HomeMy WebLinkAbout20412_StaffReport_Final Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 1 of 16
Application No. 20412 Type Site Plan
Project Name Whole Foods & Pad Site Redevelopment
Summary Site plan for the construction of two commercial buildings: one 30,000 square foot
grocery store and one 10,000 square foot pad building with associated parking lot
upgrades at the Gallatin Valley Mall.
Zoning B-2 Growth Policy Regional Commercial &
Services
Parcel Size 37.42 acres/ 9.95 acres with this application
Overlay District(s) None
Street Address 2905 West Main Street, Bozeman, MT 59715
Legal Description S11, T02 S, R05 E, C.O.S. 467A Parcel Tract 1, Acres 37.42, Less HWRY (IMPS Only –
RGG2245 – RGG33539 – RGG42148 – RGG34032 – RGG65797)
Owner Gallatin Mall Group, LLC, 2880 Grant Road, Suite A, Billings, MT 59102
Applicant Koenig Consulting, 280 Fern Lane, Dillon, MT 59725
Representative Grossman Development Group, 405 Cochituarte Road, Suite 302, Framingham, MA
01701
Staff Planner Sarah Rosenberg Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
04/07 – 04/22/2021 04/07/2021 04/07/2021 N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
4/2/2021 The application is adequate, conforms to
standards, and is sufficient for approval with
conditions and code provisions
Design Review Board 4/14/2021 Approval
Recommendation Approval
Decision Authority Director of Community Development Date June 1, 2021
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 2 of 16
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of
the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to
redevelop an existing developed site to permit two commercial buildings within the B-2 zone district. The
purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare,
and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, the
standards of Ch. 38, BMC; and related and supporting standards, and to determine whether the application
should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer
comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory
bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site
Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the Director makes the following
decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the
conditions listed in this report and the correction of any elements not in conformance with the standards of the
Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,
justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable
regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2021 Martin
Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the
City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal
with and paying an appeal fee to the Department of Community Development for the City of Bozeman within 10
working days after the date of the final decision as evidenced by the Director’s signature, following the
procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 3 of 16
CONDITIONS OF APPROVAL
1. 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.
2. BMC 38.570.040.G. Building elevations displaying the average footcandles must be submitted prior to
building permit issuance.
ADVISORY COMMENTS
1. DSSP II.B.5 - The storm line running through the site is to be privately owned and maintained. A
drainage report must be submitted with infrastructure review and include a storm drainage
facilities maintenance plan in accordance with DSSP II.B.5.a-c
2. BMC Section 38.270.030 (A.1) Improvements to be dedicated to the public - Improvements to be
dedicated to the public, such as the storm main and water main must be installed in accordance
with the approved plans and specifications by the developer, and certified by a registered
professional civil engineer, licensed in the state, and accepted by the city prior to the approval of
the building permit.
3. DSSP Fire Service Line Standard - The applicant must prepare plans and specifications for any fire
service line in accordance with the City’s Fire Service Line Policy. The plans must be prepared by a
Professional Engineer and be provided to and approved by the City Engineer prior to initiation of
construction of the fire service or fire protection system. The applicant must also provide
Professional Engineering services for construction inspection, post-construction certification and
preparation of mylar record drawings. Fire service plans, and domestic services 4” or larger, must
be a standalone submittal, separate from the site plan submittal. City of Bozeman applications for
service must be completed by the applicant.
4. DSSP V.C Utility Design Criteria - The applicant must prepare plans and specifications for proposed
storm main realignment in accordance with the City’s Utility Design Criteria. The plans must be
prepared by a Professional Engineer and be provided to and approved by the City Engineer prior to
initiation of construction of the storm main.
5. Proposed water line adjustment will require to be tested in accordance with COB design standards.
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 4 of 16
Figure 1: Current Zoning Map
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 5 of 16
Figure 2: Site plan
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 6 of 16
Figure 3: Whole Foods Building
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 7 of 16
Figure 4: Whole Foods Building
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 8 of 16
Figure 5: Pad Site Commercial Building
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 9 of 16
ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, plans, public comment, and all other materials available during the review period.
Collectively this information is the record of the review. The analysis in this report is a summary of the
completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall
consider the following:
1. Conformance with Article 1 - Consistency with the City’s adopted
Growth Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Regional Commercial and Services Yes
Zoning B-2 (Community Business District) Yes
Comments: The site plan conforms to the zone district and growth policy land use designation as it is
located on a physically large and economically prominent facilities and nearby transportation facilities. The
Gallatin Valley is a regional mall that services the overall community. The redevelopment and addition of
the grocery store and multi-tenant building fit within this development. The property is within the City’s
municipal boundary and service area. The project is a redevelopment of an existing developed site with
incremental greater intensity of use. Staff finds that the project does contribute to the goals of the
Community Plan as set forth in Chapter 2.
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Meets Code?
Condominium ownership NA
Comments: There is no condominium ownership affiliated with this project. The development complies with
the regulations outlined in this staff report. See analysis below.
3. Conformance with Article 2, including the cessation of any current
violations (38.200.160) Meets Code?
Current
Violations
None Yes
Comments: There are no current violations on the subject property.
4. Conformance with Article 2 - Submittal material (38.220) requirements
and plan review for applicable permit types (38.230)
Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development
38.230.020.B
No. of phases: NA NA
Comments: The application meets all the site plan submittal requirements. Public comment was received
questioning the submittal materials. The Development Review Committee has reviewed and found that
the application is within the scope of the standards set by the UDC and that it conforms to the plan
review criteria as outlined below.
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 10 of 16
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special
use Permit) 38.230.120
NA
Comments: NA
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Commercial Yes
Form and intensity standards 38.320
Zoning: B-3 Setback
(feet)
Structures Parking
/
Loading
Yes
Front Block frontage standard, see section 7a
Rear 10 feet 10 feet
Side 5 feet 8 feet
Alley NA NA
Comments: The form and intensity standards set by the B-2 zone district are met with this application.
See section 7a below for block frontage analysis.
Lot
coverage
23% Allowed 100% Yes
Building
height
24’ & 38’ Allowed <3:12
57’
3:12>
66’
Yes
Comments: The grocery store maximum height is 38’. The commercial pad site building height is 24’. Being
located in the regional commercial and service classification, a 50% height increase is allowed.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: NA
General land use standards and requirements 38.350 NA
Comments: There are no encroachments.
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA NA
Comments: There are no supplemental uses or types with this application.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: NA
6a. Conformance with Article 4 - Community Design Provisions:
Transportation Facilities and Access (38.400)
Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 Yes
Access easements NA
Level of Service
38.400.060
Yes Transportation grid adequate to serve
site
Yes
Comments: Public comment was received regarding adequacy of the TIS and compliance with standards
after development. The provided TIS identified the intersection of Huffine/Main Street & College may
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 11 of 16
operate at a level of service (LOS) of “D” during the PM Peak Hours. The existing intersection of Huffine
Lane/Main Street & College Street is considered to be fully constructed to its maximum lane and turning
movement capacity. Per BMC 38.400.060.B.4.a, an exception to the LOS C requirement is granted. An
exception to the LOS C requirement is also granted under BMC 38.400.060.B.4.a for the intersection of
College Street and S 23rd Avenue that is also constructed to its maximum lane and turning lane
configuration. Per BMC 38.400.060.b.4.b.2 an exception to the LOS C requirement is also granted for the
intersections of Huffine Lane/Main Street and Fowler Avenue and Babcock Street and Fowler Avenue.
These intersections are scheduled for reconstruction in FY23 as part of City Capital Improvement Project
SIF 114 Fowler Avenue - Huffine to Oak Street project. The improvements will raise the level of service to
C or better. Any further (re)development on the subject property (Gallatin Valley Mall) may require a
Transportation Impact Study.
Sidewalks 38.400.080 Yes
Comments: A sidewalk along Huffine connects to the grocery store on site. The internal drive aisles
contain 12-foot wide sidewalks. Additional sidewalks are located within the parking lot and meet width
standards.
Drive access 38.400.090 Access to site: 3 Yes
Fire lanes, curbs, signage and striping Yes
Comments: There are three existing access points off Huffine into the mall. A roundabout replaces the
existing “T” intersection from the center access to the site. The roundabout is expected to improve
overall function over the existing T intersection.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar
transportation facilities
Yes
Public transportation 38.400.120 NA
Comments: An existing sidewalk along Huffine connects to the property and additional sidewalks
connect along the drive aisle from the center access. The proposed development does not inhibit the
existing transit access to the site.
6b. Conformance with Article 4 – Community Design Provisions:
Community Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comments: No neighborhood center is required for this project.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: Not applicable as it is already an existing lot.
If the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area
NA
Provisions for utilities including efficient public services and utilities
38.410.050-060
Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 12 of 16
Comments: CIL of water rights was paid for the property per adopted City standards.
Municipal infrastructure requirements 38.410.070 NA
Comments: Adequate municipal sewer and water supply exists for the project.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Comments: Public comment was received on this subject. The area being redeveloped is a lesser portion of
the total site. Review and compliance with current standards is limited to the area of redevelopment. The
development has proposed utilizing an underground stormwater detention facility as well as surface
retention to capture on-site stormwater runoff generated from the development that will address the
stormwater control need for this application and reduce impacts on the existing stormwater system for the
overall site. Based on the information provided by the applicant, engineering concluded that the proposed
stormwater facilities are in accordance and comply with City design standards. It should be noted, that the
existing stormwater facility located on the Northwest corner of the overall subject property (Gallatin Valley
Mall) is not intended to service the proposed development. Any future development applications that
intend to utilize the existing mall stormwater facility will be reviewed at that point in time to ensure City
design standards are satisfied.
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
Comments: There is no watercourse on site.
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. NA
Cash donation in lieu (CIL) 38.420.030 NA
Improvements in-lieu NA
Comments: There is no residential component to this project so parkland is not required.
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comments: There is no residential component to this project so parkland is not required
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Mixed, Internal storefront Yes
Departure criteria Entrance facing street Yes
Comments: Huffine Lane’s classification is mixed block frontage with the option to comply with landscape
block frontage. The Whole Foods building meets all block frontage standards set by both with the exception
of the requirement to have a building entrance facing the street. The applicant requests a departure from
this standard. The main entrance faces the internal drive aisle and parking lot to the north. The north side
of the building adheres to the internal storefront block frontage standard.
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 13 of 16
Where a property fronts onto more than one block frontage, each building must be sited and placed on the
property in an order of precedence. Streets take precedence over an internal drive aisle. Therefore, the
code requires the entrance to face Huffine Lane to the south, rather than the internal roadway. Departures
may be considered provided the location and front orientation of the buildings are compatible with the
character of the area and enhance the character of the street. A departure has been requested to allow for
the main entrance to the Whole Foods be located on the north side of the building facing the internal
roadway. The applicant’s justification is a public entrance from Huffine is not feasible from an operational
standpoint and is not pragmatic given that the building is required to be setback 50 feet from the road. The
building sits well below the sidewalk elevation and the nearest curb cut would be approximately 400 feet
away. It is also anticipated that as the mall redevelops, the orientation of pedestrian movement and
connection will change to be inward rather than towards Huffine. Therefore, the applicant states that for
safety and redevelopment purposes, an entrance along the internal roadway meets the intent of the
departure criteria. The DRC is in support of granting this departure.
The multitenant commercial building internal to the property fronts onto an internal roadway to the east
and south. The building meets the standards set by the internal roadway storefront block frontage. There is
a 12 foot wide sidewalk that wraps around the building, adequate façade transparency, entrances that face
the roadway, and weather protection along the majority of the façade. No block frontage departure is
requested for this building.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are integrated
with the organizational scheme of the community, neighborhood, and other
approved development and produce an efficient, functionally organized and
cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes
Non-motorized circulation and design systems to enhance convenience and
safety across parking lots and streets, including, but not limited to paving
patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: Enhancements to the western side of the existing parking lot contain walkways that connect
the new buildings to the existing mall. Each proposed building site contains direct pedestrian access.
Design of vehicular circulation systems to assure that vehicles can move
safely and easily both within the site and between properties and activities
within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: Internal roadways are located to the north of the Whole Foods building and the east of the
multi-tenant commercial building. Street trees and sidewalks line the internal roadway. The internal
roadway down the center of the development provides a central median and on street parking. A
roundabout links the two internal roadways.
On-site open space 38.520.060 NA
Total required 2% of the site area NA
Total provided NA NA
Comments: While open space is not a requirement for this application, future open space requirements
will be assessed with the continuing development of the mall. The area developed in this application will
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 14 of 16
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 152 Yes
Parking requirements residential
38.540.050.A.1
NA
Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential
38.540.050.A.2
152
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 178
Provided on-street NA
Bicycle parking 38.540.050.A.4 7
Comments: The site previously included a restaurant that was recently demolished. With the new uses,
152 parking spaces are required. With the redevelopment of the parking lot, there is still a sufficient
amount of parking to accommodate the new uses and the existing uses. In total, there are 1,734 spaces.
7 bicycle parking spaces are required for the new uses, 36 are provided between the two buildings.
Loading and uploading area requirements 38.540.080 Yes
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height Yes
Additional berth – minimum 45 feet length Yes
Comments: The loading and unloading area for the Whole Foods is located to the west of the building, is
screened appropriately, and allows for adequate maneuverability.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes
Additional screening Yes
Street frontage Yes
Street median island Yes
Acceptable landscape materials Yes
be considered in future calculations in order to determine the cumulative open space requirements. The
application provides adequate open space for both buildings that does meet the City’s design standards.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Mechanical and utility equipment is screened via landscaping and a screen wall. The trash
enclosure is appropriately screened by landscaping.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the
site and the adjacent neighborhoods and other approved development
38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: Both buildings meet building design standards. The Whole Foods building incorporates wood
siding and concrete panels as the primary materials. The south elevation incorporates green screens to
treat the blank wall. Blank wall standards do not apply to the west elevation since it is adjacent to an
existing building that blocks the visibility of it from the public street or pedestrian pathway. The multi-
tenant commercial building incorporates wood siding and composite panel as the primary materials.
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 15 of 16
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The existing parking lot is enhanced with additional parking lot landscaping. High efficiency drip
irrigation is used throughout the site. Street trees and plantings line the internal roadways.
Landscaping of public lands 38.550.070 NA
Comments: There are no public lands on site.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA
Proposed SF/building NA NA
Comments: Signage is not provided with the application. A sign permit is required prior to erecting any sign.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature)
38.570.040.B
Yes
Comments: Site lighting meets lighting standards. All proposed lighting is full cutoff. Condition of
approval number 2 requires that elevation lighting is provided prior to building permit issuance to
distinguish that entrance lighting and façade lighting meets standards.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: There are no wetlands or floodplains on site.
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: Public notice period adhered to standards. Public comment was received mainly in opposition
of the project as follows:
A. Estes: Concerns that the Whole Foods will have large impacts economically, traffic impacts around the
mall area, and environmental impacts to the water resources.
B. Andreasen: Concerns that the Whole Foods will have significant impacts to traffic in the area and
negative impacts on water resources, stormwater runoff, and pollution.
Bozeman Matters: A petition from community members stating concerns that the project will have negative
impacts on the traffic, stormwater runoff and pollution. There is concern that the store will have negative
impacts to local stores and there are already enough grocery stores in Bozeman.
D. Trainor: Opposition to Whole Foods and that the out of state corporations have negative impacts on the
local businesses and culture.
J. Chute: Concerns that the Whole Foods will have negative environmental impacts on the area and that
there are already enough grocery stores.
J. Driskell: Concerns about traffic, parking, and stormwater issues
R. Liebscher: Concerns that out of town businesses will remove the city’s charm and local businesses and
employees will lose their jobs.
R. Mecklenburg: That the project does not have the interests of the community.
S. Perrin: That the project will have a negative impact on local jobs.
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 16 of 16
A letter from MSWD PLLP (K. Wilson) who represents Bozeman Matters provided a letter concerning traffic
and transportation issues and water quality issues. Memos within the letter from HydroSolutions and
Greenlight Engineering are included to reference the concerns with transportation and water quality.
There was one public comment in support of the application.
Staff considered all public comment during its review. Only comments relevant to the development of the
site and the City’s regulations were addressed with this application. Elements of some comments were
outside of the purview of the City and cannot be addressed with this application review.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA
Required easements NA
Comments: NA