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HomeMy WebLinkAboutSACCOCCIA-LOWES City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED Lowe’s HIW Attn: Jack Mandel 1530 Faraday Avenue, Suite 140 Carlsbad, CA 92008 City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED Morrison-Maierle, Inc. 306 West Railroad Street, Suite 105 Missoula, MT 59808 City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED Susan Swimley 1800 West Koch Street Bozeman, MT 59715 City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 planning zoning subdivision review  annexation  historic preservation  housing  grant administration  neighborhood coordination 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 August 22, 2005 Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Re: Lowe’s CUP/PUD #Z-05128 On Monday, August 15, 2005 the City Commission conditionally approved the modification to the Saccoccia Planned Unit Development Conditional Use Permit for a Planned Unit Development to include an additional relaxation to allow a relaxation from Section 18.40.180.B Limitations on Size of Retail Stores to allow the Lowe’s store to exceed the 75,000 square foot maximum floor area for a retail building. The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission’s decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe’s building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe’s building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size or modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. Page 2 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. 7. The pedestrian corridors within the Lowe’s parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11. The metal siding and roof shall be a non-reflective color and finish. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g) a report on the impacts of the project’s approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project’s approval on wages and benefits of existing businesses; and Page 3 h) a report demonstrating applicant’s plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City’s affordable housing account. In addition, the applicant shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio- economic impacts. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. 17. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe’s, but prior to construction of phase II. Identified Code Provisions a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. Page 4 d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as 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 enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a sign permanently affixed immediately in front of each space containing the notation “Compacts Only.” g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. j. The FSP shall be adequately dimensioned. k. 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. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. l. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Page 5 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. 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. o. 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. p. 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". q. 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. r. 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. s. 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. t. The Montana 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. u. All existing utility and other easements must be shown on the FSP. v. 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). w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. x. 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. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. 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 Page 6 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 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10’ from all trees including landscape islands. The property owner must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site 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. A narrative and Final PUD Plan addressing all of the conditions of approval and the code provisions must be submitted within 1 year, by August 15, 2006. Please call me if you have any questions regarding the conditions of approval or the final site plan review process. Respectfully, Jami Morris Associate Planner JM/jm cc: Susan Swimley, 1800 West Koch Street, Bozeman, MT 59715 Lowe’s HIW, Attn: Jack Mandel, 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Morrison-Maierle, Inc., 306 West Railroad Street, Suite 105, Missoula, MT 59808 CITY COMMISSION STAFF REPORT LOWE’S CUP/PUD MODIFICATION FILE NO. #Z-05128 #Z-05128 Lowe’s CUP/PUD Mod Staff Report 1 Item: Modification to a Conditional Use Permit for a Planned Unit Development Application #Z-05128, to amend the established unified development plan to include an additional relaxation to allow a relaxation from Section 18.40.180.B Limitations on Size of Retail Stores to allow the Lowe’s store to exceed the 75,000 square foot maximum floor area for a retail building on property legally described as COS 1215E, NW¼, Section 1, T2S, R5E City of Bozeman, Gallatin County, Montana. Owner: Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Applicant: Lowe’s HIW, Attn: Jack Mandel 1530 Faraday Avenue, Suite 140 Carlsbad, CA 92008 Representative: Morrison-Maierle, Inc. 306 West Railroad Street, Suite 105 Missoula, MT 59808 Date/Time: Before the Bozeman City Commission on Monday, August 1, 2005 at 7:00 p.m., in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Jami Morris, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ PROJECT LOCATION The subject property is legally described as COS 1215E and situated in the NW¼, Section 1, T2S, R5E, City of Bozeman, Gallatin County, Montana, and generally located between Baxter Lane and Tschache Lane east of North 19th Avenue. The property is zoned B-2 (Community Business District). Please refer to the vicinity map provided. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 2 PROPOSAL The application for a Preliminary Plan for a Modification to a previously approved Conditional Use Permit for a Planned Unit Development (December 2003) for review of the design and layout of a multi- phase Planned Unit Development with Lowe’s as the first phase. The property is bound by Baxter Lane on the north and Tschache Lane on the south and is located between North 19th Avenue and the Walton Stream/Ditch. The subject property lies within the North 19th Avenue Entryway Overly District which is a Class I corridor. The proposal includes a brief discussion on the renewal plan for Lowe’s but does not address any of the City’s socio-economic impacts of growth and costs of development, including but not limited to impacts on the job market in the City and region, the provision of needed and balanced housing accessible to existing or planned employment centers, and preventing abandonment of areas of the community. The City Commission shall impose conditions which prevent undue burden upon the City in accommodating growth caused by the proposed development and in doing so may want to consider the following language which is also noted as a recommended condition of approval at the end of the staff report: The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; #Z-05128 Lowe’s CUP/PUD Mod Staff Report 3 f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re- used, demolished, made available for other uses, or otherwise reclaimed; g) a report on the impacts of the project’s approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project’s approval on wages and benefits of existing businesses; and h) a report demonstrating applicant’s plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City’s affordable housing account. In addition, the applicant shall establish an escrow account in the name of the City of Bozeman, and shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio-economic impacts. If the mitigation costs less than $400,000, the balance in the escrow account shall be returned to the applicant. In approving the original Master Plan for a Planned Unit Development the developer was granted the following relaxations from the zoning ordinance: a) “Building Height” to allow the building heights to exceed the maximums allowed in the “M-1” and “B-2” districts, but not to exceed 48 feet; b) “Permitted Uses” to allow uses identified as permitted uses in the “B-2” Community Commercial District and “M-1” Light Manufacturing District; c) “Water and Sanitary Sewer System Requirements” to allow concurrent installation of infrastructure improvements and construction of a specific project; d) “Sign Code” to allow one pole sign to exceed the allowable height by 12 feet and 50 square feet in area, one pole sign to exceed the allowable height by 4 feet and 16 square feet in area and one monument sign to exceed the allowable height by 6 feet and 32 square feet in area; e) “Glare and Lighting” to allow the proposed lantern style light that does not conform to the requirement that prohibits luminaries and lenses to protrude below the edge of the light fixture. The application further requests the following relaxation from the Unified Development Ordinance: Section 18.40.180.B Limitations on Size of Retail Stores to allow the Lowe’s store to exceed the 75,000 square foot maximum by 90,765 square feet The PUD proposal suggests that 38.6 performance points have been provided in open space and that additional points, above and beyond the minimum 30 points required, have been provided through affordable housing. Page 20 of the applicant’s submittal states that Mr. Saccoccia discounted the price of the land for the affordable housing project by $350,000 and provided a $200,000 purchase credit grant for a total contribution of $550,000 towards affordable housing. However, the City Commission in its findings should consider that this contribution was made without City endorsement or through the standard review #Z-05128 Lowe’s CUP/PUD Mod Staff Report 4 procedures associated with a this project. Furthermore, the UDO specifies that in order to get points for affordable housing the affordable units must be constructed on-site or a nonresidential project may get points for donating constructed dwellings and/or lots to the City of Bozeman. There is no mechanism by which the City can accept the land transaction as a means of fulfilling the current points requirement for the Lowe’s proposal. Therefore, the City Commission will need to determine if the landowner’s contribution to the Bridger Peaks Village affordable housing project to the north is a supportable means of mitigating the increase in building square footage. ZONING DESIGNATION & LAND USES The subject property is zoned B-2 Community Business District. The intent of the “B-2” district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The following land uses and zoning are adjacent to the subject property: North: (across Baxter Lane) Anderson Precast, Lux Transfer and the Lewis & Clark Subdivision on property zoned M-1 Light Manufacturing District. South: (across Tschache Lane) The Gap, Old Navy, Famous Footwear, Pier 1 and other retail and restaurant uses as part of Bridger Peaks Town Center on property zoned B-2 Community Business District. East: (across Walton Stream/Ditch) Vacant property zoned B-2 Community Business District. West: Old Chicago, Montana Furniture, Hilton Garden Inn, Chamber of Commerce and Mountain West Bank. Further west (across 19th Avenue) Home Depot. ADOPTED GROWTH POLICY DESIGNATION The property is designated as Regional Commercial in the Bozeman 2020 Community Plan. The Regional Commercial classification provides areas for retail, education, health services, public administration and tourism for a multi-county region. These facilities should be located in proximity to significant transportation routes. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following summary review comments below. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.30.060 “Design Criteria and Development Standards in Entryway Corridors” In addition to the standards of Chapter 18.34, the following general design criteria and development standards shall apply to all development occurring within the areas described in Section 18.30.030. 1. Neighborhood Design (pages 9-14): A. Green Space- The originally approved Master Plan for the Planned Unit Development for this property indicates 11.72 acres of open space with a majority of the open space adjacent to the Walton Stream/Ditch and Baxter Lane. The open space has been reconfigured with the proposed #Z-05128 Lowe’s CUP/PUD Mod Staff Report 5 amendment to the PUD with a total of 11.96 acres of open space now depicted. A total of 11.44 acres of open space is required for the Planned Unit Development. The new plan for the complex depicts more dispersed open space areas with an expansion of the green space between the proposed Lowe’s building site and the Stoneridge Subdivision to the west (Montana Furniture, Hilton Garden Inn and Old Chicago) and an expansion of the green space (“reflection area”) adjacent to Tschache Lane. The proposal will still maintain a 35 foot setback as originally approved (compared to the 50 foot setback required under the U.D.O.). B. Auto Connections- Two auto connections are depicted between the subject property and the Stoneridge development. The Master Plan for the remainder of the site indicates one additional connection on the north end of the property and multiple auto connections within the entire development. The Master Plan is inconsistent with the proposed Lowe’s site plan. The Master Plan depicts one additional auto connection between the Lowe’s parking lot and the Montana Furniture Gallery. The final plans will need to be consistent. C. Pedestrian & Bicycle Connections- The Lowe’s site plan proposes three east to west pedestrian corridors through the parking lot from the Stoneridge development to the Lowe’s entrance. Additional pedestrian connections are noted on the north and east sides of the Lowe’s building. Sidewalks are also proposed adjacent to Tschache Lane and Baxter Lane in order to be consistent with the existing development and multiuse pathways are noted along the east and west property lines. All pedestrian crossings within the subject property should provide scored and pigment crossings. D. Street Character- The landscaped sidewalk along Tschache Lane provides continuity and connection with adjacent developments. The plans also depict a gazebo and display area within the green space adjacent to Tschache Lane. The development guidelines indicate the installation of pedestrian benches, picnic tables and simple play structures. These additional amenities are not clearly indicated on the site plan. 2. Site Design (pages 15-36): A. Natural Features- The applicant proposes to enhance the Walton Stream/Ditch with additional landscaping. According to the submittal the trail within the watercourse setback would be the responsibility of the future developer. It is unclear between the development guidelines and the chart outlining the phasing of improvements as to whether the trail will be constructed at the time of development of the first phase of the PUD. Planning Staff feels strongly that the trail amenity should be improved now with the Lowe’s development in order to get credit for the open space. B. Views- The viewscape of the mountains to the northeast and the south of the subject property should not be obscured. The building height maximum allowable in the PUD is 48 feet. In order to ascertain the maximum height of the Lowe’s building will require plans with a workable scale. C. Cultural Resources- There are no existing buildings on the site. Any cultural resources uncovered during construction and earthwork will need to be inventoried for the Planning Office and the State Historic Preservation Office. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 6 D. Topography- The property currently slopes down from Tschache Lane down towards Baxter Lane with approximately a 15 foot difference in grade. E. Site Drainage- The property will be graded to direct stormwater flow from the east towards the detention pond in the northeast corner of the property. F. Building Placement- The Master Plan for the property depicts the buildings in clusters on the north and east side of the proposed Lowe’s building. The building placement defines the outdoor spaces as required. Three walkways leading people from the parking lot to the front door have been depicted. Planning Staff recommends that the corridors are modified to provide sidewalks on both sides of a landscaped median in order to provide usable pedestrian corridors. The detail currently provided matches the WalMart development. It is our experience that this style of walkway is not user friendly because it requires people to step through the landscaping in order to get to the walkways. The result has been trampled landscaping or people opt to walk through the parking lot rather than use the walkways. G. Outdoor Public Spaces- The plans note a gazebo and a display area to be located in the open space along Tschache Lane. Additional detail for the amenities will need to be provided with the Final PUD Plan. H. Pedestrian & Bicycle Circulation Systems- The Master Plan for the property, provided in the applicant’s submittal, will create a safe and convenient access to the development and the stream corridor. I. Internal Automobile Circulation Systems- Internal automobile connections have been noted throughout the development to encourage coordinated development. The intent of the guideline is to convey a hierarchy of internal streets with design elements such as street trees and pole lights. The main drive aisle in front of the Lowe’s should be enhanced with decorative elements and furnishings to create a sense of human scale. Planning Staff would prefer to see a foundation planting plan around the Lowe’s building and then a 10 foot wide sidewalk with evenly spaced street trees in tree grates and pole lights along the street edge. Landscape islands, a minimum of 20 feet wide, should be provided at the end of each row of parking (on the building side at a minimum). J. Parking Lots- The design guidelines state that commercial projects exceeding 100,000 square feet should provide shared parking surfaces. We expect that the future development of Lot 2 and 3 will have some shared parking facilities with the Lowe’s site or structured parking will be provided. A condition relating to parking for the complex to shared parking facilities has been recommended. K. Site Lighting- The previous approval of the PUD allowed for a relaxation of the lighting standards to allow a lantern style light along the interior streets. The gooseneck light detail in the development guidelines depicts a sag lens. The detail will need to be modified to depict a conforming light detail. L. Utilities & Service Areas- It appears that the trash receptacles will be located within the building or on the back side of the building. All trash receptacles must be appropriately screened from view. The landscape plan indicates an enclosed storage area on the back side of the Lowe’s building that is not depicted in the site plan. The method of securing the area will need to be identified in the Final #Z-05128 Lowe’s CUP/PUD Mod Staff Report 7 PUD Plan. The enclosure will need to be constructed of a high quality, aesthetically pleasing material. A chain link fence will not be an acceptable means of defining the area. M. Landscape Design- The guidelines suggest the incorporation of native species in the landscape design, a coordinated landscape palette and clusters of landscaping for visual interest. The proposed landscape plan appears to meet all of these functions. N. Buffers- The back side of the Lowe’s building will be buffered with a considerable number of trees. The landscape plan depicts 25 Spruce and Pine trees and 12 Elms. 3. Building Design (pages 37-48): A. Building & Topography- The buildings do follow the general lay of the land as suggested. B. Building Character- The guidelines for building character for “All Corridors” strongly discourages franchise architecture. The building design has been modified significantly from the original plan and appears to provide additional architectural detail making the building unique to Bozeman. C. Primary Building Entrance- The primary entrance provides a covered entrance and an enclosed vestibule as requested by the Design Review Board. The primary entrance is oriented toward the parking lot and a plaza area. The design guidelines strongly suggest “double fronted” design when an entrance is facing a parking lot instead of a street. D. Street Level Interest- The guideline discourages the presentation of a back side of a building to a streetscape. The building design includes a regular pattern of metal sided offsets with gable-end, parapet walls on the back side of the building. E. Building Mass & Scale- The building design does effectively incorporate vertical and horizontal elements and utilizes a change in vertical height and a change in roof form to provide some human scale features. However, even with all of the additional architectural detail the Lowe’s building design does not visually reduce the overall mass of a 165,765 square foot building. In exchange for the requested relaxation to the 75,000 square foot maximum allowable square footage for a large scale retail facility the Planning Staff has recommended a condition of approval to reduce the mass and scale of the building and to address human scale. The building should be broken into a minimum of 4 modules including the garden center. All of the modules can be open internally but each module should be restricted with maximum square footage and offset. Staff recommends each module be offset by a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size. The alternative is to restrict the building to 75,000 square feet maximum, inclusive of the garden center, or to break up the building into several smaller buildings similar to the new Kenyon Noble building on Oak Street. The Design Review Board has recommended a modification to the condition of approval allowing the modulation to be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. F. Roof Form- The building design incorporates two roof form elements necessary for approval: a flat roof with parapets and multiple roof planes. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 8 G. Building Materials- The primary exterior siding is split face CMU with rock veneer and metal accents. The metal is an appropriate material for the corridor and the building use. However, the metal surface cannot be reflective. H. Building Complex- The development guidelines for the PUD will assure unified building design. I. Service Canopies- Not applicable. The policy is specific to gas station canopy design. J. Color- The guidelines recommend muted earth tones with bolder colors used primarily for accent only. The main primary building elements are in earth tones with blue and what appears to be galvanized metal accents. K. Utilities & Mechanical Equipment- The UDO requires all mechanical equipment to be screened from view. The elevations do not depict any roof top, wall mounted or ground mounted mechanical equipment. The final site plan shall identify the location of all mechanical equipment and identify the method of screening. 4. Sign Design (pages 49-56): A. Sign Context & Position- The signs do not dominate the buildings and appear to be well integrated into the site and building design. B. Sign Type- The Planned Unit Development was originally approved with a sign relaxation to allow larger multi-tenant pylon signs. Wall mounted signs are depicted on three of the four elevations. C. Sign Materials- The signs appear to be primarily channel letters. D. Sign Lighting- The plans indicate that all of the signs are internally illuminated. E. Sign Content- The letter styles and sizes are compatible with the building design. F. Wall Murals- Not applicable. 5. Corridor Specific Guidelines: C. North 19th Avenue & Oak Street Corridor (pages 69-79)- 1. Existing agricultural site features and/or resources should be integrated into a newer development when feasible. Not applicable. 2. Create a “green edge” along the front of the property. The landscape plan depicts a considerable amount of landscaping along the west property line and along Tschache Lane. The development guidelines established with the original PUD will ensure that the landscaping adjacent to Baxter Lane will also exceed the minimum standards. 3. Minimize the impact of parking lots. A variety of plant materials have been depicted along the west and south property lines to minimize the visual impact of the parking lots. The future #Z-05128 Lowe’s CUP/PUD Mod Staff Report 9 development adjacent to Baxter Lane will also be required to install earthen berms and a variety of plant materials to obscure the parking lots from the streetscape. 4. A detached pedestrian and bike boulevard trail shall be provided in the setback. The property does not front on the Entryway Corridor so the trail system is not required. Instead city standard sidewalks will be installed along Baxter Lane and Tschache Lane as requested by the Planning and Engineering Departments. 5. Provide safe and convenient pedestrian and bicycle circulation within and between projects. The multiuse paths on the east and west sides of the development and the interior pedestrian connections will ensure safe and convenient pedestrian and bicycle circulation between development projects in this corridor and within this development. 6. Building Materials- The corridor specific guidelines suggest that wood and masonry are the preferred exterior wall finishes. The primary material proposed is split face CMU. 7. Streetscape Elements- The guideline suggests the incorporation of appropriate streetscape elements such as: street trees; simple furnishings; bicycle facilities; landscaped shelter areas with map displays; and transit stops. Since the project is not directly adjacent to North 19th Avenue or Oak Street the bicycle facilities are not required but street trees and benches are still expected to be incorporated into the open space areas. 8. Sign Type- Low profile signs and building mounted signs are the most appropriate signs for this corridor. The PUD was already approved for multi-tenant pylon signs similar to Bridger Peaks Town Center. The plans depict two of the pylon signs on Tschache Lane and wall mounted signs on three of the four elevations. 9. Sign Design Attributes- Although the project was originally approved with a sign relaxation to allow one pole sign to exceed the allowable height by 12 feet and 50 square feet in area, one pole sign to exceed the allowable height by 4 feet and 16 square feet in area and one monument sign to exceed the allowable height by 6 feet and 32 square feet in area there still should not be a problem with the signs disrupting the distant views of the mountains. Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the City Commission 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 classification in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: #Z-05128 Lowe’s CUP/PUD Mod Staff Report 10 4.9 Community Character-  The front façade is appealing the human scale. However Planning Staff still feels it necessary to modulate the building to significantly reduce the impacts of a building that is 260 feet deep and 630 feet long. The following large scale retail buildings can be used for comparison: Home Depot 114,208 retail and nursery total square feet Kenyon Noble 90,556 retail and nursery + 41,250 square foot warehouse Bridger Peaks Town Center in-line structure 137,781 square feet  The use would be conveniently located near trail and transit system. Although the retailer has indicated that the use is primarily auto dependent. This will provide for alternative methods of transportation for employees.  The project was reviewed against the Design Objectives Plan for its compliance with the Entryway Overlay District guidelines. The primary focus of discussion was in regards to mitigating the size of the building. 6.6 Land Use-  The plan does provide services within a major employment center.  Oak Street is the defining line for Regional Commerical uses. The areas to the south are designated Community Commerical, Neighborhood Commercial and Residential. The objective further suggests that the uses within the Regional Commercial area are appropriately sized. A task force was created to determine ways to mitigate possible impacts of large scale retailers. The results of their findings were adopted into the UDO which includes a 75,000 square foot size limitation. The main building, exclusive of the garden center, exceeds the maximum by 59,563 square feet. 8.14 Environmental Quality & Critical Lands-  The lots have been planned outside of the watercourse setback. A 35 foot watercourse setback was previously established with the original Planned Unit Development.  Given the height of the building there should be minimal impacts to the viewshed from the Entryway Corridor. 10.8 Transportation-  Two trails will be constructed within the PUD. A multi use path will be constructed on the east and west sides of the property with sidewalks being constructed along the north and south property lines. Additional pedestrian pathways will provide connections from the parking lot to the entrances of the building. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 11 2. Conformance to this title, including the cessation of any current violations a. Section 18.34.130 requires the applicant to submit seven (7) copies a Final Site Plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as 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 enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a sign permanently affixed immediately in front of each space containing the notation “Compacts Only.” g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. j. The FSP shall be adequately dimensioned. k. 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. Note: A C factor of #Z-05128 Lowe’s CUP/PUD Mod Staff Report 12 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. l. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. 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. 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. o. 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. p. 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". q. 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. r. 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. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 13 s. 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. t. The Montana 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. u. All existing utility and other easements must be shown on the FSP. v. 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). w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. x. 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. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. 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 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10’ from all trees including landscape islands. 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. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 14 3. Conformance with all other applicable laws, ordinances, and regulations The applicant is required to provide copies of all applicable permits and approvals from other agencies. The applicant was originally approved for concurrent construction. Additional materials, such as a financial guarantee and proof of fire hazard liability insurance will still need to be provided in order for the City to issue building permits prior to completion of infrastructure improvements. 4. Relationship of site plan elements to conditions both on and off the property The adjacent development includes a 77,500 square foot, 120-room hotel, 8,000 square foot restaurant, 12,000 square foot retail building, 114,000 square foot home improvements store, 137,781 square foot multi tenant retail building. Planning Staff has recommended a condition of approval regarding the modulation of the building in order to address mass, scale and compatibility. The Design Review Board suggested some alternative articulation of the rear façade but decided to leave the final wording of the condition up to the City Commission. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The traffic study indicates that the existing turning movements at the North 19th and Tschache Lane intersection and the North 19th Avenue and Baxter Lane intersection operate at a Level of Service A to C. The overall impacts upon opening day would diminish the Level of Service to D and E for some of the turning movements. The ten year impacts result in a diminished Level of Service to F. The traffic study further indicates that the Level of Service would diminish despite the approval of the Lowe’s development and lists several recommendations to minimize potential impacts. At a minimum Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. In addition, Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe’s, but prior to construction of phase II. Planning Staff agrees with the parking calculations provided in the submittal (467 parking stalls total). No relaxations from the minimum parking requirements have been requested. Staff has concluded that shared parking should be provided with the future uses to the north and south. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe’s building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe’s building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 15 6. Pedestrian and vehicular ingress and egress Pedestrian access will be provided to the site via multi use paths along the east and west property lines with pedestrian pathways through the parking lot. Sidewalks will be installed within the right of way for Baxter Lane and Tschache Lane. The DRC has conditioned the improvements to the trail system along the east and west property lines to insure construction with the Lowe’s project. Vehicular access is primarily from Tschache Lane with secondary access from Baxter Lane. There are three accesses noted on to Tschache Lane with one vehicle access located on Baxter Lane. Shared access the hotel and restaurant will also be provided from Baxter Lane. 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 guidelines suggest the incorporation of native species in the landscape design, a coordinated landscape palette and clusters of landscaping for visual interest. The proposed landscape plan appears to meet all of these functions. 8. Open space The originally approved Master Plan for the Planned Unit Development for this property indicates 11.72 acres of open space with a majority of the open space adjacent to the Walton Stream/Ditch and Baxter Lane. The open space has been reconfigured with the proposed amendment to the PUD with a total of 11.96 acres of open space now depicted. A total of 11.44 acres of open space is required for the Planned Unit Development. The new plan for the complex depicts more dispersed open space areas with an expansion of the green space between the proposed Lowe’s building site and the Stoneridge Subdivision to the west (Montana Furniture, Hilton Garden Inn and Old Chicago) and an expansion of the green space (“reflection area”) adjacent to Tschache Lane. The proposal will still maintain a 35 foot setback as originally approved (compared to the 50 foot setback required under the U.D.O.). 9. Building location and height The Master Plan for the property depicts the buildings in clusters on the north and east side of the proposed Lowe’s building. The one story Lowe’s building is well below the maximum height permitted through the PUD. The previous approval established a maximum building height of 48 feet. 10. Setbacks A 25 foot setback is required from Baxter Lane and Tschache Lane. A minimum 8 foot setback is required along the west property line and a 35 foot watercourse setback was previously established with the original approvals. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 16 11. Lighting A lantern style light was originally approved for the commercial complex. Although the light does not meet code it was understood that the light would only be installed within the development and would not be permitted adjacent to the public streets. All other lights, including security lighting, must meet the UDO requirements. 12. Provisions for utilities, including efficient public services and facilities The sanitary sewer is located in Baxter Lane and the water is being connects from the Stoneridge development to the west. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 13. Site surface drainage The proposed detention pond is noted in the northeast corner of the subdivision. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14. Loading and unloading areas The unloading berth is located on the southeast corner of the building, facing Tschache Lane. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 15. Grading Minimal grading will be required. The property already slopes gradually to the north and northeast corner of the property. A grading plan will be submitted to the Engineering Department for review. 16. Signage The PUD was originally approved with a sign relaxation to allow one pole sign to exceed the allowable height by 12 feet and 50 square feet in area, one pole sign to exceed the allowable height by 4 feet and 16 square feet in area and one monument sign to exceed the allowable height by 6 feet and 32 square feet in area. The actual sign plan and the total square footage will be evaluated with the sign permit. 17. Screening The plans depict a fence along the east side of the building presumably for storage. The area would face towards the trail and stream corridor until additional buildings were constructed #Z-05128 Lowe’s CUP/PUD Mod Staff Report 17 on the east side of the property. A condition of approval was recommended to insure that no chain link would be used and that a more visually pleasing fence will be constructed. Additionally, the UDO requires all parking lots to be screened from the public street with landscaping. The final landscape plan will be evaluated to insure compliance. 18. Overlay district provisions The Preliminary PUD Plan was reviewed against the Design Objectives Plan guidelines for “All Corridors” and for the “North 19th Avenue & Oak Street Corridor.” The Design Review Board recommended conditional approval of the project with the requested relaxation on a vote of 3 to 1. 19. Other related matters, including relevant comment from affected parties No public comment has been received to date. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: 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; 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. A shared access agreement will be required for all of the approaches onto Baxter Lane and Tschache Lane. A shared access agreement is already in place along the west property line. In addition, the Planning Office recommends a condition regarding shared parking for future development in order to avoid large expanses of unused parking facilities. In the event the future development of Lots 2 and 3 provide a parking study indicating additional parking needs then the applicant can request to modify the condition of approval through the Conditional Use Permit process. 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 property is 40 acres with the Lowe’s proposal utilizing 15 acres of the site. There is more than adequate space for the proposed uses while still meeting all of the yard, parking and open space requirements. The proposal is very similar in size a development pattern to the adjacent Bridger Peaks Town Center aside from the building size. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 18 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. The only adverse impact still of some concern is the overall mass of the building and the appearance of the backside of the building in particular. A condition of approval has been recommended by Planning Staff and subsequently modified by the Design Review Board. 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 Not applicable. b. Special yards, spaces and buffers A 120 foot deep open space area has been depicted adjacent to Tschache Lane, a 40 foot deep open space area has been noted along the west property line, a 90 foot deep space has been planned adjacent to Baxter Lane and a 150 foot to 500 foot deep open space area has been noted along the east property line. c. Special fences, solid fences and walls No chain link fences will be permitted. d. Surfacing of parking areas All public parking areas will be paved, striped and appropriately signed. e. Requiring street, service road or alley dedications and improvements or appropriate bonds Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. f. Regulation of points of vehicular ingress and egress One access is noted from Baxter Lane 1,250 feet from the Stoneridge access and offset approximately 300 feet from Simmental Way. Three accesses will be provided from Tschache Lane. The westernmost access is over 200 feet from the North 19th Avenue intersection and the other accesses provide a 300 foot and 600 foot separation distance, aligning with the Bridger Peaks Town Center accesses. g. Regulation of signs A sign relaxation was granted in 2002. h. Requiring maintenance of the grounds Maintenance of the grounds will be regulated by the covenants and the City’s municipal code. i. Regulation of noise, vibrations and odors Regulation of noise, vibration and odors will be regulated by the covenants and the City’s municipal code. j. Regulation of hours for certain activities Not applicable. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 19 k. Time period within which the proposed use shall be developed This is a multi phased PUD with Lowe’s proposed as the first phase. If approved the final site plan for Lowe’s and the amendments to the final PUD plan must be submitted within 6 months. l. Duration of use The outline of the Renewal Plan is described on page 4 of the applicant’s submittal. m. Requiring the dedication of access rights Not applicable. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner City shall be party to the covenants and design guidelines to ensure compliance with the approved Planned Unit Development. Section 18.36.090 “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: a. All Development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory “All Development” group. 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 plan complies with all of the design standards for water, trails, sanitary sewer, irrigation, fire, private utilities and storm drainage. The developer has argued that the Baxter Lane improvements required are not equitable. The condition of approval regarding the Baxter Lane improvements has been a requirement from the original review of the PUD in 2002. The Engineering Department has suggested that there may be an opportunity for impact fee credits for this project. However, this project is not on the current CIP list. 2. Does the project preserve or replace existing natural vegetation? There is very little existing natural vegetation on the property except for the associated wetland vegetation since the property has been farmed for years. The wetland boundary will be identified in the spring and the area will be left, for the most part, undisturbed. 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? The elements of the site design have been arranged in a manner that continues the pattern of development already existing along North 19th Avenue. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 20 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? As the developer has indicated, a large format retail store of this nature is auto oriented. However, the location is in close proximity to future transit locations and will be part of the City’s trail system thus enabling some opportunities for a reduction in energy consumption. 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? Not applicable. No residential development is currently contemplated with this development. 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 master plan for the development depicts additional buildings oriented to address the stream and trail corridor. Otherwise, plan is for the backside of the Lowe’s building to face towards the designated open space area adjacent to Walton Stream/Ditch. Additional open spaces have been noted on the south side of the building as well. This area is well landscaped and will provide a sheltered area for customers and employees. 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. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR – One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The PUD meets the minimum 30 points required for a PUD in the North 19th Avenue & Oak Street Corridor. The originally approved PUD for this property and the current proposal utilized on-site open space to meet the points. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 21 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 property is integrated with the adjacent development to the west. Two accesses will be constructed to connect the parking lots of the Hilton Garden Inn and Old Chicago with the Lowe’s parking lot. The trail along the west property line and the internal pathway connections will also provide a means for circulation between developments. c. Commercial. Planned unit developments in commercial areas (B-1, B-2 and B-3 zoning districts) may include either commercial or multi-household development, however adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the Bozeman area. 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 property is adjacent to North 19th Avenue (the southwest corner) which is designated as a principal arterial street in the Transportation Plan. Controlled access has been provided. A 200 foot separation distance has been noted between the access onto Tschache Lane and the signal at North 19th Avenue intersection. 3. Is the project on at least two acres of land? The proposal depicts the proposed Lowe’s utilizing 15 of the 40 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.? The master plan describes the potential for a mix of retail and office uses. The development guidelines will insure that the buildings relate architecturally. The plan for the future phases appears to relate well with the open space, stream corridor and the streetscape. In addition to the shared vehicle circulation areas it is Planning Staff’s assertion that the future uses to the north and south of the Lowe’s building should also share parking facilities in order to reduce the overall amount of asphalt. The Lowe’s parking lot accounts for approximately half of the Lot (7.29 acres out of 15.93 acres). #Z-05128 Lowe’s CUP/PUD Mod Staff Report 22 5. Is it compatible with and does it reflect the unique character of the surrounding area? The project is compatible and building design and reflective of the Bozeman architectural character. The building would be more compatible with the North 19th Avenue and Oak Street corridor if the rear and sides of the building could better address mass and human scale. 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? The master plan does depict future pedestrian and vehicular connections with the development of the other phases of the PUD. 7. Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? The proposal is in general compliance with the growth policy. It provides a regional commercial use within an appropriately designated area. Instead of meeting the maximums established for retail buildings for the City of Bozeman the applicant has requested an additional relaxation to the approved Planned Unit Development. The DRC and DRB support the additional relaxation with the conditions outlined at the end of the staff report. 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? Aside from the required 30% open space and the required transportation trail along the stream/ditch the plan also depicts a gazebo and a semi-covered display area within the open space adjacent to Tschache Lane. Section 18.40.180.D. Additional Criteria and Site Development Guidelines for Certain Retail Developments 1. Applications for large scale retail development shall include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the City Commission finds that: a. The plan conforms to the City’s growth policy and the requirements of this title or parts thereof for the municipality as a whole; b. A sound and adequate plan exists for said redevelopment; c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the City; and d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of “ghost signage.” #Z-05128 Lowe’s CUP/PUD Mod Staff Report 23 The applicant chose to submit a brief outline of the possible methods of mitigation of a dark store rather than the detailed renewal plan as suggested in the UDO. A more detailed plan that addresses all of the criteria above will need to be submitted for review by the City Commission prior to final site plan approval and the issuance of a building permit. 2. The City may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal or demolition of structures, improvements or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the provisions of this title and offering recourse to the City if the redevelopment is not completed as determined by the City. Upon review of the renewal plan the City Commission may determine that a formal agreement should be drafted and recorded that obligates the owner to redevelop the property and offering recourse if the redevelopment is not completed as approved in the renewal plan. RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, 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: Recommended Conditions of Approval: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe’s building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe’s building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size or modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. #Z-05128 Lowe’s CUP/PUD Mod Staff Report 24 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. 7. The pedestrian corridors within the Lowe’s parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11. The metal siding and roof shall be a non-reflective color and finish. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: i) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; j) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; k) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; l) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; m) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; n) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; o) a report on the impacts of the project’s approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project’s approval on wages and benefits of existing businesses; and #Z-05128 Lowe’s CUP/PUD Mod Staff Report 25 p) a report demonstrating applicant’s plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City’s affordable housing account. In addition, the applicant shall establish an escrow account in the name of the City of Bozeman, and shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio-economic impacts. If the mitigation costs less than $400,000, the balance in the escrow account shall be returned to the applicant. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. 17. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe’s, but prior to construction of phase II. CONCLUSION/RECOMMENDATION The DRC and DRB have reviewed the modification to a previously approved Conditional Use Permit application for a Planned Unit Development to amend the established unified development plan to include an additional relaxation to allow a relaxation from Section 18.40.180.B Limitations on Size of Retail Stores to allow the Lowe’s store to exceed the 75,000 square foot maximum floor area for a retail building, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site 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 #Z-05128 Lowe’s CUP/PUD Mod Staff Report 26 way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Exhibit A –Submittal Materials Design Review Board Minutes 7.7.05 Report Sent To: Philip Saccoccia, Jr. (email) Susan Swimley (email) Lowe’s HIW, Attn: Jack Mandel, 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Morrison-Maierle, Inc., 306 West Railroad Street, Suite 105, Missoula, MT 59808 1 3 2 SA C C O C C I A P . U . D . FI N A L S I T E P L A N SA C C O C C I A P . U . D . FI N A L S I T E P L A N O F X