HomeMy WebLinkAboutKohl’s Site Plan Certificate of Appropropriatness Report Complied on July 6, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Kohl’s Site Plan/COA Application Appeal of Administrative Decision #C-
10002
MEETING DATE: July 12, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission schedule an Appeal Hearing for August 2, 2010.
BACKGROUND: On July 2, 2010, Susan B. Swimley, on behalf of Mitchell Development Group,
submitted an application to appeal an administrative decision/interpretation to deem the Kohl’s
Department Store site plan application unacceptable and inadequate for further review.
The site plan application for the Kohl’s Department Store within the Bozeman Gateway Development
submitted on May 27, 2010 with a revised application submitted June 16, 2010 is required to meet the
criteria located in 18.34.090 BMC. Criteria 18.34.090.3 requires that a site plan conform to all other
applicable laws, ordinances, and regulations. The Bozeman Gateway Planned Unit Development (PUD)
imposes additional regulations upon the City’s underlying zoning regulations on the proposed site for the
Kohl’s Department Store. Staff has determined that the Kohl’s site plan as proposed is not in conformance
with the approved Bozeman Gateway Master PUD plan or the Bozeman Gateway Development Manual.
Prior to acceptance and processing of the Kohl’s site plan as proposed, the developer must process a major
modification to the Bozeman Gateway PUD.
In the appeal, the applicant makes several arguments that the proposed Kohl’s site plan is in accordance
with the Bozeman Gateway PUD plan and the Bozeman Gateway Development Manual. The applicant
seeks redress from the Commission to overturn the administrative decision that the site plan is
unacceptable and inadequate for further review and to instruct the Planning Department to process and
review the site plan application in an expedited manner. The Commission’s role in this matter at this
time is to set a date for a hearing on the appeal application, per Section 18.66.030 BMC.
A full packet of information pertaining to the appeal will be provided to Commissioners in advance of
the scheduled hearing date.
Commission Memorandum
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Report Complied on July 6, 2010
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: The City must process this appeal according to the procedures outlined in
18.66.030 BMC. The City must schedule an appeal hearing per this section.
The August 2, 2010 date was chosen as the next available Commission meeting that would allow for an
adequate minimum 15 day noticing required for an appeal. The Commission may choose a later hearing
date, although it must be within thirty working days from July 12, 2010 per section 18.66.030 BMC.
The other alternative meeting dates within the thirty day requirement are August 9, 16, and 23.
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