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HomeMy WebLinkAbout22288 Staff report Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 1 of 17 Application No. 22288 Type Site Plan, Commercial Certificate of Appropriateness, Demolition, Departure Project Name BG Mill Summary Application to demolish the existing grain mill structures and construct a five-story residential project that will consist of 19 residential units. There is a parking garage on the ground level along with residential amenities. Levels two through five will contain the residential units. There are three departure requests with this application. The first departure request is from 38.400.090 to exceed minimum distance between public and private accesses and intersections. The second departure request is from 38.510.030.B for storefront block frontage façade transparency to not meet the standard. The third departure request is from 38.510.030.B to allow for a narrower sidewalk width where 12 feet is required. The property is in the NCOD but not within a historic district. Zoning B-3 Growth Policy Community Commercial Mixed Use Parcel Size 22,315 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 714 E. Mendenhall Street Legal Description Northern Pacific Add, S07, T02 S, R06 E, Lot 1, Acres .5123, Plat C-22-A11City of Bozeman, Gallatin County, MT. Owner BG Mill, LLC, 102 N. Broadway Avenue, Bozeman, MT 59715 Applicant SMA Architecture & Design, 428 E. Mendenhall Street, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 10/10-10/31/2023 10/10/2023 10/10/2023 NA Advisory Boards Board Date Recommendation Development Review Committee October 4, 2023 Adequate 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 1-3-24 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=265049&cr=1 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 2 of 17 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) to demolish the existing grain mill structures and construct a 5-story residential project with 19 units. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment 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 __3rd__ day of _January__, 2024, 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. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 3 of 17 CODE PROVISIONS 1. BMC 38.250.060. The applicant must pay the three 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 38.270.030.C. Concurrent construction, improvements completion time for site development. Concurrent construction is preliminarily approved for this project by the DRC. The applicant must satisfy the code requirements in 38.270.030.C.1.c prior to final concurrent construction approval and building permit issuance. ADVISORY COMMENTS 1. It has been noted by the applicant that some of the materials of the existing building will be salvaged and repurposed to be used in the new building. Please keep the Historic Preservation Officer informed of design and detailing of the building and how it relates to the history and recognition of the site. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 4 of 17 Figure 1: Current Zoning Map Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 5 of 17 Figure 2: Community Plan Future Land Use Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 6 of 17 Figure 3: Proposed site plan Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 7 of 17 Figure 4: Elevations North Elevation East & West Elevation Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 8 of 17 South Elevation Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 9 of 17 Figure 5: Existing Site Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 10 of 17 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 Traditional Core Yes Zoning B-3 (Downtown District) Yes Comments: Growth Policy – Traditional Core: The traditional core of Bozeman is Downtown. This area exemplifies high quality urban design including an active streetscape supported by a mix of uses on multiple floors, a high level of walkability, and a rich architectural and local character. Additionally, essential government services and flexible spaces for events and festivals support opportunities for civic and social engagement. The intensity of development in this district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary for long-term resilience. Challenges do exist, particularly around keeping local identity intact, balancing growth sensitively, and welcoming more transportation modes and residents. Underdevelopment and a lack of flexibility can threaten the viability of the land use designation. Future development should be intense while providing areas of transition to adjacent neighborhoods and preserving the character of the Main Street Historic District through context-sensitive development. The proposal supports the goal of higher density with the net residential density of 37.1 dwelling units per acre. The FAR is 2.45. Zoning District – Downtown District: The intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area's historical pedestrian-oriented context are very important. The project is an urban residential development that is appropriate infill for the downtown district. 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 BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 11 of 17 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 Apartments, 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 0’ NA Side 0’ NA Alley 5’ NA Comments: The building is 54,627 square feet, five-levels, and has 19-residential units. The proposed buildings meet setback requirements. Lot coverage 56% total Allowed: 100% Yes Building height 70’ Allowed: 70’ Yes Comments: The parapet extends 4’ above the building height and a penthouse extends 9’ above the building but does not exceed 50% of the corresponding street frontage. These height limitation exemptions are allowed per 38.350.050.D. 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 None NA Comments: NA 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 Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 12 of 17 Comments: A traffic impact study by E5 was submitted to the Engineering Division who determined the findings of the study to be adequate for the proposed use. The corner radius of North Broadway and East Mendenhall is being redone with a tighter radius to match the other corners. Montana Rail Link reviewed the proposal and has no issue with changes. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads. The existing sidewalk along Mendenhall will be replaced and widened. The sidewalk along Broadway will remain the same with landscaping improvements added. Drive access 38.400.090 Access to site: 2 Yes, with departure Fire lanes, curbs, signage and striping Yes Comments: Access to the site is from Mendenhall Street into the ground level parking garage and an alley to the west of the building. A departure is requested from 38.400.090 to allow for the private access standard to not meet minimum separation requirements. Engineering is in support of this request. 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. 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 has been reviewed by Engineering and found to be adequate. 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 and approved by the City for the proposed project. The proposed storm water management system includes roof drains and yard drains, pervious landscaping within the boulevard, new curb and gutter, and a new stormwater overflow pipe. An underground retention chamber is proposed. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 13 of 17 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 .51 ac. X 12 units/ac. X 0.03 ac.= 8034 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (8034) = $18,477.65 Yes, with code requirement 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. The applicant previously paid $19,602.00 with an approved site plan in 2017. The remaining $1,124.35 must be paid prior to final 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: 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 Yes Departure criteria Façade transparency Sidewalk width Yes with code requirement Comments: East Mendenhall is considered mixed block frontage. The applicant has chosen to utilize storefront block frontage. Building placement: The building is set back 3 feet from the property line to accommodate a wider sidewalk. Building entrances: The building has two entrances that face the street. Façade transparency: The applicant has requested a departure from façade transparency to allow 50% instead of the required 60%. There are added architectural elements that include overlapping of materials that add visual interest. The DRC is in support of this departure request. Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: All parking is within the parking garage. Sidewalk width: Instead of a full 12’ wide sidewalk along Mendenhall, the width of the continuous sidewalk along the building is 7’ with 4’ of planting buffer on the boulevard side. Near the main entrance, there is a pedestrian plaza that widens the sidewalk. The DRC is support of this departure request. As outlined in code requirement 1, the applicant must pay the departure fee prior to final site plan approval. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 14 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 19 Yes Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b 19 Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 20 Provided on-street NA Bicycle parking 38.540.050.A.4 4 Yes Comments: All parking is located within the parking garage. Bicycle parking is located along Mendenhall within a pedestrian plaza. There is a bike and ski storage area that can accommodate more bikes. 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 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 2850 SF Yes Total provided 3921 SF Yes Comments: This proposal includes a common rooftop, private decks, and an indoor fitness facility to satisfy open space requirements. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The utility services are tucked into the south east portion of the building and screened by a 6’ fence. Trash collection and a water rise room are accessed via the alley to the west. 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. For additional details on how it relates to the NCOD and 4B Design Guidelines, see section 11 below. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 15 of 17 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 Mendenhall. 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 ran from October 10 to October 31, 2023. No public comment was received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: NA 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 but is not located within a historic district. Since it is in the B-3 zone district, it must adhere to Subchapter 4B of the NCOD Design Guidelines. Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 16 of 17 Mass and Scale: The project is an urban residential development and provides a higher level of density that meets the goals and objectives of the B-3 zone district. Building Quality: The project incorporates a varied material palette that pays homage to the existing Mill aesthetic and ties into design of the community core. Building Roof Form: The building uses a flat roof line as the primary roof form. Site Design: The project creates a strong connection between the downtown’s sub-districts, downtown, and the surrounding neighborhood. In encourages interaction with pedestrians and offers small public amenity space. Parking Facilities: The project incorporates enclosed parking. Signs: The main signage is still in development, but the applicant has identified that there will be an emulation of “BG” incorporated into the building signage. Street Patterns: The streetscape is designed to incorporate landscaping and planting strips that create a soft transition between the commercial and residential neighborhoods of the surrounding area. Landscape Design: There are no existing landscaping or street trees. The proposed landscaping will include planting areas and street trees. Utilities: Utilities are oriented away from pedestrian oriented areas and screened. Site Furniture: Site furniture is provided to coincide with the design of the building and is consistent to the site furniture that is found around the commercial core. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Yes 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. It is a contributing building and eligible for listing under the National Register of Historic Places as identified from a Montana Historic Property Form. Yes 2. Whether the structure has no viable economic life remaining. The structure is not a habitable building. 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 that meets the NCOD Design Guidelines and Section 38.340. 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 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 Staff Report BG Mill Site Plan & CCOA Application 22288 December 20, 2023 Page 17 of 17 Comments: Historically, the building served a grain elevator and associated grain storage bins. The building no longer is habitable and cannot be structurally rehabilitated to accommodate a new use that complies with zoning or building code. 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 applicant is planning on doing selective demolition where materials on the historic building are salvaged and repurposed. They intend to salvage the “BG Grain” sign and incorporate it into the new lobby. They also hope to reuse the weathered corrugated metal siding in the design.