HomeMy WebLinkAbout11 17 08_Town & Country Campus Square Site Plan and Zoning
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Town & Country Campus Square Site Plan & Zoning Variance Applications
#Z-08237 & #C-08006
MEETING DATE: Monday, November 17, 2008 at 6:00 p.m.
RECOMMENDATION: First Motion: That the Commission approve the Town & Country Campus
Square Zoning Variance application #C-08006. Second Motion: That the Commission approve the Town
& Country Campus Square application #Z-08237.
BACKGROUND: Property owner Carmike Cinemas Inc., applicant Town & Country Foods Inc., and
representatives Van Bryan Studio Architects and Stahly Engineering & Associates, Inc., made
applications for a Site Plan and Zoning Variance to allow the extensive renovation and remodel of the
existing Carmike Cinemas movie theater at 1611 S. 11th Avenue into a Town & Country Foods grocery
store, a restaurant and retail space. The remodel will stay within the existing building footprint of the
existing movie theater. Parking lot, landscaping and pedestrian access improvements are included with
the application.
The site plan development requires a zoning variance from Section 18.44.060.D of the Bozeman
Municipal Code. The applicant requests a variance from the requirement to mitigate the Level of Service
at the following intersections: 1) S. 7th Avenue & Kagy Boulevard, 2) S. 19th Avenue and Lincoln Street,
3) S. Willson Avenue and W. College Street, and 4) S. 23rd Avenue and W. College Street. Said variance
would allow occupancy of the Town & Country Campus Square grocery store without mitigating the
identified deficient Level of Service at the three intersections. The site plan development also requires a
zoning variance from Section 18.42.100.B of the Bozeman Municipal Code. The applicant requests a
variance to allow the continued use of an existing drive access that encroaches into the minimum 50-foot
watercourse setback along an un-named watercourse/drainage swale in the southwest portion of the
property.
The standard review authority for variance applications is the Board of Adjustment. The City
Commission on October 27, 2008 voted affirmatively to reclaim jurisdiction of this variance application
from the Board of Adjustment. The City Commission is the final review authority for this application.
UNRESOLVED ISSUES: Staff is not aware of any unresolved issues for this proposed development at
this time.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the proposed
development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Allyson Bristor at abristor@bozeman.net if you have any questions prior to
the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
173
CITY COMMISSION STAFF REPORT
TOWN & COUNTRY CAMPUS SQAURE SITE PLAN AND ZONING VARIANCE APPLICATIONS
#Z-078237 & #C-08006
#Z-08237 & #C-08006 Town & Country Campus Square Site Plan & Zoning Variance Staff Report 1
Item: Zoning Applications #Z-08237 and #C-08006, Site Plan and Zoning
Variance applications to allow the extensive renovation and remodel of the
existing Carmike Cinemas movie theater at 1611 S. 11th Avenue into a
Town & Country Foods grocery store, a restaurant and retail space. The
remodel will stay within the existing building footprint of the existing movie
theater. Parking lot, landscaping and pedestrian access improvements are
included with the application. The site plan development requires a zoning
variance from Section 18.44.06 and Section 18.42.100.B of the Bozeman
Municipal Code. The property is zoned as B-1 (Neighborhood Business
District).
Owner: Carmike Cinemas, Inc.
PO Box 391
Columbus, GA 31902
Applicant: Town & Country Foods, Inc.
219 N. 19th Avenue
Bozeman, MT 59718
Representatives: Van Bryan Studio Architects
c/o Leah Shute
21 W. Babcock Street
Bozeman, MT 59715
Stahly Engineering & Associates Inc.
c/o Randy P. Wall
7585 Shedhorn Drive
Bozeman, MT 59718
Date: City Commission Meeting: Monday, November 17, 2008 at 6:00 p.m. in the
City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is addressed at 1611 South 11th Avenue, which is legally described as Parcel I: Lots 3 and 4
of the Amended Plat of Lots 1, 2, 3 and 4, Tai Lane Addition, City of Bozeman, Gallatin County, Montana,
according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana (Plat Reference: I-3-A) City of Bozeman, Gallatin County, Montana; and Parcel II: Lots 8 and 9
of Tai Lane Addition, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file
and of record in the office of the County Clerk and Recorder, Gallatin County, Montana (Plat Reference: I-3).
The property is zoned as B-1 (Neighborhood Business District). Please refer to the following vicinity map.
174
PROPOSAL
Property owner Carmike Cinemas Inc., applicant Town & Country Foods Inc., and representatives Van Bryan
Studio Architects and Stahly Engineering & Associates, Inc., made applications for a Site Plan and Zoning
Variance to allow the extensive renovation and remodel of the existing Carmike Cinemas movie theater at 1611 S.
11th Avenue into a Town & Country Foods grocery store, a restaurant and retail space. The remodel will stay
within the existing building footprint of the existing movie theater. Parking lot, landscaping and pedestrian access
improvements are included with the application.
The site plan development requires a zoning variance from Section 18.44.060.D of the Bozeman Municipal Code.
The applicant requests a variance from the requirement to mitigate the Level of Service at the following
intersections: 1) S. 7th Avenue & Kagy Boulevard, 2) S. 19th Avenue and Lincoln Street, 3) S. Willson Avenue
and W. College Street, and 4) S. 23rd Avenue and W. College Street. Said variance would allow occupancy of
the Town & Country Campus Square grocery store without mitigating the identified deficient Level of Service at
the three intersections. The site plan development also requires a zoning variance from Section 18.42.100.B of
the Bozeman Municipal Code. The applicant requests a variance to allow the continued use of an existing drive
access that encroaches into the minimum 50-foot watercourse setback along an un-named watercourse/drainage
swale in the southwest portion of the property.
On November 6, 2008 the Development Review Committee (DRC) completed a four-week review and
recommended conditional approval of both applications. Their recommended conditions and comments are
included in this report.
RECOMMENDATION & CONDITIONS OF APPROVAL
Based on the previous analysis, the Development Review Committee finds that the applications, with conditions,
are in general compliance with the adopted Growth Policy and Title 18 of the Bozeman Municipal Code. The
following conditions of approval are recommended. Please note that these conditions are in addition to the
required code provisions listed on pages 5 through 9 of this report.
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Planning
1. A five foot or larger side yard setback must be provided along the entire south property boundary, including
the portion alongside the parking lot drive aisle.
2. All chainlink fences that exist on the property shall be removed or replaced with new fence(s). If a new fence
is proposed, a design detail shall be submitted with the final site plan submittal.
3. All light fixtures and light bollards that exist on the property shall be removed or replaced with new lighting
fixtures.
4. In lieu of parking lot landscaping screening for the Tai Lane Apartments’ residential adjacency along the
west/north/east property boundaries, a four to six foot high architectural screen shall be provided to screen the
parking lot. A design detail of the proposed architectural screen shall be submitted with the final site plan
submittal.
5. The required parking lot landscaping screening for the University Apartments’ residential adjacency along the
south property boundary shall be not less than four feet in width and be maintained at a height of four to six
feet. The proposed landscaping plan for residential screening purposes shall be revised with the final site plan
submittal to abide by said requirements.
6. The applicant shall provide an exhibit and inventory of all existing landscaping to be protected, replaced,
removed, or moved on site with the final site plan. At the time of final inspection of the newly installed
landscaping approved on the final landscape plan all landscaping that was either protected, moved or removed
shall be accounted for and noted as on site or noted as removed with the prior approval of the Department of
Planning. Standard tree protection measure including orange, 4’ high barrier fencing installed at each tree’s
drip line shall be instituted for all trees to be protected prior to any grading on site.
7. All pedestrian crossings in the parking lot shall be a pigmented and scored concrete crosswalk.
8. A minimum ten-foot wide pigmented and scored concrete crosswalk shall be provided between the primary
entrances to the grocery and the main east-west pedestrian walkways through the parking area.
9. A more detailed parking table shall be included on the site plan with the Final Site Plan submittal. The
parking table shall show the proposed floor area of all uses, the required parking from said floor area, and any
applicable reductions as stated in the BMC The required parking must be provided with the final site plan
approval.
10. Any use of a synthetic surface (i.e. dryvit, EIFS) shall delineate on the exterior elevations the use of the joint
details as a method to establish a sense of pattern and rhythm throughout the surface, for review and approval
by Administrative Design Review staff prior to final site plan approval. A large surface that lacks articulation
or detailing is inappropriate.
11. Any storm runoff roof facilities that are not internal systems and are visible from adjacent streets and/or
property should be designed to serve as a secondary architectural feature that compliments the materials and
color vocabulary of the structure.
12. The horizontal and vertical siding proposed on the building shall be a commercial grade material that provides
relief and texture that will convey a sense of human scale in the detailing. Any proposed synthetic, plastic
material is inappropriate within the context of this project and the immediate area.
13. All exterior windows on all the buildings shall utilize transparent clear glass. No frosted, dark tinted, or
spandrel glass allowed.
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14. A separate site plan for construction material storage/staging areas shall be submitted with the final site plan
submittal. The plan shall include the proposed design and location of construction screening/fencing, etc.
15. The common signage plan for this project shall be determined by the applicant prior to Final Site Plan
approval, and shall determine, dimensions, materials, color, method of installation, illumination, and
construction methods, and noted accordingly on the final site plan. A sign Permit shall be reviewed and
approved by the Planning Office prior to the construction and installation of any on-site signage.
16. The exterior elevations do not illustrate the roof mounted mechanical equipment typically found with this
type of use. The final site plan shall contain a notation that all roof-top mechanical equipment shall be
situated such that the top of said equipment at its highest point will be placed below the top of any parapet
wall or screening device at all four corners and elevations. Said mechanical equipment shall also be
delineated accordingly on the exterior elevations to verify proper placement and screening of all roof-top
mechanical equipment.
17. A perspective study including modeling shall be provided with the Town and Country building final site plan
for approval to confirm that all mechanical equipment on the rooftop will be screened. This study shall
include a study of the viewshed from the intersection of N. 11th Avenue and Kagy Boulevard and from north
bound traffic on South 11th Avenue.
18. No truck parking or outdoor storage of any kind is permitted on site without prior approval of the Planning
Department. Loading and unloading only, in the designated loading area, is permitted.
19. A final site plan master details sheet shall be prepared for the final site plan submittal to include all applicable
site details. Items to be included in this sheet shall be lighting fixtures including pole and mounting details
for both site lighting (parking lot, pedestrian, and accent) and building mounted fixtures; site furniture
(benches, tables, chairs, trash receptacles, etc.); ground level railings or handrails; crosswalk and ramp details
including concrete pigment and scoring patterns; tree grate details; planter details; common site circulation
signage (vehicular and pedestrian); bicycle racks; retaining wall details; trash enclosures; screen walls;
mechanical screening, architectural screens; and any other details that apply to the site. The master details
sheet shall be reviewed and approved by Administrative Design Review staff prior to Final Site Plan
approval.
20. A color palette for the building that includes actual material samples and color chips shall be submitted for
review and approval by Administrative Design Review staff prior to Final Site Plan approval. The
materials/color palette shall be presented on a board no larger than 24” x36” in size and contain all the
primary materials to be utilized on the building including window/storefront frames and doors, and any
proposed fencing or screening proposed on the site. All final building elevations and details shall be keyed to
the color palette to delineate where each individual building material and color is specified. The palette shall
be returned to the applicant following approval.
21. Upon submitting the final site plan application for approval by the Planning Director, and prior to issuance of
a building permit, the applicant shall submit a written narrative outlining how each of the above conditions of
approval and code provisions have been satisfied.
Engineering
22. A 15’ wide Public Street Easement shall be granted to provide 45’ of total right-of-way width west of the
section line along the entire South 11th Avenue frontage. The easement shall be acceptable in form and
content and executed by the property owner(s) prior to Final Site Plan approval.
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23. Signing and striping improvements shall be completed on South 11th Avenue from Lincoln Street to Kagy
Boulevard in accordance with the 45’ back-of-curb Collector standard of the 2001 Transportation Plan. A
signing and striping plan shall be prepared and submitted to the City of Bozeman for review and approval
prior to construction. Improvements shall be completed prior to the issuance of building permits, unless
all provisions set forth in Section 18.74.030.C.1.b of the Unified Development Ordinance are met to
allow for concurrent construction.
24. Intersections with deficient Level of Service (LOS) identified in the October 27, 2008 Town & Country
Traffic Study shall be improved to an acceptable standard, unless a variance is approved. MDT must review
and approve the traffic study and any proposed improvements to designated MDT Urban Routes.
Improvements shall be completed prior to the issuance of building permits, unless all provisions set
forth in Section 18.74.030.C.1.b of the Unified Development Ordinance are met to allow for concurrent
construction.
25. Mutual access and parking easement(s) shall be provided for and between all lots of the project. The
easement(s) shall be acceptable in form and content and executed by the property owner(s) prior to Final Site
Plan approval.
26. An access easement shall be obtained, or proof of an existing easement provided, across the neighboring
property to the Lincoln Street approach.
27. The site accesses do not satisfy separation standards of Section 18.44.090.D.3 UDO. An access deviation
shall be provided along with all information required in Section 18.44.090.H and must be approved by the
City Engineer prior to Final Site Plan approval.
ZONING DESIGNATION & LAND USES
The property is zoned B-1 (Neighborhood Business District). The intent of the B-1 district is to provide for
smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as
well as residential development as a secondary purpose, while still maintaining compatibility with adjacent
residential land uses.
The following land uses are adjacent to the subject property:
North: Developed lots. MSU Endowment & Research Foundation offices, the Tai Lane Apartments, and
commercial building, zoned R-O (Residential Office District) and B-1.
South: Developed lots. University Apartments, zoned R-4 (High Density Residential District).
West: South 11th Avenue corridor and MSU Brick Breeden Fieldhouse, zoned PLI (Public Lands and
Institutions District).
East: Undeveloped lots. An un-named watercourse/drainage swale and county zoned land.
ADOPTED GROWTH POLICY DESIGNATION
The Future Land Use Map of the Bozeman 2020 Community Plan designates the subject property to develop as
“Neighborhood Commercial.” The “Neighborhood Commercial” classification is the smallest scale of the
commercial land use designations and is oriented to serving the needs of neighborhoods. This category is typified
by smaller scale shops and services and a high level of pedestrian, bicycle, and transit opportunities.
Neighborhood Commercial centers are intended to support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate
the provision of services and opportunities to persons without requiring the use of an automobile. Activities
commonly expected in this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small
#Z-08237 & #C-08006 Town & Country Campus Square Site Plan & Zoning Variance Staff Report 5 178
restaurants, and residences above other activities. Multiple story buildings are encouraged to establish a unique
visual character to these areas.
REVIEW CRITERIA & STAFF FINDINGS
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design
Review Board or Wetlands Review Board, shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
The development proposal is in conformance with the Bozeman 2020 Community Plan and the
“Neighborhood Commercial” classification. The development will serve the MSU neighborhood and
includes three different commercial uses that can be utilized by the neighboring high density residential
areas: grocery store, restaurant and office. The remodel of the existing theater will add a second floor
while staying within the existing building footprint.
2. Conformance to this title, including the cessation of any current violations;
Planning
a. Section 18.34.130 requires the applicant to submit seven (7) copies a Final Site Plan within 6 months
of preliminary approval containing all of the conditions, corrections and modifications to be reviewed
and approved by the Planning Office.
b. Section 18.34.130 requires that the final site plan shall contain the materials required in 18.78.080 and
18.78.090. Specifically the final site plan shall show all utilities and utility rights-of-way or
easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services;
(4)Water; and (5) Sewer (sanitary, treated effluent and storm).
c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval. Building Permits will not be issued until the
Final Site Plan is approved.
d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be
incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing
or plant materials. The site plan shall contain a notation that no ground mounted mechanical
equipment, including, but not limited to utilities, air exchange conditioning units, transformers, and
meters shall not encroach into the required yard setbacks and will be properly screened with an
opaque solid wall and adequate landscape features.
e. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on
the building must be included in the final site plan submittal. A photometric lighting plan and cut
sheets for all proposed luminaires shall be submitted with the final site plan to ensure compliance
with Section 18.42.150.D. Clarify that all proposed parking lot and site lighting do not exceed the
maximum allowed 25 foot pole height.
f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific
as approved by the City Sanitation Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site
#Z-08237 & #C-08006 Town & Country Campus Square Site Plan & Zoning Variance Staff Report 6 179
plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and
details of the materials used, shall be sent to and approved by the City Sanitation Division (phone:
586-3258) prior to final site plan approval.
g. Section 18.42.100.B requires a watercourse setback planting plan shall be prepared by a qualified
landscape professional, and shall be reviewed and approved by the Planning Department prior to the
commencement of development or site preparation.
h. Section 18.46.020.A requires a minimum parking stall size of 18 feet if measured from a curb on the
inside edge of the stall. The proposed parking spaces are 20 feet in length, but are only served by a
four foot wide sidewalk. The stalls could be reduced to 18 feet in length when the required sidewalk
is increased to the required 5 foot width as required in 18.46.020.L.
i. Section 18.46.020.A requires a minimum drive aisle width of 26’ from back of stall to back of stall to
serve 90 degree parking.
j. Section 18.46.020.L requires that where a sidewalk curbs serve as wheel stops, an additional 2 feet of
sidewalk width is required in addition to the minimum 3 foot sidewalk.
k. Section 18.46.040.D states that disabled accessible spaces shall be located as near as practical to a
primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in
all directions. Raised signs shall be located at a distance no greater than five feet from the front of
each accessible space and shall state “Permit Required $100 Fine”. One of the disabled accessible
spaces shall also be signed “Van Accessible.” The “Van Accessible” space shall be 8 feet wide with
an 8 foot wide striped unloading aisle/ramp.
l. Section 18.46.040.E requires that bicycle parking shall be provided. A cut sheet or detail of the
proposed bicycle parking shall be provided with the final site plan. The bicycle racks shall be one of
the preferred designs recommended by the Bozeman Bicycle Advisory Board.
m. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction
and installation of any on-site signage.
n. The final landscape plan shall be signed and certified by a landscape professional as outlined in
Section 18.78.100.
Engineering
o. Plans and specifications for any water, sewer and/or storm sewer main extensions and Public Streets
(including curb/gutter and sidewalks, signing/striping, intersections, etc.) prepared by a Professional
Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The applicant shall provide
Professional Engineering services for construction inspection, post-construction certification and
preparation of mylar record drawings. Specific comments regarding the existing and proposed
infrastructure shall be provided at that time. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted.
Building permits will not be issued prior to City acceptance of infrastructure improvements
unless all provisions set forth in Section 18.74.030.C.1.b of the Unified Development Ordinance
are met to allow for concurrent construction.
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p. Plans and specifications for any fire service line (and domestic services 4” or larger) must be prepared
in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to
and approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification and preparation of mylar record drawings.
Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from
the infrastructure plans and final site plan.
q. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),
stormwater detention/retention basin details (including basin sizing and discharge calculations and
discharge structure details), stormwater discharge destination, and a stormwater maintenance plan.
A drainage easement must be established on the adjacent property and filed with the County Clerk &
Recorder for drainage improvements and discharge courses located off the subject property.
r. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used
provided.
s. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately.
Distinction between proposed and existing easements shall be made. Any proposed easements shall
be provided prior to FSP approval.
t. Sewer, water and fire services shall be shown, with sizes labeled, on the Final Site Plan from main to
building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service
shall be completed by the applicant.
u. The location of existing and proposed water/sewer mains and services shall be properly depicted, as
well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable from
existing.
v. Proposed water/sewer mains, services and hydrants shall be depicted on the landscape plan and
maintain a minimum horizontal separation of 10’ to proposed landscape trees and lot lighting
improvements.
w. A Street Cut Permit shall be obtained from the Engineering Department prior to cutting any publicly
maintained street.
x. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire
new parking lot and/or access perimeter and be adequately identified (i.e. drop vs. spill curb) on the
FSP.
y. As per section 18.44.090 UDO access approaches shall be constructed in accordance with City
Standards and be labeled and detailed as such on the FSP.
z. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1’ foot off
property line) along all street frontages. Any deviation to the standard alignment or location must be
approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to
construction.
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aa. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings
or other obstructions shall be located in the vision triangle in excess of 30” in height above the street
centerline grade.
bb. The applicant shall submit a construction route map dictating how materials and heavy equipment
will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
cc. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes necessary for
the City to correct any problems that are identified.
dd. If construction activities related to the project result in the disturbance of more than 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a
Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control
plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100’
from State Waters.
ee. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S.
Army Corps of Engineers shall be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval.
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. The following code provisions must be
addressed prior to Final Site Plan approval:
3. Conformance with all other applicable laws, ordinances, and regulations;
The final site plan submittal will be reviewed to ensure compliance with this section. Also, the project
will also have to meet all other applicable laws, ordinances, and regulations throughout the construction
as well as during occupancy.
4. Relationship of site plan elements to conditions both on and off the property;
The subject property is located in close proximity to the MSU campus, allowing it to serve the student
population, faculty, and university employees. It also close to existing transit routes. All forms of
transportation can access the site: automobile, bike and pedestrian. All proposed site plan elements work
within the anticipated context of a neighborhood commercial zoning district.
The appropriately scaled development includes remodeling the existing theater building into a grocery
store, a restaurant, and accessory offices. A second floor is added to the building, but the footprint
remains unchanged. Building height remains under the maximum allowed for B-1 zoning. Two primary
first floor entrances are proposed to the building, one on the west side and one on the east side. A
secondary entrance is proposed on the north side of the building.
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The existing parking area remains in the same general location, with the majority of spaces located to the
rear (west) of the building. However, some parking remains to the front (east) of the building and to the
sides. The site accesses remain unchanged with the development. They do not satisfy separation
standards of Section 18.44.090.D.3 of the BMC, so Engineering Staff placed a condition requiring the
applicant to request an access deviation from the City Engineer prior to Final Site Plan approval. The
parking lot is improved with added pedestrian crosswalks, landscaped boulevards, and new lighting
fixtures. Such changes help to make the development more compatible and sensitive to the immediate
environment of the site and the adjacent neighborhoods.
There is an un-named watercourse/drainage swale exists in the southwest portion of the site. A BMC
provision requires the applicant to create a watercourse setback planting plan and include with the final
site plan submittal.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
Several of the Engineering Staff conditions of approval are related to the development’s traffic and
parking conditions. The base parking appears to be just short for the proposed uses (211 parking spaces
required, with 207 being provided). Planning Staff is requiring a more detailed parking table, showing
the proposed floor area of all uses, the required parking from said floor area, and any applicable
reductions. The required parking must be provided with the final site plan approval. As conditioned by
Engineering Staff, mutual access and parking easement(s) shall be provided for and between all lots of the
project. The easement(s) shall be acceptable in form and content and executed by the property owner(s)
prior to Final Site Plan approval.
Conditioned by Engineering, a 15-foot wide Public Street Easement shall be granted to provide 45’ of
total right-of-way width west of the section line along the entire South 11th Avenue frontage. The
easement shall be acceptable in form and content and executed by the property owner(s) prior to Final
Site Plan approval. Also conditioned, an access easement shall be obtained, or proof of an existing
easement provided, across the neighboring property to the Lincoln Street approach.
The Engineering Department required the applicant to examine thirteen intersections within one mile of
the project site in a Traffic Impact Study (TIS). The results of the study revealed that seven out of
thirteen intersections operate at a Level of Service (LOS) “F.” This LOS category requires the applicant
to mitigate the impacts to the intersections, or request a zoning variance waiving the requirement. The
applicant is proposing mitigation for three intersections:
• S. 19th Avenue and Kagy Boulevard: optimization of cycle lengths and splits for the signal at the
intersection;
• S. 11th Avenue and Kagy Boulevard: intersection improvements as deemed appropriate by the
City of Bozeman and Montana Department of Transportation (MDT);
• S. 11th Avenue and Lincoln Street: installation of a four-way stop and southbound right turn lane.
The remaining four intersections are included in the applicant’s zoning variance request from Section
18.44.060.D, “Street Improvement Standards: Level of Service Standards,” of the Bozeman Municipal
Code. The applicant requests a variance from the requirement to mitigate the Level of Service at the
following intersections:
• S. 7th and Kagy Boulevard
• S. 19th and Lincoln Street
• W. College Street and S. Willson Avenue
• W. College Street and S. 23rd Avenue
As conditioned by Engineering Staff, intersections with deficient Level of Service (LOS) identified in the
October 27, 2008 Town & Country Traffic Study shall be improved to an acceptable standard, unless a
variance is approved. Montana Department of Transportation (MDT) must review and approve the traffic
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study and any proposed improvements to designated MDT Urban Routes. Improvements shall be
completed prior to the issuance of building permits, unless all provisions set forth in Section
18.74.030.C.1.b of the Unified Development Ordinance are met to allow for concurrent construction.
6. Pedestrian and vehicular ingress and egress;
For pedestrians, the proposal includes an east-west pedestrian walkway from the S. 11th Avenue sidewalk
and the primary east building entrance. Planning Staff is conditioning all proposed pedestrian crosswalks
in the parking lot to be pigmented and scored concrete, so they are distinguishable from the asphalt. The
interior walkways direct pedestrians to both primary entrances of the building.
For vehicles, the site accesses remain unchanged with the development. They do not satisfy separation
standards of Section 18.44.090.D.3 of the BMC, so Engineering Staff placed a condition requiring the
applicant to request an access deviation from the City Engineer prior to Final Site Plan approval.
As conditioned by Engineering Staff, signing and striping improvements shall be completed on South
11th Avenue from Lincoln Street to Kagy Boulevard in accordance with the 45’ back-of-curb Collector
standard of the 2001 Transportation Plan. The improvements shall include a new bike lane, improving
non-automobile transportation access to the site. A signing and striping plan shall be prepared and
submitted to the City of Bozeman for review and approval prior to construction. Improvements shall be
completed prior to the issuance of building permits, unless all provisions set forth in Section
18.74.030.C.1.b of the Unified Development Ordinance are met to allow for concurrent construction.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space,
and pedestrian areas, and the preservation or replacement of natural vegetation;
The landscape design is required to meet the standard of 23 points. The landscape plan currently
designates that 31 points are met on site. The final landscape plan will be reviewed during final site plan
review for conformance with the requirements of Chapter 18.48 BMC.
8. Open space;
No residential component is included with the development proposal. Therefore, no open space is
required by the BMC.
9. Building location and height;
The appropriately scaled development includes remodeling the existing theater building into a grocery
store, a restaurant, and accessory offices. A second floor is added to the building, but the footprint
remains unchanged. Building height remains under the maximum allowed for B-1 zoning. The roof line
of the building is varied with wood tower elements above all building entrances.
10. Setbacks;
All minimum yard setbacks appear to be met or exceeded with the development proposal, except for the
side yard along the south property boundary. As conditioned by Planning Staff, a five foot or larger side
yard setback must be provided along the entire south property boundary, including the portion alongside
the parking lot drive aisle.
11. Lighting;
The Final Site Plan must indicate the specific type of fixtures proposed and their location. Cutsheets and
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light details shall be provided with the final site plan. All lighting must conform to code requirements.
Staff has noted a code provision that will require that a photometric lighting plan be provided with the
final site plan to confirm conformance with the regulations.
12. Provisions for utilities, including efficient public services and facilities;
Water and sewer exist for the development proposal. Water and sewer service is provided to the
remodeled building. No trees are permitted within ten feet of mains and services as noted in the BMC.
13. Site surface drainage;
A storm water retention pond and catch basin are proposed in the northwest corner of the site.
Stormwater runoff calculations will be required as part of the final site plan submittal, to confirm that the
system will be able to accommodate the quantity of stormwater produced by the site.
14. Loading and unloading areas;
A loading dock is proposed on the south side of the building. It is not located closer than 50 feet to any
neighboring residential lots. Planning Staff finds the proposed concrete wall as adequate screening for the
site. As conditioned, no truck parking or outdoor storage of any kind is permitted on site without prior
approval of the Planning Department. Loading and unloading only, in the designated loading area, is
permitted.
15. Grading;
This site slopes downward east to west. The existing building is already constructed for said grading, and
the remodel will stay within the existing building footprint. A storm water retention pond and catch basin
are proposed in the northwest corner of the site.
16. Signage;
As required by code provisions, all new signage shall require a sign permit.
17. Screening;
All rooftop and ground mounted mechanical equipment will have to be screened. Planning Staff is
requiring the applicant to perform a perspective study, including modeling, to confirm that all mechanical
equipment on the building rooftop will be screened. This study shall include a study of the viewshed
from the intersection of N. 11th Avenue and Kagy Boulevard and from north bound traffic on South 11th
Avenue. The study and screen details shall be provided with the final site plan submittal.
18. Overlay district provisions;
Not applicable.
19. Other related matters, including relevant comment from affected parties; and
Several letters of public comment were submitted in regards to the development proposal. Copies of
letters are enclosed. 47 letters are in support of the development and 13 letters express concern. The
areas of concern include traffic congestion from the grocery store use, pedestrian access and safety, noise
pollution and light pollution. Staff believes that several of the conditions of approval and code provisions
adequately address said concerns.
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20. If the development includes multiple lots that are interdependent for circulation or other means
of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration or use of
the property or cause the development to become nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which the City is a
party so that the sale of individual lots will not cause one or more elements of the development to
become nonconforming.
This development is proposed on separate lots. Staff recommends a condition that mutual access
and parking easement(s) shall be provided for and between all lots of the project. The
easement(s) shall be acceptable in form and content and executed by the property owner(s) prior
to Final Site Plan approval.
Section 18.66.060.C “Zoning Variances: Criteria for Consideration and Decision”
The Engineering Department required the applicant to examine thirteen intersections within one mile of the
project site in a Traffic Impact Study (TIS). The results of the study revealed that seven out of thirteen
intersections operate at a Level of Service (LOS) “F.” This LOS category requires the applicant to mitigate the
impacts to the intersections, or request a zoning variance waiving the requirement. The applicant is proposing
mitigation for three intersections:
• S. 19th Avenue and Kagy Boulevard: optimization of cycle lengths and splits for the signal at the
intersection;
• S. 11th Avenue and Kagy Boulevard: intersection improvements as deemed appropriate by the City of
Bozeman and Montana Department of Transportation (MDT);
• S. 11th Avenue and Lincoln Street: installation of a four-way stop and southbound right turn lane.
The remaining four intersections are included in the applicant’s zoning variance request from Section
18.44.060.D, “Street Improvement Standards: Level of Service Standards,” of the Bozeman Municipal Code. The
applicant requests a variance from the requirement to mitigate the Level of Service at the following intersections:
• S. 7th Avenue and Kagy Boulevard
• S. 19th Avenue and Lincoln Street
• S. Willson Avenue and W. College Street
• S. 23rd Avenue and W. College Street
The applicant is also requesting a zoning variance from 18.42.100.B.3, “Watercourse Setback: Setbacks,” of the
Bozeman Municipal Code. The applicant requests a variance to allow the continued use of an existing drive
access that encroaches into the minimum 50-foot watercourse setback along an un-named tributary of Mandeville
Creek in the southwest portion of the property.
Staff reviewed both zoning variances under the required criteria and offer comments below.
In acting on an application for a variance, the City Commission shall designate such lawful conditions as will
secure substantial protection for the public health, safety and general welfare, and shall issue written findings
setting forth factual evidence that the following criteria have been satisfied.
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A. The variance will not be contrary to and will serve the public interest;
Section 18.44.060.D of the BMC
S. 7th Avenue and Kagy Boulevard
The applicant is unable to install the required improvements to mitigate the level of service at the
intersection of S. 7th Avenue and Kagy Boulevard Kagy Boulevard is classified as an Urban Route by the
Montana Department of Transportation (MDT). MDT has approval authority over any proposed changes
or improvements along Kagy Boulevard MDT will not allow any improvements to this intersection at
this time. Therefore, the public interest is determined to have been met by the approval authority
exercised by MDT.
S. 19th Avenue and Lincoln Street
The applicant is unable to install the required improvements to mitigate the level of service at the
intersection of S. 19th Avenue and Lincoln Street S. 19th Avenue is classified as an Urban Route by MDT.
MDT has approval authority over any proposed changes or improvements along S. 19th Avenue
Construction work is currently underway by MDT at this intersection, and includes level of service
improvements as necessary. Therefore, the public interest is determined to have been met by the approval
authority exercised by MDT.
S. Willson Avenue and W. College Street
The applicant is unable to install the required improvements to mitigate the level of service at the
intersection of S. Willson Avenue and W. College Street S. Willson Avenue is classified as an Urban
Route by MDT. MDT has approval authority over any proposed changes or improvements along S.
Willson Avenue. MDT, in correlation with the City of Bozeman, have been working together over the
last two years on an intersection improvement design for this location. Funding for said improvement has
been in place. Therefore, the public interest is determined to have been met by the approval authority
exercised by the City of Bozeman and MDT.
S. 23rd Avenue and W. College Street
At the direction of the City Commission, Staff was directed to propose a zone text amendment to modify
Level of Service (LOS) requirements as stated in Title 18 of the Bozeman Municipal Code (BMC). The
change in the LOS requirements should better accommodate infill and remodel projects. Staff has
advertised for the zone text amendment and a Commission public hearing is pending. Staff believes the
proposed modification of LOS requirements will make a variance request for this intersection
unnecessary. Therefore, the public interest is determined to be met in the near future by the approval
authority exercised by the City of Bozeman.
Section 18.42.100.B.3 of the BMC
According to the topographic mapping performed by Stahly Engineering, the setback to the un-named
tributary varies between 15 to 35 feet from the edge of the existing curb at the southwest boundary of the
existing parking lot drive aisle. The existing parking lot was constructed as part of plans approved by the
City of Bozeman in 1994 (“Addition To: Campus Square Theatre”). The physical location of the parking
lot drive aisle has existed since 1994 and was installed in accordance with City of Bozeman ordinances
and guidelines that were in effect at that time. With the development proposal, the physical location of
the parking lot drive aisle that is in proximity to the tributary remains unchanged. The applicant will be
improving the condition of the tributary by implementing a watercourse setback planting plan. Therefore,
the public interest is determined to be met by a previous application review and by future landscaping
improvements.
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B. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of the title;
• Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by
the applicant or previous predecessors in interest, or potential for greater financial returns;
and
• Conditions unique to the property may include, but are not limited to, slope, presence of
watercourses, after the fact imposition of additional regulations on previously lawful lots,
and governmental actions outside of the owners control;
Section 18.44.060.D of the BMC
S. 7th Avenue and Kagy Boulevard
For this specific variance the dual jurisdiction (City of Bozeman/MDT) of Kagy Boulevard creates a
governmental action outside of the owner’s control, and as such would constitute a viable hardship.
S. 19th Avenue and Lincoln Street
For this specific variance the dual jurisdiction (City of Bozeman/MDT) of Kagy Boulevard creates a
governmental action outside of the owner’s control, and as such would constitute a viable hardship.
S. Willson Avenue and W. College Street
For this specific variance the dual jurisdiction (City of Bozeman/MDT) of Kagy Boulevard creates a
governmental action outside of the owner’s control, and as such would constitute a viable hardship.
S. 23rd Avenue and W. College Street
At the direction of the City Commission, Staff was directed to propose a zone text amendment to modify
Level of Service (LOS) requirements as stated in Title 18 of the Bozeman Municipal Code (BMC). The
change in the LOS requirements should better accommodate infill and remodel projects. Staff has
advertised for the zone text amendment and a Commission public hearing is pending. Staff believes the
proposed modification of LOS requirements will make a variance request for this intersection
unnecessary. Therefore, it is an unnecessary hardship to make the applicant complete improvements that
will likely not be required by the City of Bozeman in the next coming months.
Section 18.42.100.B.3 of the BMC
The physical location of the parking lot drive aisle has existed since 1994 and was installed in accordance
with City of Bozeman ordinances and guidelines that were in effect at that time. With the development
proposal, the physical location of the parking lot drive aisle that is in proximity to the tributary remains
unchanged. Therefore, due to a unique condition of the property from a previous site development the
parking lot drive aisle shall remain in its current location, which is encroaching into the 50-foot
watercourse setback.
C. The variance will observe the spirit of this title, including the adopted growth policy, and do
substantial justice.
Section 18.44.060.D of the BMC
S. 7th and Kagy Boulevard
The granting of this variance will be in spirit of this title in that the project will be allow3ed to be
developed in reasonable parity with similar projects approved by the City of Bozeman (for example,
South Towne Square and Greek Way Apartments). The granting of this variance will observe the adopted
growth policy, by encouraging the redevelopment and infill of a quasi-blighted commercial site within the
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City’s Downtown University District. The granting of this variance will do substantial justice by the
elimination of a disproportionate burden resulting from governmental actions outside the owner’s control.
S. 19th and Lincoln Street
The granting of this variance will be in spirit of this title in that the project will be allow3ed to be
developed in reasonable parity with similar projects approved by the City of Bozeman The granting of
this variance will observe the adopted growth policy, by encouraging the redevelopment and infill of a
quasi-blighted commercial site within the City’s Downtown University District. The granting of this
variance will do substantial justice by the elimination of a disproportionate burden resulting from
governmental actions outside the owner’s control.
S. Willson Avenue and W. College Street
The granting of this variance will be in spirit of this title in that the project will be allow3ed to be
developed in reasonable parity with similar projects approved by the City of Bozeman The granting of
this variance will observe the adopted growth policy, by encouraging the redevelopment and infill of a
quasi-blighted commercial site within the City’s Downtown University District. The granting of this
variance will do substantial justice by the elimination of a disproportionate burden resulting from
governmental actions outside the owner’s control.
S. 23rd Avenue and W. College Ave
The granting of this variance will observe the adopted growth policy, by encouraging the redevelopment
and infill of a quasi-blighted commercial site within the City’s Downtown University District. The
granting of this variance will do substantial justice by the elimination of a requirement that might be
removed all together from the BMC in the next coming months.
Section 18.42.100.B.3 of the BMC
The granting of this variance will be in the spirit of this title by allowing the project to utilize and
redevelop existing, previously approved improvements that exist on the project site. The granting of the
variance will also observe the spirit of the adopted growth policy by encouraging the use and
redevelopment and infill of a project within the City’s Downtown University District. Substantial justice
will be done through the recognition of and permission to utilize existing improvements that were
previously approved by the City of Bozeman.
CONCLUSION/RECOMMENDATION
The Development Review Committee, and Engineering and Planning Staff, reviewed the Site Plan and Zoning
Variance applications against the criteria set forth in Section 18.34.060 and 18.66.060 of Title 18, Bozeman
Municipal Code. Based on the evaluation of said criteria and findings by Staff, Staff recommends to the City
Commission approval of said application with the conditions and code provisions outlined in this report.
Should the City Commission grant the variance and approve the site plan development, then the applicant is
hereby on notice that compliance with all other provisions of the Bozeman Municipal Code, which are applicable
to this project, is mandatory. 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.
BECAUSE THIS APPLICATION IS FOR A VARIANCE, AND BECAUSE THE BOZEMAN CITY
COMMISSION VOTED AFFIRMATIVELY TO ASSUME JURISDICTION OVER THIS DECISION,
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION. THE CONCURRING VOTE OF FOUR MEMBERS OF THE COMMISSION IS
NECESSARY TO EFFECT THIS VARIANCE. THE DECISION OF THE CITY COMMISSION MAY
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#Z-08237 & #C-08006 Town & Country Campus Square Site Plan & Zoning Variance Staff Report 17
BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66.080 OF THE
BOZEMAN MUNICIPAL CODE.
Attachments: Applicant’s Submittal Materials
Public Comment
Map Exhibit of Property Parcels
Report Sent to: Carmike Cinemas, Inc., PO Box 391, Columbus, GA 31902
Town & Country Foods, Inc., 219 N. 19th Avenue, Bozeman, MT 59718
Van Bryan Studio Architects, 21 W. Babcock Street, Bozeman, MT 59715
Stahly Engineering & Associates Inc., 7585 Shedhorn Drive, Bozeman, MT
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