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HomeMy WebLinkAbout22176 Staff report_signed Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 1 of 17 Application No. 22176 Type Site Plan, Commercial Certificate of Appropriateness, Departure request Project Name Main Street Hotel Summary A proposal to construct a four-story hotel with ground floor commercial with three commercial tenant spaces and parking at the rear of the property on a vacant property made up of many lots. Two departures are requested; The first from 38.410.070.B.2 to allow for a larger maximum service line length from the water main to the structure. The second from 38.400.100 to allow encroachment into the street vision triangle at 5th and Main. The site improvements include removing the existing material that can’t remain onsite for construction purposes, removing all existing trees, relocating existing overhead power underground, and improving existing accesses. The property is located within the Neighborhood Conservation Overlay District but not within a historic district. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 68,600 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 507 W. Main Street Legal Description Tracys 1st Addition, S12, T02S, R05 E, Block E, Lot 1-9, Plus E2 Lot 10 and all lots 40-46 and vac alley adj to lots 3-9 and lots 40-46, City of Bozeman, Gallatin County, Montana Owner Bozeman Exchange Associates, LLC, 17 Lockwood Drive, Suite 400, Charleston, SC 29401 Applicant Sanderson Stewart, 106 E. Babcock St. L1, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 2/14– 3/7/2024 2/14/2024 2/14/2024 NA Advisory Boards Board Date Recommendation Development Review Committee February 12, 2024 Adequate 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 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=265134&cr=1 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 2 of 17 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), Commercial Certificate of Appropriateness (CCOA) to construct a four story hotel with ground floor commercial and a parking lot. 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 ________________, 2024, 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 Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 3 of 17 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. 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 (BMC) or State law. 2. 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 (SIDs) on City standard form for the following: a. Street improvements to Mendenhall Street between 7th Avenue and Rouse Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to 5th Avenue between Main Street and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at 7th Avenue and Mendenhall Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at 7th Avenue and Main Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at 5th Avenue and Main Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at 5th Avenue and Mendenhall Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 the 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 final site plan approval. 3. BMC 38.340.010.F. The applicant is required to provide Community Development with the proposed design of the interpretive sign and the location of where it will be placed on the site. Content of the sign must include but is not limited to, history of the site and block, historic photos, and the recognition of the ponderosa pine tree. The applicant must provide this information for review and approval by Community Development prior to installation. The installation of the sign is required prior to the final occupancy of the building. CODE PROVISIONS 1. BMC 38.250.060. The applicant must pay the two departure fees prior to final site plan approval. 2. BMC 38.240.350. A subdivision exemption is required to merge the lots and must be approved and recorded prior to final site plan approval. 3. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 4. BMC 38.400.030.A.5 Intersections- The applicant must adjust the signal timing and add a leading pedestrian phase at the intersection of 5th Avenue and Main Street pending MDT approval of the adjustment. Prior to final site plan approval, the applicant must provide correspondence from MDT indicating if the signal timing adjustment will be required. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 4 of 17 5. BMC 34.410.060.A Easements- The applicant must provide a public access easement for the 4 feet of public sidewalk that is on the subject property plus 1 foot. Prior to final site plan approval. The applicant must submit the original signed easement hard copy to the Engineering Division at 20 E Olive Street, Bozeman, Montana prior to final site plan approval. 6. BMC 34.410.060 (B)(2) Easements- The applicant must provide the utility easement for the Northwestern Energy electric lines and other private utilities prior to final site plan approval. The applicant must submit the original signed easement hard copy to the Engineering Division at 20 E Olive Street, Bozeman, Montana prior to final site plan approval. 7. Prior to final site plan approval, the applicant must provide a copy of the street vision triangle analysis that is stamped by a professional engineer. 8. BMC 38.270.030.D Offsite Concurrent Construction – The applicant has requested concurrent construction of required public sanitary sewer improvements and the development’s buildings. The applicant must fulfill the requirements of this code section prior to issuance of a building permit for the proposed development. 9. BMC 38.270.030.C Adjacent Concurrent Construction – The applicant has requested concurrent construction of street lighting improvements and the development’s buildings. The applicant must fulfill the requirements of this code section prior to issuance of a building permit for the proposed development. 10. BMC 38.540.050.A.4 – The applicant must provide an updated site plan showing the location of the appropriate number of bicycle parking spots prior to final site plan approval. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 5 of 17 Figure 1: Current Zoning Map Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 6 of 17 Figure 2: Community Plan Future Land Use Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 7 of 17 Figure 3: Proposed site plan Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 8 of 17 Figure 4: Elevations Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 9 of 17 Figure 5: Conceptual Renderings Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 10 of 17 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-2M Community Business District Mixed Yes Comments: Growth Policy - Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The use supports the Growth Policy as it is a multi-story mixed use building. Zoning District – Community Business District Mixed: The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The use is allowed in the B-2M zone district and supports the mixed-use district. The hotel accommodates both the immediate area and the broader trade area. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: The use is a hotel. No condos are proposed. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations on the subject 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 site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how each criteria is met in the articles. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 11 of 17 Concurrent construction has been requested by the applicant. The required public improvements include both adjacent and offsite improvements that are subject to BMC 38.270.030.C and BMC 38.270.030.D. The required offsite public sewer improvements are being completed by another developer. Due to this condition and in addition to the other requirements in BMC 38.720.030.D, the applicant must enter into an improvements agreement that acknowledges the risks associated with another developer completing the sewer improvements and the applicant’s responsibility to complete the sewer improvements should the other developer not fully install the required sewer improvements. These requirements must be met prior to a building permit being issued for the development. The applicant is also installing street lighting adjacent to the development. The applicant will need to meet the requirements of BMC 38.270.030.C prior to a building permit being issued for the development. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The use is allowed by right and no CUP or SUP is required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Hotel and commercial Yes Form and intensity standards 38.320 Zoning: B-2M Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage under Section 7a Refer to block frontage under Section 7a Rear 10’ 5’ Side 5’ 5’ Alley 5’ NA Comments: The building proposed is 78,248 square feet. The ground floor includes three commercial tenant spaces and supporting uses to the hotel that includes a lobby, gym, pool and conference space. The proposed building meets setback requirements. The building is located along Main Street with the parking located behind it along Mendenhall. Lot coverage 32% total Allowed: 100% Yes Building height 55’ Allowed: 60’ or 5 stories Yes Comments: The building is 4 stories tall and meets standards. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 below for full analysis. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 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 Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 12 of 17 Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic impact study by Sanderson Stewart was submitted to the Engineering Division who determined the findings of the study to be adequate for the proposed use. The submitted traffic impact study indicated that adjusting the signal timing and adding a leading pedestrian phase at the intersection could reduce crashes at the intersection. However, Main Street is part of the highway system governed by the Montana Department of Transportation (MDT) and any changes to the signal timing and phases must be approved by MDT. Sidewalks 38.400.080 Yes Comments: The sidewalks along Main Street and North 5th Avenue will be replaced to meet width standards. The sidewalk along Main Street is 13.5’ and the one along 5th is 9’. The sidewalk along Mendenhall will be widened to 10’ and include an access easement as it protrudes onto the property. Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage and striping Yes Comments: There is access to the site from an alley to the west off Main Street, an alley off North 5th and a drive aisle off Mendenhall. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes, with departure Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: A departure is requested to allow the building to encroach into the street vision triangle at 5th and Main. West Main is classified as a principal arterial, West Mendenhall is classified as a minor arterial, and North 5th is classified as a local street. The street vision triangle on Main and 5th is required to be 40 feet along the curbline but can be less if there are intersections with traffic signals. The street vision triangle distance proposed is 28.1 feet. The Engineering Division reviewed the memo and the traffic impact study and found that the departure request meets AASHTO criteria and there is sufficient sight distance for oncoming traffic and left turns. AASHTO recommends a 9-foot curbline distance where there is a signalized intersection. The Engineering Division concurred with this written analysis and supports the departure request. A final stamped copy of the analysis must be submitted to the City prior to final site plan approval. There are no applicable pathways or transportation facilities, nor public transportation proposed with this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The lots exist and meet standards. A subdivision exemption is required to merge the lots prior to final site plan approval. 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, with code requirement Water, sewer, and stormwater Yes, with departure Other utilities (electric, natural gas, communications) Yes Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 13 of 17 CIL of water rights (CILWR) Yes, with code requirement Comments: A Water and Sewer Design Report was prepared by Sanderson Stewart. A departure is requested to allow for an exceedance of the maximum service line length from the water main to the structure. The building will be connected to the water main on 5th Avenue which exceeds the maximum length of a water service from the mechanical room on the west side of the building to the water main. Based on a memo and design report provided by the applicant, the pressure availability is adequate to service the fire and domestic water service lines. The Engineering Division and Fire Department reviewed the request and found it to be adequate, therefore supporting the departure. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. 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 NA Comments: A Stormwater Plan was prepared by Sanderson Stewart and the Engineering Division reviewed and found it sufficient. The applicant proposes stormwater piping and an underground retention facility. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There is no watercourse on the property. 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 NA Improvements in-lieu NA Comments: No parkland is required since this project is not a residential project. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parkland is required since this project is not a residential project. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed/Storefront Yes Departure criteria None NA Comments: Main Street, North 5th, and Mendenhall are considered mixed block frontage. The applicant has chosen to utilize storefront block frontage on Main Street and North 5th as the option to comply with mixed. There is no building fronting onto Mendenhall so only parking lot standards apply. Building placement: The building is placed right up on the property line to meet the storefront block frontage standards. Building entrances: The buildings have entrances facing the streets. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 14 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 0 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 0 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 64 Façade transparency: All buildings with non-residential uses require at least 60% transparency; this requirement is met. Weather Protection: All building entrances have provided weather protection along at least 60% of the façade. Parking location: Parking is located to the rear of the property and buffered with landscaping. Sidewalk width: The existing sidewalk along Main Street, North 5th, and Mendenhall are being improved. The sidewalk along Main Street is 13’ wide and along North 5th is 10’ wide. 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 Yes 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 38.520.040 Yes Comments: Pedestrian access to the building is from the south and north side. Design of vehicular circulation systems to ensure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Vehicular access is on the north side of the building through a horseshoe shaped access drive. On-site open space 38.520.060 Yes Total required 2% for commercial uses (1570 SF) Yes Total provided 2044 SF Yes Comments: This proposal meets the open space criteria. The open space is within the central plaza on the south side of the building that includes seating, landscaping, and sidewalks. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service area is located towards the rear of the property and screened via landscaping. Utility meters are screened by landscaping. 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 building materials are cast stone and brick veneer. The overall design complements the surrounding neighborhood and reflects characteristics of Main Street. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 15 of 17 Provided on-street 0 Bicycle parking 38.540.050.A.4 40 Yes, with code provision Comments: Per Ordinance 1925, there are no minimum parking requirements for the Midtown Urban Renewal District. Bicycle parking is still required: 32 spaces for the hotel and 8 spaces for the commercial space, equating to 40 spaces total. The plans only show 6 bicycle spots when 40 are required. Final design and location of the appropriate amount of bicycle parking spaces must be identified prior to final site plan approval. Loading and unloading 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 Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along Main Street, North 5th, and Mendenhall. There is an existing ponderosa pine located on the site. The City had recommended that the tree be considered for preservation early on in the development review process. The City Forester met with the applicant team on January 11, 2023 along with a private company arborist from Gallatin Tree Care. It was determined that the existing conditions at the surface level including the impervious concrete and stepped curb structure several feet above grade are negative factors for the tree health and inhibit air/water exchange for the tree’s root system. Excavation was conducted to carefully remove material to determine the tree’s original grade and revealed a galvanized steel structure near the base of the tree which has a negative factor to the root health. Given the observations, it was determined that the tree had experienced a drastic grade change from its original growing conditions and that the severe grade changes are difficult for trees of all types to recover from. The lack of fine surface roots in the top 8-12 inches of soil and a visible trunk flare is a serious concern for tree stability and health. An unstable tree of this size adjacent to buildings and areas of active pedestrian use represents a significant safety concern. The tree is a poor candidate for preservation for all the above reasons. Based on these findings, the tree is proposed to be removed. The City and the applicant team have been working together to discuss alternative methods to incorporate the tree into the building and site’s design. The applicant is proposing to remove the tree and have it brought to a local mill to be reuse the pieces. Once the pieces are milled and the condition assessed, it will be determined how it gets incorporated. As outlined in the conditions of approval, the applicant will work with City staff on how the tree is incorporated into the site and will install interpretive signage. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 16 of 17 Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 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: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the site. The project lighting is found to be sufficient and meets code. 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: The public notice period ran from February 14 until March 7, 2024. Public comment was received. Most public comment received centered around the removal of the existing ponderosa pine. A letter from the residents was directed to the applicant team and the City asking that the removal of the tree be reconsidered. This letter was signed by over 150 residents. Two public comments were received in support of the project. In response to the public comment about the removal of the ponderosa pine tree, City staff and the applicant team have discussed measures on how to recognize and preserve components of the tree which are outlined in section 7e and 11. All public comment received is here: https://weblink.bozeman.net/WebLink/Browse.aspx?id=288980&dbid=0&repo=bozeman&cr=1 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A subdivision exemption is required for the merger of the lots prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards NA Architectural appearance 38.340.050 Yes NCOD Design Guidelines Yes Comments: The proposed project is located within the NCOD but is not within a historic district. This means that the project must address the standards of 38.340.040 and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for new construction. The new design meets the standards outlined in 38.340 and the NCOD Design Guidelines. The site has been vacant since 2017 when the existing motel was demolished. This motel was built in 1959. Prior to that, the block contained multiple residences that date back to 1904. This area served as a residential neighborhood until the 1950s when houses between Main and Mendenhall started to be demolished to accommodate auto oriented businesses such as gas stations and a motel. The character of this block shifted from residential to commercial except for a few of the original houses that remain that have been turned into commercial businesses. The ponderosa pine tree is estimated to be over 100 years old, most likely planted around the time these residences were built. Unfortunately, grading done on the site due to construction of the original motel has resulted in damage to the tree’s roots over time. As stated above in section 7e, the tree is a poor candidate for preservation and is a safety hazard. Staff Report Main Street Hotel Site Plan & CCOA Application 22176 April 4, 2024 Page 17 of 17 The intent of the Neighborhood Conservation Overlay District designation is to protect and enhance neighborhoods or natural features for the educational, cultural, economic benefit or enjoyment of the city. Since the tree is not recommended for preservation and is proposed to be removed, the interpretive signage and use of the tree in other ways can develop educational components for residents and visitors. As outlined in the conditions of approval, the applicant team will work with City staff on the content of the interpretive signage and how it relates to historical and cultural components of the site including but not limited to, history of the site and block, historic photos, and recognizing the ponderosa tree and how it has been incorporated into the site.