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HomeMy WebLinkAbout22156 Staff Report Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 1 of 16 Application No. 22155 Type Site Plan, Commercial Certificate of Appropriateness Project Name Wallace Works Summary New construction of five buildings that include a parking garage, residential units, and commercial spaces. The residential component includes 58 units - 11 rowhomes, 5 live-work units, and 42 one-bedroom and studio apartments. The project also includes street level leasable commercial storefronts along Wallace Avenue and Tamarack Street. The parking garage contains 200+ parking spaces. The property is located in the NCOD and in the Bozeman Brewery Historic District. Zoning NEHMU Growth Policy Community Commercial Mixed Use Parcel Size 64,251 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 801 N. Wallace Avenue Legal Description Lot 2 & 3 of Plat C-23-A18, Lot 2 of Plat C-23-A16, & Tract 1 of Minor Subdivision No. 3, City of Bozeman, Gallatin County, MT Owner Bangtail Partners, LLC, 113 E. Oak Street, Suite 4B, Bozeman, MT 59715 Applicant Flato Architects, 900 Isom Road, Suite #110, San Antonio TX 79212 Representative Nest Partners LLC, 113 E. Oak Street, Suite 4B, Bozeman, MT 59715 Staff Planner Sarah Rosenberg Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 1/9 – 1/24/2023 1/9/2023 1/9/2023 NA Advisory Boards Board Date Recommendation Development Review Committee December 21, 2022 Adequate Community Development Board January 23, 2023 Approval Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262033 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 3 of 16 b. Street improvements to E Tamarack St between N Tracy Avenue and L Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to E Peach Street between N Tracy Lane to Plum Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to L Street between E Tamarack St and E Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Oak Street and Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Peach St and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at E Tamarack St and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at E Tamarack St and L Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. DRAFT CODE PROVISIONS 1. BMC 38.250.060. The applicant must pay the departure fee prior to final site plan approval. 2. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 3. BMC 38.420.030 - The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 4. BMC 38.240.350. A subdivision exemption application is required for the lot merger. It must be filed prior to final site plan approval. Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 5 of 16 Figure 2: Community Plan Future Land Use Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 6 of 16 Figure 3: Proposed site plan Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 7 of 16 Figure 4: Elevations Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 8 of 16 Figure 5: Conceptual Renderings Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 9 of 16 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance 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 NEHMU (Northeast Historic Mixed Use District) Yes Comments: Growth Policy - Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The proposal supports the goal of higher density and mixed-use development by the CCMU land use designation. The net residential density is 40.2 dwelling units per acre. Zoning District - Northeast Historic Mixed Use: 1.The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district.2.The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and special uses. The proposed use supports an integration of both non-residential and residential uses that fits into the area of the Northeast neighborhood. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with future submittal Comments: A separate Condominium Review (CR) is required to create condominiums. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations on the subject property Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 10 of 16 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 Comments: The site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how each criteria is met in the articles Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The use is allowed by right and no CUP or SUP is required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed use – apartments, rowhouses, commercial, parking garage Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage under Section 7a Refer to block frontage under Section 7a Rear 3’ NA Side 3’ NA Alley 5’ NA Comments: There are five buildings on the site that total 146,034 gross square feet of new construction. Two rowhouses, a bodega, a mixed use building with commercial on the ground floor and three levels of residential above, and a parking garage wrapped with commercial on the north side facing Tamarack Street and work live studios on the ground level of the south side and residential units on the three levels above. The commercial use, inclusive of the commercial parking structure is 99,229 square feet. There are 58 residential units total, which totals 46,805 square feet. Building A (multi-family) includes four studio units. Building B (multi-family) includes 16 one-bedroom units, 5 live-work units, and 22 studio units. Building C (rowhouse) includes two two-bedroom units and four one-bedroom rowhouses. Building D (rowhouse) includes five two-bedroom units. The proposed buildings meet setback requirements. Lot coverage 59% total Allowed: 40-100% Yes Building height 22’-50’ Allowed: 40’-50’ Yes Comments: Lot coverage and building height is determined based on the use of the building. The rowhomes can only account for 40% of the lot coverage and the rest of the buildings can cover 100% of the lot. In total, the lot coverage is 59% and the rowhomes cover less than 40% of the lot. Residential specific units follow R-2 standards that allows buildings with a roof pitch 3:12 or greater to be 40’ tall. The two townhomes are 22’ tall. Non-residential buildings can be 50’ tall. The bodega is 25’ tall, and the mixed-use building and parking garage are 50’ tall. Applicable zone specific or overlay standards 38.330-40 Yes Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 11 of 16 Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 and 12 below for full analysis. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse/rowhouse dwellings Yes Comments: Two of the buildings are rowhouses and meet the standards outlined in Section 38.360.250. Each unit opens up onto a central pedestrian plaza. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 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 NA Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic impact study by TD&H Engineering was submitted to the Engineering Division who determined the findings of the study to be adequate for the proposed use. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads. The existing sidewalks along Tamarack and Wallace will be replaced and widened. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Aspen Street on the south is a vacated city street with a mutual access agreement. Access to the parking garage is from Tamarack Street. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The lots exist and meet standards. A subdivision exemption is required to merge the lots. 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 Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 12 of 16 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, with code requirement Comments: A Water, Sewer, and Storm Design Report was prepared by TD&H Engineering. It is still being reviewed by the Engineering Division. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the 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 Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: A Stormwater Plan was prepared by TD&H and approved by the City for the proposed project. The proposed storm water management system includes stormwater conveyance paths and pipes within the property, the subsurface retention chambers and inlets/manholes south and east of the parking structure, a floor drain within the southeast corner of the parking structure, and the existing PVC stormdrains in the ROW north and east of the property. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There is no watercourse on the property. 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 12 units/ac. X 0.03 ac.= 22,652 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (22,652) = $52,100 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This CIL is required to be paid prior to final plan approval per Code Requirements Number 3. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing CIL of parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed/Landscape Yes Departure criteria Front orientation of a building Yes with code requirement Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 13 of 16 Comments: Tamarack Street, Wallace Avenue, and Aspen Street are considered mixed block frontage. The applicant has chosen to utilize landscape block frontage as the option to comply with mixed. Building placement: All buildings are meeting minimum 10’ building setback along the Landscape block frontage designations. This also accommodates the 10’ utility easement on all street facing property lines. Building entrances: The buildings have entrances facing the streets. Façade transparency: All buildings with non-residential uses require at least 40% transparency are met. Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: All parking is within the parking garage. Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building. Sidewalk width: The existing sidewalk along Wallace and Tamarack will connect to a larger pedestrian plaza. A new 5 foot sidewalk along Aspen will be installed that has sections that open onto a larger pedestrian plaza. Departure Request: The applicant proposes a departure from Section 38.510.020.F.1(d) that states front orientation must be towards the street on Building D (rowhouse) where the front entrance faces an open courtyard rather than Aspen Street. The applicant’s argument is that the easement along Aspen Street prohibits any structures to be placed within it and that the entrance facing the courtyard still meets the intent of the code. Staff supports this departure request. As outlined in code requirement 1, the applicant must pay the departure fee prior to final site plan approval. 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: The proposed development conforms to requirements of Section 38.520. The buildings are connected to on-site amenities both on and off the property. 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: Requirements of BMC 38.520 such as design of vehicular circulation systems were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes Total required 4700 SF for multi-household, 10% for rowhouses (1021.4 SF), 2% for commercial uses (1254 SF) Yes Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 14 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 125 Yes Parking requirements residential 38.540.050.A.1 84 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 48 Reductions nonresidential 38.540.050.A.2.c 40 (15% for structure parking) Provided off-street 216 Provided on-street NA Bicycle parking 38.540.050.A.4 22 Yes Comments: All parking is located within the parking garage and also serve as parking for the area. Bicycle parking is located along the sidewalks and enclosed in the parking garage. 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 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 NA Additional screening NA 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 Yes Total provided 4700 SF for multi-household, 1070 SF for rowhouses, 1255 SF for commercial Yes Comments: This proposal meets the open space criteria. The multi-household dwelling open space includes balconies, a roof deck, and ground level open space. The rowhomes include front porches and the commercial space includes a central pedestrian plaza. The common open spaces are centrally located throughout the development. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located in an enclosed space off the parking garage towards Tamarack and a screened area along Aspen Street. Utility meters are screened by landscaping. 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: All of the buildings on the property adhere to the building design standards. Each building design implements a variety of architectural features to achieve “repetition by variety” including building articulation, change in materials, use of weather protection features, and change in window size and placement. There is a cohesiveness amongst each of the buildings that responds to the site’s context but also a distinguishable difference amongst the uses and how it fits into the overall neighborhood. Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 15 of 16 Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along Tamarack, Wallace, and Aspen. 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 Proposed SF/building NA Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 7g. Conformance with Article 5 – Lighting (38.560) 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: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Comments: The public notice period ran from January 3 to 24, 2023. Two public comments were received – one in support and one from a legal team representing Lattice Materials, the property to the west, with concerns about construction methods. Per the review of the Director of Transportation and Engineering, Director of Community Development and legal staff, it was found that the City has no authority to require the use of specific construction methods or techniques and that those matters be addressed directly between the private parties. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A subdivision exemption is required for the merger of the lots prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards NA Architectural appearance 38.340.050 Yes NCOD Design Guidelines Yes Comments: The proposed project is located within the NCOD and is within the Bozeman Brewery Historic District. This means that the project must address the standards of 38.340.040 and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for new construction. The Lehrkind Brewery was located on the property but demolished in 2015 due to safety concerns from the Building Division. It has been vacant since. The Bozeman Brewery Historic District is composed of five historic buildings; a one-story building on the east side of Wallace, the Lehrkind mansion and three modest houses affiliated with the Lehrkind family south of Aspen Street. The guidelines for this historic district include recommending any new design reflect the district character such as the use of brick materials, simple rectangular forms, and other design elements found in the area. It also states that the mansion should be retained as the dominant residential building within the area. To accommodate a buffer between the development and historic mansion, the lower intensity uses are proposed on the south side, which include the two sets of rowhouses and a single story bodega. The higher intensity uses are along the north and east side where higher intensity and industrial uses exist. The project uses a Staff Report Wallace Works Site Plan & CCOA Application 22156 March 16, 2023 Page 16 of 16 combination of materials and building forms found in the area that recognize the northeast neighborhood such as brick, flat roofs on the higher density buildings, pitched roof on the rowhouses, and simple rectangular forms. Another distinct character of the Brewery district is how the buildings address the street which they do along Wallace and Tamarack.