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HomeMy WebLinkAbout22385 Staff Report FINAL Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 1 of 14 Application No. 22385 Type Site Plan Project Name Dairy Queen Catron Crossing Summary A proposed site plan to construct a new 2418 square foot convenience use restaurant building with an associated drive-through and a 335 square foot exterior patio, northwest of the intersection of Catamount Street and E Valley Center Road. Access to the site will be from a shared drive off Jamboree Way and the property contains a watercourse setback from Catron Creek. The application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, lighting and pedestrian pathways. One departure is requeseted to the Mixed Block Frontage requriements. Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 0.93 Acres Overlay District(s) None Street Address 3500 Jamboree Way Legal Description Lot 5, Block 3 of Catron Crossing Subdivision, Section 26, Township 1 South, Range 5 East, per Plat J-662, located in P.M.M., City of Bozeman, Gallatin County, Montana. Owner BVA Inc., 120 N G Street, Livingston, MT 59047-2731 Applicant Legends Studio, Inc., 3805 Valley Commons Drive, Suite 11, Bozeman, MT 59718 Representative Same as applicant Staff Planner Bailey Minnich Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 4/3/2024 – 4/24/2024 4/3/2024 4/3/2024 N/A Advisory Boards Board Date Recommendation Development Review Committee 3/27/2024 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development 5/15/24 Full application located online in the City’s Laserfiche Repsitory for Application 22385 Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 2 of 14 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to construct a convenience use restaurant building with associated drive-through north of the intersection of Catamount Street and E Valley Center Road. The development includes parking, sidewalks, landscaping, and other associated site improvements. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of 2024, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 3 of 14 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections may be identified during staff review and will be included with the final report provided to the Director of Community Development. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CODE PROVISIONS 1. BMC 38.560.020 – A sign permit is required prior to the installation of any signs on the subject site. 2. BMC 38.410.130 – Cash in lieu of water rights fee of $11,500.00 must be paid prior to final site plan approval. 3. BMC 38.510.030.C.3.c – A departure fee of $353.00 must be paid prior to final site plan approval. Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 4 of 14 Figure 1: Current Zoning Map Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 5 of 14 Figure 2: Site Plan Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 6 of 14 Figure 3: Landscaping Plan Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 7 of 14 Figure 4: Elevations Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 8 of 14 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Regional Commercial and Services Yes Zoning B-2, Community Business District Yes Comments: The project conforms to the requirements of the B-2 zoning district. B-2 is an implementing district of the 2020 Community Plan designation of Regional Commerical and Services. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Additional steps will be required including but not limited to review of final site plan approval and 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: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The project is to be completed with one phase. Site plan submittal requirements have been met. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Restaurants and Convenience Uses Yes Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front – E Valley Center Rd Block Frontage (25-feet) Block Frontage (25-feet) Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 9 of 14 Front – Jamboree Way Block Frontage (10-feet) Block Frontage (10-feet) Rear 10-feet 10-feet Side 5-feet 8-feet Comments: Restaurants and Convenience uses (drive-through restaurant) are principaluses within the B- 2 District. The proposed project meets setback requirements for the B-2 district. This application responds to the Gateway block frontage setbacks along E Valley Center Road and the Mixed- Landscaped block frontage setbacks along Jamboree Way. Lot coverage 45% Allowed 100% Yes Building height 1-Story; 20’ 6” Allowed 50-feet Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project is not within an overlay district, or zoning district with specific standards General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Convenience uses and drive-through/drive-in restaurants Yes Comments: The proposed site plan meets the requirements of this section. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No housing is proposed. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 NA Street and road dedication 38.400.020 NA Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic impact study was provided by the applicant and reviewed by the engineering division. There is a 30-foot wide shared access and utility easement with the adjacent parcel to the south, providing access to the subject property from Jamboree Way. Sidewalks 38.400.080 Yes Comments: There is an existing sidewalk adjacent to the site along the shared access easement which crosses Catron Creek, connecting to the paved shared use path along E Valley Center Rd. The site plan application proposes to install sidewalks along Jamboree Way and internal to the site providing pedestrian access to the proposed building, exterior patio, and parking areas. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: An existing shared access runs along the southern property line and will provide access to the new parking lot and trash enclosure. A second new approach will be installed off Jamboree Way along the northern property line, providing a separate drive-through only access. All width and separation requirements have been reviewed and approved by Engineering. Street vision triangle 38.400.100 Yes Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 10 of 14 Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: No new transportation pathways are proposed with this application. Vehicular access to the site is provided by an existing shared access easement from Jamboree Way and a separate vehicle access for the drive-through will be constructed along the northern property line. A pedestrian connection to the front of the building from the shared access and along Jamboree Way is proposed, with the sidewalk continuing through the lot to the existing pedestrian bridge crossing Catron Creek. This existing pedestrian crossing connects to the existing shared use path along E Valley Center Road. No transit routes are near the subject property. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering. CIL of water rights was reviewed by engineering and a CILWR fee in the amount of $11,500 is required for this project prior to final site plan approval. Public utility easements along the Jamboree Way and E Valley Center Rd frontages have already been established. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: The project proposes three drainage swales for stormwater retention on-site. Two drainage swales will be located between the proposed parking lot and Jamboree Way. The third drainage swale will be located under permeable pavers between the proposed building and Catron Creek. Grading and drainage has been reviewed by engineering and found to be conforming to requirements. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comment: Catron Creek flows through the subject property between the proposed building site and E Valley Center Road. There is an existing pedestrian bridge and path crossing Catron Creek connecting an existing sidewalk off Jamboree Way to the existing shared use path along E Valley Center Road. The subject property was Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 11 of 14 subdivided in 2020 through the Catron Crossing Subdivision and the proposed site plan is providing a 50-feet setback from the centerline of Catron Creek. The required setback is divided into two zones with Zone 1 consisting of 30-feet from the centerline of Catron Creek and Zone 2 consisting of the remaining 20-feet. The proposed structure and parking lot are located outside of the required setback. The project is proposing an exterior patio within Zone 2 which will be built as a stormwater facility using permeable pavers and will connect to a proposed permeable path on the adjacent property to the north. Additionally, the smaller drainage swale is permitted to be located within the Zone 2 setback. The submitted application includes a watercourse setback planting plan which will provide a total of 31 shrubs and 19 trees located with the Zone 1 setback area. All disturbed areas within the watercourse setback will be seeded with either a native riparian seed mix within Zone 1 or a native seed mix within Zone 2. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks or required parkland are proposed or required with this application. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Gateway and Mixed-Landscaped Yes, with departure Departure criteria Yes Yes Comments: The subject property contains two street frontages along the east and west property lines. Jamboree Way to the west is listed as Mixed block frontage and E Valley Center Road to the east is listed as Gateway block frontage. Since E Valley Center Road is the street of higher classification, it is considered the primary block frontage for the orientation of the proposed building. The site plan complies with Gateway designation through the minimum required setback, building entrances, and the proposed parking lot is located to the rear of the proposed building. The east side of the building will also comply with the required façade transparency by proposing 46% transparency between 4-feet to 8-feet above the adjacent sidewalk The applicant has chosen the Landscaped block frontage for compliance with the Mixed designation along Jamboree Way. A departure requrest was submitted with the site plan application for the requirement of a 10-feet wide landscape buffer between the street and off-street parking area. While most of the buffer requirement can be met along the northern half of the lot, as Jamboree Way curves towards the south the proposed parking area becomes approximately 5 feet from the edge of the public sidewalk. The applicant states the reason for the departure is due to the limited buildable square footage of the lot and has provided a landscape design to meet the intent of the standard, mitigating the visual impact of the parking area along Jamboree Way. Staff finds the departure meets the required criteria and that it is sufficient for approval. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 12 of 14 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 12 Reductions nonresidential 38.540.050.A.2.c 0 Provided off-street 12 Provided on-street 0 Bicycle parking 38.540.050.A.4 2 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 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: Pedestrian paths through the site and to the service areas meet the standards in this section for location, connections, and widths. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 NA Total required NA NA Total provided NA NA Comments: No new commercial open space is not triggered by this application. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The utility meter is mounted on the northern elevation of the proposed building and is screened with landscape vegetation. Rooftop mechanical equipment is screened through the use of a parapet wall on all sides of building. The associated trash and solid waste enclosure is located at the northern end of the proposed parking lot, between the parking lot and new drive-through lane. The trash enclosure is surrounded with landscape vegetation to a height of 4-feet and includes a canopy cover between 8-feet to 11-feet in overall height. 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 proposed building is approximately 2418 square feet and roughly 73-feet x 31-feet. Canopies are proposed above all exterior doorways and the drive-through windows. Exterior materials are primarily shiplap siding with brick accents at the primary entrance and along the bottom walls. Awnings and doorframes are proposed to be metal. Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 13 of 14 Comments: BMC 38.540.020.N provides stacking requirements for drive-in/drive-through facilities. Required parking and stacking spaces for waiting automobiles must provide a minimum of two stalls and six spaces for stacking per lane unless a traffic summary shows that fewer spaces may be required. Engineering reviewed the traffic impact study provided by the applicant and found that it adequately demonstrates the maximum queue length is nine cars. The overall parking demand for the new building and exterior patio is 12 spaces, which will be provided within the new parking area. The applicant is required to provide 2 bicycle parking spaces and proposes an inverted U bike rack near the exterior patio area. All requirements are met. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 NA Comments: No street trees are required along Jamboree Way as it is designated an alley per the existing plat. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is approved with this application. A separate sign permit is required prior to the installation of any commercial signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The lighting meets the required cutoff and intensity requirements and includes Lithonia LED parking lot lights and recessed canopy lights. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. One public comment was received as of the writing of this report with concerns Staff Report DQ Catron Crossing Site Plan Application No. 22385 May 15, 2024 Page 14 of 14 regarding traffic congesterion in the shared access of Jamboree Way. The public comment requested the shared drive by widened to 36-feet, creating a separate lane to the adjacent drive-through restaurant to the south. The regulations state a minimum of 24-feet is required for two-way access and the proposed site plan is showing 27-feet, compliant with the underlying Master Site Plan.Increased drive aisle widths can encourage higher vehicular speeds ande increase the risk of collisons with both vehicles and pedestrians. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: No new easements or lot line adjustments are required with this application.