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HomeMy WebLinkAbout24266 Final Staff Report FINAL Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 1 of 21 Application No. 24266 Type Site Plan, Commercial Certificate of Appropriateness, Demolition Project Name Block B Mixed Use Building Summary Redevelop five parcels in the B-3 zone district. Two apartment buildings and a single-household dwelling will be demolished and replaced with a seven story, 174,216 square foot, mixed use building. The ground floor includes a lobby, residential amenities, commercial spaces, and parking with levels 2-7 containing the residential units. Additional parking is located in an underground garage. There are 80 parking spaces located in the parking garage. The project proposes 46 residential units in total; 25 two- bedroom units, 19 three-bedroom units, and two four-bedroom units. Provided open space includes ground level exterior shared space, ground level indoor shared space, and private balconies. The project proposes to use shallow incentives for affordable housing to allow two additional stories of height (maximum 15 feet per story) in the B-3 zone district as outlined in 38.380.020.C.3. The B-3 zone district allows for a 70 foot tall building outside of the core area. The shallow incentive would grant the building to be 100 feet tall. The proposed building is 90 feet tall. Rather than providing the required number of units (5% at 120% AMI), the applicant is proposing to dedicate two parcels of developable land to the City as affordable housing as allowed by UDC Section 38.380.050. The property is located within the Neighborhood Conservation Overlay District but is not within a Historic District. The existing buildings that will be demolished are not considered contributing or eligible as historic structures. Zoning B-3 Growth Policy Traditional Core Parcel Size 39,204 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 511-541 E. Babcock Legal Description Rouse First Addition, S07, T02 S, R06 E, Lot 17-25 & E 26.5’ Lot 26, Block B, City of Bozeman, Gallatin County, Montana Owner S2K Miller Babcock LLC, 4643 S. Ulster Street, Suite 1500, Denver, CO 80234 Applicant Intrinsik Architecture, 106 E. Babcock, Suite 1A, 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 10/31-11/26/2024 10/31/2024 10/31/2024 NA Advisory Boards Board Date Recommendation Development Review Committee October 24, 2024 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Recommendation The application is adequate, conforms to standards, and is sufficient for approval with the conditions and code provisions as noted below. Decision Authority Director of Community Development Due 12/20/2024 Full application may be found at the City’s online document repository for Application 24266 and may be viewed digitally at The City of Bozeman Department of Community Development, 20 E. Olive Street Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 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 Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP), Certificate of Commercial Appropriateness (CCOA) and Demolition (Demo) application to construct a seven story, 174,216 square foot, mixed use building with 46 residential units, ground floor commercial, associated access, parking, open space, and infrastructure 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 _20th_ day of December 2024, Erin George, Interim Director of Community Development, or her designee, 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 OR HER DESIGNEE Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 3 of 21 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 City Commission must approved the transfer of ownership of the donated land for affordable housing by Resolution and take possession of the donated land prior to the issuance of any building permit for the Block B Site Plan. CODE PROVISIONS 1. BMC 38.380.040.E. The applicant and owner, if different, must consent to the City recording the affordable housing plan immediately following conditional approval of the Block B site plan. 2. BMC 38.380.050. The applicant must, at their own expense, submit a title report for the parcel being donated to the city and pay any closing costs for transference of the parcel to the city. 3. BMC 38.380.050. Land Donation Alternative. Approval of the Block B site plan application 24266 is entirely contingent upon consummating the donation of land to the City per BMC 38.380.050. The site plan utilizes affordable housing incentives that provide alternative design standards to that which would be applicable to the development without the affordable housing incentives. Failure to donate fee simple ownership of the Donated Parcel renders this conditional approval of application 24266 null and void. 4. BMC 38.240.350. A subdivision exemption application is required to aggregate the underlying lots. The amended plat must be approved and recorded with the Gallatin County Clerk & Recorder prior to final site plan approval. 5. BMC 38.410.060. The alley easement must be provided on a city standard easement template and signed hard copies executed and submitted to the city prior to final site plan approval. 6. BMC 38.410.130. Water Adequacy: The project's estimated annual municipal demand from the project is 5.81 acre- feet. A credit volume of 1.47 acre-feet has been applied based on the historic metered demand from the properties reducing the development's demand to 4.35 acre-feet which must be offset. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $26,072. Payment must be made prior to final site plan approval. 7. BMC 38.420.030. The applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 8. BMC 34.05.030. Encroachment on public right-of-way prohibited. Except as otherwise provided by this Code, it is unlawful to obstruct the public rights of way of the downtown business district with debris, encumbrances or encroachments of any kind which hamper or interfere with the free and safe use or passage by the public. Planters and landscaping must be removed from the sidewalk ROW and new drawings must be provided prior to final site plan approval. 9. BMC 38.270.030.C. The applicant proposes concurrent construction of the building and the infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D, BMC prior to the issuance of a building permit for the proposed development or per 38.270.C complete construction of all off-site infrastructure first. 10. BMC 38.340.100. All conditions and code provisions outlined in this staff report must be met prior to the demolition or movement of the existing structures. Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 4 of 21 Figure 2: Current Zoning Map Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 5 of 21 Figure 2: Community Plan Future Land Use Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 6 of 21 Figure 3: Proposed site plan Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 7 of 21 Figure 4: Primary façade facing Babcock Figure 5: Rear façade facing alley Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 8 of 21 Figure 6: Side façades Figure 7: Renderings Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 9 of 21 Figure 8: Photo of 511 E Babcock Figure 9: Photo of 519 E Babcock Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 10 of 21 Figure 10: Photo of 533 E Babcock Figure 11: Photo of 541 E Babcock Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 11 of 21 Figure 12: Photo of site looking northwest Figure 13: Aerial photo of site Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 12 of 21 ANALYSIS AND FINDINGS Analysis and resulting 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 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 Core Yes Zoning B-3 Downtown Business District Yes Comments: The Bozeman Community Plan 2020, page 73, discussing how zoning is made in accordance with a growth policy includes this statement: “The City must balance many issues in approving urban development. Therefore, it is not unusual if there is some tension between competing priorities, even if there is no explicit contradiction of policy.” The adopted regulations in Chapter 38 are the result of the Commission considering and balancing a wide range of issues and provides an overall compliance basis of evaluation. This balancing means that individual goals or objectives are not maximized to the exclusion of other priorities and evaluation occurs against the whole of the growth policy. Applications consistent with the adopted regulations are in accordance with the overall growth policy. The Bozeman Community Plan 2020 encourages the City to look inward by prioritizing infill. This application supports the following goals, with staff analysis in italics: - Goal R-2.8: Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. This project helps support the existing activity and efforts to promote density downtown. - Goal N-1.1. Promote housing diversity, including missing middle housing. This project proposes a multi-household apartment building with a variety of unit types ranging from two to four bedrooms. - Goal N-1.12: Encourage major employers to provide employee housing within walking/biking distance of place of employment. These units could support employees at various downtown businesses, including nearby restaurants, retail and service establishments, schools, and local government. - Goal N-3.3: Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. The project proposes to utilize land donation to construct affordable housing along North 19th Avenue which is near commercial, recreational, and transit areas. - Goal N-4.1: Continue to recognize and honor the unique history, neighborhoods, and neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. The subject property is located within the Neighborhood Conservation Overlay District and must adhere to the standards outlined in Section 38.340 of the code and the Design Guidelines Chapter 4-B. Additional analysis is outlined below in section 11. - Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. The subject property is within proximity of services and parks. - Goal DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The project uses affordable housing incentives to increase density on an underutilized infill site in the B-3 zone district. - DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The subject property is one block from Main Street and is located in the B-3 zone district which supports higher density development. - DCD-2.9: Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. The City Commission adopted an affordable housing ordinance number 2105 in October 2022. This ordinance offers a menu of incentives to incentivize the creation of affordable housing. One of the incentives offered is increasing the number of stories on a structure. The B-3 zone district allows Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 13 of 21 structures to be 70 feet high outside of the core area. The affordable housing shallow incentive allows the structure two additional stories or height (maximum 15 feet per story) or in this case, 100 feet. The project proposes a 90 foot tall building utilizing 20 feet of additional height. approximately 11.5 feet of additional incentive height. The use of this incentive is practical for its location and its proximity to Downtown. Pursuant to the code, no height transition is required since the subject property is surrounded by the B-3 zoned properties. - DCD-3.1: Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. This infill site is very walkable as it is in proximity to a variety of amenities and close to two bus stops with active routes. - M-1.1: Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The subject property is located downtown which is in close proximity to jobs and services. The subject property is categorized as Traditional Core on the Future Land Use Map of the Growth Policy. “The traditional core of Bozeman is Downtown. This area exemplifies high quality urban design including an active streetscape supported by a mix of uses on multiple floors, a high level of walkability, and a rich architectural and local character. Additionally, essential government services and flexible spaces for events and festivals support opportunities for civic and social engagement. The intensity of development in this district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary for long-term resilience. Challenges do exist, particularly around keeping local identity intact, balancing growth sensitively, and welcoming more transportation modes and residents. Underdevelopment and a lack of flexibility can threaten the viability of the land use designation. Future development should be intense while providing areas of transition to adjacent neighborhoods and preserving the character of the Main Street Historic District through context-sensitive development.” (Bozeman 2020 Community Plan pg. 55) As noted above in the analysis to the various goals articulated in the Bozeman Community Plan 2020, this application conforms to its Traditional Core designation on the Future Land Use Map of the Growth Policy. The project supports a mix of uses on multiple floors with commercial on the ground floor and residential above. It is located downtown which promotes a high level of walkability. The intensity of the project is well over 1 FAR. The project meets Chapter 4-B of the Design Guidelines. Additional analysis is outlined below in section 11. The subject property is zoned B-3, Downtown District. Per 38.300.100, “the intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area's historical pedestrian-oriented context are very important. This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core.” The project is an infill development that is high density with pedestrian-oriented context along the street. 2. Conformance with Article 1 – All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Any individual unit ownership would require a separate condominium review application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None NA Comments: There are no current violations on the subject property. Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 14 of 21 4. Conformance with Article 2 – Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan & Certificate of Appropriateness (COA) Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The site plan and COA criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See the analysis below for how the required standards of each article is met. Concurrent Construction has been requested by the applicant to allow simultaneous construction of the proposed building and required supporting infrastructure. The required infrastructure improvements include adjacent improvements that are subject to BMC 38.270.030.C. The requirements of this section including City and DEQ infrastructure review, approval from the City Fire Marshall, execution of an Irrevocable Offer of Dedication, and an acceptable concurrent construction plan, must be met prior to a building permit being issued for the development as required by Code Provision 9. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed use: commercial and apartments Yes Form and intensity standards 38.320 Zoning: B-3 Setbacks (feet) Structures Parking / Loading Yes Front Block frontage: Mixed, see section 7a Block frontage: Mixed, see section 7a Rear 0’ 0’ Side 0’ 0’ Alley 5’ NA Comments: Commercial ground floor and apartments are a permitted use in the B-3 zone district. The proposed building meets setback requirements. Block frontage standards apply and dictate setback standards. See section 7a for further analysis. Lot coverage 75% Allowed: 100% Yes Building height 90’ Allowed: 70’ 100’ with shallow incentives for affordable housing Yes Comments: The B-3 zone district does not have a maximum lot coverage limit. The B-3 zone district allows a 70-foot-tall building outside of the core area. The project proposes to use shallow incentives for affordable housing that would allow for 100-foot-tall building. This project proposes a 90-foot-tall building. For analysis on affordable housing incentives, see below. Zone edge transitions NA Comments: No zone edge transition is required because this property is adjacent to B-3 zoned properties. 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: Per 38.350.050, there are permitted encroachments into setbacks. Awnings are allowed to encroach five feet into the front setback. The building proposes awnings along Babcock that encroach five feet into the front setback, in compliance with standards. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: There are no supplemental uses or types proposed. Wireless facilities 38.370 NA Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 15 of 21 Affordable Housing 38.380.010 Yes, with code requirements and condition Affordable housing plan Yes, with code requirements and condition Comments: The project proposes to take advantage of the shallow incentives but rather than providing the required two units (5% at 120% AMI), the applicant is proposing to dedicate two parcels of developable land to the City as allowed by 38.380.020.B. These properties are located on North 19th Avenue and total .58 acres. Preliminary studies have identified the ability to place up to 36 dwelling units on the parcels. Per 38.380.030.C, the developer proposes to add two additional stories of height (maximum 15 feet per story) beyond that allowed in the B-3 zone district or in this case 100 feet or two additional stories. This project proposes to build a 90 foot tall building. The Affordable Housing Administrator, has approved the Affordable Housing Plan for the project and finds that the plan includes all information for the City to confirm compliance with the standards and criteria in BMC 38.380, including the standards in 38.380.030.B: Incentives available. The value of the land donated to the city exceeds the value of the housing units that would be provided to the city. An economic study was conducted by the applicant and found to be acceptable by the city since the value of the land exceeds the value of the units that otherwise would be required on the Block B site. Therefore, the requested incentives must be awarded only if condition 2, and code provisions 1, 2, and 3 that are outlined in the conditions of approval and code provision sections are met. 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 Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes, with condition Comments: The applicant provided a Traffic Impact Study (TIS) conducted by Sanderson Stewart, which was thoroughly evaluated by the Engineering Division and was found to satisfy City standards for trip generation and level of service (LOS) evaluations. The applicant is required to install an all-way stop control at the South Wallace and Babcock Street intersection. Additionally, the applicant must install a PROWAG compliant pedestrian ramp on the northwester corner of the intersection. Final review will be conducted by the Engineering Division during infrastructure review. Sidewalks 38.400.080 Yes Comments: The site will include new 12-foot-wide sidewalk with street trees. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Access to the site is off E. Babcock into a parking garage at the east end of the building. The project consolidates three driveway accesses into one reducing the number of conflict points along Babcock. Engineering has determined that there is no legal access through the alley since there is only an easement for half of the alley adjacent to the property to the north (Tire-rama). There is no easement for both the east and west ends of this block of the alley. A departure was requested from the 40-foot driveway spacing requirement due to existing build conditions and adjacent property accesses. Engineering found that this departure was satisfactory. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 16 of 21 Comments: There will be a new 12-foot-wide sidewalk installed along Babcock. There is no 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: This is an infill project on existing lots on an existing block. 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 Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: The subject property is an infill site so existing infrastructure services the site. There is adequate capacity to service the proposed development. The alley to the north requires an easement for access to the east and west of the block which is required to be approved prior to final site plan approval. The project's estimated annual municipal demand from the project is 5.81 acre-feet. A credit volume of 1.47 acre-feet has been applied based on the historic metered demand from the properties reducing the development's demand to 4.35 acre-feet which must be offset. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $26,072. Payment must be made prior to the final site plan 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 amenities for stormwater facilities NA Comments: An on-site storm water maintenance plan and design report was prepared by TD&H Engineering. Site improvements include new water and sewer services, storm drainage mitigation, franchise utilities, and an overhead power reroute. The on-site storm water management system includes roof drain piping, foundation drain piping, area drains, and subsurface infiltration galleries. The Engineering Division found the report to meet Design Standards. A Geotech Report was provided by TD&H Engineering and found that the surface and subsurface conditions can accommodate the building and site improvements. 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? Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 17 of 21 Parkland requirements 38.420.020.A .90 acres Yes Cash donation in lieu (CIL) 38.420.030 $38,093.22 Yes, with code requirement Improvements in-lieu NA Comments: 38.420.020 caps maximum park dedication requirements to 12 dwellings per acre. The project proposes to provide CIL of parkland for the project. The Parks Department finds it is appropriate to accept CIL. Final payment of CIL is required prior to final site plan approval. Commission Resolution 4784 established criteria for evaluation of cash-in-lieu of parkland. CIL will always be accepted when the development is located within the B-3 zone district. There are four parks within a quarter mile from the project site. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Parkland requirements are satisfied through the provision of cash in lieu. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed/Storefront Yes, with code provision Departure criteria None NA Comments: West Babcock is designated a mixed block frontage. Sites that include a mixed block frontage have the option to comply with either storefront or landscape block frontage provisions, the applicant proposes to use storefront block frontage. Ground floor land use: The ground floor includes commercial space, a parking garage, and residential amenities which are all permitted uses. The floor to floor height is 15 feet and the non-residential space depth is 20 feet. Building placement: The building is located right along the front property line. Building entrances: All entrances into the building face the street. Façade transparency: The ground floor requires 60% transparency along the entire façade. The front façade has 69% transparency. Weather protection: Weather protection must be along 60% of the façade with 8-15 feet of vertical clearance at least 5 feet in depth. This standard is met. Parking location: Parking is enclosed and to the rear of the structure. Sidewalk width: The applicant requested a departure to reduce the sidewalk width from 12 feet as required by storefront block frontage standards to 5 feet wide. The DRC was not in support of this departure request. The sidewalk was adjusted to be 12 feet to meet standards however, the applicant proposed to include some landscaping and planters along the sidewalk which does not meet 34.05.030, encroachment on public right-of-way prohibited meaning that it is unlawful to obstruct the public rights of way in the downtown business district. Per code provision 8, the planters and landscaping must be removed from the sidewalk ROW and new drawings must be provided prior to final site plan approval. 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 Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 18 of 21 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 46 Yes Parking requirements residential 38.540.050.A.1 46 Reductions residential 38.540.050.A.1.b 7 Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 80 Provided on-street 7 Bicycle parking required 38.540.050.A.4 4 Yes Bicycle parking provided 12 Comments: The parking garage provides 80 parking spots. There are 7 parking spots along Babcock. 12 bicycle parking spaces are provided along the sidewalk on Babcock and by the courtyard to the east of the building. 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 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: The subject property is designed to incorporate circulation and amenities for pedestrians. It is connected to existing pedestrian facilities along Babcock. Ground level features are integrated into the development for pedestrians. Light and air access standards are met meaning that the units that face the side and rear property line have adequate solar access since the building is set back more than 15 feet from the side property lines. 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 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Vehicular access to the property is from Babcock into a parking garage. On-site open space 38.520.060 Yes Total required 6900 square feet Yes Total provided 7669 square feet Yes Comments: Open space is provided through ground level shared open space, interior amenities, and private balconies. The west courtyard includes outdoor seating, landscaping, and a dog run area. Indoor amenities include a fitness studio and lounge area. Each residential unit contains a private balcony. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Trash and recycling containers are located inside the building and are moved to tip pad for collection on pick up day. Mechanical and utilities are located along the east side of the building and screened via a 6 foot tall fence. 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 meets all standards outlined in 38.530. Located in the urban core of downtown Bozeman, the building’s design uses brick and wood as materials to emulate Bozeman’s historic Main Street. The building recedes on the upper two levels and changes materials to create a lighter appearance to reduce the mass of the structure. Building design also must conform with the NCOD Design Guidelines Chapter 4B which is analyzed in section 11 below. Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 19 of 21 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 Yes 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 NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to landscaping in the front setback, landscape buffer between the parking lot and the street, incorporation of more than 75% drought tolerant species, parking lot landscaping through bulb outs and trees, and appropriate irrigation systems. 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 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 38.570.040 Yes Building entrance lighting 38.570.040.B Yes Comments: All lights must be shielded in a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element. All lighting meets standards. 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: Public notice ran from October 31 until November 26, 2024. 19 public comments were received during that period. The comments are summarized by topic with staff response below: - Height & scale of building: There are concerns that the height and the scale of the building is too tall with the additional affordable housing incentive and that it does not fit in with the surrounding neighborhood or Main Street. The design meets standards that are outlined in Article 3, Form and Intensity standards, for the B-3 district, and 38.380 Affordable Housing, and Article 5, Project Design of the code. The project is in conformance with the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District that provide design direction and guidelines for the building and site. Although the affordable housing deep incentives additional building height of up to 100 feet, the project proposes to increase the height of the building to 90 feet. - Affordable housing and shallow incentives: Comments received centered around the loss of existing affordable housing with the demolition of the existing structures that contain residences and that the incentive to allow additional height is not enough to make up for the loss of existing affordable housing. Section 38.380.030 states “Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 20 of 21 developer.” Please see section 5 above how the proposed Affordable Housing Plan meets the requirements of Division 38.380, BMC. - Lack of parking: There are concerns that there isn’t enough parking for the site. The project proposes 80 parking spaces which is more than the required amount. - Traffic concerns: Comments received centered around the intersection of Babcock and Wallace and that the project will cause more traffic and safety concerns at that intersection. The Engineering Division is requiring an additional stop sign at the intersection of Babcock and Wallace. - Impacts to adjacent businesses: Comments received from adjacent business owners centered around how the building will have increased pressure to parking and the traffic, that the construction will negatively impact access to the businesses during operation hours. This development must adhere to the rules and standards outlined in the Bozeman Municipal Code for construction regulations during infrastructure review and building permit review. Public comment can be accessed at https://weblink.bozeman.net/WebLink/Browse.aspx?id=294380&dbid=0&repo=BOZEMAN 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code requirement Required easements Code requirement Comments: A separate subdivision exemption application to merge the existing lots into a single lot is required to be approved and recorded prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes NCOD Design Guidelines Yes Secretary of Interior Standards NA Comments: The proposed project is located within the NCOD but is not within a historic district. The NCOD’s intent is to support preservation but also accommodate growth and development in a way that supports both zone district standards and neighborhood character. This project falls under Chapter 4-B, Guidelines for the B-3 Commercial Character Area in the NCOD Design Guidelines and is found to conform to the following guidelines. - Mass and Scale – Policy: The scale and character of the Main Street Historic District should be protected. The area covered under this subchapter should be able to accommodate compatible contemporary development of greater height and density. Varied mass and scale along a streetscape and block is inevitable and can contribute to a more interesting urban pattern that continues to evolve over time. The project accommodates contemporary development of greater height and density. It provides a varied mass and scale along a streetscape. The design guidelines recommend a FAR greater than 1.0. This project FAR is approximately 4.6. The building features ground level brick to complement the Main Street district. Above the ground floor is a mix of brick, metal, and wood materials to create layered composition. The building represents a contemporary style and does not convey a false sense of a historic period. The streetscape is designed to emulate similar components of Main Street. - Building Quality – Policy: New buildings shall be designed to a high level of permanence and quality. The proposed building was designed to complement the B-3 district but also incorporate sustainable methods and techniques. - Building Roof Form – Policy: Roof forms should be primarily flat roofs with other roof forms that fit into the architectural character of the application. The building uses flat roofs and incorporates a green roof system on level two. - Site Design – Policy: All sites in downtown should be designed to make the experience of pedestrians and bicyclists safe, comfortable, and visually appealing. The building is designed with storefront conditions that exceeds the recommended transparency of the windows and is located right along the setback line. Bicycle racks are located by the building entrance and along Babcock to encourage multimodal transportation. - Parking Facilities – Policy: Minimize the visual impacts of parking. Parking is provided underground and incorporated into the building to ensure that there is still an activated streetscape and visual intrusions from the parking garage. Staff Report Block B Mixed Use Building Site Plan/CCOA/Demo Application 24266 December 20, 2024 Page 21 of 21 - Signs – Policy: All signs should be designed to fit the overall context of the building and the district. The building is primarily residential so signage will be limited. Signage has not been proposed and will require a comprehensive sign plan and individual future sign permit applications prior to signage installation. - Street Patterns – Policy: Historic settlement patterns seen in street and alley plans often contribute to the distinct character of downtown and therefore should be preserved. These street plans influence the manner in which primary structures are sited and they also shape the manner in which landscape features may occur on the site. The project is located on a block that did not contain a platted alley. Vehicular access will be taken from Babcock into the parking garage. - Streetscape – Policy: Maintain the character of the streetscape. This includes a rich collection of varying street designs, sidewalk types, and street trees. The streetscape seeks to resemble that which is seen along Main Street and the urban setting of the B-3 zone district. A code provision is required to not allow planters or special plantings in the street right of way. The required street section downtown must match the historic Main Street with a simple concrete sidewalk, tree pits with cast iron tree grates, bike racks, and the historic acorn pedestrian scale street lighting. - Landscape Design – Policy: Landscaping enhances the built environment. Plant beds near and around building foundations and along walkways are encouraged. Some sites may contain plantings that have historic significance and should be retained to the extent feasible. The site proposes additional street trees along Babcock and landscaping in the western plaza. - Utilities and Services Areas – Policy: Service areas should be visually unobtrusive and should be integrated with the design of the site and building. Service and mechanical equipment are located on the east side of the site and screened via landscaping and a fence. Service entrances are located within the building and will be wheeled out to a pathway in the rear of the building. - Site Furniture – Policy: Site furnishings, including bicycle racks, waste receptacles, and light standards are features of contemporary life in Bozeman. Bike racks and other site furniture are located along the streetscape and placed near entrances. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 No Comments: The existing buildings were surveyed in 2014 and found that none of them qualified as a historic structure as defined per 38.700.090. None are individually eligible to be listed on the National Register nor are they considered a contributing resources. 38.340.100 Criteria for demolition of a non-historic structure Yes 1. COA criteria 38.340.050 Yes 2. The subsequent development must include construction of a new building Yes, with code requirement Comments: The project conforms with COA criteria as outlined above. There is a new building proposed which will not leave the site vacant. The applicant is in discussion with interested parties to potentially relocate a couple of the structures. The existing structures cannot be demolished until all code provisions and conditions outlined in this staff report are satisfied.