North Elevation (from parking area) Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 9 of 15 Figure 8: North Elevation Figure 9: South Elevation (east and west elevations in application materials) Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 10 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 with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-1, Neighborhood Business District Yes Comments: The project conforms to the requirements of the B-1 zoning district. The 2020 Community Plan designation of Community Commercial Mixed Use correlates with the B-1 zoning district. The proposed project conforms to this designation by providing a smaller scale office activity in an established community business corridor near residential uses, and arterial and collector streets. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. 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. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The application conforms to the site plan criteria and submittal requirements. The building and site updates are proposed to be built in one phase. Any additional use permit (Special use Permit) 38.230.120 No Comments: A special use permit is not triggered. Offices are principal uses in the B-1 district. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. The applicant proposes a footprint of 4,929 square feet. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Offices Yes Form and intensity standards 38.320 Zoning: B-1 Setbacks (feet) Structures Parking / Loading Yes Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 11 of 15 Front Block Frontage Block Frontage Rear 10 10 Side 5 8 Alley NA NA Comments: The proposed project fronts onto West Babcock Street with a mixed block frontage designation and a 10-foot front setback. The building also exceeds the 10-foot setback on Stafford Avenue with a 17-foot setback. 5-foot side setbacks to the existing parking area, and the adjacent lot on the west side are met. No new parking areas are proposed. Lot coverage 36.3% Allowed 100% Yes Building height 35’ 9 ¼ “ <3:12 Allowed 40-feet Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 NA Comments: No setback or height encroachments are proposed. No other general land use standards are triggered. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: No supplemental uses are proposed. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No housing is proposed. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. A traffic impact study was not required by the Engineering Division. Level of service standards and roadway capacity for streets serving the site was evaluated by engineering with a traffic peak hour trip generation letter provided by the applicant. Sidewalks 38.400.080 Yes Comments: Sidewalks exist and connections are provided to West Babcock Street and Stafford Avenue. Drive access 38.400.090 Access to site: 0 proposed, 2 existing MSP Yes Fire lanes, curbs, signage and striping Yes Comments: Drive accesses exist to connect the site from North Cottonwood Rd., and Stafford Avenue. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 12 of 15 Comments: No transportation pathways or public transportation facilities are proposed with this application. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. 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 Provisions for utilities including efficient public services and utilities 38.410.050-060 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: Requirements were reviewed by engineering. CILWR must be paid prior to final site plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. No new drainage facilities are proposed with this application. A storm discharge memo was provided by the applicant and reviewed by engineering to ensure capacity within the existing retention facilities at the northwest corner of the master site plan. Per the memo, there will be less runoff from this lot than anticipated and no additional facilities are needed. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: NA, no residential uses proposed. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: NA Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 13 of 15 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Landscaped Yes Departure criteria None requested Yes Comments: West Babcock and Stafford Avenue are mixed block frontages. The primary frontage for the application is the West Babcock frontage. Mixed-landscaped standards including the building placement, façade transparency, parking location, and sidewalk width requirements are met. A front facing building entrance with weather protection is provided and this building architecturally addresses the primary frontage along Babcock. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? 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 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian paths into and through the site meet the standards in this section for location, connections, and widths. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 Total required NA, site is under 1 acre. Yes Total provided NA, site is under 1 acre Yes Comments: No commercial open space is triggered with this application. However, the design is proposing a landscaped plaza at the west side of the building with seating, landscaping, and bike racks. As well as a deck on the northeast corner of the 2nd floor. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Mechanical equipment for the building will be housed on the roof and will be screened by a prefinished vented aluminum screen wall system. Solid waste will be collected via existed facilities constructed with phase 1 of the master site plan. Gas and electric meters and landscape screening are located on the south side of the building. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed building is meeting the building design standards of this section. Entries, building materials, and windows serve to break up the elevations. Cultured stone, brick veneer, and metal panels make up the bulk of the proposed exterior materials. Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 14 of 15 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 17 spaces Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 20 spaces Provided on-street 0 Bicycle parking 38.540.050.A.4 10 Comments: Parking is proposed to be provided for the office building in the existing off-street parking lot. The parking stalls total 20 spaces allocated to Lot 4. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. The amount of parking on site is reduced by 20% to for offices in neighborhood commercial (B-1). The required parking metric of 1 space per 400 square feet was approved with the master site plan and follows the Valley West PUD commercial metric. Bicycle parking meets the stall length and width required in this section. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plan conforms to standards. No new parking lot landscaping is proposed. Landscaping around the building and used to screen utility meters are consistent with the standards in this section. Landscaping of public lands 38.550.070 NA Comments: Public landscaping in the adjacent boulevard strips is existing. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments:. A sign permit is required prior to the installation of any signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: New building mounted lighting is proposed with this application. The proposed lighting meets the intensity, cutoff and shielding requirements of this section. Two types of lighting will be mounted to Staff Report Berkshire Hathaway Site Plan Application No. 23085 September 11, 2023 Page 15 of 15 the building, fixture C1 (referenced on the photometric plan) is recessed under the north and south entrance awnings, W1 are Lithonia wall packs at the east and west elevations. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was provided. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No subdivision exemptions were required with this application. Easements are existing.