HomeMy WebLinkAboutSmith's Food and Drug Conditional Use Permit and Certificate of Appropriateness for automotive fuel sales
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Director
SUBJECT: #Z-13057 Smith’s Fueling Center conditional use permit and certificate of appropriateness for automotive fuel sales at 1735 W. Oak Street.
MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Action (Quasi-Judicial Item)
RECOMMENDATION: Approve application Z-13057 with conditions as recommended by
staff. RECOMMENDED MOTION: “Having reviewed the staff report and other submitted
materials, considered public comment, and all of the information presented, I hereby find the
Conditional Use Permit and certificate of appropriateness with the conditions and code
provisions as outlined in the staff report to conform to the municipal code and move to approve.” BACKGROUND: An application for a Conditional Use Permit and Certificate of
Appropriateness has been submitted to allow automotive fuel sales at 1735 W. Oak Street. The
project has been reviewed and staff recommends approval. No public comment has been
received. Conditions of approval begin on page 2 of the staff report. Code requirements begin on page 5 of the staff report.
UNRESOLVED ISSUES: None
ALTERNATIVES: Approve, approve with conditions or deny the application as submitted.
FISCAL EFFECTS: None
Attachments: Staff report
Application materials
Report compiled on: April 24, 2013
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City Commission Staff Report for Smith’s Fueling Center CUP/COA File #Z-13057
Item: A Conditional Use Permit Application to allow the construction of an automobile fuel sales
operation at 1735 West Oak Street, Bozeman, Montana.
Owner: Bridger Peaks LLC, 2750 Womble Rd, Ste 107, San Diego, CA 92106-6114
Applicant: Smith’s Food and Drug, 1550 South Redwood Rd, Salt Lake City, UT 84104
Representative: Great Basin Engineering South, 2010 North Redwood Road, Salt Lake City, UT 84113
Date: City Commission Meeting May 6, 2013 at 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Chris Saunders, Policy and Planning Manager
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The property is located at 1735 West Oak Street and legally described as Lot 1A-2, Bridger Peaks Town
Center Subdivision Phase 1, Section 1, T2S, R5E, City of Bozeman, Gallatin County, Montana. The
zoning designation for said property is B-2 (Community Business District). Please see the following vicinity map.
Proposal
The proposal includes the construction of freestanding fuel pumps, a sales kiosk, and canopy. There is an expansion area which is being reviewed and entitled with this permit. A certificate of appropriateness
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for the design of the building and signs is included with this permit. The project is located within the
Bridger Peaks Town Center PUD and the Oak Street entryway corridor.
On April 17, 2013 the Development Review Committee recommended conditional approval of this Conditional Use Permit application and their recommended conditions, code citations and comments are
included in this report.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee and Staff find that the
application, with conditions and code provisions, is in general compliance with the adopted Growth
Policy and the City of Bozeman Unified Development Code. The following conditions of approval are
recommended. Please note that these conditions are in addition to the required code provisions
beginning on page 5 of this report.
Recommended Conditions:
1. That the applicant upon submitting the Final Site Plan for approval by the Director and prior to
issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and
2. A copy of the State licenses for the establishment shall be submitted to the Department of
Planning & Community Development prior to the issuance of a building permit by the City of
Bozeman.
code provisions have been satisfied. The Final Site Plan application shall include seven sets of the drawings and other materials provided with the preliminary site plan with updates as required to address conditions and code requirements.
3. The right to operate a fueling station is revocable according to the provisions in BMC Sections 38.19.110.I and 38.34.160 based on substantiated complaints from the public or a regulatory
agency having subject matter jurisdiction regarding State, City or any other applicable law
regarding sale of fuel.
4. Any expansion of this use is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. The review of this application included those areas shown as expansion areas on Sheet C1.1 of the submittal. An expansion of the
canopy structure shall not be allowed until a Certificate of Appropriateness has been obtained for
the proposed construction.
5. The pallets shown on Sheet C1.1 shall be relocated to the north end of the fueling islands.
6. The vent risers in the landscaped area along Oak Street depicted on Sheet C1.1 shall be screened by evergreen vegetation from Oak Street. The vegetation shall be a minimum of four feet in
height at planting and not less than 8 feet in height at maturity. All screening shall be included on
the landscaping plan.
7. The siding material on the storage shed located north of the kiosk shall not be T-111. The depicted style of siding is acceptable but a more durable material is required.
8. Section 38.28.030 prohibits electronic signs. The final site plan shall include details on sign
construction and character to demonstrate compliance with this section.
9. Section 38.23.150 especially table 38.23.150-6 establish requirements for site lighting. The
required lighting details and photo metrics are not included with the submittal. The final site plan shall contain the information necessary to demonstrate compliance with site lighting standards
adjacent to residential property. This includes materials required in Section 38.41.060.A.18. The
lighting under the canopy shall be fully recessed into the canopy to minimize spill over light.
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10. A minimum of 10 feet clear distance shall be maintained between any storm sewer structure and
any water main.
11. Meter pits are not allowed within the City of Bozeman unless special approval is received from
the Water/Sewer Superintendent.
12. A backflow prevention device as approved by the Water/Sewer Superintendent shall be installed
with the proposed yard hydrant.
13. The FSP shall be adequately dimensioned.
14. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed
to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot
elevations), storm water detention/retention basin details (including basin sizing and discharge
calculations, and discharge structure details), storm water discharge destination, and a storm
water maintenance plan.
15. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form
and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water
Management Ordinance #1763. The SMP is independent of any other storm water permitting
required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water
Pollution Prevention Plan (SWPPP) if they are required for this development.
16. A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the subject
property.
17. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the applicant.
18. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
19. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall
be provided to and approved by the City Engineer. Concrete curbing shall be provided around
the entire new parking lot perimeter and adequately identified on the FSP.
20. All existing utility and other easements must be shown on the FSP.
21. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine
if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less
than 100' from State Waters. A copy of the Notice of Intent (NOI), the Storm Water
Pollution Prevention Plan (SWPPP), and the approval letter from the Montana
Department of Environmental Quality shall be submitted to the City.
Conclusion/Recommendation
The Development Review Committee and Staff have reviewed the Smith’s Fueling Center Conditional
Use Permit and recommends to the City Commission approval 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 this 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 Code,
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which are applicable to this project, prior to receiving Final Plan approval. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does
not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or State law.
Zoning Designation & Land Uses
The property is zoned B-2 (Community Business District). The intent of the B-2 community business
district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The following land uses
and zoning are adjacent to the subject property:
North: Retail, zoned “B-2”
South: Manufacture housing, unannexed property East: Apartments, zoned “B-2”
West: Retail Parking, zoned “B-2”
Adopted Growth Policy Designation
The property is designated as “Regional Commercial and Service” in the Bozeman Community Plan. Bozeman is a retail, education, health services, public administration, and tourism hub and provides
opportunities for these activities for a multi-county region. Often the scale of these services is larger
than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary
that these types of facilities be located in proximity to significant transportation routes. Since these are
large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of
uses which encourages a robust and broad activity level is to be provided. Residential space should not
be a primary use and should only be included as an accessory use above the first floor. Any development
within this category should have a well integrated transportation and open space network which
encourages pedestrian activity, and provides ready access within and to adjacent development.
Review Criteria & Staff findings
Section 18.34.1110 “Board of Adjustment Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria below, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity.
The Bridger Peaks Town Center Unit Development is an existing successful commercial business node.
The site is functioning without complaints and staff has not identified any public health and safety
issues. The project continues to be in compliance with the parking requirements for this proposal and
the existing uses on site. The site is in general conformance with the site plan approved with the original
PUD by the City Commission. The vicinity of the project is not expected to be impacted by the noise that may be generated from the outdoor seating areas and on premise alcohol consumption.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
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Staff has not received any public comment as of the writing of this report. Any public comment received
after the completion of the Commission packets will be distributed to the Commission members at the
public hearing.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence
presented at the public hearing proves otherwise.
3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls;
surfacing of parking areas; requiring street, service road or alley dedications and improvements
or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make
possible the development of the City in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are included to
protect the public health, safety, and general welfare. Please see the recommended conditions of
approval and findings within this report.
Section 18.34 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, Development Review Committee, and when appropriate, the Administrative Design
Review Staff, the Design Review Board or Wetland Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan including the
Regional Commercial and Services land use designation. Based upon the review of this specific site and context, the proposed uses and buildings are in conformance with the Regional and Commercial
Services land use classification.
2. Conformance to this title, including the cessation of any current violations Several code requirements have been identified as process corrections or procedural steps required to
complete the application process.
a. In Accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection
and if such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a
preventer and expansion tank installed. If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is
designed to provide adequate protection. Please call the Water Department’s Backflow specialist
@ 582‐3200 to arrange an inspection of the water service.
b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure. All special conditions and code provisions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns, shall be
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consented to in writing by the applicant prior to commencement of the use and shall be recorded
as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the
final site plan approval or commencement of the use. All of the conditions and code provisions
specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns.
c. Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site
for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is
granted; c. The use or development of the site is not begun within the time limits of the final site
plan approval in Section 38.19.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the review
and approval of a new conditional use permit application, or a determination by the Planning
Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be
appealed. If the Planning Director determines that the conditional use permit may be renewed
on a site then any conditions of approval of the original conditional use permit are also
renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be
a failure to maintain compliance the City may revoke the approval through the procedures
outlined in Section 38.34.160, BMC.
d. Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved.
e. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall
be incorporated into the roof form or screened in an enclosure and ground mounted equipment
shall be screened with walls, fencing or plant materials. The final plan shall contain a notation
f. Per Section 38.23.150, BMC, A detail for the bollard noted on Sheet C1.1 note 25 shall be provided to confirm compliance with lighting restrictions.
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.”
g. Per Section 38.23.170, BMC, The final site plan shall include a description and location of a site
trash enclosure during construction period as required.
h. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site
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.
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i. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
j. Per Section 38.39.030.A Private certification of installation of improvements prior to occupancy
and operation of the site. These certifications should be provided at least a week before the
Certificate of Occupancy issuance is desired. Please schedule work accordingly.
k. Per Section 38.41.100.C the landscape designer credentials included with the final site plan,
preferably on the landscaping sheet.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final 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 application is made for
a Building Permit if required. Some state issued permits are required for sale of automobile fuels. A
copy of the permits is required to be submitted before beginning of construction. This will ensure
compliance with requirements not administered by the City. The development is subject to impact fees which will be assessed and paid at the time of the building permit application and issuance per
2.06.1600-1700, BMC.
4. Relationship of site plan elements to conditions both on and off the property
The subject property is an outer lot in the Bridger Peaks Town Center (BPTC). The property access is
provided through recorded reciprocal parking and access easements as part of the original plat of the
development. The site has pedestrian access from the adjacent developed multi-use path. A connection
to the path will be provided with the project. The placement of the building is consistent with the
anticipated location with the original BPTC development. The canopy and associated site lighting is subject to the City’s lighting standards. As the adjacent development to the east is residential in nature
screening has been provided to block sound and light spillover. Lighting will be required to be recessed
into the canopy per the recommended conditions of approval. This will minimize glare. Venting of the
fuel tanks has been located to the far side of the site to minimize possible fume drift. Other fuel stations
in the community have been approved with similar venting configurations.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking is required as part of this application. Some parking which presently exists will
be reconfigured. The parking demand will likely be less than if developed as a traditional retail site as the primary sales point are the pumps which are also functionally parking spaces during the time of
purchase. Access to public roadways remains unchanged. Fuel truck circulation diagrams have been
included with the application and show function circulation will be provided.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
largely unchanged with a short connection to the adjacent multi-use pathway being provided. The site is considered a conforming plan.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
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space, and pedestrian areas, and the preservation or replacement of natural vegetation
Additional landscaping and screening will be provided to the east side to screen the adjacent residential
uses. Some reconfiguration of landscaping will occur with the proposed modifications to some existing parking lot islands. The proposal as submitted appears to generally conform to code requirements. Two
changes are required: first to provide some additional evergreen screening of the SW vent stacks as they
will be quite visible from the adjacent roadway; and second to provide the required professional
certification of the landscape designer.
8. Open space
No open space is required or proposed for this use.
9. Building location and height
The proposed building and height as depicted comply with adopted standards
10. Setbacks
The building as proposed complies and no changes that would impact setbacks are proposed.
11. Lighting
This application will relocate several existing light poles in the parking area. The light fixtures themselves will stay the same. The canopy will have lighting which is required by condition to be
recessed to minimize glare to the adjacent roadway and residential areas. A final lighting plan will be
provided showing lighting intensity with the final site plan.
12. Provisions for utilities, including efficient public services and facilities
New connections to the City’s water and sewer systems will be made for this project. Connection
location and configurations must conform to the City’s adopted standards.
13. Site surface drainage
No material changes to the site surface drainage are proposed. A common stormwater management
system was installed with initial construction of the BPTC.
14. Loading and unloading areas
The site plan depicts the circulation and loading area for the fuel delivery. No changes appear necessary
to what is shown.
15. Grading
Grading appears to conform to requirements.
16. Signage
Signage is requested as part of this application. The sign set as requested complies with the 135 square
feet of sign area allowed for the project. There was a question on the sign types provided and the
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applicant has supplemented their application to address the question. The additional information
indicates that the proposed signs will meet the City’s requirements regarding moving signs. No free
standing sign is allowed for this development. The original BPTC PUD aggregated all free standing sign
allowance in to defined locations to serve the entire development. All signs will be wall mounted. A formal sign permit is required before approval and installation of any specific signs. This application
provides the certificate of appropriateness for the sign review.
17. Screening
Screening is provided along the eastern side of the property to provide screening from the adjacent
residential area. The proposed screening is evergreen trees and aspens. The adjacent residential area is
not a primary entrance to the residences and is mostly parking space. The screening appears adequate.
Some additional screening of the SW vent stack set has been required to minimize visual disruption with
the vegetated character of the large setback along Oak Street which is part of the PUD open space for the Bridger Peaks Town Center. Staff notes a code provision that requires mechanical screening if
necessary. Mechanical screening is depicted on the top of the sales kiosk.
18. Overlay district provisions
The site is located within the Oak Street entryway overlay district. The site has been evaluated against
the relevant provision of the design objectives plan. The materials and colors used in the proposed
development are consistent with that for the BPTC. The internal circulation has been integrated with that
of the overall development. The project appears to conform to the requirements of the overlay district.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the
property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a
party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
This requirement was satisfied with the original Bridger Peaks Town Center development.
21. Compliance with Chapter 10, Article 8, BMC (Workforce Housing)
Not applicable
22. Phasing of Development An expansion area for the project is depicted on the preliminary plan. Review of impacts for all phases
is included with this review. No additional material impacts are expected from the future expansion.
Subsequent expansion will require a Certificate of Appropriateness and building permit for the physical alteration to the building.
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Attachments: Applicant’s Submittal Materials
Report Sent to:
Owner: Bridger Peaks LLC, 2750 Womble Rd, Ste 107, San Diego, CA 92106-6114
Applicant: Smith’s Food and Drug, 1550 South Redwood Rd, Salt Lake City, UT 84104
Representative: Great Basin Engineering South, 2010 North Redwood Road, Salt Lake City, UT 84113
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From:Jeff Randall
To:Chris Saunders
Subject:FW: Smiths #170 Bozeman MT signs
Date:Thursday, April 18, 2013 11:31:44 AM
Attachments:Price Signs.pdf
Chris –
Attached is some information on the price sign that Smiths is proposing on the canopy. Here is
some information on the sign:
· The numbers scroll to change and are static once changed.
· The numbers are internally illuminated.
· No animation
· No LED sign or lighting
· The numbers are controlled electronically to change the numbers.
I have reviewed the code and believe this sign meets the code requirements. Can you please review
this and confirm this sign meets your code? Thanks.
Jeff Randall
Dir. of Commercial Development
Great Basin Engineering South
2010 N. Redwood Road
Salt Lake City, UT 84116
v 801.521.8529 f 801.521.9551 c 801.403.6846
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