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Application Z13272 Staff Report for the Safeway Fuel Conditional Use
Permit and Certificate of Appropriateness.
Date: City Commission Public Hearing January 27, 2014
Project Description: A Preliminary Conditional Use Permit and Certificate of
Appropriateness application to allow the demolition of the existing casino, the construction of six fuel islands including 12 fuel dispensers with canopy and a kiosk on
one lot, the construction of a retail tenant space sharing a zero lot line common wall and
parking on a second lot located at the northeast corner of North 19th Avenue and West
Main Street, Application Z13272
Project Location: 1801 West Main Street
Recommendation: Approval with conditions and code provisions
Recommended 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 Z13272 and move to approve the conditional
use permit with certificate of appropriateness with conditions and subject to all applicable code provisions.
Report Date: Tuesday, January 21, 2014
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action-Quasi Judicial
SECTION 1 - EXECUTIVE SUMMARY
Safeway, Inc. and the existing casino property owner have submitted an application to demolish the casino building and close the existing vehicular access locations at the northeast
corner of N. 19th Avenue and W. Main Street and incorporate a fueling facility and retail
building to be constructed on the property.
The proposed auto fuel sales use requires a conditional use permit in the B-2 Community Business District and requires a public hearing. No written public comment has been received to date.
The Development Review Committee and Design Review Board at their respective January
8, 2014 meetings voted unanimously to recommend approval of the application with the
conditions and code provisions identified in this report.
There are no unresolved issues.
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TABLE OF CONTENTS
SECTION 1 - EXECUTIVE SUMMARY ............................................................................... 1
SECTION 2 - UNRESOLVED ISSUES .................................................................................. 2
SECTION 3 - ALTERNATIVES ............................................................................................. 2
SECTION 4 - LOCATION AND ZONING MAP ................................................................... 3
SECTION 5 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 4
SECTION 6 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 5
SECTION 7 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 8 - STAFF ANALYSIS........................................................................................... 7
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 7
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 11
Bozeman Entryway Corridor Overlay District Review Criteria ....................................... 13
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 14
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 18
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 20
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 20
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 20
ATTACHMENTS ................................................................................................................... 20
SECTION 2 - UNRESOLVED ISSUES
There are no unresolved issues with this application.
SECTION 3 - ALTERNATIVES
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP and COA 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.
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SECTION 4 - LOCATION AND ZONING MAP
.
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Retail; zoned B-2 Community Business District
South: Retail, automobile sales; zoned B-2 Community Business District
East: Retail, grocery; zoned B-2 Community Business District
West: Vacant, planned retail; zoned B-2 Community Business District
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SECTION 5 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1) All portions of property legally described as Lot 2 of the Amended Subdivision of Tracts A and B of the Amended Subdivision Plat of a portion of Block 1 of Kirk’s Section Subdivision, City of Bozeman, Gallatin County, Montana 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 plan approval.
2) There shall be no use of the building, including public access, product 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 may allow the installation of racks, shelving, and other display
fixtures prior to occupancy.
3) The applicant shall submit a written narrative outlining how each of the conditions of approval and code provisions has been satisfied with the final plan application.
4) The proposed boulevard sidewalk along North 19th Avenue shall be extended from the
drive access north to the pedestrian connection to Lot 1A and shall include a landscaped
boulevard with street trees between the pedestrian way and the street.
5) Final details and sections of the raised planters and concrete seat walls including construction materials and finishes shall be submitted with the final plan in order to verify compliance with the preliminary site plan submittal and the Bozeman Design
Objectives Plan.
6) A color palette for the new construction including the building and fueling canopy that
includes actual material samples, manufacturers product information as applicable, and color chips shall be submitted for review and approval by the Department of Community Development as part of final plan approval in order to verify compliance with the
preliminary site plan submittal, the Bozeman Design Objectives Plan and that no shiny
materials are being proposed that may impact adjacent residential properties or public
streets. The materials/color palette shall be presented on a board no larger than 24” x 36” and contain all the primary materials to be utilized on the building including window frames/glazing and doors (incl. garage). All final building elevations and details shall be
keyed to the color palette to delineate where each individual building material and color
is specified. The palette shall be returned to the applicant following approval.
7) At this time the City has not received the 2013 annual accident report for the existing accesses onto Main Street for the Safeway site. These annual reports were a condition of approval with the original Safeway site plan. The 2013 annual accident report must be
submitted prior to Final Site Plan (FSP) approval.
8) Approval from the Montana Department of Transportation (MDT) must be granted for all
proposed work to be performed within the Main Street and N. 19th Avenue Right of Way.
9) A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing
Code shall be installed with any development responsible for food preparation. In
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accordance with Municipal Code, on-site maintenance and interceptor service records
shall be kept on a regular basis and made available to the City upon request.
SECTION 6 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. Section 38.22.060.A.1 requires that the design of the canopy shall architecturally match the
design of the main building. The applicant shall confirm that the prefinished metal or
aluminum proposed for the canopy fascia is to be provided in a flat finish as specified for
the other details on the main building and the canopy cornice trim.
B. Section 28.23.150.D.4 BMC outlines the requirements for gas pump area lighting. The area
is designated with light surroundings and has a maximum average luminance under the pump
island of 10 maintained footcandles. No detailed fueling canopy specific photometric
lighting information was submitted with the preliminary plan. These details are required
with the final plan application. The lighting analysis for the pump island shall be
submitted independent of the site analysis to determine compliance with this specific
section.
C. Section 38.23.170 BMC 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). Final approval of the trash
enclosure is required by the Sanitation Superintendent prior to final plan approval.
D. Section 38.26.050.E BMC Street Frontage Landscaping Required. Street frontage
landscaping required.
1.Except in R-S districts, all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be
landscaped, as defined in this chapter, and shall include one large canopy tree for each 50
feet of total street frontage rounded to the nearest whole number. When this requirement
conflicts with other requirements of this chapter or other portion of this Code the review
authority may relax this standard to reach an optimal balance in public interests.
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a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by
the forestry department. Street trees must meet the arboricultural specifications and standards
of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree
advisory board, publishes a pamphlet listing acceptable species and proper planting methods.
Prior to planting street trees, a permit from the forestry department is required.
2.Where it may be impractical or difficult to plant large canopy trees within the public right-
of-way (due to the presence of overhead power lines, for instance) the requirement for one
large canopy tree for each 50 feet of street frontage may be substituted with two small
ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for
use in public rights-of-way are those accepted by the forestry department.
3. The minimum quantity of trees and other landscaping required and provided in the public
right-of-way as described herein shall be designed to complement on-site landscaping and to
enhance the proposed development project and the streetscape. There appears to be room
within the proposed boulevard along N. 19th Avenue and West Main Street to provide street
trees outside of required site vision triangles.
E. Section 38.28.030 BMC provides the list of prohibited signs. Flashing, blinking, or animated
signs or LED or other electronic messaging signs are not allowed. The proposed fuel pricing
signage shall not be an LED or electronic messaging type sign. The final plan shall
provide details and specifications for the proposed fuel pricing signage.
F. Section 38.28.060.A.1 BMC outlines the maximum allowed signage for a lot as defined in
Section 38.42.1670 which states that when one or more lots are held in common ownership
they shall be treated as a single lot for the purposes of development review and evaluation of
compliance with the standards of this chapter. The maximum allowed signage per lot in the
B-2 District is 400 square feet. The grocery store and fueling canopy/kiosk lot are assumed
to be in the common ownership of Safeway and are subject to this maximum. The existing
Safeway building has 399 square feet of permitted signage.
G. Section 38.28.060.A.1.BMC states that one freestanding sign is permitted per zoned lot. A
pole style freestanding sign shall be setback a minimum of 15 feet with a maximum height of
13 feet. The proposed freestanding sign exceeds the maximum height of 13 feet.
H. Section 38.42.2130 BMC provides the definition of off-premises sign which reads “A sign
which advertises or directs attention to products or activities that are not provided on the
parcel upon which the sign is located.” If the lots are reconfigured according to the lot
layout shown on the preliminary plan and the lot with the retail building on it is not owned
by Safeway, the proposed new pylon sign location for Safeway would be considered an off-
premises sign and not be allowed per Section 38.28.150 BMC.
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SECTION 7 - RECOMMENDATION AND FUTURE ACTIONS
Application Z13272:
Safeway Fuel Conditional Use Permit and Certificate of Appropriateness
Development Review Committee
The Development Review Committee (DRC) reviewed the application on December 4 and 11, 2013 and completed the review with a recommendation of conditional approval on January 8, 2014. This formal application follows an informal application that was submitted
and reviewed by the Development Review Committee and Design Review Board in June of
2013. The applicant has responded to a majority of the issues identified during the informal
review, as such, the application is presented with few conditions and minor code provisions that must be addressed at the final plan review step follow this preliminary review.
Design Review Board
The Design Review Board (DRB) reviewed the application at their January 8, 2014 meeting.
The DRB is the designated design review advisory body to the City Commission on this application. The DRB recommended conditional approval of the application with the findings and conditions provided in the DRB staff report and that are included in this report.
City Commission
The City Commission is scheduled to hold a public hearing and review the application at
their January 27, 2014 meeting.
SECTION 8 - STAFF ANALYSIS
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
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.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed site plan as conditioned is in general compliance with this criterion. See also
Appendix B.
2. Conformance to this chapter, including the cessation of any current violations
The project is generally conforming to the standards as presented and will comply fully with identified conditions and code requirements. See also Section 3 of this report above for a
listing of specific points which need to be addressed to achieve full compliance.
3. Conformance with all other applicable laws, ordinances, and regulations
No non-conformities are identified. Some additional steps are required to demonstrate
compliance as the project moves forward. Applications for final plan(s), building permits, storm water permits, and State permits for access will be made in due time. All permits must
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be in hand before construction will be approved. Appendix A has advisory information to
help ensure these are not forgotten.
4. Relationship of site plan elements to conditions both on and off the property
Building placement and other site plan elements depicted on the submitted plans appear to be reasonably related to adjacent and on-site conditions. The building and fueling canopy is
compatible with and sensitive to the immediate environment of the site and the adjacent
neighborhoods and other approved development relative to architectural design, building
mass and height, neighborhood identity, landscaping, orientation of buildings on the site and
visual integration. The design and arrangement of the elements of the plan (e.g., building, access, circulation, outdoor spaces, and landscaping, etc.) are such that activities are
integrated with the organizational scheme of the community, neighborhood, and other
approved development and they produce an efficient, functionally organized and cohesive
development. The building is proposed to be placed on the lot in close proximity to the
minimum street setbacks along North 19th Avenue and West Main Street. Vehicular access to the use and building is primarily from existing access locations permitted with the Safeway grocery development and conforms to standards.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
An updated traffic analysis was provided to the Engineering Division for this project due to the nature of the proposed auto fuel sales use. The study found that trips to the site will increase from the existing trips for the casino, but that impacts from the additional traffic will
be offset by the closure of the existing accesses to the property. The study notes that a
substantial portion of the trips to the fuel facility will be generated by Safeway store
customers. The study notes the adequacy of the existing accesses to the site and the general street network to accommodate the traffic generation from the proposed use. Parking is being provided in accordance with regulations.
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6. Pedestrian and vehicular ingress and egress
The two existing accesses for the property are proposed to be closed. The proposed vehicular
accesses conform to access spacing and other applicable standards as the proposal is to use
existing access locations that were previously permitted with the Safeway grocery development in Application Z10239. Staff notes a condition of approval that requires that
Safeway provide reporting for the easternmost access to the Safeway site along West Main
Street that was conditioned during the site plan review for the grocery building in
Application Z10239. Safeway’s engineer has contacted the Montana Department of
Transportation to acquire the data for the access analysis and is currently completing the report. Pedestrian access is provided from the street frontage pedestrian sidewalks into the
site in multiple places. An internal pedestrian connection to the Safeway Grocery store is
provided for safe pedestrian circulation on site. Perimeter sidewalks are proposed to be
constructed as boulevard sidewalks in accordance with standards. Conditions of approval 4,
5, and 7 apply to this issue.
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
The proposed landscaping appears to meet the minimum landscaping performance points and
mandatory landscape standards.
8. Open space
The site is commercial and no parkland or open space is required.
9. Building location and height
The building is proposed to be placed appropriately at the minimum building setback lines.
The fueling canopy in located with a further setback from the street frontages and interior to the site. The proposed height of the building complies with the overall district restrictions of
a maximum of 38 feet for the building and 18 feet for the fueling canopy. An advisory code
provision is provided to note that a floor to ceiling height of 12 feet is required for all
commercial uses on the ground floor in the B-2 District.
10. Setbacks
The proposal complies with all applicable setbacks.
11. Lighting
The fixture cutsheets and photometric plans submitted to date comply with code
requirements. Staff does not have adequate information regarding fueling canopy lighting
photometrics to confirm compliance with code requirements. Code provisions requiring correction apply to this issue.
12. Provisions for utilities, including efficient public services and facilities
No new extensions of infrastructure are required with this project. Some repair of existing
infrastructure is anticipated to stormwater and sanitary sewer to provide adequate service for
this project. Connection of the proposed building to existing mains will follow standard procedures and requirements.
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13. Site surface drainage
The site drains to the existing perimeter streets. The City Engineering Department has
reviewed the surface drainage and stormwater provisions for the project. Onsite stormwater
infrastructure improvements are required. A final grading and drainage plan is required with the final plan application. Follow up stormwater permitting is required.
14. Loading and unloading areas
No designated loading zone is provided or required for the proposed uses.
15. Grading
Due to the relative flat nature of this property, substantial grading is not proposed with the project. Some grading will be required to adjust the grade at the intersection of West Main
Street and North 19th Avenue and will improve overall pedestrian site access, drainage, and
utility access to the site.
16. Signage
The applicant has proposed generalized sign details as part of this submittal. As a multi-tenant building, a comprehensive sign plan for the entire project will be required prior to any
individual sign permits being issued. This item is addressed under the cited advisory code
provisions. A formal sign permit is required before any sign installation. The proposed pylon
sign meets setbacks, but exceeds the maximum height of 13 feet. Code provisions requiring
correction apply to this issue.
17. Screening
Rooftop mechanical equipment is proposed to be screened by the primary building parapet.
Any such mechanical equipment that may be proposed later must be screened per the
municipal code. This item is addressed under the advisory code provisions.
18. Overlay district provisions
The site is located in the Entryway Corridor Overlay district. Analysis of these issues is
presented below under the Applicable Design Objectives, Section 38.17 BMC.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or
use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
This site is on one lot. A subdivision exemption process to adjust common boundaries on the
site will be required prior to final plan approval to accommodate the lot layout proposed by
the application. Condition 1 applies to this issue.
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21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable. The project is proposed as one phase.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity;
The site is adequate in size and topography to accommodate the use and the project relates to
the other land and uses in the vicinity. Staff incorporates the plan review findings presented
above in Section 38.19.100 as supporting evidence.
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 has not identified any hazards to the public health and safety and finds that the
application generally complies with the Unified Development Code and the design guidelines
within the Design Objectives Plan for Entryway Corridors as conditioned.
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 and correction of the identified code provisions, staff finds that the proposed use
will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise.
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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:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. 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. These conditions are
imposed to comply with zoning requirements and the City’s adopted design guidelines and
are not directly related to the conditional use criteria.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing,
and shall be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. Items b and c of the advisory code
provisions apply to this issue. A document to be recorded will be provided by the City
following preliminary approval.
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Bozeman Entryway Corridor Overlay District Review Criteria
Applicable Design Objectives, Section 38.17 BMC
The property under consideration is located within the boundaries of the Entryway Corridor
Overlay District, specifically the West Main Street corridor which is oriented in an east-west alignment and stretches from North 7th Avenue on the eastern edge to Ferguson Road on the
west; and the North 19th Avenue and Oak Street corridor which includes 19th Avenue (south
of Durston).
In accordance with the provisions of Sec.38.17.030.A.2 BMC, this property falls under Class
II which includes all development wholly or partially within the lesser of one city block or 330 feet of the centerline of Main Street, west from Seventh Avenue to Ferguson Road, and
Nineteenth Avenue, south from Durston Road to the city boundary. Administrative Design
Review staff has reviewed the submitted application against the Bozeman Design Objectives
Plan dated February 14, 2005, and finds the plan in general compliance with the following
exceptions:
Neighborhood Design Guidelines (pages 9-14)
“This chapter focuses on urban design concepts that connect individual properties and help
knit them into the fabric of a neighborhood.”
Ch.1.A Green Space
Policy: “…the green space of an individual parcel should be coordinated with that of adjoining properties as well, such that mutual benefits can be maximized.” Guidelines 2.
(Pg.11) Enhance high quality green space when it exists in key locations. Staff finds the
connection with the adjacent parcel to the north has not been coordinated. The proposed
sidewalk along North 19th Avenue and parallel with the building is not coordinated with the
adjoining parcel to the north. The intent of the condition is to continue the sidewalk and boulevard north to connect with the sidewalk and bridge at Lot 1A. Furthering this
connection would reinforce the pedestrian way along 19th, and offer a landscaped, protective
barrier with a boulevard for bicyclists and pedestrians. Condition of Approval 4 applies to
this issue.
Site Design Guidelines (pages 15-36)
Ch.2.F Building Placement
Guidelines 2. (Pg. 22) “Where a major intersection occurs, provide a building anchor at the
corner.”…Enhancing the corner with a pedestrian-friendly entrance plaza is also
encouraged...this may include human scaled design features such as benches and planters.”
The design as proposed includes an expansive plaza at the intersection of North 19th Avenue and West Main Street. The plaza is defined through the use of raised planter beds with
concrete seat wall in a circular form. Plans indicate a fuel pricing monument sign centered in
the pedestrian plaza. Because of the importance of the design character at this intersection,
opportunity exists to enhance the corner and make an identifying statement for both the
Safeway brand name and the community. A pedestrian plaza has been proposed as part of the preliminary plan. Staff recommends a condition that requires further clarity in the plaza
design to be submitted with the final plan. Condition of Approval 5 applies to this issue.
Corridor Specific Guidelines (pages 57-102)
Because this intersection and this project site fall within two significant entryway corridors,
particular consideration should be given to the design objectives and design guidelines for
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each corridor and the significance and precedence development at his intersection will have
on future development.
West Main Street
“The West Main Commercial Corridor is oriented in an east-west alignment. It includes a portion of West Main Street, which stretches from the intersection with North 7th Avenue at
its eastern end, and continues on as Huffine Lane to Cottonwood Road on the western
edge…”
“At key points, gateway features should be established to signal arrival.”
“Public art and plazas also should be promoted to provide visual accents along the corridor.”
Ch. 5.C Guidelines for West Main Street
Guideline 5 (Pg. 67) “the following streetscape elements would be appropriate in this
corridor: Street trees. No Street trees were proposed with the application. Staff has
identified room to provide these trees on North 19th Avenue and West Main Street. These
should be installed in the MDT (Montana Department of Transportation) right-of-way.” A code provision requiring correction and condition of approval 8 applies to this issue.
North 19th Avenue and Oak Street
This project also falls within the boundaries of this corridor. 19th Avenue (south of Durston)
is classified as a Class II entryway. All development that is partially or wholly within 330
feet of the centerline of this roadway is subject to design review.
Ch. 5.E Guidelines for North 19th Avenue and Oak Street
Guideline 4 (Pg. 72) “A detached pedestrian and bike boulevard trail shall be provided in the
setback.” The boulevard trail is not continuous along North 19th Avenue. The boulevard
sidewalk shall be continued north to connect with the sidewalk and bridge at Lot 1A.
Furthering this connection would reinforce the pedestrian way along 19th, and offer a landscaped, protective barrier with the boulevard for bicyclists and pedestrians. Condition of approval 4 applies to this issue.
Administrative Design Review staff and the Design Review Board have reviewed the
submitted application for the new construction and site improvements against the City of Bozeman Design Objectives Plan, February 14, 2005, and find the plans in general compliance except as noted above.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other
process step.
a. Section 38.10.060.A.4 BMC requires that in all districts (B-1, B-2, B-3), all commercial floor space provided on the ground floor of a building shall have a minimum floor-to-ceiling height of 12 feet.
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,
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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 BMC requires the applicant to submit a final plan within 6 months of
preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Department of Community Development. The director will
set the required number of copies.
e. Section 38.19.120 BMC requires that the final 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 38.19.120.D BMC states that the project must be completed 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 Community
Development Director.
g. Section 38.19.160 BMC states that a Building Permit must be obtained prior to the work,
and must be obtained within one year of final plan approval. Building Permits will not be
issued until the final plan is approved.
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h. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and
ground mounted equipment shall be screened with walls, fencing or plant materials. The
final plan shall contain a notation 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.”
i. Section 38.28.060.A.3 BMC requires a sign permit to be obtained prior to establishing a permanent sign.
j. Section 38.28.060 BMC outlines the amount of permitted signage for the property for both the building. A sign permit shall be reviewed and approved by the Department of
Community Development prior to the construction and installation of any on-site signage.
k. Section 38.28.080 BMC states that a comprehensive sign plan shall be submitted for all
commercial, office, industrial and civic uses consisting of two or more tenant or occupant
spaces on a lot or two or more lots subject to a common development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this article, the underlying zoning regulations applicable to the property and any discretionary
development permit or plan for the property. The plan should include the size and
location of buildings and the size and location of existing and proposed signs. The
purpose of the plan is to coordinate graphics and signs with building design.
l. Section 38.39.030 BMC requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all improvements 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.
m. Plans and Specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE), 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.
n. Section 38.41.080.2.g.9 BMC requires a grading and drainage plan, including provisions
for on-site retention/detention and water quality improvements facilities as required by the engineering department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the city. 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. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an
Z13272, Staff Report for the Safeway Fuel CUP/COA Page 17 of 20
application form, the appropriate fee, and a Storm Water Management Plan in
compliance with the City of Bozeman’s Storm Water Management Ordinance #1763.
The SMP is independent of any other storm water permitting required from the State of
Montana. A State of Montana Storm Water Pollution Prevention Plan (SWPPP) may be submitted instead of a City of Bozeman SMP, however the City of Bozeman fees still
must be submitted. All necessary City of Bozeman forms and permits can be found on
the City’s website at www.bozeman.net.
o. Section 38.41.080.g.7 BMC requires sewer and water services shall be shown on the final
plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for
service shall be completed by the applicant.
p. Section 34.04.010 BMC requires City standard sidewalk to be installed and properly depicted at the standard location (i.e. 1 foot off property line) along the street(s) frontage.
Any deviation to the standard alignment or location must be approved by the City
Engineer.
q. Section 38.23.060.C BMC specifies easements for the water and sewer main extensions
shall be a minimum of 30 feet in width, with the utility located in the center of the
easement. In no case shall the utility be less than 10 feet from edge of easement.
r. Section 38.25.020.J BMC outlines the provisions for concrete curbing for any proposed parking lot. Concrete curbing shall be provided around the entire new parking lot
perimeter and adequately identified on the final site plan per section 38.41.080.g.17
BMC.
s. Adequate snow storage area must be designated outside the sight triangles, but on the
subject property (unless a snow storage easement is obtained for a location off the
property and filed with the County Clerk and Recorder's office).
t. Section 38.23.060 BMC requires all existing utility and other easements be shown on the final site plan.
u. Section 38.24.100 BMC outlines the requirements for drive approach and public street
intersection sight triangles. All sight triangles shall be free of obstructions, including
plantings which at mature growth will obscure vision within the sight triangle.
v. Section 38.41.080.g.11 BMC requires the drive approach to be constructed in accordance
with the City’s standard approach (i.e. concrete apron, sidewalk section, and drop-curb)
and shown as such on the final site plan.
w. All trees must be at least 10 feet from any public utilities or service lines. All public utilities and services lines must be shown on the Final Landscaping plan.
x. Section 38.41.020 BMC outlines additional permits that may be required beyond what is
administered by the City. The Montana Fish, Wildlife & Parks, Natural Resources
Conservation Services, Montana Department of Environmental Quality, and Army Corps
of Engineer's shall be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval.
Z13272, Staff Report for the Safeway Fuel CUP/COA Page 18 of 20
y. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
z. All construction activities shall comply with section 38.39.020.A.2 BMC. 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.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-2” (Community
Commercial District). The intent of the B-2 community business district is “to provide for a
broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation: Community Commercial Mixed Use: 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.
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They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential
uses are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
A Preliminary Conditional Use Permit and Certificate of Appropriateness application to
allow the demolition of the existing casino, the construction of six fuel islands including
12 fuel dispensers with canopy and a kiosk on one lot, the construction of a retail tenant space sharing a zero lot line common wall and parking on a second lot located at the
northeast corner of North 19th Avenue and West Main Street.
The existing access locations to the property are proposed to be closed with
redevelopment. The site will be accessed via existing permitted access locations along
West Main Street and North 19th Avenue.
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.
The Safeway development that included the Safeway Grocery building and tenant
outbuilding was constructed in 2011 following approval of the Safeway site plan, certificate of appropriateness with deviations application Z10239 in 2010.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Noticing was provided at least 15 and not more than 45 days prior to the expected decision
by the City Commission. No public comment has been received to date.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: BHD Partners, PO Box 6429, Bozeman, MT 59771
Applicant: Safeway Inc. c/o Jeff Parker, 1121 124th Avenue N.E., Bellevue, WA 98005
Representative Barghausen Consulting Engineers c/o Dan Goalwin, 18215 72nd Avenue, South
Kent, WA 98032
Report By: Brian Krueger, Development Review Manager; Dustin Johnson, Development
Review Engineer; Pat Jacobs, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
Design Review Board minutes from January 8, 2014
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MINUTES DESIGN REVIEW BOARD
WEDNESDAY, JANUARY 8, 2014
5:30 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pentecost called the meeting of the Design Review Board to order at 5:35 p.m. in the
upstairs conference room of the Alfred Stiff Professional Building, 20 East Olive Street, Bozeman, Montana and took the attendance.
Members Present
Michael Pentecost, Chairperson
Bill Rea Lori Gardner
Lessa Racow
Mel Howe
Walt Banzinger
Members Absent Mark Hufstetler
Scott Bechtle
Staff Present Pat Jacobs, Associate Planner
Brian Krueger, Development Review Manager
Visitors Present
Christian Soltendiek, CS Sign Corp. Jeff Parker, Safeway
Doug Livingston, Safeway
Dan Goalwin, Barghausen Consulting Engineers
Stan Griswold, The Land Group
ITEM 2. MINUTES OF NOVEBMER 20, 2013 Motion: Mr. Rea moved, Mel Howe seconded, to approve the minutes of 11/20/13 as presented.
Board approved minutes.
ITEM 3. PROJECT REVIEW 1. Safeway Fuel CUP/COA #Z-13272 (Krueger/Johnson)
1801 West Main Street
* A Conditional Use Permit with a Certificate of Appropriateness to allow the
demolition of the existing casino, a lot line adjustment, construction of six fuel islands including 12 fuel dispensers with canopy and a kiosk on one lot in
addition to the construction of a new retail building sharing a common wall and
parking with the kiosk.
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Development Review Manager, Krueger: Can we take a quick attendance for the record?
Development Review Manager, Krueger: I will do a quick introduction and turn it over to
Administrative Design Review Staff, Pat Jacobs, who reviewed the project against the Design Objectives Plan. Mr. Krueger reviewed history of said location and the plans for the proposal to
incorporate the corner building into the Safeway development. So the proposal at hand is a
Conditional Use Permit (CUP) Application, for auto fuel sales in the B-2 Community
Community Business Zone. A CUP is required for auto fuel sales in this zone. The proposal is
to demolish the existing casino use, it will not be relocating or incorporated into this project; it will simply be demolished and proposed to be replaced with a fueling use associated with the
Safeway grocery building, a kiosk that will be used for convenience type retail use related to the
fueling and a tenant space similar to what was proposed with the existing building along 19th for
a future user. In B-2 it could be a restaurant, retail, personal and convenience services (salon) or
something else, but we don’t have a tenant for the space proposed. We are here this evening to ask the Design Review Board (DRB), for a recommendation to the City Commission on this
project. A CUP requires approval from the City Commission, and in that case the DRB is tasked
with making a recommendation on the design aspects of the project. The current proposal has
incorporated many of the aspects of the design that was discussed during an informal project
meeting in June of last summer. There are some aspects that are proposed in the Staff report that will be conditions or points of discussion tonight. There a couple things that we may touch on
that have come up since the Design Review Board report was issued; we discussed those this
morning during the Design Review Committee (DRC) and those relate to the signage and overall
sign area and the restrictions associated. Specifically the sign proposed on the corner of 19th
Avenue and Main Street. In the application they are proposing to reconfigure lot lines through this process to get a zero lot line through the building to separate the retail portion of the building
which is directly on corner of Main Street and 19th Avenue, and the associated parking to be on
its own lot. This is similar to what was achieved on the existing outbuilding which has a salon
and frozen yogurt shop, and that would be potentially possible if the lot lines were adjusted. If
that parcel was sold we may end up with a Safeway sign on an adjacent parcel. There are some nuances there, but code typically does not allow off premises signage, if the retail lot were sold
we would have an off premise sign. With that, the findings are in the report and we are generally
recommending approval, there are some code previsions that are related to lighting and we have
received some updated information from applicant that they will show you. Our goal early in the
review process is to have Safeway incorporate as many changes as possible into the application itself before we get to the Commission so we are at a place we can take proposed conditions out
entirely, and/or resolve things prior to the Commission public hearing. I will now turn it over to
Pat Jacobs, and she will walk you through some of the recommendations in the staff report.
Associate Planner Jacobs: I first want to touch on some of the positive aspects of the design because through your input early on and the response by the applicant on some of those
concerns, and the ideas that were presented at that time have been taken to heed and really the
design has progressed substantially. One of the key design features I wanted to follow was the
objectives plan, and my discussion with you tonight starting with the neighborhood, I think
what’s quite positive with the project is the access and the orientation to the overall addressing of the community is be commended. Good outdoor public spaces, have been presented, and a nice
feature of the facility. The building itself, have done a nice job with the orientation of location
on 19th and Main Street. The windows face the street and nice a visual interest for pedestrian
and vehicular traffic. The orientation of the entrances, address both the pedestrian and internal
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site accesses nicely. The building itself, the use of materials, creating height and plan
differentiation breaks up the overall building mass. They also utilized different in materials that
relate to the Safeway but the other outbuilding to the north. The design accomplishes many of
the things we try to strive for. Now I would like to review some of the items we would like to see some additional work. They
fall into three categories, 1) the bicycle and pedestrian connections, 2) the boulevard how the
street is addressed, and 3) the building, the plaza and the signage. There is a fourth element,
mechanical that we can touch on lightly. Let’s start with the Bicycle and Pedestrian
connections; in particular, one of the things we wanted to encourage and is recommended in the plan is the connection not only for the pedestrian internal in the site but from building to
building, and parking lot to building. Currently, they don’t have good connections which were
cited in the analysis. They since have come back to us and have presented an internal
connection, to the East of the building (showed a view of plan). We had a discussion with the
applicant this morning encouraging them to also look as an alternative at a location represented by Mr. Krueger’s drawing. We have done some investigation into it and have determined that if
they could enhance the size of those landscape islands, they could introduce a pedestrian
sidewalk, as well as maintaining a landscape feature. It would allow them to reduce or eliminate
the internal island, in that location and wouldn’t have to reduce parking with the exception of
possibly on space. Those were the two things that are under discussion right now. The position we have regarding the location to the West, is that it provides a nice buffer between the two
facilities, and creates a nice internal harbor for pedestrians and bicycle traffic if need be but,
particularly pedestrians, creating a safe pathway. We are working with the applicant and would
like to hear your feedback on those two concepts and addressing that avenue. Do you have
anything to add Brian? Mr. Krueger: I think the thought process behind requiring an internal connection was both to
connect the site together and look at where the most probable overflow or convenience parking is
going to be for each of the retail use if the spaces are full. By adding the walkway the spaces
around start to function as more quick access parking for this use and if there is a safe pedestrian
way that someone can access here they could very easily jump onto the sidewalk and get to these building entrances, the kiosk and the retail space. Creating a secondary break that would
separate uses but also provide that convenience safe avenue for the people who may be parked in
various areas around site. Proposing something internal accomplishes this for the site.
Mrs. Jacobs: Moving to the boulevard, that was mentioned in the staff analysis, referred back to
the condition #1 in particular. One of the things staff was looking at ways they provided a nice boulevard in front of the new space. We were looking at the connection to the boulevard space
that to the North of the project, there is a gap that occurs at the retail center as shown. One of the
things we have seen like across the street at the CVS site, and one of the things we are trying to
accomplish is a boulevard in that space, as a condition of this approval. It falls within the public
right of way, begins to reinforce that pedestrian connection, separation from vehicular traffic. That is the purpose of that condition. One of the questions that came up is the retention area that
is East of the pedestrian way. What we are talking about is introducing the sidewalk area in that
location.
Mr. Parker: Are we trading the grass and the concrete, is that an incorrect assessment?
Mr. Krueger: No I think the expectation would be to provide a five foot path, and we don’t like
to plant trees, right next to the sidewalk. There are some options; there is enough space there to
angle the boulevard.
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Mr. Parker I’m pulling back my earlier concerns from when we were talking about it in DRC this
morning. I don’t have a problem with this.
Mr. Parker: My only concern is let’s make sure the pedestrian path is closer to the road way at the access because optimum visibility is needed.
Mr. Krueger: This is a traffic provision when planning you do like to have that pedestrian
connection as close to street as possible but this condition is really reflective of what the other
entrances look like. The sidewalk is set back a little bit, but it’s not right on the street.
Mr. Parker: This truck here is a perfect example, where does it stop and the guy trying to get into
traffic who is now blocking the pedestrian. We generally bring the boulevard back to the
driveway and then forward.
Mr. Krueger: I think I will leave this to our engineering department; in essence, Jeff the
sidewalk would be here (points to location).
Mr. Parker: We are not inclined to argue about that further and support the condition.
Mrs. Jacobs: We can work with the client as to what that design will end up being.
The third thing that I mentioned Building, Plaza and Signs, they all kind of go together and what
we are trying to accomplish on this corner. In the discussion with the applicant this morning
about potential sign solutions, as discussed a section cut through plaza. Plaza is a wonderful
design idea, great for the community, nice visual enhancement for retail center. One of the things we are not clear is how will that be detailed, how will it function. One of the things we
spoke about today was the integral bench opposed to separate benches. It would coordinate
what’s going on in the plaza, pull the site back into the building and back and forth. We would
like your feedback on the approach to the bench wall and the twenty four foot expanse of wall
space. This is the only back of business are that we are addressing in this building configuration. One of the things we talked about was how we can integrate things that address the pedestrian in
the designs objective plan, amenities such as bicycle rack, one of the conditional items would be
a second bicycle rack on the East side. They have shown a location next to the entrance of the
Kiosk. Part of the discussion is if the second bike rack could be a design element. This has not
been finalized as of yet. Incorporated with that, looking at that wall, pedestrian, bicycles I go back to the plaza, and one of the things that’s called out in the staff analysis is obviously they are
proposing a well designed plaza. We mentioned the design elements that would have visual
interest in winter as well as other seasons. But as mentioned in your documents is the location of
the monument sign for the fuel pricing. One of the discussions that we had today and that has
now opened up more as we look at the requirements of the sign, based on ownership of the lot and maybe Brian can expand on some of the sign questions. The locations of that sign the
pricing at that significant intersection your input on that is important. We started to have
discussions, of other possible locations, what may better serve the applicant and their use. There
is ongoing discussion and would like your feedback regarding that location, other opportunities
that may exist and any feedback regarding signs. We have a sign shown facing East elevation and one West and 19th in foreground.
Mr. Krueger: One of the difficult discussions about signs is the legal precedent as far as
conditioning the location of a sign. That is something that we can work with the applicant
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collaboratively with but nothing that we would propose a specific condition and probably the
City’s legal department would be directly involved on the dais if the Commission goes in that
direction or if this board looks to provide a condition in that regard. It is something we have to
look very carefully at, as a City and I think we would rather address it as a group rather than something where the City is directing things. That being said, comments on this would be
appreciated just to give some general direction and we noted it as a point of discussion in the
staff report.
Mrs. Jacobs: What is encouraging from this morning is looking at some better solutions for the
applicant and how it might address their needs. Whether or not there are some other opportunities on other parts of the site for the pricing that might address the entrances. I don’t
have anything further on the building, plaza and signs.
On the mechanical, what is discussed in particular are the vent stacks for the fueling station.
Mr. Parker: This is something we discussed in the DRC meeting in December and that the location of the vent stacks next the trash enclosures would not be a good location there along
main. And where the staff is suggesting the boulevard’s location is where we were thinking the
vents could go. So that will be a point of discussion. For the record we do believe that our
proposed internal connection works pretty well. I do understand where staff is coming from on
their suggestion, but you have to fit enough stuff in the right locations and have to be proximate to each other, we can’t move the vent stacks too far away and have to go somewhere.
Mr. Safeway (Goalwin): The reason this path was chosen, and I like Brian’s logic of people,
who are parked in the proximity, but looking at the retail shop, and those entrances on Main
Street, on 19th and additionally on the North. So we felt that with the extension of the sidewalk along that line there was as beneficial as any other. The parking that is proposed for the retail covers the retail and then the overflow and would probably park further south anyhow, so that is
why where making that the connection. So kind of the same logic we were thinking not to
mention, there is less disruption of what is going on at the Safeway if we program this route
(shown). In our mind if they are equal the advantage to us is the less disruption to the overall location.
Mr. Parker: The other thought for us was where those handicap stalls are located the sidewalk
only goes to the end of the handicap stalls. And then from where the black car (shown) is out to
the west that’s all landscape so it would be a conversion of the existing landscaping to hardscape to go that route as opposed to the other way which is providing the direct pedestrian connection back to the retail building and to kiosk for those head in stalls to Main. There was some concern
Dan, about how this all functions with ADA, the slopes and as long as we stay to the west of that
drive isle, once you get into that area the grades are not functional.
Mr. Goalwin: We have evaluated our path for ADA and it works. The other connection you are proposing we would have to vet that out see if we could make that exit work. I don’t know if we
could get that grade at 19th down to that level.
Mr. Parker: my other concern, is human nature, if we strengthen that link where you, Brian, are proposing where that landscaping is, right at the top before you make that 90 degree turn peoples
inclination is to shortcut pass that fueling stations, and that to me is more dangerous than getting
them over to the sidewalk. I think strengthening away from cars and even though it’s a long
shortcut, it’s really busy at a fuel center. People are going ever which way, its two-way traffic
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plus the circulation there for grocery shoppers I would really want to get them away from there
as soon as possible.
Mr. Griswold: Another concern is taking that handicap parking area farther to the West, that strip of landscape there and it is pretty narrow to keep trees in there so we would lose all those
trees.
Mr. Parker: Stan was the landscape architect for Safeway and we brought him along on this
project for continuity for the fuel station. It may be as simple as where do we want the vent stacks. If the vent stacks stay more internal to
the site, but the vent stacks have to stay within a certain distance of the tanks. So we can’t just
move them anywhere. Continued discussion on location of vent stacks. We have listed 2
different locations where they could go.
Mrs. Jacobs: I don’t have anything further as far as the conditions or analysis but would be
happy to answer any other questions.
Mr. Parker: We did bring the same sample materials board that DRB approved. We are not
proposing anything different, and tried to use the same architectural treatments for the store and the same lighting fixtures.
Mr. Howe: The renderings really down play the corner monument sign. It looks like it will be
more prominent than what shows, and would like to get more information on the sign and how
big it is.
Mr. Parker: On the new architectural plans we have an elevation drawing of the sign.
Mr. Howe: Where there other considerations to other locations? And where they discussed in any
other meetings?
Mr. Parker: Yes and asked Brian to bring up Google Earth. The concern that Safeway has the
sensitivity the consumer has for gasoline prices. The better the information the customer has the
better chance we have to get them as our customer. The layout that we have illustrated is to use
the existing Safeway drive accesses. He spoke on why they choose location of site. The south bound on 19th and east bound on Main that the signage on the canopy doesn’t reach out two
those travelers and reason why the price sign was positioned on the corner.
Mr. Howe: Rather than the corner was consideration given to integration of sign in landscape at
entrance points?
Mr. Parker: Because of the sign regulations if we purchase the two parcels it only allows us for
one sign. We only get one freestanding sign per lot.
Mr. Krueger: It would require a variance to achieve other option of two smaller signs at entrances.
Mr. Howe: What was the staff’s position on a variance?
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Mr. Krueger: Trying to make a hardship argument, with a self imposed condition of how you’re
placing the use, type of use I think it would be difficult to support that. Our code doesn’t address
that. The code is conservative and specific and to limit other situations that might not be as
clear.
Mr. Goalwin: If the powers at be, including those of us think that the two smaller signs would be
a much nicer esthetically, isn’t there someone we can appeal to allow us to do it?
Mr. Krueger: You can put those comments to the City Commission. The applicant always has that ability, the use can be approved and you could apply for a variance and make a hardship
argument based on your analysis.
Mr. Howe: Is there any way to incorporate it into this process or does it have to be a separate
process?
Mr. Krueger: It would have to be separate, because we would have to notice it as a separate
action.
Mr. Goalwin: How easy is it to get a text amendment?
Mr. Krueger: That might be a possibility. Unfortunately we just incorporated a new sign code a
month ago that doesn’t address this specific issue.
Mr. Howe: So with a text amendment that states it can be proven that aesthetically, two smaller signs work better than one big one then that can be granted. What kind of process is that?
Shorter, longer?
Mr. Krueger: I think that the sign code language is more difficult and trying to write criteria for
when that might be appropriate would be the difficult part. I’m not saying that it can’t be done/
Mr. Howe: How long is the variance process take?
Mr. Krueger: About 4-6 weeks before a Commission hearing.
Mrs. Jacobs: One thing that is encouraging is the pricing visibility. There are various options
available.
More conversation was going on but recorder cut out in 43 minutes.
The Board continued discussion on the merits of the project. Three members of the Design
Review Board specifically noted for the benefit of the Commission that they would support two
smaller monument signs on the lot with fuel pricing in lieu of one pylon pricing sign at the
corner of North 19th Avenue and West Main Street.
Motion: Mr. Banzinger moved, Mr. Howe seconded, to recommend approval of application
Z13272 to the City Commission with the findings and recommended conditions in the staff
report as presented. Board approved unanimously.
254
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.}
ITEM 5. ADJOURNMENT
This meeting is open to all members of the public. If you have a disability that requires assistance, please contact
ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-3203 (TDD).
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CURB STOPELEC. BOX/METERELEC. TRANSFORMERFIRE HYDRANTGAS METERGUY ANCHORIRRIG. VALVE/BOXLIGHT POLESTORM DRAIN MANHOLE/VAULTWELLPOWER POLESTORM DRAIN CURB INLETSIGNTREE-DECIDUOUSTELEPHONE PEDESTALWATER VALVE///SDSSBPBTNGOHPWBUILDINGCULVERTFLOWLINEBACK OF CURB/VERT CURBASPHALT EDGESIDEWALK/CONCRETEEASEMENTSTORM DRAINSEWER SERVICE LINEBURIED POWER LINEBURIED TELEPHONE LINENATURAL GAS LINEOVERHEAD POWERWATER LINEYELLOW PLASTIC CAPFOUND AC or YPC AS DESCRIBEDTRAFFIC STRIPINGLANDSCAPING EDGEWOOD RAIL FENCEFROST FREE HYDRANTYPCALUMINUM CAPACFIBER OPTIC MANHOLEMAILBOXESELEC. VAULT/////////////////////
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EXISTING CONDITIONS PLANA TOPOGRAPHIC, AS-BUILT AND RETRACEMENT SURVEY OF LOT 2, BLOCK 1 OF PLATF-37-G, SITUATED IN THE NW1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, BOZEMAN, GALLATIN COUNTY, MONTANA.LEGAL DESCRIPTION:Lot 2 of the Amended Subdivision Plat of Tracts A and B of the Amended Subdivision Plat of a portion of Block 1 of Kirk's SecondSubdivision as recorded on Plat F-37-C located in the NW 1/4 of Section 12, Township 2 South, Range 5 East, Principal Meridian,City of Bozeman, Gallatin County, Montana.NOTES PERTAINING TO TABLE A:1. Monuments found are shown hereon.2. Address: 1801 W. Main St., Bozeman, MT 597153. Flood zone designation: Zone D (Areas in which flood hazards are undetermined) in accordance with FIRM Panel No. 0816 D,Map #30031C0816D, Effective Date: September 2, 2011.4. Gross land area: 0.514 acre5. Contours shown are based on a ground survey with minor contours at half foot (0.5 ft.) interval, and major contours at one foot(1 ft.) interval. The vertical datum is based on City of Bozeman Vertical Datum.6.(a) Current zoning classification, as provided by the insurer - None provided.The property is currently zoned B-2, Community Business, per the current City of Bozeman zoning map6.(b) Current zoning classification and building setback requirements, height and floor space area restrictions as set forth in thatclassification, as provided by insurer - None provided.Per the Bozeman Unified Development Code, Chapter 38, Article 10 (Sec. 38.10.050. Yards.)Minimum building setbacks: Front - seven feet, except along arterials where minimum is 25 feet; Rear - 10 feet; Sides - 5 feetPer the Bozeman Unified Development Code, Chapter 38, Article 10 (Sec. 38.10.060. Building height.)Maximum building height if roof pitch is less than 3:12, 38 feet. If roof pitch is greater than 3:12, 44 feet. The maximum heightallowed by said subsections may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementinga regional commercial and services growth policy land use designation. Maximum height otherwise cumulatively allowed bythis section may be increased by 30 percent through the approval of a conditional use permit, but only when the additionalheight is a specifically identified purpose of the review.Per the Bozeman Unified Development Code, Chapter 38, Article 10 (Sec. 38.10.030. Lot coverage and floor area.)The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings.7.(a) Exterior dimensions of all buildings are shown hereon.7.(b) Square footage of exterior footprint of ground level is shown hereon. No other areas were specified.7.(c) Measured height of all buildings above grade is shown hereon.8. Substantial features and visible improvements are shown hereon.9. Within the asphalt parking area surrounding the building, no discernable parking striping or specific parking spaces werediscovered.10. Not requested.11. Utility locations shown hereon are based on observed evidence together with field markings by UULC Montana - One Calllocates (800) 424-5555 ticket number 13090238 and as-built maps provided by appropriate agencies or as described hereon.12. The property shown hereon does not appear to be subject to additional government requirements.13. Not requested.14. The property adjoins West Main Street on the south and North 19th Avenue on the west as shown.BASIS OF ELEVATIONS: The vertical datum is based on Cityof Bozeman, local jurisdiction, shown on this survey bysubtracting 19.65 ft. from NAVD88, Geoid 2009 as broadcastby MTSU CORS., to best fit existing local elevations.LEGENDBUILDING=2,281 S.F.29.6'65.9'21.5'25.8'38.7'
34.5'FINISHED FLOORELEVATION =4800.3FOUND A REBAR, 58 IN.DIAMETER, 2 INS. DOWN, WITH A'SURVCO' AC 1 12 IN. DIAMETER.GPS EL=4800.1FOUND A REBAR, 5/8 IN.DIAMETER, FLUSH, WITH AMORRISON-MAIERLE, INC.YPC MARKED; '14732 LS'GPS EL=4797.9FOUND A REBAR, 58 IN.DIAMETER, 5 INS. DOWN, WITH A'SURVCO' AC 1 12 IN. DIAMETER.GPS EL=4795.6A SEWER LINE EASEMENT,RELOCATION OF EXISTINGSEWER LINE SHOWNON PLAT F-37-C, F-37-G.SEE DOC. #2380686.AN ELECTRIC POWER LINEAND COMMUNICATION EASEMENT,10 FT. WIDE, DESCRIBED ONFILM 8, PAGE 1791.ROOFLINEEL=4811.5ROOFLINEEL=4811.5ROOFLINEEL=4811.5ROOFLINEEL=4811.5ROOFLINEEL=4808.3CURB CUTCURB CUTCURB CUTCURB CUTFOUND AC, 6 INS. DOWN,MARKED '3704S'GPS EL=4798.5WATER LINE PER CITY OFBOZEMAN'S RECORD DRAWINGSWATER LINES PER CITY OF BOZEMAN'SRECORD DRAWINGSWATER SERVICE LINE PERCITY OF BOZEMAN'SRECORD DRAWINGSFIRE SERVICE LINE PERCITY OF BOZEMAN'SRECORD DRAWINGSBUILDING CORNEREL=4800.1BUILDING CORNEREL=4800.1BUILDING CORNEREL=4800.1BUILDING CORNEREL=4799.9BUILDING CORNEREL=4800.0FOUND A REBAR, 58 IN.DIAMETER, FLUSH, WITH AMORRISON-MAIERLE, INC.YPC MARKED; '14732 LS'GPS EL=4797.8BASIS OF BEARINGPlat F-37-G (Document No. 2389282)57.
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'56.6'PERPENDICULAR TO LOT LINEROOFLINE PEAKEL=4816.7TRAFFIC SIGNALPROJECT BENCHMARKTOP OF FIRE HYDRANTOPERATING BOLTEL=4800.17TIE
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INEERLICENSEDEXISTINGCONDITIONSPLANC2LANDSCAPE PLANTERSURVEY PROVIDED BY:MORRISON MAIERLE, INC.2880 TECHNOLOGY BLVD WBOZEMAN, MT 59771(406) 587-0721261
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EXPANSION JOINTCONCRETE FOOTINGAC. PAVING ORCONCRETE SLAB¡6&+67((/3,3((PRIMER BEFORE INSTALLINGSLEEVE)FILL PIPE WITHCONCRETEINSTALL PLASTIC IMPACT SLEEVE "REDWITH A REFLECTIVE WHITE 6" BAND AT 36"FROM FINISHED GROUND TO CENTER OFBAND" OVER THE PIPE BOLLARDSHEET NO.SHEET TITLEPROJECT NO.DRAWN BY:CHECKED BY:BASED ON CRITERIA MASTERISSUED: 03/25/11TMREVISION SCHEDULEDELTA NUMBER DATE
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1/4" = 1'-0"2 WEST ELEVATION
1/4" = 1'-0"3 EAST ELEVATION
1/4" = 1'-0"4 SOUTH ELEVATION
1/4" = 1'-0"1 NORTH ELEVATION
FINISH/COLOR SCHEDULE
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"BLACK" TYPICAL
19' - 4" A.F.F.
T.O. PARAPET
16' - 6" A.F.F.
T.O. PARAPET
13' - 8" A.F.F.
0' - 0" F.F.
KIOSK
9' - 0" A.F.F.
B.O. AWNING
12' - 0" A.F.F.
19' - 4" A.F.F.
T.O. PARAPET
12' - 0" A.F.F.
T.O. PARAPET
0' - 0" F.F.
KIOSK
9' - 0" A.F.F.
B.O. AWNING
18' - 0" A.F.F.
T.O. CANOPY
18' - 0" A.F.F.
T.O. CANOPY
19' - 4" A.F.F.
T.O. PARAPET
9' - 0" A.F.F.
B.O. AWNING
0' - 0" F.F.
RETAIL
0' - 0" F.F.
RETAIL
21' - 10" A.F.F.
1/4" = 1'-0"5 MONUMENT I.D. SIGN
13' - 0" A.F.F.
T.O. SIGN
CABINET
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PRE-FINISHED METAL OR ALUMINUM
"BUNGALOW TAUPE"
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AD FACE BRICK - TAN TERRA
AE FACE BRICK - IMPERIAL GRAY
AF EIFS CORNICE & FASCIA-BENJAMIN MOORE
#83 " GRANT BEIGE" FLAT FINISH
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METAL UNDERSIDE
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DOOR "BLACK" TYPICALAA
BULLNOSE
AH AJ AG AG
AH
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DOOR "BLACK" TYPICAL
BULLNOSE
AH
CAP
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AD AH
CAP
AF AH
AGAGAGAJ
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AD AD AE AH AD AF AH
CAP
AD AD
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AG AG
AB AH AD
AGAG
AB AH AD
AG
AB AH AD
AG
FINISH/COLOR SCHEDULE
AA STRUCTURAL BRICK - MONICO BLEND
AB
AG PIP OR PRECAST CONCRETE
PRE-FINISHED METAL OR ALUMINUM
"BUNGALOW TAUPE"
AC NOT USED
AD FACE BRICK - TAN TERRA
AE FACE BRICK - IMPERIAL GRAY
AF EIFS CORNICE & FASCIA-BENJAMIN MOORE
#83 " GRANT BEIGE" FLAT FINISH
AH PAINTED CORRUGATED STEEL / CANOPY/ DOOR/ CAP-
BENJAMIN MOORE #83 " GARGOYLE" FLAT FINISH
AJ PRE-CAST BLOCK - SANDSTONE
AB AB
AB AB
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