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HomeMy WebLinkAboutStaff Presentation - Guthrie AppealTuesday, April 1, 2025 The Guthrie/5th and Villard Site Plan, CCOA, and Demolition Application 24493 Appeal number 25033 Timeline of Adopted Regulations Applicable to The Guthrie site 1991 NCOD Boundary set 2006 NCOD Guidelines adopted 2016 R-5 Zoning applied to this parcel 2018 UDC Update, adopting standards for development 2022 Affordable Housing code adopted The Guthrie Appeal 25033 The Guthrie Site Plan, CCOA, Demolition 24493 •4-story apartment building with 91 units (46 affordable) and 36 parking spaces •Zone R-5 •Underlying Growth Policy designation: Residential Mixed-Use High-Density District •Within NCOD and Midtown Neighborhood •Adjacent to Midtown Urban Renewal District The Guthrie II Application 24493 Timeline Application submitted 9/6/24 DRC adequacy 12/4/24 Public comment period 12/6/24 to 12/31/24 Director decision 1/15/25 Appeal filed 1/30/25 Appeal public comment period 3/3/25 to 4/1/25 Hearing on Appeal 25033 4/1/25 The Guthrie I Application 23354 Timeline Application submitted 12/1/23 Commission Vote to Reclaim 4/16/24 Denial of Application 23354 7/9/24 2 Year Demolition Stay begins 7/9/24 The Guthrie Appeal 25033 The Guthrie II, Application 24493 4 stories, 91 units 47 feet tall 46 Affordable units 10 Studio, 29 1-BR, 7 2-BR 36 parking spaces Used AHO Deep Incentives for: •No minimum parking •Building details – South facade •Block frontage – 9 ft setback rather than standard 10 ft The Guthrie I, Application 23354 5 stories, 111 units 61.5 feet tall 56 Affordable units 51 1-BR, 5 2-BR 37 parking spaces Used AHO Deep Incentives for: •Additional height •No minimum parking •Exemption from façade width & roofline modulation The Guthrie Appeal 25033 Substantive Issues on Appeal  NCOD Standards in Code & Guidance in Guidelines  Article 3, Including Overlay District Standards  Form, Mass & Scale & Compatible with Surrounding Structures  Open Space  Location of Refuse Tip Pad  Parking Lot Design  Fire Safety Standards  Transportation and Traffic Standards The Guthrie Appeal 25033 MCA 7-1-4121- General Definition (7): (7) “Guideline” means a suggested or recommended standard or procedure to serve as an index of comparison and is not enforceable as a regulation. NCOD Standards vs Guidelines (Page 11 of Guidelines) The Guthrie Appeal 25033 Code = Regulatory standards (compulsory) Guidelines = Supplementary considerations (not compulsory) The Guthrie Appeal 25033 Form, Mass & Scale Compatibility with Surrounding Structures The Guthrie Appeal 24493 Two Year Stay on Demolition 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 this section.” 38.340.090.D.3.a “Early termination of 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 Guthrie Appeal 25033 Public Notice: •Public notice period for Appeal 25033: March 3, 2025 to April 1, 2025 Public Comment: •107 public comment letters received as of 1:00 today Recommendations: •Preserve the City’s defenses regarding whether Appellants meet the requirements of sections 38.250.030.A and 38.250.030.B, as well as all defenses related to constitutional claims, if any party seeks judicial review. •Uphold the Director’s Conditional Approval of Application 24493. The Guthrie Appeal 25033 Recommended Motions 1. Having reviewed and considered Appeal number 25033 including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to preserve all defenses the City of Bozeman may assert regarding standing of Appellant to bring this appeal, their ability to raise any issue on appeal, and Appellant’s constitutional claims if Appellant seeks judicial review. 2. Having reviewed and considered Appeal number 25033 seeking to overturn the decision of the Director of Community Development conditionally approving the 5th and Villard Site Plan, CCOA, and Demolition application number 24493, including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to uphold the Director’s conditional approval of application 24493. The Guthrie Appeal 25033 Open Space and Bicycle Parking The Guthrie Appeal 25033 Approved Trash Pick Up Location The Guthrie Appeal 25033 Fire Hose Pulls The Guthrie Appeal 25033 Fire Lane Striping and Signage The Guthrie Appeal 25033