HomeMy WebLinkAbout08-18-2008_Hastings Shopping Center Site Plan #Z-04047/Bozeman Shopping Center LLC Notice of Violation113
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HASTINGS SHOPPING CENTER ZONING FILE NO. Z-04047
CITY COMMISSION STAFF REPORT
ITEM: ZONING APPLICATION NO. Z-04047 -- AN APPLICATION
FOR SITE PLAN REVIEW WITH CERTIFICATE OF
APPROPRIATENESS AND VARIANCES TO THE UNIFIED
DEVELOPMENT ORDINANCE TO ALLOW THE
RENOVATION OF AN EXISTING MULTI-TENNAT
BUILDING FAÇADE, OFF-STREET PARKING LOT
IMPROVEMENTS, AND CONSTRUCTION A NEW 6,800 SQ.
FT. MULTI-TENANT RETAIL BUSINESS STRUCTURE
FRONTING ONTO WEST MAIN STREET, ZONED "B-2",
COMMERCIAL BUSINESS DISTRICT, AND LOCATED IN THE
WEST MAIN STREET ENTRYWAY OVERLAY DISTRICT
REPRESENTATIVE: SPRINGER GROUP ARCHITECTS
201 SOUTH WALLACE AVENUE
BOZEMAN, MT 59715
APPLICANT: RED MOUNTAIN RETAIL GROUP
1234 EAST 17TH STREET
SANTA ANA, CA 92701
OWNER: RED MOUNTAIN RETAIL GROUP
1234 EAST 17TH STREET
SANTA ANA, CA 92701
DATE/TIME: TUESDAY, APRIL 27, 2004, AT 3:30 P.M., IN THE
CONFERENCE ROOM, ALFRED M. STIFF PROFESSIONAL
BUILDING, 20 EAST OLIVE STREET, BOZEMAN, MONTANA
REPORT BY: DAVE SKELTON
SENIOR PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL – SITE PLAN/COA REVIEW
APPROVAL FOR VARIANCE TO SECTION 18.18.050.A.2
DENIAL FOR VARIANCE TO SECTION 18.74.060
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LOCATION/DESCRIPTION
The subject property is described as the Buttrey’s Tract Center located in the W ½, NW ¼ of
Section 12, T2S, R5E, P.M.M., Gallatin County, Montana, situated at the northwest corner of the
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intersection of West Main Street and North 15th Avenue, and more commonly referred to as 1601-1631
West Main Street. Please refer to the vicinity map provided below.
Vicinity Map
The site under consideration is referred to as the Hastings Shopping Center (formerly known as the
Buttery’s Shopping Center) consisting of an existing multi-tenant structure and the McDonald’s restaurant
at the corner of West Main Street and North 15th Avenue. This application for a Certificate of
Appropriateness does not include improvements to the McDonald’s restaurant, which is under separate
ownership, is situated on its own parcel of land, and is not a part of this application. The subject property
for site plan review has received preliminary subdivision plat approval by the City Commission for creation
of a four-lot minor subdivision.
The proposal involves the renovation of the existing storefront/façade, improvements to the off-street
parking lot (i.e., landscape, lighting, resurfacing), improved pedestrian circulation, addition of a 6,800
sq. ft. retail store fronting onto West Main Street, and the future development of 27,500 sq. ft. retail
store of the east end of Osco Drug. The application includes a request for variances to Section
18.18.050.A.2 “Yards” and Section 18.74.060 “Improvements Agreement” of the Unified
Development Ordinance.
The exterior improvements to the multi-tenant structure include an entire facelift to the existing building
facade and construction of a similar 6,800 sq. ft. multi-tenant structure along West Main Street. The
principle improvements to the structure include continuation of the existing brick masonry, commercial
store front windows, synthetic EIFS, lapboard siding, rough sawn wood columns, and metal roofing. A
basic color palette for the project is provided with the application. However, the applicant will need to
verify the preliminary color scheme with a materials/color palette.
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Hastings Shopping Center – Site Plan Review/COA 3
ZONING DESIGNATION & LAND USES
The subject property is zoned “B-2” (Community Business District). The intent of the “B-2”
District is to provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Developed land zoned “B-2” (Community Business District) and residential lands further
north zoned “R-2” (Residential Two-household, Medium Density District), “R-3”,
(Residential Medium Density District, and “R-O”, Residential Office District.
South: Developed land zoned “B-2” (Community Business District).
East: Developed lots zoned “B-2” (Community Business District) and “R-3” (Residential
Medium Density District).
West: Developed land zoned “B-2” (Community Business District) and “R-3” (Residential
Medium Density District)..
ADOPTED GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 2020 Community Plan including the
“Community Commercial” land use designation. Activities within this land use category are the basic
employment and services necessary for a vibrant community. This classification provides for a broad
range of functions including retail, education, professional and personal services, offices, residences, and
general service activities.
REVIEW CRITERIA
The City of Bozeman Planning Office has reviewed the application for a Site Plan with Certificate of
Appropriateness against Chapters 18.30, 18.34, and 18.54 of the Unified Development Ordinance (i.e.,
U.D.O.), and as a result offers the following summary review comments below. The findings outlined in
this report include comments and recommended conditions provided by the Development Review
Committee (DRC), Design Review Committee (DRB), and the Administrative Design Review staff (ADR).
Background
The site under consideration is currently located along the West Main Street entryway corridor and
therefore must obtain a Certificate of Appropriateness. A preliminary subdivision plat application to
create a four-lot minor subdivision has been granted by the City of Bozeman, which must be filed prior to
Final Site Plan approval for this application. The Design Review Board considered this proposal as an
Informal Review application in December of 2003 and again on April 27, 2004 as a formal application.
Both the A.D.R. staff report and minutes of the D.R.B. meeting on April 27, 2004 is attached to this
summary-review staff report.
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
DRC, DRB, and when appropriate, the ADR staff, shall consider the following:
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A. Conformance to and consistency with the City’s adopted growth policy
The Land Use Map of the Bozeman 2020 Community Plan designates the area in question to develop
as “Community Commercial”. Activities within this land use category are the basic employment and
services necessary for a vibrant community. This classification provides for a broad range of functions
including retail, education, professional and personal services, offices, residences, and general service
activities.
B. Conformance to this title, including the cessation of any current violations
Staff has found the application to be in general compliance with the requirements set forth in the
Zoning Ordinance, exclusive of the applicant’s requested variances to the Unified Development
Ordinance. Any areas not addressed in the applicant’s proposal have been identified as code
provisions, are listed as recommended conditions of approval by the Development Review Committee
and Design Review Board, and must be addressed on the Final Site Plan.
C. Conformance with all other applicable laws, ordinances, and regulations
The applicant must comply with all provisions of the Bozeman Unified Development Ordinance,
which are applicable to this project prior to receiving Final Site Plan 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.
• That the applicant provide an adequate number of bicycle racks along the building façade of
not less that four (4) and that the location and placement of said bicycle racks be delineated on the
site plan for review and approval prior to Final Site Plan approval.
• That the site plan/landscape plan is certified by a registered Montana landscape architect, or an
individual that meets the requirements set forth in Section 18.49.040.C.3 of the Zoning Ordinance.
• That the applicant provide a common signage plan for said project depicting location, general
style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for
review and approval by the Planning Office prior to Final Site Plan approval.
• That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and
modifications approved by the City Commission shall be submitted for review and approval by the
Planning Director within six months of the date of City Commission approval. A copy of the
approved Final Site Plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer,
Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the
Planning Office file.
• That the applicants shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost
estimates, construction plans and methods of security shall be made a part of that Agreement.
• If occupancy of any structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half times the amount of the estimated cost of the scheduled improvements not yet
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installed. Said method of security shall be valid for a period of not less than twelve (12) months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
• 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. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation, but
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED
D. Relationship of site plan elements to conditions both on and off the property
The site under consideration is part of the Bozeman Solvent Clean-up Site and is part of a
groundwater control area implemented by the Remediation Division of the Montana Department of
Environmental Quality. Recommendations for permitting wells within the identified boundary of
Bozeman Solvent Site Controlled Groundwater Area are controlled by D.E.Q. Comments have been
solicited by the Department as it relates to the improvements and/or alterations of the site.
The site under consideration is completely developed as commercial property with no physical and/or
topographical features identified in the area; including, but not limited to, outcroppings, watercourses,
floodplain boundaries, jurisdictional wetlands, or mature vegetation. There are also no public
pedestrian trails, open space corridors, or bicycle network system identified within the parameters of
subject property.
E. The impact of the proposal on the existing and anticipated traffic and parking conditions
The application proposes the renovation of an existing 108,800 sq. ft. multi-tenant structure and the
construction of a new 6,800 sq. ft. multi-tenant structure backing onto West Main Street, for a total
building gross area of 115,600 square feet. Section 18.46.040 requires one (1) off-street parking
space per 300 sq. ft. of retail store and service establishments. Based on the calculation of 85% of
the gross area of the building, divided by 300 sq. ft. of retail space per one (1) off-street parking
space, the parking requirements would be 328 off-street parking spaces and 8 disabled accessible
parking spaces. Of the required 328 spaces, Section 18.18.46.040.C allows landscaping in lieu of
parking for up to 5 required spaces or 10 percent of the required parking spaces, whichever is less.
This requires an additional 300 square feet of landscaping for each parking space reduction.
The applicant’s original proposal when submitted to the Planning Office was to improve a
majority, but not all of, the off-street parking lot with the required parking spaces and interior
landscape islands, which would have required a deviation to the Unified Development Ordinance.
However, the applicant has elected to alter the off-street parking lot design to improve the area
such that it will comply with necessary improvements for off-street parking and interior landscape
islands. As noted previously, the developer is requesting with the application a variance as to the
schedule for installation of required landscape improvements, which is discussed further in this
summary review.
The D.R.C. noted the need to confirm the minimum drive aisle width along the existing multi-
tenant structure of thirty-two (32) feet, which is also recommended by the D.R.B. This is
consistent with the minimum requirements approved with other recent multi-tenant commercial
shopping centers or larger retail stores (i.e., Wal-Mart, Albertsons, Gallatin Center Subdivision
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P.U.D.) to provide ample width for a two-way driving aisle and room for a drop-off and pick-up
area of patrons of the retail stores.
F. Pedestrian and vehicular ingress and egress
Both the D.R.B. and staff found the pedestrian circulation through the site and off-street parking
area as generally acceptable. The perimeter sidewalks and interior parking lot sidewalks, as well as
the plaza along the front building façade provides an effective network of pedestrian circulation both
on-site and with adjoining properties and commercial structures in the area of this development
proposal
Installation of parking lot landscape islands will improve vehicular circulation and expansion of the
façade sidewalk will provide a safe, effective area for pedestrians. It was however recommended
during both the informal and formal reviews that the pedestrian crossings with the vehicular
driveways be defined with a combination of pavers and/or scored concrete, in-lieu of striping. This
will need to be addressed by the applicant and verified prior to Final Site Plan approval.
The applicant proposes to eliminate the east egress/ingress point along West Main Street (next to
McDonalds) and improve the second existing egress/ingress with a divided access and median.
Although this concept has the potential to be an effective solution to the on-site vehicular circulation,
it’s proximity to the driveway for Building “B” lends itself to an unsafe and less than desirable situation
for both pedestrian and vehicular circulation. It is recommended that the relationship and proximity
between Building “B” and the West Main Street egress/ingress access be investigated further to
provide both ample area and effective circulation patterns for pedestrian and vehicular movement.
This should include adequate separation between the driveway for Building “B” and the West Main
Street egress/ingress access. Because West Main Street is under the jurisdiction of the Montana
Department of Transportation, review and approval of the final access location along West Main
Street by the state agency will be necessary.
G. 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 proposal generally addresses the issues discussed during informal review with the D.R.B. and
A.D.R. staff. Expansive areas of landscape and landscape features are included at the principal access
from onto West Main Street, as well as the building façade and public plaza.. However, further details
and notations will be necessary to confirm the level of landscape and plaza improvements. This will
include a landscape plan that demonstrates seasonal color, texture and change to visually soften the
expansive size of the lot.
Based on the application as submitted to the Planning Office, additional landscaping is required within
the interior of the off-street parking lot to ensure that at least 10% of the area is landscaped with
adequate interior islands and landscape features. Both the D.R.B. and A.D.R. staff recommended
further modifications for the project to further enhance the landscape features for this multi-tenant
structure that include the following:
a. That the landscape plan is revised to verify the groundcover for all landscaped areas and that
all areas of landscape will contain groundcover with live vegetation for at least 50% of the area
to be landscaped.
b. That 10% of the off-street parking area is improved as landscape features.
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c. That the landscape plan provide further detail and information for the plaza “hardscape” along
the building façade, to include surface finish, color palette, typical landscape features for the
raised seating areas, landscape furniture, and plaza lighting.
d. That a typical landscape detail for the raised landscape seating areas along the façade plaza be
provided that includes a mix of perennial and annual plantings.
e. That the landscape plan demonstrate a variation in season color, texture and type along the
“hardscape” and the principle entrance point into the site.
f. That the applicant confirm on the site plan that all pedestrian crosswalks will be installed as
colored, scored concrete (not stamped pavement or striping).
g. That the landscape plan is approved by a certified landscape nurseryperson.
The applicant is requesting a variance to Section 18.74.060 “Improvements Agreement” of the
Unified Development Ordinance with regard to the installation schedule for the landscape
improvements within one (1) year of occupancy. This request is based on the argument by the
applicant with regard to any liability with improvements to the site that may affect the solvent site
cleanup remediation process
H. Open space
Exclusive of required yard setbacks and interior parking lot landscape improvements, the applicant
may develop the remainder of the site in question. The applicant has requested a variance to encroach
into the required front yard setback along West Main Street as a result of the existing off-street parking
lot and a variance to not install the required interior landscape improvements for the off-street parking
lot.
I. Building location and height
Exclusive of minimum yard setbacks (front - 25 ft., rear - 10 ft., side - 5 ft.) and interior off-street
parking lot landscape requirements, the remainder of the site may be occupied by principle and
accessory buildings and off-street park lot. The applicant's site statistics provided on the site plan
indicates that approximately 20.5% of the site is in open space. The 35’-6” high structure will not
exceed the maximum height allowed in the “B-2” zone of 38 feet for structures with a roof pitch of
less than 3:12.
J. Setbacks
As noted previously the minimum yard setbacks for the “B-2” zone (front – 7 ft. building, 25 ft.
parking; rear - 10 ft.; side - 5 ft. building, 8 ft. parking) will not be affected by the placement of the new
multi-tenant structure or improvements to the off-street parking lot. However, the applicant is
requesting to encroach into a portion of the required 25-foot front yard setback along West Main
Street. The applicant does not propose any improvements long the North 15th Avenue frontage with
this application. Nonetheless, with development of Phase 3 improvements and widening of the
required front yard along North 15th Avenue will be necessary.
K. Lighting
The applicant will need to specify all exterior light fixtures, both free-standing and wall-mounted,
to be used for exterior illumination of the project that also includes a typical manufacturer’s “cut-
sheet” detail of the fixture(s) depicting the type of illumination bulb and illumination output to be
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used, for review and approval prior to Final Site Plan approval. The detail provided in the
application indicates that the light standards will not exceed a maximum height of twenty (20) feet.
However, the light fixture suggests that the lens cover and luminare may protrude below the edge
of the light fixture, which is not permitted per Section 18.42.150.F.
• Section 18.42.150 “Lighting” - The applicant specify all exterior light fixtures, both free-standing
and wall-mounted, to be used for exterior illumination of the project that also includes a typical
manufacturer’s “cut-sheet” detail of the fixture depicting the type of illumination bulb and
illumination output to be used, for review and approval prior to Final Site Plan approval.
L. Provisions for utilities, including efficient public services and facilities
Easements required with the four-lot minor subdivision must be addressed prior to Final Site Plan
approval and issuance for a building permit to proceed with the project. This includes the necessary
utility easements for installation of infrastructure for the new multi-tenant structure backing onto West
Main Street. The applicant will need to coordinate with Northwest Energy, Qwest, and other
applicable private providers to verify the location and installation of all ground-mounted utility
equipment to ensure proper placement and screening of equipment.
M. Site surface drainage
Approximately 57.5% of the site will be occupied by impervious surface for off-street parking lots and
sidewalks. As a result, adequate storm water provisions must be provided to ensure the collection and
treatment of oil, grease, silt, sands, and storm water runoff. Storm water runoff will be collected by an
existing underground line that currently services the site. Storm water runoff calculations will be
required as part of the final site plan with review and approval by the City Engineer’s Office prior to
proceeding with the project.
N. Loading and unloading areas
Loading and unloading areas are currently provided for each tenant space within the existing and
proposed structures.
O. Grading
Site grading will be limited for this application due to the amount of build environment that already
exists. The majority of grading activity will occur with the new multi-tenant structure and street access
from West Main Street. The City Engineer’s Office will also evaluate the grading plan as an element of
the Storm water Drainage, Treatment and Maintenance Plan for said property, to ensure that
development within the interior of the site will not impact adjacent public right-of-way improvements
or private property. This will be addressed prior to Final Site Plan approval.
P. Signage
That application will involve a complete renovation of the existing building façade, along with
construction of the new structure. This will require the development of a common signage plan for the
entire property depicting area, font styles, materials, colors, illumination and method of installation. As
this is part of the requirement for a Certificate of Appropriateness, it will have to be addressed prior to
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Final Site Plan approval. A relocation of the existing free-standing sign along West Main Street is
proposed with this site plan review application.
Q. Screening
The final site plan will need to confirm that all roof-top and/or ground-mounted mechanical
equipment shall be noted accordingly on the site plan and exterior elevations, and shall be properly
screened from adjoining properties and public streets, and that typical details of all screening devices
shall be noted accordingly on the site plan, for review and approval prior to by the Planning Office.
The exterior elevations will delineate the location of all roof-top mounted equipment to ensure that no
equipment will exceed the elevation of the parapet wall unless properly screened. As noted in the
D.R.B. summary-review report, staff is concerned with proper screening of the new structure and its
mechanical and utility equipment along West Main Street, which presents the rear of the building to
the entryway corridor.
• Section 18.38.050.F - All roof-top and/or ground-mounted mechanical equipment shall be
delineated on the site plan and exterior elevations, and shall be properly screened from adjoining
properties and public streets, and that typical details of all screening devices shall be noted
accordingly on the site plan, for review and approval prior to Final Site Plan approval.
R. Overlay district provisions
The subject property is located in the West Main Street entryway overlay district. Both the D.R.B and
ADR staff reviewed the proposal against the criteria set forth in the Design Objectives Plan for
entryway corridors and Chapter 18.30 of the U.D.O., and based on the use of a “sliding scale” rule in
applying design guidelines found that the proposed addition would be consistent with the intent and
purpose of the entryway guidelines with the conditions recommended in this staff report. The D.R.B.
staff report and recommended conditions forwarded by the advisory body have been incorporate into
the recommendation of this report.
S. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
T. 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;
Not applicable
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.
Not applicable.
REQUEST FOR VARIANCE TO THE UNIFIED DEVELOPMENT ORDINANCE:
The applicant is requesting with this application for a Site Plan Review with Certificate of Appropriateness,
variances to the following sections of the Unified Development Ordinance:
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1. Section 18.18.050.A.2 “Yards” to allow the continued existence of the off-street parking spaces
along West Main Street to encroach into the required twenty-five (25) foot front yard.
2. Section 18.74.060 “Improvements Agreement” to allow the applicant to delay the installation of
required landscape improvements for the interior of the off-street parking lot area.
STAFF FINDINGS/REVIEW CRITERIA
In acting on an application for a variance, the 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.
A. The variance will not be contrary to and will serve the public interest;
These variances are being requested to address: 1) an encroachment into yards required for all
properties located on a public street within the B-2 zoning district, and 2) delay the installation of
interior landscape improvements required with off-street parking lot improvements. The question
must therefore be “Will it advance the public interest to allow encroachments into required yards
and to delay installation of required landscape improvements for off-street parking lots. The public
interest also involves the ability of citizens to rely on the equitable and just application of the law
to all citizens. In evaluating the balance of interests necessary to determine the overall public
interest it is critical to determine that the actions of the body granting a variance are fair, balanced,
and do not provide special considerations outside of the boundaries established by law.
The request for a variance to Section 18.74.060 “Improvements Agreement” does not appear to
meet Criteria B below as granting of the requested variance would not be in the public interest.
Part of the evaluation of this question is whether all parties in similar situations would be granted
the same considerations as that ultimately decided by the governing body in this case. In regard to
the requested variance to Section 18.18.050.A.2 “Yards” a hardship owing to conditions unique
to the property has been identified.
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;
This criterion requires the evaluation of the character of the parcel for which a variance is sought.
The determination must be whether the otherwise acceptable requirements of the ordinance are
unacceptably burdensome due to size, slope, or other physical characteristics and act to remove the
usability of the land.
Section 18.18.050.A.2 “Yards” - The site contains a 6’-0”+ high retaining wall along the West
Main Street that obscures the existing off-street parking lot and required front yard from the West
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Main Street corridor, creating a condition unique to the subject property that would constitute a
hardship. Thus, the argument that the existing retaining wall is necessary to maintain the required
parking spaces is a hardship does satisfy this criterion because it is a condition unique to the
property. This results from its proximity to the adjoining West Main Street right-of-way grade and
the development for off-street parking spaces with the construction of the original building site.
Although, the existing condition prevents the development of a yardscape it does not prevent the
installation of a boulevard streetscape and landscape islands with a regular spacing of boulevard
trees at one (1) tree for every fifty (50) feet of street frontage.
Section 18.74.060 “Improvements Agreement” - The applicant argues that the existing solvent
site restricts the developer’s ability to complete installation of the required parking lot landscape
due to its existing status as a “groundwater control area”. The written state suggests that any
disturbance of the subsurface hydrology is likely to adversely affect the spread of the solvent site
plume and therefore, is requesting to not install the required landscape until such time that the
subject property is determined to be a “clean” site.
Comments solicited from the City Engineer and the Montana Department of Environmental
Quality, Remediation Division, point to following: 1) the contaminated area of the site is along the
north boundaries behind the existing building and at the northeast corner of the site, 2) there is no
evidence in the application that confirms that installation of the landscaping will pose an impact to
the area or pose a threat to public safety, 3) no evidence that construction and installation of
landscape irrigation will increase any potential hazards associated with the groundwater control
area, and 4) the limited application of landscape irrigation does not increase a risk.
Based on these findings, there is no evidence that the variance is necessary, owing to conditions
unique to the property. Furthermore, both variances are not necessary in order to continue the
existing and future use of the commercial site.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
The spirit of the title in requiring the provision of front and side yards, that are free of vehicles and
are landscaped, is to provide adequate space, light and air between adjacent land uses. Required
yards, especially required front yards, are also important for maintaining privacy between adjoining
properties and enhancing the entryway corridor landscape. In this case, the yard encroachments
under Section 18.18.050.A.2 “Yards” are resulting in a diminished sense of space, light, air and
presentation of the streetscape onto the entryway corridor. However, portions of the yard
streetscape is limited visually due to the retaining wall and is addressed with the introduction of
boulevard trees within landscaped islands and at the main entrance along the entryway corridor.
Therefore, the spirit of the title is being observed.
In the case of the applicant’s request for a variance to Section 18.74.060 “Improvements
Agreement”, no substantial evidence has been provided in the application that justifies a delay in
the installation of the required landscape improvements.
In regards to substantial justice, the City has adopted the Unified Development Ordinance for the
purpose of protecting the public health, safety and general welfare; implementing the City’s growth
policy; enhancing the entryway corridors of the community, and to provide equitable treatment of
all citizens in the applications of the standards governing development. The current proposal
questions the equity standard required of all governmental actions in that granting a variance
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without meeting all criteria constitutes the award of special consideration without meeting the
necessary standards. To utilize a variance to provide substantial justice all of the criteria must be
met; therefore, the request for a variance to Section 18.18.050.A.2 “Yards” does meet all of the
required criteria, whereas the request for a variance to Section 18.74.060 “Improvements
Agreement” s does not meet all of the required criteria.
CONCLUSION/RECOMMENDATION ON REQUESTED VARIANCES
Planning Staff has reviewed the application for variances against the criteria set forth in Section 18.66.060
of the Unified Development Ordinance. Based on the evaluation of said criteria and findings by the
Planning Staff, staff recommends APPROVAL of the requested variance to Section 18.18.050.A.2
“Yards” and DENIAL of the requested variance to Section 18.74.060 “Improvements Agreement”.
Should the City Commission grant some or all of the variances 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.
PUBLIC COMMENT
The City of Bozeman Department of Planning and Community Development has not received any written
testimony on said application for site plan review, either if favor of, or in opposition to, the proposed
multi-tenant commercial project.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the following analysis, Planning Staff and the Development Review Committee (DRC) find that
the application, with conditions, is in general compliance with the adopted Growth Policy and the City of
Bozeman Unified Development Ordinance. The following conditions of approval are recommended:
City Engineer’s Office:
1. The FSP shall be adequately dimensioned.
2. A Storm Water 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),
storm water detention/retention basin details (including basin sizing and discharge calculations,
and discharge structure details), storm water discharge destination, and a storm water maintenance
plan.
A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the subject
property.
The storm drain improvements must be installed with phase I of the development.
3. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or
Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall
be provided to and approved by the City Engineer. Water and sewer plans shall also be approved
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by the Montana Department of Environmental Quality. The applicant shall also 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.
No building permits will be issued prior to City acceptance of the infrastructure
improvements.
4. Plans and Specifications for any fire service line must be prepared in accordance with the City's
Fire Service Line Policy by a Professional Engineer (PE), 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.
5. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from edge of easement. The easement shown is only 20’ wide and must be revised on the
final site plan, and shown correctly on the easement document.
6. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the applicant.
7. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
8. The drive approach shall be constructed in accordance with the City's standard approach (i.e.,
concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. The Main Street
access must be constructed to meet standard drawing 02529-13, modified to accommodate
the wider sidewalk per 02529-5, or as otherwise required by MDOT. A City Curb Cut and
Sidewalk Permit shall be obtained prior to FSP approval.
9. Any cracked or broken portions of sidewalk along either of the street frontages shall be replaced.
10. 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 perimeter and adequately identified on the FSP.
11. All existing utility and other easements must be shown on the FSP.
12. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed with
the County Clerk and Recorder's office).
13. Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
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14. An Occupancy Permit must be obtained from the Montana Department of Transportation for
location of water services within the State's right-of-way. An Access Permit must also be obtained
for the alterations to the drive approach.
15. If construction activities related to the project result in the disturbance of more that 1 acres 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.
16. Pursuant to section 18.44.090.C.2.b.1 of the UDO, one way drive accesses shall be a minimum of
16’ wide. The drive through must be revised to meet the minimum width unless a deviation is
obtained.
17. The access between McDonalds and Lot 4 does not function as shown. It must be revised to
accommodate the required turning movements.
18. The proposed street cut on Main Street for the installation of services to lot 4 shall be completed
prior to the Main Street overlay project which is projected to occur in 2006. If the services are not
installed prior to the overlay being complete, a main extension off of 15th or the main west of the
building will be required to provide service to this lot.
19. The final plat for the underlying subdivision must be filed prior to final site plan approval.
Design Review Board:
20 That the landscape plan, and site plan, be revised according to the items listed below, for review
and approval by staff prior to Final Site Plan:
a. That the landscape plan be revised to verify the groundcover for all landscaped areas
and that all areas of landscape contain groundcover of at least 50% live vegetation.
b. That 10% of the off-street parking area is improved as landscape features.
c. That the landscape plan provide further detail and information for the “hardscape”
along the building façade, to include surface finish, color palette, typical landscape
features for the raised , landscape furniture, and plaza lighting.
d. That the landscape plan demonstrate a variation in season color, texture and type along
the “hardscape”, front yard setback along West Main Street, and the principle entrance
points into the site.
e. That the applicant confirm on the site plan that all pedestrian crosswalks will be
installed as colored, scored concrete (not stamped pavement or striping).
f. That the landscape plan is approved by a certified landscape nurseryperson.
21. That the applicant confirm on the site plan that the two-way driving aisle along the building façade
and outdoor plaza area is a minimum width of thirty-two (32) feet.
22. That the site plan verify that all pedestrian crosswalks will be installed as scored concrete and/or
concrete pavers, in-lieu of paint striping or stamped asphalt, and that the site plan an landscape
plane be revised accordingly prior to Final Site Plan approval.
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23. That the applicant submits to the Planning Office for review and approval a materials and color
palette of both multi-tenant complexes.
24. That the applicant specify the exterior light fixtures, both free-standing and/or wall-mounted, to
be used for exterior illumination of the project that also includes a typical manufacturer’s “cut-
sheet” detail of the fixture depicting the type of illumination bulb and illumination output to be
used, for review and approval prior to Final Site Plan approval. All exterior light fixtures shall be
so arranged to direct light downward and/or away from any adjoining properties, shall not detract
from driver visibility on adjacent streets, and shall not exceed a maximum height of twenty (20)
feet from grade (i.e., free-standing fixtures), nor allow the light source and lenses to protrude below
the edge of the light fixture.
25. That the applicant reevaluate the relationship and proximity between Building “B” and the West
Main Street egress/ingress access by redesigning this part of the site such that it provides both
ample room and effective circulation patterns for both pedestrian and vehicular movement in the
area, for review and approval prior to Final Site Plan approval. The design must include adequate
separation between the driveway for Building “B” and the West Main Street egress/ingress access.
26. Unless a variance to the off-street parking requirements is granted by the City Commission the
applicant shall comply with both the minimum and maximum allowable number of required off-
street parking spaces set forth in Section 18.46.040 of the Unified Development Ordinance.
27. That the exterior elevations of the existing multi-tenant structure be revised to provide: a) a typical
detail of the parapet wall illustrating the degree of articulation and exaggerated cornice lines, b)
greater emphasis on joint detailing, finished surface, and patterns of the façade’s EIFS treatment,
and c) revisions to the two-story components at both ends of the Osco Drug and Hastings
commercial businesses that provide a more commercial character within the context of the multi-
tenant complex, for review and approval prior to Final Site Plan approval.
28. That the exterior elevations of Building “B” be revised to provide: a) additional architectural
features along the south elevation, b) a typical detail of the parapet wall illustrating the degree of
articulation and exaggerated cornice lines, c) covered entrances along the south elevation, d)
verification of all utility services and mechanical equipment with proper screening from the
entryway corridor, e) greater emphasis on joint detailing, finished surface, and patterns of the
façade’s EIFS treatment, for review and approval prior to Final Site Plan approval.
29. That the applicant provide a common signage plan for said project as outlined in Section 18.52.070
depicting location, general style, limitations of graphic design, copy type, dimensions, materials,
color, and method(s) of illumination, etc., for review and approval by the Planning Office prior to
Final Site Plan approval. Sign permits will be required with each proposal.
30. That the applicant provide on the site plan and exterior elevations the location of all roof-top
and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical
power and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and
method of screening used to screen the equipment from adjacent properties and public streets, for
review and approval by the Planning Office prior to issuance of a C.O.A. and Final Site Plan
approval. The top of all parapet walls for both buildings will exceed the height of all roof-top
mechanical and ventilation equipment.
31. That the applicant obtain a Building Permit within one (1) year of receiving a Certificate of
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Hastings Shopping Center – Site Plan Review/COA 16
Planning Office:
32. That the applicant obtain written approval by the Montana Department of Transportation for any
closure and/or relocation of existing egress/ingress points along West Main Street prior to Final
Site Plan approval.
33. That the off-street parking lot include the required number of improved parking spaces (i.e., 323
off-street parking spaces, plus 8 disabled accessible spaces) and the required interior parking lot
landscape improvements as required by Chapter 18.46 and Chapter 18.48 of the Unified
Development Ordinance, unless a variance is requested and granted by the City Commission.
34. That the landscape plan be revised to demonstrate that: 1) all large trees to be installed along the
West Main Street frontage shall be of a deciduous boulevard street species to maintain the desired
boulevard streetscape along the entryway corridor, 2) that the applicant demonstrate on the
landscape plan how the plan has earned the minimum number of points specified in Chapter
18.48.060 of the U.D.O., 3) that all off-street parking lot landscape islands that are not landscape
as turf or lawn be noted accordingly, and 4) that all off-street parking lot landscape islands that are
not installed as turf or lawn shall provide at least 50% live vegetative ground coverage and noted
accordingly on the landscape plan, for review and approval prior to Final Site Plan approval.
35. Development of Phase Three will require a landscaped front yard of twenty-five (25) feet in width
with boulevard trees at a regular spacing of one (1) tree for every fifty (50) feet of lineal street
frontage, unless a variance is granted by the City Commission.
36. That the applicant provide an adequate number of bicycle racks along the building façade of not
less that four (4) and that the location and placement of said bicycle racks be delineated on the site
plan for review and approval prior to Final Site Plan approval.
37. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and
prior to issuance of a building permit, will also submit a written narrative outlining how each of
the above conditions of approval have been satisfied.
FYI: The applicant must comply with all provisions of the Bozeman Unified Development Ordinance,
which are applicable to this project prior to receiving Final Site Plan approval. The applicant must comply
with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project
prior to receiving Final Site Plan 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.
Attachments: Applicant’s Submittal Materials
Design Review Board Staff Report and Minutes of the Meeting
Report Sent To:
Springer Group Architects, 201 South Wallace Avenue, Bozeman, MT
Red Mountain Group, 1234 East 17th Street, Santa Ana, CA 92701
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