HomeMy WebLinkAboutSafeway Site Plan Certificate of Appropriateness with Deviations, No. Z-10239.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Safeway Site Plan Certificate of Appropriateness with Deviations Application
#Z-10239
MEETING DATE: November 8, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Staff, the Development Review Committee, and Design Review Board
recommend conditional approval of the Safeway Site Plan, Certificate of Appropriateness with
Deviations Application #Z-10239 with the findings, conditions, and code provisions provided in the
staff report.
BACKGROUND: This application submitted by property owner D & G Investments LLP, applicant
Safeway Inc., and representative Morrison-Maierle, Inc. for a Site Plan and Certificate of
Appropriateness with Deviations would allow the demolition of all buildings currently on site and the
construction of two new commercial retail buildings (57,944 s.f. and 2,933 s.f.) and associated site
improvements. This property is the previous home of the Ressler automotive dealership and is currently
unoccupied.
The application requests two deviations to the zoning ordinance: 1) to allow above the 100%
maximum parking requirement for major site developments and 2) to encroach 2’ into the 25’ front
yard setback along West Main Street.
This property is located within the West Main Street (U.S. 191) and North 19th Avenue Entryway
Corridor Overlay Districts and the application is subject to Design Review Board (DRB) review with a
recommendation to the City Commission. It falls within the definition of “Large Scale Retail” in the
BMC (the proposed building exceeds 40,000 sf). Therefore, the requirements of Section 18.40.180 of
the BMC apply. Section 18.40.180.C.5 states that “…The City Commission shall determine whether
established design criteria and development standards have been exceeded based on a
recommendation from the Design Review Board.” Hence, the DRB’s review comment, minutes from
the DRB review meeting, and recommendation in regards to this site plan has been provided as noted
in their attached minutes and the attached Staff Report to the DRB which analyzed the Large Scale
Retail portion of the Code and the Design Objectives Plan.
1
123
2
UNRESOLVED ISSUES: None.
ALTERNATIVES: 1) Approve the application with the findings and conditions as
recommended by the DRB, DRC and Staff.
2) Approve the application with revised findings and revised conditions as
directed by the City Commission.
3) Deny the applications with findings.
.
FISCAL EFFECTS: The development of a new retail commercial buildings within the City will
increase tax values and corresponding revenue from the property. The City will accrue additional costs
to service the property with municipal services.
Attachments: Staff Report with Attachments
Report compiled on: October 21, 2010
124
CITY COMMISSION STAFF REPORT
SAFEWAY SITE PLAN CERTIFICATE OF APPROPRIATENESS WITH DEVIATIONS APPLICATION
FILE NO. #Z-10239
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 1
Item: A Site Plan Certificate of Appropriateness Application #Z-10239, to
allow the construction of a 57,944 square foot and 2,933 square foot
commercial retail buildings and related site improvements on
property that is located at 1735 West Main Street and is legally
described as Lot 1 and Lot B-1 of the Amended Plat of the Kirk
Second Subdivision, City of Bozeman, Gallatin County, Montana and
located within the Class II, West Main Street and North 19th Avenue,
Entryway Corridor Overlay Districts.
Owner: D&G Investments LLLP
7406-B Shedhorn Dr.
Bozeman, MT 59781
Applicant: Safeway Inc.
Jeff Parker
1121 124th Avenue NE
Bellevue, WA 98005
Representative: Morrison –Maierle, Inc.
2880 Technology Blvd. West
Bozeman, MT 59718
Date: Before the Bozeman City Commission on Monday, November 8, 2010
at 6 pm in the Commission Meeting Room, 121 North Rouse Avenue,
Bozeman Montana,
Report By: Brian Krueger, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject project is located at the northeast corner of West Main Street and North 19th Avenue, but does
not include the small parcel directly at the corner of the intersection. The property lies within the West Main
Street and North 19th Avenue Class II Entryway Corridors.
The property is zoned B-2 (Community Business District).
Please refer to the vicinity map provided on Page 2.
125
PROPOSAL
This application submitted by property owner D & G Investments LLP, applicant Safeway Inc., and
representative Morrison-Maierle, Inc. for a Site Plan and Certificate of Appropriateness with Deviations
would allow the demolition of all buildings currently on site and the construction of two new
commercial retail buildings (57,944 s.f. and 2,933 s.f.) and associated site improvements. This property
is the previous home of the Ressler automotive dealership and is currently unoccupied.
The application requests two deviations to the zoning ordinance: 1) to allow above the 100% maximum
parking requirement for major site developments, and 2) to encroach 2’ into the 25’ front yard setback
along West Main Street.
This property is located within the West Main Street (U.S. 191) and North 19th Avenue Entryway
Corridor Overlay Districts and the application was subject to Design Review Board (DRB) review with
a recommendation to the City Commission. The primary grocery building falls within the definition of
“Large Scale Retail” in the BMC (the proposed building exceeds 40,000 sf). Therefore, the requirements
of Section 18.40.180 of the BMC apply. Section 18.40.180.C.5 states that “…The City Commission shall
determine whether established design criteria and development standards have been exceeded based on
a recommendation from the Design Review Board.” Hence, the DRB’s review comment, minutes from
the DRB review meeting, and recommendation in regards to this site plan has been provided as noted in
their attached minutes and the attached Staff Report to the DRB which analyzed the Large Scale Retail
portion of the Code and the Design Objectives Plan.
On October 13, 2010 the Design Review Board (DRB) reviewed the project at their regular meeting.
Although a quorum of the DRB was not present at that meeting, an informal recommendation of
approval and comments on the project were provided. On October 20, 2010 the Development Review
Committee (DRC) recommended conditional approval of this application. The advisory board
recommended conditions and comments are included and incorporated into this report.
Recommendation & Conditions of Approval
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 2 126
Based on the previous analysis, the Development Review Committee and Staff 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 7 through 9 of this
report.
Design Review Board (DRB) Informally Recommended Conditions:
1. A landscape island shall be provided in the northern parking area in the area proposed for snow
storage.
2. All proposed fencing visible from public ways shall be removed from the view of the public way or
composed of an alternative design more closely related to the building architecture and minimized in
height.
3. The applicant shall develop a security lighting plan for the site as part of the final site plan submittal
detailing which lights are proposed to be left on between the hours of 11 pm and 6 am or during
operating business hours for security purposes.
Planning Recommended Conditions:
4. ts 1 and B-1 of the Amended Plat of the Kirk Second Subdivision shall be aggregated and/or the
common boundaries of said lots shall be reconfigured through the applicable subdivision review
process to accommodate the project prior to final site plan approval.
Lo
A
. Written approval from the Montana Department of Transportation for all improvements proposed
wi
. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and
pri
5. copy of the shared access easement and agreement with Lot 2 of the Amended Plat of the Kirk
Second Subdivision shall be submitted for review and approval with the final site plan application.
6
thin the West Main Street and North 19th Avenue rights-of-way shall be submitted with the final
site plan application.
7
or to issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied.
Engineering Recommended Conditions:
8. he applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
a. Street improvements to N. 19 Avenue and W. Main Street including but not limited to
e.
The document filed shall specify that in the event an SID is not utilized for the completion of these
T
of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
th
paving, curb and gutter, sidewalk, and storm drainage improvements.
b. Improvements to the intersection of W. Main Street and N. 19th Avenu
improvements, the developer agrees to participate in an alternate financing method for the
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 3 127
completion of said improvements on a fair share, proportionate basis as determined by squa
footage of property, taxable valuation of the property, traffic contribution from the developmen
combination thereof.
re
t, or a
9. The City of Bozeman will conditionally approve the use of the Eastern most access onto Main Street
for
in accident data from the Montana Department of Transportation (MDT) and the
r the access using the methodology
ng the results of the analysis.
If the reported crash rate for the three year period exceeds 0.6/MEV or the severity index exceeds
he agreement must be executed and finalized by the applicant prior to Final Site Plan (FSP)
10. Approval from the Montana Department of Transportation (MDT) must be granted for all proposed
cc
1. A pre-construction meeting shall be organized by the applicant to discuss the complexities of the
n
2. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be
ns
3. In conformance to UDO section 18.78.080.B.9.e the City Engineer has reviewed the applicant’s
e
4. All fire lanes shall be properly signed and striped, and meet the final approval of the Bozeman Fire
e
5. In the event it is necessary to readdress the proposed development the applicant shall work with
Bozeman Engineering Department to properly change the street address.
full access, contingent on the applicant entering into an agreement with the city to ensure the
safety of this access. The applicant must agree to:
1.) Obta
Bozeman Police Department on an annual basis.
2.) Calculate both the crash rate and severity index fo
provided by the applicant with their deviation request.
3.) Submit a written report to the City Engineer summarizi
1.1/MEV the city may, at its sole discretion, revoke its permission to allow the left turn movement
from the approach. If either the reported crash rate or severity index are 100% greater than 0.6/MEV
or 1.1/MEV respectively in either year two or year three, the city may, at its sole discretion, revoke
its permission to allow the left turn movement from that approach.
T
approval. The agreement must be recorded at the County Clerk and Recorders Office.
a esses onto Main Street and North 19th Avenue. Written authorization shall be provided from
MDT verifying that they have reviewed the pertinent data and approve of all proposed accesses and
other improvements within their right of way.
1
u derground utilities at the proposed site and schedule all necessary shut downs for services to
surrounding properties. The meeting shall include the design engineer, contractor, and all necessary
departments from the City of Bozeman.
1
i talled with any development responsible for food preparation. In accordance with Municipal
Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made
available to the City upon request.
1
d viation request to waive their requirement to improve the intersection of Main Street and North
19th due to its existing deficient level of service. The City Engineer grants the applicant their
deviation request without any further action necessary.
1
D partment.
1
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 4 128
Fire/Building Recommended Conditions:
17. There shall be no tenant use of the building, including public access, merchandise stocking or on site
employee interviews, training, or orientations, prior to the issuance of a certificate of occupancy for
CONCLUSION/RECOMMENDATION
the building. Upon approval of the Building Division and Fire Department, the City will allow the
installation of racks, shelving, and other display fixtures prior to occupancy.
Plan/Certificate of Appropriateness/Deviations Application.
taff and the applicable Advisory Boards recommends to the City Commission approval
The DRC and Staff have reviewed the Site
S of said
application with the conditions and code provisions outlined in this staff report. Staff has identified
various code provisions that are currently not met by the application. Some or all of these items are
listed in the findings of this Staff Report. 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 approvals. 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.
ZONING DESIGNATION & LAND USES
The subject property is zoned “B-2” (Community Business District). The intent of the “B-2” district is
provide for a broad range of mutually supportive retail and service functions located in clustered areas
al zoned B-2 (Community Business District) and
R-3 (Residential Medium Density District)
East: 2
Pharmacy Master Site Plan
ADOPTED G
to
bordered on one or more sides by limited access arterial streets. Retail uses over 40,000 square feet are
permitted as Retail and Large Scale Retail as principal uses in the B-2 district. The following land uses
and zoning are adjacent to the subject property:
North: Office and Multifamily Residenti
South: Automotive Retail Sales (Bozeman Audi) zoned B-2
Retail (Hastings Shopping Center) zoned B-
West: Current Automotive Retail Sales, Planned CVS
Redevelopment (4 buildings) zoned B-2
ROWTH POLICY DESIGNATION
mmunity Plan designates the subject property to
evelop as “Community Commercial Mixed Use”. The “Community Commercial” classification states
ttern, Community Commercial Mixed Use areas are integrated with
gnificant transportation corridors, including transit and non-automotive routes, to facilitate efficient
The Future Land Use Map of the Bozeman 2020 Co
d
that activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as a
whole for their employee and customer base and are sized accordingly. A broad range of functions
including retail, education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pa
si
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 5 129
travel opportunities. The density of development is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of
.5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban
streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are
anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided.
High density residential areas are expected in close proximity. Including residential units on sites within
this category, typically on upper floors, will facilitate the provision of services and opportunities to
persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve different
urposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers
hould typically be located on one or two quadrants of intersections of arterials and/or collectors.
lthough a broad range of uses may be appropriate in both types of locations the size and scale is to be
integrated, pedestrian friendly manner and should not be
verly dominated by any single land use. Higher intensity employment and residential uses are
p
for an area of several square miles surrounding them. These are intended to service the larger
community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller
Community Commercial areas are usually in the 10-15 acre size range and are intended to provide
primarily local service to an area of approximately one-half mile radius. These commercial centers
support and help give identity to individual neighborhoods by providing a visible and distinctive focal
point.
They s
A
smaller within the local service placements.
Mixed use areas should be developed in an
o
encouraged in the core of the area or adjacent to significant streets and intersections. As needed,
building height transitions should be provided to be compatible with adjacent development.
REVIEW CRITERIA & STAFF FINDINGS
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
Planning Director, City
ommission, DRC, and when appropriate, the ADR Staff, the DRB and WRB shall consider the
Conformance to and consistency with the City’s adopted growth policy
an including the
“Community Commercial Mixed Use” classification. The intersection of West Main Street and
In considering applications for site plan approval under this title, the
C
following:
1.
The development proposal is in conformance with the Bozeman Community Pl
North 19th Avenue is a developing “center” within the City’s land use pattern. It is anticipated that
uses within this land use area utilize the community as a whole for their employee and customer base
and are sized accordingly. Safeway is a use that is anticipated to be used by the community as a
whole. The project will provide urban streetscapes, plazas, outdoor seating, and hardscaped open
space amenities as anticipated. The project is in proximity to significant streets and intersections
with emphasis on the vehicle, pedestrian, and bicycle. Transit circulation is provided along West
Main Street and North 19th Avenue in the vicinity. The proposal is in conformance and consistent
with this designation.
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 6 130
is title, including the cessation of any current violations
t specifically
sted as conditions of approval, does not, in any way, create a waiver or other relaxation of the
ires 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
2. Conformance to th
The applicant is advised that unmet code provisions, or code provisions that are no
li
lawful requirements of the Bozeman Municipal Code or state law. The following code provisions
must be addressed prior to Final Site Plan approval:
Planning Code Provisions
a) Section 18.34.130 requ
to be reviewed and approved by the Planning Office.
• 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
b)
Specifically the final site plan shall show all utilities and utility
sued until
oof form or screened in an enclosure and ground mounted
equal to one and one-half times the amount of the estimated cost of the scheduled
improvements not yet 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.
Section 18.34.130 requires that the final site plan shall contain the materials required in
18.78.080 and 18.78.090.
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 is
the Final Site Plan is approved.
d) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment
shall be incorporated into the r
equipment shall be screened with walls, fencing or plant materials. The final site plan shall
contain a notation that “No ground mounted mechanical equipment, including, but not limited
to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the
required yard setbacks and will be properly screened with an opaque solid wall and/or adequate
landscape features. All rooftop mechanical equipment shall be incorporated into the roof form
or screened in an approved rooftop enclosure.”
e) Sections 18.42.150 requires a lighting plan for all on-site lighting including all-mounted lights
on the building and must be included in the final site plan submittal. 18.42.150.D.7.e states that
hting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions
the maximum illumination measured in footcandles at the property line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial properties and public
rights-of-way.
f) Section 18.42.150.D.7 requires that all site lighting other than pathway intersection lighting and
security lighting all lig
shall be granted to those businesses which operate during these hours; such lighting may remain
illuminated only while the establishment is actually open for business.
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 7 131
g) Section 18.42.170 states the size of the trash receptacle shall be appropriately sized for the use
and approved by the City Solid Waste Division. Accommodations for recyclables must also be
pace. A sign detail shall be
are exempt from the sign permit requirements if they do
be submitted with the final site plan that complies with
shall become null and void. Prior to the lapse of one year, the
y dimensioned.
g Plan and Maintenance Plan for a system designed
pollutants must be provided to and approved by the
's
y a Professional Engineer (PE), and be provided to and approved by
hey cannot be part
of infrastructure or final site plan sets.
considered. All receptacles shall be located inside of an approved trash enclosure. A copy of
the site plan, indicating the location of the trash enclosure, dimensions of the receptacle and
enclosure and details of the materials used, shall be sent to and approved by the City Solid
Waste Division (phone: 582-3238) prior to final site plan approval.
h) Section 18.46.020.A note 5 outlines the requirements for compact parking stalls. Signage is
required in accordance with this section for each compact parking s
provided with the final site plan.
i) Section 18.52.050.B.1 states that only window signs painted on the window or physically
affixed to the interior of the window
not occupy more than 25 percent of the area of the window in which it is displayed. If these
signs exceed 25 percent of the area of the window, they will be classified wall signage and
subject to the sign area allotted for the building. If the graphics displayed in the window do not
meet the definition of sign in 18.80.2790 BMC they would be exempt from sign requirements.
j) Section 18.52.060.A outlines the amount of permitted signage for the property. A Sign Permit
shall be reviewed and approved by the Planning Office prior to the construction and installation
of any on-site signage. All final building elevations and site plans shall show the signage
allowed in compliance with this section.
k) Section 18.52.060.B requires a comprehensive signage plan for two or more tenant spaces on a
lot. A comprehensive signage plan shall
this section.
l) Section 18.64.100 states that a building permit shall be obtained within one year of final
approval, or said approval
applicant may seek an extension of one additional year from the Planning Director.
Engineering Code Provisions
m) The FSP shall be adequatel
n) A Storm Water Drainage/Treatment Gradin
to remove solids, silt, oils, grease, and other
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.
o) Plans and Specifications for any fire service line must be prepared in accordance with the City
Fire Service Line Policy b
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.
Plans and specifications for fire service lines must be a separate, stand alone submittal
meeting the requirements of the COB design standards for fire lines. T
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 8 132
Sewer and water services shall be shown on the FSP and approved by the Water/Sewe
Superintendent. City of Bozeman applic
p)r
ations for service shall be completed by the applicant.
location must be approved by the City Engineer and MDT if the sidewalk will be located within
vided 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.
n off the property and filed
with the County Clerk and Recorder's office).
ght triangle.
s such on the FSP.
g the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
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
aterial that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section
3. Conformance with all other applicable laws, ordinances, and regulations
q) City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1
foot off property line) along the street(s) frontage. Any deviation to the standard alignment or
their Right of Way.
r) The location of existing water and sewer mains shall be properly depicted, as well as nearby
fire hydrants.
s) Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail
shall be pro
t) All existing utility and other easements must be shown on the FSP.
u) 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 locatio
v) Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the si
w) The drive approaches shall be constructed in accordance with the City's standard approach (i.e.,
concrete apron, sidewalk section and drop-curb) and shown a
x) All trees must be at least 10 feet from any public utilities or service lines. All public utilities
and services lines must be shown on the Final Landscaping plan.
y) The Montana Fish, Wildlife & Parks, NRCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regardin
approval.
z) The applicant shall submit a construction route map dictating how materials and heavy
equipment
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
aa) All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of m
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.
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 9 133
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be
further evaluated against the requirements of the International Building Code at the time
4.
the corner of two principal arterial roadways, North
9 Avenue and West Main Street. From a traffic perspective, the intersection contains the
tiple utility
asements exist on the property. Two buildings remain on site from the Ressler automotive
d site improvements. The
aller retail building is sited along the setback line along North 19th Avenue and the Grocery
y. Construction is anticipated to begin on
is site within two years.
outh- South and west of this site directly at the corner of North 19th Avenue and West Main
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
application is made for a Building Permit.
Relationship of site plan elements to conditions both on and off the property
Existing- The subject property is located at th1
highest volume of traffic in the City. The building site includes two lots. Mul
e
dealership. An irrigation ditch exists along the east property boundary. A majority of the site,
outside of the yard setback areas along North 19th Avenue and West Main Street, is paved with
concrete and asphalt. Numerous site lights exist as typical of an automotive dealership.
Perimeter fencing exists on the majority of the north property boundary , east property boundary
, and at the southwest corner of the site between the casino property.
Proposed- This application for a Site Plan and Certificate of Appropriateness with Deviations
would allow the demolition of all buildings currently on site and the construction of two new
commercial retail buildings (59,870 s.f. an 2,933 s.f.) and associate
sm
building is sited along west Main Street. The configuration of the grocery building is specific to
allow the vehicular accesses to remain along West Main Street. Two additional access points to
the site are located along the North 19th Avenue frontage. The application requests two
deviations to zoning ordinance: 1) to allow above the 100% maximum parking requirement for
major site developments, and 2) to encroach 2’ into the 25’ front yard setback along West Main
Street. Some landscape and lighting improvements are proposed within Montana Department of
Transportation (MDT) rights of way. A condition is recommended to require written approval
from this jurisdiction prior to final site plan approval.
West- The northwest corner of the intersection of North 19th Avenue and West Main Street is
currently an automobile dealership, but the site has master site plan approval for a four building
retail development to be anchored by a CVS Pharmac
th
East- The Hastings shopping center is due east of this project site. The west boundary of the
Hastings site includes a service alleyway along the property border with this project site.
S
Street is a small building that includes a casino use. Further south across West Main Street is an
automotive dealership and an older small retail center.
North- A small medical office complex is located adjacent to the northwest corner of the site. It
includes two small building and shares an access with the project site. Residential uses exist
further north between Beall Street and the project site.
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 10134
The proposed Safeway site is located at the intersection of two principal arterials. The spacing
standards for providing access onto these streets from this site are drafted such that no access can
be provided without a deviation. UDO section 18.44.090.D.3 outlines the spacing standards for
accesses onto public streets.
as one full access onto West Main Street, one partial access on to West Main
t, one partial access onto North 19th Avenue, and one shared full access onto North 19th
ay and their engineering representatives provided a full traffic
udy addressing these concerns. The partial accesses onto West Main Street and North 19th
f
as
r
afeway’s engineering representative took crash data from the previous three years when the site
to stay provisionally for the next three years on the condition that it operates at a safe
vel. The City engineer has set benchmarks that the intersection must meet in regards to safety
ree
ion
”
The existing site h
Stree
Avenue for a total of four accesses. The Safeway proposal has requested to keep all of the
existing accesses. Engineering staff has reviewed Safeway’s request and weighed the request
with the review criteria outlined in UDO section 18.34.090, specifically sections 18.34.090.A.5,
18.34.090.A.6.a and c. Safew
st
Avenue and the shared full access onto North 19th Avenue all were approved by engineering staf
with the data submitted with the original application that demonstrated those accesses could
operate at an acceptable and safe level. The primary point of interest for engineering staff w
the full access onto West Main Street, specifically the left turn movement leaving the site onto
East-bound on West Main Street.
Engineering staff requested further data from Safeway’s engineering representatives to furthe
demonstrate that this access could safely function as a full access. The chief concern was that
there were too many accesses too close to an intersection of two principal arterials and this in
turn created too many potential points of conflict with vehicles trying to cross or access Main
Street.
S
functioned as a car lot and estimated what the crash rate should be with the change in use at the
site. Their data demonstrated that this access could operate at an acceptable level. Engineering
staff reviewed this data and has proposed with a condition of approval that an agreement be
signed between the City of Bozeman and Safeway that the full access onto Main Street be
allowed
le
and crash frequency. If the access does not function as the data currently shows, Safeway will
work with the City and the Montana Department of Transportation (MDT) to assure that the
failing turning movement(s) are removed and access is restricted at that location. If the access
does function as Safeway and their engineering representatives have assured the City after th
years Safeway will be allowed to keep the access on a permanent basis.
MDT has been included during these discussions regarding the access since both West Main
Street and North 19th Avenue are state routes. MDT has informally communicated with
engineering staff that they are comfortable with whatever resolution the City works out with
Safeway. Since both West Main Street and North 19th Avenue are state routes engineering staff
has drafted a condition of approval that MDT will get final approval of improvements within the
right of way including the accesses.
The traffic study provided by Safeway for this application also demonstrated that the intersect
of West Main and North 19th Avenue operated at an unacceptable level. UDO section
18.44.060.D states that streets and intersections must operate at a level of service (LOS) of “C
or greater. The UDO has recently been updated to provide an exception for infill projects such
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 11135
as this to not be held accountable for failing intersections. Specifically, UDO section
18.78.080.B.9.e provides an exception that states the following:
thin one
te the
er building or complex of
uildings.
further
rested
g the intersection currently.
ll per 300
, 8
represents
st requires a deviation, with the applicant requesting the
aximum 20% above the standard. Staff supports the deviation request due to the intensive
6.
…The application for site plan approval involves the adaptive reuse of an existing building,
regardless of its location within the City, or the redevelopment of a property located wi
of the City’s Urban Renewal Districts. In cases where an existing building or complex of
buildings is to be torn down and replaced with a larger building or complex of buildings, the
City Engineer may require the information described in Section 18.78.060L. to evalua
additional traffic impacts resulting from development of the larg
b
The City Engineer has reviewed all the necessary traffic data submitted by Safeway’s
engineering representative and will grant the applicant their deviation request without any
action necessary. The principal reason for granting this deviation request is due to the lack of
available right of way available to further expand the intersection, and the fact that the
intersection is under the jurisdiction of MDT and they have verbally stated they are not inte
in expandin
The minimum parking requirements for the uses on site is 1 off street parking sta
square feet of retail space. Under the code provision, 178 parking spaces are required. The site
plan proposes to construct 169 regular off street parking spaces, thirty compact parking spaces
oversized parking spaces, and 7 accessible spaces for a total of 214 spaces. This
parking above the 100% maximum allowed within the Design Objectives Plan for Entryway
Corridors. In this specific case the reque
m
landscaping on site, high outdoor site amenity, quality architecture, and architectural features for
the buildings that present an environment that enhances the corridor. The parking areas are
screened by berms and intensive landscaping along the street frontages of North 19th Avenue and
West Main Street. A deviation is requested to encroach two feet into the West Main Street
setback for parking areas in order to eliminate the need to line that frontage with compact
parking stall signage. The additional two feet will allow the parking spaces to satisfy the full
depth required by code and eliminate the need to classify the parking as compact. Staff finds this
deviation appropriate with consideration to the high quality streetscape and landscape design
presented with the application. The parking field is bisected into smaller areas by a 13’ wide
pedestrian walkway through the parking area. A shared drive is used to access parking areas for
this site and for the medical/office buildings to the north of the site.
Pedestrian and vehicular ingress and egress
See the discussion above under #5 for detailed finding on automotive vehicular access. The
northernmost access along North 19th Avenue is a shared access to the medical/office uses north
of the shared access. This shared access provided the only direct automobile access within or to
an abutting property. Due to building locations and the current development pattern there are not
additional opportunities to provide additional vehicular connection to adjacent property. Staff
recommends a condition that requires that a copy of the shared access easement and agreement
with Lot 2 of the Amended Plat of the Kirk Second Subdivision shall be submitted for review
and approval with the final site plan application.
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 12136
Pedestrian connections to the residential development to the north, the small medical/office
complex to the northwest of the site and the Hastings Shopping Center have been provided. The
application proposes to construct two primary pedestrian entrances to the site. The first is a
major connection from North 19th Avenue boulevard sidewalk into the site. It includes
pedestrian plazas and a large hardscaped way through the parking area, which provides refuge
and protection for pedestrians and serves to break the large parking field into to two smaller
parking areas. A second primary access is provided from West Main Street that includes a high
7.
, and pedestrian areas, and the preservation or replacement of natural
egetation
en trees to be
tained on site that exceed 6” diameter at breast height. The trees are primarily in the setback
orth 19th Avenue frontage that is proposed to be significantly enhanced as a site
landscape feature to maximize this natural asset of the site. The site stormwater systems
8.
easonal use of these areas. These
reas are anticipated to be actively used and will connect to major building activities. The
paces on site exceed minimum standards. As stated above, the yard setback
areas along North 19th Avenue and West Main Street are proposed for significant landscaping
and outdoor plaza features.
level of landscaping, seating, and lighting amenities. A large plaza/seasonal outdoor sales area is
provide along the entire lengths of the west and south facades of the building that provides a
waiting area and protected area for pedestrians. Colored concrete paving areas have been
provided to highlight intensive pedestrian areas on site. Bicycle connections are available from
North 19th Avenue and West Main Street. A bicycle parking area is located along the primary
(west) façade of the building north of the main entrance to the building and along the south
façade near the coffee shop interior use. The bicycle parking provided exceeds minimum
standards.
As noted in the attached Staff Report to the DRB the Large Scale Retail section of the code
requires that the City look at the future adaptive reuse components of the site and the proposed
pedestrian provisions and layout of the project would seem to accommodate this.
Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space
v
There are existing mature trees and shrubs on the site. The applicant plans to retain and enhance
those planting areas, where feasible. The landscape plan demonstrates sixte
re
areas. These yard setback areas will remain and will be significantly enhanced with additional
landscaping on all frontages. The stormwater system is planned to include a large swale feature
along the N
character and landscape plans exceed minimum standards. The landscape design palette is
diverse, includes seasonal interest, and is of the highest quality. The plan exceeds the minimum
23 performance points required. The landscape architect notes that 52 points were achieved on
site. The plan should be commended for a high level of interest, perennial plantings, and no-
mow turf. A large landscape planter has been provided at the south elevation of the building that
will add significant visual interest to that street facing façade.
Open space
The proposed pedestrian entrances to the site and the plaza spaces create outdoor focal points.
The covered outdoor seating areas along the front (west) of the building and at the southwest
corner of the building include seating opportunities and outdoor spaces for public interaction.
An outdoor fire place is included in one area to extend the s
a
outdoor public s
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 13137
Building location and height
The primary grocery building proposed is approximately 165’ x 320’ in foot print is proposed to
be 57,944 square feet in size. The building exceeds the 40,000 square foot threshold for
individual retail uses. As such, this project is subject to the standards for Large Scale Retail
Uses in Section 18.40.180 BMC. The grocery building is placed to retain the full access
driveway along W. Main S
9.
treet. In order to fully comply with the guidelines in the Design
bjectives Plan this drive access would be removed and the entire width of the proposed grocery
e. In lieu of doing that, the proposal does provide a building
resence on the street edge with a plaza seating area and transparent windows that provide views
10.
determined by the Entryway Corridors and are required at 25’ along
e arterial streets of North 19th Avenue and West Main Street. As noted, a deviation is
ards are provided in
ccordance with code requirements around the north and east sides and southwest corner of the
ct appears consistent with all required setbacks.
11.
hat complements the building
rchitecture. The lighting provided is scaled for both automobiles and pedestrians. Staff
condition that the applicant shall develop a security lighting plan for the site as
part of the final site plan submittal detailing which lights are proposed to be left on between the
12.
O
would be brought to the setback lin
p
into the store in the coffee shop, bakery and deli areas. The building is approximately 34’ in
height at the top of the tallest parapet. The maximum height in the B-2 district is 38’ with a
shallow pitch or flat roof.
The smaller retail building is proposed at 2,933 square feet and proposed to be 26’ in height.
This building is located adjacent to the street edge of North 19th Avenue. The primary entrance
faces east and opens to a common parking area with the grocery building.
Setbacks
The front yard setbacks are
th
requested to encroach 2’ into the 25’ front yard setback along West Main Street. Staff is
supportive of the request to enable the compact parking stalls in this area to be full size spaces
and eliminate the need for compact parking signage. Side and rear y
a
site. The proje
Lighting
The site lighting for the site is required to meet the standards in Section 18.42.150. Staff notes
that there are areas with the current photometric plan that are out of conformance. A code
provision is noted and a final lighting plan that conforms with the standards will be required with
the final site plan application. The light poles and luminaries proposed for site lighting appear
to meet cut-off standards and are of high quality design t
a
recommends a
hours of 11 pm and 6 am for security purposes (otherwise, code requires all lighting to be turned
off between said hours).
Provisions for utilities, including efficient public services and facilities
The private utilities are located within adjacent streets. Water and sewer is provided directly to
the building from sewer and water lines that exist to the east of the site. Easements are provided
on site for sewer services for adjacent parcels. The applicant will need to coordinate with
Northwest, Qwest, Bresnan or other private providers for other services. The utilities and
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 14138
easements need to be coordinated with the landscape plan to ensure no overlap. No trees are
ermitted within ten feet of mains and services as noted in the conditions. All final utility
lan. Engineering
conditions that address on site utilities and construction management have been provided.
13.
p
locations, public and private, are required to be shown on the final site p
Site surface drainage
The site utilizes a combination of surface stormwater ponds and engineered sheet flow. The
majority of stormwater control for the proposal is within a retention/detention pond within the
West Main Street frontage. The natural topography slopes south to north and east to west and to
the north. The natural drainage way for the West Main Street frontage is incorporated as a
landscape amenity per the submitted landscape plan for this area. The Engineering staff
recommends conditions to require final details with the final site plan application to assure
conformance with code standards.
14.
5. Grading
The site will require grading to accommodate the large building pad. A final grading and
6. Signage
All new signage shall require a sign permit. If signage is included on the final building
7. Screening
taff has noted a code provision to require that all mechanical equipment be screened. The roof
creening has been provided according to the required code provisions along West
ain Street and North 19th Avenue. A screen is required for the loading area and has been
Loading and unloading areas
This project provides two loading stalls in conformance with the standards for loading areas.
The area reserved for unloading is approximately 110 feet by 40 feet wide and also includes one
trash compactor to provide waste management for the project. Trucks will access the site from
the shared access to North 19th Avenue.
1
drainage plan with final calculations is required for review and approval by the City Engineering
Department prior to final site plan approval. No specific areas of concern were identified with
DRC review.
1
elevations is shall be sized to comply with the code standards for the B-2 zoning district. A
comprehensive signage plan is required as there will be multiple tenants on site in multiple
buildings. Staff notes code provisions that reference the requirements for onsite signage.
1
S
construction of the building includes a parapet wall to assist with the screening of mechanical
equipment. A perspective elevation was submitted with the application with the best information
available at the time that demonstrates that the roof top mechanical units proposed will not be
seen from West Main Street.
Parking lot s
M
provided along the north side of the loading area to screen this service area from the residential
and office uses to the north. Buffer landscaping has also been provided between the residential
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 15139
#Z-10239 Safeway Site Plan Certificate of Appropriateness with Deviations Application Staff Report 16
18.
0.C.5 states that “ …The
City Commission shall determine whether established design criteria and development standards
commendation from the Design Review Board.” Hence, the
uses to the north and the Safeway site as required by code provisions.
Overlay district provisions
This property is located within the West Main Street (U.S. 191) and North 19th Avenue Entryway
Corridor Overlay Districts and the application was subject to Design Review Board (DRB)
review with a recommendation to the City Commission. It additionally falls within the definition
of “Large Scale Retail” in the BMC (the proposed building exceeds 40,000 sf). Therefore, the
requirements of Section 18.40.180 of the BMC apply. Section 18.40.18
have been exceeded based on a re
DRB’s review comment, minutes from the DRB review meeting, and recommendation in regards
to this site plan has been provided as noted in their attached minutes and the attached Staff
Report to the DRB which analyzed the Large Scale Retail portion of the Code and the Design
Objectives Plan.
Other related matters, including relevant comment from affected parties
No public comment on the project has been received to date.
If the development includes multiple lots that are interdependent for circulation or
means of addressing requirement of this title, whether the lots are either:
a. Configured so
19.
20.other
that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming;
to which the
ity is a party so that the sale of individual lots will not cause one or more elements of the
ll be reconfigured
ubmitted October 13, 2010
Design Review Board Staff Report October 13, 2010
Report S
, Inc. Jeff Parker Safeway 1121 124 Avenue NE Bellevue, WA 98005
Morrison-Maierle Inc. 2880 Technology Boulevard West Bozeman, MT 59718
b. The subject of reciprocal and perpetual easements or other agreements
C
development to become nonconforming.
There are two lots that will be affected by this proposal. Staff notes a condition that states that
the lots shall be aggregated and/or the common boundaries of said lots sha
through the applicable subdivision review process to accommodate the project prior to final site
plan approval.
Attachments: Applicant’s Submittal Materials submitted September 8, 2010
Additional deviation request s
Preliminary Design Review Board Meeting Minutes October 13, 2010
ent to: D & G Investments LLLP 7406 Shedhorn Dr. Bozeman, MT 59718
Safeway th
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1
Brian Krueger
From:Darren Schroeder [Darren.Schroeder@MulvannyG2.com]
Sent:Wednesday, October 13, 2010 4:42 PM
To:Brian Krueger
Cc:Jeff Parker; Douglas Livingston; Shi kei Liu; Matthew Ekstrom; Stan Griswold
Subject:Safeway #2999 Bozeman - Deviation to encroach into W Main St setback.
Brian:
Safeway would like to request a Deviation to allow the 14 stalls fronting West Main Street to encroach 2’‐0” into the
setback zone. Should this Deviation be granted, the subject parking stalls would meet the full required depth & width
for a standard parking stall and would need not be classified as Compact per the Code.
In support of this deviation request, we submit the following :
‐ Due to the constraints the North/ South direction on the site , without the deviation these stalls would only
meet the compact stall standard, and thus would require 14 individual signs, the backs of which would face
West Main Street.
‐ The areas in front of the parking on West main have been designed to screen the fronts of the parked cars, and
will feature rich landscape detail in the setback zone.
In conclusion, Safeway believes that by granting this deviation, the overall appearance and presentation to the public
way is improved beyond the code standard since individual compact stall signs would not be required in this high
visibility area.
Should you have any questions or require further detail or clarification , please do not hesitate to contact me.
Sincerely,
Darren Schroeder, AIA, LEED AP | Senior Associate
MulvannyG2 Architecture
601 SW Second Avenue | Suite 1200 Portland, OR 97204
D: 503.419.4720
F: 503.223.8381
E: Darren.Schroeder@MulvannyG2.com
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145
Project Narrative
Safeway #2999 Bozeman
September 8, 2010
In this Development Review Application for a new store located at the Northeast corner of West Main Street and
North 19th Avenue, the Safeway design team has taken to heart the comments and suggestions received through the
two Informal Reviews held in March and July of this year. The positive feedback received by the DRC and DRB in July
has informed several other important design decisions that we believe further improves the design and quality of this
project. This narrative serves as a brief overview of design intent as it relates to the Bozeman’s development criteria,
and how this proposed design exceeds applicable design criteria and development standards.
Building Placement and Site Arrangement
Responding to the call in the March Informal to have building frontage set against the building set-back lines along
both Main and 19th, our team was challenged by the requirement to maintain all four existing vehicular access
points. Without a full-turn access on Main Street, the development would have no chance to be viable. The first step
was to relocate the shop spaces that were previously abutting the South end of the Safeway store to be against the
North 19th Street setback line. To achieve frontage along Main Street was much more of a challenge due to the need
to preserve the existing full-turn access. We also wanted to be sure that any interior spaces that we presented to
Main would be fully transparent to pedestrians. To accomplish this, Safeway had to dramatically redesign its
prototypical store layout and locate spaces that are “out of the box” in order to reach out to Main Street. We have
also carved out a notch at the Southeast corner of the building in order to provide an outdoor seating area. This
space is covered by a tower which serves as a beacon at this gateway to downtown.
Pedestrian Access, Outdoor Public Areas & Bicycles
Understanding that the pedestrian and bicycle connectivity is essential to the life of this project, the design team has
emphasized the connections to the right of way as well as the adjacent properties. Following DRB comments in July,
the design team has reached out to the adjacent landowners and informed them of our intention to provide
connectivity to their respective parcels. Diverse sustainable landscaping and public seating areas are tightly
integrated into the pedestrian’s experience. From 19th Avenue, one walks across a small bridge over a detention
basin welcomed by a seating area in front of the shop space. The path continues along a 13 foot wide tree-lined
promenade to the Safeway store. Mitigating the grade difference from Main Street to our site, access is down a
series of ramps with terraced seating areas at the landings where one is shaded and shielded via indigenous
landscaping. As requested, we have also provided access to future connection points at the apartments to the North
of the site, the medical offices, and the retail development to the East. Each access path was designed with the cyclist
in mind and bikes racks are located at multiple points on the site. Parking has been provided for thirty two bikes; this
is 10 above the required 22.
Landscape and Screening
Following the constructive landscape comments received at the July DRB, we have further improved upon the
proposed plant list, resulting in a landscape design which emphasizes the use of native and drought tolerant plant
species suitable for the Bozeman climate. Earthwork forms and boulders have been utilized to create spaces, shape
views, and screen adjacent use areas. Existing significant trees along West Main have been retained and are
integrated into the overall design. The Landscape emphasis along Entry Corridors is intended to frame views into the
site and highlight access points while screening the parking areas from the right of way. The landscape design also
plays a big role in the public seating areas by providing shade and screening from the arterials. The proposed design
achieves 52 landscaping points which is 29 above the required 23.
Exterior Design Treatment
The design team has focused on capturing the timeless quality and historical significance of Bozeman’s significant
Main Street buildings which has inspired our decision to highlight the use of masonry in the exterior design.
Different colors of brick, along with conventional masonry details will be used in order to break up the mass of the
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Project Narrative
Page 2 of 2
Safeway store’s elevations. The proposed design modulates mass and scale by varying parapet heights at accented
elements and by introducing minimum 2’ jogs in wall plane. Exterior walls have been detailed with wainscot bases,
accent banding, and traditional architectural cornices. Painted, locally sourced corrugated metal is used as an accent
material on both structures to add further richness to the exterior texture. Traditional canopy detailing borrowed
from downtown buildings provide shelter to shoppers on outside walks and well as reducing solar gain on the store’s
interior.
Site Lighting
Serving to compliment the landscape and the exterior design of the buildings, site lighting follows a uniform theme
across the site. Primary site lighting uses one fixture type, and based on the need it is serving the pole heights have
been adjusted. Pedestrian areas, and site access drives feature a lower fixture, while the areas lighting the parking
areas have been raised. Additionally, illuminated bollards, and recessed under bench accent lighting have been
incorporated to the design of pedestrian plazas.
Superior Design Elements - A Brief Summation
Included in this application is a Deviation Request for the maximum parking allowed which is critical to the viability of
the project. Recognizing that in order for this Deviation to be granted, the design outcome must exceed the
standards set forth in the code, the team is confident that the following design strategies meet this higher threshold:
1. LEED Certified Project: Understanding the importance to promote awareness of sustainable design
practices in the Bozeman community, Safeway will commit to registering both structures with US Green
Building Council, and endeavors to achieve at a minimum LEED Certified Status for both buildings. Related to
the LEED Application, the team commits to the following design approaches:
Sustainability:
Practices to include are a reduction of storm water run-off from pre-development condition, the use of non-
CFC refrigerants, utilizing sustainable plant species to minimize water consumption. Waterless urinals and
dual flush toilets will be used in restrooms saving up to 22,000 gallons of water per year. By using the
demolished buildings’ material to be used as structural fill, situating building pad elevations to allow for a
more “balanced” site, we will be able to minimize cut and fill. Safeway has selected Protocol refrigeration
systems which reduce the refrigerant charge by up to 55% and leak rates of up to 87% compared to
conventional systems.
Energy Efficiency:
The proposed store will be 38% larger than existing, yet will use almost 50% less energy. This represents a
reduction in its carbon footprint by 2.3 million pounds of CO2. (The equivalent of taking 216 cars off the road
for one year) Exterior signage will be LED illuminated reducing energy consumption by 80% and will eliminate
sending transformers and fluorescent tubes to landfills. New energy efficient lamps for the interior spaces
are at 24% below code allowable wattage usage. In conclusion, Safeway looks forward to receiving your
comments on this design package and is hopeful that with this feedback, this project stands on solid footing
leading to a formal Site Plan Application.
2. Enhanced Landscape Design: As described in the preceding sections, site landscaping has been richly
integrated into the overall design, resulting in a site appearance and character that will provide greater long
term benefit to the community than called for in the code. While 23 landscape points are required for this
project, this standard has been more than doubled with a total of 52 points.
3. Enhanced outdoor spaces and pedestrian plazas: While the code requires strong pedestrian connections to
the right of way, and encourages outdoor plazas, the proposed design further celebrates the pedestrian
experience by creating three distinct plazas areas which have been enhanced through site lighting and
landscaping.
4. Bicycle parking: Safeway will promote the use of bicycles by providing nearly 50% more stalls than required
by code. 22 Bicycle stalls required, 32 provided.
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $100.00
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: SAFEWAY – Store #2999
2. Property Owner Information:
Name: D&G Investments LLLP E-mail Address: dgkn@montanadsl.net
Mailing Address: 7406-B Shedhorn Dr., Bozeman, Mt. 59718-8172
Phone: 406) 539-7240 FAX: 480) 767-8967
3. Applicant Information:
Name: Jeff Parker - Safeway Inc -Manager, Real Estate Dept. E-mail Address: jeff.parker@safeway.com
Mailing Address: 1121 - 124th Ave. NE, Bellevue, WA 98005-0990
Phone: (425) 201-6388 FAX: (425) 637-2220
4. Representative Information:
Name: Morrison-Maierle, Inc E-mail Address: mekstrom@m-m.net
Mailing Address: 2880 Tech. Blvd. West
Phone: (406)431-5819 FAX: (406)922-6702
5. Legal Description: NW 1/4 Quarter of Section 12, T2S, R5E, Gallatin County Montana
6. Street Address: NE Corner of the Intersection of N19th and W. Main St.
7. Project Description: SAFEWAY
8. Zoning Designation(s): B-2 9. Current Land Use(s): B-2 - Old Ressler Auto Site
10. Bozeman Community Plan Designation: Community Commercial Mixed Use
11. Gross Area: Acres: 6.132 Square Feet: 267,110 12. Net Area: Acres: 6.132 Square Feet: 267,110
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Page 2
(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07)
13. Is the subject site within an urban renewal district? Yes, answer question 13a X No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? X Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation X Entryway Corridor
15. Will this application require a deviation(s)? X Yes, list UDO section(s): See Project Deviation Section No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
X H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit X Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property
owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process
(Section 18.64.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
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NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
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Vacancy Mitigation Procedures for Safeway Inc. ("Safeway Store #2999") Building
In the event that the Safeway Store #2999 building planned for Lot 1 of the amended
subdivision plat of tracts A and B, being a portion of Block 1 of Kirk’s Second
Subdivision, Plat No. F-37-C, and lot B-1 of amended plat No. F-37-D, Located in the
northwest ¼ of section 12, township 2 south, range 5 east, PMM, Gallatin County, at any
time (or times) after its initial occupation be permanently vacated by any occupant, the owner or
owners or occupant thereof (as appropriate) shall implement the following building vacancy
mitigation procedures:
1. The exterior of the building, associated parking lot and private drive, storm water system,
outside lighting, landscaping and irrigation system shall continue to be maintained,
secured, repaired or replaced in the same manner as when the building was occupied.
2. All exterior business signs shall be removed and exterior building surfaces shall be
repaired to provide a neat appearance within 90 days after the property becomes
vacant.
3. Trash and litter shall be removed on a regular basis as necessary.
4. Should the building be permanently vacated by any occupant for a period longer than 6
months for any reason other than fire or some other casualty or a force majeure event,
or alterations, remodeling, additions and/or similar construction activities, then the owner
or owners or occupant of the building (as appropriate) shall thereafter implement with
reasonable dispatch commercially reasonable efforts which are designed to cause the
building to be reoccupied and devoted to any use or uses permitted in the B-2,
Commercial Zoning District.
5. The owners of the building will look for a buyer, lessee or user that desires the entire
building and/or a buyer, lessee or user that desires to demise the building for multi-
tenant reuse for a use or uses that is/are compatible with the B-2, Commercial Zoning
District. The Safeway Store #2999 building is of such a design and character that it may
be demised into multiple functioning building units. Any possible future demising of the
space will require modifications to portions of the heating, lighting, ventilation and fire
sprinkler system components to adapt the building to reuse. These modifications and
adaptations are subject to building permit approval at the time of building reuse.
6. The Safeway Store #2999 property shall be used for retail and service functions and
other uses allowed in the B-2, Commercial Zoning District, including but not limited to
the uses listed in Bozeman Unified Development Ordinance, Chapter 18.18, Table
18-1.
7. If at some future time the owner of the building to be constructed on the Safeway
Store #2999 property elects to demolish this building, the City of Bozeman through
the site plan review process in force at that time, may approve an amended site plan
which might accommodate multiple tenants or multiple buildings, subject however to
the limitations set forth under the City of Bozeman’s development guidelines in effect
at the time such approval is sought.
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Deviation Request - Parking Allowed
Safeway #2999 Bozeman
September 8, 2010
The applicant (Safeway) hereby requests a Deviation for this project as defined in the following section:
18.30.080 DEVIATION FROM OVERLAY OR UNDERLYING REQUIREMENTS
B. The application for deviation shall be subject to the submittal and procedural requirements of Chapters 18.34
and 18.78, BMC. The application shall be accompanied by written and graphic material sufficient to illustrate the
initial and final conditions that the modified standards will produce. The City Commission shall make a
determination that the deviation will produce an environment, landscape quality and character superior to that
produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and
with the adopted Design Objectives Plan for the particular entryway corridor. Upon such a finding, the City
Commission may authorize deviations of up to 20 percent beyond or below minimum or maximum
standards respectively, as established in the underlying zoning district regulations. If the City Commission does not
find that the proposed modified standards create an environment, landscape quality and character superior to
that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter,
and with the adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be granted.
Request for Deviation from BMC 18.46.040.B. – Required Parking
Table 46-3
Use Type: Retail store and service establishments
Off-Street Parking Spaces required: 1 space per 300 sf floor area.
Floor Area per BMC 18.46.010.A.1: 62,803 X .85 = 53,383sf
Table 46-3: 53,383sf/300= 177.94 ~ 178 stalls required
Per Bozeman Design Objectives Plan, Ch 3 J.1: ”… for major site developments, parking supply shall not exceed the
minimum requirements, unless provided in structured parking”
Parking Proposed under Deviation: 178 x 1.20 = 213.6 ~ 214 stalls proposed
Deviation Request Supporting Information
Since the granting of this deviation request is critical to the viability of this project, the Safeway design team
made significant efforts to ensure that by granting this deviation there is no question that the environment,
landscape quality and character of this project is superior to that produced by existing codes and standards.
In granting this deviation, the following above-code design strategies will be employed:
1. LEED Certified Project: Understanding the importance to promote awareness of sustainable design
practices in the Bozeman community, Safeway will commit to registering both structures with US Green
Building Council, and endeavors to achieve at a minimum LEED Certified Status for both buildings.
Related to the LEED Application, the team commits to the following design approaches:
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Deviation Request - Parking Allowed
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Sustainability:
Practices to include are a reduction of storm water run-off from pre-development condition, the use of
non-CFC refrigerants, utilizing sustainable plant species to minimize water consumption. Waterless urinals
and dual flush toilets will be used in restrooms saving up to 22,000 gallons of water per year. By using the
demolished buildings’ material to be used as structural fill, situating building pad elevations to allow for a
more “balanced” site, we will be able to minimize cut and fill. Safeway has selected Protocol refrigeration
systems which reduce the refrigerant charge by up to 55% and leak rates of up to 87% compared to
conventional systems.
Energy Efficiency:
The proposed store will be 38% larger than existing, yet will use almost 50% less energy. This represents a
reduction in its carbon footprint by 2.3 million pounds of CO2. (The equivalent of taking 216 cars off the
road for one year) Exterior signage will be LED illuminated reducing energy consumption by 80% and will
eliminate sending transformers and fluorescent tubes to landfills. New energy efficient lamps for the
interior spaces are at 24% below code allowable wattage usage. In conclusion, Safeway looks forward to
receiving your comments on this design package and is hopeful that with this feedback, this project stands
on solid footing leading to a formal Site Plan Application.
2. Enhanced Landscape Design: As described in the Project Narrative, site landscaping has been richly
integrated into the overall design, resulting in a site appearance and character that will provide greater
long term benefit to the community than called for in the code. While 23 landscape points are required
for this project, this standard has been more than doubled with a total of 52 points.
3. Enhanced outdoor spaces and pedestrian plazas: While the code requires strong pedestrian connections
to the right of way, and encourages outdoor plazas, the proposed design further celebrates the
pedestrian experience by creating three distinct plazas areas which have been enhanced through site
lighting and landscaping.
4. Bicycle parking: Safeway will promote the use of bicycles by providing nearly 50% more stalls than
required by code. 22 Bicycle stalls required, 32 provided.
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Deviation Requests – Access Spacing Standards
Safeway #2999 Bozeman
September 8, 2010
The applicant (Safeway) hereby requests Deviations for this project as identified in the
following paragraphs.
18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
A. In considering applications for site plan approval under this title, the Planning Director,
Board of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or
WRB shall consider the following:
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
Request for Deviations from Section 18.44.090.D.3
3. Standards for Development Approved after July 10, 2002. This section shall apply to all
development receiving preliminary approval after July 10, 2002. These standards apply to the
minimum distance between public and/or private accesses and intersections, and the
minimum distance between public and/or private accesses and other public and/or private
accesses.
Table 44-3
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial Access1 315’ 150’ 40’3
Full Access2 660’ 330’ 40’3
Minimum Separation 315’ 150’ 40’3
1Partial access includes right turn in and out only.
2Full access allows all turn movements, in and out.
3Accesses on local streets shall be at least 150 feet from an intersection with an arterial.
A Traffic Impact Study (TIS) is included with the Safeway Preliminary Site Plan Application. The TIS
was performed to summarize the potential impacts from the proposed Safeway store in Bozeman.
The study presents information intended to evaluate the safety and operational aspects of the
transportation system in the area for existing and anticipated conditions with the opening of a
Safeway store at the northeast corner of the intersection of West Main Street and 19th Avenue.
All of the existing accesses to the site do not meet the minimum spacing standards set forth in
Bozeman Unified Development Ordinance (UDO) Section 18.44.090.D.3. The included TIS and the
following information provided will outline the supporting information for granting of a deviation
requests from the strict interpretation of this section of the UDO.
West Main Street Full Access Approach
Separation from West Main Street and
19th Avenue Signalized Intersection = ± 448 feet (<660 feet required)
Separation from Nearest Access to the West = ± 108 feet (<315 feet required)
Separation from Nearest Access to the East = ± 105 feet (<315 feet required)
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Deviation Request Supporting Information
1. The full access on West Main Street for the proposed Safeway store is an existing full
access approach that previously served Ressler Automotive.
2. Evaluation of reported crashes at the access location did not find a significant number of
reported crashes involving traffic between vehicles exiting or entering the site access
and eastbound or westbound vehicles on West Main Street based on traffic intensity
when Ressler Automotive occupied the site at the proposed Safeway store.
3. Restricting access at the approach is estimated to have adverse effects on the
operations of southbound left turns at the intersection of West Main Street and 19th
Avenue.
West Main Street Partial Access Approach
Separation from West Main Street and
19th Avenue Signalized Intersection = ± 295 feet (<660 feet required)
Separation from Nearest Access to the West = ± 162 feet (<315 feet required)
Separation from Nearest Access to the East = ± 108 feet (<315 feet required)
Deviation Request Supporting Information
1. The partial access on West Main Street for the proposed Safeway store is an existing
partial access approach that previously served Ressler Automotive.
2. Evaluation of reported crashes at the access location did not find a significant number of
reported crashes involving traffic between vehicles exiting or entering the site access
and westbound vehicles on West Main Street based on traffic intensity when Ressler
Automotive occupied the site at the proposed Safeway store.
3. Intersection capacity and level of service analyses indicate the access would operate
within acceptable levels of service throughout the design period.
North 19th Avenue Partial Access Approach
Separation from West Main Street and
19th Avenue Signalized Intersection = ± 170 feet (<315 feet required)
Separation from Nearest Access to the South = ± 60 feet (<315 feet required)
Separation from Nearest Access to the North = ± 244 feet (<315 feet required)
Deviation Request Supporting Information
1. The partial access on North 19th Avenue for the proposed Safeway store is an existing
partial access approach that previously served Ressler Automotive.
2. Evaluation of reported crashes at the access location did not find a significant number of
reported crashes involving traffic between vehicles exiting or entering the site access
and northbound vehicles on North 19th Avenue based on traffic intensity when Ressler
Automotive occupied the site at the proposed Safeway store.
3. Intersection capacity and level of service analyses indicate the access would operate
within acceptable levels of service throughout the design period.
North 19th Avenue Full Access Approach
Separation from West Main Street and
19th Avenue Signalized Intersection = ± 440 feet (<660 feet required)
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Separation from North 19th Avenue and
West Beall Street Signalized Intersection = ± 468 feet (<660 feet required)
Separation from Nearest Access to the South = ± 244 feet (<315 feet required)
Separation from Nearest Access to the North = ± 80 feet (<315 feet required)
Deviation Request Supporting Information
1. The full access on North 19th Avenue for the proposed Safeway store is an existing full
access approach that previously served Ressler Automotive.
2. Evaluation of reported crashes at the access location did not find a significant number of
reported crashes involving traffic between vehicles exiting or entering the site access
and northbound or southbound vehicles on North 19th Avenue based on traffic intensity
when Ressler Automotive occupied the site at the proposed Safeway store.
3. A deviation request was previously granted with the CVS/pharmacy master site plan for
continued full use of this existing full access approach to North 19th Avenue.
Please take the above reasons into consideration during the review of this application for the request
for a deviation from the strict interpretation of Section 18.44.090.D.3, BMC.
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Deviation Requests – Level of Service Standards
Safeway #2999 Bozeman
September 8, 2010
The applicant (Safeway) hereby requests Deviations for this project as identified in the
following paragraphs.
18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
A. In considering applications for site plan approval under this title, the Planning Director,
Board of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or
WRB shall consider the following:
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
Request for Deviations from Section 18.44.060.D – Level of Service Standards
18.44.060 STREET IMPROVEMENT STANDARDS
D. Level of Service Standards. Streets and intersection level of service “C” shall be the design and
operational objective. All arterial and collector streets shall operate at a minimum level of
service “C”. Level of Service (LOS) values shall be determined by using the methods defined by
the Highway Capacity Manual – 2000. A development shall be approved only if the LOS
requirements are met by the developer through mitigation measures. The design year for
necessary improvements shall be a minimum of fifteen years following construction of said
improvements. Movements on intersection approach legs designated arterial or collector
streets shall be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of “C” for the intersection
as a whole; individual movement and approach leg LOS lower than “C” shall be allowed
such that the total intersection LOS is “C” or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS of “C” for the
intersection as a whole for four-way stop controlled; individual movement and approach
leg LOS lower than “C” shall be allowed such that the total intersection LOS is a “C” or
higher;
3. Two-way stop-controlled (TWSC) intersections shall have a minimum acceptable LOS of
“C” or higher for the stop controlled, minor legs; and
4. An intersection with a roundabout shall have a minimum acceptable LOS of “C” or higher
for the intersection as a whole.
A Traffic Impact Study (TIS) is included with the Safeway Preliminary Site Plan Application. The TIS
was performed to summarize the potential impacts from the proposed Safeway store in Bozeman.
The study presents information intended to evaluate the safety and operational aspects of the
transportation system in the area for existing and anticipated conditions with the opening of a
Safeway store at the northeast corner of the intersection of West Main Street and 19th Avenue.
After analyzing the data for the intersection of West Main Street and 19th Avenue, it was
determined the existing signalized intersection level of service (LOS) does not meet the minimum
acceptable LOS of “C” for the intersection as a whole as listed in the Bozeman Unified Development
Ordinance (UDO) Section 18.44.060.D.1; therefore, mitigation of the intersection or a deviation from
mitigation is required. Safeway would like to request a deviation from mitigation to improve this
intersection to meet minimum LOS standards as identified in the UDO.
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The included TIS and the following information provided will outline the LOS standards and the
supporting information for granting of a deviation requests from the strict interpretation of this
section of the UDO.
West Main Street & 19th Avenue Signalized Intersection
Existing (2010) Weekday, PM Peak Hour LOS = E (56.6 seconds avg. delay per vehicle)
Existing (2010) Saturday, Midday Peak Hour LOS = D (40.6 seconds avg. delay per vehicle)
Estimated Weekday, PM Peak Hour LOS
with Completion of Safeway (2011) = E (60.6 seconds avg. delay per vehicle)
Estimated Saturday, Midday Peak Hour LOS
with Completion of Safeway (2011) = D (41.8 seconds avg. delay per vehicle)
Deviation Request Supporting Information
1. The intersection is currently operating at LOS E during the weekday PM peak hour and
LOS D during the Saturday midday peak hour without the addition of traffic from the
proposed Safeway development.
2. Improvements to level of service at this intersection can be achieved with modifications
to the existing signal timing and phasing – if approved by the Montana Department of
Transportation; however, weekday PM peak hour traffic would only experience an
increase in level of service from LOS E to D and Saturday midday peak hour traffic from
LOS D to C.
3. Safeway site traffic is estimated to comprise only a small portion of the traffic at this
intersection - ±5.3% (weekday PM peak hour) and ±7.3% (Saturday midday peak hour).
4. The addition of site traffic from Safeway is estimated to have limited impact on traffic
operations at the intersection of West Main Street and 19th Avenue. During the
weekday PM peak hour, it is estimated that Safeway would not cause a change in the
existing LOS and delay would only be increased by an average of approximately seven
percent (7%) or four (4) seconds per vehicle. Similarly, during the Saturday midday peak
hour Safeway again is not estimated to cause a change in the LOS at the intersection
and delay would only be increased by an average of approximately three percent (3%)
or 1.2 seconds per vehicle.
West Main Street & Site Full Access Approach Two-Way Stop Controlled Intersection
Estimated Weekday, PM Peak Hour LOS for
Southbound Site Approach with
Completion of Safeway (2011) = D (34.4 seconds avg. delay per vehicle)
Estimated Saturday, Midday Peak Hour LOS for
Southbound Site Approach with
Completion of Safeway (2011) = D (34.2 seconds avg. delay per vehicle)
Deviation Request Supporting Information
1. It is estimated that levels of service below LOS C would only occur during peak traffic
periods on West Main Street.
2. Levels of service below LOS C on minor street approaches are impacting private site
access approaches, not public right-of-way.
3. Signalization of this intersection is not an option due to its proximity to the intersection
of West Main Street and 19th Avenue.
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4. Separating left turns from through and right turn movements fails to improve the
estimated levels of service experienced on the private site access approaches.
5. Additional storage would be provided on site to allow for queuing of vehicles.
North 19th Avenue & Site Full Access Two-Way Stop Controlled Intersection
Estimated Weekday, PM Peak Hour LOS for
Westbound Site Approach with
Completion of Safeway (2011) = D (25.1 seconds avg. delay per vehicle)
Deviation Request Supporting Information
1. It is estimated that levels of service below LOS C would only occur during peak traffic
periods on North 19th Avenue.
2. Levels of service below LOS C on minor street approaches are impacting private site
access approaches, not public right-of-way.
3. Signalization of this intersection is not an option due to its proximity to the intersection
of West Main Street and 19th Avenue as well as the intersection of North 19th Avenue
and West Beall Street.
4. Separating left turns from through and right turn movements fails to improve the
estimated levels of service experienced on the private site access approaches.
Please take the above reasons into consideration during the review of this application for the request
for a deviation from the strict interpretation of Section 18.44.060.D, BMC.
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DESIGN REVIEW BOARD STAFF REPORT
SAFEWAY SITE PLAN/COA/DEV FILE NO. #Z-10239
#Z-10239 Safeway Site Plan/COA/DEV Staff Report 1
Item: A Site Plan Certificate of Appropriateness Application #Z-10239, to
allow the construction of a 57,944 square foot and a 2, 933 square foot
commercial retail buildings and related site improvements on
property that is located at 1735 West Main Street and is legally
described as Lot 1 and Lot B-1 of the Amended Plat of the Kirk
Second Subdivision, City of Bozeman, Gallatin County, Montana and
located within the Class II, West Main Street and N. 19th Avenue,
Entryway Corridor Overlay Districts.
Owner: D&G Investments LLLP
7406-B Shedhorn Dr.
Bozeman, MT 59781
Applicant: Safeway Inc.
Jeff Parker
1121 124th Avenue NE
Bellevue, WA 98005
Representative: Morrison –Maierle, Inc.
2880 Technology Blvd. West
Bozeman, MT 59718
Date: Design Review Board meeting on October 13, 2010, 5:30 pm in the
Professional Office Building, 20 East Olive Street, Bozeman,
Montana.
Report By: Brian Krueger, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject project is located at the Northeast corner of West Main Street and North 19th Avenue, but does
not include the small parcel directly at the corner of the intersection. The property lies within the West Main
Street and North 19th Avenue Class II Entryway Corridors.
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#Z-10239 Safeway Site Plan/COA/DEV Staff Report 2
PROPOSAL
This application for a Site Plan and Certificate of Appropriateness with Deviations would allow the
demolition of all buildings currently on site and the construction of two new commercial retail buildings
and associated site improvements. This property is the previous home of the Ressler automotive dealership
and is currently unoccupied.
The application requests two deviations to zoning ordinance: 1) to allow above the 100% maximum
parking requirement for major site developments, and 2) to encroach 2’ into the 25’ front yard setback
along West Main Street.
The primary commercial retail building on site is proposed to be 57,944 square feet in size, and as such
is classified Large Scale Retail per Section 18.40.180 BMC and subject to the standards outlined for this
specific type of use, in addition to all underlying zoning standards and the requirements of the Entryway
Corridor Overlay District.
This is a Site Plan and Certificate of Appropriateness with Deviations application. The recommendations
of both the Development Review Committee and the Design Review Board will be forwarded to the
City Commission for a final decision.
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. Retail uses over 40,000 square feet are
permitted as Retail and Large Scale Retail as principal uses in the B-2 district. The following land uses
and zoning are adjacent to the subject property:
North: Office and Multifamily Residential zoned B-2 (Community Business District) and
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R-3 (Residential Medium Density District)
South: Automotive Retail Sales (Bozeman Audi) zoned B-2
East: Retail (Hastings Shopping Center) zoned B-2
West: Current Automotive Retail Sales, Planned CVS Pharmacy Master Site Plan
Redevelopment (4 buildings) zoned B-2
ADOPTED GROWTH POLICY DESIGNATION
The Future Land Use Map of the Bozeman 2020 Community Plan designates the subject property to
develop as “Community Commercial Mixed Use”. The “Community Commercial” classification states
that activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as a
whole for their employee and customer base and are sized accordingly. A broad range of functions
including retail, education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with
significant transportation corridors, including transit and non-automotive routes, to facilitate efficient
travel opportunities. The density of development is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of
.5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban
streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are
anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided.
High density residential areas are expected in close proximity. Including residential units on sites within
this category, typically on upper floors, will facilitate the provision of services and opportunities to
persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve different
purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers
for an area of several square miles surrounding them. These are intended to service the larger
community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller
Community Commercial areas are usually in the 10-15 acre size range and are intended to provide
primarily local service to an area of approximately one-half mile radius. These commercial centers
support and help give identity to individual neighborhoods by providing a visible and distinctive focal
point.
They should typically be located on one or two quadrants of intersections of arterials and/or collectors.
Although a broad range of uses may be appropriate in both types of locations the size and scale is to be
smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be
overly dominated by any single land use. Higher intensity employment and residential uses are
encouraged in the core of the area or adjacent to significant streets and intersections. As needed,
building height transitions should be provided to be compatible with adjacent development.
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#Z-10239 Safeway Site Plan/COA/DEV Staff Report 4
REVIEW CRITERIA
SECTION 18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE
DEVELOPMENT GUIDELINES AND REQUIREMENTS:
18.40.180.C.5. Design Criteria and Development Standards: states that “…all development governed by
this section [large scale retail] shall exceed design criteria and development standards in Chapter
18.30, BMC Entryway Overlay District, including the general design objectives plan and guidelines
contained in the adopted or updated Design Objectives Plan, regardless of location or zoning district.
Said design criteria and development standards shall be exceeded through design practices such as
additional architectural detailing, exceptional landscape design, improved public spaces, use of
renewable energy and /or recycled construction materials and provisions for alternative modes of
transportation.”
Comments: The applicant has submitted (Section1.02 of the Binder) a sheet titled “Project Narrative”
including narrative information to address the above stated section of the “Large Scale Retail” portion
of the Code.
Overall, staff finds that the the applicant has addressed this issue satisfactorily. The narrative notes that
the project exceeds the standards with architectural detailing, bicycle parking, site furniture and lighting,
landscaping, pedestrian areas, and building materials. The narrative commits to register both buildings
with the US Green Building Council for LEED certification. The application lists numerous other
sustainability practices that will make the grocery store more energy and water efficient. The list of
sustainability practices will reduce the impact of the large store on the community and the superior
design practices will enhance the appearance and quality of the Entryway Corridor in this location. Staff
finds that in combination the proposal submitted exceeds the design and development standards
anticipated to satisfy the criterion for Large Scale Retail Uses.
Section 18.40.180.C.6. Adaptability for Reuse/Compartmentalization: states that “the building design
shall include specific elements for adaptation for multi-tenant reuse. Such elements may include but are
not limited to compartmentalized construction, including plumbing, electrical service, heating,
ventilation and air conditioning. The building design shall also allow for:
a. The interior subdivision of the structure into separate tenancies;
b. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of
the building;
c. Parking lot schemes shat are shared by establishments or are linked by safe and functional
pedestrian connections;
d. Landscaping schemes that complement multiple entrance design; and
e. Other elements of design which facilitate multi-tenant reuse of the building and site.”
Similarly tied to the above criteria is Section 18.40.180.D.1. that requires the applicant to submit a
“renewal plan” that will “afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure
or relocation by the original applicant.” This section then includes 4 criteria for evaluation.
Comments: The applicant has submitted (Section 1.05 of the Binder) a sheet titled “Vacancy Mitigation
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Procedures for Safeway Inc.” to address the above sections of the “Large Scale Retail” portion of the
Code.
Overall, staff finds the applicant’s plan in terms of adaptability and reuse satisfactory. In the future, if
the uses/buildings on the site are proposed for change, additional review by the City will be required to
accommodate those uses according to applicable codes in place at that time. With the overall
development layout being established by this site plan, acceptable internal modifications are possible to
accommodate future users.
As previously noted, “Large Scale Retail” requires that “all development…shall exceed design criteria
and development standards contained in Chapter 18.30, BMC Entryway Overlay District, including the
general design objectives plan and guidelines contained in the adopted or updated Design Objectives
Plan, regardless of location or zoning district.”
DESIGN OBJECTIVES PLAN -DOP
1. Neighborhood Design (pages 9-14 of the Design Objectives Plan )
A. Green Space: There are existing mature trees and shrubs on the site. The applicant plans to
retain and enhance those planting areas, where feasible. The landscape plan demonstrates
sixteen trees to be retained on site that exceed 6” diameter at breast height. The trees are
primarily in the setback areas. These yard setback areas will remain and will be significantly
enhanced with additional landscaping on all frontages. The stormwater system is planned to
include a large swale feature along the N. 19th Avenue frontage that is proposed to be
significantly enhanced as a site landscape feature to maximize this natural asset of the site. The
site stormwater systems character and landscape plans exceed minimum standards.
B. Auto Connections: Vehicular circulation is proposed with two egress/ingress points from North
19th Avenue and two from West Main Street. These access points are include one full access
and one restricted access (right in, right out), on along each arterial street. The northernmost
access along N. 19th Avenue is a shared access to the medical/office uses north of the shared
access. This shared access provided the only direct automobile access within or to an abutting
property. Due to building locations and the current development pattern there are not additional
opportunities to provide additional vehicular connection to adjacent property.
C. Pedestrian & Bicycle Connections: Connections to the residential development to the north,
the small medical/office complex to the northwest of the site and the Hastings Shopping Center
have been provided. The application proposes to construct two primary pedestrian entrances to
the site. The first is a major connection from N. 19th Avenue boulevard sidewalk into the site. It
includes pedestrian plazas and a large hardscaped way through the parking area, which provides
refuge and protection for pedestrians and serves to break the large parking field into to two
smaller parking areas. A second primary access is provided from West Main Street that includes
a high level of landscaping, seating, and lighting amenities. A large plaza/seasonal outdoor sales
area is provide along the entire lengths of the west and south facades of the building that
provides a waiting area and protected area for pedestrians. Colored concrete paving areas have
been provided to highlight intensive pedestrian areas on site. Bicycle connections are available
from North 19th Avenue and West Main Street. A bicycle parking area is located along the
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primary (west) façade of the building north of the main entrance to the building and along the
south façade near the coffee shop interior use. The bicycle parking provided exceeds minimum
standards.
D. Street Character: Street trees, lighting, sidewalks/paths, and outdoor furniture can all provide
continuity and sense of place at a pedestrian scale. The proposal includes a wide palette of high
quality, benches, street tree grates, site lighting, bollards, bicycle racks, and trash receptacles to
be utilized on site. The quality of the proposed site amenities is higher than that typically seen
for a site development and exceeds minimum standards. The street frontage landscaping and
parking lot screening along the streetscapes includes an extremely high level of landscaping
including diverse seasonal plantings, berms, boulders, bridges, that provides a very high level of
street character. Staff’s only concern in this regard is the proposed vinyl dipped chain link
fencing to be installed along the property boundaries with the Casino use at the corner of West
Main Street and N. 19th Avenue and the visible portion along the east elevation. Staff
recommends a condition that would require a higher quality and lower fencing in these locations.
2. Site Design (pages 15-36)
A. Natural Features: The site does not contain any existing significant natural features except for
an irrigation ditch swale directly east of the proposed grocery building. The existing character of
the ditch, directly adjacent to the service alleyway for Hastings Shopping Center does not
suggest focusing energy on this feature. This area is proposed to be landscaped concurrent with
this project.
B. Views: This project meets the height and other site requirements required in the B-2 District.
This is a developed urban area and little impact is anticipated to potential viewsheds. The
proposed top of the highest parapet for the grocery building is approximately 34’.
C. Cultural Resources: The site is fully developed, multiple buildings exist on site. The entire site
has been previously disturbed by construction. No cultural resources are anticipated on site.
D. Topography: The site slopes down from south to north. Fill will be required to place the
grocery building in the location proposed. In general the site has been designed to follow the
natural slope of the land in the vicinity.
E. Site Drainage: The site utilizes surface stormwater pond as an infiltration system. Due to the
existing site being covered with asphalt, buildings, and concrete, the City requirement to not
exceed the predevelopment conditions results in little additional onsite stormwater retention or
treatment. The storm control being provided though is high quality and integrated into the
landscape plan. In order to minimize pervious surfaces on site and to aid in the stormwater
management on site staff recommends a condition that a landscape island be provided in the
northern parking area proposed for snow storage. This area would allow the snow to be pushed
into this area to melt in place and percolate into the ground.
F. Building Placement: The proposed buildings are sited to more closely respect the setback
patterns of buildings constructed in the area. The application includes two buildings, the primary
Safeway grocery and a secondary two-tenant retail building along N. 19th Avenue. The two-
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tenant retail building is sited appropriately along N. 19th Avenue. The backside of the building
that faces 19th Avenue is designed to be transparent in nature, with high quality windows and
views into the building. The grocery building is placed to retain the full access driveway along
W. Main Street. In order to fully comply with the guidelines in the Design Objectives Plan this
drive access would be removed and the entire width of the proposed grocery would be brought to
the setback line. In lieu of doing that, the proposal does provide a building presence on the street
edge with a plaza seating area and transparent windows that provide views into the store in the
coffee shop, bakery and deli areas. The east side of the building projection along West Main
Street is depicted with window signage that exceeds the threshold for exempt window signage.
As such staff notes a condition that states that any window signage exceeding 25% of a window
would be considered wall signage. Window films depicting natural features or community
amenities would not be subject to signage regulations. Staff supports the alternative treatment of
this façade with that other than black spandrel glass and recommends the applicant retain the
treatment with alternative content other than commercial signage. The public edges of the site
include visual interest for pedestrian with windows, architectural building features, landscape
features, pedestrian amenities, unique site lighting, and seating. The plaza area along the south
façade of the building is sited with consideration to solar orientation to increase the seasonal use
of that area.
G. Outdoor Public Spaces: The proposed pedestrian entrances to the site and the plaza spaces
create outdoor focal points. The covered outdoor seating areas along the front (west) of the
building and at the southwest corner of the building include seating opportunities and outdoor
spaces for public interaction. An outdoor fire place is included in one area to extend the seasonal
use of these areas. These areas are anticipated to be actively used and will connect to major
building activities. The outdoor public spaces on site exceed minimum standards.
H. Pedestrian & Bicycle Circulation Systems: As stated in 1.C. above the proposal includes the
construction of two primary pedestrian entrances to the site. The first is a major connection from
N. 19th Avenue boulevard sidewalk into the site. It includes pedestrian plazas and a large
hardscaped way through the parking area, which provides refuge and protection for pedestrians
and serves to break the large parking field into to two smaller parking areas. A second primary
access is provided from West Main Street that includes a high level of landscaping, seating, and
lighting amenities. A large plaza/seasonal outdoor sales area is provide along the entire lengths
of the west and south facades of the building that provides a waiting area and protected area for
pedestrians. Colored concrete paving areas have been provided to highlight intensive pedestrian
areas on site. Convenient connections to adjacent development have been provided. Bicycle
connections are available from North 19th Avenue and West Main Street. A bicycle parking area
is located along the primary (west) façade of the building north of the main entrance to the
building and along the south façade near the coffee shop interior use. The bicycle parking
provided exceeds minimum standards.
I. Internal Automobile Circulation Systems: The site plan provides a coordinated and
continuous system of driveways to provide traffic follow as depicted. The proposal does not
eliminate any curb cuts. There are two curb cuts along the south side to West Main Street and in
very close proximity to an existing curb cut to the east for the Hastings Shopping Center. The
guidelines point to the removal of the easternmost curb cut at the south and the movement of the
building to the setback lines in this area. The widths of the internal driveways have been
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generally minimized with the exception of the parking area to the north. Staff recommends
conditions to require additional landscape islands and landscape buffers to minimize the pervious
area within this parking and circulation area.
J. Parking Lots: Based on required parking for this specific use 178 parking spaces are required.
The site plan proposes to construct 214 off street parking stalls and 7 accessible stalls. This
represents parking above the 100% maximum allowed within the DOP. In this specific case the
request requires a deviation, with the applicant requesting the maximum 20% above the standard.
Staff supports the deviation request due to the intensive landscaping on site, high outdoor site
amenity, quality architecture, and architectural features for the buildings that present an
environment that enhances the corridor. The parking areas are screened by berms and intensive
landscaping along the street frontages of N. 19th Avenue and West Main Street. A deviation is
requested to encroach two feet into the West Main Street setback for parking areas in order to
eliminate the need to line that frontage with compact parking stall signage. The additional to fee
will allow the parking spaces to satisfy the full depth required by code and eliminate the need to
classify the parking as compact. Staff finds this deviation appropriate with consideration to the
high quality streetscape and landscape design presented with the application. The parking field
is bisected into smaller areas by a 13’ wide pedestrian walkway through the parking area. A
shared drive is used to access parking areas for this site and for the medical/office buildings to
the north of the site. Staff recommends conditions to require additional landscape islands and
landscape buffers to minimize the pervious area within this northernmost parking and circulation
area. In order to minimize pervious surfaces on site and to aid in the stormwater management on
site staff also recommends a condition that a landscape island be provided in the northern
parking area proposed for snow storage.
K. Site Lighting: The site lighting for the site will be required to meet the standards in Section
18.42.150. A final lighting plan will be required with the final site plan application. The light
poles and luminaries proposed for site lighting appear to meet cut-off standards and are of high
quality design that will complement the building architecture. The lighting provided is scaled for
both automobiles and pedestrians. Staff recommends a condition that the applicant shall develop
a security lighting plan for the site as part of the final site plan submittal detailing which lights
are proposed to be left on between the hours of 11 pm and 6 am for security purposes (otherwise,
code requires all lighting to be turned off between said hours).
L. Utilities & Service Areas: A trash compactor is included adjacent to the truck loading and
service entrance to the building. It is proposed along the north side of the building away from
views from public streets. The drive aisle in this location will function as a service lane. As
such pedestrian traffic in this area is minimized. A large screen wall and residential buffer
landscaping will help screen this area from public views.
M. Landscape Design: As stated in 1.A above there are existing mature trees and shrubs on the
site. The applicant plans to retain and enhance those planting areas, where feasible. The
landscape plan demonstrates sixteen trees to be retained on site that exceed 6” diameter at breast
height. The landscape design palette is diverse, includes seasonal interest, and is of the highest
quality. The plan exceeds the minimum 23 performance points required. The landscape
architect notes that 52 points were achieved on site. The plan should be commended for a high
level of interest, perennial plantings, and no-mow turf. A large landscape planter has been
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provided at the south elevation of the building that will add significant visual interest to that
street facing façade.
N. Buffers: A code provision requires all mechanical equipment locations and screening methods to
be shown on the final plans and buildings elevations, and that they be properly screened with
physical/opaque screening and/or be integrated into the building. This includes all air exchange
systems, telephone, electric panels/meters, gas meters, irrigation controllers, and storm water
facilities. Ground mounted mechanical equipment, including air exchange equipment and
irrigation wells, are not permitted in the required yard setbacks must be noted on the site plan
and landscape plan if proposed.
3. Building Design (pages 37-48):
A. Building & Topography- The building does follow the general lay of the land as suggested.
B. Building Character- The guidelines for building character for “All Corridors” strongly
discourages franchise architecture. The submittal does not present franchise architecture, but
honors the community’s urban design traditions. The building materials are of high quality and
are consistent with the general character of the Entryway Corridor in that location. The site will
complement and enhance the proposed CVS Master Site Plan development proposed for the
northwest corner of the West Main Street/ North 19th Avenue intersection.
C. Primary Building Entrance- The primary entrance for both buildings front onto a large
pedestrian ways and plazas that connects the site together and to the public ways. The primary
building entrances are clearly identifiable.
D. Street Level Interest- The buildings include interesting details and high quality materials. They
do not present a “backside” to neighboring properties and no large expanse of blank walls are
proposed.
E. Building Mass & Scale- The proposed building is approximately 300’ x 110’ in foot print and is
approximately 34’ in height. The maximum height in the B-2 district is 38’ with a shallow pitch
or flat roof. The guidelines state that in general a primary façade plane should not exceed 100
feet in length, and if it does it should be divided into subordinate elements. The facades are
divided into separate elements by small jogs in the façade plane. The building does change
materials and colors with each building module, but does not conform to the requirement to
change the height of a wall plane or building module by at least 20% of the vertical height. The
street facing facades are more articulated than the north and east elevations.
F. Roof Form- The primary roof form is a flat roof with parapet walls. The guidelines require that
all roof forms incorporate two features from the list on page 45 of the Design Objectives Plan.
This building as proposed provides two features from this list and is generally appropriate.
G. Building Materials- The materials proposed include a combination of structural brick, face
brick, EFIS, steel panels, and others. As proposed, the palette of materials is generally consistent
with the DOP and acceptable in this location.
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H. Building Complex- The two building proposed are coordinated in design, materials, and
detailing.
I. Service Canopies- Not applicable. The policy is specific to gas station canopy design.
J. Color- The guidelines recommend muted earth tones with bolder colors used primarily for
accent only. The color palette is acceptable.
K. Utilities & Mechanical Equipment- The UDO and the Design Objectives Plan require all
mechanical equipment to be screened from view. The elevations depict roof top mechanical
equipment screened by the parapet wall. Wall mounted utility service entrances are not
identified in size or with any screening details. These details are required to be shown on the
final site plan and final elevations with any applicable screening details proposed. An exhibit
was submitted with the site plan that demonstrates that all roof top units will be screened by the
parapet wall of the building as seen from the West Main Street right-of-way.
4. Sign Design (pages 49-56)
The signage proposed is of individual channel letters and small logo elements lit by interior led
lighting. In general the sign designs proposed are consistent with the guidelines. The signage
appears to be high quality and consistent in design. A comprehensive signage plan will need to be
developed for the retail building along n. 19th Avenue to assure design compatibility of all signs on
site.
5. Corridor Specific Guidelines
West Main Street (Pages 63-68):
• The vision for development of the W. Main Corridor is that it have a strip of green (25’setback),
landscaped open space along the roadway and then, an edge of buildings generally defining the
inside edge of the greensward.
• Building shall present facades to the public walk that are visually interesting. They may include
display cases, storefronts, public art and other decorative features that provide visual interest and
establish a sense of human scale.
• The goal is to encourage more buildings to be constructed to the minimum setback. Parking
should be primarily located to the interior of the property.
• Internal driveway systems should permit circulation between properties without returning to the
highway.
• Page 68—See illustration.
Staff finds that these guidelines are generally met with this proposal.
RECOMMENDED CONDITIONS OF APPROVAL
1. A landscape island shall be provided in the northern parking area in the area proposed for snow
storage.
2. Additional landscape areas shall be provided to reduce the width of the 50’ wide north/south
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circulation aisle in the northern parking area.
3. All proposed fencing visible from public ways shall either be of an alternative design more closely
related to the building architecture and minimized in height.
4. The applicant shall develop a security lighting plan for each site as part of the final site plan
submittal detailing which lights are proposed to be left on between the hours of 11 pm and 6 am or
during operating business hours for security purposes (otherwise, code requires all lighting to be
turned off between said hours).
CONCLUSION/RECOMMENDATION
Staff suggests a recommendation of conditional approval of the requested Site Plan /COA/DEV
application #Z-10239 from the DRB to the City Commission. The applicant must comply will all
applicable conditions of approval as recommended by the DRB and Development Review Committee
(DRC). The applicant must comply with all other provisions of the Bozeman Unified Development
Ordinance, which are applicable to this project prior to receiving Final Site Plan or Building Permit
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.
NOTE: The recommendations of the Design Review Board and Development Review Committee
will be forwarded to the City Commission who will make the final decision regarding this project.
Encl: Applicant’s submittal materials
Sent To: D & G Investments LLLP 7406 Shedhorn Dr. Bozeman, MT 59718
Safeway, Inc. Jeff Parker Safeway 1121 124th Avenue NE Bellevue, WA 98005
Morrison-Maierle Inc. 2880 Technology Boulevard West Bozeman, MT 59718
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DESIGN REVIEW BOARD
WEDNESDAY, OCTOBER 13, 2010
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pro Tem Rea called the meeting of the Design Review Board to order at 5:37 p.m. in
the upstairs conference room of the Alfred Stiff Professional Building, 20 East Olive Street,
Bozeman, Montana and directed the secretary to record the attendance.
Members Present Staff Present
Bill Rea Brian Krueger, Associate Planner
Scott Bechtle Tim McHarg, Planning Director
Tara Hastie, Recording Secretary
Visitors Present
Carson Taylor
Rebecca Pape
Kevin Kelleher
Jim Ullman
Keith Scott
Shi Ki Liu
Mike Clutter
Darren Schroeder
Jeff Parker
Stan Griswold
Susan Swimley
ITEM 2. MINUTES OF SEPTEMBER 22, 2010
Opened and continued to next meeting of the DRB.
ITEM 3. PROJECT REVIEW
1. Kohl’s SP/COA FSP #Z-10192 (Krueger)
945 South 29th Avenue
* A Final Site Plan Application to allow the construction of a 55,363 square foot
retail building with related site improvements.
Jim Ullman, Susan Swimley, and Keith Scott joined the DRB. Associate Planner Brian Krueger
presented the Staff Report noting the DRB had provided a formal recommendation for the project. He
stated the Commission had preliminarily approved the application with modified conditions of approval.
He stated the condition of approval requiring DRB review and approval of the Final Site Plan had been
maintained. He stated he had provided the DRB with Staff comments on the proposed Final Site Plan and
added that any item under the purview of the Board could be discussed. He reiterated conditions from
preliminary site plan approval and noted some of the conditions of approval had been slightly modified.
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He stated an affidavit had been received from Kohl’s regarding sustainability features. He stated the
incorporation of additional landscape features had been required and the application reflected the
installation of those features; raised planters, wider planting beds, seating, and architectural features had
been added. He stated the pedestrian pathway along the west side of the building had been removed. He
stated Staff had anticipated the curb walk would be located in a certain area and the plaza area would be
relocated. Mr. Ullman explained that the curb walk had been relocated to the west to provide opportunity
to install another seating area along the west side of the north-south trail. Ms. Swimley added the feature
had been relocated northwest instead of just directly west. Planner Krueger stated Staff felt the condition
of approval had been met with the proposed relocation of the curb walk.
Planner Krueger stated the mechanical equipment screening detail requirement was a standard condition
of approval. He stated the security lighting condition of approval had been met and hours of operation
had been included. He stated condition of approval #9 required subdivision exemptions to modify the
underlying lots. He stated Staff had received a revised improvements agreement and a financial
guarantee; he noted it was not irregular to be without finalized documents until the very end of the review
process and copies of the drafts had been provided. He stated the phasing plan along with the
construction management plan were required to provide a rendering of the open space improvements to
be completed with the construction of the Kohl’s building; Staff was anticipating a revised exhibit
depicting the completion of open space #6 and noted everything else was in conformance with the
phasing of the open space improvements. He stated the construction management plan had been
submitted and Staff had noted drainage improvements had not been depicted on the plan and it would
need to be revised. He stated weed management had been addressed with a notation in the application
and a barrier fencing detail had been included; he added Staff was supportive of the proposed fencing
detail but would require a revised plan to depict where the fence would be installed. He stated the
northernmost drive aisle had been removed per DRB recommendation. He stated there were fairly minor
issues outstanding that would require revisions from the applicant and noted Staff was supportive of the
proposal as submitted.
Ms. Swimley stated condition #6 regarding the mechanical equipment screening and noted their concern
was that the mechanical equipment could only be seen if the roof was level and was set back 40 feet on
the roof. She stated she appreciated Planner Krueger’s hard work on the proposal to help maintain other
deadlines. She stated she anticipated some of the landscaping would be completed under the
improvements agreement requirements and they would clarify it however Staff wanted them to. She
stated the condition of approval dictated where the fence had to be located which was why a fence detail
instead of a rendering of the fence’s location had been submitted. She stated the applicant agreed to most
conditions of approval and had considered those conditions of approval as met when they agreed to them.
Chairperson Pro Tem Rea stated condition of approval #6 regarding screening came up a lot during
project review; because of views from rooftops of buildings built in the future, there would be an
opportunity for those tenants to see the mechanical units. He stated in an elevation view, if the units
could be seen, the units should be screened to cover all bases. He stated he would like to see the
development phasing and construction plan noted as part of the Final Site Plan Application.
Mr. Bechtle stated the applicant might have trouble describing there might be a stock pile on the site
during construction and suggested Staff just wanted documentation that the site would be cleaned up after
the construction was completed. He stated the applicant should have an option available as a mechanism
to ensure that if the mechanical equipment is visible it could be screened without delaying the occupancy.
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Chairperson Pro Tem Rea asked if the elevations included any windows on the south elevation. Planner
Krueger responded there were not. Chairperson Pro Tem Rea asked if there were any windows proposed
for the west or east elevations. Planner Krueger responded there were not. Chairperson Pro Tem Rea
asked if Technology Boulevard West would still be considered a primary street through the development.
Mr. Ullman responded it was a primary street when related to the overall PUD. Chairperson Pro Tem Rea
asked for clarification of the tile material proposed. Mr. Ullman responded it was a black porcelain metal
panel. Planner Krueger provided the material sample for the DRB to review.
Chairperson Pro Tem Rea stated he was concerned with the proposal’s lack of windows though he
understood the lack of windows on the south facade. He stated the east and west elevations included no
windows but included fake windows; he was concerned that the elevations would be stark and dimly lit as
well as without human scale and noted it was the biggest stumbling block with the proposal. He stated he
didn’t know if spandrel glass wouldn’t be any better but he would like to see some sort of guarantee that
the spandrel glass would be maintained to prevent it from becoming evident that the windows were fake.
He stated he had other concerns such as the tilt up and paint panels due to the lack of texture and detail.
He stated he worried about the overburden and topsoil being left of the site as there was no guarantee the
building would be constructed in the near future and the elevation did not meet the Bozeman Gateway
Design Guidelines or the City of Bozeman Design Objectives Plan.
Mr. Bechtle stated he was concerned that the standard lick and stick stone would be used and suggested
the mass and scale of the building could be softened if the stone were varied. He stated he wasn’t
concerned with the black panels and he liked the fact that textures were being used to break up the scale
and form. He stated he had never been a real fan of cultured stone under brick and suggested it would
feel better if the brick went all the way to the ground and banding was included to break up the face of the
building. He asked if the tilt up would be stained or painted. Mr. Ullman responded it would textured
paint. Mr. Bechtle suggested detail on the panel could break up the façade as well.
Chairperson Pro Tem Rea opened the item for public comment, seeing none forthcoming; the public
comment period was closed.
2. Safeway SP/COA/DEV #Z-10239 (Krueger)
1735 West Main Street
* A Site Plan Application with a Certificate of Appropriateness and a Deviation to
allow the construction of a 59,870 sq. ft. Safeway Grocery store with a Deviation
request to increase the allowable amount of parking by 20%.
Matt Ekstrom, Jeff Parker, Stan Griswold, and Darren Schroeder joined the DRB. Associate Planner
Brian Krueger presented the Staff Report noting the proposal was for formal review of the proposal after
reviewing two informal applications for the site. He stated the application was currently being reviewed
by the DRC and noted the DRB would provide informal recommendations. He stated the DRB members
not in attendance could provide written comment that would be forwarded to the Commission as public
comment. He noted the location of the property and that the parcel was irregularly shaped. He stated the
proposal was for two buildings; the Safeway building and a smaller retail structure. He stated four access
points had been proposed for the site including a shared access with the property to the north of the site.
He stated two deviations were being requested; to allow up to a 20% increase in parking and to allow a 2
foot encroachment into the setback along the south edge of the site. He stated Staff was supportive of the
deviation requests with Staff conditions of approval.
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Planner Krueger stated a well developed pedestrian system had been provided on the site and some cross
property pedestrian connections could be made in the future to the Hastings property as well as the
residential development to the north and to the medical office to the north of the site. He stated the
landscaping had been revised to exceed the minimum standards; the applicant had proposed an intensive
and high level detailed landscape plan to meet that requirement and noted Staff was very supportive of the
proposed plan. He stated plaza areas would be incorporated directly into the landscaping; he noted the
thoughtfulness put into the detailing would provide great amenities for the site and they would be used.
He stated the building elevations had been revised to provide a strong project from the perspective of the
architectural design and materials palette. He stated the rear of the building had been opened up with
corridor windows, spandrel glass, and signage on the east elevation. He stated Staff believed the
applicant had made a strong effort to break up the mass of the facades and Staff believed the proposal met
the guidelines for building composition. He stated the conditions of approval had been provided to the
Board with regard to the northern parking area and loading/service entrance; Staff had suggested a
formalized landscaped island in the snow removal location. He stated Staff had recommended that the 50
foot wide drive aisle next to the medical offices be reduced to minimize impervious surface. He stated
there were a couple areas where new fencing had been proposed and Staff was concerned with the
proposed black vinyl chain link fencing; the condition of approval indicated Staff would like to see the
fencing terminate behind the front façade of the building or transition to a higher quality material such as
tubular black steel. He stated a community focused theme could be instituted on the structure instead of
something directly related to the grocery use as it would be considered signage. He stated Staff had
discussed accepting the chain link as proposed if it was four feet in height to allow for separation of the
properties at the southwest corner of the site. He stated Staff envisioned that someday the corner parcel
would be redeveloped though they did not anticipate it would happen soon. He stated the security
lighting condition of approval had been included but minimization of lighting would be encouraged. He
stated the applicant had agreed to seek LEED certification as well as outlined electrical and water
conservation efforts within the building; based on the quality of the building and landscaping, Staff could
safely say the applicant was exceeding the minimum standards.
Mr. Parker stated the truck turn radius had been obtained and would be submitted to Staff. He stated
comments and recommendations had been incorporated in the formal submittal as best they could be and
they were very proud of the proposal. Mr. Schroeder presented the truck turn radius rendering. Mr.
Parker stated their intent was to use the easement, which would be provided for in an agreement, to allow
deliveries. Mr. Schroeder stated a sufficient radius had been provided for truck turning. Mr. Parker
added they thought the 50 foot would be a fair and safe width to allow for vehicular maneuverability. Mr.
Schroeder stated they agreed with terminating the fence on the same plane as the front façade of the
Hastings building; he added they would like to keep the fence proposed along the lot containing the
casino. Mr. Parker stated the snow removal area had been requested to be a landscaped area, but they
would prefer the area contain grass crete that would be flush to the parking lot. He stated a security plan
had been identified.
Mr. Bechtle stated he thought the applicant’s had done a really nice job with regard to the landscaping
though he questioned why the fences were needed at all. Mr. Parker responded the fencing was meant to
discourage patrons from cross use of the site and damaging of the landscaping; it would also detour
vandalism. Mr. Bechtle stated it was too bad those areas couldn’t be taken care of with landscaping; not
having the fence might improve the casino property. He asked why there was a four foot high rail
proposed on the corner. Mr. Schroeder responded there was a grade change and the railing had been
proposed to provide for security for the pedestrian. Mr. Bechtle stated the exterior plaza area to the south
was a nice place and suggested making the connection should be encouraged to creatively take advantage
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of the inside/outside plaza area. He stated the sunken fenced in area would make people feel less
comfortable. He stated he thought the grass crete would be a good idea for the snow removal area and
suggested the site was big enough that the snow might need to be removed from the site entirely. He
stated he liked what the applicant had done with the proposed elevations and stated the corner open
element would encourage pedestrian activity. He stated it would be interesting to see how many issues
would come up with a full access turn onto Main Street. Mr. Parker responded they had submitted a
traffic study that was supportive of the full access to both the City Engineering Department as well as
MDT. He stated he was looking forward to seeing the building.
Chairperson Pro Tem Rea asked if one landscape island being removed would solve the problem of the
turning radius. Mr. Schroeder responded they would investigate that option, but the truck would still need
to straighten out in the same location; it wouldn’t make it any easier to get into the dock. Chairperson Pro
Tem Rea stated he loved the idea of grass crete, but he could imagine the difficulties with regard to snow
plowing; he thought the snow removal area was in the right place and suggested the applicant investigate
other solutions. Chairperson Pro Tem Rea stated the University had done work on pervious pavement.
Mr. Parker responded the susceptibility to failure due to the weather variations had ruled out many of
those options; he suggested the grass crete could sit below the level of the pavement. Mr. Schroeder
presented the DRB with a detail for the grass crete. Planner Krueger noted the Design Objectives Plan
specifically indicated pervious materials be included in overflow parking areas. Chairperson Pro Tem
Rea stated he would be supportive of black, vinyl dipped PVC but not around the corner on the property;
there were a lot of opportunities to provide a higher aesthetic level fence quality though it would be more
expensive. Chairperson Pro Tem Rea asked if there had been discussion with the residential development
to the north to provide a pedestrian connection. Mr. Parker responded the development had respectfully
declined the connection and they would construct the trail to the property line to be available in the future.
Chairperson Pro Tem Rea stated he wished Elissa was here to appreciate the landscaping plan and
thanked the applicant’s for going through the informal review process initially. Mr. Bechtle asked if the
LEED certification would include day lighting. Mr. Schroeder responded they would not be seeking the
day lighting, but had agreed to certification; he added day lighting had been included in the bakery area.
Mr. Bechtle stated it seemed like more stores were using skylights. Shi Ki Liu stated the ambient lighting
would wash out the colors of the merchandise. Mr. Bechtle stated he thought it would look nice.
Chairperson Pro Tem Rea opened the item for public comment, seeing none forthcoming the public
comment period was closed.
ITEM 4. ELECTION OF OFFICERS
Opened and continued to the next meeting of the DRB.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review Board, not on
this agenda. Three-minute time limit per speaker.}
There was no public comment forthcoming.
ITEM 6. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 7:17 p.m.
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________________________________
Bill Rea, Chairperson Pro Tem
City of Bozeman Design Review Board
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Brian Krueger
From:Tara L. Hastie
Sent:Thursday, October 21, 2010 12:51 PM
To:Brian Krueger
Subject:FW: Comments
Tara Hastie, Administrative Assistant
City of Bozeman Planning Department
20 E. Olive St., P.O. Box 1230
Bozeman, MT 59715
ph. (406)582‐2260 fx. (406)582‐2263
From: Elissa Zavora [mailto:sweetpea@montana.net]
Sent: Thursday, October 21, 2010 12:46 PM
To: Tara L. Hastie
Cc: 'Rea, William'; 'Michael Pentecost'; 'Banziger, Walter'; 'Randy Wall'; 'Mark Hufstetler'
Subject: Comments
Let my try this again, I spent almost an hour typing this out last time, this time it will not be as well written because I only
have a few mintutes. Hopefully it is better than nothing.
Kohls
* nice to see shrubs added around the blgd on the East side.
* see that “colorful perennials” are called out in this area but concerned what will be planted. The perennials called out are
not colorful, using blooming perennials would be best
* the perennial palete would benefit from blooming perennials,, not just grasses and non flowering groundcovers
* Great selection of tree species, will give a year long display of color and texture
* Shrub palate is not diverse, they are all the same mature size, thus not giving much in the way of depth to planting, with
the exception of one shrub (see next comment)
* concerned with a few of the plants being called for because in my experience they do not thrive here. These are the
Frobel spirea and euoynumus fortunei. They will grow here but never look as good as they could. Mostly concerned with
the Frobel since it is the dominant shrub on the landscape.
* Since the North side is the main eneterance and is visible from Main Street it would have been nicer to see planting
enhancement that signified this as the main entrance. The pergola is good but I think that color and texture with plantings
would have been a more dramatic impact
* Like the exceptional plan of landscape along the path to the west. This will be a great feature and I can see it being used
frequently
* The berms and plantings on the South side where a future bldg will go is very appropriate. The plants called for can
easily be moved when the time comes
* The landscape along harmon Stream Ditch is well designed and will match nicely with the landascpe that already exists
in the development
* Would have liked to see more area for annuals or perennials. This theme is consistent with the rest of the landscaping in
the Gateway project and it seems as if it is missing with this application
Safeway
* Exceptional landscape that shows the willingness to hold themselves to a higher standard
* Appreciate the density that the parking lot islands are planted with
* Having such depth and diversity in these parking lot islands is a unique feature that I think will make the parking lot look
smaller than it actually is
* The perennials the are called for in the main middle parking lot isle will be a beautiful strong focus, I would love in the
future to see other developments use this design technique
* Not sure what the perennials will be in this area. The forbes called for on the plan are not overly colorful. I would
encourage the use of more drought tolerant native plants that have more color, such as yarrow and rudbeckia, other
species that I would suggest considering would be Russian sage and euphorbia and sedum
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* the tree selection is superb and will give four seasons of interest
* A few of the plants called for do not work well in our conditions and I would caution using them. These are the Oregon
grape and pachistima. These only work well when in protected areas. In the plan they are in open exposed areas and I
would worry about their vitality in this condition
The berm and sitting area along Main street is fabulous. I see this area being used by many people.
* driving into safeway from main street will be an exceptional welcoming entrance. I love that both sides of the drive
entrance are landscaped!
* The feature along N 19th is also a well designed landscape. This will nicely tie in with the landscape that will take place
across the street at CVS. When these two landscapes are complete I think it will be the nicest landscape in town.
* The landscape notes say that bare root is not allowed. I do not agree with this, if this happens in the spring months bare
root is a successful economical way to install a landscape. Our climate is very hospitable to planting bare root
* This is a high maintenance landscape and I would be very concerned with the upkeep of it. My concern is that if it is not
maintained to the high standard to which it is designed it will look ratty. Its probably too late but I would have liked to see a
condition that any plants that die should be replaced for the first three years. I look at the Walmart landscape which was
also a dense landscape and now there are very large bare areas where plants have dies and not been replaced. This just
breeds an area for weeds and ends up being large distraction to the otherwise well desgined and beautiful landscape
* My only disappointment was not seeing a “green wall” on the east side. This side will be very visible and provides the
perfect opportunity to be the first to bring a feature like this to town. It would generate much talk and publicity and could be
a great asset to an already phenomenal landscape.
Elissa Zavora
Sweet Pea's Nursery and Garden Center
406-539-1479
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