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HomeMy WebLinkAbout22140 Staff Report Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 1 of 24 Application No. 22140 Type Site Plan and Special Use Permit Project Name Texas Roadhouse #756 Summary A site plan application and special use permit for the construction of 8,043 square foot one story restaurant known as Texas Roadhouse #756 with the accessory sales of alcohol for on-premises consumption within the Bozeman Gateway Planned Unit Development. This application also includes associated design and infrastructure improvements pertaining to open space, landscaping, irrigation, lighting, and pedestrian pathways. Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 0.45 acres Overlay District(s) Bozeman Gateway Subdivision Planned Unit Development Street Address 875 Harmon Stream Boulevard, Bozeman, MT 59718 Legal Description Lot 16A, Block 3 of the Bozeman Gateway PUD Phase 2 Subdivision, Plat J-474-E, located in Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner R. Otto Maly, GKT Bozeman Gateway, Phase 4, LLC, 211 N. Stadium Blvd, STE 201, Columbia, Missouri 65203 Applicant Janet Reid, GreenbergFarrow, 7700 Windrose Avenue, Suite G300, Plano, Texas 75093 Representative Janet Reid, GreenbergFarrow, 7700 Windrose Avenue, Suite G300, Plano, Texas 75093 Staff Planner Nakeisha Lyon Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 09/30/2022 to 10/14/2022 09/30/2022 09/30/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 06/08/2022 Inadequate for Further Review Development Review Committee 08/01/2022 Inadequate for Further Review Development Review Committee 09/23/2022 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 11/02/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 2 of 24 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 and Special Use Permit described in this report was conducted. The applicant proposed to the City of Bozeman a Site Plan (SP) and Special Use Permit (SUP) for the construction of 8,043 square foot one story restaurant known as Texas Roadhouse #756 with the accessory sales of alcohol for on-premises consumption within the Bozeman Gateway Planned Unit Development. This application also includes associated design and infrastructure improvements pertaining to open space, landscaping, irrigation, lighting, and pedestrian pathways. The purposes of the SP and SUP review is 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 and Sec. 38.230.120 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 SP and SUP, 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 SP and SUP 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 SP and SUP 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 2nd day of November, 2022, Anna Bentley, Director of Community Development, or her designees, approved with conditions and code provisions this SP and SUP 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 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 OR HER DESIGNEES Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 3 of 24 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. A copy of the State Revenue Department alcohol license for the establishment(s) must be submitted to the Department of Community Development prior to the sale of alcoholic beverages for on premise consumption. 3. Any modification of the State on-premises consumption retail alcohol license type requires review and approval of a new special use permit. 4. A copy of the City of Bozeman alcohol license for the establishment(s) must be submitted to the Department of Community Development prior to alcohol service on site. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 6. If a grease interceptor does not currently exist, the applicant must install a grease interceptor for the proposed use, per the plumbing code. 7. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist, the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. Proof of a previous inspection may also be provided. 8. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 9. City of Bozeman Resolution 5076, Policy - 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 Garfield Street including paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to the site plan approval. 10. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage prior to Site Plan approval. The applicant may contact the Engineering Department to receive a copy of a utility easement template. 11. Required parking spaces to serve this subject property as approved in 22-134 Bozeman Gateway PUD Parking Lot Site Plan must be constructed prior to final occupancy of this building. 12. Per the Bozeman Gateway PUD Design Manual, color temperature (LED and metal halide) cannot exceed 3000K. Lumens cannot exceed 800 lumens, volts cannot exceed 120V, and watts cannot exceed 60W. Please provide this information accordingly for all proposed lighting. 13. Per the Bozeman Gateway PUD Design Manual, any building mounted lighting cannot illuminate more than 15% of the facade. Each facade is calculated separately. Please provide these calculations accordingly. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 4 of 24 CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. In addition to the review criteria of section 38.230.100 for Special Use Permits, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. 2. Section 38.230.110.F of the BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 3. Section 38.230.110.I of the BMC describes the process for termination/revocation of a conditional use permit approval: a. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: i. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; ii. Final zoning approval to reuse the property for another principal or conditional use is granted; iii. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140 b. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. c. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in Section 38.200.160 of the BMC. 4. Sec. 38.410.130. - Water adequacy. Cash in lieu of water rights must be paid prior to final site plan approval. 5. Sec. 38.540.050.A.5. Please provide bicycle rack details is in accordance the BMC and Bozeman Gateway Development Manual (pg. 36). Previous resubmittals indicate a note referencing the hoop rack bicycle parking spaces on Sheet 25-PLNAPP-569_ConstructionDetails, however, Staff does not see this note and needs further clarification on this matter. 6. Sec.38.570.040. Illuminance for building entrances must average 5.0 maintained footcandles. Please provide this information accordingly on the photometric plan. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 5 of 24 7. Sec. 38.570.040.C.7. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles. Please provide a vertical illuminance photometric plan demonstrating conformance with this standard for the floodlights and LED trim lighting. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Building Division: City of Bozeman and the State of Montana are adopting the new ICC 2021 Building Codes Spring of 2022. First part of June. 2. Building Division: All Accessible requirements shall be in accordance with the ICC A117.1-2009. It is estimated the state will be adopting the new A117.1-2017 In June of 2022. 3. Engineering Division: DSSP Fire Service Line Standard - Plans, specifications, and submittals for all fire service lines greater than 4 inches in diameter must be submitted to the City Engineering Department (through PDOX Infrastructure) for review. 4. Fire Department: Fire supports project as proposed. Further Building and Fire code review will occur when submitted for permits. 5. Northwestern Energy: NWE requires a 10ft utility easement for all primary electric. This includes from the mainline on Huffine to the transformer location by the building. 6. Northwestern Energy: If meters are to be screened, there needs to be a 4ft clear zone in front of meters. 7. Northwestern Energy: Please submit a construction application on the NWE website to begin working with a construction engineer. 8. Solid Waste Division: A 50 foot straight approach to front of refuse containers is needed. Additionally, no parking or curbs are allowed within the 50 foot approach. 9. Water Conservation Division: It is recommended that multi-stream multi-trajectory (R-VAN) sprinkler heads be installed to more water efficiently irrigate the turf due to clay rich soils. 10. Water & Sewer Division: You will need to terminate the existing water service at the main if you don't use it. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 6 of 24 Figure 1: Current Zoning Map Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 7 of 24 Figure 2: Community Plan Designation Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 8 of 24 Figure 3: Overall Site Plan Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 9 of 24 Figure 4: Proposed Utility Plan Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 10 of 24 Figure 5: Proposed Grading and Drainage Plan Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 11 of 24 Figure 6: Proposed Lighting Plan Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 12 of 24 Figure 7: Proposed Landscaping Plan Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 13 of 24 Figures 8-9: Proposed East and North Elevations Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 14 of 24 Figures 10-11: Proposed West and South Elevations Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 15 of 24 Figure 12: Proposed Material Board Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 16 of 24 ANALYSIS AND FINDINGS Analysis and resulting recommendations are 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 Regional Commercial and Services Yes Zoning B-2 (Community Business District ) Yes Comments: The proposed restaurant as denoted within the SP submittal is allowed. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. No specific conflicts identified. Additional steps will be required including but not limited to the approval of building permits. 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: 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. 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: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.110 (Special use Permit) 38.230.120 Yes Comments: A special use permit is required in the B-2 zoning district for the sales of alcohol for on-premises consumption. The review and approval of the special use permit is a component of this application and conditions associated with the special use permit must be recorded against the property. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Restaurants Yes Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 17 of 24 On-premise consumption of alcohol with SUP Form and intensity standards 38.320 Zoning: B-2 (PUD) Setbacks (feet) Structures Parking / Loading Yes Front 0 feet N/A Rear 25 feet N/A Side 10 feet N/A Alley N/A N/A Comments: The proposed setbacks meets the applicable PUD provisions, and any B-2 zone district standards which may be applicable if not specifically mentioned within the PUD standards. There is a minimum 0’ front setback off Huffine Lane in which the proposed building is placed a minimum of 10 feet from the front property line. The proposed development is orientated towards an open space area (Open Space 6A) and trail system along Huffine Lane. The block frontage designation is Mixed (Landscaped) per the trail frontage standards denoted in Sec. 38.510.030.I. of the BMC. The rear setback of 25’ and the side setback of 10’ per the Bozeman Gateway PUD standards which are met. There are no proposed parking lot spaces or loading areas proposed within this site plan application. There is a 10’ public utility easement along the northern property boundary and a 10’ Northwestern Energy utility easement along the northern western property boundary to service a proposed electric transformer location. A 30’ water and sewer easement with 15’ running along the northern property boundary as a component of Phase 2 of the Bozeman Gateway Subdivision. The proposed development will tie into existing electrical, fiber optics, and gas services from established lines in two 10’ easements running east-west within the Open Space 6A to the north of the subject property. There is a 25’ public trail easement running north-south, along the western property boundary to facilitate public pedestrian access from the Huffine Lane trail system throughout the overall Bozeman Gateway Subdivision. Lot coverage 100% Allowed 41% Yes Building height 85.8’ Allowed 16’ 5” height Yes Comments: The Bozeman Gateway PUD allows for a building height of a maximum of 85.8 feet. The proposed building height is 16’5”. Floor-to-floor height is defined as the height between each floor plate in a building measured from the top of the ground floor to the top of the floor above. This standard applies to non-residential buildings, and mixed-use buildings, except for residential portions of mixed-use buildings. The floor to floor height of this proposed building is 15’ 8”. Applicable zone specific or overlay standards 38.330-40 N/A Comments: There are no applicable zone specific or overlay standards related to this application. General land use standards and requirements 38.350 Yes Comments: The proposed building design includes a cupola tower and flagpole. Per Sec. 38.350.050.D.2.a., cupolas and flagpoles are exempt from height requirements. Nonetheless, these architectural features are well below the maximum height threshold as denoted above. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Sales of alcohol for on-premises consumption N/A Comments: Please see Section 11 of this report for more information regarding this supplement use associated with the special use permit within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 18 of 24 Comments: N/A 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 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Peak trip generations were provided, reviewed, and deemed sufficient by the City’s Engineering Department. A traffic impact study was deemed not necessary for this SP submittal based on the data provided and formally waived by the City’s Engineering Department. Sidewalks 38.400.080 Yes Comments: A City standard sidewalk and an additional 10’ wide trail system exists along Huffine Lane. The applicant provides connect to this existing trail, which leads into a concrete sidewalk system along the western and southern boundaries of the subject property. This pedestrian and bike pathway was approved as a component of the Bozeman Gateway PUD to facilitate overall pedestrian and bicycle connectivity within the subdivision. Drive access 38.400.090 Access to site: 2 (existing in common ownership in Bozeman Gateway PUD) Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided to the existing and proposed parking areas via an internal drive aisle running east-west along the southern boundary/rear of the property. This internal drive aisle is connected to Harmon Stream Blvd which facilitates vehicular traffic from Huffine Lane, Fowler Road, and West Garfield Street. South 29th Avenue is connected to West College Street to the east of the overall subdivision and serves as an additional route to the subject property via the internal drive aisle previously mentioned. Fire lanes, curbing, striping, signage and gutters were reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Applicable waivers of Right to Protest Creation of Special Improvement Districts (SID’s) must be submitted per condition #8 as denoted above. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. A 25’ public trail easement running north-south, along the western property boundary to facilitate public bicycle and pedestrian access from the Huffine Lane trail system throughout the overall Bozeman Gateway Subdivision was previously executed in the subdivision process. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. The applicability of provisions related to Sec. 38.410.020 were reviewed during the applicable PUD and subdivision processes associated with the overall Bozeman Gateway Subdivision. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD process associated with the overall Bozeman Gateway Subdivision. The proposed development includes the construction of a bicycle and pedestrian pathway that will connect to the Huffine Lane trail system to the north and a parking lot to the south to facilitate bicycle and pedestrian connectivity through the overall subdivision. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 19 of 24 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 N/A 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: Utilities, easements, water, sewer, and stormwater were reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy 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. Cash in lieu of water rights is applicable to this project and must be paid in full prior to final approval of this application. Please see the code provisions section above for more information. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements were reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions were reviewed by the Engineering Department and Stormwater Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a commercial development, and does not trigger parkland dedication. This was reviewed for applicability during the PUD and subdivision process associated with the Bozeman Gateway Subdivision, and is reviewed for each individual development within the Bozeman Gateway Subdivision by the Parks Department to deem applicability. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Trail - Mixed (Landscaped) – Huffine Lane Yes Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the ‘Trail’ block frontage provisions in BMC 38.510. This block frontage designation defaults to the ‘Landscaped’ block frontage provisions, which allows the applicant to select between ‘Storefront’ or ‘Landscaped’ block frontage options. The applicant has demonstrated conformance with the ‘Landscaped’ block frontage standards accordingly. The building placement standards of the PUD are met as denoted above Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 20 of 24 in Section 5 of this staff report. The primary building entrance is orientated towards Huffine Lane and the trail system with a pedestrian connection directly accessible from the street. Façade transparency calculations are met with at least 25% of the ground floor between 4’ to 8’ above the ground level surface transparent. The applicant has provided a window sample within their submittal documents to establish conformance with this standard. The primary entrance meets the minimum 3’ depth weather protection standards. The area between the street and proposed building is landscaped with river rock mulch and scrubs to add visual interest at the pedestrian and vehicular scale along Huffine Lane. The existing sidewalk and trail system along Huffine Lane conform with width standards denoted in this section. 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 N/A 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: This proposed development conforms to requirements of Sec. 38.520. This includes a pedestrian pathway that will connect to the existing trail system along Huffine Lane and an internal pathway system along all sides of the building to facilitate access to the building’s entrances as well as vehicular parking spaces. The proposed development includes a concrete pattern crosswalk pathway along the western portion of the property to facilitate safe pedestrian crossings in front of the trash enclosure area. All pathways along the building are the appropriate width (7’ if adjacent to perpendicular parking space) and are separated from the building by at least three feet of landscaping. 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 N/A Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD and subdivision processes associated with the overall Bozeman Gateway Subdivision. On-site open space 38.520.060 N/A Total required N/A ------ sf Total provided N/A ------ sf Comments: Usable commercial open space is not applicable to this SP application as the subject property is less than 1 acre in size. Any applicable usable commercial open space was previously reviewed for conformance and satisfied, if necessary, as part of the applicable PUD and subdivision processes associated with the overall Bozeman Gateway Subdivision. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements for the location and design of service areas, and mechanical equipment are found to be in conformance with the BMC. The trash enclosure area is located along the southwestern portion of the building and is screened by 8’ 8” enclosure walls and 7’ 6” metal gates prevent visibility from surrounding streets, pathways, and buildings. 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, with departure Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 21 of 24 Comments: The building mass and articulation standards in Sec. 38.530.040 are met for the applicable north elevation, which features a primary entrance, windows, and use of weather protection features minimally required by the BMC. This elevation also features changes in building materials, and structural expressions. Though not applicable, the west, east and rear elevations also feature similar architectural features enhancing these elevations. Provisions regarding building details are met per Sec. 38.530.050. The overall proposed building materials are in conformance with provisions denoted in Sec. 38.530.060. However, the building design utilizes cementitious wall board siding of one dominant summer wheat color and one texture and adjacent to pedestrian pathways and sidewalks which is prohibited by Sec. 38.530.060.C.4. A departure request was submitted for approval by the Community Development Director or her designees in conformance with Sec. 38.530.060.C.4.b. Standard: BMC 38.530.060.C.4. Cementitious wall board paneling/siding may be used provided it meets the following provisions: a. Cement board paneling/siding may not be used on the ground floor of non-residential or mixed- use buildings where adjacent to a sidewalk or other pedestrian path; b. Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings. Departure: BMC 38.530.060.C.4.b. Departures will be considered provided the material's integration and overall façade composition meets the intent of the standards. Figure 13: Proposed Material Elevations (reference Material Board in Figure 12) Applicant’s Response: The applicant has requested a departure from this provision as their proposal meets the intent of the Building Details Section as the cementitious wall siding is a durable material to sustain any damage from maintenance or weathering, and it’s design provides visual interest from vehicular and pedestrian vantage points. The applicant denotes that the siding is only used adjacent to sidewalks and other pedestrian pathways near entries/exits, pick up windows, or at building utility meters as required by Northwestern Energy. Nonetheless, brick veneer separates the siding from the ground. The siding is mixed in directionality applied both in a horizontal and vertical paneling with border trim and banding of a painted green color which allows for the integration of colors and textures with a balance of façade articulations. Staff Evaluation: Staff acknowledges and supports the departure request from this provision as the design provides material integration and overall façade composition that meets the intent of the Building Material standards of the BMC. Staff does find that the overall design of the building is composed of sustainable and durable material and with the inclusion of all articulation elements does create visual interest from vehicular and pedestrian vantage points. The inclusion of the brick material lining the base of the building and metal roof with green painted trim does allow for a break up or separation of the summer wheat cementitious board siding. With the integration of windows, pitch roof, cupola tower, and entries, the overall façade is balanced and effectively integrates the cementitious board siding to support a departure request in this capacity. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 22 of 24 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 91 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 91 Provided on-street N/A Bicycle parking 38.540.050.A.4 9 Comments: Table 38.540.050.3. of the BMC denotes minimum parking requirements for non-residential uses which includes “restaurants, cafes, bars and similar uses”. This requires 1 vehicular parking space per 50 sf for indoor public service area; plus 1 space per 100 square feet of outdoor (patio) areas. The proposed development requires 91 parking spaces based on 4,270 sf of indoor public service area, and 476 sf of outdoor (patio) area. The Bozeman Gateway PUD has a coordinated parking arrangement which exist between the adjacent properties in the subdivision. As denoted on page 15 of the Bozeman Gateway Development Manual, all off-street parking areas are to be held in common ownership by the property owners’ association. Approximately 91 of the 151 vehicular spaces approved in 22-134 Bozeman Gateway PUD Parking Site Plan are intended to support this proposed development. A condition of approval is associated with this application to ensure those vehicular parking spaces are fully developed and operational prior to final occupancy of this proposed building. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There is no proposed loading berths within this SP application. 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 Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 and the Bozeman Gateway PUD for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 400 per lot N/A Proposed SF/building N/A N/A Comments: Signage is not applicable to this SP application. A separate sign and building permit must be applied for and approved in order to permit signage for this proposed development. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 23 of 24 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes, with conditions of approval Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes, with conditions of approval Comments: Lighting has been proposed within this application and is not in conformance with Sec. 38.570 and the Bozeman Gateway PUD at this time. There are several conditions of approval and code provisions that must be met for final site plan approval to occur has it relates to lighting on this subject property. The applicant must update their photometric plans accordingly to ensure that illuminance for building entrances and accent lighting average 5.0 maintained footcandles. Additionally, the Bozeman Gateway PUD Design Manual required color temperature (LED and metal halide), lumens, volts, and watts to not exceed certain thresholds, and any building mounted lighting cannot illuminate more than 15% of the façade, separately calculated. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the Bozeman Gateway PUD and subdivision processes, if applicable. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred September 30, 2022 to October 14, 2022. The property posting and mailing to adjacent owners occurred on September 30, 2022. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any applicable conditions and code provisions related to required easements are included in this staff report. 11. Review Criteria for Special Use Permits (Section 38.230.120) Meets Code The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site for the proposed use has the adequate size and topography to accommodate the uses as proposed, and all setbacks and landscaping are adequate relate to such use with the land and uses in the vicinity. Adequate parking has been approved within the Bozeman Gateway PUD directly to the south of this subject property to serve the uses. There are no proposed walls and fences or loading areas for this subject property. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. Condition of Approval #5 denoted on page 3 of this staff report specifics that the right to serve alcohol to patrons is revocable should the need to revoke this permit arise. No objections to the recommendations of the Community Development Department were received during the public notice period. Staff Report Texas Roadhouse Site Plan & Special Use Permit Application 22140 November 2, 2022 Page 24 of 24 Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: Conditions related to the special use permit must be recorded with the Gallatin County Clerk and Recorder’s Office accordingly to provide protect the public health, safety and general welfare of the City of Bozeman at large.