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Home My WebLink About07-06-23 Public Comment - C. Bartholomew - RE_ Proposed Thriftway gas station in Baxter Meadows neighborhood with staff responseFrom:Nakeisha Lyon To:Cheryl Bartholomew Cc:Agenda Subject:RE: Proposed Thriftway gas station in Baxter Meadows neighborhood Date:Thursday, July 6, 2023 10:27:58 AM Attachments:22-039_StaffReport_ConditionalApprovalSigned.pdfRE Proposed Thriftway gas station in Baxter Meadows neighborhood.msg Hi Cheryl, Thanks for your patience – trying to catch up over the long weekend. I hope the following clears up any confusion. Please let me know if you have any further questions or concerns. In my previous email, I provided a link to the public notice process within the Bozeman Municipal Code as well as the staff report written which provides details on all of the information you are seeking. I have provided the link below again and the attachment for your convenience. https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38UNDECO_ART2PELEACPR_DIV38.220APNO_PT3NO_S38.220.420NOREAPPR The attached staff report will provide you with further context for why this project was conditionally approved by the Community Development Director. This document goes through the applicable code sections to this project and provides details on how their proposal meets these requirements. To respond to the email you sent to the Commissioners, The Community Development Department is responsible for the special use permit for projects in which require a special use permit throughout the City. Why is because it’s a component of the land development regulations of the City which are under the Community Development Department’s duties and roles to administer on behalf of the City. The public notice is a process within the special use permit application review and the adjacent property owners within 200 feet of the subject property were contacted to inform them of this project proposal in accordance with State law and the Bozeman Municipal Code. We do not relinquish control over the notification process. Per Sec. 38.220.420.A.7, this duty is the applicant’s responsibility specific to the mailings and the site posting, as I stated previously, the City conducted the newspaper notice. The public notice period occurs prior to any decision on this project as the public comments and concerns received are considered in the review. Based on the public comments received, specific conditions were associated with this project that the applicant must meet prior to final site plan approval. The public notice with this project only received public comments in opposition, almost 50. The use of the automobile fuel sales is permitted through a special use permit process in the B-2 zoning district that is the zoning designation for the subject property. The City considered this project proposal as it aligns with the land development code and regulations the City has in place. More information on this is in the attached Staff Report. All actions taken towards this project were legitimate and in conformance with the Code. The appeal can still be filed up until tomorrow, otherwise, I would suggested consulting a lawyer regarding other legal actions that can be taken against the City or the applicant. All the public comments are public record and a component of the project file. 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/planning The City has enhanced our project intake process and will now be receiving all project submittals - New and Revisions, throughProjectDox. As a result of this transition in process, response times to inquiries may be delayed. We understand the impacts any delaymay create for your site development and we will make every effort to provide you with the highest level of customer service in a timelymanner. We encourage you to review our Development Center webpage and become familiar with the new intake process. Yourpatience during this transition is greatly appreciated. From: Cheryl Bartholomew <fitseniors@gmail.com> Sent: Thursday, July 6, 2023 8:52 AM To: Nakeisha Lyon <nlyon@BOZEMAN.NET> Subject: Re: Proposed Thriftway gas station in Baxter Meadows neighborhood 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. Hi Nikeisha, I respectfully request a response to my previous email. Thank you,Cheryl On Fri, Jun 30, 2023 at 12:26 PM Cheryl Bartholomew <fitseniors@gmail.com> wrote: Hi Nikeisha, Below is a follow up email to the Mayor and Commissioners regarding my concerns and questions as to thespecial permit request and access. I have reached out to my HOA to take action. I believe the HOA wasderelict in their responsibilities because they were aware of this special request and did not inform thehomeowners/ residents of Baxter Meadows Subdivision who will be directly and/or indirectly negativelyimpacted if this proposed gas station proposal is finalized for completion. I am also seeking more information about how and why the special permit was issued. It doesn't make sense tome that the city/ community development department would relinquish control over notification of city residentsfor any commercial project. If that is the current law then it needs to be changed. I believe both the HOA and the city failed to act in the best interests of our neighborhood. I intend to keep you in the loop with regard to any communication/ action that may follow. Again, I appreciate the information you previously sent and welcome any additional pertinent information thatmay be relevant to this situation. Sincerely, Cheryl Bartholomew ---------- Forwarded message ---------From: Cheryl Bartholomew <fitseniors@gmail.com>Date: Wed, Jun 28, 2023 at 7:36 AMSubject: Re: Proposed Thriftway gas station in Baxter Meadows neighborhoodTo: Cyndy Andrus <candrus@bozeman.net>Cc: Terry Cunningham <tcunningham@bozeman.net>, <ipomeroy@bozeman.net>, Christopher Coburn<ccoburn@bozeman.net>, Jennifer Madgic <jmadgic@bozeman.net> This is a follow up email to my previous one regarding the proposed Thriftway gas station/ convenience store atDavis and Baxter Lanes. I reached out to the Community Development Department and it only raised more questions in my mind. Whowas responsible for providing a special use permit to Thriftway and why? Why weren't the neighboring subdivisions and neighborhoods approached for input before the special permit was granted? Why did the cityrepresentatives even consider a gas station as a viable option for this neighborhood? It appears that once Thriftway acquired the special permit, they had control with regard to seeking input orfeedback from the neighbors, which they clearly didn't actively pursue, and why would they......they aren'tlooking for opposition to their project! They did the bare minimum required by law and posted a sign, whichunless actively sought out would not be seen or read by anyone, leaving the neighborhood in the dark regardingthe proposed project. It appears the city/ development department relinquished their rights to notify residentsonce the special permit was granted. I would appreciate further clarification as to the legitimacy of these actions and whether or not the city can cancelthis permit or at least stall it to give residents more opportunity to voice concerns, raise questions and documenttheir opposition. If the only recourse is litigation then homeowners lose out either way. Cheryl Bartholomew On Mon, Jun 26, 2023 at 1:32 PM Cheryl Bartholomew <fitseniors@gmail.com> wrote: Dear Mayor Andrus and City Commissioners, It has just come to my attention via this article: https://www.bozemandailychronicle.com/news/city/gas-station-proposed-for-northwest-bozeman-intersection/article_02415514-0c70-11ee-b9e6-a74f1764a017.html#:~:text=A%20gas%20station%20and%20convenience,about%205%20acres%20of%20land.that this proposed gas station is all but finalized with regard to city approval and implementation. This raises many questions in my mind since I and many other homeowners/ residents of Baxter Meadows andother surrounding neighborhoods had no knowledge of this project and are strongly opposed to it. I would liketo know how and when the city reached out to our communities to get input from us. Just discussing suchimpactful projects at weekly Tuesday Commissioners meetings is not enough to ensure the community isaware of all that is taking place in Bozeman. Did you post signage of the impending project and presentopportunities for input from the immediate neighborhoods? Did the city reach out to the HOA representativesand ask them to inform and discuss this with the homeowners/ residents? If not, why not? As the Chairperson for Age Friendly Bozeman, the local chapter of the AARP/WHO Network of LivableCommunities, The decision to move forward with this proposed Thriftway gas station/ convenience storecoupled with the lack of communication and opportunity for input from the west side residents does not alignwith the objectives that define a "livable" community for all ages and abilities. Neighborhoods of livablecommunities are designed to minimize traffic congestion, and include purposeful commercial services such asrestaurants, wellness centers/ medical offices, child care facilities etc........NOT gas stations with conveniencestores that encourage traffic congestion, air pollution etc. Bozeman has not yet earned the right to call itself alivable community. Let's change that by making decisions that represent the needs and preferences that bestserve the residents'. A gas station is unnecessary and unwanted in this neighborhood. Instead of enriching orimproving our neighborhood, it will degrade it. As a homeowner in Baxter Meadows for more than 12 years, I am already frustrated with traffic congestionchallenges to exiting the subdivision safely. We need relief from increasingly unsafe traffic patterns andinsufficient road design that negatively impacts our ability to navigate inside and outside of our neighborhoodyear round. I implore you not to move forward with this proposed gas station because it will add to theconsistently increasing traffic congestion. Instead, find ways to enhance this residential area by seekingpurposeful commercial development that will boost community connection and provide meaningful services. I have been supportive of many city projects; directly and indirectly partaking in some of them. I strive to findnegotiable solutions and to make a positive difference within our community. I am not a person who turns tosocial media to condemn objectives I am not in agreement with... I choose to go to the source and ask, how canwe resolve this dilemma? What are my options to preventing this proposed project from becoming a reality? If it is too late, then the city has failed me and my neighborhood because it did not ensure that we wereproperly notified, and had opportunities to express our concerns or approval/ disapproval, from its inception. Thank you for your serious consideration of this matter. I have also reached out to my HOA board members toinitiate action. I look forward to your response before the end of this week. Respectfully,Cheryl BartholomewChairperson, Age Friendly Bozeman2314 Milkhouse AveBozeman, MT 59718 From:Nakeisha Lyon To:Cheryl Bartholomew Subject:RE: Proposed Thriftway gas station in Baxter Meadows neighborhood Date:Tuesday, June 27, 2023 10:53:00 AM Attachments:22-039_StaffReport_ConditionalApprovalSigned.pdf Hi Cheryl, Thank you for reaching out on this project, and contacting your City Commissioners. The public notice for the site plan and special use permit proposal is the responsibility of the applicant, not theCommunity Development Department.The applicant provides notice to adjacent property owners within 200 feet of the property boundaries as well asproperty postings on the subject property.If you fall outside of this boundary, you would not have been notified.This public notice process is in conformance with State law and the Bozeman Municipal Code. You can find this information here:https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38UNDECO_ART2PELEACPR_DIV38.220APNO_PT3NO_S38.220.420NOREAPPR Because the applicant applied for a special use permit, the only item within this that City staff coordinates ontheir behalf is the notice in the newspaper.The newspaper notice in the Bozeman Daily Chronicle was advertised on May 13, and May 20. It’s unfortunate to hear that you are just now finding out about this project especially from a news article andyou were not able to provide your public comments during the public notice period.This was not intentionally done by the City or the applicant.The applicant is meeting the standards of the code and the applicable laws.I can only encourage the applicant to send mailings out to more landowners within a certain distance or to holda meeting with the neighbors, which I encouraged them to do over a year ago when this application first camethrough.Regardless, I cannot mandate them to do so. The concerns you have expressed in your comments to the City Commissioners and in your email to me echomany of the public comments we received.There were only a few of these that the City has the capability to address in the special use permit process.Others are regulated by the State, or things that are out of the control of local jurisdictions. I have attached the preliminary approval staff report on this project as a decision has been made as of June 22nd.Based on the type of use and the concerns we received on the proposal, the City has limited the operating hoursof the store, gas pumps, and lighting as well as are requiring a screening wall to mitigate headlights alongBaxter Lane from the residences to the south.The store, gas pumps, and all lighting on site must cease operations between 11 pm to 6 am. As you denoted in your email that you will be reaching out to your HOA to initiate action, since a decision hasbeen made, an appeal of the Community Development Director’s decision is an option you all have. I wasspeaking with the Crossings II Subdivision who also were looking into an appeal. I am not sure where theystand with this but wanted to share that information as you coordinate with yours. To formally appeal this decision, the appeal document, fee, and application must be submitted through ourProject Dox portal.Here is the checklist for an Administrative Project Decision Appeal which provides links to the Project Doxportal and other important information.https://www.bozeman.net/home/showpublisheddocument/4817/638151689571770000 The fee to appeal an administrative project decision is $2,329. This must be submitted prior to the appeal beingprocessed. This must be submitted within 10 working days after the date of the decision which is July 7th. The checklist above and code section below provides some the materials that are needed for that process. Code Section regarding Administrative project decision appeals:https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38UNDECO_ART2PELEACPR_DIV38.250APDEDEVAPR_S38.250.030ADPRDEAP 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 and Revisions, throughProjectDox. As a result of this transition in process, response times to inquiries may be delayed. We understand the impacts anydelay may create for your site development and we will make every effort to provide you with the highest level of customer servicein a timely manner. We encourage you to review our Development Center webpage and become familiar with the new intakeprocess. Your patience during this transition is greatly appreciated. From: Cheryl Bartholomew <fitseniors@gmail.com> Sent: Tuesday, June 27, 2023 10:23 AM To: Nakeisha Lyon <nlyon@BOZEMAN.NET> Subject: Fwd: Proposed Thriftway gas station in Baxter Meadows neighborhood 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. Hi Nikeisha, Please read the email I am forwarding which I sent to the Mayor and City Commissioners yesterday. Commissioner Madgic suggested I contact you to express my concerns and opposition to the special use permitfor the Thriftway gas station and convenience store project to be built on Davis and Baxter Lanes. I would like to know why the community development department did not directly reach out to the surroundingcommunity ( Baxter Meadows Subdivision) to implicently notify us of this impending proposed project. Postinga sign on the vacant lot without reaching out to all homeowners directly or indirectly impacted by this project isunacceptable. I only found out about this proposed project yesterday via a Bozeman Chronicle article whichcame up on my phone. I therefore request that this project not move forward without ample time for input from the Baxter Meadowscommunity and any/ all other surrounding subdivisions that will suffer unnecessary consequences includingincreased traffic congestion and air pollution, not to mention the degradation of property values due to thisproposed project. There are more than enough gas stations and convenience stores within a few miles of BaxterMeadows in high traffic areas, where they should be. We take pride in our community and there are numerousmore acceptable commercial options that would enhance our community such as a walk to restaurant, amedical/ wellness center, a child care center etc. I appreciate your time and attention to this matter. I look forward to your cooperative response. Cheryl BartholomewChairperson, Age Friendly Bozeman2314 Milkhouse Ave.Bozeman, MT 59718 ---------- Forwarded message --------- From: Cheryl Bartholomew <fitseniors@gmail.com>Date: Mon, Jun 26, 2023 at 1:32 PMSubject: Proposed Thriftway gas station in Baxter Meadows neighborhoodTo: Cyndy Andrus <candrus@bozeman.net>Cc: Terry Cunningham <tcunningham@bozeman.net>, <ipomeroy@bozeman.net>, Christopher Coburn<ccoburn@bozeman.net>, Jennifer Madgic <jmadgic@bozeman.net> Dear Mayor Andrus and City Commissioners, It has just come to my attention via this article: https://www.bozemandailychronicle.com/news/city/gas-station-proposed-for-northwest-bozeman-intersection/article_02415514-0c70-11ee-b9e6-a74f1764a017.html#:~:text=A%20gas%20station%20and%20convenience,about%205%20acres%20of%20land.that this proposed gas station is all but finalized with regard to city approval and implementation. This raises many questions in my mind since I and many other homeowners/ residents of Baxter Meadows andother surrounding neighborhoods had no knowledge of this project and are strongly opposed to it. I would liketo know how and when the city reached out to our communities to get input from us. Just discussing suchimpactful projects at weekly Tuesday Commissioners meetings is not enough to ensure the community is awareof all that is taking place in Bozeman. Did you post signage of the impending project and present opportunitiesfor input from the immediate neighborhoods? Did the city reach out to the HOA representatives and ask them toinform and discuss this with the homeowners/ residents? If not, why not? As the Chairperson for Age Friendly Bozeman, the local chapter of the AARP/WHO Network of LivableCommunities, The decision to move forward with this proposed Thriftway gas station/ convenience storecoupled with the lack of communication and opportunity for input from the west side residents does not alignwith the objectives that define a "livable" community for all ages and abilities. Neighborhoods of livablecommunities are designed to minimize traffic congestion, and include purposeful commercial services such asrestaurants, wellness centers/ medical offices, child care facilities etc........NOT gas stations with conveniencestores that encourage traffic congestion, air pollution etc. Bozeman has not yet earned the right to call itself alivable community. Let's change that by making decisions that represent the needs and preferences that bestserve the residents'. A gas station is unnecessary and unwanted in this neighborhood. Instead of enriching orimproving our neighborhood, it will degrade it. As a homeowner in Baxter Meadows for more than 12 years, I am already frustrated with traffic congestionchallenges to exiting the subdivision safely. We need relief from increasingly unsafe traffic patterns andinsufficient road design that negatively impacts our ability to navigate inside and outside of our neighborhoodyear round. I implore you not to move forward with this proposed gas station because it will add to theconsistently increasing traffic congestion. Instead, find ways to enhance this residential area by seekingpurposeful commercial development that will boost community connection and provide meaningful services. I have been supportive of many city projects; directly and indirectly partaking in some of them. I strive to findnegotiable solutions and to make a positive difference within our community. I am not a person who turns tosocial media to condemn objectives I am not in agreement with... I choose to go to the source and ask, how canwe resolve this dilemma? What are my options to preventing this proposed project from becoming a reality? Ifit is too late, then the city has failed me and my neighborhood because it did not ensure that we were properlynotified, and had opportunities to express our concerns or approval/ disapproval, from its inception. Thank you for your serious consideration of this matter. I have also reached out to my HOA board members toinitiate action. I look forward to your response before the end of this week. Respectfully,Cheryl BartholomewChairperson, Age Friendly Bozeman2314 Milkhouse Ave Bozeman, MT 59718 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 1 of 29 Application No. 22039 Type Site Plan and Special Use Permit Project Name Thriftway Super Stop Site Plan (SP) & Special Use Permit (SUP) Summary A site plan and special use permit for the construction of a 9,852 square foot commercial building for a retail store and service establishment known as Thriftway Super Stop. The proposed development includes the use of automobile fuel sales with the development of 12 fuel bays, which is a special use within the B-2 zoning district. The proposed commercial building has two levels: the main floor includes retail space, storage, accessory offices, and bathrooms, and the upper level is predominantly open to the main floor with accessory offices, a conference room, and storage spaces for the functionality of the establishment. This application includes associated design and infrastructure improvements pertaining to open space, parking, landscaping, irrigation, lighting, and pedestrian pathways. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size 5.036 acres Overlay District(s) N/A Street Address 3221 Baxter Lane, Bozeman, MT 59718 Legal Description The south half of the southwest quarter of the southwest quarter of the southwest quarter of Section 14, Township 2 South, Range 5 East, per Certificate of Survey No. 2970, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official certificate of survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Louie Sutey, Sutey, LLC, 2000 Holmes Avenue, Butte, MT 59701 Applicant Nick Fulton, Bechtle Architects, 4515 Valley Commons Drive Suite 201, Bozeman, MT 59718 Representative Nick Fulton, Bechtle Architects, 4515 Valley Commons Drive Suite 201, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 05/12/203 to 05/26/2023 05/12/2023 05/10/2023 05/13/2023, 05/20/2023 Advisory Boards Board Date Recommendation Development Review Committee 03/02/2022 Inadequate for Further Review Development Review Committee 12/02/2022 Inadequate for Further Review Development Review Committee 04/05/2023 Inadequate for Further Review Development Review Committee 05/01/2023 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: 06/22/2023 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 2 of 29 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 a 9,852 square foot commercial building for a retail store and service establishment known as Thriftway Super Stop. The proposed development includes the use of automobile fuel sales with the development of 12 fuel bays, which is a special use within the B-2 zoning district. The proposed building includes an accessory office and storage spaces for the functionality of the establishment. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, parking, 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 22nd day of June, 2023, 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 DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 3 of 29 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. Planning: A 3’ solid screen wall within the landscaped buffer between the fuel pump stations and Baxter Lane is required. The wall must be constructed of masonry material similar to those used in the architecture of the retail building, and meet the requirements of Sec. 38.350.060 and Sec. 38.400.100. Details, location, and dimensions for the concrete wall must be provided prior to final approval of this site plan application. 3. Planning: All on-site lighting including illumination of signage, fueling stations and canopy, parking lots, and the building, must be turned off between 11:00 pm and 6:00 am with the exemption of security lighting. 4. Planning: The uses of retail and automobile fuel sales or repair must not operate between the hours of 11:00 pm to 6:00 am. 5. Engineering: The subject property is located within the Meadow Creek Subdivision Sewer and 19th and Baxter Intersection Payback Districts. The applicant is required to pay a proportionate share, which is indicated as complete. Please provide confirmation of this payback fee payment prior to final plan approval. 6. Engineering: A final copy of the recorded SID waiver must be provided to the City prior to final plan approval. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. Sec. 38.230.120. B. In addition to the review criteria of section 38.230.100, the review authority must in approving a special use permit, determine favorably that the application meets the review criteria set forth in subsection 38.230.120.C. 2. Section 38.230.120.D. In addition to all other conditions, the following general requirements apply to every special use permit granted: the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the special use permit procedure; and all conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the use. 3. Section 38.230.120.G. The process for termination/revocation of a special use permit approval: a. Special 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 special 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 special 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 DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 4 of 29 b. A special use which has terminated may be reestablished on a site by either, the review and approval of a new special use permit application, or a determination by the community development 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 review authority may not be appealed. If review authority determines that the special use permit may be renewed on a site then any conditions of approval of the original special use permit are also renewed. c. If activity begins for which a special 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. 7. Sec. 38.220.080. Site plan submittal requirements. Please revise any indication of “preliminary, not for construction” from the drawings and plan set. 8. Sec. 38.410.060. Easements. The applicant must provide final signed copies (with wet signatures) of the following proposed easement prior to final site plan approval: a ten foot utility easement, public unity easement (storm), and a 30 foot public access and utility easement. 9. Sec. 38.410.130.A.1. Water rights. Cash in lieu of water rights must be paid prior to final plan approval. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Building Division: The City of Bozeman and the State of Montana have adopted the new ICC 2021 Building Codes. Please plan accordingly for the submittal of the associated building permits. 2. Engineering Division: DSSP Plans and Specifications Review Policy A. Plans, specifications, and submittals for public infrastructure improvements (Water, sewer, and streets) must be submitted to the City Engineering Department (through PDOX Infrastructure) for review. 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. Engineering Division: BMC 38.270.030.C.1. Concurrent Construction. To achieve building permit approvals prior to completion of (identified improvements for the project) the applicant must follow BMC 38.270.030.C.1 options b and c. The following items must be received prior to building permit approval: All easement for the infrastructure must be executed, an irrevocable offer of dedication must be delivered to the engineering department, and approval from the Fire Department (Scott Mueller) to simultaneously construct the infrastructure and private development this approval must be sent to the Engineering Department. Infrastructure approval must be provided by the City Engineering Department and the state. 5. Engineering Division: BMC 38.41.070.A.3 - When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains must be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 5 of 29 Figure 1: Current Zoning Map DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 6 of 29 Figure 2: Community Plan Designation DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 7 of 29 Figure 3: Overall Site Plan DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 8 of 29 Figure 4: Proposed Utility Plan DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 9 of 29 Figure 5: Proposed Grading and Drainage Plan DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 10 of 29 Figure 6: Proposed Lighting Plan (Parking Lot and Overall Property) DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 11 of 29 Figure 7: Proposed Lighting Plan (Fuel Canopy) DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 12 of 29 Figure 8: Proposed Landscaping Plan DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 13 of 29 Figures 9-10: Proposed West and North Elevations DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 14 of 29 Figures 11-12: Proposed East and South Elevations DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 15 of 29 Figure 13-16: Proposed 3D Renderings DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 16 of 29 Figure 17-18: Proposed Canopy/Fueling Stations Plan and Elevations Figures 19-21: Proposed Canopy Roof, Elevation, and Materials DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 17 of 29 Figure 22: Proposed Material Board for Principal Building DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 18 of 29 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 Community Commercial Mixed Use Yes Zoning B-2 (Community Business District ) Yes Comments: The proposed retail use as denoted within the SP submittal is allowed. The proposed automobile fuel sales or repair is allowed with the approval of a special use permit. 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 use of automobile fuel sales or repair. The review and approval of the special use permit (SUP) is a component of this application and conditions associated with the special use permit must be recorded against the property. Please see Section 11 for more information. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 19 of 29 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Retail use Automobile fuel sales or repair with SUP Yes Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front 10 feet – Landscaped Block Frontage 10 feet – Landscaped Block Frontage Rear 10 feet 10 feet Side 5 feet 8 feet Alley N/A N/A Comments: The proposed setbacks meets the applicable B-2 zoning district standards. There is a minimum 10’ front setback off Davis Lane and Baxter Lane as indicated by the block frontage designation of Landscaped per Table 38.510.030.C. The setback along Davis Lane, and Baxter Lane, is approximately 38 feet, and 49 feet, respectively, from each of these primary façades to the public right of way and utility easement along both roadways. The proposed development is orientated towards the intersection of Davis Lane and Baxter Lane, which is a high visibility street corner as designated on the Community Development Viewer and per Sec. 38.530.050.C of the Bozeman Municipal Code (BMC). The rear setback of 10’ and the side setback of 5’ per the B-2 zoning district standards are met. The northeastern portion of the overall subject property remains undeveloped. 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. Lot coverage 100% Allowed 3.7% Yes Building height 50’ - roof pitch less than 3:12 60’ - roof pitch of 3:12 or more Allowed 38’ 2” height Yes Comments: The B-2 form and intensity standards allow for building heights based on the roof pitch of the proposed building. The proposed building has flat and gable roof forms, which are in conformance with the maximum building height standards. The proposed building height is 38’ 2”. 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 approximately 15’. 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 N/A Comments: The proposed building design does not include any architectural features that are encroaching within any setback or height requirements. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Automobile fuel sales or repair Yes Comments: Per Sec. 38.360.080 - Automobile repair and/or fuel sales, there are additional applicable provisions specific to this proposed use such as siting and design criteria, architectural standards, parking spaces, and building materials. The proposed gas pump islands and associated canopy meet the criteria denoted within this code section. Per Sec. 38.360.080.A.1, the proposed canopy of the gas pumps meets the minimum ten feet setback standard to any side or rear property lines and architecturally matches the design of the main building as demonstrated in Figures 9 to 22 above. All lighting is found to meet the standards for Division 38.570 as further indicated in Section 7g of this staff report. The maximum height of the canopy conforms to the 18 feet maximum threshold. Signage related to this proposed use will be DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 20 of 29 reviewed and approved under a separate sign and building permit as denoted in Section 7f of this staff report. An additional parking space for each pump island has been provided. Please see Section 7d of this staff report for more information. Please see Section 11 of this staff report for more information regarding the special use permit associated with this supplemental use/type. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A 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: The standards within Sec. 38.400.010 and Sec. 38.400.020 regarding streets and road dedication have been met. Baxter Lane and Davis Lane are minor arterial streets. Per Article 7, minor arterial street types are defined as streets that interconnect with and augment the urban principal arterial system by accommodating trips of moderate length and at a somewhat lower level of travel mobility than principal arterials. Minor arterial streets distribute travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day. Per Section 38.220.060.A.11.g, the applicant submitted a Traffic Impact Study (TIS) and TIS Addendum to analyze daily traffic generation, capacity, and all affected intersections within one-half mile of the proposed development and at the build-out conditions. The intersection of Baxter Lane and Davis Lane will operate at a level of service (LOS) of B with demands included from the proposed project, which meet the standards in the BMC Section 38.400.060.B.4. The intersection of Baxter Lane and Davis Lane was recently improved with the installation of a traffic signal, designated left-turn lanes for all legs, and additional through and turning lanes on Davis Street to accommodate future growth in this area. Please refer to the TIS for more details. The TIS was reviewed, considered, and deemed sufficient for approval by the City’s Engineering Department. Sidewalks 38.400.080 Yes Comments: An existing 6’ City standard sidewalk remains on the southern property boundary of the development along Baxter Lane. A 10’ wide shared use pathway is proposed on the western property boundary of the development along Davis Lane per the Parks, Recreation, Open Space and Trails (PROST) Plan. The project connects to the existing and proposed public pedestrian pathways through connections on the west and south that provide access to the proposed retail store, fueling stations, and parking lot. Additionally, these connections provide accessibility to pedestrians to the pedestrian plaza orientated towards the corner of Baxter Lane and Davis Lane as well as to an open space area central to the proposed development to the east. These public and private pedestrian pathway systems provide future connections to further development that may occur to the north and east on the subject property. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 21 of 29 Comments: The proposed development provides two drive accesses, one along Baxter Lane and another along Davis Lane. Per Section 38.400.090.H – Modifications of property access standards, the applicant submitted a modification request for commercial developments per BMC Section 38.400.090.H. This access modification request was submitted as an Addendum to the original TIS. Please refer to the TIS Addendum for more details. The modification request was reviewed, considered, and deemed sufficient for approval by the City’s Engineering Department. 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 Yes Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. A 20’ public use easement running north-south, and east-west along the western and southern property boundaries will facilitate public bicycle and/or pedestrian access along Davis Lane via a shared used pathway, and Baxter Lane via a public sidewalk. 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. 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 subdivision process. Lot and block standards continue to be met. There are no proposed midblock crossings required or associated with this proposed development. 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 DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 22 of 29 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. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped – Davis Lane & Baxter Lane Yes Departure criteria N/A N/A Comments: The block frontage designation along both Davis Lane and Baxter Lane is ‘Landscaped’ and the proposed development has demonstrated conformance with these standards and provisions accordingly. The ground floor use and building placement standards are met as denoted above in Section 5 of this staff report. For the building entrance standards, proposed buildings on a corner at the intersection of two streets are required to have only one publicly accessible entrance that is visible and directly accessible from either street per Section 38.510.020.F.4. The proposed elevations demonstrate two articulated building entrances, one along the southern façade orientated towards Baxter Lane in conformance with the applicable block frontage standards, and one along the eastern façade orientated towards the internal parking lot. The western façade includes one publicly accessible entrance with access via the 10’ shared used pathways along Davis Lane. Façade transparency calculations are met with at least 25% of the ground floor between 4’ to 8’ above the sidewalk as transparent with 25% along the south elevation, and 28% on the west elevation. The applicant has provided a window sample within their submittal documents to establish conformance with this standard. The primary entrances meet the minimum 3’ depth weather protection standards. The parking locations proposed on the subject property are to the side and rear of the proposed building and uses and are limited to no more than 50% of the street frontage. Per Section 38.510.020.F.6, buildings that face two streets and meet the primary frontage parking location standards are not required to meet building to parking location percentage frontage standards for subsequent building frontages. Regardless, the proposed site plan meets both parking location percentage frontage standards on Davis Lane and Baxter Lane at approximately 31% and 46%, respectively. The areas between the street and proposed building and fuel pump stations meet the minimum 10’ landscaped buffer requirements with a variety of scrubs, ornamental grasses, and perennials to add visual interest at the pedestrian and vehicular scale along Baxter Lane and Davis Lane. In consideration of the adjacent residences to the south, the addition of a solid screen wall within the landscaped buffer between the fuel pump stations and Baxter Lane is proposed in order to meet the special use permit criteria to address light pollution and glare from headlights of vehicles that may be traversing the subject property. Please see Condition of Approval #2 for more information. The existing public sidewalk along Baxter Lane and the proposed shared use pathway along Davis Lane are in conformance with the minimum sidewalk width standards. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 23 of 29 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 pedestrian pathways throughout the proposed development that will connect to the existing public sidewalk system along Baxter Lane and a proposed shared use pathway along Davis Lane in conformance with the PROST plan. Additionally, the internal pathway system along all sides of the building facilitate access to the building’s entrances as well as vehicular parking spaces. The proposed development includes crosswalks, where necessary, to facilitate safe pedestrian crossings. 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 38.520.050 Yes 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 are in conformance and satisfied, if necessary, as part of this SP application. On-site open space 38.520.060 Yes Total required 2.0% 3,242 sf Total provided 4.6% 7,396 sf Comments: Usable commercial open space is applicable to this SP application as the subject property is more than 1 acre in size. The applicant has provided usable commercial open space based on the development area within the context of this SP application at this time. These areas include a pedestrian plaza at the corner of Baxter Lane and Davis Lane with plantings and site furnishings, an open space area central to the easternmost parking lot area with pet waste receptacles, site furnishings and a pedestrian pathway, and an open space area along Baxter Lane with site furnishings and open lawn. Additional usable commercial open space may be required in the future for development that may occur to the east of this proposed site. 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 in conformance with the BMC. The trash enclosure area is located along the northern portion of the building and is screened by enclosure walls, metal gates, a roof cover, and landscaping to prevent visibility from surrounding streets and pedestrian pathways. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The building mass and articulation standards in Sec. 38.530.040 are met for the applicable west and south elevations, 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 east and north elevations also feature similar architectural features enhancing these elevations. Provisions regarding building details are met per Sec. 38.530.050. The intersection of Davis Lane and Baxter Lane is designated as a high visibility street corner which requires the building to be located within 20 feet of the street corner and to feature designs that accentuate the street corner. Alternatively, the building can be configured as a corner plaza with cropped building DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 24 of 29 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 33 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 47 Provided on-street N/A Bicycle parking 38.540.050.A.4 5 Comments: Table 38.540.050.3. of the BMC denotes minimum parking requirements for non-residential uses which includes “retail store and service establishments”, “storage”, and “office”. Each use requires one vehicular parking space per 300 square feet (sf) of area, one vehicular parking space per 1,000 sf of floor area devoted to storage of goods, and one vehicular parking space per 250 sf, respectively. Additionally, one vehicular parking space per fueling station stall is required. The applicant is utilizing the standard parking factor in Sec. 38.540.010.A.1.a. to account for accessory spaces that do not require parking. The applicant has proposed 47 vehicular parking spaces to serve the proposed development. As vehicular parking spaces are in excess by 5 per Sec. 38.540.040.A.2.b, these spaces will serve future development to the east on the subject property. 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 corner with an entry feature, decorative use of building materials, distinctive façade articulation, and other architectural elements that meet the intent of the standards. The applicant has proposed a functional canopy design with a pedestrian plaza that orientates towards the corner. This area is designed with various site furnishings and landscaping that ties into the primary entrance along Baxter Lane. This primary entrance along with those on the eastern façade are defined and scaled proportionally to the building. Figure 23: 3D View from the Southeast and Southwest Perspective The overall proposed building materials and blank wall treatments are in conformance with provisions denoted in Sec. 38.530.060 and Sec. 38.530.070. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 25 of 29 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 for landscaping and irrigation have been reviewed for conformance and satisfied within this SP application. The development site is proposed with a majority of drought tolerant species and has the appropriate amount of parking lot landscaping and screening. In consideration of the adjacent residences to the south, the addition of a solid screen wall within the landscaped buffer between the fuel pump stations and Baxter Lane is proposed in order to meet the special use permit criteria to address light pollution and glare from headlights of vehicles that may be traversing the subject property. Please see Condition of Approval #2 for more information. The proposed development provides street frontage landscaping in accordance with the Sec. 38.550.060.E. 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: The review and approval of 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. 7g. Conformance with Article 5 – Lighting (38.570) 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: Lighting has been proposed within this application and is in conformance with Division 38.570. Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. Parking lot has basic lighting which averages at 2.20 maintained footcandles with a minimum of 0.1 footcandles and maximum of 11.20 footcandles throughout the parking lot area. Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. There is no security lighting proposed at this time. All lighting must be shut off from 11:00 pm to 6:00 am in conjunction with the hours of operation associated with the retail store and gas fueling stations in order to meet the special use permit criteria to address light pollution. Please see Conditions of Approval #3 and #4 for more information. Lighting at the pump island area in light surroundings has an average of 9.80 footcandles in conformance with Table 38.570.040-3. Approaches and driveways on the west and east of the pump island area in light surroundings have an average of 0.4 to 2.0 in conformance with Table 38.570.040-3. Additionally, all building facades with light surroundings have an average of less than 1.9 footcandles, which is less than the 3 average maintained footcandles denoted in Table 38.570.040-3. Per Sec. 38.570.040.G.3, lighting is required to be turned off between 11:00 p.m. and 6:00 a.m. In conformance with Sec. 38.570.040.G.5, the proposed lighting along property lines does not exceed 0.3 on adjacent residential properties to the north, and 1.0 onto the public rights of way to the west and south. All proposed lighting is full-cutoff per Sec. 38.570.060. As previously denoted, in consideration of the adjacent residences to the south, the addition of a solid screen wall within the landscaped buffer between the fuel pump stations and Baxter Lane is proposed in order to meet the special use permit criteria to address light pollution and glare from headlights of vehicles that may be traversing the subject property. Please see Conditions of Approval #2 and Section 11 related to light pollution and overspill on adjacent properties due to vehicular headlights from site users. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 26 of 29 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 are not applicable. There are no floodplains or wetlands located on or associated with this subject property. 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 May 12, 2023 to May 26, 2023. The property posting occurred on or before May 12, 2023. The mailings to adjacent owners occurred on or before May 10, 2023. The legal notice in the newspaper as required for the special use permit (SUP) occurred on May 13, 2023, and May 20, 2023. The City received 48 public comments in writing in opposition of this proposed project. Public comments are available here. As public comments are a component of the review process, Staff has provided an analysis below summarizing the public comments, and denoting the applicable conditions of approval, code provisions, and staff analysis included in this staff report, which address the concerns of constituents. Access, Traffic Generation and Pedestrian Safety: The majority of the public comments requested the denial of the SP and SUP application based on the two proposed accesses on the subject property not meeting the City’s minimum access distance requirements per Sec. 38.400.090 of the BMC. These comments also expressed increased traffic concerns at the intersection of Baxter Lane and Davis Lane and impacts on pedestrian safety. Per Section 38.400.090.H, the applicant submitted a modification request from this standard as an Addendum to their original traffic impact study (TIS). The modification request was reviewed, considered, and deemed sufficient for approval by the City’s Engineering Department. The intersection of Baxter Lane and Davis Lane will operate at a level of service (LOS) of B with demands included from this proposed project, which meet the standards in the Sec. 38.400.060.B.4. The intersection of Baxter Lane and Davis Lane was recently improved with the installation of a traffic signal, designated left-turn lanes for all legs, and additional through and turning lanes on Davis Street to accommodate future growth in this area. The existing public sidewalk and proposed shared use pathway will facilitate pedestrian connectivity in addition to crosswalks and warning light systems at this intersection. Chapter 36 – Traffic and Vehicles of the City’s Code of Ordinances provide further regulations regarding pedestrian safety. Please see Section 6 above for more information. Residential Adjacency and Neighborhood Compatibility: Many of the public comments denoted concerns with the overall compatibility of the proposed use adjacent to existing low-density residential development. The City Commission voted to approve the subject property for annexation and a zone map designation of B-2, Community Business District in 2018. B-2 zoning is adjacent to the subject property to the west. The zoning designation is consistent with the underlying growth policy of Community Commercial Mixed Use. The proposed use of retail is a permitted use within the B-2 zoning district. The proposed use of automobile fuel sales or repair is a special use within the B-2 zoning district. The special use permit process allows additional conditions to be imposed on the use to protect public health, safety, and general welfare. Please see the Conditions of Approval on page 3 and Section 11 below for more information on applicable conditions. These conditions serve to mitigate the adverse impacts of the proposed use on the existing residential neighborhoods. Hours of Operation: Several public comments expressed concerns with the proposed hours of operation for the retail store and gas pumps. The applicant has indicated that the retail store will be open from 6 am to 11 pm with fuel pumps available for service 24 hours a day. Given the residential adjacency of this proposed use and associated light and noise pollution, a condition of approval to DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 27 of 29 limit the hours of operation for both the retail store and gas pumps has been included. Please see Section 11 below for more information and Condition of Approval #4. Light Pollution: Numerous public comments also expressed concerns with increased light pollution, which would affect adjacent neighbors to the south and southwest of the proposed development. Given the residential adjacency of this proposed use and associated light and noise pollution, two conditions of approval are associated with this application to address impacts of light pollution. Please see Section 11 below for more information and Conditions of Approval #2 and #3. Market Factors: Many of the public comments denoted concerns with the amount of existing gas stations in the area, negative implications on property values, and crime and transient populations. The City’s developmental regulations do not account for market changes. The property owner may propose a use as permitted within the B-2 zoning district applicable to the subject property. As the use of automobile fuel sales or repair requires a special use permit within this zoning district, additional conditions may be imposed on the use in order to protect public health, safety, and general welfare. Please see the Conditions of Approval on page 3 and Section 11 below for more information on applicable conditions. Criminal activity in general and related to transient populations may be reported to the Police Department for further investigation. Other Public Comments: Existing rear fences of adjacent residences: Several comments also denoted the low fence lines along Baxter Lane create a direct view of the proposed gas station, and suggest the low fence lines were a requirement of the City of Bozeman for the lots along Baxter Lane. Sec. 38.530.060 – Fences, walls, and hedges allows for fences to be up to six feet along side and rear property lines, and up to eight feet in height if the setback requirements for the fence are met. As these properties are located within a planned unit development (PUD) which has an associated homeowner’s association (HOA), there may be more stringent design guidelines applicable to homes within the West Winds Subdivision. The covenants associated with this subdivision expressly prohibit the construction of fences greater than 4 feet tall for all lots that back up to Oak Street, Baxter Lane, 27th Avenue and Davis Lane. Adjacent designated elementary school: Several comments also expressed that further consideration must be given to the proposed elementary school to be located directly adjacent to the east of the proposed development which may impact the children who may walk or bike to this location. The Bozeman School District 7 owns the adjacent properties to the east which are sited for Elementary School #9 as denoted within their Long Range Facilities Planning (LRFP) Needs Assessment from 2021-2022. This location along with three others are cited as possible locations for Elementary School #9. The report denotes that due to the result of the COVID 19 pandemic, housing costs, and lower birth rates at Bozeman Deaconess Hospital, district enrollment projections indicate an additional elementary building will not be needed for the foreseeable future, and proposes to sell this property outright as an option for the Bozeman Public School Board to consider. There are no formal development plans for this elementary school submitted to or under review by the City of Bozeman. Considerations to special use permits are based on an analysis of current local circumstances and regulatory requirements. Therefore, the proposed elementary school is not considered as a component of the application at this time. The development regulations in the BMC provide for the protection of the public health, safety, and welfare and have been applied to this application. Odor and air pollution: Additional comments also denoted concerns regarding odor and air pollution and impacts on the surrounding neighbors. The State of Montana Department of Environmental Quality administers the regulations regarding odor and air pollution related to motor fuel dispensing facilities and fueling stations. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 28 of 29 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, with conditions 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 is proposed on site to serve the uses. There are no proposed walls and fences or loading areas for this subject property. The proposed site is in a direct sight line of single household residences in the West Winds Subdivision to the south and the Crossing Subdivision to the southwest. Vehicle headlights from the proposed use and the circulation of vehicles into the fueling locations will shine on these adjacent properties. Condition of Approval #2 requires the applicant to install a solid screening wall in order to address off-site lighting impacts of vehicular headlights on adjacent residential properties. The screening wall must be constructed of masonry material similar to those used in the architecture of the retail building, and meet the requirements of Sec. 38.350.060. Details, location, and dimensions for the concrete wall must be provided prior to final approval of this site plan application. 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: There is no evidence that the proposed use will have a negative or adverse effect on abutting properties at this time. The abutting properties to the west and south are public rights of ways. The abutting property to the north is under review to be annexed by the City of Bozeman with a zone map amendment of REMU, Residential Emphasis Mixed Use District per application 22020. The Bozeman Elementary School District No. 7 currently owns the abutting property to the east. This property has a ranch style residence utilized as a single household dwelling at this time. The proposed development is sited along the northwest and southwest portion of the subject property with the portion of the property abutting this site remaining undeveloped at this time. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes, with conditions Comments: In consideration of the current local circumstances of the adjacent residences to the south and the need to mitigate impacts generated by the proposed uses, the following conditions are associated with this application for a special use permit in order to protect the public health, safety and general welfare of adjacent residential neighborhoods within the surrounding area: Condition of Approval #2: The proposed gas station is directly to the north of the West Winds Subdivision, and to the northeast of the Baxter Meadows Phase 4 Subdivision. These residential subdivisions are components of Legacy Planned Unit Developments (PUDs) that are comprised of several single-household and two-household dwellings. The zoning for both subdivisions is R-3, Residential Medium Density District, with many of these dwellings have rear setbacks adjacent to or direct viewpoints to Baxter Lane, Davis Lane, and the proposed use on the subject property. Vehicle headlights from the proposed use and the circulation of vehicles into the fueling locations will shine on these adjacent properties. Based on the residential context of these adjacent neighborhoods and the density of the residences within this area, Condition of Approval #2 requires a 3’ solid screen wall within the landscaped buffer between the fuel pump stations and Baxter Lane to be constructed in order to mitigate light pollution and overspill created by vehicular headlights. The screen wall must be constructed of masonry material similar to those used in the architecture of the retail building, and meet the requirements of Sec. 38.350.060, and Sec. 38.400.100. Details, location, and dimensions for the concrete wall must be provided prior to final approval of this site plan application. This condition is proposed to mitigate adverse impacts on the adjacent residential properties. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5 Staff Report Thriftway Super Stop Site Plan & Special Use Permit Application 22039 June 22, 2023 Page 29 of 29 Condition of Approval #3: This application proposes on-site lighting that will be in direct view of adjacent residential properties. This on-site lighting includes illumination of signage, fueling stations and canopy lighting, parking lot lighting, and the building mounted lighting. In order to mitigate light pollution, glare, and light overspill created by the overall use itself to adjacent residences, a condition is recommended to restrict all on-site lighting including illumination of signage, fueling stations and canopy, parking lots, and the building, which must be turned off between 11:00 pm and 6:00 am. This condition is not applicable to security lighting. If security lighting is proposed, a photometric plan in conformance with Division 38.570 must be reviewed and approved by the Community Development Department. This condition is proposed to mitigate adverse impacts on the adjacent residential properties. Condition of Approval #4: Adverse impacts to adjacent residences will be created by vehicle acceleration, deceleration, idling, and general road noise, as well as fuel and retail deliveries required to support the proposed uses. A condition is proposed to restrict the proposed uses of retail and automobile fuel sales or repair from operating between the hours of 11:00 pm to 6:00 am to decrease these noise impacts. This condition is proposed to mitigate adverse impacts on the adjacent residential properties. 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. DocuSign Envelope ID: 537AA2C6-D3CB-4357-949A-CEF6B829DEF5