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HomeMy WebLinkAbout22066 Staff report FINAL Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 1 of 18 Application No. 22066 Type Site Plan, Commercial Certificate of Appropriateness, Demolition Project Name West Babcock Apartments Summary New construction of a 64,356 square foot, five story building that contains 52 residential units, shared amenity spaces, 395 sf of commercial space on the ground level, and an enclosed parking garage. The project proposes to demolish the two existing structures on the site. The property is located in the NCOD but not within a Historic District. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 20,314 sf/.466 acres Overlay District(s) Neighborhood Conservation Overlay District Street Address 818 W. Babcock Avenue, Bozeman, MT 59715 Legal Description West Park Addition, S12, T02 S, R05 E, Block 4, Lot 9-10, & W20’ Lot 8 and West Park Addition, S12, T02 S, R05 E, Block 4, Lot 5-7, E5’ Lot 8 Owner Babcock Partners, LLC PO Box 6220, Bozeman, MT 59771 Applicant Minarik Architecture, 618 N. Wallace Avenue, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Mikaela Schutlz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 1/3 – 1/24/2023 1/3/2023 1/3/2023 NA Advisory Boards Board Date Recommendation Development Review Committee December 21, 2022 Adequate Community Development Board January 23, 2023 Recommend 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=261700 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 2 of 18 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), Commercial Certificate of Appropriateness (CCOA), and Demolition Application to permit a five story multifamily building and demolish two existing structures. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would 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 ______ day of ________________, 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 (BMC) or State law. 2. BMC 38.530.070. The east and south elevation requires blank wall mitigation. The applicant must provide the city a design with the building permit and it must be installed prior to occupancy of the building. 3. BMC 40.04.010. With the building permit, a control structure with that the garage storm drains and garage sump will be treated to meet city water quality metric before being stored and infiltrated in the retention chamber. Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 3 of 18 4. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to West Babcock Street between South 11th Avenue and South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Main Street between West Babcock Street and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at 19th Avenue and West Main including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at South 11th Avenue and West Main including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at South 11th Avenue and West Babcock including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. ODE PROVISIONS 1. BMC 38.250.060. The applicant must pay for the two departure fees 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 West Babcock Apartments Application 22066 January 13, 2023 Page 4 of 18 Figure 1: Current Zoning Map Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 5 of 18 Figure 2: Community Plan Future Land Use Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 6 of 18 Figure 3: Proposed site plan Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 7 of 18 Figure 4-5: Elevations Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 8 of 18 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 9 of 18 Figure 6: Conceptual Renderings Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 10 of 18 Figure 7: Existing Structures Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 11 of 18 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 B-2M (Community Business District-Mixed) 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 by the CCMU land use designation. It will also include a small commercial component on the site. Due to its proximity to downtown and services and City Commission’s goal to provide more infill development in the form of housing, residential is an appropriate circumstance. Zoning District: Community Business District – Mixed: The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The proposed use supports an integration of multi-household residential that is nearby a range of commercial uses in the immediate area. 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 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 West Babcock Apartments Application 22066 January 13, 2023 Page 12 of 18 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 and commercial 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 10’ 5’ Side 5’ 5’ Alley 5’ 5’ Comments: The proposed setbacks meet the minimum requirements. The subject property is adjacent to the R-4 zone district but per 38.320.060, there are no code requirements for a zone edge transition to be met. However, there is an alley to the south that buffers the B-2M from the R-4 zone district. The south side of the building only reaches 5 stories on half of the building with the other half only extending to the second story. Lot coverage 86.72% Allowed: 100% Yes Building height 59’-10” Allowed: 5 stories or 60’ (whichever is less) Yes Comments: The roof maintains a flat pitch. The building is five stories and the top floor has a step back of at least 10 feet. Applicable zone specific or overlay standards 38.330-40 Yes 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 NA Comments: There are no additional uses within this section that are proposed with the project. 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, with conditions Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 13 of 18 Comments: A traffic memorandum was provided 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 and the aged sidewalks along West Babcock and South 9th Avenue will be replaced. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off an alley via South 9th Avenue. 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 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 Hyalite Engineering and approved by the City for the proposed project. Updated sewer, water, and fire services will be connected to the main that runs down West Babcock Street. 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. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. 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 Hyalite Engineering and approved by the City for the proposed project. The proposed storm water management system consists of valley gutter, catch curb, stormwater inlets, stormwater conveyance pipes, and an underground detention or infiltration system. Watercourse setback 38.410.100 NA Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 14 of 18 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 .46 ac. X 6 units/ac. X 0.03 ac.= .18 acres = 7841 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (7841 SF) = $18,035 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/Storefront. Landscape/Special Residential Yes Departure criteria Block frontage setback for landscape; weather protection Yes with code requirement Comments: West Babcock and South 9th are mixed block frontage. The applicant has proposed storefront along Babcock and landscape/special residential along South 9th. Storefront Block Frontage: Along West Babcock, the building is placed right along the property line and has a space depth of 27’. The uses along it include commercial space and residential amenities. Façade transparency, building entrances, and sidewalk meet the storefront block frontage standards. A departure is requested for the weather protection, which requires a five-foot awning along 60% of the façade. The applicant proposes 30% weather protection along the façade but also insets the entrances to meet the intent of the weather protection provision. The applicant’s argument is that the inset entrance provides weather protection and can alleviate daylighting concerns by reducing ambient and reflected light. The recognition of the air column buffer that is created by a 4 story façade provides not only “equivalent weather protection benefits”, as referenced in 38.510.030.B.3.c, but provides greater benefits than that of awnings alone in this location. Staff finds that the departure meets the intent. Landscape/Special Residential: South 9th Avenue adheres to landscape block frontage and special residential, as there are residential units on the ground floor. Façade transparency, building entrances, weather protection, and sidewalk width meet the block frontage standards. The applicant proposes a departure to reduce the 10-foot setback for landscape block frontage. The units have been elevated a minimum of 3 feet from the adjacent sidewalk with entry stoops and the entrances have been set in and rotated 90 degrees from the street and include railings, and landscaping between the sidewalk and unit. The setback is 5.5 instead of 10 feet. The proposed design meets the two of the three public/private transition elements per 38.510.030.J. Staff finds that the departure meets the intent. As outlined in code requirement 1, the applicant must pay the two departure fees prior to final site plan approval. Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 15 of 18 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 54 Yes Parking requirements residential 38.540.050.A.1 52 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 2 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 46 Provided on-street 8 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. All balconies that face a side and rear property line adhere to light and air access standards. 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 5650 SF Yes Total provided 5690 SF Yes Comments: This proposal meets the open space criteria. Open space is provided as shared open space (roof desk, entry plaza), private balconies, and indoor recreational areas that include a fitness room, gear lounge, and residential lounge. To accommodate neighbor’s concerns in regards to the second story roof deck that faces the lower density residential units to the south, planters have been added to buffer and soften the edge. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located to provide safe and convenient use along the alley. 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: The proposed building meets the massing and articulation requirements. The proposed 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. As outlined in condition of approval number 2, the east and south elevation requires blank wall mitigation. The applicant proposes murals and must provide the city a design with the building permit and it must be installed prior to occupancy of the building. Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 16 of 18 Bicycle parking 38.540.050.A.4 83 Comments: Parking is provided with a combination of garage parking spaces (46) and on street spaces (8). The garage includes a mechanical parking system. There are 83 bicycle parking spaces with 59 located in an indoor gear lounge, 12 within the garage, and another 12 on the sidewalk. Loading and uploading 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 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 West Babcock and South 9th. Landscaping is located along the south elevation. 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 Yes Comments: The public notice period runs from January 9 to 24, 2023. There was both written public comment and verbal public comment taken at the Community Development Board on January 23, 2023. The six written comments are summarized below. Z. Brown. Concern that the underlying zoning will result in short term rentals rather than the long term rentals. J. DiMarco. Concern that the large building will have impact on solar access to the southern homes. J. Seymour. Concern that the high density building does not fit into the character of the neighborhood. Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 17 of 18 C. Delphia & J. Runyan. Concerns that the commercial space is too small to accommodate a business and that the structure does not fit in within the neighborhood. S. & C. Myers. Concerns with the access from the parking garage to the alley, noise, light, and that the developer has not involved neighbors about the development. At the Community Development Board meeting on January 23, 2023, public comment expressed concerns about the intent of the B-2M zoning district, height of the building, traffic, and noise. In response to the public comment, the applicant proposes to add additional vegetation to the rooftop deck and along the south elevation ground level. They also propose murals along the east and south elevation. They expect that the commercial area will be able to spill into the residential amenity area. 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 Comments: The proposed project is located within the NCOD but is not within a 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. Since the site is zoned B-2M, the project considers the future development of the area to model density. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Comments: The proposed project includes demolition of two existing structures. 812/814 W. Babcock is considered an eligible historic structure per the definition provided in article 7 of the UDC. 818 W. Babcock is not considered an eligible structure. Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure of site 38.340.090. Yes Public Notice Yes Criteria for demolition of a historic structure Yes 1. The property’s historic significance. 812/814 W. Babcock is considered an eligible structure. Yes 2. Whether the structure has no viable economic life remaining. The existing structures are not appropriate for the underlying zone district. Yes 3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness). The subsequent development meets design standards. Yes 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. The proposal includes new construction. Yes 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). The proposal will not leave the site vacant. Yes Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 18 of 18 Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 (plan review criteria). Yes Comments: No demolition of the structures are permitted until the site plan and building permit for the subsequent development is approved. Since the property is zoned as B-2M, the subsequent development is more appropriate for the site and will leave the site with a new infill building and will not result in a vacant site. The Director determines that the proposed subsequent site development is more appropriate for the site than the existing building and use based on the criterial in 38.230.100.