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Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 1 of 16
Application No. 19206 Type Master Site Plan
Project Name Town & Country Foods
Summary A Master Site Plan application for the construction of a 38,378 square foot grocery
store and one commercial pad site.
Zoning B-2 Growth
Policy
Community Commercial Mixed
Use
Parcel Size 4.15 acres
Overlay District(s) NA
Street Address 4551 Field St., Bozeman, MT 59718
Legal Description Block 5, Ferguson Farms Commercial Subdivision
Owner Town & Country Foods, Inc., 1611 S. 11th Ave., Bozeman, MT 59715
Ferguson Farms POA, 101 E. Main St., Bozeman, MT 59715
Applicant Town & Country Foods, Inc., 1611 S. 11th Ave., Bozeman, MT 59715
Representative Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 5718
Staff Planner Jacob Miller Engineer Griffin Nielsen, Alicia Paz-Solis
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
7/30/21 to 8/14/21 7/30/21 7/30/21 N/A
Advisory Boards Board Date
Recommendation
Development Review
Committee
6/5/19 Adequate
Administrative Design
Review
8/28/21 Approval with Conditions
Recommendation Approval with conditions
Decision Authority Director of Community Development Date:
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
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 Master Site Plan (MSP)
to grant entitlements for the layout of a property zoned B-2 that will have a 38,378 square foot commercial
building, and a commercial pad site. 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 ________________, 2021 Martin
Matsen, 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. The approval of this Site Plan shall be effective for one
(1) years from the date of Plan approval, which is the ______ day of __________________, 2022. At the end of
this period the Director may, at the request of the developer, extend the approval in accordance with Ch. 38
Art.230, 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
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 3 of 16
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
Additional conditions of approval and code corrections are required and will be included with the final report
provided to the Director of Community Development
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
2. The signage on the N. façade must be constructed with halo-lit lighting and not face-lit lighting.
CODE PROVISIONS
1. Sec. 38.230.140. - Final plan.
a. Final approval for this project will be contingent upon the recordation of the amended plat, at
which time building permits may be obtained.
2. Sec. 38.530.060. - Building materials.
a. The applicant must provide evidence that the proposed metal siding meets the minimum gauge
standard of being a minimum of 24 gauge.
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
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Figure 1: Current Land Use
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Town & Country Foods
MSP Review Application 19206
September 13, 2021
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Figure 2: Community Plan 2020 Future Land Use Map
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MSP Review Application 19206
September 13, 2021
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Figure 3: Zoning
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MSP Review Application 19206
September 13, 2021
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Figure 4: Site Plan
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Town & Country Foods
MSP Review Application 19206
September 13, 2021
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Figure 5 - 8: Building Elevations
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Town & Country Foods
MSP Review Application 19206
September 13, 2021
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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 to and consistency with the City’s adopted growth policy
38.100.040 B
Meets
Code?
Growth Policy Land
Use
Community Commercial Mixed Use Yes
Zoning B-2 Yes
Comments: The uses are allowed within the zoning district. The property is within the City’s
municipal service area. Staff finds that the project does contribute to the goals of the growth
policy including the following goals and objectives:
Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
This project will provide long term benefits to the community by providing a regional grocery
store in a rapidly developing area as well as additional employment opportunities.
5. Conformance with zoning provisions of article 3 38.320.100 Meets
Code?
Current Violations None Yes
Comments: There are no current violations on the subject property
3. Conformance with all other applicable laws, ordinances, and
regulations 38.100.080
Meets
Code?
Conflicts NA NA
Condominium ownership NA NA
Comments: No specific conflicts identified.
4. Conformance with Plan Review for applicable permit types as specified
in article 2 Section 38.230
Meets
Code?
Site Plan Yes
Comments: The master site plan criteria are met with this project. The proposal is compatible
and sensitive to the immediate environment of the site and the adjacent neighborhoods.
Architectural design, building mass, building materials and character are compatible to the
immediate environment of the site and neighborhood.
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 10 of 16
5. Conformance with zoning provisions of article 3 38.320.100 Meets
Code?
Permitted uses 38.310 Shop/offices with accessory apartments Yes
Form and intensity standards 38.320 Yes
Zoning
B-2 Setbacks
(feet)
Structures Parking
/
Loading
Yes
Front 10’ 10’
Rear 5’ 10’
Side 5’ 8’
Alley NA -
Comments: The proposed uses are a principle use in B-2 and this project conforms to all
standards set forth in 38.320.100.
Relationship to adjacent properties standards 38.520.030 (light and air
access and privacy) and angled setback plane 38.360.030
NA
Applicable zone specific or overlay standards 38.330-340 NA
Building Height Requirements 38.320.010-.060 Yes
Lot
coverage
Lot 1: 22.4%
Lot 2: 36.6%
Lot 3: 36.3%
Allowed 100%
Height 35’ Allowed 50’ Yes
Comments: Project conforms to all of the form and intensity standards for the B-2 district.
General land use standards and requirements 38.350 NA
Comments: No Setback encroachments are proposed. No other general land use criteria are
applicable.
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA NA
Comments: No supplemental use criteria are applicable.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA NA
Affordable housing plan NA
Comments: NA, no wireless facilities or residential uses proposed.
6a(1). Conformance with the community design provisions of article 4:
Transportation facilities and access 38.400
Meets
Code?
Street vision Yes Yes
Secondary access Yes
Traffic Impact Study /
LOS
NA Transportation grid
adequate to serve site
Yes Yes
Comments: A traffic study was conducted with the subdivision and reviewed by Engineering.
Street dedication NA Yes
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 11 of 16
Drive access locations and widths Yes
Number of drive accesses 2 from Fallon St., 2
from Field St.
Yes
Street easements NA
Special Improvement Districts Yes Yes
Comments: There are two vehicular access for customers, one from Field St. and one from
Fallon St. There are also two truck loading and unloading accesses, one from each street.
Parking requirements of 38.540
Required parking nonresidential 164 Yes
Required parking residential NA
Reductions nonresidential None
Reductions residential None
Provided parking off street 199
On street parking None
Comments: Parking requirements are met through a surface parking lot.
6a(2). Conformance with the community design provisions of article 4:
Pedestrian and vehicular ingress and egress 38.400
Meets
Code?
Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area
Yes
Vehicle accesses to site 4 Yes
Pedestrian access location(s) Yes
Site vision triangles Yes
Fire lanes, curbs, signage and striping Yes
Non-automotive transportation and circulation systems, design features to
enhance convenience and safety across parking lots and streets, including,
but not limited to paving patterns, grade differences, landscaping and
lighting
Yes
Crosswalks Yes
Curb ramps Yes
Pedestrian lighting Yes
Comments: Project meets all requirements of article 4.
Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent development and the
general community
Yes
Access easements Yes Yes
Dedication of right-of-way or easements necessary for pedestrian, shared
use pathway and similar transportation facilities
NA
Comments: This project site has pedestrian and vehicular access from Field St. and Fallon St.
6a(3) Loading and Unloading areas Meets
Code?
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 12 of 16
Loading and unloading area requirements 38.540.080 Yes
Loading and unloading Yes Yes
First Berth (min. 70 feet
length, 12 feet in width
and 14 feet in height)
Yes Yes
Additional Berths (min. 45
feet length)
NA NA
Comments: Off-street loading berth conforms to requirements.
6b Community design and element provisions 38.410 Meets
Code?
Lot and block standards 38.410.040 Yes
Rights of way for pedestrians alternative block delineation Yes
Comments: This project meets lot and block standards. A 10’ pedestrian access easement with
10’ setbacks is provided as an alternative block delineation.
Provisions for utilities including efficient public services and utilities
38.410.050-060
Yes
Municipal infrastructure requirements 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: All utilities proposed are adequate to serve this project. CILWR has been paid for this
lot. Easements for utilities have been provided.
Site Surface Drainage and stormwater control 38.410.080 Yes
Location, design and capacity Yes
Landscaping per 38.410.080.H Yes
Comments: An infrastructure design report was included with this project and was reviewed by
engineering and determined to be adequate.
Grading 38.410.080 Yes
Maximum 1:4 slope requirements met NA
Comments: Reviewed and approved by Engineering Division.
6c. Park and recreation requirements 38.420 Meets
Code?
Enhancement of natural environment NA
Wildlife habitat or feeding area preservation NA
Maintenance of public park or public open space access NA
Park/Recreational area design NA
Parkland Cash-in-lieu for maximum known density not to
exceed 12 units/acre (ac.).
NA
__ ac. X __ units/ac. X 0.03 ac.= __
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Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 13 of 16
Cash donation in-lieu(CIL) NA NA
Improvements in-lieu NA NA
Comments: No parkland dedication is required with this project.
7a-c. Conformance with the project design provisions of Article 5,
Compatibility, Design and Arrangement
Meets
Code?
Compatibility with, and sensitivity to, the immediate environment of the site
and the adjacent neighborhoods and other approved development relative to
architectural design, building mass, neighborhood identity, landscaping,
historical character, orientation of buildings on the site and visual integration
Yes
Block Frontage Standards 38.510 Yes
Building Design 38.530 Yes
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: This project adheres to all requirements from Article 5. The block frontage
designations on the adjacent streets are mixed and the applicant has elected to adhere to the
landscaped block frontage standards. The applicant has chosen the southern façade as the
primary façade, which includes a pedestrian entrance with weather protection, a courtyard with
landscaping and seating and a high level of glazing. The utility meters and trash enclosure are
adequately screened with landscaping and an architectural screen. The roof-mounted
mechanical equipment is screened with an architectural screen.
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 38.520.040 Yes
Vehicular circulation and parking 38.520.050 Yes
Comments: This project provides pathways connecting to the sidewalks on Field St. and Fallon St.
and provides crosswalks through the site.
Design and arrangement of elements of the plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural
topography, natural water bodies and water courses, existing vegetation,
and to contribute to the overall aesthetic quality of the site configuration
Yes
Site Planning and Design Elements 38.520 Yes
Comments: Project conforms to requirements.
7d. Conformance with the project design provisions of Article 5,
Landscaping including the enhancement of buildings, appearance of
vehicular use, open space and pedestrian area and the preservation of
replacement of natural vegetation
Meets
Code?
Submittal requirements for landscape plans 38.220.100 Yes
Mandatory landscaping 38.550.050 Yes
Yard Yes
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 14 of 16
Additional screening Yes
Parking lot screening Yes
Interior parking lot landscape Yes
Off-street loading spaces screening Yes
Street frontage Yes
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source,
system type
Yes (underground)
Trees for residential adjacency NA
City rights-of-way and parks Yes
Tree plantings for boulevard ROW, drought-
resistant seed
Yes
Public ROW boulevard strips Yes
Irrigation and maintenance provisions for
ROW
Yes
State ROW landscaping NA
Additional NA NA
Fencing and walls NA NA
Comments: Additional screening will be provided for the screening of the trash enclosure and
the utility meters. Boulevard trees will be planted with this project. Additional screening is
provided as a departure for the parking lot width > 50%.
Site planning and design required 38.520 Yes
Pedestrian area landscaping, including pathways and internal circulation
38.520.040
Yes
Internal roadway landscaping 38.520.050 NA
Open space landscaping 38.520.060 Yes
Service area and mechanical equipment landscaping and screening 38.520.070 Yes
Comments: Project meets requirements.
7e. Conformance with the project design provisions of Article 5, Open
Space
Meets
Code?
Open Space Section 38.520.060 NA
Total required 3,019 NA
Total provided 3,432 NA
Comments: Open space is required for the Phase I portion only because it is over 1 acre.d site
7f. Conformance with the project design provisions of Article 5, Lighting
38.570
Meets
Code?
Building-mounted lighting (cutoff and temperature) Yes
Site lighting (supports, cutoff and temperature) Yes
Minimum light trespass at property line Yes
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 15 of 16
7g. Conformance with the project design provisions of Article 5, Signage
38.560
Meets
Code?
Allowed (sq. ft)/building NA NA
Proposed (sq. ft) NA
Comments: No signage is currently proposed. A conditions of approval for this application will
require the use of halo-lit signage facing the residential uses to reduce the intrusiveness of
the signage.
8a-c. Conformance with environmental and open space objectives in
articles 4-6
Meets
Code?
Enhancement of natural environment: Integrated stormwater, LID, removal
of inappropriate fill
NA
Grading Yes
On-site retention/detention Yes
Comments: Project meets requirements.
Drainage design Yes
Stormwater maintenance plan 38.410.030.A Yes
Stormwater feature: landscaping amenity, native species, curvilinear, 75%
live vegetation
Yes
Comments: This project utilizes two retention ponds for lot 1 and will construct underground
stormwater facilities on lots 2 and 3 with future phases. A stormwater maintenance plan was
submitted and reviewed by engineering and determined to be adequate.
Watercourse and wetland protections and associated wildlife habitats NA
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
Comments: NA
9. Conformance with the natural resource protection provisions of
articles 4-6
Meets
Code?
Watercourse setback 38.410.100 NA
Watercourse setback planting plan NA
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: NA
10. Other related matters, including relevant comment from affected
parties 38.220
Meets
Code?
Public Comment No No
Comments: This project was noticed accordingly and given adequate time for public
comment.
Comments: The proposed building mounted lighting and site lighting meets standards.
Staff Report
Town & Country Foods
MSP Review Application 19206
September 13, 2021
Page 16 of 16
11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title,
whether the lots are either: Configured so that the sale of individual lots
will not alter the approved configuration or use of the property or cause
the development to become nonconforming OR Are the subject of
reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming. 38.410.060
Meets
Code?
Subdivision exemption Yes Yes
Required Easements Yes Yes
Reciprocal access and
shared parking
easement
Yes Yes
Mutual access
easement and
agreement
Yes Yes
Comments: All necessary easements are provided with this project. A subdivision exemption
is nearly finalized to aggregate lots.
12. Phasing of development 38.230.020.B including buildings and
infrastructure
Meets
Code?
Phasing No # of
phases
2 Yes
Comments: This project will be constructed in two phases.