HomeMy WebLinkAboutTown Pump Conditional Use permit and Certificate of Appropriateness with Deviations and Variance
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: Town Pump #1 CUP/COA/DEV/VAR File #Z-13052
MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: That the City Commission approves Conditional Use Permit,
Certificate of Appropriateness, with Deviations, and Variance Application #Z-13052, to allow
the demolition of all structures on site and the construction of a 10,913 square foot convenience store with five fuel pumps with ten fuel dispensers and fueling locations in fuel pump island for auto fuel sales, and associated site improvements on property located at 803 E. Main Street.
RECOMMENDED VARIANCE MOTION: “Having reviewed the application materials,
considered public comment, and considered all of the information presented, I hereby
adopt the findings presented in the staff report for application #Z-13052 and move to approve the variance to Section 38.10.050.A.2 BMC to encroach 13 feet into the required minimum 25 foot front yard for parking and loading areas with conditions.”
RECOMMENDED PROJECT MOTION: “Having reviewed the application materials,
considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-13052 and move to approve the conditional use permit, certificate of appropriateness, with deviations, and variance application with conditions and subject to all applicable code provisions.”
BACKGROUND: This Conditional Use Permit (CUP) and Certificate or Appropriateness with
Deviations and Variance application involves a request to allow the demolition of all structures on site and the construction of a 10,913 square foot convenience store with five fuel pumps with ten fuel dispensers and fueling locations in fuel pump island for auto fuel sales, and associated
site improvements on property located at 803 E. Main Street. The site is the location of an
existing auto fuel sales facility. The expansion of the auto fuel sales use is allowed in the B-2
(Community Business District) zoning district with approval of a CUP by the City Commission.
Two deviations are being requested from the Bozeman Municipal Code as follows: Section 38.22.060.A.1 BMC Auto Repair and/or Fuel Sales – Deviation is requested to the maximum
stated height allowed for the fueling canopy of 18 ft. A 20% deviation is requested for a
proposed maximum fuel canopy height of 21.6 feet and Section 38.17.060.A.2.b BMC Setbacks
from the Entryway Corridor – A 20% deviation is requested to encroach 5 feet into the required 25 foot entryway corridor setback.
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A Variance is requested to Section 38.10.050 BMC to encroach into the required minimum 25
foot front yard for parking and loading areas required along North Broadway Avenue. The
request is to encroach 13 feet into the 25 foot yard requirement or 52%.
On April 10, 2013 the Development Review Committee recommended conditional approval of this CUP application and their recommended conditions and comments are included in the
attached staff report. The Design Review Board did not pass a motion for recommendation of
approval of the project. The meeting minutes from April 10, 2013 detail the discussion that led
to that vote and are attached to the staff report.
Staff report page reference: conditions of approval, page 2; conditional use permit criteria, page 5; code provisions, page 6; deviation criteria, page 14; and variance criteria, page 15
UNRESOLVED ISSUES: Site Access. The proposed vehicular access configuration serving
the project includes 1 full access onto East Main Street, and 1 partial and 1 full access onto North
Broadway Avenue, for a total of 3 accesses to the site. None of the proposed access locations
conform to the access separation standards of Table 38.24.090-3 BMC. A request to modify the separation standards was submitted with the proposal containing required information in Section
38.23.090.H BMC. City staff did not concur with the justifications provided by the applicant in
the modification request to allow for two access points on North Broadway Avenue and finds
that the southern access onto Broadway creates a hazardous situation due to its close proximity
to Main Street. This southern access is proposed as a ‘right out only’ access whereby it would only operate to provide egress from the site and would not allow for ingress. Based upon the
design with mountable curbs, a vehicle could turn left out of the access and will create an
enforcement burden upon the Police Department to prevent left hand turns out of the site in close
proximity to the intersection. City staff finds that this configuration does not meet the spacing
standards required by code. Based upon the traffic volumes, turning movements, traffic controls in the vicinity, site design, site distances, and the location and alignment of other access points
the Engineering Department does not support modification to the spacing standards to allow the
access. The applicant argues that this egress point is critical for fuel tankers to access the
underground fuel storage tanks and then maneuver out of the southern ‘egress-only’ Broadway
access. Staff finds that if the access were closed that tanker access could be accomplished by other site modifications to accommodate refueling for the station. Condition of approval number
12 requires the southern egress-only access be eliminated and replaced with curb/gutter,
boulevard and sidewalk. The Commission is further advised that MDT review and approval of
the Broadway/Main intersection improvements may call for the removal of the egress-only
access due to its proximity to the intersection and potential conflicts with stacking lengths of vehicles on Broadway.
As the fueling canopy is sited in front of the convenience building and along the streetscape the
site must address buffering and screening of the vehicular circulation area per the Design
Objectives Plan for Entryway Corridors. The proposal must also organize the public edges of the
site to provide visual interest to pedestrians. The proposal as submitted does not achieve these guidelines as the mountable curb and access provided for the fuel delivery vehicles disrupts
much of the public edges of the site and creates significant gaps in the streetscape.
Conditions of approval number 4 and 12 requires the southern egress-only access be eliminated
and replaced with curb/gutter, boulevard and sidewalk and to be landscaped.
Federal Emergency Management Agency. Mill Ditch, a diversion of Bozeman Creek, crosses the site in an open channel and conveys water intermittently throughout the year and during
periods of high flow in Bozeman Creek. The ditch contains a regulatory Zone AE (high risk)
floodplain which is mapped upon effective Flood Insurance Rate Map Panel 30031C0817D. The
proposal calls for piping the ditch through a box culvert and constructing site elements atop the
culvert structure which materially impact the effective mapped Zone AE floodplain. Revisions to the mapped Zone AE floodplain are allowable by federal regulations, but must be approved by
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the Federal Emergency Management Agency (FEMA) through the letter of map revision
(LOMR) process. Recommended condition of approval number 10 requires conditional LOMR
approval from FEMA prior to the City granting final site plan approval. This condition serves to
confirm that federal regulations concerning revisions to effective Zone AE floodplains are satisfied with respect to the development proposal. Further, condition of approval number 11
requires a City floodplain development permit be obtained prior to the issuance of a building
permit. The floodplain development permit cannot be approved until all other required stream
permits have been obtained from agencies having jurisdiction. Agencies that may have stream
permitting authority include, but are not necessarily limited to, the Gallatin Conservation District, US Army Corps of Engineers, and the Montana Department of Fish, Wildlife and Parks.
Montana Department of Transportation. The project site is located in the northeast quadrant
of the North Broadway Avenue and East Main Street intersection. East Main Street is a State
highway designated as a principal arterial roadway and is under the control of the Montana
Department of Transportation (MDT). North Broadway Avenue is a designated collector roadway and is under the control of the City. A traffic impact study was completed for the
project in October 2011 revealing that the intersection presently operates at a deficient level of
service (LOS), ‘E’, during the weekday PM peak hour traffic condition. The proposed
development will exacerbate the existing condition by adding additional vehicle trips to the
adjacent street network. Condition of approval number 13 requires the intersection be improved to operate at a minimum LOS of ‘C’ in accordance with Section 38.24.060.B.4 BMC unless a
variance is approved by the City Commission. The project is not requesting a variance from the
referenced standard at this time and it is anticipated that the intersection will be signalized to
upgrade the presently deficient LOS. MDT must review and approve signalization plans, or
other mitigating improvements, prior the issuance of a building permit for the project. The intersection improvement must be in place and operational prior to occupancy of the site unless a
variance from Section 38.39.030.C.1.c.(4) is approved by the City Commission which would
allow occupancy of the site to occur prior to completion of required street improvements. A
variance from this standard is not requested at this time.
ALTERNATIVES: 1. Approve the application with the recommended staff conditions; 2. Approve the application with modifications to the recommended
staff conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the
staff report; 4. Open and continue the public hearing on the application, with
specific direction to staff or the applicant to supply additional
information or to address specific items.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report, Applicant’s submittal materials, April 10, 2013 Design Review Board Staff Report, April 10, 2013 Design Review Board Minutes
The full application and file of record can be viewed at the Community Development Department at 20
E. Olive Street. Report compiled on: April 25, 2013
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City Commission Staff Report for the Town Pump #1 CUP/COA/DEV/VAR File #Z-13052
Item: A Conditional Use Permit, Certificate of Appropriateness, Deviations, and Variance Application
#Z-13052, to allow the demolition of all structures on site and the construction of a 10,913 square foot
convenience store with five fuel pumps with ten fuel dispensers and fueling locations in pump island for auto fuel sales, and associated site improvements on property located at 803 E. Main Street, zoned B-2 Community Business District, and located within the Class II East Main Street, Entryway Corridor
Overlay District.
Owners: Montana Growth Opportunities
PO Box 6000 Butte, MT 59701
JBL, LLC
1007 East Main Street, Suite 202
Bozeman, MT 59715
Representative: Locati Architects 1007 East Main Street Bozeman, MT 59715
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: Brian Krueger, Development Review Manager
Recommendation: Conditional Approval ______________________________________________________________________________
Project Location
The subject project is located at the northeast corner of West Main Street and North Broadway Avenue. The property lies within the East Main Street Class II Entryway Corridor. The property is zoned B-2, Community
Business District. Please see the following vicinity map.
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Zoning Designation & Land Uses
The subject property is zoned “B-2” (Community Business District). The intent of
the “B-2” district is to provide for a broad range
of mutually supportive retail and service
functions located in clustered areas bordered on
one or more sides by limited access arterial streets. The following land uses and zoning are
adjacent to the subject property:
North: The Village Downtown PUD,
residential, zoned “R-O” Residential Office
South: Lindley Park, and vacant, undeveloped parcels, zoned “PLI” Public Lands and
Institutions, and “B-2”
East: vacant, undeveloped, zoned “B-2”
West: 777 Building, mixed use, zoned “B-2”
Proposal
The proposal is to allow the demolition of all structures on site and the construction of a 10,913 square foot convenience store with five fuel pumps with ten fuel dispensers and fueling locations in a pump
island for auto fuel sales, and associated site improvements. The irrigation ditch on site would be placed
in a concrete box culvert below the site. The existing underground fuel tanks are proposed to remain in
their current location. The property is under multiple ownership entities and comprised of multiple lots
and portions of lots. The property would be required to be aggregated and common lot boundaries would need to be adjusted to create the development parcel. Auto fuel sales is a conditional use within
the B-2, Community Business zoning district. A certificate of appropriateness is required for all
demolition and new construction within the Entryway Corridor Overlay District.
Two deviations are being requested from the Bozeman Municipal Code as follows: Section 38.22.060.A.1 BMC Auto Repair and/or Fuel Sales – Deviation is requested to the maximum stated height allowed for the fueling canopy of 18 ft. A 20% deviation is requested for a proposed maximum
fuel canopy height of 21.6 feet and Section 38.17.060.A.2.b BMC Setbacks from the Entryway Corridor
– A 20% deviation is requested to encroach 5 feet into the required 25 foot entryway corridor setback.
A Variance is requested to Section 38.10.050 BMC to encroach into the required minimum 25 foot front yard for parking and loading areas required along North Broadway Avenue. The request is to encroach 13 feet into the 25 foot yard requirement or 52%.
This is a Conditional Use Permit, Certificate of Appropriateness, Deviations, and Variance 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. The Development Review Committee recommended conditional approval of the application at their April 10, 2013 meeting. The Design Review Board did not pass a motion for recommendation of approval of the project. The meeting
minutes from April 10, 2013 detail the discussion that led to that vote, see attached.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee and staff find that the
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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 provided
in this report.
Planning Department Recommended Conditions:
1. All portions of Lot 3 and Lots 4-12 and a portion of Lot 13A, Block 30, and other miscellaneous
described portions of the Amended Plat of the Northern Pacific Addition 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.
2. 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 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.
3. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior
to issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and
Administrative Design Review Staff Recommended Conditions:
code provisions have been satisfied.
4. All mountable curbs shall be eliminated from the site design and the southernmost access to North
Broadway shall be removed. These areas shall include standard curbing and be designed to include
pedestrian scale lighting, additional landscape plantings, and seat wall screening areas.
5. The proposed site furniture shall be coordinated in design and at a minimum provide a basic palette of
black powder coated furniture designs.
6. Pedestrian scale lighting shall be provided along the East Main Street and North Broadway Street
frontages consistent with the approved Lumec luminaire design and spacing for the downtown
streetscape.
7. A seating wall detail shall be provided that demonstrates continuity with the buildings architecture
and the functional ability to provide a seating surface.
8. Scored and colored concrete crosswalks shall be provided across all drive accesses to the site.
9. A fence detail for the proposed fencing along the north property line shall be submitted for review and
approval with the final plan. The fence shall be coordinated in design with the building architecture and
site furniture.
Engineering Department Recommended Conditions:
10. Prior to final site plan approval, a conditional letter of map revision (CLOMR) shall be approved by
the Federal Emergency Management Agency (FEMA).
11. Prior to issuance of any building permit, a floodplain development permit shall be obtained from the
city in accordance with city floodplain regulations, Chapter 38, Article 31 BMC.
12. The southern access approach onto N. Broadway Ave. shall be eliminated and replaced with city
standard curb/gutter, boulevard, and sidewalk from Main Street to the south extents of the northern
access approach onto N. Broadway Ave.
13. The intersection of Broadway Ave. and E. Main St. shall be improved to operate at a minimum level
of service (LOS) of ‘C’ in accordance with Sec. 38.24.060.B.4 BMC unless a variance to allow a lesser LOS is granted by the City Commission. Improvement plans shall be approved by the Montana
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Department of Transportation (MDT) prior to issuance of any building permit, and the improvement
shall be operational prior to issuance of final occupancy unless a variance is granted by the City Commission.
14. Prior to final site plan approval, the Montana Department of Transportation (MDT) shall issue an
approach permit for the proposed access approach onto E. Main St.
15. Prior to final site plan approval, MDT shall issue a utility encroachment permit for any utilities
proposed to be located, or re-relocated, in the right-of-way of E. Main St.
16. The existing water service line to the existing building on the site shall be abandoned by capping at
the main connection.
17. Proposed trees shall be located outside of the required E. Main St. site vision triangles.
18. A construction easement or agreement for construction access shall signed by the property owners
north of the site and be submitted with the final site plan.
Conclusion/Recommendation
The Development Review Committee and staff have reviewed the Town Pump #1 Conditional Use
Permit, Certificate of Appropriateness with Deviations and Variance application and recommends to the
City Commission approval of said application with the conditions and code provisions outlined in this
staff report. The Design Review Board did not forward a recommendation of approval for the application. 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, 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.
BECAUSE THIS APPLICATION INCLUDES A REQUEST FOR VARIANCE
(MODIFICATION), THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE CONCURRING VOTE OF FOUR MEMBERS OF
THE COMMISSION IS NECESSARY TO EFFECT THIS VARIANCE (MODIFICATION). THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080.A OF THE BOZEMAN MUNICIPAL CODE.
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman 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
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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.
Review Criteria & Staff Findings
Section 38.19.110 Review Authority 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.
City staff did not concur with the justifications provided by the applicant to allow for two access points on North Broadway Avenue and finds that the southern access onto Broadway creates a hazardous
situation due to its close proximity to Main Street. This southern access is proposed as a ‘right out only’
access whereby it would only operate to provide egress from the site and would not allow for ingress.
Based upon the design with mountable curbs, a vehicle could turn left out of the access and will create
an enforcement burden upon the Police Department to prevent left hand turns out of the site in close proximity to the intersection. City staff finds that this configuration does not meet the spacing standards
required by code. Based upon the traffic volumes, turning movements, traffic controls in the vicinity,
site design, site distances, and the location and alignment of other access points the Engineering
Department does not support modification to the spacing standards to allow the access. The applicant argues that this egress point is critical for fuel tankers to access the underground fuel storage tanks and
then maneuver out of the southern ‘egress-only’ Broadway access. Staff finds that if the access were
closed that tanker access could be accomplished by other site modifications to accommodate refueling
for the station.
As the fueling canopy is sited in front of the convenience building and along the streetscape the site must address buffering and screening of the vehicular circulation area per the Design Objectives Plan for
Entryway Corridors. The proposal must also organize the public edges of the site to provide visual
interest to pedestrians. The proposal as submitted does not achieve these guidelines as the mountable
curb and access provided for the fuel delivery vehicles disrupts much of the public edges of the site and
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creates significant gaps in the streetscape.
Conditions of approval number 4 and 12 requires the southern egress-only access be eliminated and replaced with curb/gutter, boulevard and sidewalk and to be landscaped.
If the southernmost Broadway Ave. access location were removed as conditioned and recommended by
staff the site would be found adequate in size and topography to accommodate such use and that the
project relates to the other land and uses in the vicinity. Staff incorporates the plan review findings
presented below in Section 38.19.100 as supporting evidence. The southernmost Broadway access location causes the site to not properly relate to the Broadway Ave. right-of-way and the land and uses
in the vicinity.
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.
Staff finds that as proposed the use will have a material adverse effect upon abutting property. As noted above and in the plan review findings for traffic the southernmost Broadway Ave. access is a hazard to
the public health and safety and does not comply with the Unified Development Code and the design
guidelines within the Design Objectives Plan for Entryway Corridors. Conditions of approval number 4
and 12 requires the southern egress-only access be eliminated and replaced with curb/gutter, boulevard
and sidewalk and to be landscaped. The project, as conditioned with the removal of said access, would not have material adverse effect upon abutting property.
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 38.19.100 Plan Review Criteria
In considering applications for site plan approval under this title, the Community Development 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 as conditioned is in conformance with the Bozeman Community Plan
including the Community Commercial Mixed Use land use designation.
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2. Conformance to this title, including the cessation of any current violations
a. Section 38.10.050 requires a minimum side yard for parking and loading areas within the B-2 district of eight feet. The northernmost drive access on Broadway does not conform to the setback.
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 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 38.19.120 requires 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 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 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.
e. Section 38.19.120 requires that the final site plan shall contain the materials required in 39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility 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).
f. 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 Plan is approved.
g. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall be
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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 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.”
h. Section 38.23.080.H states that storm water retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The
facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and
design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root
tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A cross
section and landscape detail of each facility shall be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated
to blend into the adjacent landscaped area.
i. Table 38.23.150-6 outlines the lighting standards for service station or gas pump lighting areas. A
photometric lighting plan for all canopy lighting must be included in the final plan submittal to confirm
compliance with this section. j. Section 38.23.150.D.7.g requires that Floodlights, spotlights or any other similar lighting shall not be
used to illuminate buildings or other site features unless approved as an integral architectural element on
the development plan. On-site lighting may be used to accent architectural elements but not to illuminate
entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical
surface or angular roof surface shall not exceed 5.0 average maintained foot candles. Building facade and accent lighting shall not be approved unless the light fixtures are carefully selected, located, aimed
and shielded so that light is directed only onto the building facade and spillover light is eliminated.
k. Section 38.23.170 discusses trash enclosures. Temporary storage of garbage, refuse and other waste
materials shall be provided for every use, other than single-household dwellings, duplexes, individually
owned town house or condo units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings unless alternative provisions are made to keep trash containers
inside the garage in which case an explanation of how trash is dealt with shall be provided in the written
narrative accompanying your final site plan. The size of the trash receptacle shall be appropriately sized
for the use and approved by the City Sanitation Department. Accommodations for recyclables must also
be 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 Sanitation Division (phone: 582-
3238) prior to site plan approval. (e.g. written approval from local waste services for the removal of
solid waste and/or provisions for screening of collection areas shall be provided with the final site plan). l. Section 38.26.050.L requires that the finish grade of all landscape areas including storm water
facilities shall not exceed a slope of 25% grade (4 run: 1 rise).
m. Section 38.34.100 states that a building permit shall be obtained within one year of final approval, or
said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an
extension of one additional year from the Planning Director. n. Section 38.39.030 requires that the applicant shall provide for private improvements certification by
the architect, landscape architect, engineer and other applicable professionals that all improvement
including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or
other requirement elements were installed in accordance with the approved site plan, plans and
specifications. o. Plans and specifications for any water, sewer and/or storm sewer main extensions and Public Streets
(including, intersection improvements, curb/gutter and sidewalks) prepared by a Professional Engineer
(PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be
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approved by the Montana Department of Environmental Quality. Street plans shall be approved by the
Montana Department of Transportation if applicable. The applicant shall provide Professional Engineering services for construction inspection, post-construction certification and preparation of
mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be
provided at that time. Construction shall not be initiated on the public infrastructure improvements until
the plans and specifications have been approved and a pre-construction conference has been conducted.
Building permits will not be issued prior to City acceptance of the site related infrastructure improvements unless all provisions set forth in Section 38.39.030.C.1.b BMC are met to allow for concurrent construction.
p. Plans and specifications for any fire service line (and domestic services 4” or larger) must be prepared
in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to
and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings.
q. Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from
the infrastructure plans and final site plan.
r. 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.
Post-development discharges leaving the site shall be limited to the pre-development discharge rate for each proposed drainage area.
s. A Stormwater Management Permit (SMP) must be submitted and approved by the City Engineer prior
to final site plan approval. The SMP requires submittal of an application form, a storm water
management plan, and payment of fees in compliance with the city’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 general permit for storm water discharges
associated with construction activity if required under state rules.
t. 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 and/or access perimeter and be adequately identified (i.e. drop vs. spill curb) on the FSP.
u. Site vision triangles shall be depicted in accordance with Sec. 38.24.100 BMC.
v. The FSP shall be adequately dimensioned and labeled with a legend of line types and symbols used
provided. w. The location of existing and proposed water/sewer mains and services shall be properly depicted, as
well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable from
existing. City of Bozeman applications for service shall be completed by the applicant.
x. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately.
Distinction between proposed and existing easements shall be made. Any proposed easements shall be provided prior to FSP approval.
y. Proposed water/sewer mains, services and hydrants shall be depicted on the landscape plan and
maintain a minimum horizontal separation of 10’ to proposed landscape trees and lot lighting
improvements.
z. Areas proposed for snow storage shall be depicted on the FSP. aa. A grease interceptor conforming to the latest adopted edition of the uniform plumbing code shall be
installed.
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bb. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development
Code. 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.
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.
Mill Ditch, a diversion of Bozeman Creek, crosses the site in an open channel and conveys water
intermittently throughout the year and during periods of high flow in Bozeman Creek. The ditch contains a regulatory Zone AE (high risk) floodplain which is mapped upon effective Flood Insurance
Rate Map Panel 30031C0817D. The proposal calls for piping the ditch through a box culvert and
constructing site elements atop the culvert structure which materially impact the effective mapped Zone
AE floodplain. Revisions to the mapped Zone AE floodplain are allowable by federal regulations, but
must be approved by the Federal Emergency Management Agency (FEMA) through the letter of map revision (LOMR) process. Recommended condition of approval number 10 requires conditional LOMR
approval from FEMA prior to the City granting final site plan approval. This condition serves to
confirm that federal regulations concerning revisions to effective Zone AE floodplains are satisfied with
respect to the development proposal. Further, condition of approval number 11 requires a City
floodplain development permit be obtained prior to the issuance of a building permit. The floodplain development permit cannot be approved until all other required stream permits have been obtained from
agencies having jurisdiction. Agencies that may have stream permitting authority include, but are not
necessarily limited to, the Gallatin Conservation District, US Army Corps of Engineers, and the
Montana Department of Fish, Wildlife and Parks.
4. Relationship of site plan elements to conditions both on and off the property
The site as proposed is generally compatible with the immediate environment of the site and the adjacent
neighborhood. The building character and materials complies with the guidelines for the Entryway
Corridors and is similar in character to adjacent developments of the 777 building and the Village
Downtown. The mass and height of the buildings are similar to those of the neighborhood. The site and
lighting is proposed to conform to code standards and is not anticipated to have any impact on the surrounding area. The design and arrangement of the elements of the site plan are in general
conformance with the organizational scheme of the community with the exception of the southernmost
access along Broadway Avenue. See detailed discussion under number 6, vehicular ingress and egress,
below. The overall site design, other than the access on Broadway contributes to the overall aesthetic quality of the neighborhood.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The project site is located in the northeast quadrant of the North Broadway Avenue and East Main Street
intersection. East Main Street is a State highway designated as a principal arterial roadway and is under
the control of the Montana Department of Transportation (MDT). North Broadway Avenue is a designated collector roadway and is under the control of the City. A traffic impact study was completed
for the project in October 2011 revealing that the intersection presently operates at a deficient level of
service (LOS), ‘E’, during the weekday PM peak hour traffic condition. The proposed development will
exacerbate the existing condition by adding additional vehicle trips to the adjacent street network.
Condition of approval number 13 requires the intersection be improved to operate at a minimum LOS of
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‘C’ in accordance with Section 38.24.060.B.4 BMC unless a variance is approved by the City
Commission. The project is not requesting a variance from the referenced standard at this time and it is anticipated that the intersection will be signalized to upgrade the presently deficient LOS. MDT must
review and approve signalization plans, or other mitigating improvements, prior the issuance of a
building permit for the project. The intersection improvement must be in place and operational prior to
occupancy of the site unless a variance from Section 38.39.030.C.1.c.(4) is approved by the City
Commission which would allow occupancy of the site to occur prior to completion of required street improvements. A variance from this standard is not requested at this time.
Based on required parking for this use, 25 parking spaces are required. The site plan proposes to
construct 28 off street parking stalls with two accessible stalls. The parking areas are separated into two
areas: directly in front and to the side of the building.
6. Pedestrian and vehicular ingress and egress
The sidewalks along the street frontages are the primary pedestrian connections to the site and to
adjacent parcels. Connections to the residential development to the north and to East and West Main
Street are provided. The application proposes to construct one primary pedestrian entrance to the site
from the East Main Street Frontage. It includes a pedestrian plaza, landscaping, and bicycle parking.
The Mountains to Main Street regional Trail System crosses East Main Street adjacent to the site. If a signal is installed at the intersection of East Main Street and North Broadway Avenue it would facilitate
the continued safe use of this trail system. A waiting zone with a seating wall for pedestrians is
provided at the southwestern corner of the site at the intersection. Staff recommends a condition to
require that all seating walls be incorporated into the building architecture and materials and be
functional for seating. In order to make the pedestrian crossing of drive entrances safer staff recommends a condition to require scored concrete crosswalks to highlight intensive pedestrian areas on
site.
The proposed vehicular access configuration serving the project includes 1 full access onto East Main
Street, and 1 partial and 1 full access onto North Broadway Avenue, for a total of 3 accesses to the site.
None of the proposed access locations conform to the access separation standards of Table 38.24.090-3 BMC. A request to modify the separation standards was submitted with the proposal containing
required information in Section 38.23.090.H BMC. City staff did not concur with the justifications
provided by the applicant in the modification request to allow for two access points on North Broadway
Avenue and finds that the southern access onto Broadway creates a hazardous situation due to its close
proximity to Main Street. This southern access is proposed as a ‘right out only’ access whereby it would only operate to provide egress from the site and would not allow for ingress. Based upon the design
with mountable curbs, a vehicle could turn left out of the access and will create an enforcement burden
upon the Police Department to prevent left hand turns out of the site in close proximity to the
intersection. City staff finds that this configuration does not meet the spacing standards required by code. Based upon the traffic volumes, turning movements, traffic controls in the vicinity, site design,
site distances, and the location and alignment of other access points the Engineering Department does
not support modification to the spacing standards to allow the access. The applicant argues that this
egress point is critical for fuel tankers to access the underground fuel storage tanks and then maneuver
out of the southern ‘egress-only’ Broadway access. Staff finds that if the access were closed that tanker access could be accomplished by other site modifications to accommodate refueling for the station.
Condition of approval number 12 requires the southern egress-only access be eliminated and replaced
with curb/gutter, boulevard and sidewalk. The Commission is further advised that MDT review and
approval of the Broadway/Main intersection improvements may call for the removal of the egress-only
access due to its proximity to the intersection and potential conflicts with stacking lengths of vehicles on Broadway.
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The northern Broadway access and the East Main Street access do not satisfy maximum width
standards; however, these standards may be relaxed by the City. In this case, the wider approaches are appropriate to the use of the site in order to safely maneuver large vehicles into and out of the site. City
staff supports relaxing the width standards for this reason. Condition of approval number 14 requires
MDT approval of the access onto East Main Street.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space, and pedestrian areas, and the preservation or replacement of natural vegetation
There are existing mature trees and shrubs on the site. The applicant plans to remove nearly all the
vegetation in order to place the irrigation ditch within a concrete box culvert to create a buildable parcel.
The site storm water system is proposed at the north side of the lot and is integrated into the landscaping.
The landscape design meets the 23 performance points required. The landscape design palette is diverse,
includes seasonal interest, and is of the high quality. Some trees are noted within site vision triangles and will need to be adjusted with the final plan.
8. Open space
No open space is required or proposed for this use.
9. Building location and height
The proposed buildings are sited to more closely respect the setback patterns of buildings constructed in the area. The application includes three structures: the primary convenience store building, the
secondary fueling canopy, and the trash enclosure and storage building. The convenience building is
sited appropriately along East Main Street with a building entry near the sidewalk edge while still
providing access to the principal fueling use on site. In order to fully comply with the guidelines in the
Design Objectives Plan the convenience building would have been sited at the corner of North Broadway Avenue and East Main Street. Due to the constraints of the use and the functional
requirements to operate a fueling facility, slope along the east property line, and access to the site the
convenience building was determined best sited along the east property line. As the fueling canopy is
sited in front of the convenience building and along the streetscape the site must address buffering and
screening of the vehicular circulation area. The proposal must also organize the public edges of the site to provide visual interest to pedestrians. The proposal as submitted does not achieve these guidelines as
the mountable curb and access provided for the fuel delivery vehicles disrupts much of the public edges
of the site and creates significant gaps in the streetscape. In concert with Development Review
Committee findings regarding safety and access to and from the site staff recommends a condition that
would eliminate the mountable curbs in all areas and the southernmost access along North Broadway Avenue to provide additional plantings and seat wall screening areas to mitigate the impact of this
automobile intensive use in the context of the downtown and East Main Street streetscapes. The
proposed convenience building is approximately 122’ x 73’ in foot print and is approximately 27’ in
height. The maximum height in the B-2 district is 38’ with a shallow pitch or flat roof.
The fueling canopy is broken up into separate elements and includes a gabled roof form to differentiate
it from other canopies in Bozeman. The deviation being requested from Section 38.22.060.A.1 Auto
Repair and/or Fuel Sales – Deviation is requested to the maximum stated height allowed for the fueling
canopy of 18 ft. A 20% deviation is requested for a proposed maximum fuel canopy height of 21.6’.
Staff is supportive of the deviation request due to the quality of the site and building design proposed. See findings under the deviation criteria in 37.17.080 below.
10. Setbacks
The convenience building is located along East Main Street. The Class II Entryway Corridor setback in
this location is 25 feet. A deviation is requested to encroach 5 feet into the entryway corridor setback.
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A five foot side yard is provided along the east property line. The Broadway Avenue frontage requires a
25 foot setback for parking and loading areas. The fueling canopy parking and loading encroaches into the 25 foot setback approximately 13 feet. A variance is requested for the encroachment. A discussion of
the variance criteria can be found in Section 38.35.060 below. An eight foot side yard for the fueling
canopy is required along the north property line. The existing site plan shows a deficient setback in this
area. The northernmost drive access along Broadway Avenue will need to be adjusted to accommodate
this code requirement.
11. Lighting
The site lighting is required to meet the standards in Section 38.23.150. The lighting as designed
appears to meet standards. Per code provision, a more detailed photometric plan is required to confirm
conformance of the fueling canopy lighting. The site light poles and luminaries proposed for site and
building mounted 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 notes a code provision that will require analysis of the architectural lighting that is
proposed to wash up the sides of the convenience building. The code has specific maximum standards
for the amount of light that can be projected on the building to illuminate architectural features. Staff
recommends a condition to require downtown style pedestrian lights along the streetscapes on East Main and North Broadway Avenue. This is consistent with the lighting provided along the streetscape for the
777 building due west of this site and the Village Downtown development north of the site. The vacant
site to the south is anticipated to develop with an urban streetscape and downtown style lighting.
12. Provisions for utilities, including efficient public services and facilities
The existing water service to the existing convenience store building on the site is undersized to serve the proposed building. A new water service and a new fire service will be constructed and connected to
the existing water main in East Main Street. A new sewer service will be constructed and connected to
the existing sewer main in North Broadway Avenue. Private utility connections will be provided from
existing utility infrastructure surrounding the property. Any new utility connections proposed from
utility lines located in the right-of-way of East Main Street must obtain a utility occupancy permit from MDT. Condition of approval number 15 reflects this requirement. Adequate provision of utilities is
provided to the site.
13. Site surface drainage
Storm water runoff from the developed site will discharge to Mill Ditch, similar to the existing discharge
pattern. Runoff volume from the developed site will be limited to the existing condition by constructing appropriately sized retention and/or detention basin facilities. Runoff from drainage areas that may
collect small amounts of petrochemicals will be routed through a sand/water/oil separator prior to
discharge.
14. Loading and unloading areas
No formal loading and unloading areas are required. See conditional use permit criteria beginning on
page 5 for a discussion on the fueling truck access to the site.
15. Grading
The east side of the proposed convenience store building will double as a retaining wall to hold back the
sizeable embankment cut required on the east side of the property to site the building. Mill ditch will be piped through the property. The drive aisle between the fueling canopy and the convenience store
building will overlay the piped ditch. Staff notes a code provision regarding maximum slope of
landscaped areas and storm water facilities as there is nonconforming slopes shown along the north
property line. This area will have to be designed to have a maximum 4:1 slope or have a retaining wall
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installed. A construction agreement signed by the adjacent property owner will be required in order to
provide adequate area to construct the improvements in this location.
16. Signage
No signage is requested as part of this application. The applicant does show conceptual signage on the
elevations and in an exhibit for the freestanding sign. The building frontage along East Main Street for
this building is 73 feet. When a building is located on its lot such that there is no parking between the
building facade with the primary entrance and the street right-of-way line and there is parking located to the side of the building, then 35 percent of the side length of the building may be used to calculate
building frontage. Due to the configuration of the building this site may use an additional 42.7 linear feet
or 35 percent of the side length of the building of 122 feet in addition to the 73 feet of frontage to
calculate signage for the site. Based upon linear frontage of 115.7 feet in the B-2 District a total of
186.05 square feet of signage is available for the entire building. The freestanding sign may be a maximum of 32 square feet and that amount must be deducted from the total signage allowed. Based
upon one freestanding sign at 32 square feet, 154.05 square feet of signage is left for all signage on the
buildings.
17. Screening
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. In concert with findings regarding safety and access to the and from the site staff recommends a condition that would eliminate
the mountable curbs in all areas and the southernmost access along North Broadway Avenue to provide
additional plantings and seat wall screening areas to mitigate the impacts and buffer the automobile
intensive uses in the context of the downtown and East Main Street streetscapes.
18. Overlay district provisions
The site is located within the Class II, East Main Street Entryway Overlay District. Administrative
Design Review staff has reviewed the proposal for conformance with the Bozeman Design Guidelines
for Entryway Corridors. Staff finds the proposal in general conformance with the 2005 Bozeman Design
Guidelines for Entryway Corridors as conditioned. The detailed findings can be found in the staff report
to the Design Review Board for their April 10, 2013 meeting in the project file. At their April 10, 2013 meeting the Design Review Board did not pass a motion for recommendation of approval of the project.
The meeting minutes detail the discussion that led to that vote, see attached.
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.
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The project is proposed on multiple lots that will be required to be reconfigured prior to final plan
approval per staff recommended conditions. A subdivision exemption process shall be utilized to accommodate a lot aggregation of common boundary realignment. If boundary realignment is proposed
the resulting lots must meet setbacks, minimum lot size and width, and other applicable zoning
standards.
21. Compliance with article 8 of chapter 10 of this Code
This project is not subject to workforce housing requirements.
22. Phasing of development
This project is proposed to be completed in one phase.
Section 38.17.080 Deviation from Overlay or Underlying Zoning Requirements
Section 38.17.080 specifies the required criteria for granting deviations from the underlying zoning requirements. In the discussion below, staff evaluated the project proposal in light of these criteria.
A. Deviations will produce an environment, landscape quality and character superior to that
produced by the existing standards.
Deviation #1 Canopy height. The applicant has proposed a gable roof with articulated architectural
elements for the canopy. In order to have the gabled roof features on the canopy the applicant is requesting a deviation from the maximum height required for service canopies (18’). Staff is supportive
of the additional height based upon the condition for higher quality detailing and high quality materials.
An articulated canopy will further this canopy from flat roofed franchise canopies. The Design
Objectives Plan strictly discourages franchise architecture. The canopy as designed will more closely
relate to the high quality building architecture. The landscaping, site design as conditioned, and the building complex are superior to that achieved by the existing standards.
Deviation #2 East Main Street Setback Encroachment. The applicant proposes a five foot encroachment
into East Main Street to align the southern façade along the street edge with the 777 building setbacks
west of the site. The 777 building encroaches into the setback and provides a varying distance from the
street of between 15 and 20 feet. The setback for the convenience building is in accordance with this alignment and will provide a transition to downtown setbacks which are lesser still. . The landscaping,
site design as conditioned, and the building complex are superior to that achieved by the existing
standards.
The deviations can only be supported with the project as conditioned to remove the southernmost access
along Broadway Ave., as without this modification, staff cannot find that the deviations will produce and environment, landscape quality, and character superior to that produced by the existing standards
and be consistent with the intent and purpose of the Entryway Corridor Overlay District.
B. Deviations will be consistent with the intent and purpose of Chapter 38, Article 17 Bozeman
Entryway Corridor Overlay District.
Deviation #1 Canopy height. The canopy, as conditioned, with the additional 3’ 7” in height would
ensure a high quality of development in the corridor that will enhance the impression and enjoyment of
the community. The canopy as conditioned will coordinate well with the convenience building
architecture and be of a higher quality than seen historically.
Deviation #2 East Main Street Setback Encroachment. The building encroachment will allow the site to be developed according to the existing and emerging urban character in the area. The building design is
of high quality and will enhance the impression and enjoyment of the community.
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The deviations can only be supported with the project as conditioned to remove the southernmost access
along Broadway Ave., as without this modification, staff cannot find that the deviations will produce and environment, landscape quality, and character superior to that produced by the existing standards
and be consistent with the intent and purpose of the Entryway Corridor Overlay District.
C. Deviations will be consistent with the adopted Design Objectives Plan.
Deviation #1 Canopy height. The Design Objectives Plan strictly discourages franchise architecture.
The convenience building and the fueling canopy do not present franchise architecture. The gabled roof form will further the canopy from the flat roofed standard canopy of many franchises. The canopy is
proposed at 21’ 7” and is subordinate to the primary convenience building to be constructed at 27’ in
height at the top of the parapet. The additional articulation on the canopy island compliments the
architecture of the convenience store building and coordinates the design of buildings within this
building complex.
Deviation #2 East Main Street Setback Encroachment. The encroachment along the East Main Street
setback allows the two story portion of the convenience building to be closer to the street to provide
enclosure to the street and to provide an entrance closer to the street edge, both goals of the design
guidelines.
The deviations can only be supported with the project as conditioned to remove the southernmost access along Broadway Ave., as without this modification, staff cannot find that the deviations will produce
and environment, landscape quality, and character superior to that produced by the existing standards
and be consistent with the intent and purpose of the Entryway Corridor Overlay District.
Section 38.35.060.C Zoning Variances: Criteria for Consideration and Decision
In acting on an application for a variance, the review authority (in this case, the City Commission) shall
designate such lawful conditions as will secure substantial protection for the public health, safety and
general welfare, and shall issue written decisions setting forth factual evidence that the variance meets
the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
A Variance is requested to Section 38.10.050 BMC to encroach into the required minimum 25 foot front
yard for parking and loading areas required along North Broadway Avenue. The request is to encroach
13 feet into the 25 foot yard requirement or 52%.
Generally, staff would not support an outright request to encroach into the parking and loading setback
area for a B-2 site. However, this particular site and building have several unique characteristics, (as addressed under review criteria 2 below), that lead staff to support this particular variance, as
conditioned, as not being contrary to the public interest.
This site currently operates as an auto fuel sales location that is nonconforming to most provision within
the zoning code. The existing site has minimal access control along both Broadway Avenue and East Main Street. The proposed project to reconstruct the auto fuel uses with expanded convenience retail uses to conform to the zoning code is in the public interest. The specific variance request to encroach
into the parking and loading setback for this site is related to the compact urban character of the
surrounding area. This site is located outside of the downtown core, but in an intensively developed
commercial area. This location, although in the B-2 district, is the effective eastern edge and end of the downtown district. A substantial change in grade occurs in East Main Street east of this site, signaling a transition in character. There is public interest in keeping this site urban in character, and as compact as
possible while allowing compliance with the Design Objectives Plan for Entryway Corridors and the
expansion of the use.
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This variance can only be supported with the project as conditioned to remove the southernmost access
along Broadway Ave., as without this modification, staff cannot find that the project or variance will serve the public interest.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship
which would unavoidably result from the enforcement of the literal meaning of this chapter;
Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the
applicant or previous predecessors in interest, or potential for greater financial returns; and Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and
governmental actions outside of the owners control;
The findings in this section apply to the variance request and are related to hardship and conditions
unique to the property. This review criterion strives to eliminate self imposed actions and financial considerations from being the source of variance support. To that end, there is a unique factor to this
site and buildings that do allow some distinction if the variance is approved. These include:
Site setbacks: This site location is a corner lot. Although the site is addressed on Main Street, the
effective front yard of the fueling activities is along Broadway Avenue. The convenience building is
proposed to be sited along East Main Street, but the front of the convenience building and the fueling canopy is oriented towards Broadway Avenue. The site is subject to a 25 foot setback along the
Entryway Corridor that is not related to a specific yard designation, but is related to the East Main Street
Entryway Corridor. With the required parking and loading front yard designation on Broadway Avenue
the site effectively has two twenty five foot setback requirements. In this specific location, this setback
condition would not be consistent with any of the surrounding structures or sites on corner lots. The downtown district in general, including both the B-3 and surrounding B-2 districts, is compact and urban
in character with many buildings are sited along the streetscape with small or minimal setbacks. The
literal enforcement of the standards would create a site design inconsistent with character of the
surrounding area.
Topography: A substantial change in grade occurs in East Main Street and the property east of this proposed development site. The proposed convenience building is functionally located as far east of
Broadway Avenue as possible to accommodate a development area for the fueling canopy. The
applicant has provided a minimal circulation area around the fueling canopy to accommodate the wide
range of vehicles anticipated to utilize the site that include, fuel tanker trucks, recreational vehicles,
trucks, vehicles towing trailers, and passenger vehicles.
Staff finds that this variance, as conditioned, is necessary owing to conditions unique to the property to
avoid and unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title.
3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice.
One of the key tools for implementing the Bozeman Community Plan is following the adopted
regulatory standards of the Code. These regulatory codes establish the standard to which all
development, new or old, must comply. These codes are intended to protect and enhance the public
health, safety and welfare by avoiding or mitigating some detrimental circumstance or action. While staff does not have the power to waive or vary from the adopted development requirements, the City
Commission can weigh the applicant’s arguments against the variance review criteria above to
determine if the variance can be approved to achieve a fair and proportionate outcome.
Objective G-2.1 of the City of Bozeman Community Plan (Growth Policy) states:
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“Ensure that development requirements and standards are efficiently implemented, fairly and
consistently applied, effective, and proportionate to the concerns being addressed.”
Staff finds that this variance as conditioned will observe the spirit of the Bozeman Municipal Code and
the adopted Bozeman Community Plan (growth policy). This variance can only be supported with the
project as conditioned to remove the southernmost access along Broadway Ave., as without this
modification, staff cannot find that the project or variance will observe the spirit of the title.
Attachments: Applicant’s Submittal Materials, Design Review Board staff report April 10, 2013,
Design Review Board meeting minutes April 10, 2013
Report Sent to:
Owners: Montana Growth Opportunities
PO Box 6000 Butte, MT 59701
JBL, LLC
1007 East Main Street, Suite 202
Bozeman, MT 59715
Representative: Locati Architects
1007 East Main Street
Bozeman, MT 59715
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DESIGN REVIEW BOARD STAFF REPORT TOWN PUMP #1 CUP/COA/DEV/VAR FILE NO. #Z-13052
#Z-13052 Town Pump #1 CUP/COA/DEV/VAR Staff Report 1
Item: A Conditional Use Permit, Certificate of Appropriateness, Deviations, and Variance Application #Z-13052, to allow the demolition of all structures on site and the construction of a 10,913 square foot
convenience store with ten fuel pumps in a pump island for auto fuel
sales, and associated site improvements on property located at 803 E. Main Street, zoned B-2 Community Business District, and located within the Class II East Main Street, Entryway Corridor Overlay
District.
Owners: Montana Growth Opportunities PO Box 6000 Butte, MT 59701
JBL, LLC
1007 East Main Street, Suite 202 Bozeman, MT 59715
Representative: Locati Architects
1007 East Main Street
Bozeman, MT 59715 Date: Design Review Board meeting on April 10, 2013, 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 Broadway Avenue. The property lies within the East Main Street Class II Entryway Corridors. The property is zoned B-2,
Community Business District
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PROPOSAL
The proposal is to allow the demolition of all structures on site and the construction of a 10,913 square
foot convenience store with ten fuel pumps in a pump island for auto fuel sales, and associated site improvements. The irrigation ditch on site would be placed in a culvert below the site. The existing underground fuel tanks are proposed to remain in their current location. The property is under multiple
ownership entities and comprised of multiple lots and portions of lots. The property would be required
to be aggregated and common lot boundaries would need to be adjusted to create the development
parcel. Two deviations are being requested from the Bozeman Municipal Code as follows: Section
38.22.060.A.1 BMC Auto Repair and/or Fuel Sales – Deviation is requested to the maximum stated
height allowed for the fueling canopy of 18 ft. A 20% deviation is requested for a proposed maximum
fuel canopy height of 21.6 feet and Section 38.17.060.A.2.b BMC Setbacks from the Entryway Corridor – A 20% deviation is requested to encroach 5 feet into the required 25 foot entryway corridor setback.
A Variance is requested to Section 38.10.050 BMC to encroach into the required minimum 25 foot front
yard for parking and loading areas required along North Broadway Avenue.
This is a Conditional Use Permit, Certificate of Appropriateness, Deviations, and Variance 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
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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: The Village Downtown Planned Unit Development zoned R-O (Residential Office)
South: Parkland and Vacant parcels zoned PLI (Public Lands and Institutions) and B-2
East: Vacant parcel and Casino uses zoned B-2
West: Mixed Use Commerical 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,
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building height transitions should be provided to be compatible with adjacent development.
Criteria Section 38.17.080 Deviation from Overlay or Underlying Zoning Requirements
Section 38.17.080 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, Staff evaluated the project proposal in light of these criteria.
A. Deviations will produce an environment, landscape quality and character superior to that
produced by the existing standards.
Deviation #1 Canopy height. The applicant has proposed a gable roof with articulated architectural
elements for the canopy. In order to have the gabled roof features on the canopy the applicant is
requesting a deviation from the maximum height required for service canopies (18’). Staff is supportive
of the additional height based upon the condition for higher quality detailing and high quality materials. An articulated canopy will further this canopy from flat roofed franchise canopies. The Design
Objectives Plan strictly discourages franchise architecture. The canopy as designed will more closely
relate to the high quality building architecture. The landscaping, site design as conditioned, and the
building complex are superior to that achieved by the existing standards.
Deviation #2 East Main Street Setback Encroachment. The applicant proposes a five foot encroachment
into East Main Street to align the southern façade along the street edge with the 777 building setbacks
west of the site. The 777 building encroaches into the setback and provides a varying distance from the
street of between 15 and 20 feet. The setback for the convenience building is in accordance with this
alignment and will provide a transition to downtown setbacks which are lesser still. . The landscaping, site design as conditioned, and the building complex are superior to that achieved by the existing
standards.
B. Deviations will be consistent with the intent and purpose of Chapter 38, Article 17 Bozeman
Entryway Corridor Overlay District. The canopy, as conditioned, with the additional 3’ 7” in height would ensure a high quality of
development in the corridor that will enhance the impression and enjoyment of the community. The
canopy as conditioned will coordinate well with the convenience building architecture and be of a higher
quality than seen historically.
The building encroachment will allow the site to be developed according to the existing and emerging
urban character in the area. The building design is of high quality and will enhance the impression and
enjoyment of the community.
C. Deviations will be consistent with the adopted Design Objectives Plan. The Design Objectives Plan strictly discourages franchise architecture. The convenience building and
the fueling canopy do not present franchise architecture. The gabled roof form will further the canopy
from the flat roofed standard canopy of many franchises. The canopy is proposed at 21’ 7” and is subordinate to the primary convenience building to be constructed at 27’ in height at the top of the
parapet. The additional articulation on the canopy island compliments the architecture of the
convenience store building and coordinates the design of buildings within this building complex.
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The encroachment along the East Main Street setback allows the two story portion of the convenience
building to be closer to the street to provide enclosure to the street and to provide an entrance closer to
the street edge, both goals of the design guidelines. 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 remove nearly all the vegetation in order to place the irrigation ditch within a concrete box
culvert to create a buildable parcel. The site storm water system is proposed at the north side of
the lot and is integrated into the landscaping.
B. Auto Connections: Vehicular circulation is proposed with three ingress and egress points; one
from East Main Street and two from North Broadway Avenue. Due to the slope east of the site,
no direct automobile connections are planned to the adjacent parcels to the east.
C. Pedestrian & Bicycle Connections: The sidewalks along the street frontages are the primary pedestrian connections to the site and to adjacent parcels. Connections to the residential development to the north and to East and West Main Street are provided. The application
proposes to construct one primary pedestrian entrance to the site from the East Main Street
Frontage. It includes a pedestrian plaza, landscaping, and bicycle parking. The Mountains to
Main Street regional Trail System crosses East Main Street adjacent to the site. If a signal is installed at the intersection of East Main Street and North Broadway Avenue it would facilitate the continued safe use of this trail system. A waiting zone with a seating wall for pedestrians is
provided at the southwestern corner of the site at the intersection. Staff recommends a condition
to require that all seating walls be incorporated into the building architecture and materials and
be functional for seating. In order to make the pedestrian crossing of drive entrances safer staff recommends a condition to require scored concrete crosswalks to highlight intensive pedestrian areas on site.
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 mixed palette of site furniture. A high quality bike rack and refuse bin are provided, but the quality of the proposed plaza seating does not provide a continuous high quality appearance consistent with the
architecture. Staff recommends a condition that requires quality seating that is black powder
coated to coordinate with the other amenities on site. The street frontage landscaping and parking
lot screening along the streetscapes includes a good level of landscaping including diverse seasonal plantings, boulders, and seat wall, that provides a buffer to the views of cars on site. Staff’s only concern in this regard is the proposed mountable curb areas to accommodate the fuel
delivery vehicles. These areas disrupt the streetscape and present significant gaps in the
streetscape landscaping and character that is inconsistent with this guideline. In concert with
Development Review Committee findings regarding safety and access to the and from the site staff recommends a condition that would eliminate the mountable curbs and southernmost access along North Broadway Avenue to provide additional plantings and seat wall screening areas to
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mitigate the impact of this automobile intensive use in the context of the downtown and East
Main Street streetscape.
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 existing buildings. This area is proposed to be
placed in a box culvert underground 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 view sheds. The
proposed top of the highest parapet for the convenience building is approximately 27’7”. The
fueling canopy is proposed at 21’ 7” in height.
C. Cultural Resources: The site is developed, multiple buildings exist on site. The entire site has
been previously disturbed by construction wither for the fueling station or the irrigation ditch.
No cultural resources are anticipated on site.
D. Topography: The site slopes down from east to west. Some cut and fill will be required to place the convenience 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 is integrated into the landscape plan.
F. Building Placement: The proposed buildings are sited to more closely respect the setback
patterns of buildings constructed in the area. The application includes three structures, the primary convenience store building and the secondary fueling canopy and the trash enclosure
and storage building. The convenience building is sited appropriately along East Main Street
with a building entry near the sidewalk edge while still providing access to the principal fueling
use on site. In order to fully comply with the guidelines in the Design Objectives Plan the
convenience building would have been sited at the corner of North Broadway Avenue and East Main Street. Due to the constraints of the use and the functional requirements to operate a
fueling facility, slope along the east property line, and access to the site the convenience building
was determined best sited along the east property line. As the fueling canopy is sited in front of
the convenience building and along the streetscape the site must address buffering and screening
of the vehicular circulation area. The proposal must also organize the public edges of the site to provide visual interest to pedestrians. The proposal as submitted does not achieve these
guidelines as the mountable curb and access provided for the fuel delivery vehicles disrupts
much of the public edges of the site and provided significant gaps in the streetscape. In concert
with Development Review Committee findings regarding safety and access to the and from the
site staff recommends a condition that would eliminate the mountable curbs in all areas and the southernmost access along North Broadway Avenue to provide additional plantings and seat wall
screening areas to mitigate the impact of this automobile intensive use in the context of the
downtown and East Main Street streetscapes.
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G. Outdoor Public Spaces: The proposed pedestrian entrance to the site and the plaza space create
an outdoor focal point. This areas is anticipated to be actively used and will connect to major
building activities. The outdoor public space could be better served with coordinated street furniture and seating walls. See previous sections for staff recommended conditions in regards
to these sections.
E. Pedestrian & Bicycle Circulation Systems: As stated in 1.C. above the proposal includes the
construction of a single primary pedestrian entrance to the site. A waiting zone with a seating wall for pedestrians is provided at the southwestern corner of the site at the intersection. Staff
recommends a condition to require that all seating walls be incorporated into the building
architecture and materials and be functional for seating. In order to make the pedestrian crossing
of drive entrances safer staff recommends a condition to require scored concrete crosswalks to
highlight intensive pedestrian areas on site. A bicycle parking area is located along the primary (west) façade of the building near the main entrance to the building and along the south façade
near the secondary plaza entrance from East Main Street.
H. Internal Automobile Circulation Systems: The site plan provides a coordinated and
continuous system of driveways to provide traffic follow as depicted. The proposal does eliminate the general existing condition of full rollover curbs that currently exist along North
Broadway Avenue and East Main Street. As previously noted in this report staff is not supportive
of the mountable curbs and southernmost access along North Broadway Avenue. Staff is willing
to support a larger drive access along North Broadway if the southernmost access is close per
recommended condition. The widths of the internal driveways have been generally minimized with consideration to the intensive vehicular uses proposed.
I. Parking Lots: Based on required parking for this specific use 25 parking spaces are required.
The site plan proposes to construct 28 off street parking stalls with two accessible stalls. The
parking areas are separated into two areas: directly in front and to the side of the building. J. Site Lighting: The site lighting for the site will be required to meet the standards in Section
38.23.150. The lighting as designed appears to meet standards. The light poles and luminaries
proposed for site and building mounted 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 to require downtown style
pedestrian lights along the streetscapes on East Main and North Broadway Avenue. This is
consistent with the lighting provided along the streetscape for the 777 building due west of this
site and the Village Downtown development north of the site. The vacant site to the south is
anticipated to develop with an urban streetscape with the downtown lighting standards. K. Utilities & Service Areas: A trash enclosure is included behind the convenience 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 for sanitation vehicles. The enclosure is high
quality and is consistent with the building architecture and materials.
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L. Landscape Design: The landscape design meets the required 23 performance points required.
The landscape design palette is diverse, includes seasonal interest, and is of the high quality.
Some trees are noted within site vision triangles and will need to be adjusted.
M. 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. In concert with findings regarding safety and access to the and
from the site staff recommends a condition that would eliminate the mountable curbs in all areas
and the southernmost access along North Broadway Avenue to provide additional plantings and
seat wall screening areas to mitigate the impacts and buffer the automobile intensive uses in the context of the downtown and East Main Street streetscapes.
3. Building Design (pages 37-48):
A. Building & Topography- The buildings do 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. C. Primary Building Entrance- A primary entrance for the buildings front onto a pedestrian plaza
and is adjacent to the East Main Street frontage. 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 expanses of blank walls are
proposed.
E. Building Mass & Scale- The proposed convenience building is approximately 122’ x 73’ in foot print and is approximately 27’ 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 articulations in the façade plane. The building
does change materials and colors with each building module and is of a scale that has been seen traditionally. The street facing facades are more articulated than the east elevation. The fueling
canopy is broken up into separate elements and includes a gabled roof form to differentiate it
from other canopies in Bozeman.
F. Roof Form- The primary roof form is a combination of gabled forms and a flat roof with parapet walls on the convenience building and a combination of flat and gabled roofs for the fueling
canopy. The guidelines require that all roof forms incorporate two features from the list on page
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45 of the Design Objectives Plan. These buildings as proposed provide two features from this
list and are generally appropriate.
G. Building Materials- The materials proposed include a combination of brick veneer, glass fiber reinforced concrete parapet, steel awnings, black storefront glazing, steel accents and standing
seam roofing, and others. As proposed, the palette of materials is generally consistent with the
guidelines and is acceptable in this location.
H. Building Complex- The buildings proposed are coordinated in design, materials, and detailing. I. Service Canopies- The fueling canopy is broken up into separate elements and includes a gabled
roof form to differentiate it from other canopies in Bozeman. The deviation being requested
from Section 38.22.060.A.1 Auto Repair and/or Fuel Sales – Deviation is requested to the
maximum stated height allowed for the fueling canopy of 18 ft. A 20% deviation is requested for a proposed maximum fuel canopy height of 21.6’. Staff is supportive of the deviation request
due to the quality of the site and building design proposed. See findings under the deviation
criteria above.
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 zoning code 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.
4. Sign Design (pages 49-56)
The signage proposed is of individual channel letters and small logo elements lit by interior led lighting. A low profile monument sign is proposed along East Main Street. In general the sign
designs proposed are consistent with the guidelines. The signage appears to be high quality and
consistent in design.
5. Corridor Specific Guidelines East Main Street (Pages 94-97):
• Establish a definite sense of entering the City, as soon as possible after the freeway off ramp.
• Continue the “green edge” condition that has started near the Western Heritage Inn. Expand this
approach to both sides of the street.
• Sidewalks shall be provided along the street on both sides.
• Convey a commercial character of the street with uses visible from the highway.
• Enhance sense of green corridor.
• Invite the pedestrian and bicyclist to use the corridor, encourage the development of buffered detached sidewalk.
• Improve the view shed from the Interstate.
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• Consider properties that face the Interstate in a more general way. For example, some of the
guidelines in Chapter 3 that address architectural character and building details may be less
relevant.
• Page 97—See illustration.
Staff finds that these guidelines are generally met with this proposal.
RECOMMENDED CONDITIONS OF APPROVAL
1. All mountable curbs shall be eliminated from the site design and the southernmost access to North
Broadway shall be removed. These areas shall be designed to include pedestrian scale lighting,
additional plantings, and seat wall screening areas. 2. The proposed site furniture shall be coordinated in design and at a minimum provide a basic palette of black powder coated furniture designs.
3. Pedestrian scale lighting shall be provided along the East Main Street and North Broadway Street
frontages consistent with the approved Lumec luminaire design and spacing for the downtown
streetscape. 4. A seating wall detail shall be provided that demonstrates continuity with the buildings architecture and the functional ability to provide a seating surface.
5. Scored and colored concrete crosswalks shall be provided across all drive accesses to the site.
CONCLUSION/RECOMMENDATION Staff suggests a recommendation of conditional approval of the requested CUP/COA/DEV/VAR
application #Z-13052 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 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: Owners: Montana Growth Opportunities, PO Box 6000, Butte, MT 59701
JBL, LLC 1007 East Main Street, Suite 202 Bozeman, MT 59715 Representative: Locati Architects 1007 East Main Street Bozeman, MT 59715
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DESIGN REVIEW BOARD WEDNESDAY, APRIL 10, 2013
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pentecost called the meeting of the Design Review Board to order at 5:33 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 Mel Howe Sally Thomas, Administrative Assistant II
Michael Pentecost, Chairperson Chris Saunders, Policy and Planning Manager
Mark Hufstetler Brian Krueger, Development Review Manager Cristina Coddington Lori Garden
Walter Banziger
Bill Rea
Visitors Present: Kyle Tage and Laura Dornberger, Locati Architects
Kent Marsalis, Barnard Construction
Tim Kearns
Tom Eastwood ITEM 2. MINUTES OF MARCH 13, 2013
MOTION: Mr. Howe moved, Mr. Rea seconded, to approve the minutes of March 13, 2013 as
presented. The motion carried 7-0. ITEM 3. PROJECT REVIEW 1. Barnard Construction Master SP #Z-13028 (Saunders)
701 Gold Avenue * A Master Site Plan Application to allow a three phase commercial office building expansion and a first phase site plan with related site improvements on 10.232 acres.
Mr. Saunders presented a summary of the project: There has been a building on the site since the
early 90s, first addition around 1998. Request is for extended approval period, 3 phases, parking
area. Site in I90 entryway corridor road is elevated 20 ft as it passes the site, no street visibility. Does have ground level visibility at Bond and Gold street. Comparatively a low-visibility site,
architecture diversity of material and type echoes what is currently there, there isn’t a specific
time schedule for Phase 2 & 3, parking will also be phased and won’t cause significant
disruption. There are no deviations, purely an administrative review. DCR recommends
acceptance.
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Mr. Tage added that the existing structure was cedar clapboard siding. Trying to create a new
corporate entryway conference rooms and staff facilities, linked by breezeways to other phases.
Transition from two to three stories. Flat roof to create a more varied roofline. Questions:
Ms. Garden inquired about windows/siding being changed, and about the entrance. Mr. Tage
responded there is no change in siding, but windows will change as some materials are no longer being manufactured. He added that there is currently no defined entrance, and that one will be added along with guest parking in Phase 1.
Mr. Rea inquired about construction grades during phases. Mr. Saunders responded that aside
from regular stormwater regulations, the Code does not specify additional requirements between phases. Mr. Rea also asked about a storage shed, and Mr. Tage responded that there is an
existing shed (pole barn).
Ms. Coddington confirmed the presence of a bridge and trail on the property.
Mr. Hufstetler asked about visual continuity between the old and new buildings. Mr. Tage
responded that the materials will have commonality. Mr. Hufstetler stated his concern that the
building have a more compact mass. Mr. Tage responded that the design was prompted by the
phasing and by the logistical needs of the building.
Chairman Pentecost confirmed that the building will be used for offices. He also asked if a
traffic study had been done on Gold and Bond. Mr. Saunders replied that no study has been
done, but the street is adequate to carry the increased traffic.
Ms. Garden inquired about a unified color scheme. Mr. Tage replied that the color scheme will be compatible. Mr. Tage also reiterated that because of elevation it is very difficult to see the
building from the interstate.
Mr. Rea asked about ongoing piles of construction materials throughout the phasing. Mr.
Mersalis replied that the construction company in this case has great credibility and this should not be an issue.
Ms. Coddington said she liked the layout, but the materials didn’t look like anything in
Bozeman. She recommended perhaps a darker wood color, dress with plants, make it wooded.
Mr. Hufstetler recognized economic realities, and proposed vertically oriented windows. He
liked the color palettes and landscaping. Wished for a more compact design.
Mr. Howe commented that the project was handsome, although the section cornices seemed
opulent.
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Mr. Banziger stated he had no design issues. Agrees with Ms. Garden about the material
matching to tie with existing facility. He believes the project is going in a great direction and
would support staff’s comments. Chairman Pentecost inquired about LEED etc. Mr. Tage responded focused on this as a master
plan concept. They will be discussing all the sustainable options. Chairman Pentecost fully
supports this project.
MOTION: Mr. Banziger moved, Mr. Hufstetler seconded, to forward a recommendation of approval to the Planning Director for Barnard Construction Master SP #Z-13028 with Staff
conditions as outlined in the Staff report. The motion carried 7-0.
2. Town Pump #1 CUP/COA/VAR/DEV #Z-13052 (Krueger) 803 East Main Street
* A Conditional Use Permit with a Certificate of Appropriateness and Variance to parking
and loading setbacks and a Deviation for setback and fueling canopy height to allow the
demolition of the existing structure and fuel pump islands and construction of a new
fueling station/convenience store and fuel pump islands.
Mr. Krueger presented the project Summary: Staff has been working on for quite some time,
underwent informal at the DRC over a year ago. Applicant chose not to come to the DRB at that
time. Tonight COA, deviations and variance. East Main Street and North Broadway. Property
ownership will not change, but additional property will be acquired. Will expand existing site by common boundary realignment and will aggregate lots. Existing ditch to be routed through a
concrete box culvert and rebuild the site with a new convenience store with auto fuel sales.
Conditional use for auto fuel sales required in the B-2 district. There are two requested
deviations: 1. canopy height (zoning standard in ordinance is 18’), many canopies ask for
additional height. 2. setback from primary building into the required setback along East Main Street. Both are recommended for approval. Encroachment for fuel pump island andcirculation
exceeds 25 ft B-2 parking and loading setback requires a variance. Staff affirmative
recommendation today to with the Design Review Board on the project. But one of the big
issues is engineering recommends to close the southern access. It is a two-fold argument: 1
public health and safety (high potential that the intersection will be signalized MT Dept of transportation) traffic waiting at the signal has high potential to conflict with that traffic at that
location and 2 aesthetic. Fuel tanks to remain where they are. Rollover curb has limited success
and staff sees potential maintenance issues with that. Right turn requirement often violated/not
enforced. Streetscape should be as high a standard as possible due to the requested deviations
and conditional use. Began this process informally with a very strong argument that building should be on a corner, but it became apparent that the design could not sustain security issues,
and other operational concerns. Design as presented other than southernmost access on
Broadway meets a lot of the design objectives. Today this design is supported by staff with the
outlined conditions, with a few minor changes. Building architecture is similar to design seen on
19th Avenue but this design has expanded fenestration, higher amount of glazing. Some
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subjectivity as to franchises. This circumstances the design for Town Pump on 19th was
different and this proposal is designed for this site and staff believes it works in both locations.
Crosswalks are a challenge and sidewalks. Broadway and East Main Street is a primary crossing
for the Sweet Pea Festival . Signalized crosswalk. Trail system connects here. Acknowledge the northern access is larger that typically allowed, but if southern access were to be closed there is potential for a fuelling vehicle moving through site in another way. Street furniture and palette of
amenities requires a condition. Seating wall and bike rack on Broadway frontage. This site is a
transition from the character of the downtown streetscape bottom of hill transitions from
downtown to expanded East Main Street. Park Place development further east includes planted blvd. Vac shop to be developed to a more urban street setting. Bldg location encroachment requires deviation along East Main Street. The 777 Bldg west of this site is slight angle concrete
and averages 15-20 from the right of way from Aleworks driveway east and most would see this
project in alignment with the 777 building while coming down the hill, heading west.
Mr. Tage: Over a year now working on solutions. Graded coming down off hill. 5’ retaining
wall to make up dirt. Vacant parcel between Jackpot Casino. Looked at it from a master plan
perspective. Architectural elements are just picking up the flavor of downtown Bozeman brick
facade, awing style elements over windows and doors, gables to play against the platforms.
Canopy to fit into an urban context.
Mr. Howe: No questions.
Mr. Hufstetler: Is the east end of the building as close to the lot line as it can be so no
landscaping? Mr. Tage: True. Mr. Hufstetler, people driving down hill would see roof? Mr. Tage: Yes. South access removal? Mr. Tage can’t see path to do this project without a southern
access, and will ask commission to accept a southern access. If this is not approved, they will sit
on the project. Mr. Hufstetler trail system more width on sidewalk/landscaping to help enhance
the north/south corridor. Mr. Krueger spoke with Gary Vodenall at GVLT. Both sides of street
along Broadway would look similar to 777 bldg. frontage with planting strip, 5’ sidewalk, and lights. Trying to put a 10’ shared use section in a delicate area would bring too much impervious
area. Broadway frontage is terrible condition today. Gary suggested putting a trail sign at the
appropriate connection. People should slow down enough at the intersection. Signal is the most
important part of that crossing. Felt it was an appropriate design.
Ms. Coddington: If access is allowed, will Broadway rd turn into a right turn only? Mr. Krueger
replied that MDT might not allow access at that location even if the City allows it. The
Commission could modify the conditions. But city staff recommends removal of southern
access. Tree removal: is there intent to replenish that area? Mr. Tage, yes they will add
landscaping. Mr. Krueger asked about the remaining lot widthalong East Main Street east of this site? Mr. Tage replied 120--not much. Trees may not be there but there will be a building with a
similar streetscape Locati bldg. up the street. That new building would be a close to that
building as possible.
Mr. Rea: Is the 777 Building zoned B-2? Mr. Krueger replied yes. B-3 has 0 setback (transition
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is at Wallace). The distance from curb to building averages 20’ and is supposed to be 25’. Mr.
Rea is very concerned about the face on the street, storage room, office, and storage room
upstairs. Concerned that the window will be piled up or boarded over. Guarantee that the
windows stay alive? Mr. Howe: Could use reflective glass. Mr. Tage: concern is valid. Reflective glass or opaque would be a better solution. Mr. Rea: Is staff comfortable with the landscaping plan? Mr. Krueger: the character would extend around the whole site. A lot of
plantings proposed for the space available. Mr. Rea: Seems like too much at that corner. Brian:
trying to fill the bottom of the canopy to the streetwall. Regular planting of blvd trees and
woody texture in the winter. Ms. Garden: why does the applicant want southernmost access on Broadway? Mr. Tage: for
fuel delivery trucks and larger traffic--would have more frequent fuel delivery trucks (can’t get
largest truck in there). Mr. Krueger restated public health and safety concerns. He sees
opportunities to move tank, shift entire canopy, etc. to make that site work up to and including expanding the site. They will take the position to the commission. 777 bldg is opposite of the
site. Directly to the north is small strip of land entrance to the village downtown, trail. At DRC
Larry Pearson is working on a building across Mendenhall intersects Broadway 2 story office
building. B&G grain elevator, railroad still active. Has the potential to be an interesting area.
Ms. Garden: Is there glass around the doors? Mr. Tage: Spandrel is proposed.
Mr. Banziger: Does the design foreshadow that future TPs will be similar? Mr. Tage says yes
but no cookie-cutter.
Mr. Pentecost: What happens if the mountable curbs are removed? Mr. Tage: The regular curb would remain for traffic, more planting, pedestrian lining, etc.
Mr. Hufstetler: It there an anticipated vehicle count change? Mr. Krueger: Yes, there was a full
traffic study. Failing turning movement at Broadway onto East Main must be mitigated before
the project can go forward. Mr. Tage: The convenience store is tripling in size.
Comments:
Mr. Hufstetler: Started to see uncertainties about the project. 1. Traffic: he could not get into
existing TP. People going downhill into a congested area. Broadway access is very problematic and won’t support project with it. Architecture is good. High quality building but is too generic
and doesn’t speak to either Bozeman or the location; is too suburban for the period architecture
of that area. Could use some visual clues from existing buildings, especially the canopies. Likes
stepped canopies, but they don’t fit the area perhaps use grain elevator. Landscaping challenge
end of urban core, strong pedestrian bike presence. Has a Huffine Lane feel, suggests more urban feel. Agrees that rollover curbs are problematic.
Ms. Coddington. Agrees with Mr. Hufstetler and Mr. Krueger’s comments. Won’t recommend
with the southern access. Agrees with Mr. Hufstetler’s tightening recommendations.
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Mr. Rea: Believes it’s as good as it’s going to get on this site. Likes the fact that the islands are
the corner. But he won’t support it. It doesn’t work as a downtown entryway and isn’t the right
place for a fueling station. Concerned about potential for removal of trees and more signage.
Great effort, but not the direction for the site. He won’t support it. Ms. Gardner. Could lose a pump or so. Overall like it. Move snow storage on corner. Mr.
Krueger: Best spot is in the stormwater retention area to the north of the site.. Ms. Gardner: Is
there a way to block off for fueling truck?
Walt: Agrees the project is a valiant attempt. He sides with Mr. Hufstetler on contextual design aspects. Should emulate more 1930’s style. Supports staff on access comments, particularly site
access on south. Is there a better way to make that work? Believes MDT will say no because of
signal there. He won’t support it but wants to see more.
Chairman Pentecost: He agrees with Mr. Rea project doesn’t fit the parcel. He completely
supports staff recommendations. Commended the building, but not convinced is right building
for the location. Mr. Tage asked if Chairman Pentecost feels that the design not right, or if he
does not want fuel station there? Chairman Pentecost was not convinced that the gas station is
too big for that corner--it’s a scale issue. He might be convinced if scale was different, but two-story mass may not appropriate for the site.
Mr. Hufstetler: Building is intended for people for people coming into town, who won’t really
see it. However, it is very visible to the urban core of the town.
Mr. Rea: Said that it feels too suburban (e.g., West Main or 19th). He reminded that there is a
view from library and Lindley Park. He does not think it is the right project for the site. He
would not support any kind of a gas station there. If curb cut is a deal killer, he is fine with it.
Waterway, tree removal, both hot topics.
Mr. Banziger: He would prefer that it has a better feel. He would possibly support it then.
Ms Coddington: Suggested moving pumps to the back, the addition of trails or a pocket park
would make it more of an urban environment.
Mr. Hufstetler: Doesn’t object to gas station at the site, but it needs to be integrated more fully.
Nee to find ways to provide a design more indigenous to the neighborhood, and that pushes the
pump area to the north from where it is now.
Mr. Rea: Wouldn’t mind seeing more height on it. Aerial view. Centerline of the ditch is the front of the building.
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MOTION: Mr. Howe Mmoved that DRB recommends acceptance of the zoning application in
terms of its aesthetics only. No second on the motion.
MOTION: Mr. Hufstetler moved, Mr. Rea seconded, to forward a recommendation of approval to the City Commission for Town Pump #1 CUP/COA/VAR/DEV #Z-13052 with Staff conditions as outlined in the Staff report. The motion failed 4 to 3 (Mr. Howe, Ms. Gardner and
Chairman Pentecost yes, Mr. Hufstetler, Mr. Rea, Mr. Banziger and Ms. Coddington no).
ITEM 4. 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.}
No public comment was forthcoming.
ITEM 5. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 7:35 p.m.
Michael Pentecost, Chairperson
City of Bozeman Design Review Board
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TOWN PUMP BOZEMAN #1
803 E MAIN STREET, BOZEMAN, MT
PROPERTY OWNERS WITHIN 200 FEET OF 803 E MAIN STREET, BOZEMAN, MT
JBL LLC
67 Village Dr., Suite 206
Belgrade, MT 59714
Montana Rail Link
Real Estate Department
PO Box 16624
Missoula, MT 59808-6624
John & Bonnie Chepulis
2 Dovetail Ln.
Columbus, MT 59019
Pisces Properties LLC
PO Box 6563
Bozeman, MT 59771
777 Building LLC
101 E Main St., Suite D
Bozeman, MT 59715-4796
705 East Mendenhall LLC
c/o Bunting Mgt Grp
217 International Cir
Cockeysville, MD 21030
City of Bozeman
PO Box 1230
Bozeman, MT 59771
Jack/Mac Inc
PO Box 6429
Bozeman, MT 59771
John Colter LTD
100 NE Loop 410, Suite 1300
San Antonio, TX 78216-4736
Lee Phillips
702 E Main Street
Bozeman, MT 59715-3862
Diane J. Blank
4460 Paces Battle NW
Atlanta, GA 30327-3024
Michael W. Delaney & Ileana Indreland
101 E. Main Street, Suite D
Bozeman, MT 59715
Village Investment Group
101 E. Main Street, Suite D
Bozeman, MT 59715
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(Certificate of Appropriateness Checklist 2 – Prepared 11/25/03; revised on 9/8/04, revised 11/14/11)
CERTIFICATE OF APPROPRIATNESS CHECKLIST 2
If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District, and DOES NOT
qualify for review as a Sketch Plan; Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91; or
Amendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section 38.19.050 (Sketch Plan
Review), Section 38.19.150 (Amendments to Sketch and Site Plans) or Section 38.19.170 (Reuse, Change in Use or Further Development
of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title), BMC.
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be
explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Neighborhood Conservation Overlay District. If a proposed development is located in the Neighborhood Conservation Overlay
District, information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned
alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a
minimum, the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information Yes No N/A
1. One current picture of each elevation of each structure planned to be altered and such
additional pictures of the specific elements of the structure or property to be altered that will
clearly express the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures should be submitted and all pictures shall be
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information
2. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration
3. Materials and color schemes to be used
4. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
5. A schedule of planned actions that will lead to the completed alterations
6. Such other information as may be suggested by the Planning Department
7. Description of any applicant-requested deviation(s) and a narrative explanation as to how the
requested deviation(s) will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community
8. Stormwater Management Permit Application required
B. Entryway Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District,
information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned
alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a
minimum, the following items shall be included in the submission:
Entryway Corridor Overlay District Information Yes No N/A
1. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
2. Such other information as may be suggested by the Planning Department
3. If the proposal includes an application for a deviation as outlined in Section 38.35.050
(Deviations), BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the City Commission to make the determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of Chapter 38.17 (Entryway
Corridor Overlay District), BMC.
4. Stormwater Management Permit Application required
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Development Review Application
Town Pump Bozeman #1
803 East Main Street
Site Details
Address 803 East Main Street
Zoning District B-2 Community Business District
UDC 38.17.030 A.2.c Bozeman Entryway Corridor Overlay District, Class II,
Main Street east from Broadway Avenue to Interstate 90
UDC 38.10.020. Authorized uses Auto Fueling Facilities – Conditional Use
Design Objectives
Town Pump Bozeman No. 1 is a productive location for Montana Stewards LLC. It has provided a quality
service to the Bozeman community for over 30 years. As Bozeman has grown and changed so have the
services and requirements of convenience stores. Commercial and residential development around the site
has turned what was once an industrial part of Bozeman into a neighborhood with additional demands.
The store started out selling candy & gum in 1976 and now carries thousands of items. The current
location is literally crammed with goods and is unable to provide many of the items that its customers
seek. The additional traffic has also created safety concerns in and around the site. Montana Stewards
LLC would like expand the facility and provide the goods & services that the community desires as well
as clean up and modernize the site. We will outline in the following paragraphs exactly how we aim to
accomplish this task. We are excited about Town Pump’s continued growth within the Bozeman
community and look forward to providing a site that both the City of Bozeman and Town Pump can be
proud of.
Site Location
The site for Town Pump Bozeman #1 is located on the corner of East Main Street & Broadway Avenue. It
is located within the Bozeman Entryway Corridor Overlay District and defined as Class II, Main
Street east from Broadway Avenue to Interstate 90. This is a primarily automobile oriented
Commercial corridor with some pedestrian & bicycle traffic. The lot sizes vary as do the scale and
setback of the buildings. Please reference the Location Map for additional information.
East Main Street and Broadway Avenue is a “T” shaped intersection with a heavy amount of vehicle and
truck traffic. Access to the site is via a curb cut on Main Street and a valley gutter to Broadway Avenue.
While the valley gutter is necessary for traffic flow it does create hazardous conditions near the corner of
Main & Broadway for vehicular traffic as there is no restricted access to & from the site. In addition,
large trucks turning on to Broadway Avenue from Main Street frequently cut the corner and their rear
wheels come across the sidewalk. Town Pump would like to improve the safety at this intersection for
vehicle traffic and pedestrians alike.
Streamline Bus service passes by the site from east to west along Main Street. There is a Bus Stop 1 block
to the west near the corner of Wallace Avenue in front of Aleworks.
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Town Pump
Main Street & Broadway Avenue
Bozeman, MT 59718
Site & Parking Calculations
Lot Size
1.21 Acres
52,714 Sq. Ft.
Legal Description
Northern Pacific Addition, Lots S07, T02S, R06E, A Portion of Lots 2, 3 & 13, Lots 4-12 Block 30,
Gallatin County, Montana
Parking
Parking calculations
Retail Store/ Service Establishments 1:300
Warehousing, Storage or handling of bulk goods 1:1000
Main Level Convenience Store Floor Area 8,358 SF X .85 / 300 = 23
Upper Level Storage 2,575 SF X .85 / 1000 = 2
Total Parking Spaces = 25
Accessible Spaces Required = 1 Van Space
28 Total Parking Spaces Provided
4 Bicycle Parking Space Provided (3 required)
City of Bozeman requirements
Retail Store/Service Establishments 1:300
Warehousing, Storage or Handling of Bulk Goods 1:1000
*85% “floor area” SF reduction
Bicycle parking 10% of required parking
Building Calculations
Convenience store main level floor area = 10,933 SF
FAR (floor area ratio) = 10,933 SF / 52,714 SF = 20.74%
Site Calculations
Square Footage % of Total Site
Structures 14,592 SF 27.7%
Convenience Store 8,358 SF
Canopy 5,778 SF
Refuse Enclosure 456 SF
Driveway and Parking 28,141 SF 53.4%
Open/Landscaped Space 9,981 SF 18.9%
Total site 52,714 SF
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Development Review Application
Town Pump Bozeman #1
803 East Main Street
Site Location (cont’d)
We have also considered the PROST Trail connection. Currently there is a missing link to the trail
connection that ends at the Library and begins again to the east of our site in The Village Crossing.
Currently the link to bring these trails together is via a dangerous crosswalk at Main Street & Broadway
Avenue. By installing a new traffic light at that intersection and providing a sidewalk along the eastern
boundary of our site the trails will have a completed link. Please reference PROST Trail Map under Site
Drawings section of the binder.
Existing Site
The existing site consists of a small 1200 SF painted concrete block convenience store with 5 fueling
pumps. Two of the pumps are on the main street side of the building and covered by a small canopy. The
site has no maintained landscaping or other pedestrian friendly amenities. Please see photos on the
Existing Site Plan for existing conditions and the structures that will be removed.
The current site design leads to unsafe conditions for pedestrian and vehicular traffic. A few of these
issues are:
The access for the fuel pumps along Main Street is at an awkward angle which creates traffic
flow issues into and out of the site.
Broadway Avenue has a dropped curb extending approximately 140’ to the north from Main
Street. There is no controlled access for vehicles entering and exiting the site.
Large delivery trucks heading west on Main Street making the turn onto Broadway Avenue
“over-track” the corner on a regular basis (the rear tires come up over the curb onto the sidewalk).
The refuse container for the store is currently located on the west side of the building facing
Broadway Avenue. The sanitation truck blocks traffic on Broadway Avenue near the intersection
when emptying this dumpster.
Due to the size constraints of the existing site Town Pump is also acquiring additional property to the east
which includes a portion of Mill Ditch, an irrigation ditch, running through the property. The combined
makeup of lots will be re-aggregated into one lot as part of the Final Site plan submittal to Planning.
A geotechnical report was completed and is included in this section of the binder. No unusual soil
conditions or groundwater was encountered that would necessitate any unusual construction methods.
The existing below ground fuel storage tanks will remain and be utilized by the new facility. Please note
their location on the site plan to the east of the existing building.
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Development Review Application
Town Pump Bozeman #1
803 East Main Street
New Site
The new building site combines the existing site plus an additional lot to the east that is currently vacant
and partially occupied by Mill Ditch, a seasonal drainage that flows from Bozeman Creek when the
upstream check dam is opened. The city of Bozeman owns the water rights, ditch rights and access
easements pertaining to the Mill Ditch.
The addition of the lot to the east will allow us to replace the existing facility with a new, larger building
with 5 fueling pumps and a new canopy which will greatly enhance the appearance and access to the site.
The new building is located such to improve vehicle and pedestrian safety within the site and at the corner
of Main Street & Broadway Avenue while avoiding conflicts with the existing fuel storage tanks and the
new culvert. The new curb cut on Main Street will be relocated further away from the corner. The existing
drop curb to Broadway Avenue will be eliminated and we are proposing two curb cuts; the first right exit
only is approximately 100’ from Main Street and the second aligns with an existing parking lot approach
into the 777 Building on the opposite side of Broadway Avenue. This will minimize the traffic conflicts
that currently occur with vehicles entering and exiting the site. The new landscaping along Main Street,
Broadway Avenue and within the site will soften & screen the vehicles on the site from adjacent
properties and Lindley Park.
The site does present a variety of challenges which are detailed in the following section of the narrative.
Site Challenges (Planning department comments from informal review in italics)
Item #1 Planning Department Informal Review Comment #6
6. Relationship of plan elements to conditions on and off property 18.100.A.4:
a. Primary building should be sited at the corner of Broadway Avenue and East Main Street
so that activities are integrated with the organizational scheme of the existing
neighborhood.
b. Fueling canopy should be located at the east side of the property.
c. A primary entrance to the building should be sited on East Main Street or Broadway
Avenue.
As part of the design process we analyzed the building location on the corner Broadway Avenue and
Main Street as the 7’ building setback would allow for more of the site to be used for our project. While
we concur that a building fronting the street is desirable to maintain the urban fabric it simply does not
work well for our site due to a variety of circumstances.
1. Building function. This type of facility requires that employees be able to view the fueling pumps
at all times. With the building located at the corner the canopy would be to the east and the check-
out area on the east side of the building to monitor it. We would need an additional entrance into
the building near the corner for pedestrian traffic. It would be close to impossible to monitor a
second entrance in an area that essentially would be the back of the store.
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Development Review Application
Town Pump Bozeman #1
803 East Main Street
Site Challenges Item #1 (cont’d)
2. Fueling tanks. The existing fueling tanks were recently replaced and have an additional 20+ years
of service life. A building located at the corner would require us to relocate these tanks due to the
proximity of the building. Town Pump has estimated a cost of an additional $150,000 to do this
work.
3. To support the circulation area around a canopy located on the east side of the site we would need
to construct a retaining wall along most of the eastern boundary of the site to meet the grading
requirements. In doing so we would create a potential liability given the grade differential of 5
feet within an urban setting. With our current configuration the east side of the building acts as a
retaining wall and we are able to incorporate the topography within our design thus making up
our difference in grade.
Item #2 Planning Department Comment #4 RE: Setbacks
4. Setbacks: 18.18.050:
a. Both the street frontages would be considered front yards. All circulation areas and
parking areas would be considered parking and loading areas for purposes of the
setback regulations. Final determinations for the rear and side yards will be determined
on building location. With the current proposed layout the rear yard would be along the
east property line with the side yard being determined along the north property line.
Our interpretation differs from Planning. We believe if there are two front yard setbacks there should be
two side yard setbacks and no rear yard regardless of the building location on the site.
We are requesting a modification in the interpretation for a 5’ wide side yard setback on the east side of
the lot.
Item #3 Setback requirement on Broadway
i: Building:
1. Front yard: 7 feet, except along arterials, which is 25 feet. Building could be setback 7 feet from
Broadway. In order to support the location of the building at the corner, with an appropriate
building design staff would support a 20% deviation for a setback reduction along the East Main
Street frontage to more closely align with the 777 East Main Street building setback location and
to provide a transition to the 20-25 foot landscaped setback anticipated as development moves
east along Main Street.
2. Rear yard: 10 feet
3. Side yard: 5 feet
ii. Parking and Loading:
1. Front yard: 25 feet
2. Rear yard: 10 feet
3. Side yard: 8 feet
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Development Review Application
Town Pump Bozeman #1
803 East Main Street
Site Challenges Item #3 (cont’d)
4. Based upon these setbacks the current design with circulation within the setback would not be
allowed by the code or supported by staff.
iii. Special setbacks: Class II Entryway Corridors require a 25 foot building and parking setback per
18.30.060.B. This setback would be from East Main Street.
iv. Setbacks shall be from the property line or right of way line, whichever is greater.
A 25’ setback is required on Broadway Avenue for parking and loading (local street) in B-2. All parking,
circulation associated with parking, and loading and parking for the fuel pumps) is subject to this setback.
Buildings are allowed to have a 7’ setback on local streets in order to incentivize buildings along the
street and with parking/loading located to the rear or side of the building.
We are requesting a zoning variance to allow the vehicle circulation to encroach to the property boundary
along Broadway. We are maintaining the 25’ setback the first 50’ along Broadway from the intersection
of Main Street, then encroaching with our circulation to the 5’ setback on the north property boundary. As
part of this request we are giving back to the City by creating a pedestrian plaza at the corner of
Broadway and Main Street. This design features a curvilinear seat wall, decorative concrete paving and
landscaping. This area along with the 25’ wide yard will be heavily landscaped which will screen the
vehicular traffic within the site from Main Street. We are also creating a landscape strip and sidewalk
along Broadway Avenue where there is none currently.
We are also requesting a Deviation for the front yard setback to the building (20’ vs. 25’ to align with the
777 building front yard). More information is available on this in Deviations and Variances section.
Item #4 Heavy truck traffic
There are two issues within this category. The first is the problem with trucks off-tracking the sidewalk
when turning right on to Broadway Avenue. While placing new curb & gutter along Broadway Avenue
near the intersection with Main Street, we are proposing to upgrade the curb return from a 15 foot radius
to a 25 foot radius to better accommodate the turning truck traffic. This proposed upgrade of the curb
return will bring the radius into compliance with the City of Bozeman Design Standards; however it will
also require approval from the MDT prior to construction.
The second issue is the fueling truck traffic through the site. To accommodate the fuel truck circulating
within the site and accessing the fuel tanks we are proposing 4” mountable curb sections near the fuel
tanks within the site and also adjacent to the access to Broadway Avenue (right turn only). These sections
would be concrete with stamped, colored concrete to match the sidewalk crossings along Main Street to
create a tactile warning strip for pedestrian traffic.
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Town Pump Bozeman #1
803 East Main Street
Site Challenges (cont’d)
Item #5 Site Access
There are two issues of site access within this category. The first relates to the proximity of the accesses
to the site from the intersection of Main Street and Broadway Avenue. At Main Street, the City and State
have stated allowance for access to the site. A Traffic Impact Study (TIS) was completed that identifies
the information required in Section 38.24.090.H.3 (Modification of Property Access Standards) which
supports the location of the proposed access on Main Street. As to the two accesses on Broadway Avenue
that are proposed, the required information outlined in Section 38.24.090.H.3 was similarly provided
within the TIS. Incorporating comments received from governing agencies on the southern Broadway
Avenue access and its proximity to the intersection, a modification is proposed creating a right egress
movement only. As this access is required to accommodate the design vehicle (Fueling Truck) and to
maintain a restricted movement access; a 4” mountable curb is shown to allow off-tracking of the trucks
but discourage travel by passenger vehicles into the site.
The second issue is in regard to the maximum width of the approaches allowed. The Main Street access
is proposed at 40 feet wide, measured at inside edge of drive access extended at its intersection with the
project curb line of the intersecting street. The Main Street access width was designed to accommodate
the design vehicle and is supported by MDT. The northern site access to Broadway Avenue is such to
accommodate site vehicular circulation around the fuel island and incorporate Planning’s comment to
align with the parking lot access behind the 777 Building.
We are requesting a modification for these site accesses.
Item #6 Storm Water Discharge into Mill Ditch
Per Section 38.23.080.C of the UDC, which states, “Drainage systems shall not discharge into any
sanitary sewer facility or agricultural water user facility”
Record information obtained from the City of Bozeman shows that the existing City storm water system
in the vicinity of the proposed project directly discharges untreated into Mill Ditch. The Records indicate
that storm water within the Main Street right-of-way is collected via curb inlets, piped and discharged into
the existing culvert of Mill Ditch under Main Street. Additionally, storm water along the Broadway
Avenue right-of-way, in vicinity of the proposed project, is collected via curb inlets, piped and discharged
into Mill Ditch at the existing culvert under Lamme Street. The existing undeveloped portion of the site is
also draining into Mill Ditch.
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Site Challenges Item #6 (cont’d)
Our proposed method of discharge from the site into Mill Ditch would be via the outfall of the storm
water detention pond (which allows for sedimentation of particulates and capture of any pollutants via
vegetation within the pond area) located at the north side of the site. The pond will be constructed in
accordance of UDC Section 38.23.080.H. Additional site surface stormwater discharge will enter the City
system in the northwest area of the project upon conveyance through a sand/oil separator which serves to
clean discharge water prior to reintroduction into existing systems. While all stormwater in this vicinity is
discharged into Mill Ditch, the post-development discharge will be divided between the City storm
system and detention pond outfall. All site storm water (with exception to the canopy) will be treated
prior to leaving the project boundary.
We are requesting a modification to allow storm water drainage from the storm water dentention pond
into Mill Ditch.
Landscape Design
The landscape design for the Town Pump located at 803 E. Main Street meets the city of Bozeman UDC
and design objective plan. This site requires a minimum of 23 points for the landscape according to the
Bozeman UDC. We achieved this by enhancing the parking lot area landscaping with additional trees and
shrubs to get 10 points. We also designed 2 yards for 10 points (5 points for each yard) the north and
south yards were used to enhance the appearance of the project. Multiple moss rock boulders are
designed into the landscape for 5 points for installing large boulders. Additional landscaping for parking
lot screening and plantings along the foundation of the structure along with pedestrian friendly features
such as sitting walls create a quality environment. The use of fast growing hardy trees and shrubs that
have shown to thrive in the Bozeman climate shall be installed. With the use of evergreen trees, mixed
variety of large canopy trees, Aspen and multiple varieties of flowering trees and shrub this site should
have seasonal color and year round screening of the site. The detention areas have been enhanced with the
use of water tolerant trees, shrubs, sedges, grasses and boulders and should create a natural feel and a
visual improvement to a necessity of the site.
Building Design
It is very important to be a good neighbor within the community and as such, we have designed our site
and building to provide a safe, friendly, and aesthetically pleasing atmosphere for both Town Pump
customers and employees. Special care has been taken in the design of the building and canopies to create
a unique look that will both complement and enhance the surrounding area. This innovative new design
draws on regional design traditions, taking extra care with the massing, proportions and organization of
forms and elements. The building has distinctive roof forms, including sloping, pitched roofs as well as
flat roofs with varied parapet heights and cornices in scale with the wall elements. These reflect the
design traditions of historic Bozeman and have a more regional urban character. The use of natural
materials, careful detailing, and selection based on durability, maintenance, and aesthetic concerns are a
deviation from the typical fueling stations.
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Development Review Application
Town Pump Bozeman #1
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Building Design (cont’d)
The building provides a transition from the automobile to the pedestrian with the entrances designed at a
human scale with thoughtful massing and detail. Entrances are clearly identified and oriented to the
pedestrian. From a distance, the building and canopies will provide visual interest to people in vehicles as
well as pedestrians, by orienting the building to face the users and also the streets.
The change of materials at different building sections reduces the perceived mass of the building while
using a cohesive material palette. Materials of brick, fiber cement siding and metal roofing were selected
not only for architectural character but also for low maintenance. See photos of representative building
materials in this report.
The main level of the building is designed to support fuel and convenience sales. The upper floor of the
building is to be used for storage and mechanical equipment related to the building function. The
mechanical equipment will be inside the upper levels or located on the rooftop and screened with the
parapet.
The gas station canopy is coordinated with, but subordinate to, the main building design. Low profile,
pitched roof canopies relate to the rest of the building. We are asking for a deviation on the canopy for
21.6’ max. height. More information is available on this in Deviations and Variances section.
Signage will be subordinate to the landscaping and buildings. At this time, we do not have the signage
package designed, but it will follow the requirements of the City of Bozeman. The Town Pump signage
layout from the Baxter & 19th store is included in the Signage section. The final signage will be very
similar to this.
Service entrances and waste disposal are on the back side of the building and away from the major streets.
- End of narrative -
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Definitions from Bozeman UDC for reference
Sec. 38.10.050. - Yards.
A. Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
a. Front yard: seven feet, except along arterials where minimum is 25 feet.
b. Rear yard: ten feet.
c. Side yards: five feet (except zero lot lines as allowed by section 38.21.060).
2. Parking and loading areas:
a. Front yard: 25 feet.
b. Rear yard; ten feet.*
c. Side yards: eight feet.*
*Side and rear yards for parking may be allowed to be zero feet when coordinated parking arrangements between
adjacent properties is provided.
3. The purpose of differentiated yard setback requirements is to encourage the placement and
development of buildings in a manner to address the street and adjacent pedestrian activity
and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this chapter.
5. Rear and side yards adjacent to alleys shall be at least five feet.
Sec. 38.17.060. - Design criteria and development standards in entryway corridors
A. In addition to the standards of article 19 of this chapter, the following general design criteria and
development standards shall apply to all development occurring within the areas described in section
38.17.030
1. The proposed development shall also comply with all applicable design standards and guidelines,
including the design objectives plan for entryway corridors.
2. Setback, parking, building and landscape standards.
a. The setback from any entryway corridor roadway right-of-way shall be landscaped, including the
screening or buffering of parking areas, through the use of berms, depressed parking, native
landscape materials surrounding and within parking areas, or other means in order to preserve the
area's natural views.
b. In addition to the qualitative design standards and guidelines in the design objectives plan for
entryway corridors, parking areas and buildings shall:
(1) Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way; or
(2) Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way.
(Ord. No. 1645, § 18.30.060, 8-15-2005; Ord. No. 1709, § 8(18.30.060), 7-16-2007; Ord. No. 1769, exh.
F(18.30.060), 12-28-2009)
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Sec. 38.42.1190. - Front yard
A yard extending across the full width of the lot between two side lot lines, the depth of which is the least distance
between the street right-of-way and the front building line.
(Ord. No. 1645, § 18.80.1160, 8-15-2005; Ord. No. 1693, § 29(18.80.1160), 2-20-2007; Ord. No. 1761, exh.
R(18.80.1160), 7-6-2009)
Sec. 38.42.2240. - Parking area
An area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
(Ord. No. 1645, § 18.80.2190, 8-15-2005; Ord. No. 1693, § 29(18.80.2190), 2-20-2007; Ord. No. 1761, exh.
R(18.80.2190), 7-6-2009)
Sec. 38.42.2560. - Rear yard
A yard extending across the full width of the lot between the two side lot lines, the depth of which is the
distance required by this chapter between the rear property line and the rear building line.
(Ord. No. 1645, § 18.80.2510, 8-15-2005; Ord. No. 1693, § 29(18.80.2510), 2-20-2007; Ord. No. 1761, exh.
R(18.80.2510), 7-6-2009)
Sec. 38.42.2790. – Setback
The distance from the property line to the nearest part of the applicable building, structure or sign, measured
perpendicularly to the property line.
(Ord. No. 1645, § 18.80.2740, 8-15-2005; Ord. No. 1693, § 29(18.80.2740), 2-20-2007; Ord. No. 1761, exh.
R(18.80.2740), 7-6-2009)
Sec. 38.42.2800. - Setback line
That line that is the required minimum distance from the street right-of-way or public access easement line or any
other lot line that establishes the area within which structures must be placed, as specified in this chapter.
(Ord. No. 1645, § 18.80.2750, 8-15-2005; Ord. No. 1693, § 29(18.80.2750), 2-20-2007; Ord. No. 1761, exh.
R(18.80.2750), 7-6-2009)
Sec. 38.42.2850. - Side yard
A yard extending between the front building line and the rear building line, the width of which is the least distance
between the side lot line and the nearest part of the principal building.
(Ord. No. 1645, § 18.80.2800, 8-15-2005; Ord. No. 1693, § 29(18.80.2800), 2-20-2007; Ord. No. 1761, exh.
R(18.80.2800), 7-6-2009)
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Exis t i n g building
Existi ng ca n o p y
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218
Existing b ui l d i n gExisting canopy
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220
221
222
223
224
225
226
227
228
229
230
GFRC231
232
233
234
Unit Size Capacity Weight
31” H
25 ½” W
23 ¼” D
35-Gallons 28#
Carton Size # Cartons Shipped Dimensional Wt. Carton Wt.
23”L
25”W
31¼”H
(1) via UPS 95#
29#
Cayman 1 (Single-Sided Hex Waste/Windshield Service Center)
Item#:
755201 – Black
B/L Description: Plastic Art 156600-03 SUB 2-4 PCF CL250
Material Process: Blow-Molded with HDPE
Standard Inclusions: (1) Removable water bucket (1) Squeegee
• Ships at Dimensional Weight.
The Cayman 1 is a combined washer unit, waste receptacle, and towel dispenser that utilizes limited space. The Cayman 1 is
a durable unit that is user friendly with a large opening.
o 35-gallon trash capacity, uses 39-gallon trash bags
o Embossed message, “Please Don’t Litter” on lid o Unique hexagon shape is a registered trademark of DCI Marketing, Inc.
o Interior Splash Guard that protects the towels from trash
o Standard size towel dispenser, accommodates 1 or 2-ply folder paper towels, suggested towel size: 10” x 10”
o Removable water bucket, 2-gallon capacity
o Lift-off lid for easy trash removal includes patented Grab Bag™ system secures trash bag in place
o Molded from long-lasting polyethylene; won't rust, dent or chip
o Plastic is approximately 1/8” thick
o 50% post consumer recycled content
o Made in U.S.A
o 1-year warranty
DCI Marketing, Inc.
2727 West Good Hope Road
Milwaukee, WI 53209
PH: 800-782-7273 FAX: 800-443-7489
www.commercial zone.com cpservice@dcim.com
Made with at least 25 % post consumer recycled material
Product is ADA compliant Optional security hardware is available
24 ½”
9 ½” hexagonal
opening
Embossed
“Please Don’t Litter”
Standard towel dispenser
Suggested towel size
10”x10” 31”
Removable water bucket
2-gallon capacity
Patented Grab Bag™
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237
B r i c k V e n e e r238
M e t a l A w n i n g s a n d W i n d o w F r a m e s239
Board & Batt Siding 240