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HomeMy WebLinkAbout002 Staff Report (highlighted) B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15,2025 pplication No. 24493 ype ite Plan, Commercial Certificate of Appropriateness, Demolition Project Name The Guthrie at 5th and Villard ummary n application has been submitted for the demolition of an existing structure and construction of a new four- story apartment building. The proposed building will total 54,300 square feet, with a 12,747-square-foot footprint,and a maximum height of 47 feet. It will include 91 residential units,with an average unit size of 456 square feet,consisting of 20 studio apartments,58 one-bedroom apartments,and 13 two-bedroom apartments. his project will utilize deep incentives for affordable housing under Section 38.380.030.B.3 of the municipal ode, including: 1. 38.380.030.B.3.d No minimum on-site vehicle parking requirement, but bicycle parking standards and requirements of 38.540.050 still apply.The project provides 36 parking spaces(28 on-site and 8 on-street) and exceeds bicycle parking standards with 97 spaces provided where only 11 are required. 2. 38.380.030.B.3.f(2) Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and a public or private street. This project provides a 9-foot setback between the sidewalk and the front fagade of the building where 10 feet is required. 3. 38.380.030.B.3.f(5) Section 38.530.050 building detail standards. The windows on the south fagade do not provide trim or other design treatments around windows. Of the 91 units, 46 units (10 studio, 29 one-bedroom, and 7 two-bedroom) will be designated as affordable housing, priced at or below 80%of the area median income(AMI). The property is located in the Neighborhood Conservation Overlay District and is zoned R-5 Residential Mixed Use High-Density. While the existing structure contributes to a potential historic district, it is not individually classified as a historic structure. Zoning R-5 rowth Policy Residential Mixed-Use Parcel Size 6,752 SF High-Density District Overlay District(s) Neighborhood Conservation Overlay District Street Address 321 N.5th Avenue Legal Description Karp Addition,S12,T02 S, R05 E, Block 6, Lot 1-3,Acres .843, Plat E-3-A, City of Bozeman, Gallatin County, Montana Owner Fifth and Villard Apartments, LLC, 111 W. Lamme St,Suite 101, Bozeman, MT 59715 Applicant HomeBase Partners, 111 W. Lamme Street,Suite 101, Bozeman, MT 59715 Representative Same as applicant Staff fanner Sarah Rosenberg ngineer Mikaela Schultz Noticing ublic Comment Period Site Posted Adjacent Owners ewspaper Legal Ad 12/6—12/31/2024 12/6/2024 12/6/2024 NA Advisory Boards 3oard Date Recommendation evelopment Review Committee December 4,2024 dequate Recommendation The application is adequate,conforms to standards,and is sufficient for approval with the conditions and ode provisions as noted below. Decision Authority Pirector of Community Development Date 1/15/2025 Full application:https://weblink.bozeman.net/WebLink/Browse.aspx?startid=292962&cr=1. Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Page 1 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 PROJECT SUMMARY The subject property is located at 321 N. 51h Avenue on the southwest corner of the intersection of North 51h Avenue and West Villard Street.The property is zoned R-5(Residential Mixed-Use High-Density District). Directly to the south is a two-story apartment building that is zoned R-5,to the west is the Sapphire Motel that is zoned B-2M (Community Business District- Mixed)to the north are single-household residences and to the east a church, both of which are zoned R-3(Residential Medium Density District).The site is located within the Neighborhood Conservation Overlay District(NCOD)and outside the eastern edge of the midtown Urban Renewal District. The application proposes to demolish an existing building and construct an apartment building that would have four floors with a total area of 54,300 square feet and include 91 residential units;20 which are studios, 58 of which are one bedroom and 13 of which are two-bedroom.The residential units are located on every floor and range from 367 square feet to 735 square feet. The units are proposed to be rented and not offered for sale.The ground floor features a residential lobby, bicycle parking area, a game room,TV lounge, and an outdoor courtyard. Laundry facilities are located on floors two and four,and a lounge area on floors three and five.The project provides 36 parking spaces total with 28 located on the property and 8 parallel spaces located on the street. Per 38.380.030 of the Bozeman Municipal Code(BMC),the developer is applying deep incentives for affordable housing when a building provides 50%or more of the gross floor area as affordable housing.The section 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 developer." The project proposes 46 housing units that are priced no greater than 80%of the Area Median Income(AMI).AMI is the adopted standard for measuring affordability and is regularly published by the U.S. Department of Housing and Urban Development(HUD).The affordable units include 10 studio units,29 one-bedroom units, and 7 two-bedroom units.All units will be offered for rent.The project utilizes three of the deep incentives: 1. 3.d—No minimum on-site vehicle parking but bicycle parking still applies. 2. 3.f(2)—Exemption from Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and street. 3. 3.f(5)—Exempt from 38.530.050 building detail standards. The existing building is a two-story structure that was built in 1958 as a convalescent center. It remained a care center until 2022 and now is vacant. It is not located in a historic district.Although it is not eligible to be individually listed under the National Register of Historic Places, it is categorized as contributing to a potential historic district which marks it as a historic structure, defined by 38.700 of the Bozeman Municipal Code. It retains sufficient integrity to convey its historic character with the Postwar Expansion Phase of Bozeman's development. This area was surveyed in 2020 as part of a larger survey effort of the B-2M zone district and directly surrounding areas.The surrounding area is composed of similar post war and mid-century development between North Th and the adjacent residential neighborhood, known as the Karp and Violet Additions Subdivision. The application was submitted on September 9,2024.The city reviewed this submittal and requested additional information and corrections from the applicant based on code provisions and adopted standards.This cycle of submittal and review resulted in a total of five revised application submittals by the applicant.The project was determined to be adequate on December 4, 2024. The public notice period took place from December 6— December 31, 2024. Public comments that were received and that are not in favor of the project focus on affordable housing incentives, traffic, parking, pedestrian safety, demolition of the existing structure, NCOD standards, the two-year demolition stay, and requesting the City Commission to reclaim the project. Additional description of public comments begins on page 30 of this report. Page 2 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 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)and Demolition (DEM)application to demolish an existing structure to construct a four story multi-household building with deep affordable housing incentives. 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 complies with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters regarding this application, the Director makes the following decision. C)The Site Plan meets the criteria of Ch.38, BMC,and is therefore approved,subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the 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 15th_ day of January ,2025,Erin George,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 Digitally signed by Erin George Erin GeorgeDate:DN CommUS, nity Developm nt,CN net,Oeorg of Bozeman, OU=Community Development,CN=Erin George 2025.01.15 18:34:51-07'00' Page 3 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. 38.400.010.A.Traffic calming measures are required adjacent to 5th Avenue and East Villard Street to mitigate associated traffic impacts with the site development.The traffic calming measures must be submitted as part of the applicant's infrastructure submittal for review and formal City approval. Prior to receiving a Certificate of Occupancy, the installed traffic calming measures must be formally inspected and accepted by the City's Transportation and Engineering Division. 3. Prior to final site plan approval,the applicant must privatize and relocate the stop sign to a location in the access but outside of the public right of way at the North 51h Ave access. 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 approval of the Guthrie at 5th and Villard site plan. 2. BMC 38.380.060.The applicant and owner, if different,must record and provide to the City of Bozeman a Notice of Restrictions for the Affordable Housing Plan and a Declaration of Restrictive Covenants that implements the affordable housing plan prior to final site plan approval. 3. BMC 38.240.350.A subdivision exemption application is required to aggregate the underlying lot.The amended plat must be approved and recorded prior to final site plan approval. 4. BMC 38.410.130.Water Adequacy:The estimated annual municipal demand from the project is 11.43 acre-feet (AF).A credit volume of 01.71 acre-feet has been applied based on the historic metered demand from the properties reducing the development's demand to 9.72 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$58,320. Payment must be made prior to the final site plan approval. a. The City would like to make the owner aware of an available CILWR rebate of approximately 20%for residential units, released at occupancy if high-efficiency fixtures(toilets,washers,and shower heads)are installed.A rebate agreement template outlining the terms of the rebate offer has been uploaded. If the owner is interested, please update the agreement using track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email.The agreement should be finalized prior to final plan approval. 5. BMC 38.420.030.The applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 6. BMC 38.220.080.A.2.i.(4)—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 a City standard form for the following: a. Street improvements to 5th Avenue between Peach Street and Mendenhall including Street lighting, signalization, paving, curb/gutter,sidewalk,and storm drainage. b. Street improvements to Villard Street between 7th Avenue and North Willson Avenue including lighting, signalization, paving, curb/gutter,sidewalk,and storm drainage. c. Street improvements to Beall Street between 7th Avenue and North Willson Avenue including lighting, signalization, paving, curb/gutter,sidewalk,and storm drainage. Page 4 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 d. Intersection improvements at Villard Street and 71h Avenue including lighting,signalization, paving, curb/gutter, sidewalk,and storm drainage. e. Intersection improvements at Beall Street and 7th Avenue including lighting, signalization,paving, curb/gutter, sidewalk,and storm drainage. f. Intersection improvements at 5th Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage. g. Intersection improvements at 5th Avenue and Mendenhall Street including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage. The document filed shall 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 said 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 plan approval. 7. BMC 38.410.060.B.The applicant must provide a signed and executed utility easement for the relocated overhead electric line and for the front utility setback easement along 5th Avenue and Villard Street prior to final site plan approval. 8. BMC 38.400.020.A.The applicant must provide a signed and executed public street and utility easement that meets city standards providing additional 4 feet right-of-way along the west side of 51h Avenue prior to final site plan approval. 9. BMC 38.270.030.0 and D.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 38.270.030.0 complete construction of all off-site infrastructure first. 10. BMC 38.530.050. Prior to building permit issuance,the applicant must provide a sample of the glass proposed along the ground floor to confirm conformance with the color and materials palette. Page 5 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 1: Location of site in proximity to Midtown and Main Street AIL t �s R-ti } r Subject Property .T r ,�'ca11`,�„ ''�.•. ''- _ ,c sue, .Il' � , '.�.�. � - e + _ Midtown Urban Renewal District ' r boundary (orange) Main Street Page 6 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 51"and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 2: Current Zoning Map 1 * . it 4 W - e N \ILL%RD c I' t -MCA' www is 40 x� LegNld , N L 11►1 M E SI O Planning Project C4ty Limits .At F ,� I'0 Zoning Districts Alleys Q.r Roads ' -r A 1. Page 7 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 2: Community Plan Future Land Use df do optN VILLARD ST ! 1 x •) I T- } s A' N''BEAIL:ST p r 4 � r t.�.w •Nnwr hqM I:AMMF: ST ar t.w ryru.«e � a�1t E n.rrr ca. � �ss.r rru w *"-.o C— d S.r- Caw.M�C—w II�N sp— 4r YMY� I.r[MN�r Page 8 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15,2025 Figure 3: Proposed site plan - -- 77777777 u — aulu U' .4 STORY RLSIDLNTIAL 1'l- BUILDING? 1• � 3 ; I *VA. - 1. � - 1 • 1 f, f f 1--f7 f •1 k EXN"= D0.4T111G. z � - I BUILD{NiG• Page 9 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 4: Civil Site Plan WEST VILLARD STREET -`q. AT' •V"ir'IInN N.f' I ,� MdI .� FMA'(AgNr[P?Y -- � I 1 II � -tRy• «�N brtnaw_ __ y IliZeAsk �1 r ,rA;Az bill,ILA ` 1 :>• Ml 1.M Nu Mir.l •, 1 14 i WM °'} L T A, BLOCK 6 j r4.Vi1VNi:- 11 1 1 1 1 1 r 1 11 PMi1vC.,,.M-. _- • '� ..{ T E-3-B): ,;' ; I �--•of 36,752 SF I Z "SU•FM.t YWT M;t It••J - - aNry. _ Nx, •- 1 Ti ;�• srTlf.:OVCIS I; f I r '.14. sfn•NP MLL TC L 'JR R•J:'�.':A41J�� DEiIE':.SE�.Mil I I � �1 •�I �a i g� rd sic N J aS[ z+ofnc r4xF�� n .cb�gec*j�_ ' �OWrN'•RVk Ff yl� Fn.' '- 1 I I r Wy44:ANCtffi tiC�4MNn 1 Page 10 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 5: North Elevation facing Villard RECIIIY.ft—Y�6E "W,.Mf»,-- -- -- —fDf u1 TAT- _ T ,MIEJJ PMII®VN1E 1iWlF,iYP. R 9 _ afi �.. ➢ i n �ezv v 4 3 i,ri I I III_ — H aeor-tA, --Yur smme u�»_.. -woauwe ux,ness scw.c,e wam vnN.c.surer+ enaow�e inrwn sn»uw Figure 6: East Elevation facing North 5tn 13 El ZI n k e .1111.4 41 w�wnv»a�rN�w�M +w,weq»w,w»nmw. Page 11 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 7: West Elevation facing parking lot 1313 � ate=;.s ♦a a i a�3i c Figure 8: South Elevation facing parking lot yAy 3 •Omwx.Y.v r.16lw nuns-i S~ Page 12 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 9-11: Exterior Renderings rWR CC40R T1ICR GC1[T!T ACCEM __ d ' � DAFLIC BRIOCACCCM a WOOD ACCENT aEAR Glnss cxrRr SiATTED WOOD PRIVACY SY'.RECI6 CONCRT.TE SEATING WALL i TIL r� ERCEMENT 1 _11 TIDER CCI.CNT AOCEHT 13 M GM1K SAKI ACCENT .� WOOD ACCENT CLEM EiA4s ENTRY '• CONCWTC SEATING WALL '; - -11 EXTERIOR PERSPECTIVE R[NDERNGS DEPICT DESM INTEM OILY SEC ELEVATION I DETAIL SI j=MR ADDITIONAL DETAIL Page 13 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 REND DE-EA rmm CO.CNf + # TIAER CE.CNT ACCENT � l t F _ •� WOOD ACCENT CLEAR GLASS ENTRY SLATTED WOOD PRIVACY SCRCENS ti CONCRCTE SEATRIG WALL t Figure 12-14: Interior Renderings 1 � 1 LOBBY PERSPECTIVE Page 14 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 7 z � IA- u TYPICAL UNIT KITCHEN i I ' TYPICAL UNIT BATHROOM Page 15 of 38 ReportBOZEMAN MT Staff Community Development The Guthrie at 5th and Villard Site PlanlCCOAIDerno Application PhotosFigure 15-17: building n .r _ 1 Page • of i B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 T I Page 17 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Figure 18: Existing site aerial image ^y v T r a Page 18 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 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 38.100.040.0 Meets Code? Growth Policy Residential Mixed Use Yes Land Use Zoning R-5 Residential Mixed-Use High-Density 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-2.4: Social Equity: Provide solutions that are inclusive with consideration to populations that are most fragile and vulnerable to sudden impacts. This project proposes an affordable housing component in an infill development site with smaller apartment sizes that may be more suitable for individuals. This project proposes to offer roughly half of the apartments for rent at affordable prices(no greater than 80%of area median income). The smaller apartment sizes may be more suitable for individuals who are unable to afford market rate rental units. - 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 reactivation of the Midtown/North Th Corridor, into which the City has invested considerable resources. See additional information below about the historic and on-going efforts to revitalize this area of the City. - Goal N-1.1. Promote housing diversity, including missing middle housing. This project proposes a multi-household apartment building containing 46 affordable housing units and 45 market rate housing units. In total, there are 20 studio apartments, 58 one-bedroom apartments, and 13 two-bedroom apartments. There are some smaller scale apartment buildings nearby, along with commercial and single-dwelling residential existing development. This medium scale apartment building will provide diversity in the housing types available in this neighborhood. - Goal N-1.3: Revise the zoning map to lessen areas exclusively zoned for single-type housing. This property was zoned R-5 in 2015 by Ordinance 1942 to provide higher density buildings near the B-2M zone district to support the Bozeman Midtown Urban Renewal District. The R-5 zone provides for a variety of housing types and massing.As noted above, this project proposes a medium scale apartment building, which is allowed in the R-5 zone and provides an alternative housing type to those currently present in this area. - Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. The North Seventh/Midtown Urban Renewal District was created in 2006 under ordinance number 1862 to remedy conditions of blight found in the area through redevelopment. In 2015, the Midtown district was zoned B-2M and the subject property was zoned R-5. Since the creation of this urban renewal district, there has been a significant amount of redevelopment along North Th and within the B-2M zone district including commercial and mixed-use buildings that range from 2-4 stories tall with more active uses on the ground floor and residential uses above. Construction will continue to vary as development occurs and where early phases of multi-story buildings takes place, eventually projects of mid-rise or five Page 19 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 story buildings will emerge(pg. 13, Midtown Plan). The zoning of the site from R-3 to R-5 provided a public process and opportunity for awareness of the expected intensification of development on the site. - Goal N-1.12: Encourage major employers to provide employee housing within walking/biking distance of place of employment. These units can support workers at various midtown and downtown businesses, including nearby restaurants, retail and service establishments, schools, and local government. - Goal N-2.2: Revise the zoning map to support higher intensity residential districts near schools,services, and transportation. This project does not revise the zoning map, but as stated above, the subject property was previously rezoned to R-5 to encourage higher density development near the North 7m corridor and midtown area. The project is within walking distance of commercial corridors and amenities, including North 7fh and downtown which provide ample services. The property is located within 1000 feet of two Streamline Bus lines and less than 800 feet from a school. - Goal N-3.7: Support compact neighborhoods,small lot sizes, and small floor plans,especially through mechanisms such as density bonuses. The project proposes 91 units with a range of floor plans with an average unit size of 456 square feet, consisting of 20 studio apartments, 58 one-bedroom apartments, and 13 two-bedroom apartments - 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 affordable housing in a location adjacent to the B-2M zone district with ample commercial activity, that is within one-half a mile of three parks and within 1,000 feet of two Streamline bus lines. - Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners,services, and parks.As stated above, the subject property is within close 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 underused infill site with a functionally obsolete building adjacent to the B-2M 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 North Th which is a main commercial corridor with many businesses that support higher density development nearby. - DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another.As stated above, the subject property is within 1,000 feet of two Streamline bus lines and the development proposes to provide greater housing density than that which currently exists on the site.As noted above, the site was rezoned years ago to support additional development, including apartment development. - 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 walkable as it is in proximity to a variety of amenities and close to two bus stops with active routes. - DCD-4.4: Differentiate between development and redevelopment.Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. The property is zoned R-5 which is a residential mixed-use high-density district to provide for high density residential development. This property was zoned to encourage higher density redevelopment due to its proximity to a commercial corridor. The project does not request any relaxations of code. - M-1.12: Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere. This project utilizes incentives through the affordable housing ordinance to eliminate parking minimum requirements. However, the project proposes to offer 36 total parking spaces. The subject property is categorized as Residential Mixed-Use on the Future Land Use Map of the Growth Policy.This designation is described in the Bozeman Community Plan 2020 as follows: This category promotes neighborhoods substantially dominated by housing yet integrated with small-scale commercial and civic uses.The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor.Variation in building mass, height,and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses,such as retail, office, and civic uses, are permitted on the ground floor.All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures.Stand alone, large, non-residential uses are discouraged. Non- Page 20 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 residential spaces should provide an interesting pedestrian experience with quality urban design for buildings,sites, and open spaces.This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected.Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready access within and adjacent development. As noted above in the analysis for the various goals articulated in the Bozeman Community Plan 2020, this application conforms to its designation in a Residential Mixed-Use area on the Future Land Use Map of the Growth Policy. It proposes a multi-unit, high density apartment building with a mix of affordable housing units and market rate units. The height and mass of the building, combined with design techniques such as facade modulation, articulation and variations in material and color, as well as pedestrian-oriented features on the ground floor contribute to a complete and interesting streetscape. It is expected that Midtown will continue to develop with high density residential uses and urban development, as envisioned in the Community Plan. The proposal is an infill project that is well-integrated into existing infrastructure, including multimodal transportation options because it is supported by nearby Streamline bus service and is within walking distance of many commercial services and social amenities, including a school, church, and the fairgrounds. The project has access to nearby open spaces, such as Westlake Park, Beall Park, and Centennial Park. The subject property is zoned R-5, Residential Mixed-Use High-Density District which is an implementing district for the Residential Mixed-Use future land use designation. Per 38.300.100, "The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents.These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2.Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents near jobs and services." Apartments are an allowed use in the R-5 zone district. The proposed project supports the R-5 residential mixed-use high- density district because it is a high-density residential development located in a walkable area adjacent to a variety of services and jobs within the Midtown Urban Renewal District. The project is consistent with City Commission land use and policy decisions regarding the development of the area and the growth policy. The Midtown Urban Renewal District was created in 2006 under ordinance number 1862 as the North Seventh Urban Renewal District to remedy the conditions of blight found in the area through redevelopment. In 2015, it was expanded under ordinance number 1925 for purposes of furthering its efforts to revitalize the commercial area and surrounding neighborhoods and named the Midtown Urban Renewal District. Shortly thereafter, the B-2M zone district and R-5 zone district were created by Ordinance 1942 to provide higher density buildings built near the street, to encourage ground floor commercial uses, and to reduce parking minimums. The Bozeman Midtown Urban Renewal District Plan was adopted in 2015 with a deliberate emphasis on focused redevelopment through methods such as increased building density, the construction of urban and dense housing projects, improved multimodal transportation, and promoted a pedestrian oriented environment.As noted above, the growth policy supports infill and redevelopment consistent with adopted standards. The Midtown Action Plan was adopted in 2017 to implement the Urban Renewal District Plan. Since the creation of this urban renewal district, there has been a significant amount of redevelopment along North Th and within the B-2M zone district including commercial and mixed-use buildings that range from 2-4 stories tall with more active uses on the ground floor and residential uses above. This is also consistent with the adopted future land use designations and growth policy goals and objectives. "Construction will continue to vary as development occurs and where early phases of multi-story buildings is currently taking place, eventually projects of mid-rise or five story buildings will emerge"(pg. 13, Midtown Plan). In the B-214 zone district(which directly abuts the subject property along its western edge), buildings designed for non-residential or mixed use can build up to five stories or 60 feet, whichever is less,provided the top floor of the building has a step back of 30 feet. Page 21 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 For buildings designed for solely residential use, the allowed height is four stories or 50 feet, whichever is less. The R-5 district allows for a building height of 50-60 feet depending on roof pitch. The adjacency of this property to commercial services and various employers accommodates more dense residential dwelling units in a geographically compact,mixed-use area that is in accordance with the R-5 zone district and Urban Renewal Plan. It also contributes to the mixture of housing types available in this area because it provides medium scale multi-household housing in addition to the already existing smaller scale apartment buildings and single household detached dwellings. 2.Conformance with Article 1 —All other applicable laws,ordinances,and regulations (38.100.080) Condominium ownership NA Comments:The project proposes rental uses.Any change to allow 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 None NA Violations Comments:There are no current violations on the subject property. 4. Conformance with Article 2—Submittal material(38.220)requirements and plan review for Meets Code? applicable permit types(38.230) Site Plan&Certificate of Appropriateness COA Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No.ofphases: 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 analysis below for how the required standard 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 Apartments Yes Form and intensity standards 38.320 Zoning: Setbacks Structures Parking I Loading Yes R-5 feet Front 15' Block frontage: Landscaped and Special Residential, see Section 7a Rear 20' 5' Side 5' 5' Alley 5' NA Comments:Apartments are a permitted use in the R-5 zone district.The proposed building meets setback requirements and has two front setbacks since it is located on a corner lot. The building is set back 19 feet from West Villard Street and 15 feet from North 5thAvenue. Block frontage standards also apply and dictate setback standards for parking and ground floor residential. See section 7a for further analysis. Lot coverage 33% Allowed: No maximum Yes Page 22 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Building height 47 feet Allowed: 50 feet Yes Comments:The R-5 zone district does not have a maximum lot coverage limit.The building has a roof pitch of less than 3:12 which allows up to a 50-foot-tall building. The building proposed complies with the height standard because it is 47 feet. No affordable housing incentive is being requested to allow for additional height. Zone edge transitions I NA Comments: No zone edge transition is required because this property is adjacent to R-3 and B-2M zoning districts. Zone edge transitions only apply for R-5 districts that are adjacent to an RS, R-1, or R-2 zone district.Zone edge transitions do not apply when there is an alley or street. Here,Villard and 5th Streets separate this site from other nearby zoning districts. Applicable zone specific or overlay standards 38.330 and .340 1 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.There is an elevator penthouse and mechanical equipment that extends 5 feet above the roof line which is in compliance with standards. Awnings are allowed to encroach five feet into the front setback and patios are allowed to encroach five feet into the front setback, provided features do not extend above the height of the ground level of the structure. The building proposes awnings and patios that encroach five feet into the front setback, in compliance with standards. Applicable supplemental use criteria 38.360 NA Supplemental NA NA uses/type Comments:There are no supplemental uses or types proposed. Wireless facilities 38.370 NA Affordable Housing 38.380.010 Yes Affordable housing plan Yes,with code requirement Comments:The project proposes 46 affordable housing units that are priced for rent at no greater than 80%of the Area Median Income. 10 units are studios,29 are one-bedroom,and 7 are two-bedroom units.The affordable units are distributed throughout the building. On the first level,there are 3 studio units and 5 one-bedroom units.The second level contains 2 studios, 8 one-bedroom units,and 3 two-bedroom units.The third level contains 3 studios, 8 one-bedroom units, and 2 two- bedroom units.The fourth level contains 2 studio units, 8 one-bedroom units, and 2 two-bedroom units.The affordable units range from 367 square feet to 735 square feet. There are 45 market rate units which include 10 studios,29 one-bedroom units, and 6 two-bedroom units.The market rate units range from 367 square feet to 735 square feet. The affordable housing units cannot be rented as short-term rentals meaning they cannot be rented for less than 28 days at a time per Ordinance 2149. Per 38.380.030,the developer may apply incentives to a building that provides 50%or more of the gross floor area as affordable housing. The section 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 developer. The project applies three incentives: 1. 3.d—No minimum on-site vehicle parking but bicycle parking still applies: The project proposes 36 parking spaces which is more than what is required and 97 bicycle parking spaces which meets the standards for amount required. 2. 3.f(2)—Exemption from Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side or a principal building and street: Special residential block frontage standards are exempt which are required when there is residences on the ground floor. Parking is provided on a parking lot along Page 23 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 North 5h. When a building faces two streets, the parking lot can front onto one street when the primary frontage is identified which is this case is Villard. 3. 3.f(5)—Exempt from 38.530.050 building detail standards. This project seeks to be exempt from including trim around windows or other design elements along the south fagade of the 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. Prior to final site plan approval,the applicant must record a Declaration of Restrictive Covenants, acceptable to the City Attorney,that implements the affordable housing plan and the affordable housing Ian must be recorded with the Gallatin County Clerk and Recorder. 6a.Conformance with Article 4-Community Design Provisions:Transportation Facilities and Meets Code? Access (38.400) Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes,with code requirement Access easements Yes Level of Yes Transportation grid adequate to serve site Yes,with Service condition 38.400.060 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. In addition to the standard requirements,the Engineering Division requested the applicant identify any local street impacts,which required an update to the original TIS. BMC 38.400.060.4 states"Intersections must have a minimum acceptable LOS of"C"for the intersection as a whole."The only location where the overall intersection LOS does not meet the requirements of this section of the BMC is the intersection of N Th Avenue and Peach Street. However,the Montana Department of Transportation(MDT)is currently in design for improvements to the North 7th Avenue and Peach Street/Durston Road intersection to address the LOS deficiency.The project is scheduled for construction in 2025. Based on MDT's imminent plans to address it,the North 7th Avenue and Peach Street/Durston Road intersection was excluded from the TIS per BMC 38.400.060.B.4.b.(2). The TIS demonstrated that every other intersection as a whole would remain at or better than LOS"C,"and therefore the requirement of the BMC is met. Of note,the TIS stated that drivers on certain local streets, including West Villard and West Beal, could expect slightly increased delays where those local streets intersect with North 7m Avenue. Although these specific approaches to the intersections were determined to operate at a LOS"D,"the intersections as a whole maintain their LOS"C"rating.Again,these intersections therefore meet the requirement of the BMC which is that the intersection as a whole operate at LOS"C"or better. Although the current code does not require an evaluation of traffic on local streets, except where they intersect with collector streets,the City has proposed changes to the BMC (via the UDC project currently underway)that would require data regarding local street traffic volumes and require traffic calming infrastructure in instances where traffic volumes on local streets exceeds 1,000 trips per day. Given the contemplated change to the code and in response to many concerns about the traffic volume on local streets raised in public comment,the Engineering Division requested that the applicant provide additional data on traffic generation on the local streets.The proposed 91-unit project is estimated to generate a total of 360 daily motor vehicle trips on an average weekday.The total future(2038)traffic volume of 1130 daily trips on the section of Villard between N 5th Ave and N 7th Ave are a combination of 755 existing daily trips, plus approximately 100 daily trips from the proposed project,with the remaining increase coming from what is referred to as background growth.The amended TIS anticipated 1,080 trips per day on Villard Street between North 7th Avenue and North 5th Avenue after development of this project. Based on this estimated future volume on Villard Street,data provided regarding the impact of the development to local streets and the public comment concerning traffic congestion,the Engineering Division required the applicant to include traffic calming measures to mitigate Page 24 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 the impact of increased traffic at the intersection of West 5th Avenue and Villard Street,which is included as condition of approval 2.To satisfy the condition of approval,the applicant proposes to install a traffic circle at North 5th Avenue and West Villard Street.The Engineering Division reviewed the traffic calming proposal and found it acceptable to mitigate the anticipated impacts of the development,with the condition that the final characteristics of the traffic calming measures must include specific consideration for emergency vehicle and school bus travel.These characteristics must be considered and finalized through the infrastructure design and review process. In response to public comments regarding individual lane deficiencies at the intersections of North 7th Avenue and West Beall Street, as well as North 7th Avenue and West Villard Street,an updated signal warrant analysis was conducted for these specific locations.The analysis determined that neither intersection met the criteria for signalization.These intersections fall under shared jurisdiction with the Montana Department of Transportation (MDT),which does not permit signalization in these areas. Based on the results of the additional signal warrant analysis and feedback from MDT,staff has concluded that no mitigation is required at these locations. Furthermore,while turn restriction measures were considered by staff,they are not recommended due to high traffic demand for through and left-turn movements, as well as poor compliance with similar restrictions in the past. Sidewalks 38.400.080 Yes Comments:The site will include new 5-foot-wide detached sidewalks. Street trees are provided in the boulevard space between the street and sidewalk and landscaping is provided between the building and sidewalk. Drive access 38.400.090 Access to site: 1 Yes,with condition of approval Fire lanes, curbs,si na a and striping Yes Comments:Access is from North 5th Avenue into the parking lot. Fire lanes,curbing,striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. The applicant's TIS has recommended a stop sign be placed at the access from North 5th Avenue.The Engineering Division completed a review of this recommendation and concluded that yields at private access approaches are codified in BMC rules of the road section 36.03.070 and are not necessary.The division required that the stop sign be privatized and moved to an onsite location outside of the public right of way. See condition of approval#4. 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 Comments: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 Meets Code? Elements(38.410) 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. 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 Page 25 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Cash-In-Lieu 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 serve the proposed development. Additional right of way is needed to allow placement of the new sidewalk in the correct location and provide space for required street trees along North 5th Avenue consistent with the proposed site plan. An easement to grant an additional four feet to extend the platted right of way is required to make way for the boulevard design along the building frontage on North 5th Avenue.The public street easement granting this right-of-way is required to be approved prior to final site plan approval. A Site,Water, Sewer,and Storm Water Engineering Report was prepared by Stahly Engineering.Site improvements include new water and sewer services,storm drainage mitigation,franchise utilities, and an overhead power reroute.The project will have an on-site subsurface retention system beneath the parking lot that captures and retains site and building stormwater runoff.The Engineering Division found the report meets Design Standards. The project's estimated annual municipal demand from the project is 11.43 acre-feet.A credit volume of 01.71 acre-feet has been applied based on the historic metered demand from the properties reducing the development's demand to 9.72 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$58,320. Payment must be made prior to the final site plan approval (see Code Provision 4).The City would like to make the owner aware of an available CILWR rebate of approximately 20%for residential units, released at occupancy if high-efficiency fixtures(toilets,washers,and shower heads)are installed.A rebate agreement template outlining the terms of the rebate offer has been uploaded. If the owner is interested, please update the agreement using track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email.The agreement should be finalized prior to final plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Division 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:A Geotech Report was provided by TD&H Engineering and found that the surface and subsurface conditions can accommodate the building and site improvements.A Site,Water, Sewer, and Storm Water Engineering Report was prepared by Stahly Engineering. The project will have an on-site subsurface retention system beneath the parking lot that captures and retains site and building stormwater runoff. The Engineering Division found the report meets Design Standards. 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 Meets Code? Requirements (38.420) Parkland requirements 38.420.020.A t$01 30 acres Yes Cash donation in lieu (CIL)38.420.03034,630.20 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 cash donation in lieu CIL of parkland for the project.The Parks Department finds it is appropriate to accept CIL. Final Page 26 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 payment of CIL is required prior to final site plan approval (see Code Provision 5). Commission Resolution 4784 established criteria for evaluation of cash-in-lieu of parkland. Staff finds that the project meets the criteria to grant CIL for parkland as the subject property is located within half a mile from Westlake Park, Beall Park, and Centennial Park and that those parks have the levels of service and facilities to adequately serve the property. 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 Villard: Mixed/Landscape Yes,special North 51h: Landscape residential Special Residential exempt from requirements per affordable housing incentives Departure criteria None NA Comments:West Villard Street 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 landscape block frontage. North 5th Avenue is designated as landscape block frontage. Ground floor land use: Residential units and residential supported uses such as the lobby are permitted uses. Building placement:The building is set back 19 feet from West Villard Street and 15 feet from North 5th Avenue.When the zone district has more restrictive form and intensity standards,the zone district setback applies.The R-5 minimum front setback is 15 feet. Fapade transparency: Residential uses along the ground floor require 15%transparency along the entire fagade.This standard is met along both streets. Weather protection:There is weather protection that is at least 3 feet deep over the residential entries and primary building entrance and meets code requirements. Parking location:The parking lot is along North 5th Avenue.When a building faces two streets and meets the primary frontage, parking location standards are not required to meet building-to-parking location percentage frontage standards for subsequent building frontages.The primary frontage identified is West Villard Street. Landscaping:The area between the street and the building includes landscaping, private porches,and pedestrian oriented space. Low level landscaping is provided along the residential units that are located on the ground floor. Sidewalk width:The sidewalks along the streets are 5 feet wide. Section 38.510.030.J, Special Residential Block Frontage standards are exempt due to affordable housing incentives. 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 Yes landscaping,etc.)so that activities are integrated with the organizational scheme of the community, Page 27 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 neighborhood, and other approved development and produce an efficient,functionally organized and cohesive development Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots Yes and streets,including, but not limited to paving patterns, pathway design, landscaping, and lighting 38.520.040 Comments:The subject property is designed to incorporate circulation and amenities for pedestrians. It is connected to sidewalks along West Villard Street and North 51h Avenue.Ground level features are integrated into the development for pedestrians.There are no balconies proposed on the upper floors. 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 west and south property line. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within Yes the site and between properties and activities within the general community 38.520.050 Internal roadway design 38.520.050.D NA Comments:Vehicular access to the property is via North 5th Avenue. Site access was reviewed by staff and determined to be in compliance with the applicable code provisions.See section 7d below for parking lot requirements. On-site open s ace 38.520.060 Yes Total required 9750 square feet(100 sf for studio and one-bedroom, 150 sf for Yes two-bedroom Total provided 9798 square feet Yes Comments: Open space is provided through common outdoor space, interior amenities,and private patios.There are three common outdoor areas, one located on the corner of West Villard Street and 51h,one along the west side of the property, and one on the southeast side of the building. It equates to 5373 square feet.All shared open space is centrally located and averages 15 feet in width.These areas include landscaping,seating, lighting,grill space,and other pedestrian amenities. Private patio spaces are located on the ground level, each 100 square feet and equate to 1,641 square feet.All patios have a dimension no less than six feet.All multi-household development with ground level private spaces require some sort of separation between the private/public space.The patios on the north and east side are enclosed by hedges that are at least 32 inches tall.The patios on the west side are enclosed using a decorative fence that is at least 32 inches tall. Interior amenities on level one includes an exercise room and lounge/lobby area.All areas provide seating and other features to be used by residents. Level three includes a lounge area that is central to the residents. Interior amenities equate to 2785 square feet. Level two and four include laundry amenities,which do not count towards open s ace. 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 screening that is viewable from the sidewalk is wrapped in vinyl wrapping so that it blends into the building's material. 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 Yes neighborhoods and other approved development 38.530.030 Building massing and articulation 38.530.040 Yes Building details,materials,and blank wall treatments 38.530.050-070 Yes,exemption from building detail requirements per affordable housing incentives Page 28 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Comments:The project only utilizes the deep incentives available through division 38.380 to be exempt from building detail standards as outlined in 38.530.050.The windows on the south fagade along the side property line do not incorporate trim or other design treatment around the windows. Fagade articulation for residential buildings must include three features every 30 feet.The project uses windows, entries, change in materials,and patio fencing to articulate the building. For blank wall treatments,any wall that has a horizontal length greater than 15 feet and a height of over 10 feet must include a window,door, or some sort of other blank wall treatment.The east, north, or south elevations do not have any area that exceeds these dimensions.The west elevation where there isn't a window or door incorporates landscaping along the ground level and then material paneling on the upper levels to mitigate for blank walls.The proposed development uses concrete,fiber cement,wood, and brick which are building materials that meet standards. The proposed development is an infill residential development that is compatible with and contributes to the new developing urban form that is part of North 7th Avenue and the Midtown Urban Renewal District.This taller form has been emerging over the past few years as a dynamic, mixed use,and urban area that assists in revitalization of the Midtown Urban Renewal District. It also supports a mix of different housing types that promote a walkable neighborhood. 7d.Conformance with Article 5—Parking (38.540) Meets Code? Parking requirements 38.540.050 Exempt per affordable housing incentives Yes Parking requirements residential 38.540.050.A.1 Exempt per affordable housing incentives Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential NA 38.540.050.A.2 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 28 Provided on-street 8 Bicycle parking requirements 38.540.050.A.4 11 Yes Provided bicycle parking 97 Yes Comments: Per the deep incentives for affordable housing,there is no minimum on-site parking requirement.The project proposes 36 vehicle parking spaces that meet stall,aisle, and driveway design requirements.There are 7 compact parking spaces provided on the site,which meets the compact parking standard that a maximum of 25%of the provided parking spaces,or 9 spaces, may be compact only parking spots.There are five parking spaces along West Villard and three along North 5th Avenue.The project provides a dedicated on street parking space for loading and package delivery along North 51h Avenue,which is not required by code. Bicycle parking standards apply and are not exempt with the affordable housing incentives.The number of bicycle parking spaces required is equivalent to ten percent of the number of required parking stalls. If this project were not using the affordable housing incentives, 104 parking spaces would be required. Using that number as a basis, 10% equals 11 required bicycle spaces.The project exceeds this standard by providing 97 bicycle spaces including 61 indoor and 36 outdoor bicycle parking spaces. 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 Yes Additional screening NA Page 29 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 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. There is a 10-foot landscape setback from Villard Street and North 5th Avenue that incorporates landscaping and hardsca e. 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 sin permit is required prior to any si na a installation.. 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 lighting meets standards. 8.Conformance with Article 6—Natural Resource Protection Meets Code? Flood lain 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 comment period ran from December 6 to December 31, 2024. 116 public comments were received during that period.Three public comments were received outside of the public comment period. Some of the public comments received were from the same individual. The comments are summarized by topic with staff response below: - City Commission reclaim: Some comments requested the City Commission to reclaim the application to be reviewed by them rather than the Director of Community Development since the City Commission reclaimed a previous application affiliated with this site and ultimately denied it. Per 38.200.010.B.2,the City Commission may by simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director.The vote must occur prior to the action of the community development director. The City Commission did not reclaim decision making authority over this application. - Affordable housing and use of deep incentives: Some comments centered around the fact that the units are not sufficiently affordable and that the incentives shouldn't be used until a new Affordable Housing Ordinance is adopted. Although a revised Affordable Housing Ordinance is currently under review, it is not applicable to this application because vesting to standards occurs at the time an application is deemed adequate(12/4/24 in the case of this application). The applicable affordable housing policy,which was adopted by the City Commission through Ordinance 2105 on October 22, 2022 is codified at division 38.380 of the Bozeman Municipal Code.The existing AHO includes the use of incentives to advance the city's interest in assuring that additional affordable housing is built in the city(Legislative Findings number 9, page 3).These incentives are offered to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the Bozeman Community Plan 2020,the Page 30 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Community Needs Assessment(2019), and Community Housing Action Plan (2020). Per 38.380.030.6, if the developer meets the standards from table 38.380.020-1 in the same geographically contiguous development as market rate homes, the developer may apply for deep incentives in which 50 percent or more of the units must be affordable. For multi- household dwellings,the price of rental dwellings must not exceed 80%of AMI with a restrictive covenant to maintain their affordable housing status for 30 years. 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 developer." Please see section 5 above as well as the attached Affordable Housing Administrator's determination for analysis and information regarding how the proposed Affordable Housing Plan meets the requirements of Division 38.380, BMC. - Lack of parking: Some comments expressed concern that the amount of parking provided is not adequate for the number of units. Pursuant to the affordable housing ordinance adopted by the City Commission setting forth the various incentives available in exchange for the development of affordable housing, no minimum on-site parking is required as outlined in 38.380.030.B. The location of this infill project,with its walkable access to downtown and midtown district amenities,as well as its proximity to public transit make it possible for residents to utilize transportation alternatives to cars, potentially decreasing the need for parking. As discussed in section 1,the Growth Policy supports decreasing parking requirements. Even though no parking is required,the development proposes to include 36 parking spaces with 28 on site and 8 on street.The project also proposes to include abundant bicycle parking in excess of the minimum, further encouraging multi-modal transportation alternatives to automobiles. - Impacts on neighborhood: Some comments asserted that the proposed development will have negative impacts to the surrounding neighborhood due to the lack of parking, increased traffic, and strain on emergency services.The traffic impact study(TIS)received was reviewed by the City's Transportation Engineer and found to meet standards. In response to the City's anticipated code amendments regarding traffic congestion on local streets,data supplied by the amended TIS that 1,130 daily trips on local streets are anticipated at the future year(2038), as well as public comment concerning traffic,the City requires traffic calming infrastructure as a condition of approval. The applicant proposes to incorporate a traffic circle as a traffic calming measure at 51h and Villard.The Engineering Division has found this to be satisfactory and will require additional design information with infrastructure review to ensure it meets standards. Additionally,the developer will pay Transportation Impact Fees and Fire Impact Fees to further mitigate impacts of this development. - Pedestrian circulation and safety: Some comments reflected concern that,due to the subject property's location near Whittier Elementary School and in a place that is experiencing a lot of construction, it poses safety issues for school children and people walking in the neighborhood.The project conforms to site design standards related to pedestrian circulation.The site is connected to existing pedestrian infrastructure and the existing sidewalks will be improved to meet width standards and engineering standards.See comments above and in section 6.a.of this report regarding analysis of the traffic anticipated on local streets. - Mass and scale: Some comments indicated that the building's mass, scale and height is not appropriate for the neighborhood.The design meets standards that are outlined in Article 3, Form and Intensity standards,for the R-5 district.The proposed height of the building complies with standards and is allowable at 4 stories(47 feet).The R-5 zone district permits buildings to be 50 feet tall.There is no deep incentive requested to add additional height to the building. The project is in conformance to the site plan criteria and standards. It is setback 15 feet from the property line and proposes landscaping and pedestrian open space to buffer between the building,sidewalk,and street.The building conforms to Article 5, Project Design of the code and the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District that provide design direction and guidelines for the building and site. See also staff analysis in sections 1,7.c and 11 of this report for additional information. - Neighborhood Conservation Overlay District and Certificate of Appropriateness standards: Some comments argued that the development does not fit within the neighborhood and destroys the character of the residential neighborhood that is adjacent to it.The project is in conformance to the NCOD and COA standards. The project site is not within a historic district and per BMC 38.340.050.D, "when applying the standards of subsections A through C of this section,the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference.Application of the design guidelines may vary by property as explained in the introduction to the design guidelines.When reviewing a contemporary, non-period,or innovative design of new Page 31 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 structures or additions to existing structures,the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures."While items found in the Bozeman Municipal Code are required standards,the NCOD design guidelines are not compulsory.Staff finds that the proposed design meets required code standards.See section 11 below for full analysis. - Early termination of the two-year stay: Some comments asserted that BMC section 38.340.090.D.3.imposes a two year stay on the issuance of a demolition permit due to a previously denied demolition application (Application 23354). The applicant is permitted to request early termination of the two-year stay. Per 38.340.090.D.3,"the two-year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of[section 38.340.090]." The present application constitutes an alternative proposal that, if approved,terminates the two-year stay. Staff finds that the applicant has provided sufficient additional evidence to satisfy the requirements to obtain a COA and demolition permit and that the present application should be approved. See section 11 below for full analysis. - Demolition of a historic structure: Some comments expressed concern that the existing structure is historic and that it should be preserved because of its importance to the community. The building is classified as a historic property as defined in article 7 of chapter 38, 7 because it is a contributing structure to a potential historic district, but it is not individually listed as a National Register Landmark. Comment also argued that page 10 of the NCOD Design Guidelines states that if a building has been determined to be historically significant,final authority shall rest with the City Commission.The NCOD Design Guidelines were created in 2006 and have not been updated to reflect all the changes that have occurred in the Bozeman Municipal Code.The NCOD Design Guidelines are not compulsory and,when in conflict with the required standards in the BMC,the code controls. Demolition of a historic building is reviewed administratively as outlined in 38.340.090.D and 38.200.020.The application meets the standards for demolition as outlined in 38.340.090. See section 11 below for complete analysis regarding CCOA criteria and historic preservation issues. - Removal of existing vegetation and trees: Some comments expressed dismay over removing existing mature trees and other vegetation on the site.Although it is encouraged that existing trees and vegetation are preserved and maintained where feasible,there is no standard that requires it.The application meets the standards for landscaping as outlined in 38.550. - Support of the project: Some comments spoke about the need for affordable housing and that the cost of living makes it hard to live in Bozeman.There also is support for a project of this scale and number of units in this location since it is a walkable area that is close to downtown. - Inadequate public notice period: Some comments argued that the public notice period (December 6-December 31) was not appropriate because it was over the holidays and would be difficult for the public to review during a busy time. The public notice period meets noticing requirements outlined in 38.220.040. All public comment received is viewable here: https://weblink.bozeman.net/WebLink/Browse.aspx?id=295139&dbid=0&repo=BOZEMAN&cr=1 10. Division of Land Pertaining to Subdivisions(38.240-Part 4) Meets Code? Subdivision exemptions Yes,with code requirement Required easements Yes,with 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 Page 32 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Comments: Based on the location of the project being in the Neighborhood Conservation Overlay District(NCOD), it is subject to review under Section 38.340 of the Unified Development Code. Per 38.340.010, it is 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.The NCOD was created in 1991 to recognize the historic core of the Bozeman community that makes up most of Bozeman's designated historic districts and many individual National Register landmarks.This boundary was chosen based on the 1954 census of Bozeman city limits in which a comprehensive architectural inventory of more than 3,000 properties were surveyed. This application proposes to demolish a historic structure (per definition in 38.700.090)and replace it with a four-story multi- unit building.The existing structure is not individually eligible for listing on the State or National Register of Historic Places or part of any existing historic district, but it is eligible as a contributing building to a potential historic district. Per 38.340.010.C, "New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria,as an acknowledged fact of the continuing developmental pattern of a dynamic,changing community." The applicant submitted two economic analyses regarding the feasibility of rehab and reuse of the existing structure,which found that it could not be rehabbed in a way to make it economically viable. Section 38.340.090.0 addresses demolition of a historic structure and the analysis is outlined below. This project adheres to section 38.340.040 and complies with application requirements.The Development Review Committee and administrative design review staff reviewed the project and finds that the application complies with the certificate of appropriateness standards. The project adheres to Section 38.340.050, Standards for Certificate of Appropriateness. Section 38.340.050.A does not apply because the Secretary of the Interior's Standards does not speak to new construction and because the property is not located within a historic district nor is the structure on the National Register. Nor does subsection B apply since those guidelines are used to consider compatibility with proposed alterations of the original design features.Subsection C states that contemporary, non-period and innovative design of new structures and additions to existing structures is encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures.The structure is considered contributing to a potential historic district, although no application to designate a historic district in this area has been made.As such,the application proposes a contemporary design of a new structure by incorporating materials such as brick and wood to reflect the materials that are used in the surrounding neighborhood while also designing the building in a contemporary manner.The building is set back from the street in a manner that both meets the R-5 zone district and matches building setbacks in the adjacent residential neighborhood. Section 38.340.050.D states that the review authority must be guided by the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District.The guidelines were created to provide guidance on how to apply design review to different properties.Those structures that have National Register historic significance or are located within a National Historic District have stricter guidelines.A property that isn't individually listed or is outside of a Nationally Registered Historic District is subject to more general guidelines. The purpose of the NCOD Design Guidelines is to apply design guidelines to all properties within the NCOD as it relates to rehabilitation for historic properties, guidelines for residential character areas, commercial character areas,and district specific guidelines. Beside the addition of Chapter 4-B, Guidelines for the B-3 Commercial Character Area,which are not applicable to this project,these guidelines have not been updated since 2006. Within the Guidelines,there is very little guidance on how to manage higher density and mixed-use development outside of the Main StreetlB-3 area.The prevailing requirements regarding the design of the building and the compatibility to the surrounding neighborhood comes from BMC section 38.340.050 along with zone district form and intensity standards(38.320)for the R-5 zone district and Article 5, Project Design. The full analysis on how the project meets zone district and article 5 standards can be found in sections 5 and section 7 above. Page 33 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 While the existing structure reflects more of the existing residential neighborhood Postwar phase of Bozeman's development, the rezoning of the property to R-5 in 2016 was intended to support the Midtown Urban Renewal District which was created with a deliberate emphasis on focused redevelopment through methods such as increased building density,the construction of urban and dense housing projects,improved multimodal transportation,and promoted an increased pedestrian environment. The design of this building incorporates components of the Midtown Urban Renewal District such as exposed concrete, transparency,and increased density since the future development of the Midtown Urban Renewal District is expected to be 4-5 stories,while also utilizing brick and wood to reflect the materials that are used in the surrounding neighborhood. BMC section 38.340.050.D states that the review authority must be guided by the NCOD Design Guidelines.The following chapters were used when reviewing this project: Chapter 2, Design Guidelines for All Properties A. Topography: Site work should be planned to protect the assets of the existing topography. The project maintains the existing topography of the site. B. Street Patterns: Site a new building such that it is arranged on its site in a way similar to the historic buildings in the area. The building is setback 15'from the property line like adjacent and nearby properties in the R-3 district. Open space and a prominent front porch are located along street frontages similar to nearby properties. C. Alleys:Alleys contribute into the character of the district and should be maintained. There is no alley adjacent this property. D. Streetscape: Maintain the traditional character of the streetscape. Currently, there is an attached sidewalk with no street trees. The project proposes to construct a detached sidewalk with a landscape buffer that is more consistent and traditional to the area. E. Landscape Design: Preserve and maintain trees and significant vegetation.All vegetation and trees will be removed but will be replaced with landscaping along the building and site perimeter. It appears that the landscaping that currently exists on the site does not have any additional historic significance to the site. Replacement vegetation meets standards outlined in the UDC. F. Building Form:A similarity of building forms should be used as those seen traditionally. Simple rectangular solids are appropriate as are flat roofs in commercial and transitions areas. The building is rectangular with a flat roof which is consistent with portions of the existing building's roofline on the site as well as similar to adjacent buildings in the neighborhood and the Midtown Urban Renewal District. The proposed building is located in a transition area between the commercial corridor of North Th Avenue and the nearby residential development. G. Solid-to-Void Ratio: Use a ratio of solid-to-void (wall-to-window)that is similar to the area. The ground floor along the North elevation that faces Villard incorporates glass and transparency that is similar to buildings within Midtown. The rest of the building incorporates traditional window and door openings that are seen throughout the neighborhood. H. Materials: Use building materials similar to those in the area. The building uses a mix of materials to complement with the neighboring properties including wood and brick that is depicted in the residential neighborhood and concrete, brick, and fiber cement which is commonly used in buildings along North Th. I. Architectural Character: New construction should distinguish itself from historic structures. The building reflects that of new construction as it uses contemporary materials and an architectural style that doesn't convey a false sense of historic period. J. Parking: Minimize the visual impact of surface parking. The parking lot is set behind the building to minimize the visual impact. There is a landscape buffer along 51h Avenue where it does abut a public sidewalk. K. Buffers: Storage and equipment areas should be mitigated with landscaping that may buffer or screen it. Landscape buffer is provided where parking fronts onto 5thAvenue. Service areas and utility equipment are either screened or wrapped to minimize visual impacts. L. Site Lighting: Lighting shall be shielded to prevent any off-site glare and standards should follow the UDC. The lighting proposed meets the standards outlined in the UDC. M. Utility and Service Areas: Service areas should be screened and away from major streets. Waste disposal is located internal to the building. Utility equipment is located internally to the site and concealed with an artistic wrap. Page 34 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Chapter 3, Design Guidelines for Residential Character Areas. A. Hierarchy of Public and Private Space:The hierarchy of public and private space should be maintained. The front yard maintains a similar 15-foot setback and incorporates landscaping, a walkway, and a front porch that highlights the primary entrance. B. Building Mass and Scale: New buildings should maintain an established scale as seen throughout the neighborhood. While new buildings and additions are anticipated to be larger,the new construction should not be so dramatically greater than the established context. The location of this property is in an area that has a variety of uses and scales of building including single-household residences to the north, a church to the east that exceeds one story in height, a two story multi-household building to the south, and a single-story motel to the west. The existing building is roughly 35,000 square feet and two stories tall, which is larger than many of the adjacent buildings. Considering its location adjacent to a commercial corridor and its R-5 zone district status, it is expected that any new building proposed will be larger. While the proposed building will be four stories tall, the footprint is 13,750 square feet and has less linear street frontage than the existing building to minimize the overall scale and mass of the building. C. Roof Form:A new building should have a basic roof form that is similar to those seen traditionally. This project proposes a flat roof, which is consistent with a portion of the existing building's roofline on the site as well as other nearby buildings. D. Secondary Structures: Secondary structures should be subordinate in scale and maintained. There is no secondary structure proposed. E. Multi-Household: Minimize the perceived scale of a multi-household building so that is compatible with the context of the neighborhood. The proposed design incorporates building materials,modulation details, and window and door openings to minimize the perceived scale of the building. It is also setback further from the street and incorporates a prominent entrance that faces the street, breaks up the building, and engages with pedestrians. The overall building height is 47 feet which is lower than the 50-foot maximum allowed under the R-5 zone. F. Fences and Retaining Walls: Front yard fences and retaining walls along the front yard should be low in height. Fences and concrete walls that are along the front are less than 30"in height. BMC section 38.340.050.E requires that developments within the NCOD also must conform to other applicable development standards in Chapter 38.As noted above in the staff report,this application conforms to the development standards. Staff finds that the proposed project meets the standards outlined in 38.340.050 and the NCOD Design Guidelines. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Yes Comments:The existing building is a two-story structure that was built in 1958 as a convalescent center. It remained a care center until 2022 and now is vacant.The proposed project is considered a historic structure since it is considered a contributing building to a potential historic district as outlined in the definitions provided in article 7 of the UDC. A historic structure is defined in BMC 38.700.090 as any building or structure that is: 1. Listed in the State or National Register of Historic Places; 2. Designated as a historic property under local or state designation law or survey; 3. Certified as a contributing resource within a National Register listed or locally designated historic district;or 4. Eligible, as determined by the City of Bozeman, to be listed on the National or State Register of Historic Places either individually or as a contributing building to an existing or potential historic district. The existing structure was surveyed in 2019-2020 as part of a larger effort done by the City to survey the B-2M zone district and the immediate surrounding area.This survey was conducted by Metcalf Archeological Consultants (Metcalf).The property lacks individual significance to be on the National Register of Historic Places under Criteria A, B, C, and D of the Secretary of Interior Standards. However,while not located within an existing historic district, it is considered to be a contributing structure to a potential historic district associated with the Postwar Expansion Phase and central Bozeman. Therefore,the building on this site is a historic structure because it is eligible to be listed on the National or State Register of Historic Places as a contributing building to a potential historic district. Page 35 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 As part of the survey effort, Metcalf provided preliminary recommendations regarding district potential within the survey area. Those areas in which there is notable concentration of associated properties retaining sufficient integrity to convey historic character have greater district potential and those that have a clearly defined period of significance or architectural cohesion should be prioritized for further work.The Metcalf Report found that the Violett Addition and Karp Addition could be a candidate for district potential as the small, cohesive neighborhood has associations with the Postwar phase of Bozeman's development. The subject property is in the Karp Addition. Regardless of the potential for a historic district, no efforts have been made to designate a historic district in this area.The process to be determined eligible and then to receive historic district status falls under the State Historic Preservation Office with the final decision maker being the National Park Service. Because the property is considered a historic structure as defined by the UDC,the review authority must consider criteria outlined below from Section 38.340.090 when evaluating demolition applications. 38.340.090 Criteria for demolition of a historic structure Yes 1. The property's historic significance. 38.340.090.C.1 Yes 2. Whether the structure has no viable economic life remaining. 38.340.090.C.2 Yes 3. Whether the subsequent development complies with Section 38.340.050(standards for Yes certificates of appropriateness). 38.340.090.C.3 4. Whether the subsequent development includes construction of new building(s)unless the Yes existing character of the area does not include buildings. 38.340.090.C.4 5. Subsequent development requires a building permit and does not include proposals which leave Yes the site without building(s)or structure(s). 38.340.090.C.5 Notwithstanding the above,for projects proposing the removal of a historic structure,which do not Yes qualify for sketch plan review pursuant to 38.230.070,the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 Ian review criteria). Comments:This project falls under Section 38.340.090 since it is considered a historic structure.As explained in the section above,the first criteria is met because the structure is considered a historic structure since it is contributing to a potential historic district. No demolition of the structure is permitted until the site plan and building permit for the subsequent development is approved. Under 38.340.090.C.2,it is determined that the structure has no viable economic life remaining. Pursuant to the certificate of appropriateness review criteria found in BMC 38.220.090, if demolition of a historic structure is proposed,a structural analysis and cost estimates by more than one general contractor for the work is required to determine whether the structure has any viable economic life remaining.The applicant provided two comparison studies that break down the cost of renovation of the existing building to construction of a new building of the same type and scale. Both reports determined that the structure did not meet the necessary criteria for conversion into living units and that the existing structure presents additional safety and environmental challenges, such as building constraints due to various phases of expansion and renovation which has compromised its structural integrity and the presence of transited piping and asbestos. To use the existing building would result in 42 units compared to the proposed 91 units in the current design.The studies concluded that the cost for building a new structure of similar type and scale costs less than a full renovation of the structure to be brought up to code and be converted fully into living units.Therefore,the structure has no viable economic life remaining and the second criteria for demolition of a historic structure is met. The third criteria,whether the proposed subsequent development complies with standards found in 38.340.050, is met as analyzed above in Section 11 of this staff report. Pursuant to the fourth criteria,subsequent development does include construction of new buildings and, as noted above,the existing character of the area as well as the subject property does include buildings. Page 36 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 Finally,the last criteria provides a directive that a building permit is required for subsequent development and the proposal must not leave the site without buildings or structures. This requirement is met because the associated site plan proposes to construct a new residential building on the site. Per 38.340.090.C, "for projects proposing the removal of a historic structure,which do not qualify for sketch plan review pursuant to section 38.230.070,the review authority may determine the proposed subsequent site development is more appropriate for the site based on the criteria in section 38.230.100."Based on the analysis above,staff finds that the subsequent development is more appropriate for the site because all criteria to demolish the existing structure are met, it redevelops an otherwise unused and underutilized infill site,and conforms with the 2020 Community Plan, Site Plan Criteria, and Certificate of Appropriateness criteria. Early termination of two-year stay 38.340.090.D.3 Yes Comments:A previous application for demolition and COA(application 23354)was denied by the City Commission on July 9, 2024.The City Commission reclaimed the application to be the final decision maker of application 23354, rather than allowing an administrative decision by the director of community development on the application pursuant to BMC section 38.200.010. The City Commission denied application 23354 in part on a failure to meet the criteria of 38.340.090.C. BMC Section 38.340.090.D.3 provides: "If an application for demolition or moving is denied due to failure to meet section 38.340.090.0 issuance of a demolition or moving permit must be stayed for a period of two years from the date of the denial in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to the use of tax credits or adaptive reuse. The two- year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of this section." Application 24493 constitutes an alternative proposal that must meet all relevant requirements of division 38.340 in order to be approved. The applicant provided information regarding compliance with all required criteria for approval of a CCOA and a demolition permit, as analyzed throughout this staff report. If application 24493 is approved,the two-year stay is terminated, and a demolition permit can be issued. BMC section 38.340.090.D.3 further provides the following information about early termination of the two-year stay on issuance of a demolition permit: a. Early termination of a two-year stay. An owner of property subject to a stay under this section may seek early termination of the stay if the owner demonstrates s/he has actively and in good faith sought alternatives to demolition. These alternatives may include but are not limited to: listing the property for sale as a historic property;actively seeking input from neighborhood groups and interested parties; exploring alternative funding sources for stabilization and/or reconstruction; and offering the property for relocation. The owner is seeking early termination of the two-year stay with this current application as an alternate proposal and provided information regarding alternatives the applicant explored. Prior to submitting site plan application 23354,the applicant considered adaptive reuse of the existing building for living units.As noted above,there was a renovation study that determined the existing structure did not meet the necessary criteria for renovation into future living units and the cost to rehabilitate the building to bring it into a habitable condition as living units exceeds the cost of demolition. Upon denial of application 23354,the applicant sought alternative funding sources for reconstruction but could not secure funds.The applicant has not been able to secure insurance coverage for the building. The applicant met with City officials and neighborhood representatives or interested parties who had expressed opposition to the original proposal through public comment on July 25, 2024,and August 13,2024,to discuss alternatives and concerns from Midtown neighbors and other concerned citizens that warranted the denial of application 23354.The current application made changes to address the concerns, including the following: Page 37 of 38 B O Z E M A N MT Staff Report Community Development The Guthrie at 5th and Villard Site Plan/CCOA/Demo Application 24493 January 15, 2025 1. Reduce mass and scale of building from 5 stories to 4 stories. 2. Reduce the overall number of units from 111 units to 91 units. 3. Incorporate concrete and brick on exterior of building to honor the surrounding neighborhood. 4. Upgrade the kitchen amenities within each unit. Furthermore,after determining that adaptive reuse was unfeasible,the applicant undertook environmental abatement to prepare the project for demolition and future redevelopment,which is permitted under the building code.The abatement involved extensive work leaving the structure in an unsafe condition that poses health and safety concerns. As analyzed throughout this report, staff finds that this alternative proposal is sufficient for approval. Approval of this application results in the early termination of the two-year stay on issuance of a demolition permit. Page 38 of 38