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HomeMy WebLinkAbout21326 Staff ReportBOZEMANCommunity DevelopmentMTStaff ReportWildlands Development SP/CCOAApplication 21326January 28, 2022Application No.21326 TypeSite Plan/Commercial Certificate of AppropriatenessProject NameSummaryZoningOverlay District(s)Street AddressLegal DescriptionOwnerApplicantRepresentativeStaffNoticingAdvisory BoardsRecommendationDecision AuthorityWildlands DevelopmentSite plan for the renovation and expansion of an existing mixed use building on the corner ofPeach Street and Wallace Avenue. The existing structure will remain and the expansion willinclude a three story mixed use building with a parking garage, three commercial spaces,residential amenities, and 12 residential units. The application also includes demolition ofstorage tanks and a warehouse that are both abandoned.NEHMU Growth Policy Community Commercial Parcel Size .489 acresNeighborhood Conservation Overlay District600 N. WallaceNorthern Pacific Addition, 806, T02 S, R06 E, Block 106, Lot 26 and 27. City of Bozeman,Gallatin County, MT.Outlaw Real Estate Partners, 11 Lone Peak Drive, Big Sky, MT 5971645 Architecture, 1216 W. Lincoln Street, Suite D, Bozeman, MT 59715Same as applicantPlanner Sarah Rosenberg EngineerPublic Comment Period Site PostedMikaela SchutlzAdjacent Owners11/6-11/22/2021,12/19/2021-1/3/2022Board11/6/2021,12/19/2021 11/6/2021,12/19/2021Newspaper Legal AdN/ADevelopment ReviewCommitteeDate Recommendation01/13/2022 The application is adequate, conforms tostandards, and is sufficient for approval withconditions and code provisionsThe application is adequate, conforms to standards, and is sufficient for approval with conditions andcode provisions as noted below.Director of Community Development Date ^/ \J^<M^ti^ •^0'2'T^-Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715Page 1 of 20 BOZEMANCommunity DevelopmentMTStaff ReportWildlands Development SP/CCOAApplication 21326January 28, 2022UNRESOLVED ISSUES: NonePROJECT SUMMARYThe subject property is located within the Neighborhood Conservation Overlay District (NCOD) but not within a historic districton the corner of Peach Street and Wallace Avenue. The lot size is 32,032 square feet. The parcel contains an existing (wostory mixed use building with two restaurants on the first floor and offices on the second floor, a parking lot, three-abandonedstorage tanks, and a vacant warehouse.The site plan and commercial certificate of appropriateness (CCOA) application proposes the renovation and expansion of theexisting building. This expansion includes creating three commercial spaces, an enclosed parking garage, and a parking lot onthe ground level. The second and third level will contain 12 residential units total. The application also includes demolition ofstorage tanks and the warehouse. The total floor area is 52,407 square feet.The application requests one departure from BMC 38.520.050, pathway design and one deviation from BMC 38.540.020.J,See section 7b below for full analysis on departure and section 6b for full analysis on deviation.The subject application was submitted on August 11, 2021. This cycle of submittal and review resulted in four revisedapplication submittals by the applicant. The project received adequacy on January 13, 2022, meaning it was sufficientfor approval with conditions of approval and code provisions. A subdivision exemption application (21306) is approvedto aggregate the lots.Page 2 of 20 BOZEMANCommunity DevelopmentMTStaff ReportWildlands Development SP/CCOAApplication 21326January 28, 2022FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATEA) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, publicnotice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described inthis report: was conducted. The applicant proposed to the City a Site Plan (SP) and Commercial Certificate of Appropriateness(CCOA) to permit the expansion of an existing mixed use building to include a parking garage, parking lot, three commercialspaces, residential amenities, and 12 residential units. The purposes of the Site Plan review were to consider all relevantevidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against thecriteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should beapproved, 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 hadthe 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 byCh. 38, BMC, the Director has found that the proposed Site Plan complies with the requirements of the BMC if certain conditionsare imposed. Therefore, being fully advised of all matters having come before her regarding this application, the Director makesthe 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 andthe correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittalmaterials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development toensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 3/day of \Jft^t(^ftM^{ , 2022, the Interim Director of Community Development, approved with conditions this Site Plan forand on behalf of the Ci(^ 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 payingan appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decisionas evidenced by the Director's signature, following the procedures of Sec. 38.250.030, BMC.INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT-c-rCONDITIONS OF APPROVALPlease note that these conditions are in addition to any required code provisions identified in this report. The followingconditions of approval and code corrections are required:1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed asconditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of theBozeman Municipal Code or state law.2. BMC 38.530.070. The design of the murals on the north and south elevations must be finalized and approvedprior to certificate of occupancy.3. BMC 38.540.050.A. All elements of the car sharing management plan provided by the applicant and approvedby the Interim Director must be in place prior to final occupancy of the building.4. BMC 38.540.020.J. The applicant must submit final plans and specifications for the alternative to the concretecurb around the surface parking lot within one year of this approval.Page 3 of 20 BOZEMANCommunity DevelopmentMTStaff ReportWildlands Development SP/CCOAApplication 21326January 28, 2022CODE PROVISIONS1.BMC 38.540.010.A.2. Change of use or occupancy of buildings. With any change of use or occupancy of anybuilding or buildings an occupancy permit is required. When the change in use or occupancy requires more thana ten percent cumulative increase in parking over that required with the initial building construction, anoccupancy permit may not be issued until such additional parking spaces, in the amount required by thischapter, are provided for.Page 4 of 20 Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 5 of 20 Figure 1: Current Zoning Map Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 6 of 20 Figure 2: Future Land Use Designation Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 7 of 20 Figure 2: Proposed site plan Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 8 of 20 Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 9 of 20 Figures 3-4: Elevations Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 10 of 20 Figure 5: Parking Analysis Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 11 of 20 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning Northeast Historic Mixed Use District (NEHMU) Yes Comments: The intent of the northeast historic mixed-use district is to provide a variety of non-residential and residential uses. This application proposes a mixed-use development of non-residential and residential uses. The Community Commercial Mixed future land use designation encourages higher density, multi-story buildings, residences on upper floors, and an urban character. This project is an infill development as it is changing from a two-story building to a three-story building and adding additional uses. Staff finds that the project does contribute to the goals of the growth policy including the following:  Goal N-3: Promote a diverse supply of quality housing units. This project proposes to add 12 residential units on the second and third floor of the building. It will contain eight 2-bedroom units and four 3-bedroom units.  Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. This project increases density and offers a mix of uses that will contribute to the products and services available in the Northeast Neighborhood.  Goal M-1.1: Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. As stated above this project proposes to provide housing in close proximity to jobs and services within the existing mixed-use land patterns. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Condominium ownership is not proposed with this application. If units will be sold off as individual condo units, a condominium ownership agreement is required. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None NA Comments: NA 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 12 of 20 Comments: The development of this project will be done in one phase. Certificate of Appropriateness 38.340 Yes Comments: See section 11 below for further analysis 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed Use: Commercial, Artisan Manufacturing, Residential Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front 15 feet 15 feet Rear 3 feet NA Side 3 feet NA Alley 5 feet NA Comments: The intent of the NEHMU zone district is to provide a blend of residential and non-residential uses. Apartments are an accessory allowable use in the NEHMU zone district meaning they must be less than 50% of the gross floor area and cannot be located on the ground floor. The residential units are located on the second and third floor and only comprise of 45.4% of the building. The lot is across the street from the R-2 zone district requiring the setbacks to be the same as the residential district. The R-2 front setback is 15 requiring the building to be set back that far from the property line. The proposed setbacks meet the NEHMU zone district standards. Lot coverage 71.9% Allowed 100% Yes Building height 50 feet Allowed 50 feet Yes Comments: The building height and lot coverage is met. Applicable zone specific or overlay standards 38.330-40 Yes Comments: See section 11 below for further analysis. General land use standards and requirements 38.350 Yes Comments: Parapet walls can extend four feet above the height of the building. The parapet wall extends four feet above the maximum height. Elevator and stair penthouses are exempt from height limitations as long as they do not exceed 50 percent of the corresponding street frontage line. The elevator and stair penthouse extends 11 feet above the allowable building height. 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 Affordable housing plan NA Comments: NA 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements NA Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 13 of 20 Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: The subject property is an infill site and is located on the corner of North Wallace Avenue and East Peach Street. Wallace Avenue is a local street and East Peach is a collector street. A Trip Generation report reviewed by the Engineering Division evaluated the proposed additional uses and found that the trip generation study meets City standards and the intersection can adequately function. Sidewalks 38.400.080 Yes Comments: The building connects to the public pedestrian system currently along Wallace and Peach. These sidewalks meet city standards. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: With the expansion of the building, the drive access off Peach Street will not exist. An existing 16-foot alley to the north of the property will take place of the access off Wallace to the south. This alley grants access to the parking garage and parking lot. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: The existing sidewalk will adjoin the plazas to the west and south that will provide pedestrian access to each tenant space and to the residences. In order to accommodate multimodal transportation, no parking is allowed along Peach Street. A bike lane which is consistent with the 2017 Transportation Master Plan will be provided. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Not applicable since the property is under an acre. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: Not applicable since the lot already exists and meets block length standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: Infrastructure for utility service evaluated by the City’s Engineering Division is adequate. There is a utility easement on the southeast corner of the site, which is recorded with the Clerk & Recorder. Municipal infrastructure requirements 38.410.070a Yes Comments: The property is adjacent to the public utilities such that service connections are adequate. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 14 of 20 Comments: The stormwater maintenance plan outlines a subsurface storage and infiltration system. Applicant has requested a deviation from BMC 38.540.020.J for there be no curb and gutter around the surface parking lot since there are adequate slopes to provide drainage away from the area of the parking lot and building. The Interim City Engineer grants this request with the condition that the applicant must submit final plans and specs within one year of approval. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .323 X 12 units/ac. X 0.03 ac.= .12 acres Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: Parkland is satisfied via CIL equating to $10,486.50. This fee was paid. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Since there is no dedicated parkland or trails, this section is not applicable. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed Yes Departure criteria 38.520.040.D. Pathway Design Yes Comments: Peach and Wallace are classified mixed block frontage; however, since article 3 zone district provisions apply for the NEHMU zone district, the building must adhere to a 15-foot setback (see section 5 above). This requires the applicant to comply with landscape block frontage. Building entrances are directly accessible and visible from the street into the commercial spaces. The parking area is behind the building and enclosed in a parking garage. Documents and drawings show that the building meets the required standards for Mixed and Mixed-Landscaped including landscaping, transparency, and ground level uses. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: This corner is a highly trafficked pedestrian area in the Northeast Neighborhood. The expansion of the building provides enhanced sidewalk connections, plazas, and patios. Access to the residential units on the second and third floor is through a private lobby entrance on the main floor. Applicant requested a departure from 38.520.040.D, pathway design, which requires separation between the pathway and building with three feet of landscaping. The pathway along the north side of the building abuts the alley. The north elevation provides treatment of higher quality materials and design that will enhance the pedestrian experience and fit in with the overall character of the northeast neighborhood. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 15 of 20 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 57 Parking requirements residential 38.540.050.A.1 28 Reductions residential 38.540.050.A.1.b 19 Provided residential 9 Comments: Prior to reductions, 28 stalls are required as outlined below: Residential Reductions. This project is a mixed-use project as the non-residential portion of the building is 55.6% of the total square footage. The ratio between the required residential and non-residential parking has a ratio between 1:1 and 1:3, The Development Review Committee agrees that the pedestrian experience is adequately enhanced through the proposal and recommends approving the departure request. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Vehicular access to the property is through the alley on the northwest corner. On-site open space 38.520.060 Yes Total required 1850 SF Yes Total provided 2552 SF Yes Comments: Open space is only required for the residential uses. Commercial open space is not required since the lot is less than one acre. The residential open space requirement is satisfied via the ground level plaza (864 SF), private balconies, and a roof deck (737 SF). There is an interior courtyard along Peach, which will also service the commercial uses on the ground floor. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: There are utility meters on the north elevation incorporated into the design of shell A along the alley. Landscape screens all service areas on the site. The refuse service area is located interior of the building. Solid Waste reviewed the location of the refuse enclosures and found it to be appropriate for them to service. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Building design within the NCOD must fit within the character of the district. See section 11 below for further analysis. To mitigate for blank walls, the applicant identified murals on the north and south elevations. Condition of approval number 2 requires City approval of these designs prior to final occupancy. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 16 of 20 which allows for a 50% reduction bringing the required residential parking spaces to 14. A car-sharing agreement proposes to reduce 5 parking spaces. The car share space is located in the parking garage. The Interim Director of Community Development approved the car share program and management plan. Condition of approval number three requires that all elements of the management plan must be in place prior to the final occupancy of the building as outlined in Administrative Policy No. 2017-01. Parking requirements nonresidential 38.540.050.A.2 29 Reductions nonresidential 38.540.050.A.2.c 8 Provided non-residential 21 Comments: Over the course of the review, shell A, B, and C continued to change use types initially requiring more parking than provided. The final identified nonresidential uses include two restaurants (Finks and Wild Crumb) and four artisan manufacturing spaces (Wild Crumb prep area, shell A, B, C), and outdoor seating area for the restaurants. Prior to the reductions, 29 spaces are required as outlined below (excerpt from application): Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 17 of 20 Non-Residential Reductions. Six enclosed bicycle parking spaces, a non- residential shower area, changing area, and five clothing lockers located on the site allows for a ten percent (three parking spaces) reduction of the required parking spaces. The additional landscaping provided allows for a five stall reduction. 1750 square feet of landscaping is required for this reduction and the project includes 2526 square feet along Wallace and 2416 square feet along Peach equating to 4943 square feet. Total required after reductions 30 Provided off-street 29 Provided on-street 3 Comments: On street parking directly adjacent to the lot can count towards residential parking requirements as long as the number of on-street spaces does not exceed the number of dwelling units. Three on-street parking spaces are on Wallace, which does not exceed the 12 residential units. The final parking calculation on parking analysis plans G-010 and G-011 shows 15 spaces in the open lot, 14 in the enclosed garage, and 3 on Wallace Street equating to 32 stalls. One stall in the parking garage is for the car-share. A parking narrative provided on December 13, 2021 details all calculations which staff finds to be adequate. To account for the parking during construction, an off site parking agreement dedicates 12 parking stalls on the corner of Ida Avenue and East Cottonwood Street. Bicycle parking 38.540.050.A.4 5 (10% of required parking) Comments: In total, there are 20 bicycle parking spaces, ten are covered and ten are uncovered. 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 Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 18 of 20 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 Yes 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: All proposed landscaping is drought tolerant. There are three existing street trees along East Peach preserved and two more planted. There are two street trees along North Wallace preserved and two more planted. The existing west lawn will have enhanced landscaping and the plazas along the south incorporate landscaping and trees into the shared open space. 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 NA Proposed SF/building NA NA Comments: No signage is proposed at this time. A sign permit is required prior to the construction of any new signage. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: There is full cut off building lighting at the entrances. There is no proposed site lighting. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: The subject property is not located within a floodplain or it wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public comment notice periods are detailed on page 1 of this report. There were two public notice periods. 16 letters of public comment were received within the public notice period and are summarized by topic below:  Parking. Over the course of the review of the project, the parking calculations continued to change based on the commercial tenant use. During the first public notice period, errors in the parking calculations were identified resulting in a second notice period. Staff has found that the final parking calculations meet standards and that the reductions proposed are allowed as outlined in section 7d above. Parking will be continuously reviewed as tenant improvement building permits are submitted. See code provision number one above.  Traffic congestion and safety. The traffic impact study (TIS) reviewed by the City’s transportation engineer was found to meet adopted standards and code requirements. The TIS addressed the Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 19 of 20 BMC characteristics and the criteria outlined by the City’s transportation engineer. See analysis above in section 6a for more details.  Neighborhood character. The applicant has proposed a development that meets NEHMU and NCOD design standards. See section 11 below for COA criteria, section 7c for building design criteria, and section 5 for form and intensity standards. An attached matrix details the public comment by individual commenter. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A separate subdivision exemption application (#21306) has been approved to adjust lot lines. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards for new construction Yes Architectural appearance 38.340.050.B Yes Comments: The proposed project is located within the NCOD. This means that the project must adhere to a higher level of design, focusing on the relationship of the surrounding area and maintaining a level of integrity and character that makes up the NCOD. The addition to the existing building is appropriate and compatible with the original design and the character of the Northeast Neighborhood. See section 12 below for individual characteristics of how the building meets the design standards.  Materials. The materials on the existing building include brick, metal, and wood that are being expanded upon with the new design. Review of demolition of non-historic structures or sites 38.340.100 Yes Comments: The existing storage tanks and warehouse are not historic based on the architectural inventory form from 1984 and the fact that the historic integrity of the property is not retained. The existing structure does not meet the definition of a historic structure since it is less than 50 years old. 12. Conformance with the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Meets Code? Introduction Yes Comments: The introduction to the 2006 Design Guidelines for Historic Preservation contains an overview of preservation goals within the Neighborhood Conservation Overlay District (NCOD), as well as an outline of the Certificate of Appropriateness design review system. Preservation principles and goals are not applicable to the proposed project since the existing structures are not historic. Chapter 2: Design guidelines for all properties Yes Comments: Chapter 2 of the Design Guidelines applies to all properties within the NCOD whether they are historic or not historic. The guidelines to meet these goals are described below:  Topography. The site work maintains the existing topography.  Street Patterns. The proposed building maintains the historic settlement pattern of the NEHMU zone district adjacent to a residential zone district by being set back 15-20 feet.  Alleys. The scale and width of the 16-foot alley to the north will be continued.  Streetscape. The sidewalk, planting strips, and street trees are being preserved.  Landscape Design. The existing mature trees are incorporated into the landscape design.  Building Form. The building addition maintains the visual continuity of the existing building with a rectangular shape and flat roof. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 20 of 20  Solid-to-Void Ratio. The building addition continues the solid-to-void ratio that is on the existing building. The glass is divided into smaller panes that is typical for the commercial buildings in the area.  Materials. The primary materials used are wood, brick, and metal that is present on the existing building and on the commercial buildings in the area. The industrial nature of the northeast neighborhood consist of metal, wood, and brick materials.  Architectural Character. The existing building was constructed in 2002 making it not a historic structure. The new construction is distinguished from the historic structures in the area, but the contemporary design creates a compatible style within the neighborhood.  Parking. The parking lot is located interior to the block off the alley, which minimizes the visual impact.  Buffers. Landscape buffers are used around mechanical equipment and service areas.  Site Lighting. The building lighting is full cut off.  Utilities and Service Areas. The service areas are oriented towards the back of the property off the alley and screened with landscaping. Chapter 4: Guidelines for the Commercial Character Area Yes Comments: Chapter 4 of the Design Guidelines apply to all commercial buildings in the NCOD. The guidelines to meet these goals are described below that aren’t outlined in chapter 2:  Mass and Scale. The expansion of the building adds a third story. The NEHMU zone allows for a building up to 50 feet. The building is split into separate modules with different materials, window design, façade height, and decorative details that helps maintain the average perceived size of the building at the sidewalk. The building incorporates a base, middle, and cap that reinforce the visual continuity of the area.  Horizontal Alignment. The horizontal alignment of the existing building is maintained with the expansion. There is variation incorporated that is also seen in the buildings in the area.  New Storefront Character, Awnings and Canopies. These sections do not apply since the property is not located downtown.  Site Furniture. Site furnishings are located in the public open spaces of the project. Appendices NA Comments: The Secretary of Interior’s Standards for Rehabilitation does not apply since the structures are not considered a historic or contributing building. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 2 of 20 UNRESOLVED ISSUES: None PROJECT SUMMARY The subject property is located within the Neighborhood Conservation Overlay District (NCOD) but not within a historic district on the corner of Peach Street and Wallace Avenue. The lot size is 32,032 square feet. The parcel contains an existing two story mixed use building with two restaurants on the first floor and offices on the second floor, a parking lot, three-abandoned storage tanks, and a vacant warehouse. The site plan and commercial certificate of appropriateness (CCOA) application proposes the renovation and expansion of the existing building. This expansion includes creating three commercial spaces, an enclosed parking garage, and a parking lot on the ground level. The second and third level will contain 12 residential units total. The application also includes demolition of storage tanks and the warehouse. The total floor area is 52,407 square feet. The application requests one departure from BMC 38.520.050, pathway design and one deviation from BMC 38.540.020.J, See section 7b below for full analysis on departure and section 6b for full analysis on deviation. The subject application was submitted on August 11, 2021. This cycle of submittal and review resulted in four revised application submittals by the applicant. The project received adequacy on January 13, 2022, meaning it was sufficient for approval with conditions of approval and code provisions. A subdivision exemption application (21306) is approved to aggregate the lots. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 3 of 20 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) and Commercial Certificate of Appropriateness (CCOA) to permit the expansion of an existing mixed use building to include a parking garage, parking lot, three commercial spaces, residential amenities, and 12 residential units. 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 had 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 are imposed. Therefore, being fully advised of all matters having come before her 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 ______ day of ________________, 2022, the Interim 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. INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. The following conditions of approval and code corrections are required: 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. BMC 38.530.070. The design of the murals on the north and south elevations must be finalized and approved prior to certificate of occupancy. 3. BMC 38.540.050.A. All elements of the car sharing management plan provided by the applicant and approved by the Interim Director must be in place prior to final occupancy of the building. 4. BMC 38.540.020.J. The applicant must submit final plans and specifications for the alternative to the concrete curb around the surface parking lot within one year of this approval. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 4 of 20 CODE PROVISIONS 1. BMC 38.540.010.A.2. Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building construction, an occupancy permit may not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 5 of 20 Figure 1: Current Zoning Map Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 6 of 20 Figure 2: Future Land Use Designation Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 7 of 20 Figure 2: Proposed site plan Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 8 of 20 Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 9 of 20 Figures 3-4: Elevations Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 10 of 20 Figure 5: Parking Analysis Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 11 of 20 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning Northeast Historic Mixed Use District (NEHMU) Yes Comments: The intent of the northeast historic mixed-use district is to provide a variety of non-residential and residential uses. This application proposes a mixed-use development of non-residential and residential uses. The Community Commercial Mixed future land use designation encourages higher density, multi-story buildings, residences on upper floors, and an urban character. This project is an infill development as it is changing from a two-story building to a three-story building and adding additional uses. Staff finds that the project does contribute to the goals of the growth policy including the following:  Goal N-3: Promote a diverse supply of quality housing units. This project proposes to add 12 residential units on the second and third floor of the building. It will contain eight 2-bedroom units and four 3-bedroom units.  Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. This project increases density and offers a mix of uses that will contribute to the products and services available in the Northeast Neighborhood.  Goal M-1.1: Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. As stated above this project proposes to provide housing in close proximity to jobs and services within the existing mixed-use land patterns. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Condominium ownership is not proposed with this application. If units will be sold off as individual condo units, a condominium ownership agreement is required. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None NA Comments: NA 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 12 of 20 Comments: The development of this project will be done in one phase. Certificate of Appropriateness 38.340 Yes Comments: See section 11 below for further analysis 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed Use: Commercial, Artisan Manufacturing, Residential Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front 15 feet 15 feet Rear 3 feet NA Side 3 feet NA Alley 5 feet NA Comments: The intent of the NEHMU zone district is to provide a blend of residential and non-residential uses. Apartments are an accessory allowable use in the NEHMU zone district meaning they must be less than 50% of the gross floor area and cannot be located on the ground floor. The residential units are located on the second and third floor and only comprise of 45.4% of the building. The lot is across the street from the R-2 zone district requiring the setbacks to be the same as the residential district. The R-2 front setback is 15 requiring the building to be set back that far from the property line. The proposed setbacks meet the NEHMU zone district standards. Lot coverage 71.9% Allowed 100% Yes Building height 50 feet Allowed 50 feet Yes Comments: The building height and lot coverage is met. Applicable zone specific or overlay standards 38.330-40 Yes Comments: See section 11 below for further analysis. General land use standards and requirements 38.350 Yes Comments: Parapet walls can extend four feet above the height of the building. The parapet wall extends four feet above the maximum height. Elevator and stair penthouses are exempt from height limitations as long as they do not exceed 50 percent of the corresponding street frontage line. The elevator and stair penthouse extends 11 feet above the allowable building height. 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 Affordable housing plan NA Comments: NA 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements NA Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 13 of 20 Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: The subject property is an infill site and is located on the corner of North Wallace Avenue and East Peach Street. Wallace Avenue is a local street and East Peach is a collector street. A Trip Generation report reviewed by the Engineering Division evaluated the proposed additional uses and found that the trip generation study meets City standards and the intersection can adequately function. Sidewalks 38.400.080 Yes Comments: The building connects to the public pedestrian system currently along Wallace and Peach. These sidewalks meet city standards. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: With the expansion of the building, the drive access off Peach Street will not exist. An existing 16-foot alley to the north of the property will take place of the access off Wallace to the south. This alley grants access to the parking garage and parking lot. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: The existing sidewalk will adjoin the plazas to the west and south that will provide pedestrian access to each tenant space and to the residences. In order to accommodate multimodal transportation, no parking is allowed along Peach Street. A bike lane which is consistent with the 2017 Transportation Master Plan will be provided. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Not applicable since the property is under an acre. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: Not applicable since the lot already exists and meets block length standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: Infrastructure for utility service evaluated by the City’s Engineering Division is adequate. There is a utility easement on the southeast corner of the site, which is recorded with the Clerk & Recorder. Municipal infrastructure requirements 38.410.070a Yes Comments: The property is adjacent to the public utilities such that service connections are adequate. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 14 of 20 Comments: The stormwater maintenance plan outlines a subsurface storage and infiltration system. Applicant has requested a deviation from BMC 38.540.020.J for there be no curb and gutter around the surface parking lot since there are adequate slopes to provide drainage away from the area of the parking lot and building. The Interim City Engineer grants this request with the condition that the applicant must submit final plans and specs within one year of approval. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .323 X 12 units/ac. X 0.03 ac.= .12 acres Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: Parkland is satisfied via CIL equating to $10,486.50. This fee was paid. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Since there is no dedicated parkland or trails, this section is not applicable. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed Yes Departure criteria 38.520.040.D. Pathway Design Yes Comments: Peach and Wallace are classified mixed block frontage; however, since article 3 zone district provisions apply for the NEHMU zone district, the building must adhere to a 15-foot setback (see section 5 above). This requires the applicant to comply with landscape block frontage. Building entrances are directly accessible and visible from the street into the commercial spaces. The parking area is behind the building and enclosed in a parking garage. Documents and drawings show that the building meets the required standards for Mixed and Mixed-Landscaped including landscaping, transparency, and ground level uses. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: This corner is a highly trafficked pedestrian area in the Northeast Neighborhood. The expansion of the building provides enhanced sidewalk connections, plazas, and patios. Access to the residential units on the second and third floor is through a private lobby entrance on the main floor. Applicant requested a departure from 38.520.040.D, pathway design, which requires separation between the pathway and building with three feet of landscaping. The pathway along the north side of the building abuts the alley. The north elevation provides treatment of higher quality materials and design that will enhance the pedestrian experience and fit in with the overall character of the northeast neighborhood. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 15 of 20 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 57 Parking requirements residential 38.540.050.A.1 28 Reductions residential 38.540.050.A.1.b 19 Provided residential 9 Comments: Prior to reductions, 28 stalls are required as outlined below: Residential Reductions. This project is a mixed-use project as the non-residential portion of the building is 55.6% of the total square footage. The ratio between the required residential and non-residential parking has a ratio between 1:1 and 1:3, The Development Review Committee agrees that the pedestrian experience is adequately enhanced through the proposal and recommends approving the departure request. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Vehicular access to the property is through the alley on the northwest corner. On-site open space 38.520.060 Yes Total required 1850 SF Yes Total provided 2552 SF Yes Comments: Open space is only required for the residential uses. Commercial open space is not required since the lot is less than one acre. The residential open space requirement is satisfied via the ground level plaza (864 SF), private balconies, and a roof deck (737 SF). There is an interior courtyard along Peach, which will also service the commercial uses on the ground floor. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: There are utility meters on the north elevation incorporated into the design of shell A along the alley. Landscape screens all service areas on the site. The refuse service area is located interior of the building. Solid Waste reviewed the location of the refuse enclosures and found it to be appropriate for them to service. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Building design within the NCOD must fit within the character of the district. See section 11 below for further analysis. To mitigate for blank walls, the applicant identified murals on the north and south elevations. Condition of approval number 2 requires City approval of these designs prior to final occupancy. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 16 of 20 which allows for a 50% reduction bringing the required residential parking spaces to 14. A car-sharing agreement proposes to reduce 5 parking spaces. The car share space is located in the parking garage. The Interim Director of Community Development approved the car share program and management plan. Condition of approval number three requires that all elements of the management plan must be in place prior to the final occupancy of the building as outlined in Administrative Policy No. 2017-01. Parking requirements nonresidential 38.540.050.A.2 29 Reductions nonresidential 38.540.050.A.2.c 8 Provided non-residential 21 Comments: Over the course of the review, shell A, B, and C continued to change use types initially requiring more parking than provided. The final identified nonresidential uses include two restaurants (Finks and Wild Crumb) and four artisan manufacturing spaces (Wild Crumb prep area, shell A, B, C), and outdoor seating area for the restaurants. Prior to the reductions, 29 spaces are required as outlined below (excerpt from application): Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 17 of 20 Non-Residential Reductions. Six enclosed bicycle parking spaces, a non- residential shower area, changing area, and five clothing lockers located on the site allows for a ten percent (three parking spaces) reduction of the required parking spaces. The additional landscaping provided allows for a five stall reduction. 1750 square feet of landscaping is required for this reduction and the project includes 2526 square feet along Wallace and 2416 square feet along Peach equating to 4943 square feet. Total required after reductions 30 Provided off-street 29 Provided on-street 3 Comments: On street parking directly adjacent to the lot can count towards residential parking requirements as long as the number of on-street spaces does not exceed the number of dwelling units. Three on-street parking spaces are on Wallace, which does not exceed the 12 residential units. The final parking calculation on parking analysis plans G-010 and G-011 shows 15 spaces in the open lot, 14 in the enclosed garage, and 3 on Wallace Street equating to 32 stalls. One stall in the parking garage is for the car-share. A parking narrative provided on December 13, 2021 details all calculations which staff finds to be adequate. To account for the parking during construction, an off site parking agreement dedicates 12 parking stalls on the corner of Ida Avenue and East Cottonwood Street. Bicycle parking 38.540.050.A.4 5 (10% of required parking) Comments: In total, there are 20 bicycle parking spaces, ten are covered and ten are uncovered. 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 Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 18 of 20 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 Yes 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: All proposed landscaping is drought tolerant. There are three existing street trees along East Peach preserved and two more planted. There are two street trees along North Wallace preserved and two more planted. The existing west lawn will have enhanced landscaping and the plazas along the south incorporate landscaping and trees into the shared open space. 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 NA Proposed SF/building NA NA Comments: No signage is proposed at this time. A sign permit is required prior to the construction of any new signage. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: There is full cut off building lighting at the entrances. There is no proposed site lighting. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: The subject property is not located within a floodplain or it wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public comment notice periods are detailed on page 1 of this report. There were two public notice periods. 16 letters of public comment were received within the public notice period and are summarized by topic below:  Parking. Over the course of the review of the project, the parking calculations continued to change based on the commercial tenant use. During the first public notice period, errors in the parking calculations were identified resulting in a second notice period. Staff has found that the final parking calculations meet standards and that the reductions proposed are allowed as outlined in section 7d above. Parking will be continuously reviewed as tenant improvement building permits are submitted. See code provision number one above.  Traffic congestion and safety. The traffic impact study (TIS) reviewed by the City’s transportation engineer was found to meet adopted standards and code requirements. The TIS addressed the Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 19 of 20 BMC characteristics and the criteria outlined by the City’s transportation engineer. See analysis above in section 6a for more details.  Neighborhood character. The applicant has proposed a development that meets NEHMU and NCOD design standards. See section 11 below for COA criteria, section 7c for building design criteria, and section 5 for form and intensity standards. An attached matrix details the public comment by individual commenter. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: A separate subdivision exemption application (#21306) has been approved to adjust lot lines. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards for new construction Yes Architectural appearance 38.340.050.B Yes Comments: The proposed project is located within the NCOD. This means that the project must adhere to a higher level of design, focusing on the relationship of the surrounding area and maintaining a level of integrity and character that makes up the NCOD. The addition to the existing building is appropriate and compatible with the original design and the character of the Northeast Neighborhood. See section 12 below for individual characteristics of how the building meets the design standards.  Materials. The materials on the existing building include brick, metal, and wood that are being expanded upon with the new design. Review of demolition of non-historic structures or sites 38.340.100 Yes Comments: The existing storage tanks and warehouse are not historic based on the architectural inventory form from 1984 and the fact that the historic integrity of the property is not retained. The existing structure does not meet the definition of a historic structure since it is less than 50 years old. 12. Conformance with the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Meets Code? Introduction Yes Comments: The introduction to the 2006 Design Guidelines for Historic Preservation contains an overview of preservation goals within the Neighborhood Conservation Overlay District (NCOD), as well as an outline of the Certificate of Appropriateness design review system. Preservation principles and goals are not applicable to the proposed project since the existing structures are not historic. Chapter 2: Design guidelines for all properties Yes Comments: Chapter 2 of the Design Guidelines applies to all properties within the NCOD whether they are historic or not historic. The guidelines to meet these goals are described below:  Topography. The site work maintains the existing topography.  Street Patterns. The proposed building maintains the historic settlement pattern of the NEHMU zone district adjacent to a residential zone district by being set back 15-20 feet.  Alleys. The scale and width of the 16-foot alley to the north will be continued.  Streetscape. The sidewalk, planting strips, and street trees are being preserved.  Landscape Design. The existing mature trees are incorporated into the landscape design.  Building Form. The building addition maintains the visual continuity of the existing building with a rectangular shape and flat roof. Staff Report Wildlands Development SP/CCOA Application 21326 January 28, 2022 Page 20 of 20  Solid-to-Void Ratio. The building addition continues the solid-to-void ratio that is on the existing building. The glass is divided into smaller panes that is typical for the commercial buildings in the area.  Materials. The primary materials used are wood, brick, and metal that is present on the existing building and on the commercial buildings in the area. The industrial nature of the northeast neighborhood consist of metal, wood, and brick materials.  Architectural Character. The existing building was constructed in 2002 making it not a historic structure. The new construction is distinguished from the historic structures in the area, but the contemporary design creates a compatible style within the neighborhood.  Parking. The parking lot is located interior to the block off the alley, which minimizes the visual impact.  Buffers. Landscape buffers are used around mechanical equipment and service areas.  Site Lighting. The building lighting is full cut off.  Utilities and Service Areas. The service areas are oriented towards the back of the property off the alley and screened with landscaping. Chapter 4: Guidelines for the Commercial Character Area Yes Comments: Chapter 4 of the Design Guidelines apply to all commercial buildings in the NCOD. The guidelines to meet these goals are described below that aren’t outlined in chapter 2:  Mass and Scale. The expansion of the building adds a third story. The NEHMU zone allows for a building up to 50 feet. The building is split into separate modules with different materials, window design, façade height, and decorative details that helps maintain the average perceived size of the building at the sidewalk. The building incorporates a base, middle, and cap that reinforce the visual continuity of the area.  Horizontal Alignment. The horizontal alignment of the existing building is maintained with the expansion. There is variation incorporated that is also seen in the buildings in the area.  New Storefront Character, Awnings and Canopies. These sections do not apply since the property is not located downtown.  Site Furniture. Site furnishings are located in the public open spaces of the project. Appendices NA Comments: The Secretary of Interior’s Standards for Rehabilitation does not apply since the structures are not considered a historic or contributing building.