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HomeMy WebLinkAbout21480 Staff Report FINAL Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 1 of 22 Application No. 21480 Type Site Plan Project Name Bozeman Design Center Summary This site plan application proposes the construction of a three-story retail and office building on Lot 1, Block 2 of the Ferguson Farm Subdivision. This proposed development includes the construction of joint use parking spaces, commercial open space areas, and associated design and infrastructure improvements pertaining to the landscaping, irrigation, lighting and pedestrian pathways. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size 1.49 acres Overlay District(s) None Street Address 735 Boardwalk Avenue, Bozeman, MT 59718 Legal Description Legal Description: Lot 1, Block 2 of Ferguson Farm Subdivision, Acres 1.4851, of Plat J-563, located in Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Steve Langlas, Bill & Tidds Excellent LLC, 1019 East Main Street, Bozeman, MT 59715 Applicant Kylee Keller, Studio H Design, 81211 Gallatin Road, Suite E, Bozeman, MT 59718 Representative Ryan Hudock, IMEG, 1019 Stoneridge Drive, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 09/29/2022 to 10/13/2022 09/29/2022 09/29/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 01/19/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 07/13/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 09/15/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 09/23/2022 Adequate for Further Review With Applicable Conditions and Code Provisions Community Development Board (Design Review Board) 10/17/2022 Recommended approval of the application with submitted departure Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development Date: 10/19/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 2 of 22 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 of Bozeman a Site Plan (SP) to permit the construction of a three-story retail and office building on Lot 1, Block 2 of the Ferguson Farm Subdivision. This proposed development includes the construction of joint use parking spaces, commercial open space areas, and associated design and infrastructure improvements pertaining to the landscaping, irrigation, lighting and pedestrian pathways. The purposes of the Site Plan review is 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 comply with the requirements of the BMC if certain conditions were imposed. 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, 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 19th day of October, 2022, Anna Bentley, Interim Director of Community Development, or her designees, approved with conditions and code provisions 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 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 OR HER DESIGNEES Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 3 of 22 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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. For any transparent design elements such as windows and doors, please provide a glass sample and corner window sample prior to the approval of a building permit for this proposed development. 3. Please provide clear explanation of how the changes in the joint use parking agreement modification will impact provide parking to serve this site. From the last response on how parking is provided, parking from Town and Country is being utilized the serve this site. If this is still the case, this project will be stuck in preliminary approval until 1) the modification receives final approval, and 2) Town and Country is built with the parking needed to serve this project. 4. Please correct the weather protection call out on Sheet A3.02 to reflect “North” instead of “South”. CODE PROVISIONS 1. BMC 38.230.150 - Amendments to plans. A MSP Modification (Project No, 22042) has been reviewed and conditionally approved to address changes in the joint use parking plan and tracking mechanism and the proposed building’s use (grocery store to office/retail) for Ferguson Farms 1. All of the conditions listed in the conditional approval letter for Project No. 22042 must be addressed and final approval must be granted prior to final approval of this Site Plan. a. In a future modification or in completing the final conditions of the most recent modification application, please include the newly proposed parking spaces to the west of this building on the Master Site Plan and ensure those parking spaces have been included in the joint parking agreement/tracking table. 2. BMC 38.350.050.D.2.a. Height limitations. The parapet walls/mechanical screening mechanism on the roof cannot extending more than four feet above the limiting height of the building. Please redesign this feature to be in conformance with this provision. 3. BMC 38.410.130 - Water Rights. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to site plan approval. 4. BMC 38.510.030.B.3.d. Parking location departure. Please apply for a departure for the proposed parking location to the west of the proposed building as this does not meet the Storefront standards as these areas are limited to 60' of street frontage. a. Staff would support this departure as there is an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. As well as the design mitigates the visual impact of additional parking areas along designated storefront streets. 5. 38.540.050.A.2. Required Parking Spaces for Non-Residential Uses. Only 118 parking spaces are required based on the proposed square footage for each use and the .85 factor required to be used in the code. Please revise the parking calculations accordingly or provide a clear explanation to why extra parking spaces are being provided. Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 4 of 22 6. BMC 38.540.060. Joint use of parking facilities. Please provide clear explanation of how the changes in the joint use parking agreement modification will impact provide parking to serve this site. From the last response on how parking is provided, parking from Town and Country is being utilized the serve this site. If this is still the case, this project will be stuck in preliminary approval until 1) the modification receives final approval, and 2) Town and Country is built with the parking needed to serve this project. Additionally, please verify that the newly proposed parking lot spaces are included in the joint use parking mechanism. 7. Sec. 38.570.040.B. Building entrances. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) must average 5.0 maintained footcandles. The building entrances do not meet the 5.0 maintained footcandles average based on the latest revision (ranges form 5.4 to 5.8). Please amend the plan accordingly to ensure that the average is exactly 5.0 footcandles in these areas. ADVISORY COMMENTS: These comments may need to be addressed in future applications. 1. The City of Bozeman and the State of Montana have adopted the new ICC 2021 Building Codes and construction documents will be reviewed under these newly adopted codes. 2. DSSP Plans and Specifications Review Policy A. Plans, specifications, and submittals for fire lines must be submitted to the City Engineering Department for infrastructure review. Infrastructure review is now being conducted using ProjectDox. When you are ready to submit for fire line review, please do so through the OAS system: https://bozeman-mt-us.avolvecloud.com/Portal/Home/ServiceScreen. 3. BMC 38.560.080 - Comprehensive sign plan. Signage is not approved in this SP application. A comprehensive signage plan is required for the multi-tenant building, and separate building permits for signs are required. Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 5 of 22 Figure 1: Current Zoning Map Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 6 of 22 Figure 2: Community Plan Designation Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 7 of 22 Figure 3: Proposed Site Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 8 of 22 Figure 4: Proposed Utility Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 9 of 22 Figure 5: Proposed Landscaping Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 10 of 22 Figure 6: 1st Level Floor Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 11 of 22 Figure 7: 2nd Level Floor Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 12 of 22 Figure 8: 3rd Level Floor Plan Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 13 of 22 Figures 9 - 12: Elevations Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 14 of 22 Figure 13: Material Palette Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 15 of 22 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 B-2 (Community Business District) Yes Comments: The uses as denoted within the SP submittal are allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. The proposed uses of the site are consistent with the allowed uses of the B-2 district. No specific conflicts identified. Additional steps will be required including but not limited to the approval of building permits. 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. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: 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. 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: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Offices, professional and business Yes Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 16 of 22 Retail Personal and convenience services Warehousing – supporting use of retail Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front 0 feet – Block Frontage 0 feet – Block Frontage Rear 10 feet 8 feet Side 5 feet 8 feet Alley N/A N/A Comments: The proposed setbacks meets all B-2 zone district standards with a 0’ front setback along Boardwalk Avenue to the east and Valley Commons Drive to the north as the Storefront block frontage designation requires building placement to be at the front property line or back edge of the sidewalk. The side setback along the south façade is 5’, which is met as the building placement is approximately 110.5 feet from the property line. The rear setback along the west façade of 10’ feet is also met as the building placement is 124.9 feet from the property line. The parking and loading areas are subject to the Storefront Block Frontage standards for the front setback in addition to the other Sec. 38.320 provisions. Per the Storefront Block Frontage standards, new surface parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60 feet of street frontage and must provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. In conformance with the Ferguson Farm Phase 1 MSP, the proposed parking spaces along the southern portion of the building are located to the side of the structure and only takes up 8 feet of the frontage along Boardwalk Avenue. The newly proposed parking spaces along the western portion of the building are located to the rear of the structure and take up more than 60’ of the frontage along Valley Commons Drive. The applicant must apply for a departure from this requirement in order to allow this parking location as proposed. B-2 requires minimum setbacks of 8 feet for the rear and side for parking facilities As parking layouts have been previously approved as a component of the Master Site Plan, these parking locations are acceptable. Additionally, side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties are provided. There is a joint use parking tracking mechanism and agreement that facilities parking within this subdivision. The primary frontage for the subject property is along Valley Common Drive, with the secondary frontage along Boardwalk Avenue. The block frontage designation for both of these corridors is Storefront Block frontage. There is a 30’ utility easement along the southern property boundary within the parking lot area. The proposed development indicates vehicular access to the northwest and east of the subject property. Lot coverage 27% Allowed 100% Yes Building height 50’ from flat roof, 55’ from roof screen Allowed 50’ with roof pitch <3:12 60’ with roof pitch > 3:12 No Comments: The peak of the flat roof is at approximately 50’ in height. The B-2 zoning district has a height exception, which denotes that the maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. This provision is not applicable as the designation is Community Commercial Mixed Use. Mechanical screening is a permissible height exception per the BMC and are located Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 17 of 22 within the middle of the roof of the proposed building further obstructing visibility from the public view’s and upper floors of near by buildings. However, these are in excess of 1’ and must be redesign accordingly to meet this provision. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 Yes Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 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 Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Peak trip generations were provided, reviewed, and deemed sufficient by the City’s Engineering Department. A traffic impact study was deemed not necessary for this SP submittal based on the data provided. Sidewalks 38.400.080 Yes Comments: City standard sidewalks are proposed along Boardwalk Avenue and Valley Commons Drive. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Boardwalk Avenue and Valley Commons Drive. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. 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 N/A Comments: There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. The applicability of provisions related to Sec. 38.410.020 were reviewed, if applicable, during the applicable master site plan process associated with the overall Ferguson Farms 1 Subdivision, which was waived since this is a commercial subdivision. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable master site plan process associated with the overall Ferguson Farms 1 Subdivision. The proposed pedestrian pathway along the southern portion of the building will connect to existing development to the east and the existing sidewalks to the north and east of the building will provide for Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 18 of 22 pedestrian access to the building as well as the existing access to the trail along Huffine Lane and other businesses in the Ferguson Farms 1 Subdivision. 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 N/A 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 Yes Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Applicable cash in lieu of water rights were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the approval of this SP. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above- mentioned requirements may be included in this staff report. Requirements for municipal infrastructure have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Stormwater is not under the purview of the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a commercial development, and does not trigger parkland dedication, which was reviewed for applicability during the master site plan process associated with the overall Ferguson Farms 1 Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Storefront – Boardwalk Avenue Storefront – Valley Commons Drive Yes Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 19 of 22 Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the “Storefront” block frontage provisions in BMC 38.510 for Boardwalk Avenue and Valley Commons Drive. Ground floor land uses are permitted per the B-2 zoning district. The floor to floor height of the ground floor is a minimum of 14’ which is in conformance with the previous standard of 13’ approved in the BMC. Based on the submittal date of the application, this provision was applicable and the applicant did not have to conform to the new standard. The non-residential space depth meets the minimum 20’ on all floors of the building. Building placement, building entrances, and façade transparency requirements are in conformance with the BMC. The north elevation meets the 60% of ground floor transparency requirement between 30” to 10’ above the sidewalk for the primary façade. The east elevation meets the 40% of ground floor transparency requirement between 30” to 10’ above the sidewalk for the secondary façade. Table 1: Transparency Calculations Weather protection with the 8 – 15’ vertical clearance of at least 5’ in average depth along at least 60% of the north primary façade. As previously mentioned, new surface parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60 feet of street frontage and must provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. In conformance with the Ferguson Farm Phase 1 MSP, the proposed parking spaces along the southern portion of the building are located to the side of the structure and only takes up 8 feet of the frontage along Boardwalk Avenue. The newly proposed parking spaces along the western portion of the building are located to the rear of the structure and take up more than 60’ of the frontage along Valley Commons Drive. Sidewalk widths along both the north and east facades meet the 12 feet minimum between curb edge and storefront requirement. 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 N/A 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, with departure Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the exist public sidewalks along Boardwalk Avenue and Valley Commons Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 20 of 22 Drive. The design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, have been met. Departure: The applicant sought a departure from the tree average spacing standard in BMC 38.520.040.D.4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in length abut parking lots. This provision denotes that trees within these pathways must be placed at an average of 50 feet on-center and placed in grates or in planting strips as set forth in the BMC. The departure criteria allows for breaks in the tree coverage near major building entries to enhance their visibility. The applicant requested a departure from the tree requirements along the southern façade of the building. The applicant requests to have increased spacing between tree grates more than the typical 50- foot spacing due to the client’s desire for enhanced building entrance visibility. The sidewalk on the south side of the building as proposed is only 11.6’ wide, which is in conformance the previously approved Master Site Plan and the existing sidewalk to the east along the Market at Ferguson Farms in which this pedestrian pathway will connect to. Staff acknowledges and supports the departure request for the tree placements along the southern side of the facility as the proposed design and justification provided by the applicant meets the departure criteria denoted in Sec. 38.520.040.D.4.b. The proposed tree grate locations along this area allows for the three building entrances to be more visible while providing adequate tree coverage along this façade in tune with the existing trees along the existing sidewalk to the east along the Market at Ferguson Farms. Building. Though these entrances are not major, due to their orientation towards these parking spaces, and Huffine Lane, this area may function as a major entrance point for those visiting the subject property. The sidewalks along internal drive aisles and abutting parking spaces were previously approved at 10’ in width in the Ferguson Farms Master Site Plan. Staff supports the proposed sidewalk along this façade to be less than 12’ in width to be consistent with the existing pathways within the overall development. On October 17, 2022, The Community Development Board (CDB) acting in their capacity as the Design Review Board (DRB) reviewed this application with the inclusion of this departure and recommended approval, 8 – 0. The DRB finds that the design and justification as presented by the applicant meets the departure criteria. 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 Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the master site plan process for the Ferguson Farms 1 Subdivision. On-site open space 38.520.060 Yes Total required 2.0% 1,294 sf Total provided 2.2% 1,371 sf Comments: Usable commercial open space is required for this proposed development equaling at least two percent of the site area. This has been met in conformance with the provisions of this section of the BMC. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements of the location and design of service areas, and mechanical equipment have been reviewed for conformance and satisfied within this SP application. 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 Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 21 of 22 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 118 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 138 Provided on-street N/A Bicycle parking 38.540.050.A.4 12 (required) / 14 (provided) Comments: The proposed parking meets minimum requirements for the non-residential uses of warehousing, storage, and handling of bulk goods (accessory) (1 space per 1000 sf), retail store and service establishments (1 space per 300 sf) and offices (except medical and dental) (1 space per 250 square feet of floor area) use on the 1st, 2nd, and 3rd floors. The applicant has provided 138 parking spaces consistent with the requirements denoted above, however, only 118 spaces are needed. Staff has requested additional clarification for parking spaces and the joint use parking facility agreement to ensure that these vehicular parking spaces are provided accordingly and in the appropriate timeframe for development sought by the applicant. Please see page 4 for conditions and code provisions related to this clarification. The applicant has provided the required 10% bicycle spaces per the BMC, with 14 bicycle spaces to be installed near the entrances of the building. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There are no proposed loading berths to serve this proposed building. 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 Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this SP application. Each façade of the proposed building exceeds the minimum of three articulation features for every 60 feet per Sec. 38.530.040.B. as the design utilizes windows, entries, weather protection, and changes in building materials, siding style and colors to provide a human scaled pattern. The north facade meet the 150 feet maximum façade width standard in Sec. 38.530.040.E. by incorporating the use metal panel and common brick to contrast the building into three distinct area. Though not required along the south façade, this elevation use a similar design pattern with the inclusion of windows of different sizes and designs to break up the building’s massing and add visual interest. These design elements eliminate any blank walls. The design of windows, metal panels and other building materials meet the provisions denoted in the above mentioned sections of the BMC. Staff Report Bozeman Design Center Site Plan Application 21480 October 19, 2022 Page 22 of 22 Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 400 sf per lot N/A Proposed SF/building N/A N/A Comments: A maximum 400 square feet per lot is allowed in the B-2 district. The placement, size, and details regarding signage were not reviewed for conformance with BMC 38.560 nor approved within this SP application. All signage will be reviewed and approved as part of a separate signage and building permit. A Comprehensive Signage Plan (CSP) prior to any approval of a sign permit is required for this subject property as more than two tenants will be utilizing this space. Please see the Advisory Comments on page 5 for more information on the CSP requirement. 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Lighting has been proposed within this application and is in conformance with Sec. 38.570. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the master site plan process. Any changes have been indicated as part of the infrastructure plan submittal concurrently applied for with this application. No impacts to surface waters and floodplains were identified. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred September 29, 2022 to October 13, 2022. The property posting and mailing to adjacent owners occurred on September 29, 2022. No public comments have been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements N/A Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division.