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HomeMy WebLinkAbout19517 Staff Report Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 1 of 17 Application No. 19514 Type Site Plan Project Name The Aviator Building Summary A Site Plan application to allow for the construction of a 28,818 square foot commercial building that will contain restaurant, retail, and offices and site improvements within the Bozeman Gateway PUD. Zoning B-2 Growth Policy Community Commercial Mixed Use District Parcel Size .446 acres Overlay District(s) None Street Address 870 Harmon Stream Blvd, Bozeman, MT 59718 Legal Description Bozeman Gateway PUD Phase 2, S14, T02 S, R03E, Block 3, Lot 16A, Acres .446, Plat J-474-E Owner Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59403 Applicant Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59403 Representative Morrison-Maeirle, PO Box 1113, Bozeman, MT 59771 Staff Planner Sarah Rosenberg Engineer Anna Russell Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 04/17 – 05/01/2020 04/17/2020 04/17/2020 N/A Advisory Boards Board Date Recommendation DRC 03/19/2020 Adequacy ADR 04/23/2020 Approval Recommendation Approval Decision Authority Director of Community Development Date Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 7/8/2020 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 2 of 17 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit the construction of a three story commercial building in the B-2 (community business) zoning district. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would not comply with the requirements of the BMC. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC. 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 ______________________, 2020, Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL 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. The site plan shall have an initial entitlement period of one year. The applicant may seek an extension of not more than one additional year. Extensions may be sought under the provisions of Section 38.230.140. 3. Prior to occupancy, all outdoor lighting fixtures must be inspected after installation to ensure compliance with code pursuant to Section 38.570.040. DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 7/8/2020 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 3 of 17 Advisory Comments 1. BMC 38.570.090, If the city finds that a lighting installation creates a safety or personal security hazard, the person responsible for the lighting will be notified in writing and required to take remedial action within 30 days. DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 4 of 17 Figure 1: Current Zoning Map DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 5 of 17 Figure 2: Proposed Site Plan DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 6 of 17 DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 7 of 17 DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 8 of 17 DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 9 of 17 Figure 3-6: Conceptual Renderings DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 10 of 17 ANALYSIS and findings Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2, Community Business District Yes Comments: The uses of restaurant and retail are allowed within the B-2 zoning district. The property is within the City’s municipal service area. Staff finds that the project does contribute to the goals of the growth policy. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: There are no current violations on the subject property 3. Compliance with regulations required 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: The proposed uses of the site are consistent with the allowed uses of the B-2 zone district. No specific conflicts identified. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The Aviator Building is reviewed under the Development Manual for Bozeman Gateway and the BMC, Plan Review Criteria. The proposed structure is compatible with the Development Manual and meets site plan criteria. Architectural design, building mass, materials and character are compatible to the immediate environment and the Bozeman Gateway. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Commercial (Restaurant, Retail, Office) Yes Form and intensity standards 38.320 Yes Zoning B-2 Setbacks (feet) Structures Parking / Loading Yes Front 15 NA Rear 10 0 Side 5 0 Alley 0 0 DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 11 of 17 Comments: The proposed setbacks meet all B-2 zone district standards and the Bozeman Gateway PUD. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 Yes Building Height Requirements 38.320.010-.060 Yes Lot coverage 67% Allowed 100% Height 53’-6” Allowed 65’ Yes Comments: There are multiple different rooflines proposed. All meet the height standards for the B-2 district and the Bozeman Gateway PUD. General land use standards and requirements 38.350 Yes Comments: All encroachments are in conformance to standards. Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS NA Transportation grid adequate to serve site Yes Yes Comments: A TIS was not required for this project. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1-internal drive Yes Street easements NA Special Improvement Districts NA NA Comments: An internal drive aisle exists on the property and connects the subject site to Harmon Stream Boulevard and S 29th Avenue which connects to Huffine Lane. Parking requirements of 38.540 Required parking nonresidential 170 Yes Reductions nonresidential – retail 20% Reductions nonresidential – restaurant 30% Required bicycle parking (10% of required parking) 17 Provided parking off street 372 On street parking NA Comments: The parking in common area 3A and 4A is already constructed. Common area 7 and 8 are required to be constructed with this project to bring the Bozeman Gateway PUD Phase 2 into conformance. Much of the additional parking to the south of the proposed DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 12 of 17 development will help meet future parking requirements. Seven bicycle parking spots are proposed. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 1 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: Curbing, striping gutters will be installed. Concrete walkways will be installed to provide safer pedestrian connectivity. 7-foot walkways were required where parking spaces are adjacent to the walkway. Lighting complies with dark sky and lighting requirements. Pedestrians are served by proposed sidewalks on the property that connect to existing sidewalks to the east and west. The property is also serviced by an existing trail system to the north. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements NA NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: Not required for this application. All shared use paths, sidewalks and transportation facilities are noted on the plat. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: NA. No off-street loading berths are required for this use. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation Yes DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 13 of 17 Comments: A north south pedestrian path that was part of the approved PUD will be constructed with this project. This acts as a midblock crossing and provides adequate pedestrian circulation Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: CIL was approved per the Bozeman Gateway Subdivision Phase 2. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: The water and sewer plan was approved by the Engineering Department Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: The Site Grading and Drainage Plan was approved by the Engineering Department. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes __ ac. X __ units/ac. X 0.03 ac.= __ ac. Cash donation in-lieu(CIL) Proposed use of CIL approved, and paid Yes Improvements in-lieu NA NA Comments: Parkland requirements were addressed at the time of subdivision and are not applicable to this application. No residential use is proposed with this project. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Comments: This project must adhere to Internal Roadway, Mixed, and Trail block frontage standards. The internal roadway applies to the drive aisle to the south, and the mixed and trail block frontage apply to Huffine on the north. There are entrances that face both block frontages, appropriate façade transparency, and adequate sidewalk widths. DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 14 of 17 Location and design of service areas and mechanical equipment 38.520.070 Yes Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development 38.520.010 Yes Comments: The Aviator Building is arranged fronting Huffine Street with a multi-use path running parallel to it. The development includes a plaza area to the north with seating and landscaping. Relationship to adjacent properties 38.520.030 Yes Comments: The project fits into the mixed use development of the Bozeman Gateway as the entire development consists of larger scale commercial and mixed use structures. Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: The building provides adequate circulation on the site as well as provides connectivity to adjacent properties. There is adequate connectivity to the sidewalks within the subdivision as well as the trail system to the north. There is direct connection from the parking lot to the south via a crosswalk and a sidewalk. Building Design Standards 38.530 Yes Comments: The building fronts both on to Huffine Street and towards internal drive aisles. The building meets the standards for articulation, building entrance, and materials. 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA Parking lot screening NA Interior parking lot landscape Yes Off-street loading spaces screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Trees for residential adjacency NA Performance points 15 Yes City rights-of-way and parks NA Tree plantings for boulevard ROW, drought- resistant seed NA Public ROW boulevard strips NA Irrigation and maintenance provisions for ROW NA DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 15 of 17 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building 400 SF Yes Proposed (sq. ft) 371.5 SF Comments: The sign along Huffine is 181.25 SF. The sign along the access road is 190.25 SF. The signs meet the UDC standards as the Bozeman Gateway PUD. 8a-c. Conformance with environmental and open space objectives in articles 4-6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Project meets requirements. State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: Street frontage landscaping complies with requirements. A departure was requested from Section 38.520.040.D.3 for the relief to include 3’ of landscaping between pathways and structures. The applicant request for a departure from this based on incorporating façade treatments and other landscape features to provide attractive pathways. The departure was granted. Based on the approved PUD Master Plan, the landscaping meets requirements set forth by those standards. Any that were not addressed in the PUD were satisfied through the BMC standards. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space Yes Comments: Project meets requirements. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 NA Total required NA NA Total provided NA NA Comments: Open space was not required as the parcel is under 1 acre. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: All lighting meets cut off standards and average footcandles required. DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 16 of 17 Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: No surface stormwater facilities are proposed. Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Comments: NA 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 10. Other related matters, including relevant comment from affected parties 38.220 Public Comment Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report. One public comment was received with comments to the architecture. Design Review Board/Administrative Design Review Comments: Per the conditions of approval of the Bozeman Gateway PUD, projects within it are required to be reviewed by the Design Review Board (DRB). However, in light of COVID- 19 events and the City of Bozeman’s planning office closed to the public, the code states that if a quorum of DRB meetings cannot be achieved, an Administrative Design Review (ADR) Team may conduct the DRB review. The ADR reviewed the project on April 23, 2020 provided comments to the applicant and recommended approval. 11. 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 Are 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. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements NA NA Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672 Staff Report The Aviator Building Site Plan Application 19514 July 8, 2020 Page 17 of 17 Comments: Not applicable the project is proposed on one lot. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 1 Yes Comments: One phase is proposed. DocuSign Envelope ID: EF7D5C13-9F5A-4212-AB9B-65727ABA0672