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HomeMy WebLinkAboutMitchell Development Site Plan Summary 1807 West Dickerson, #B SUSAN B. SWIMLEY Bozeman, MT 59715 Attorney and Counselor At Law Phone: (406) 586-5544 Facsimile: (406) 586-3130 TRANSMITTAL September 16, 2010 TO: Brian Krueger ELECTRONIC & HAND-DELIVERED City Planning Department Re: Mitchell Development Group - Kohl's PLEASE: [ ] Please File or Record [ ] Per your request [ ] Present to the Judge [ ] Please provide [ ] Return a conformed copy [ ] For your information [ ] Call for an appointment [x] Copies enclosed [ ] Review, sign and return [ ] Thank You! ENCLOSURE: 15 Copies of the Summary to be handed out at the meeting on September 20. Response to the Staff Report will be forthcoming. Sincerely, s Susan B. Swlmley � Enclosures cc: Client IF ! SUMMARY �. HISTORY OF BOZEMAN GATEWAY PUD / KOHL'S SITE PLAN APPLICATION A. Bozeman Gateway PUD The Bozeman Gateway PUD, a Mitchell Development Group project, was conditionally I approved by the Bozeman City Commission on December 12, 2005. The Commission found that the PUD was not detrimental to the healthy, safety, or welfare of the community and was in harmony with the purpose and intent of the Bozeman Unified Development Ordinance (UDO) and Growth Policy. The Bozeman Gateway PUD Master Plan and Development Guidelines are contained in a Bozeman Gateway Development Manual for the PUD. The Master Plan as used herein presents renderings plans and diagrams that are based upon preliminary schematic designs and do not represent final site conditions, landscaping, building location and architecture. Subsequent site plans shall clarify the Master Plan. The Bozeman Gateway PUD received final approval on May 19, 2006. The Bozeman Gateway PUD is a mixed-use PUD to be developed in phases. The most f striking features of the PUD are the extensive open spaces (10.2 acres of a 72.2 acre development), pedestrian and bicycle trails (1.9 acres), exceptional landscaping, arched vehicular and pedestrian bridges, sconce street lights and upgraded site furniture. i Specific conditions of approval noteworthy to the Kohl's Site Plan Application are as follows: i A Landscape Plan that addressed landscape details throughout the PUD. Trail improvements and numerous open spaces. Architectural guidelines for the mixed-use PUD. Site Plan review for individuals projects within the PUD, including review by the Design Review Board (DRB), requiring submittal of detailed elevations, floor plans, landscape plan, site plan, colored rendering, accurate color palette and i ! materials sample board. Signage requirements. Reciprocal shared parking easements and agreements between site projects. 1 i B. KOHL'S i Informal Review The Kohl's Department Store proposal was presented for preliminary review by the City of Bozeman Department of Planning and Community Development (Planning { Department) on December 23, 2009. On January 11, 2010 Associate Planner Dave Skeleton provided a letter of review regarding the project. On March 24, 2010 Morrison- Maierle responded to Mr. Skelton's review. Based on Associate Planner's Skeleton's oral recommendation, on that same date Mitchell Development Group and Kohl's requested an informal review by the City of Bozeman, including comments from the Design Review Committee (DRC), DRB and City Commission. j At the request of the Mayor and City Manager, the informal review was conducted by the DRB and the ADR staff, with a formal application review to be conducted by the City Commission as opposed to the City Commission reviewing the document as an Informal Application. The review before the DRC took place on April 14, 2010 and the review I before the DRB took place on April 14, 2010. I Site Plan Application Submittal j The Kohl's Site Plan Application was then submitted to the Planning Department on May 27, 2010 but was deemed not accepted as it was received at 5:05 p.m. that day. The acceptance date of the Site Plan Application was June 2, 2010. On June 4, 2010, Associate Planner Dave Skeleton issued a report deeming the application unacceptable 1 and inadequate for further review. On June 16, 2010 Morrison-Maierle responded to I Planner Skeleton's report on a point by point basis and Attorney's Susan B. Swimley and Tara DePuy responded to several legal issues raised by Planner Skelton's report, j i including documentation that stores over 40,000 square feet were approved as a portion of the Bozeman Gateway PUD approval. i On June 16, 2010 a revised Kohl's Site Plan Application was submitted to the Planning Department. On June 23, 2010, Associate Planner Brian Krueger issued a report 1 deeming the application unacceptable and inadequate for further review. i Appeal I On July 2, 2010 Mitchell Development Group appealed the determination that the Kohl' Site Plan Application was unacceptable and inadequate to the City Commission. The i j appeal hearing before the Commission was set for Monday, August 9, 2010. i ' 21 ! i Before the appeal hearing, and at the request of the City, representatives of Mitchell ! Development Group and Kohl's met with the City Manager Chris Kukulski and Interim City Planning Director Chris Saunders to discuss the Kohl's Site Application Plan. I These meetings occurred during the month of July, 2010. The date of the appeal hearing was continued twice based on the progression of the discussions at these I meetings. After consensus was reached on July 28, 2010 regarding minor j modifications that would be made to the Bozeman Gateway PUD as well as revisions to j the Kohl's Site Application Plan, Mitchell Development withdrew its appeal to the Commission. i ! PUD Minor Modifications i On August 11, 2010 Mitchell Development Group submitted minor modifications to the Bozeman Gateway PUD Development Manual. Those modifications were deemed I acceptable and were presented to the DRC on August 24, 2010. The minor j modifications were then approved in accordance with the UDO by the Planning Department. Re-submittal Site Plan Application Also on August 11, 2010 a revised Kohl's Site Plan Application was submitted to the I Planning Department. The application was deemed acceptable for initial review. On August 26, 2010 Associate Planner Krueger requested additional information as part of the adequacy review. The requested information was provided on August 31, 2010. Based on the DRC's review of the minor PUD modifications on August 26, 2010 a variance was applied for as part of the application on August 31, 2010 for improvements to the intersection at South 23`d Avenue and College Street. i I The Kohl's Site Plan Application was reviewed by the DRC on September 1 and 8, 2010. The DRB reviewed the application on September 8, 2010. I On Friday, September 3, 2010 Associate Planner Krueger issued his report to the DRB I and requested a meeting with Mitchell Development Group on Tuesday, September 7, 2010. . Legal counsel for Mitchell Development Group met with Associate Planner Krueger, Planning Director Tim McHarg and City Manager Kukulski on September 7, 2010 regarding Associate Planner Krueger's recommended conditions to the DRB. Also on September 7, 2010 Mitchell Development Group responded to the DRC review I i 3 � i I I ( on September 1, 2010. On September 8, 2010 during the DRB review of the Kohl's Site Plan Application, Associate Planner Krueger issued new recommended conditions of approval to the ( DRB. On September 10, 2010 new elevations and color perspectives for the Kohl's project were provided to Associate Planner Krueger incorporating design elements recommended by the DRB. I � Current Status of Kohl's Site Plan Application I The DRC recommended approval of the Kohl's Site Plan and Certificate of Appropriateness with conditions. The DRB also recommended approval of the Kohl's Site Plan and Certificate of Appropriateness with conditions. j The Commission is being requested by Associate Planner Krueger to review the Kohl's Site Plan Application as a large scale retail development that must meet and exceed design criteria and development standards in the Entryway Overlay District or Design Objectives Plan. The proposed Kohl's building is 55,363 square feet. The design criteria and development standards, pursuant to the UDO, may be exceeded through design practices such as additional architectural detailing, exceptional landscape i design, improved public spaces, use of renewable energy and/or recycled construction materials and provisions for alternative modes of transportation. j The Commission must also review and make findings for the requested variance for jintersection improvements at South 23rd Avenue and College Street. Mitchell Development Group's position regarding large scale development was set forth { in a letter to Associate Planner Skeleton on June 16, 2010 and remains that the Kohl's I Site Plan Application should not be held to the standards of large scale retail as large j scale retail development was reviewed and approved as part of the Bozeman Gateway PUD. However, Mitchell Development Group believes that putting its position aside, the Kohl's Site Plan Application does meet and exceed design criteria and development standards. Mitchell Development Group's position regarding the variance is that the variance is not 1 contrary to the public interest, is necessary due to the unique conditions of the property to avoid an unnecessary hardship, observes the spirit of the UDO and the growth policy, and does substantial justice. The City of Bozeman has identified this intersection for i City upgrades within a few years. The impact from Kohl's which causes the level of service to be below the acceptable standard results only from a left hand turn at the i ' 4 ) I I intersection on to College Street, with the maximum impact being a potential increase of 33 vehicles on a Saturday mid-day peak hour with the existing Saturday mid-day peak hour traffic at the intersection being 652 vehicles per hour. As part of Kohl's Site Plan Application, an updated traffic study for the intersection of College Street and South 23rd Avenue was provided. The updated traffic study indicates a traffic light is not warranted at the intersection. I ! II, LEGAL ISSUE A. Large Scale Retail i The Bozeman Gateway PUD Application and Development Manual specifically reference large scale retail development as being part of the PUD. The PUD conditions of approval incorporated the Master Plan and Development Manual. In short, the ! Bozeman Gateway PUD anticipated large scale retail that exceeds the City's criteria by complying with the Bozeman Gateway PUD Master Plan and Development Manual. I Kohl's site plan does so. It is for these reasons that Mitchell Development believes the Kohl's Site Plan Application should not be held to the large scale retail standard of meeting and exceeding the design criteria and development standards of the Entryway Overlay District and the Design Objectives Plan. 1. Tab 7, PUD Application, Employees. This table estimates the number of employees for business, commercial and industrial uses. In the Lifestyle Center, two buildings were contemplated that exceed the 40,000 square foot threshold. Specifically, a cinema with a square footage of 50,000 square feet and an anchor with a j square foot of 60,000 are listed. The minor modifications to the PUD moved one anchor tenant in Phase 2 from the Lifestyle Center classification to the Convenience Center classification. Kohl's will be an anchor in the Convenience Center with a square footage of approximately 55,000 square feet. i 2. Tab 20, PUD Application, Parking. Parking table estimates the parking requirements for The Bozeman Gateway PUD to include a 60,000 square foot building located in the Lifestyle Center which through the PUD minor modifications was moved to the I Convenience Center classification. Kohl's will be an anchor in the j Convenience Center with a square footage of approximately 55,000 square feet. 3. The PUD Development Manual on page 4 states that tenants will range in size from hundreds to ten of thousands of square feet. i I � I 5 � j 4. The PUD Master Plan attached as an Appendix to the Development Plan clearly depicts an anchor in the Lifestyle Center that is larger than 40,000 square feet as well as a building larger than 40,000 square feet where Kohl's will be located. Through the minor modifications to the PUD, this anchor store was moved to the j Convenience Center classification, although still in the same location on the Master Plan. j 5. Rosauer's is located within the Convenience Center of the PUD as j is Kohl's proposed site. Rosauer's building is over 40,000 square i feet and went through a Preliminary Site Plan Application and a Certificate of Appropriateness review process. Rosauer's was not reviewed as large scale retail requiring it to meet and exceed the i design criteria and development standards of the Entryway Overlay District and the Design Objectives Plan but instead was reviewed under the Bozeman Gateway PUD Master Plan and Development i Manual. i Further, the Kohl's Site Plan Application exceeds the design criteria and development standards of the Entryway Overlay District and the Design Objectives Plan in that: I A. The landscaping provided for Kohl's exceeds the design criteria and development standards. Pursuant to 18.48.020B.2. of the LIDO sites within a I PUD approved with a PUD landscaping plan are not subject to the landscaping requirements of the LIDO. However, Kohl's has q provided extensive and exceptional landscaping on its site as well as landscaping Open Space 7 which was not to be landscaped until Phase 4. Kohl's is located in Phase 2. j B. Kohl's has provided for an improved public space in front of the entrance to its j building. i I C. Kohl's has stated their prototype buildings meet LEED criteria. j I D. Kohl's has improved the architectural design of its building by incorporating several jogs in the facades to break the walls into subordinate elements. The fagade at the store's main entrance has a staggered jog providing further depth j and definition to the building with an open beam awning above the entrance. All i of the jogs in the building have an upgraded difference in building materials j consisting of natural brick and cultured stone to enhance the jogs in the facades. i i i 6 � ~ i j I I A cornice wraps the top of the building as well as an architectural inset painted stripe, both of which add further depth and definition to the building. On South 29th Avenue an open beam awning is placed on one of the facades and the window details in the jogs are an upgraded porcelain steel material that is difficult to distinguish from real windows. The loading dock is screened with the same upgraded materials as on the jogs in the building. I While it is agreed that the south wall of the building which will be screened by retail store fronts along Technology Boulevard West could be left flat, a varied painting scheme has been incorporated to enhance this elevation pending the build out of the retail store front along Technology Boulevard West. I E. Trail upgrades will be made to accommodate alternative modes of transportation, being pedestrian and bicycle traffic. The trail upgrades previously implemented j consist of the six foot Type 2 gravel trail becoming a six foot concrete trail that j will be maintained throughout the year. (. RESPONSE TO RECOMMENDED CONDITIONS: i Mitchell Development will respond to the final conditions of the DRC and DRB after the final staff report of Associate Planner Krueger has been received. i E l I , i i i i i i i 1 I