HomeMy WebLinkAboutA2. CUP for South Towne SquareSouth Towne Square Building 4 CUP – Application 15589 Page 1 of 16
Staff Report for the South Towne Square Building 4 Conditional Use Permit, Application 15589
Date: City Commission Public Hearing March 28, 2016
Project Description: A Conditional Use Permit application to allow medical, dental and general office, and/or exercise and health facilities on the ground floor within a 5,426 square feet commercial building, located at 2000 S. 3rd Avenue. Application 15589
Project Location: 2000 S. 3rd Avenue and is legally generally described as Third Avenue Condominium within Lot 3A, Block 4, Thompson’s Addition to Bozeman, Gallatin County, Montana. The property is located within the B-1, Neighborhood Business District.
Recommendation: Approval with conditions.
Recommended Motion:
“Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15589 and move to approve the South Towne Square Building 4 Conditional Use Permit to allow medical, dental and general office, and/or exercise and health facilities on the ground floor within a 5,426 square feet building on the property with recommended conditions and subject to all applicable code provisions.”
Report Date: Thursday, March 17, 2016
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues The applicant indicated to City Staff that they have found the recommended conditions of approval as acceptable. Therefore, Staff is not aware of any unresolved issues at the time of writing this report.
Project Summary A Conditional Use Permit (CUP) application to allow medical, dental and general office, and/or exercise and health facilities on the ground floor was submitted to the Community Development Department for the building located at 2000 S. 3rd Avenue, which is located within the B-1 (Neighborhood Business) zoning district. South Towne Square is a four building development consisting of a mix of restaurants and retail with second floor office space. Three of the buildings are finished and occupied, while a building permit for Building 4 was issued in 2015 and is currently
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South Towne Square Building 4 CUP – Application 15589 Page 2 of 16 under construction. Building 4 is designed as a one-story structure with a small mezzanine. The CUP application is to allow office and/or exercise and health facilities on the ground level of Building 4. In the materials submitted with the CUP application, the applicant has stated that due to the amount of available parking, restaurant use will not be allowed within Building 4. The applicant has had difficulty finding retail businesses interested in leasing tenant space. However, there has been interest in leasing space for medical, financial, real estate and other office uses. A parking analysis has been completed by the South Towne Square Property Owner Association indicating that there is available parking for office or health and exercise uses. At their February 17, 2016 meeting, the Development Review Committee voted unanimously to recommend approval of the CUP application with the recommended conditions identified in this report. A more detailed zoning analysis can be found in Appendix A. A more detailed project description can be found in Appendix B.
Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP criteria contained within the staff report;
4. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
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South Towne Square Building 4 CUP – Application 15589 Page 3 of 16
TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL ................................................ 8 SECTION 3 - CODE REQUIREMENTS ..................................................................................... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ................................................. 9 SECTION 5 - STAFF ANALYSIS ............................................................................................. 10 Applicable Plan Review Criteria, Section 38.19.100, BMC. .......................................... 10 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ........... 12 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY ........................................ 15 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 15 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................... 16 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .................................... 16 FISCAL EFFECTS .................................................................................................................... 16 ATTACHMENTS ..................................................................................................................... 16
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Section 1 - MAP SERIES Figure 1: Zoning Map
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Figure 2: Future Land Use Map
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Figure 3: Current Land Use Map
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Figure 4: South Towne Square Building 4 Location
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SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL The applicant must comply with all applicable conditions of approval as recommended by the Development Review Committee and approved by the City Commission. The applicant must comply with all other provisions of the Bozeman Unified Development Code, which are applicable to this project prior to receiving Final Plan or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The recommendations of the Development Review Committee will be forwarded to the City Commission who is responsible to make the final decision regarding this project.
Recommended Conditions of Approval 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code.
Figure 5: Ground Floor Level
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SECTION 3 - CODE REQUIREMENTS a. Section 38.19.110.F BMC states that the rights to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. b. Section 38.19.110.I BMC describes the process for termination/revocation of a conditional use permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.34.160
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: South Towne Square Building 4 CUP
Application No.: 15589 The Development Review Committee (DRC) considered the Conditional Use Permit (CUP) application to allow for the ground level medical, dental, office and/or health and exercise
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South Towne Square Building 4 CUP – Application 15589 Page 10 of 16 use within a 5,426 square foot building on the property addressed as 2000 S. 3rd Avenue. The DRC recommended conditional approval at the February 17, 2016 meeting. The City Commission is scheduled to hold a public hearing and review the application at their March 28, 2016 meeting.
SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and 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.
Applicable Plan Review Criteria, Section 38.19.100, BMC. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy The proposed application is in compliance with this criterion. The Future Land Use designation is “Community Commercial Mixed Use” in the Bozeman Community Plan. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations The application request for office and/or health and exercise located on the ground floor is found to conform to Bozeman Municipal Code (BMC) Chapter 38 “Unified Development Code.” There are no known documented violations with the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations
International Building Code Section 111.1: “Use and occupancy.” No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued
a certificate of occupancy therefore as provided herein. Issuance of a certificate of
occupancy shall not be construed as an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction. The core and shell of building is currently under construction. Future tenant improvement building permits are anticipated in the future. Occupancy and use of the building may not occur on the property until a Certificate of Occupancy is obtained from the City of Bozeman for the tenant improvement permits.
4. Relationship of site plan elements to conditions both on and off the property No site improvements are proposed with this CUP application. Recommended condition of approval no. 2 addresses the requirement that all future expansions of the building existing on the property may not occur until an application is submitted and approved by the City of Bozeman.
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5. The impact of the proposal on the existing and anticipated traffic and parking conditions The proposed office and or health and exercise use would occupy the entire 5,426 square feet building. Per the allowable parking reductions in the Unified Development Code (UDC), particularly Section 38.25.040.A.2.c(1), parking within the B-1 zoning district may be reduced when implementing a small scale Community Commercial Mixed Use growth policy designation. Utilizing all adjustments per Table 38.25.040-5 of the UDC and 38.25.040.A.2.c(1) and (3) of the UDC, the number of required parking spaces calculated per Table 38.25.040-3 of the UDC was a total of 17 spaces ( 40% reduction of 5,426 square feet/200 square feet). These spaces are available within the existing parking area. For all existing and proposed uses within South Towne Square a total of 132 spaces are required and 141 are provided. Additionally, the South Towne Square Property Owner Association has a 10 year agreement (2008-2018) with Pilgrim Congregational Church for use of 40 parking spaces within the church parking lot.
6. Pedestrian and vehicular ingress and egress Pedestrian and vehicular access is anticipated to be from both Kagy Boulevard and South 3rd Avenue via the existing sidewalks and driveway approaches.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or
replacement of natural vegetation Not applicable. No landscaping is required for the application as the landscaping has been provided as part of the site development.
8. Open space Not applicable. No residential uses are proposed with the application.
9. Building location and height Not applicable. No change to the existing building is proposed with the application.
10. Setbacks Not applicable. No change to the site or the existing building is proposed with the application.
11. Lighting Not applicable. No exterior lighting is proposed with the application.
12. Provisions for utilities, including efficient public services and facilities Not applicable. No change to the utilities are proposed with the application.
14. Loading and unloading areas Not applicable. No loading areas proposed with this application.
15. Grading Not applicable. No change in site grading is proposed with this application.
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16. Signage No signage proposed with this application. If future signage is desired, a City of Bozeman sign permit will be required.
17. Screening Not applicable. No mechanical equipment is proposed with this application.
18. Overlay district provisions Not applicable. This site is not within an overlay district.
19. Other related matters, including relevant comment from affected parties No public comment was received. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming. Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code. Not applicable., this project is commercial.
22. Phasing of development No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The proposed ground floor office and/or health and exercise use is located on a property with a mix of complementary retail, service and office uses. The development conforms to zoning and has been modified over time to accommodate the intensity of the uses on site.
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South Towne Square Building 4 CUP – Application 15589 Page 13 of 16 There is adequate access, circulation, parking facilities and municipal services on the property to accommodate the proposed office and health and exercise uses on the ground level. Staff finds the site adequate in size and topography to accommodate ground level office and /or health and exercise uses at the building at 2000 S. 3rd Avenue.
2. That the proposed use will have no material adverse effect upon the
abutting property. Persons objecting to the recommendations of review
bodies carry the burden of proof; With the Community Development recommended conditions of approval, the application complies with the Unified Development Code. There are adequate parking facilities, circulation, and municipal services to support the proposed uses on the property. The ground floor office and/or health and exercise uses will not have an adverse effect on the adjacent neighborhood business uses as the development includes a wide range of uses on the ground floor including a previously approved medical office use. No detrimental impacts have been reported from the medical office use on the ground floor in another building. The application states that the site cannot accommodate the additional parking required for restaurant uses and that retail uses have not been generally successful in neighborhood business centers including South Towne Square. Two prominent restaurant tenants provided letters of support for this application. The proposed use will have no material adverse impact on the abutting properties or to the overall development as the physical form of the development will not change with this approval and there is no proposed increase in automobile trip generation from that originally proposed and analyzed for the development of this building. Therefore, Staff finds the proposed ground floor office use will have no material adverse effect upon abutting properties.
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South Towne Square Building 4 CUP – Application 15589 Page 14 of 16
3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner. Staff doesn’t recommend any special conditions of approval directly related to the proposed uses. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval and findings within this report.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns,
shall be consented to in writing, and shall be recorded as such with the county
clerk and recorder's office by the property owner prior to the issuance of any
building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final plan process and will be required prior to approval of the final plan. Cited code provision
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South Towne Square Building 4 CUP – Application 15589 Page 15 of 16 b applies to this issue. A document to be recorded will be provided by the City following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The tenant space addressed as 2000 S. 3rd Avenue is zoned as “B-1” (Neighborhood Business District). The intent of the B-1 district is “to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development Scale and pedestrian orientation are important elements of this district.”
Adopted Growth Policy Designation: The tenant space addressed as 2000 S. 3rd Avenue is designated as “Community Commercial Mixed Use” future land use in the Bozeman Community Plan. The Plan states “Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. A Floor Area Ratio in excess of .5 is desired.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND A Conditional Use Permit (CUP) application was submitted to the Community Development Department for the building located at 2000 S. 3rd Avenue, which is located within the B-1 (Neighborhood Business) zoning district. The CUP application is to allow office and/or exercise and health facilities on the first level of Building 4. In the materials submitted with the CUP application, the applicant has stated that due to the amount of available parking, restaurant use will not be allowed within Building 4. While working to lease space within Building 4, the applicant has had difficulty finding interested retail businesses. However, there has been interest from medical, financial, real estate and other office uses. South Towne Square is a four building development consisting of a mix of restaurants and retail with second floor office space. Three of the building are finished and occupied, while a building permit for Building 4 was issued in 2015 and is currently under construction. Building 4 is designed as a one-story structure. Conditional use permits for onsite sales and consumption of alcohol both indoor and outdoor and medical office uses on the ground floor have been approved for South Towne Square. There are no proposed changes in building footprint at this time and in coordination with this CUP request. Lastly, no deviations or variances are requested with this application. At their February 17, 2016 meeting, the Development Review Committee voted unanimously to recommend approval of the CUP application with the recommended conditions and code provisions identified in this report. A more detailed zoning analysis can be found in Appendix A.
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South Towne Square Building 4 CUP – Application 15589 Page 16 of 16 A more detailed project description can be found in Appendix B. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on March 13, 2016 and March 20, 2016. Notice was posted on site on March 4, 2016.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: David Sinton, 519 W. Mendenhall Street, Bozeman, MT 59715
Applicant: Same as above
Representative: Van Bryan Studio Architects, 21 W. Babcock Street, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application.
ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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BACKGROUND
My knowledge of South Towne Square goes back to the initial construction of the first
building, which now houses Sola Café and Blacksmith Italian. I purchased that building during
the initial phases of construction, and then tenanted it with two (2) restaurants and a small hair
salon. The hair salon left and Sola Café absorbed the space. At that time, I did not give much
thought to zoning, B-1 that the center carried, in that it did not affect me in my quest for tenants.
However, as the center grew and the additional buildings were added, it became apparent that we
were developing a significant traffic impaction problem, and the developer still had two (2)
buildings left to be built. Two things had to be done: 1.) One of the buildings (although
approved) had to be eliminated. 2.) The parking lot had to be redesigned (at the cost to the
owners’ association of over $300,000). Those two things immediately improved the parking
significantly, however, there was still one 9,000 square feet, 2-story building left to build.
We (RSIC) were interested in buying the pad and building the last building. However,
we felt that the approved 2-story, 9,000 square foot building might again put us in the throes of
parking congestion. Therefore, we applied to build a smaller (+/- 5,000 square feet) building,
with only 1-story, as to maintain the “open feeling” to the center. Further, in an attempt to keep
traffic impaction at a minimum, we agreed not to lease to another restaurant (although allowed
for in the zoning) because restaurants are big traffic generators at “mealtime hours”, and the
traffic generation at lunchtime is already nearing capacity. Another restaurant would only add to
that dilemma.
South Towne Square has developed to be predominantly service and food businesses due
partly to the act that retail trends have moved from a brick and mortar model to an internet-
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based, low-overhead model. We have seen a lack of interest in the allowed uses for our
building, partially due to this movement. The trend, in brick and mortar, is toward service
oriented businesses. Much of this interest is allowed in B-1, but not on the ground floor.
PROPOSED USE
A 1500 square foot specialty real estate office and showroom for distinct properties in the
surrounding area. The user, Sotheby’s International Realty, is a widely known and respected real
estate firm dealing in distinctive properties throughout the world. This office will showcase
unique properties for sale and service clientele in the area. This business will complement the
current make-up of South Towne Square and offer no adverse effects to the development.
SITE ADEQUACY
Listed below are three reasons the site proves definitely adequate for housing Sotheby’s
International Reality:
1. The use requires only 25% of the designed building.
2. Parking need is less than most the existing tenants, particularly at peak hours.
3. No loading or delivery truck access is required (this is currently a big issues with the
existing tenants).
NO ADVERSE EFFECT
The current owner of the abutting property, also an owner in this building, has spoken
with his tenants of the abutting property and there has been overwhelming support for this use
(see attached e-mails from abutting users). Also, he has spoken with some of the owners of other
properties in the center and has received support for this use from them, as well.
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The proposed use has no special requirements for delivery, loading and unloading, or
parking, all of which are current concerns of South Towne Square. The majority of B-1 ground
floor users currently in South Towne Square require deliveries and loading and unloading. The
site has difficulty accommodating those requirements adequately.
CONCLUSION
We believe, and have been told, that proposed use will bring value to South Towne
Square by way of services provided, employment opportunities, and additional business to
current tenants at a minimal level of impact to site conditions as they exist.
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