The URL can be used to link to this page

Home My WebLink About05-24-23 Public Comment - R. Monaco - RE_ Thriftway with staff responseFrom:Nakeisha Lyon To:Robert Monaco Cc:Agenda; Nick Fulton; Alicia Paz-Solis Subject:RE: Thriftway Date:Wednesday, May 24, 2023 3:49:20 PM Attachments:RE Gas Station - Davis and Baxter.msg Hi Robert, I provided a response and answered the questions within your email on May 18, 2023 (please see attached). The only update I have from the previous response I provided is that the representative of the project has put the public notice sign back up as of May 19, 2023. As a clarification to the hours of operation of the facility, the representative provided that the Thriftway Super Stop Store will only be opened from 6 am to 11 pm, with the gas station dispensers open 24 hours. I have included the agenda email in order to save your public comment within the project folder for our records and provide your comment to the applicant as well whom are both CC'ed. The propose of the public notice period is to allow citizens to participate in the decision of applications that affect their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. The public comments that you and others are providing will be addressed in the staff report related to this site plan and special use permit applications, and provided to the Community Development Director or her designee for consideration in the final decision related to these applications. All public comments received will be consider at such time of the writing of the staff report and will be discussed with the review authority prior to any decision being made on either application. As you can image, I am receiving several public comments on this project, and I do not have the capacity to nor am I required to respond to each individual public comment as they come in. However, If you have a specific question you would like answered, I can provide an answer or follow up with you, like I have in the past, and will continue to do. As far as a response to your public comment denoting that the proposal does not meet the City's requirements for safe access with being close to the intersection of Baxter Lane and Davis Lane as required in BMC 38.400.090. and should be denied because of this - Section 38.400.090.H allows for the spacing standards for drive accesses within Section 38.400.090.D. to be relaxed by the review authority if it is shown during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. Additionally, Sec. 38.400.090.H. denotes that in requesting modifications from the standards, the applicant must submit to the city engineer a report certified by a professional engineer addressing the following site conditions, both present and future which include traffic volumes, turning movements, traffic controls, site design, sight distances, and location of alignment of other access points. In conformance with this code and the request purview of the Engineering Department, the applicant has provided a Traffic Impact Analysis for review which denotes the required data in order for the review authority to determine whether a modification from the required standards is justified and, if so, what alternative requirements will be necessary. At this time, the Engineering Department has found that the data provided within this report is sufficient to allow for the modification to be adequate and sufficient for approval. As the review of this is under the Engineering Department, I am awaiting a more detailed response from the assigned Engineer to include within the staff report, and if any further conditions will be applicable to the project based on the information provided within public comments and the continued reviewed of this application prior to the final decision. I hope this addresses your questions and statement so far. Please let me know if you need anything else, Thank you, Nakeisha Lyon, AICP | Associate Planner | Community Development Pronouns: she, her, hers City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 P: 406.582.2963 | E: nlyon@bozeman.net | W: www.bozeman.net/planning The City has enhanced our project intake process and will now be receiving all project submittals - New and Revisions, through ProjectDox. As a result of this transition in process, response times to inquiries may be delayed. We understand the impacts any delay may create for your site development and we will make every effort to provide you with the highest level of customer service in a timely manner. We encourage you to review our Development Center webpage and become familiar with the new intake process. Your patience during this transition is greatly appreciated. -----Original Message----- From: Robert Monaco <robert42@flash.net> Sent: Wednesday, May 24, 2023 12:51 PM To: Nakeisha Lyon <nlyon@BOZEMAN.NET> Subject: Thriftway CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Nakeisha, what about this: This proposal does not meet Bozeman’s city requirements for safe access so close to the intersection of Baxter and Davis, as required by BMC 38.400.090. For this reason, Application # 22039 and the special permit required under BMC 38.230.120 should be denied. I would like a response and a response to my other email I sent you. What is the use for public comment it our questions are not being answered? Robert Monaco From:Nakeisha Lyon To:Robert Monaco Cc:Agenda Subject:RE: Gas Station - Davis and Baxter Date:Thursday, May 18, 2023 10:28:00 AM Hi Robert, Haha, no avoidance.I will have to let the owners and their applicant know that the sign blew away. They are the ones who put it up onthe property. The owners have not been given a special use permit.The use of automobile fuel sales requires a special use permit within the B-2 zoning district which is the processthey are currently under review for in order to obtain approval. I am not aware of the hours of operation. I will try to find that information out from the owner.Nothing in the application submittal indicates that it is a 24 hour Thriftway Super Stop. Yes I have received several public comments already.The proposal meets our code, however, conditions can be placed on the application if information received viapublic comment has not been already addressed or is new information that the City hasn't considered. Thank you, Nakeisha Lyon, AICP | Associate Planner | Community DevelopmentPronouns: she, her, hersCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2963 | E: nlyon@bozeman.net | W: www.bozeman.net/planningThe City has enhanced our project intake process and will now be receiving all project submittals - New andRevisions, through ProjectDox. As a result of this transition in process, response times to inquiries may be delayed.We understand the impacts any delay may create for your site development and we will make every effort to provideyou with the highest level of customer service in a timely manner. We encourage you to review our DevelopmentCenter webpage and become familiar with the new intake process. Your patience during this transition is greatlyappreciated. -----Original Message-----From: Robert Monaco <robert42@flash.net>Sent: Thursday, May 18, 2023 9:15 AMTo: Nakeisha Lyon <nlyon@BOZEMAN.NET>Subject: Gas Station - Davis and Baxter CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Hi Nakeisha, missed at the meeting last night. Were you avoiding me? Lol First of all your sign blew away after just1 day on that corner. Second, why was the owner given a special permit? Third, why does it have to be 24 hours? No other Thriftway is open 24 hours. Many in the neighborhood will be writing to you.Is there anything that can actually stop this from happening? Thanks Robert Sent from my iPad