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HomeMy WebLinkAbout23164 Staff Report FINAL Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 1 of 16 Application No. 23164 Type Site Plan Project Name Ugly Onion Mixed Use SP Summary Mixed use project in Glen Lake Commerce Subdivision to construct a three-story building with a basement that will house manufacturing, warehouse storage, restaurant seating, and three apartments with associated parking, landscaping and site improvements. Zoning M-1 Growth Policy Maker Space Mixed Use Parcel Size 0.224 Acres Overlay District(s) None Street Address Addresses TBD Legal Description Glen Lake Commerce Sub, S31, T01 S, R06 E, Block 1, Lot 1, Acres 0.224, Plat J-642, City of Bozeman, Gallatin County, Montana Owner The Big Ugly, LLC, 148 Southview Ridge Lane, Bozeman, MT 59715 Applicant Same as Owner Representative Aspekt Architecture, 1103 N. Pinecrest Drive, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 8/30/23 – 9/21/23 8/30/23 8/30/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 8/23/23 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Design Review Board NA NA 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 1/23/24 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 2 of 16 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit a new mixed use building in Glen Lake Commerce Subdivision with associated site improvements and two administrative departures. 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 ________________, 2024, Anna Bentley, Interim Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 3 of 16 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. CODE PROVISIONS 1. BMC 38.540.050. A.2.c(3) – Transit availability. Provide a diagram showing the location of the covered bus stop and a timeline for construction if not constructed prior to final plan approval. If not constructed, the stop must be constructed prior to occupancy. 2. BMC 38.560.020 – Sign permits. Prior to the installation of any signs, a sign permit must be obtained. 3. BMC 38.420.030 - Cash donation in-lieu of land dedication. Provide proof of payment and approval for CILP from the Parks Department prior to final site plan approval. Contact Ross Knapper, rknapper@bozeman.net with any questions. 4. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total. Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 5 of 16 Figure 2: Site Plan Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 6 of 16 Figure 3: Landscape Plan Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 January 23, 2024 Page 7 of 16 Figure 4: South Elevation (Iron Horse Road) Figure 5: West Elevation (Parking Lot) Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 8 of 16 Figure 6: East Elevation (Manley Road) Figure 7: North Elevation (Interior Side) Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 9 of 16 Figure 8: Perspectives Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 10 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 Maker Space Mixed Use Yes Zoning M-1, Light Manufacturing District Yes Comments: The project conforms to the requirements of the M-1 zoning district. The 2020 Community Plan designation of Maker Space Mixed use correlates with the M-1 zoning district. The proposed project conforms to this designation by providing employment and services to the community with the opportunity for housing on upper floors of the proposed building. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. 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: There are no current violations on the 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 No Comments: A phasing plan is not proposed with this development. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Restaurant, warehousing and residential apartments as accessory use Yes Form and intensity standards 38.320 Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 11 of 16 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage, Other NA Rear 3 NA Side 3 NA Alley NA NA Comments: This application proposes a three-story mixed-use structure with the basement and main level accommodating a single non-residential tenant. The tenant will utilize the basement as warehousing and the main level for catering and food prep, with a small retail area for food pick-up. The second and third floors will contain three, two-story dwelling units. All uses are compliant with the M-1 zoning district. The proposed project is located on a corner lot with fronts onto Manley Road and Iron Horse Road. Both streets are classified as an Other block frontage designation with a 10-foot front setback. The rear and side setbacks of 3-feet are met. Lot coverage 18.5% Allowed 100% Yes Building height 37’ 2” Allowed 50-feet Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 NA Comments: No setback encroachments are proposed. Upper level balconies do not encroach into setbacks. Applicable supplemental use criteria 38.360 NA Supplemental uses/type None NA Comments: NA, no uses with supplemental criteria are proposed. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 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 NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site, no additional dedication is needed. No new traffic impact study was required by the Engineering Division. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for future transportation improvements was provided with the Glen Lake Commerce Subdivision ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 12 of 16 Comments: Sidewalks will be constructed along Iron Horse Road. A 10-foot shared use asphalt path was constructed with Manley Road improvements. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: One new access is proposed from Iron Horse Road; engineering evaluated the access for spacing and design standards. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: No transportation pathways or public transportation facilities are proposed with this application. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes 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: Requirements were reviewed by engineering. Payment of CIL of water rights is a required condition of approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan NA Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: Location, design and capacity of stormwater facilities was reviewed by engineering. A swale is proposed at the northwest edge of the property. Stormwater runoff will be handled within basins constructed with Glen Lake Subdivision. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 13 of 16 Parkland requirements 38.420.020.A 0.08 ac. CIL required Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: 0.08 acres = 3,484 sf x $2.60/sf = $9,058.40 required cash in lieu. This amount must be paid by the applicant prior to final site plan approval. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. A public park exists less than a quarter mile to the northeast and can be accessed via a public trail and sidewalks. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Other Yes Departure criteria None requested NA Comments: Manley Road and Iron Horse Road have Other block frontage designations. The project meets the building placement, façade transparency, parking location, and sidewalk width requirements along both streets. One staff entry, one retail entry, and one residential entry are proposed from Iron Horse Rd. A sidewalk connection from Manley Rd. is proposed to the residential entry on the northwest side of the building. Two retail entries sheltered under upper level patios are provided from Manley road with adjacent outdoor seating, patios and low level landscaping. The proposed building architecturally addresses both Manley Road and Iron Horse Road. 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 NA 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 38.420.040 Yes Comments: Pedestrian paths through the site and adjacent to the building meet the standards in this section for location, connections, and widths. A departure from the landscaping standards between walkways and buildings in 38.520.040.D was requested where space is limited on site. The criteria in this section states that departures are permitted for other landscaping and/or façade design treatments to provide attractive pathways. Instead of a 3-foot landscaping strip the applicant is proposing a painted graphic of landscape scenes directly on the cladding; this approach is supported by staff and can be viewed in Figure 5 above. 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 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 14 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 4 spaces Reductions residential 38.540.050.A.1.b 4 spaces Parking requirements nonresidential 38.540.050.A.2 11.63 spaces Reductions nonresidential 38.540.050.A.2.c 2 spaces Provided off-street 9 spaces Provided on-street 2 spaces Bicycle parking 38.540.050.A.4 7 spaces Comments: Non-residential parking is calculated using the manufacturing, warehousing, and indoor and outdoor restaurant serving area calculations in this section. The total required non-residential parking is 11.63 spaces. Two non-residential reductions are proposed using additional bicycle parking in BMC 38.540.050.A.2.c(6), and transit availability in BMC 38.540.050.A.2.c(3). The bicycle parking requirement is 1.5 spaces, with a minimum of 2 required per this section. The applicant has proposed to provide 7 Total required 350 square feet Yes Total provided 380 square feet Yes Comments: 380 square feet is provided via 142 square feet of private upper level balconies accessible from each unit, and a 238 square foot community garden deck which qualifies as shared open space. The shared open space meets the dimension and area requirements for shared porches and will be designed with planters and seating. The private balconies meet the dimensional and area requirements, with two 50 square foot decks and one 42 foot deck. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are proposed to be mounted on a wall along the north interior side property line. The meters are mounted so that they face interior to the site and no additional screening is required. Solid waste will be collected via one enclosure on the west side of the lot near Iron Horse Road. The enclosure meets the screening standards in this section. A departure was requested from BMC 38.520.070.C.2 which requires 5-feet of landscaping around the sides and rear of enclosures. The proposed design provides landscaping along the west and north sides of the enclosure. The applicant proposes painted graphic art along the east side of the enclosure; staff supports this departure. 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 structure is meeting the building design standards in this section. The second floor elevation along Manley features three main bays of design that delineate each unit using patios, windows materials, deep vertical articulation, and roof ridges. The main level with the retail and residential entrances is defined by a horizontal strip of fascia that delineates the first floor from the upper floors and extends to the east to frame the outdoor seating area. Upper level patios are used to shelter the retail entrances and pedestrian circulation. The east elevation uses three 7-foot by 9-foot areas of perforated corrugated metal siding that are semi-transparent and will allow light and visibility into the second level hallway to treat blank walls. Exterior materials are primarily 24-gauge corrugated metal siding with additions of cementitious panels and natural wood siding and soffit. Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 15 of 16 covered bicycle parking spaces, allowing the reduction of 1 parking space (maximum 10% allowed). The requisite shower and clothing lockers for employees is proposed on the basement level. For transit availability required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. The transit stop identified to be used for the parking reduction has been approved with the Community First Griffin Place Site Plan (application no. 21117). Code provision 1 requires the applicant to provide a diagram showing the location of the covered bus stop and a timeline for construction if not constructed prior to final plan approval. If not constructed, the stop must be constructed prior to occupancy. This allows another 1 space reduction (maximum 10% allowed). Per BMC 38.540.050.1.b(2) a 100% reduction in required residential parking spaces may be applied in mixed use projects where the ratio of required non-residential to required residential parking spaces is equal to or greater than 3:1. This allows the applicant to reduce the residential parking requirement to 0. Two on- street spaces are also available on Iron Horse Road outside of street vision triangles. Bicycle parking is proposed to be provided underneath the upper level patio in the Manley Road building setback with 4 spaces that meet dimensional requirements in this section adjacent to the primary retail entry, and 3 spaces adjacent to the residential entry. 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 Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along Iron Horse and Manley Road. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: Signage is shown for illustrative purposes only with this application. Sign permits will be required prior to the installation of any signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The proposed building mounted wall sconces meet the required cutoff and intensity requirements. Staff Report Ugly Onion Mixed Use Site Plan Application No. 23164 November 2, 2023 Page 16 of 16 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: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. No public comment was provided. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: No subdivision exemptions were required with this application. All required utility easements are existing.