HomeMy WebLinkAboutKENYON NOBLE
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
October 13, 2004 CTA Designworks
Attn: Candace Mastel
10180 Cottonwood Road
Bozeman, MT 59718 Re: Conditional Use Permit and Certificate of Appropriateness with relaxations for the
Kenyon Noble Planned Unit Development Preliminary Plan, #Z-04230
Dear Candace, At its October 11, 2004 public hearing, the Bozeman City Commission voted unanimously, 5-0, to
conditionally approve Kenyon Noble Planned Unit Development Preliminary Plan. Regarding Kenyon
Noble Planned Unit Development, the Planning Director hereby grants approval contingent upon
satisfactorily meeting the following conditions: 1. The outdoor storage fence shall be a minimum of eight (8) feet.
2. Four (4) offsets of at least 15 feet by 20 feet shall be created in the fence on the north side of the
property and shall be landscaped with large evergreen trees and planter beds. 3. The total permitted signage shall not exceed 400 square feet, and two low profile freestanding signs
shall be permitted but only one may be located on the Oak Street frontage, subject to ADR review
and approval.
4. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior
to final plan approval. A copy of the filed documents shall be submitted with the final plan.
5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plan approval. The
amount of water rights required will be determined by the Director of Public Service based on the proposed final plan.
6. Applicant’s Table 1 shall be expanded to list gross square footage, easements/rights-of-way and
open space, and shall be included on the site plan.
7. The Final Site Plan shall depict the north elevation of the main large scale retail structure with
additional architectural detailing including but not limited to additional fenestration, repetition of
materials used on other elevations such as board and batten, offsets, entry definition, and other
features that break up the mass and ensure no single uninterrupted length of façade in excess of 100
feet. Said revisions are subject to review and approval by Administrative Design Review Staff.
Page 2
8. The Final Site Plan shall include a redesign of the secondary large scale retail structure with
additional architectural detailing including but not limited to fenestration such as clerestory
windows, use of a monitor roof, repetition of materials used on the main structure, offsets, and other features that ensure no single uninterrupted length of façade in excess of 100 feet. Said revisions are subject to review and approval by Administrative Design Review Staff.
9. The Final Site Plan shall depict the roof of the secondary large scale retail structure with additional
features such as skylights, solar panels, cupolas, or dormers that break up the monotony and mass. 10. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of
Right to Protest Creation of SIDs for the following:
a. Street improvements to Oak Street including but not limited to paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property). b. Signalization of the intersection of Oak and North 14th Ave. c. Signalization of the intersection of Oak Street and North 11th Ave.
d. Signalization of the intersection of Oak Street and North 15th Ave.
e. Intersection improvements at Oak Street and North 7th.
11. A traffic control plan which addresses ingress and egress of construction related traffic to the site shall be submitted for review and approval to the City and Montana Department of Transportation.
This should stipulate access points to be used, any traffic control signing needed, and address
mitigation for drag on of material (i.e. mud, rocks, etc.) onto existing streets. In addition, all
standards outlined in Bozeman Unified Development Ordinance Section 18.74.020.A shall be followed.
12. The north side of Oak Street shall be widened from 11th Street to the west boundary of this
subdivision to one half of the one half of the ultimate width (78’ back of curb to back of curb). This
will also include tapers meeting AASHTO requirements to transition back to existing road width on the west end.
13. The southern half (30 feet) of the public street right of way for what is referred to as “OP Street” and
the eastern half (30 feet) of North 14th Avenue shall be dedicated to the City prior to Final Site Plan
approval. 14. The applicant is advised that OP Street and North 14th Avenue shall be improved, as part of this
development, to one half of a local street standard as shown in the Greater Bozeman Area
Transportation Plan 2001 Update. Also, 12 feet of pavement for the opposing lane of travel shall be
provided. City standard sidewalk, curb and gutter will be required in the standard location on the
sides of the street that are adjacent to the developing property.
In addition to the specific conditions listed above, the final plan shall comply with the standards
identified below and referenced in the Bozeman Unified Development Ordinance.
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 pursuant to Section
18.34.100.C.1 of the Bozeman Unified Development Ordinance.
That all of the special 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
Page 3
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 site plan approval or commencement of the conditional use pursuant to
Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance.
The applicant must submit seven (7) copies a Final PUD 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.
A Building Permit must be obtained prior to the work, and must be obtained within one year of Final
Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor
site surface preparation and normal maintenance shall be allowed prior to submittal and approval of
the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
The applicant shall enter into an Improvements Agreement with the City to guarantee the installation
of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the 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.
The applicant shall submit with the application for Final Plan review and approval, a written
narrative stating how each of the conditions of preliminary plan approval has been satisfactorily
addressed.
Street vision triangles shall be delineated on the landscaping plan.
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).
A scaled, detailed plan of all parking facilities, including bicycle racks, accessible parking including aisles, ramps and signage, and standard aisle and parking spaces shall be provided.
Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified Development Ordinance. The same shall be submitted to the city attorney and shall not be accepted by the city
until approved as to legal form and effect. A draft of these documents must be submitted for review
and approval by the Planning Department at least 30 days prior to filing and recordation with the
Gallatin County Clerk and Recorder.
Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
Applicant shall verify the provision of the PUD performance points in accordance with Section
18.36.090.E(7) of the Bozeman Unified Development Ordinance.
Page 4
The landscaping in the 50-foot setback shall be enhanced to meet the minimum requirements of the
Design Objectives Plan Update for North 19th Avenue / Oak Street Entryway Corridor.
The Final Site Plan shall include the details of the outdoor sales area and yard office.
The applicant shall provide a color palette for the buildings, including material samples and color chips, for review and approval by the Planning Office, prior to Final Site Plan approval.
The landscaping plan appears to achieve 23 points. However, the residential adjacency screening
along the south side does not meet the minimum standards. The tabulation table needs to be
corrected.
The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided.
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.
A comprehensive utilities design report for water and sewer main extensions, prepared and signed by
a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and
specification review process for each phase.
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.
Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant.
The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
All existing and proposed water and sanitary sewer infrastructure within the scope of the project
must be clearly depicted and labeled on the Final Site, landscaping, paving, and drainage plan sheets.
All existing utility and other easements must be shown on the FSP.
Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed
by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record
Drawings. Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a preconstruction conference has been conducted.
Page 5
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless otherwise allowed by specific approval of the City
Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified
Development Ordinance.
City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot
off property line) along the street(s) frontage. Any deviation to the standard alignment or location
must be approved by the City Engineer.
Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the
entire new parking lot perimeter and adequately identified on the FSP.
Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains within the State's right-of-way.
All street names shall be reviewed and approved by the Gallatin County Road Office and City
Engineering Office.
The drive approach shall 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 FSP. A City Curb Cut
and Sidewalk Permit shall be obtained prior to FSP approval. Engineering Staff will require additional proof of necessity to allow the non-residential driveway approach for arterial streets to be used on the accesses along North 14th Avenue and North 11th Avenue.
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.
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).
If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a
Storm Water Discharge Permit is necessary.
The Montana Department of Fish, Wildlife & Parks, SCS, 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 FSP approval.
Please be 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.
Page 6
I will send the original documents for the IA, CUP conditions and SID waivers to you when they are
complete. If you have any questions or concerns, do not hesitate to contact me, 586-5266, or the
Planning Department at 582-2260. Sincerely,
Lanette Windemaker, AICP Contract Planner
cc: Kenyon Noble: Richard Ogle and William Ogle, 25 East Mendenhall, Bozeman, MT 59715
Jerry Perkins for Peter K. Nelson, 511 North Wallace, Bozeman, MT 59715 Morrison-Maierle, Inc., Attn: Jon Olson, P.O. Box 1113, Bozeman, MT 59771-1113
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 1
CITY COMMISSION STAFF REPORT #Z-04230
KENYON NOBLE CUP & COA WITH RELAXATIONS FOR A PUD PRELIMINARY PLAN
Item: Zoning Application #Z-04230 An application for review of a Conditional Use
Permit and Certificate of Appropriateness with relaxations for the Kenyon Noble Planned Unit Development Preliminary Plan to allow a Large Scale Retail
Building Materials Facility. The property, located northwest of the intersection
of Oak Street and North 11th Avenue, is legally described as Tract 3A of COS
1215F. The property is within the West Oak Street Entryway Corridor Overlay
District and is zoned “B-2” (Community Business District).
Applicant: Kenyon Noble: Richard Ogle and William Ogle, 25 East Mendenhall, Bozeman,
MT 59715.
Owner: Jerry Perkins for Peter K. Nelson, 511 North Wallace, Bozeman, MT 59715.
Representative: CTA Designworks, 10180 Cottonwood Road, Bozeman, MT 59718.
Date/Time: Bozeman City Commission: Monday, October 11, 2004 at 7:00 p.m.,
Commission Meeting Room, City Hall, 411 East Main Street, Bozeman,
Montana.
Report By: Lanette Windemaker, AICP; Contract Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The property is located northwest of the intersection of Oak Street and North 11th Avenue. The ~ 17.7 acre
property is legally described as Tract 3A of COS 1215F, a portion of Section 1, T1S, R5E, PMM, City of
Bozeman, Gallatin County, MT. The property is zoned “B-2,” Community Business District, and is located
within the North 19th Avenue / West Oak Street Entryway Corridor. Please refer to the vicinity map on the
following page.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 2
PROPOSAL
Application has been made for a review of the Conditional Use Permit (CUP) and Certificate of
Appropriateness (COA) with relaxations for the proposed Kenyon Noble Planned Unit Development (PUD).
Said application would allow ~ 17.7 acres to be developed as a large scale retail building materials facility:
consisting of a 53,700 sq. ft. (69,450 sq. ft. with future expansion) large scale retail structure for retail
display and sales area, office space, and warehousing of product; a 33,220 sq. ft. (40,920 sq. ft. with future
expansion) large scale retail structure for drive-thru pickup area for filling orders; ~ 131,660 sq. ft. outdoor
sales areas and outdoor storage area; ~ 15,750 plant nursery, and related site improvements.
The applicant has requested the following relaxations:
1.) Section 18.40.180.B.2 “Limitations on Size of Retail Stores” to increase the area allowed to be
occupied by outdoor sales and storage to ~ 119% of the total square footage of the retail building(s)
at full build out. Planning Staff does not support this relaxation. This amount of outdoor storage
and sales area is not appropriate in the Oak Street Corridor. It would be more appropriate for this
use to be located in an industrial zone where outdoor storage is clearly a permitted and accessory
use. However, it may be found acceptable if the screening is enhanced, particularly on the north
side. Planning Staff recommends that the fence be increased to a minimum of eight (8) feet, the
north setback be increased to a minimum of 25 feet, and the setback be landscaped similar to the
requirements for the Oak Street Entryway Corridor.
2.) Section 18.44.090.C.2.b(1) “Nonresidential” to increase the allowable commercial drive access
width to 50 feet. Engineering Staff is unable to support the relaxation to allow the increase to a 50-
foot commercial drive access width without additional proof of necessity, and subject to approval of
the Director of Public Service. However, Engineering Staff would be able to support a relaxation to
allow the increase to a 40-foot commercial drive access width, in accordance with the standard
allowable industrial drive access width of 40 feet.
3.) Section 18.46.040.B.1 “Nonresidential Uses” to decrease the minimum number of required parking
spaces to 208. Planning Staff supports the requested relaxation to 208 parking spaces. A visual
inspection of the current Kenyon Noble facilities indicated that required number of parking spaces
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 3
might be excessive for this use.
4.) Section 18.52.060.A.1 “Freestanding Signs” to allow two freestanding signs per zoned lot. ADR
Staff does not support the relaxation to allow two freestanding signs. As a single tenant large scale
retail facility, Kenyon Noble will be easily recognizable without the need for a second freestanding
sign. However, Planning Staff would be able to support the relaxation if the total permitted signage
did not exceed 200 square feet, and the two freestanding signs low profile.
ZONING DESIGNATION & LAND USES
The subject property is within the West Oak Street Entryway Corridor Overlay District and 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 intent of the Entryway Corridor Overlay district is to ensure that the quality of
development along these corridors will enhance the impression and enjoyment of the community both by
guiding development and change that occurs after the adoption of the ordinance codified in this title, and by
stimulating and assisting, in conjunction with other provisions of this title, improvements in signage,
landscaping, access and other contributing elements of entry corridor appearance and function. The
following land uses and zoning are adjacent to the subject property:
North: Vacant on property zoned “B-2” Community Business District
South: Vacant land (across Oak Street) on property zoned “R-3” Residential Medium Density District
East: Oak Street Place PUD on property zoned “B-2” Community Business District
West: Bridger Peaks Village PUD with a vacant strip of land between the two developments (across North
15th Avenue) on property zoned “B-2” Community Business District
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated “Regional Commercial” in the Bozeman 2020 Community Plan. The
“B-2” zoning designation is consistent with the “Regional Commercial” land use designation of the property.
This classification provides areas for retail, education, health services, public administration and tourism for
a multi-county region. These are often large scale facilities, which should be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the community and
region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of
the community.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit (CUP) and
Certificate of Appropriateness (COA) with relaxations for the proposed Planned Unit Development (PUD)
application against the criteria set forth in Section 18.34.090, Section 18.34.100, Chapter 18.36, Section
18.40.180 and Chapter 18.30 of the Bozeman Unified Development Ordinance. The findings outlined in this
report include comments and recommended conditions provided by the Development Review Committee
(DRC), Design Review Board (DRB) and the Bozeman Area Bicycle Advisory Board (BABAB).
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 4
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
DRC, and when appropriate, the ADR Staff, the DRB, the BABAB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
The development proposal is in conformance with the “Regional Commercial” land use designation in the
Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the
following:
Goal 7.6.1 Promote and encourage the continued development of Bozeman as a vital economic
center.
Objective 1 states “Support business creation, retention and expansion”. This proposal would allow
for the retention and expansion of the Kenyon Noble business.
Objective 3 states “Foster a positive economic climate through a well managed and aesthetically
pleasing built environment and by maintaining a beautiful and healthy natural environment to
promote and attract businesses with a desirable impact on the community”. The adherence of this
proposal to the North 19th Avenue / West Oak Street Entryway Corridor design guidelines help foster
a positive economic climate by promoting a pleasing built environment.
Goal 10.8.4 Pathways- Establish and maintain an integrated system of transportation and
recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green
belts and open space.
The meandering asphalt pathway through the Oak Street Greenway Corridor is a link in the
integrated system of transportation pathways.
Additionally the BABAB recommends that a Bike Path (shared-use path) be constructed on both
sides of Oak Street in accordance with the Greater Bozeman Area Transportation Plan.
2. Conformance to this title, including the cessation of any current violations.
The final plan shall comply with the standards identified and referenced in the Bozeman Unified
Development Ordinance.
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 pursuant to Section 18.34.100.C.1 of
the Bozeman Unified Development Ordinance.
That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of
the Bozeman Unified Development Ordinance.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 5
The applicant must submit seven (7) copies a Final PUD 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.
A Building Permit must be obtained prior to the work, and must be obtained within one year of Final
Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site
surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final
Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED
UNTIL A BUILDING PERMIT IS OBTAINED.
The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of
required on-site improvements at the time of Final Site Plan submittal. If occupancy of the 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.
The applicant shall submit with the application for Final Plan review and approval, a written narrative
stating how each of the conditions of preliminary plan approval has been satisfactorily addressed.
Street vision triangles shall be delineated on the landscaping plan.
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).
A scaled, detailed plan of all parking facilities, including bicycle racks, accessible parking including
aisles, ramps and signage, and standard aisle and parking spaces shall be provided.
Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities
and parking lots in accordance with Chapter 18.72 or the Bozeman Unified Development Ordinance.
The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to
legal form and effect. A draft of these documents must be submitted for review and approval by the
Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and
Recorder.
Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may address
those lots within the proposed phase.
Applicant shall verify the provision of the PUD performance points in accordance with Section
18.36.090.E(7) of the Bozeman Unified Development Ordinance.
The landscaping in the 50-foot setback shall be enhanced to meet the minimum requirements of the
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 6
Design Objectives Plan Update for North 19th Avenue / Oak Street Entryway Corridor.
The Final Site Plan shall include the details of the outdoor sales area and yard office.
The applicant shall provide a color palette for the buildings, including material samples and color chips,
for review and approval by the Planning Office, prior to Final Site Plan approval.
The landscaping plan appears to achieve 23 points. However, the residential adjacency screening along
the south side does not meet the minimum standards. The tabulation table needs to be corrected.
The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also
be provided.
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.
A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer.
The applicant is advised that although the general utilities design concept has been reviewed, the
submitted data will be subject to further review as part of the infrastructure plan and specification review
process for each phase.
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.
Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
All existing and proposed water and sanitary sewer infrastructure within the scope of the project must be
clearly depicted and labeled on the Final Site, landscaping, paving, and drainage plan sheets.
All existing utility and other easements must be shown on the FSP.
Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the
City Engineer. The applicant shall also provide Professional Engineering services for Construction
Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction
shall not be initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 7
No building permits shall be issued prior to substantial completion and City acceptance of the required
infrastructure improvements unless otherwise allowed by specific approval of the City Commission
under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.
City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off
property line) along the street(s) frontage. Any deviation to the standard alignment or location must be
approved by the City Engineer.
Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire
new parking lot perimeter and adequately identified on the FSP.
Drive approach and public street intersection sight triangles shall be free of plantings which at mature
growth will obscure vision within the sight triangle.
An Occupancy Permit must be obtained from the Montana Department of Transportation for location of
water and sewer mains within the State's right-of-way.
All street names shall be reviewed and approved by the Gallatin County Road Office and City
Engineering Office.
The drive approach shall 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 FSP. A City Curb Cut and Sidewalk
Permit shall be obtained prior to FSP approval. Engineering Staff will require additional proof of
necessity to allow the non-residential driveway approach for arterial streets to be used on the accesses
along North 14th Avenue and North 11th Avenue.
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.
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).
If construction activities related to the project result in the disturbance of more that 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of Environmental
Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water
Discharge Permit is necessary.
The Montana Department of Fish, Wildlife & Parks, SCS, 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 FSP approval.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 8
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.
3. Conformance with all other applicable laws, ordinances and regulations.
Staff has found the application in general compliance with all other applicable law, ordinances, and
regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan
approval.
4. Relationship of site plan elements to conditions both on and off the property.
Pursuant to Section 18.40.180, the Design Criteria and Development Standards for Large Scale Retail
developments shall, in addition to all other applicable review procedures and design criteria, exceed design
criteria and development standards contained in Chapter 18.30, BMC, Entryway Overlay District, including
the general design objectives and guidelines contained in the adopted or updated Design Objectives Plan to
ensure compatibility with the remainder of the community. With the conditions recommended by DRB,
ADR and Planning Staff, this large scale retail facility will meet or exceed the applicable design criteria and
development standards to sustain compatibility with the remainder of the community.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions.
The applicant’s trip generation worksheet projects 3,367 average daily trip ends with full build out of the
project. With the conditions outlined by the Engineering Staff, the PUD plan mitigates the impact of the
proposal on the existing and anticipated traffic by requiring adjacent street construction.
The applicant has proposed a 22% relaxation in the number of required parking spaces for full build out.
The initial phase of the project requires 217 parking spaces, and the applicant is proposing to provide 208
parking spaces. The majority of the relaxation is related to the future expansion of the project. Site visits to
other Kenyon Noble facilities have shown that it appears to be appropriate to reduce the number of required
parking spaces for this use. However, these parking calculations are based on warehouse use of the
secondary building. While Planning Staff does consider this building to be a retail facility, given the type of
retail sales (lumber), the parking requirement for warehouse use does appear to be a more appropriate
calculation.
6. Pedestrian and vehicular ingress, egress and circulation.
Typical street and sidewalk details will need to be provided with the Final Site Plan. A bike path is required
on the north side of Oak Street as an extension of the existing multi-use path system.
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 landscaping plan depicts an extensive array of tree and shrub plantings, and will conform to the
Bozeman Unified Development Ordinance and Oak Street Greenway Corridor landscape standards.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 9
8. Open space.
The project is required to earn at least 30 open space performance points. Verification of how these points
have been obtained shall be provided prior to final site plan approval.
9. Building location and height.
Maximum building height in the “B-2” zoning district when located within the “Regional Commercial”
growth policy land use designation:
57 feet for a roof pitch less than 3:12.
66 feet for a roof pitch 3:12 or greater.
10. Setbacks.
Minimum yard setbacks in the “B-2” zoning district:
1. Buildings:
Front yard – 7 feet, except along arterials where minimum is 25 feet
Rear yard – 10 feet
Side yards – 5 feet (except zero lot lines as allowed by Section 18.38.060, BMC)
2. Parking and loading areas:
Front yard – 25 feet
Rear yard – 10 feet
Side yards – 8 feet
11. Lighting.
The PUD will need to provide lighting in accordance with the Bozeman Unified Development Ordinance.
12. Provisions for utilities, including efficient public services and facilities.
The PUD will need to provide utilities in accordance with the Bozeman Unified Development Ordinance.
13. Site surface drainage and storm water control.
Storm water detention areas have been shown of the plan. The Storm Drain Design Report will be submitted
to the Engineering Department for review.
14. Loading and unloading areas.
The loading and unloading areas are located within the fenced outdoor storage and sales area.
15. Grading.
Plans and specifications for utilities, roads and storm water control will have to address grading and be
submitted to the Engineering Department for review.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 10
16. Signage.
The applicant has requested a relaxation to be allowed a second freestanding sign. As a single tenant large
scale retail facility, Kenyon Noble will be easily recognizable without the need for a second freestanding
sign. However, DRB has indicated no objections to a second freestanding sign, particularly if the total
amount of allowable signage was reduced.
17. Screening.
Pursuant to Section 18.42.160 of the Bozeman Unified Development Ordinance, all outdoor storage must be
within the confines of a 100 percent opaque wall or fence not less than 6 feet tall. Given the approximately
16-foot storage racks proposed to be utilized for outdoor storage, it appears that a 6-foot fence may not be
adequate. Planning Staff is recommending the fence be a minimum of 8 feet tall.
In addition, the screening provided along the north side of the property does not appear to be adequate.
Planning Staff is recommending that the setback be increased to a minimum of 25 feet and the setback be
landscaped similar to the requirements for the Oak Street Entryway Corridor.
During final site plan review, the placement of all ground-mounted and rooftop mechanical equipment will
be reviewed to ensure that the equipment is screened from the view of adjoining properties.
18. Overlay district provisions.
Design Objectives Plan All Corridors:
Guideline A.1. suggests large expanses of asphalt be softened with clusters of vegetation by incorporating internal areas of landscaping, totaling at least 10% of the parking area, with each
planting area at least 300 sq. ft. and containing at least one major tree and ground cover.
Landscape islands are utilized to soften the asphalt parking areas. The parking lot landscaping has been
enhanced to meet the 10-points parking lot landscaping performance standards.
Guideline A.2. suggests making pedestrian movement to be safer, more convenient, and more
appealing by providing at least one clearly designated route for pedestrians between the street, the
parking area, and the main entrance.
The site plan depicts one sidewalk connection from the street to the parking area and on to the main
entrance. One additional connection is provided from the parking area to the secondary entrance.
Guideline A.3. suggests providing usable outdoor space to allow for the enjoyment of the outdoors
during periods of good weather for restaurants or retail establishments over 7,500 square feet. The landscaping plan depicts an outdoor demonstration area with picnic tables and benches on the
southeast corner of the project.
Guideline A.4. requires lighting fixtures to incorporate cut-off shields to direct light downward,
that luminaries are not visible from adjacent streets or properties, and that fixtures are compatible
with architectural and site design.
The parking lot light fixtures depicted in the cut sheets are the standard shoebox style. No wall-
mounted lights have been depicted in the plans. All lighting is required to provide the necessary
shielding to direct light downward and all light fixtures must be included in the final site plan.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 11
Guideline A.5. suggests the preservation and maintenance of healthy mature trees and existing
significant vegetation.
There is no existing mature vegetation on site.
Guideline B.1. suggests harsh, boxy building forms should be softened with roof lines that reflect
the surrounding mountains and regional climate. Buildings should incorporate pitched roof forms
with the pitch between 6:12 and 12:12.
The main large scale retail building has several gabled dormer roof levels with mostly 6:12 roof pitches.
However, the secondary large scale retail building has a roof pitch of 3:12. The roof of the secondary
large scale retail structure will need to be redesigned with additional features such as skylights, solar
panels, cupolas, or dormers to break up the monotony and mass. ADR Staff has suggested that a
monitor roof design would soften the roof line and help reflect the surrounding mountains.
Guideline B.2. encourages varied building massing to break down the scale of large buildings and
suggests single uninterrupted length of facade should not exceed 100 feet.
The south, east and west elevations of the main large scale retail structure are designed to provide
varied building massing. However, the north elevation of the main large scale retail structure and the
secondary large scale retail building will need to be redesigned with additional architectural detailing
including but not limited to additional fenestration, repetition of materials used on other elevations such
as board and batten, offsets, entry definition, and other features that break up the mass and ensure no
single uninterrupted length of façade in excess of 100 feet. For the north elevation of the main large
scale retail structure, ADR Staff has suggested features such as: the use of shed roofs and board and
batten siding above the doors and clerestory windows. For the secondary large scale retail building,
ADR Staff has suggested features such as: the use of board and batten siding, narrower horizontal
siding interspersed with clerestory windows, and the use of a monitor roof with skylights.
Guideline B.3. recommends making building entrances clear and highly visible.
Additional detail is necessary to make the building entrances on the north side of the main large scale
retail structure and the secondary large scale retail building more clearly visible.
Guideline B.4. encourages coordinated development within a multi-building complex.
The buildings in the complex are not coordinated in both design and materials. The secondary large
scale retail structure will need to be redesigned with additional architectural detailing including but not
limited to fenestration such as clerestory windows, use of a monitor roof, repetition of materials used on
the main structure, offsets, and other features that ensure no single uninterrupted length of façade in
excess of 100 feet. ADR Staff has suggested additions such as: board and batten siding, narrower
horizontal siding interspersed with clerestory windows,
Guideline B.5. encourages the display of goods and services to passers by and recommends
creating a visually interesting streetscape. All sides of a building should include interesting details
and materials to avoid presenting a backside to neighboring properties. The south, east and west elevations of the main large scale retail structure are designed to provide
interesting details and materials. However, the north elevation of the main large scale retail structure
and the secondary large scale retail building will need to be redesigned with additional architectural
detailing including but not limited to additional fenestration, repetition of materials used on other
elevations such as board and batten, offsets, entry definition, and other features that break up the mass
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 12
and ensure no single uninterrupted length of façade in excess of 100 feet to avoid presenting a backside
to neighboring properties.
Guideline B.6. states rooftop and ground-mounted mechanical equipment should be screened, and
preferably incorporated into the roof form.
The elevations do not depict any type of ground-mounted or rooftop mechanical equipment. It will be
the responsibility of the applicant to ensure that all mechanical equipment is depicted on the final site
plan. All mechanical equipment must be screened from all adjacent properties.
Guideline B.7 encourages building which incorporate specific character-giving features including
recessed windows with visually obvious sills, framed main entrances, natural materials conveying permanence, pitched roofs constructed of metal with standing seams or wood shingles, bright
colors for trim accent.
Character giving features included in the south, east and west elevations of the main large scale retail
building design include the clerestory windows, the dormer roofs, the board and batten siding over the
doors, the natural materials like the rock wainscot, and the use of both vertical and horizontal siding.
However, the north elevation of the main large scale retail structure and the secondary large scale retail
building will need to be redesigned with additional architectural detailing that utilizes these features.
Guideline C.1. discourages dominating and visually distracting signs and Guideline C.2. encourages signs that exhibit qualities of style, permanence and compatibility with the natural and
built environment.
The applicant has requested a relaxation to be allowed two (2) freestanding signs. The plan depicts these
as low-profile monument signs. Staff does not support the relaxation to allow two freestanding signs.
As a single tenant large scale retail facility, Kenyon Noble will be easily recognizable without the need
for a second freestanding sign. The plans do not depict any additional wall mounted signage.
Oak Street:
Guideline A.1. recommends creating a soft, pastoral, non-commercial entry into the city through the design of low-scale, low-key buildings interspersed with trees.
The main large scale retail building is proposed to be 69,450 sq. ft. with future expansion, and the
secondary large scale retail building is proposed to be 40,920 sq. ft. with future expansion. The main
large scale retail building has a maximum roof height of approximately 50 feet with a 6:12 roof pitch.
Although the roof of the secondary large scale retail building is not dimensioned, it appears to have a
maximum roof height of approximately 44 feet with a 3:12 roof pitch. When the “B-2” zoning district
is implementing a “Regional Commercial” growth policy land use designation, the ordinance allows for
a building with a roof pitch of 3:12 or greater to be 66 feet tall. Additional landscaping will need to be
provided to meet the minimum standards along Oak Street. The additional landscaping will help soften
the large expanse of asphalt and soften the boxy building forms.
Guideline A.2. recommends, screening elements that detract from view.
Landscaping has been provided to screen the parking areas from the streets and adjacent residential
properties.
Guideline A.3. minimizing the impact of parking lots with earthen berms and hedge
The Bozeman Unified Development Ordinance requires all parking lots to be screened from the street
and adjacent residential properties. A combination of berms and evergreen landscaping is provided for
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 13
screening the parking lot. No landscaping performance points are awarded for the screening because it
does not extend along the entire length of the property where the residential adjacency exists.
Guideline B.1. suggests reducing the visual impact of boxy buildings with pitched roofs.
The proposed design features a gable and dormer roof with a 6:12 roof pitch that reduces the visual
impact of the main large scale retail building. The secondary large scale retail building on has a roof
pitch of 3:12. The roof of the secondary large scale retail structure will need to be redesigned with
additional features such as skylights, solar panels, cupolas, or dormers to reduce the visual impact.
Guideline B.2. encourages a building design that minimizes elements that distract from distant
views and discourages the use of bright colors, except for trim. The site plan does not identify a proposed color palette for the structures within the development. Staff
has recommended a condition of approval requiring a color palette and material sample board to be
submitted with the final site plan.
Guideline B.3. suggests creating a low-key sense of entering the city and strongly discourages
franchise style architecture.
This application does not exhibit franchise style architecture.
Guideline C.1. recommends monument style signs that are short and low-key in color and lighting
in order to minimize disruption of the view.
The plan depicts a low-profile monument style sign. The applicant has requested a relaxation to be
allowed two (2) freestanding signs. Staff does not support the relaxation to allow two freestanding signs.
As a single tenant large scale retail facility, Kenyon Noble will be easily recognizable without the need
for a second freestanding sign. The plans do not depict any additional wall mounted signage.
19. Other related matters, including relevant comment from affected parties.
A memorandum and photos from Cadius Partners, Ltd and Tange Family LLC was submitted on September
29, 2004. This memorandum expressed concerns about the appropriateness of lumber sales and storage yard
use in this location.
The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation
in the development of land and the design of development projects within the city. Through the PUD
process, the Commission may grant deviations, waivers or relaxations of regulatory requirements upon
making a determination that the deviation, waiver or relaxation will produce an environment, landscape
quality and character superior to that produced under the existing standards. Therefore, the Commission
may find that the relaxation(s) necessary to permit this lumber sales and storage yard accessory to the
Kenyon Noble large scale retail facility will produce an environment, landscape quality and character
superior to that produced under the existing standards
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. 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 b. 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.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 14
Not applicable.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity.
The subject property is ~ 17.7 gross acres. Even though the applicant has requested a relaxation to provide
only 208 of the required parking spaces, this site appears to be adequate to provide all of the necessary site
improvements for the proposed use.
2. That the proposed use will have no material adverse effect upon the abutting property.
Within the “B-2” (Community Business District) retail, large scale is a permitted use. Pursuant to Section
18.40.180.B “Limitations on Size of Retail Stores” of the Bozeman Unified Development Ordinance,
outdoor sales and storage areas for large scale retail use is addressed. A plant nursery is a permitted large
scale retail use.
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. Planning Staff has not recommended any additional conditions addressing regulation
of use.
b. Special yards, spaces and buffers. Planning Staff has recommended that a special landscaped yard and
buffer be provided along the north side of the outdoor sales and storage area.
c. Special fences, solid fences and walls. Planning Staff has recommended that the 6-foot fence around the
outdoor sales and storage area be increased to 8 feet.
d. Surfacing of parking areas. The developer has proposed to surface all outdoor sales and storage areas in
addition to the parking and circulation areas.
e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public
streets will be dedicated and improved.
f. Regulation of points of vehicular ingress and egress. Montana Department of Transportation regulates
the access on Oak Street. All accesses maintain the required access separation distances.
g. Regulation of signs. Planning Staff has recommended that the total permitted signage not exceed 200
square feet, and two low profile freestanding signs be permitted with only one located on the Oak Street
frontage.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 15
h. Requiring maintenance of the grounds. Pursuant to Section 18.48.100, required landscaping must be
maintained by the property owner in a healthy, growing condition at all times.
i. Regulation of noise, vibrations and odors. Bozeman Municipal Code requires property owners to keep
trash in an appropriate receptacle. Regulation of noise shall be consistent with Bozeman Municipal
Code.
j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions
addressing regulation of hours for certain activities.
k. Time period within which the proposed use shall be developed The applicant must submit the PUD
Final Site Plan within 1 year of City Commission approval, and must undertake and complete
development of the project within 2 years of final site plan approval. ?????
l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all
special conditions of approval. Planning Staff has not recommended any additional conditions
addressing duration of use.
m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated.
n. Other such conditions as will make possible the development of the City in an orderly and efficient
manner. Any additional conditions stated in this approval are deemed necessary to protect the public
health, safety and general welfare.
Chapter 18.36 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unite development, find favorably as follows:
All Development (1) Does the development comply with all City design standards, requirements and specifications for
the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire
protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and
streets?
The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and
the development generally complies with city design standards.
(2) Does the project preserve or replace existing natural vegetation?
There is no significant natural vegetation in the project. The proposed development will mitigate the
noxious weed problem on this property and replace natural vegetation.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.)
designed and arranged to produce an efficient, functionally organized and cohesive planned unit
development?
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 16
The elements of the site plan are designed to produce an efficient, functionally organized and cohesive
planned unit development.
(4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials;
and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the
project?
The selection of naturalized and drought tolerant landscape materials contribute to the overall reduction of
energy use by the project.
(5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.)
designed and arranged to maximize the privacy by the residents of the project?
There are no residential areas within the PUD. However, the residential areas to the south of this property
will be screened from this project by landscaping generally designed to provide a level of privacy.
(6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the
overall aesthetic quality of the site configuration, and has the area of park land or open space been
provided for each proposed dwelling as required by §18.50.020, BMC?
The DRB has commented that the design and arrangement of buildings and open space areas contributed to
the overall aesthetic quality of the site configuration. Park land is not required for a non-residential
development.
(7) Performance. All PUDs shall earn at least twenty performance points. Nonresidential
developments within the North 19th Avenue/Oak Street corridor shall earn thirty points.
Verification of how these points have been obtained shall be provided prior to final site plan approval..
(8) Is the development being properly integrated into development and circulation patterns of
adjacent and nearby neighborhoods so that this development will not become an isolated “pad” to
adjoining development?
The design of the PUD provides integrated circulation patterns with connections to adjacent streets. The
sidewalk system around and within the PUD will provide open access for all neighborhoods to enjoy the
business and open space areas.
Commercial Development
(1) If the project contains any use intended to provide adult amusement or entertainment, does it meet
the requirements for adult businesses?
Not applicable.
(2) Is the project contiguous to an arterial street, and has adequate but controlled access been
provided?
The project is adjacent Oak Street - a major arterial. Montana Department of Transportation regulates the
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 17
access on Oak Street. All accesses maintain the required access separation distances.
(3) Is the project on at least two acres of land?
The subject property is ~ 17.7 gross acres.
(4) If the project contains two or more significant uses (for instance, retail, office, residential,
hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD,
pedestrian and vehicular circulation, architectural design, utilization of common open space and
facilities, etc.?
This project provides integration of uses through pedestrian and vehicular circulation, and utilization of
common open space.
(5) Is it compatible with and does it reflect the unique character of the surrounding area?
The Bozeman 2020 plan has designated this area as a “Regional Commercial” land use designation. This
project promotes the large scale mixed use adjacent to significant transportation route intent of this
classification. The design guidelines for large scale facilities along Oak Street enhance compatibility with
the surrounding area.
(6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing
or future off-site parking areas which contain more than ten spaces?
All parking areas are directly accessible to adjacent streets and sidewalks.
(7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the
land use guidelines of the Bozeman growth policy?
This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan by advancing
the intent of “Regional Commercial” land use designation for the large scale mixed use adjacent to
significant transportation route.
(8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open
spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development?
The PUD plan provides outdoor areas for seating, possible product demonstrations and walking.
RECOMMENDED CONDITIONS OF APPROVAL
Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB) and
Bozeman Area Bicycle Advisory Board (BABAB) have reviewed the Preliminary Plan for a Conditional Use
Permit (CUP) and Certificate of Appropriateness (COA) with relaxations for the proposed Kenyon Noble
Planned Unit Development (PUD) against the criteria set forth in Section 18.34.090, Section 18.34.100,
Chapter 18.36, Section 18.40.180 and Chapter 18.30 of the Bozeman Unified Development Ordinance.
Based on the evaluation of said criteria and findings by the Planning Staff, staff finds that the application,
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 18
with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified
Development Ordinance. The following conditions of approval are recommended:
1. The outdoor storage fence shall be a minimum of eight (8) feet.
2. The north setback shall be a minimum of 25 feet, and the setback shall be landscaped with a minimum of
one-half of the requirements for the Oak Street Greenway Corridor Landscape Standards.
3. The total permitted signage shall not exceed 200 square feet, and two low profile freestanding signs shall
be permitted but only one may be located on the Oak Street frontage.
4. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park
maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to
final plan approval. A copy of the filed documents shall be submitted with the final plan.
5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plan approval. The
amount of water rights required will be determined by the Director of Public Service based on the
proposed final plan.
6. Applicant’s Table 1 shall be expanded to list gross square footage, easements/rights-of-way and open
space, and shall be included on the site plan.
7. The Final Site Plan shall depict the north elevation of the main large scale retail structure with additional
architectural detailing including but not limited to additional fenestration, repetition of materials used on
other elevations such as board and batten, offsets, entry definition, and other features that break up the
mass and ensure no single uninterrupted length of façade in excess of 100 feet. Said revisions are subject
to review and approval by Administrative Design Review Staff.
8. The Final Site Plan shall include a redesign of the secondary large scale retail structure with additional
architectural detailing including but not limited to fenestration such as clerestory windows, use of a
monitor roof, repetition of materials used on the main structure, offsets, and other features that ensure no
single uninterrupted length of façade in excess of 100 feet. Said revisions are subject to review and
approval by Administrative Design Review Staff.
9. The Final Site Plan shall depict the roof of the secondary large scale retail structure with additional
features such as skylights, solar panels, cupolas, or dormers that break up the monotony and mass.
10. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right
to Protest Creation of SIDs for the following:
a. Street improvements to Oak Street including but not limited to paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
b. Signalization of the intersection of Oak and North 14th Ave.
c. Signalization of the intersection of Oak Street and North 11th Ave.
d. Signalization of the intersection of Oak Street and North 15th Ave.
e. Intersection improvements at Oak Street and North 7th.
11. A traffic control plan which addresses ingress and egress of construction related traffic to the site shall be
submitted for review and approval to the City and Montana Department of Transportation. This should
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 19
stipulate access points to be used, any traffic control signing needed, and address mitigation for drag on
of material (i.e. mud, rocks, etc.) onto existing streets. In addition, all standards outlined in Bozeman
Unified Development Ordinance Section 18.74.020.A shall be followed.
12. The north side of Oak Street shall be widened from 11th Street to the west boundary of this subdivision to
one half of the one half of the ultimate width (78’ back of curb to back of curb). This will also include
tapers meeting AASHTO requirements to transition back to existing road width on the west end.
13. The southern half (30 feet) of the public street right of way for what is referred to as “OP Street” and the
eastern half (30 feet) of North 14th Avenue shall be dedicated to the City prior to Final Site Plan
approval.
14. The applicant is advised that OP Street and North 14th Avenue shall be improved, as part of this
development, to one half of a local street standard as shown in the Greater Bozeman Area Transportation
Plan 2001 Update. Also, 12 feet of pavement for the opposing lane of travel shall be provided. City
standard sidewalk, curb and gutter will be required in the standard location on the sides of the street that
are adjacent to the developing property.
15. Engineering Staff does not support the relaxation to allow the increase to a 50-foot commercial drive
access width without additional proof of necessity, and subject to approval of the Director of Public
Service. However, Engineering and Planning Staff would be able to support a relaxation to allow the
increase to a 40-foot commercial drive access width, in accordance with the standard allowable industrial
drive access width of 40 feet.
CONCLUSION / RECOMMENDATION
The DRC, DRB, and BABAB have reviewed the application #Z-04230 for a Conditional Use Permit (CUP)
and Certificate of Appropriateness (COA) with relaxations for the proposed Kenyon Noble Planned Unit
Development (PUD) Preliminary Plan to allow 17.7 acres to be developed as a large scale retail building
materials facility and as a result recommends to the City Commission conditional approval of said
application with conditions and code provisions outlined in this staff report.
The Planning Staff has identified various code provisions that are not currently met by this application.
Some or all of these items are listed in the findings and conditions of this staff report. The applicant must
comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to
receiving Final PUD 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.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CONDITIONAL USE PERMIT AND CERTIFICATE OF APPROPRIATENESS WITH RELAXATIONS FOR A PLANNED UNIT DEVELOPMENT. ANY
AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED
DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION.
#Z-04230 Kenyon Noble CUP / COA / PUD Staff Report 20
Attachments: Applicant’s Submittal.
DRB minutes of Preliminary Plan review (September 29, 2004).
Bicycle Advisory Board Memo, September 21, 2004
Memorandum / photos, Cadius Partners, Ltd and Tange Family LLC, September 29, 2004.
cc: Kenyon Noble: Richard Ogle and William Ogle, 25 East Mendenhall, Bozeman, MT 59715
Jerry Perkins for Peter K. Nelson, 511 North Wallace, Bozeman, MT 59715
CTA Designworks, Attn: Candace Mastel, 10180 Cottonwood Road, Bozeman, MT 59718
Morrison-Maierle, Inc., Attn: Jon Olson, P.O. Box 1113, Bozeman, MT 59771-1113