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MULLAN UNION PACIFIC CLARK FORK M E X E C U T I V E S U M M A R Y CASE PLANNER: Hilary Schoendorf REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARINGS: CC: August 23, 2010 AGENDA ITEM: 3620 Mullan Rd / Carmike Cinemas Conditional Use Request – “Enterprise Commercial” as Conditional Use in C1-4 APPLICANT & Carmike Cinemas FEE OWNER: 3620 Mullan Road Missoula, MT 59802 APPLICANT’S WGM Group REPRESENTATIVE: 1111 E. Broadway Missoula, MT 59802 LOCATION OF 3620 Mullan Rd on the north side of Mullan Rd between REQUEST: Clark Fork Ln to the west and N. Reserve to the east, with an undeveloped subdivision to the north LEGAL The legal ad was published in the Independent on July 29th and NOTIFICATION: August 5, 2010. The site was posted on August 2, 2010. Adjacent property owners within 150 feet of the site were notified by certified mail on July 23, 2010. ZONING: C1-4, Neighborhood Commercial GROWTH POLICY: The applicable amendment to the 2005 Missoula County Growth Policy is the 2005 Wye-Mullan West Comprehensive Area Plan, which designates the property as Highway/Heavy Commercial. ---PAGE BREAK--- 2 Surrounding Land Uses Surrounding Zoning North: Commerical (Undeveloped) C1-4/EC, Neighborhood Commercial with Enterprise Commercial Overlay South: Commercial (Walmart) C2-4/EC, Community Commercial with Enterprise Commercial Overlay East: Commercial C2-4/EC, Community Commercial with Enterprise Commercial Overlay West: Commercial (Bank & Undeveloped) C1-4, Neighborhood Commerical C-C2, General Commercial, County RECOMMENDATION THAT the conditional use request be approved. ---PAGE BREAK--- 3 3620 Mullan Rd/ Carmike Cinemas Conditional Use Request August 10, 2010 I. RECOMMENDED MOTION THAT the “Enterprise Commercial” use be APPROVED as a Conditional Use in the C1-4, Neighborhood Commercial zoning district in the location of Carmike Cinemas at 3620 Mullan Rd in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.05.020(D) and 20.85.070, subject to the recommended conditions of approval and based on the findings of fact in the staff report. II. CONDITIONS OF APPROVAL 1. The expansion of Carmike Cinemas at 3620 Mullan Road shall comply with all applicable portions of Title 20, to be reviewed and approved by OPG prior to building permit approval, in compliance with Section 20.85.070 of Title 20, Missoula City Zoning Ordinance. 2. A 30 foot back of curb to back of curb paved access road with a 6 foot curbside sidewalk on one side or at a minimum a temporary 24 foot wide paved access road with pindown curbs connecting the subject property to Union Pacific Street within the existing 45 foot wide private access easement across Lots 3 and 4 of Payne Subdivision shall be constructed subject to review and approval by OPG and City Engineering, prior to approval of a Certificate of Occupancy for the proposed theaters. III. INTRODUCTION This is a request from Carmike Cinemas ownership, represented by Jeff Smith of WGM Group, to approve the “Enterprise Commercial” use as a Conditional Use in the C1-4, Neighborhood Commercial Zoning District for the location of Carmike Cinemas at 3620 Mullan Rd. Carmike Cinemas is located on the north side of Mullan Road between Clark Fork Lane to the west and N. Reserve to the east, with an undeveloped subdivision to the north. The applicant requests the Conditional Use in order to expand the existing theater by adding two large format screens, 800 additional seats, associated bicycle and vehicular parking and pedestrian facilities. IV. APPLICABLE ZONING REGULATIONS Title 20 Zoning Ordinance, Section 20.85.070(H) outlines the review criteria for review of conditional use applications. According to the Zoning Ordinance, “not all review criteria will apply in every case…[and] only the applicable review criteria need to be met.” Uses that require conditional use approval may be approved by the City Council only when Council determines that the proposed uses meet all the applicable review criteria. V. CONDITIONAL USE REVIEW CRITERIA Findings of Fact: ---PAGE BREAK--- 4 General Site Geography 1. The parcel is 7.507 acres and is located on the north side of Mullan Rd across from Walmart to the south, between Clark Fork Ln to the west and N. Reserve to the east, with the Payne subdivision to the north. The Payne Subdivision is currently undeveloped. 2. The subject property is the current site of Carmike Cinemas. Carmike has existed and operated at this location since 1997. 3. The existing cinema is approximately 36,370 square feet with 10 large format screens and 1,314 seats. There are currently 232 on-site parking spaces and 29 spaces provided by a shared parking agreement with Treasure State Bank (Attachment A – Mutual Access Agreement). 4. The subject property has two points of access from Mullan Road, a shared access with the parking lot of Wholesale Sports, a mutual access agreement with Treasure State Bank to the west, and a private access easement with Gateway Limited Partnership to the east which terminates into a right-only onto N. Reserve. 5. Mullan Road is classified as a Minor Arterial and N. Reserve which is approximately 650 feet to the east of the subject property is classified as a Principal Arterial. 6. The 2008 Missoula Long Range Transportation Plan indicates that N. Reserve Street and Mullan Road were “at capacity” in 2005 in the vicinity of the Carmike Cinemas. Both of these roads were classified by traffic engineers with a Level of Service D (LOS Level of Service is a measure used by traffic engineers to determine the effectiveness of transportation infrastructure. The transportation LOS system uses the letters A through F, with A being the best and F being the worst. 7. Neither of the two points of access from the subject property to Mullan Road are controlled intersections. In exiting the Carmike Cinemas site, the ability to make a left turn to head east on Mullan Road is inhibited by the proximity of the access to the Reserve/Mullan intersection, the amount of traffic on Mullan Road, and the proximity of Walmart directly to the south. 8. Patrons of Carmike Cinemas may exit through the Treasure State Bank’s parking lot via the Mutual Access Agreement onto Clark Fork Lane, which intersects with Mullan Road at a signalized intersection; however, it is not clear to Carmike patrons that there is an exit to a signalized intersection through the Treasure State Bank parking lot. 9. Carmike has access to a 30 foot wide private access easement with a 27 foot wide road that terminates into an uncontrolled intersection at N. Reserve. This intersection is restricted so that vehicles exiting from the private road may only turn right onto N. Reserve, and only southbound traffic on N. Reserve may access this road. 10. Carmike Cinemas is accessible to Union Pacific Street via a circuitous 30 foot wide private access easement with a 27 foot wide road that provides access to Walgreens, Outback and Wholesale Sports. The Union Pacific/N. Reserve is a signalized intersection. 11. There are no access strips along the west side of the private road on Lot 5 of the Payne Subdivision except opposite the existing access point to the southern portion of the Walgreen’s parking lot. The no access strip along the private road indicates that the road was not intended to serve as the main access for new development. 12. Payne Subdivision, a 5-lot subdivision to the north of the subject property, was filed in February of 2007 and remains undeveloped. Between Lots 3 and 4 of the Payne Subdivision, there is a 45 foot wide private access easement that abuts the northeast corner of the subject ---PAGE BREAK--- 5 property (Attachment B – Payne Subdivision Plat). 13. The Missoula City Council required the 45 foot private access easement through the Payne Subdivision in order to provide motorized and non-motorized connections from the Carmike Cinema property to Union Pacific Street, as recommended by City Engineering. 14. City Council required the subdivider of Payne Subdivision to construct a 30 foot wide paved road with curb and gutter and a 6 foot wide curbside sidewalk on one side of the road subject to review by City Engineering (Attachment C – Conditions of Approval of Payne Subdivision). 15. The 45 foot wide private access easement between Lot 3 and 4 of the Payne Subdivision has not been constructed to date (Attachment D – 45’ Easement to Connect Carmike to Union Pacific). The subdivider provided an Improvements Agreement for construction of the road and walkway within the easement with the filing of the Payne Subdivision final plat in February of 2007. The Improvements Agreement has been extended with approval of City Engineering until January 29, 2011. 16. The City Engineer has indicated that the Improvements Agreement will not be extended past the current January 2011 deadline. 17. A condition of approval requires an access road to be constructed within the 45 foot wide easement of the Payne Subdivision, connecting the Carmike property to Union Pacific Street. 18. The subject property is within the Missoula Urban Transportation District. The property is served by Bus Route No. 10 with service along Mullan Rd. 19. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. 20. The subject property is served by City sewer and Mountain Water Company. 21. The subject property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 22. The property is located within the Air Stagnation Zone. Parcel History 23. The subject property is legally described as COS 3914 in Section 18 of Township 13 North, Range 19 West, P.M.M. The subdivision was platted in March of 1991. 24. A building permit indicates that Carmike Cinemas was built in 1997; this proposal would be the first expansion since its construction. 25. Prior to 1978 the subject property was unzoned. In 1978, the property was located in the County and zoned C-C2 General Commercial. On June 23, 1997, the property was annexed into the City and zoned C Commercial per Resolution No. 6015. 26. On November 4, 2009, the Title 20 Missoula City Zoning Code became effective. In the revised code, the C Commercial zoning district transitioned to the C1-4 Neighborhood Commercial zoning district. There are no overlay districts on this parcel. Comprehensive Plan 27. The applicable land use plan for the subject property is the 2005 Wye-Mullan West Comprehensive Plan, an amendment to the 2005 Missoula County Growth Policy Update. 28. The Wye-Mullan Plan designates the subject property as Highway/Heavy Commercial. 29. The subject property is inside the Urban Growth Area, described by the Wye-Mullan Plan ---PAGE BREAK--- 6 as an area where uses require large land requirements. Recommended uses include: retail trade and services, automobile sale and services, outdoor recreation, cultural facilities, and eating and drinking establishments. 30. The Wye-Mullan Plan encourages development to establish pedestrian and transit-friendly development. Zoning Districts 31. The subject property is zoned C1-4 Neighborhood Commercial and is the current site of the Carmike Cinemas. 32. Currently Carmike Cinemas is 36,370 square feet with 10 large format screens and 1,314 seats. The applicant would like to expand the existing theater by adding 11,889 square feet for two large format screens and 800 additional seats 33. Under Title 20 Missoula City Zoning Ordinance, Section 20.10.020, Enterprise Commercial Uses require conditional use review. Enterprise Commercial use is described in Section 20.105.040 as, “A use classified in the commercial use group…that contains more than 30,000 square feet of gross floor area, whether contained in a single building or contained within multiple buildings on a single development site…” 34. Although the existing facility exceeds 30,000 square feet, it is the proposed expansion that is triggering the Conditional Use review process. Carmike Cinemas will total 48,259 square feet and per the regulations requires review as a conditional use. 35. Section 20.40.050 of the Missoula City Zoning Ordinance requires additional standards for Enterprise Commercial uses. The standards serve to mitigate the visual impact of the parking lot and the bulk of any proposed structures, encourage internal pedestrian circulation and transit friendly services, and allow City Council to impose conditions (Attachment E – Enterprise Commercial Standards). 36. The applicants are providing an 8 foot sidewalk along the full length of the proposed building where there is a public entrance and along any façade abutting public parking stalls. Pedestrian walkways, 6 feet in width, will be provided to connect the theater to Mullan Road and the North Gateway Business Center. Crosswalks will be striped and colored to differentiate between pedestrian walkways and vehicle driving surfaces. 37. The applicant’s conditional use proposal meets all the standards of Section 20.40.050 for an Enterprise Commercial use. 38. The subject property is surrounded by the following zoned lands: C2-4/EC Community Commercial/Enterprise Commercial to the south; C1-4/EC Neighborhood Commercial/Enterprise Commercial to the north; C1-4 Neighborhood Commercial and C-C2 General Commercial to the west; and C2-4 Community Commercial to the east. 39. The uses that surround the subject property are: Walmart Shopping Center to the south, Treasure State Bank and an undeveloped lot to the west, undeveloped Payne Subdivision to the north, and Wholesale Sport, a professional office and an undeveloped lot to the east. 40. In the C1-4 zoning district, if the subject parcel is not abutting a residential district, there are no required setbacks. The subject property is not abutting a residential district, and therefore, has no required setbacks and a maximum building height of 125 feet. 41. Title 20, Section 20.85.070 requires conditional use proposals to comply with all applicable standards of the Missoula City Zoning Ordinance, including Chapter 20.60, Parking ---PAGE BREAK--- 7 and Access, and Chapter 20.65, Landscaping. 42. In the Title 20 parking chapter, the required parking for a theater is 1 space for every 4 seats. The proposal includes 2 new screens and 800 seats, which equates to an additional 200 required parking spaces to the site. There are 232 existing on-site parking spaces and 29 spaces provided by a shared parking agreement with Treasure State Bank. 43. With the proposed expansion, the site will have a total of 2,100 seats, and a parking requirement of 525 spaces. The applicant is proposing to add, in addition to the 232 on-site spaces and 29 spaces shared with Treasure State Bank, 261 spaces and12 spaces (equivalent to 3 vehicle spaces) to meet the required parking. 44. Currently there is a portion of the subject property, approximately 65,000 square feet, adjacent to Mullan Rd that has been left undeveloped and landscaped. With the proposed expansion, this land will be used to accommodate the increase in parking and will be converted to a parking lot. 45. The parking chapter requires 1 short-term bicycle parking space per 10 motor vehicles. The addition requires 200 parking spaces; therefore, 20 short term bike parking spaces are required. Short-term bicycle parking provides a location for customers to park their bikes for a short period of time. The bicycle parking will be provided between the front entrance of the existing theater and the front entrance of the proposed theater. 46. No long term bicycle parking is required since there will be no increase in the number of employees. Long term bicycle parking provides secure and weather protected bicycle parking for employees. 47. In the landscaping chapter, it states that, “parcels occupied by enterprise commercial uses, general site landscaping must be provided on at least 20% of the parcel.” 48. On the applicant’s landscaping plan it states, “A landscaped area of 20% is not available given site constraints, access and parking requirements.” The applicants are proposing to landscape 15% of the parcel. 49. The applicant is using Section 20.65.100, Alternative Compliance, since they are unable to meet the general site landscaping requirements. Section 20.65.100 allows the applicants to deviate from a strict compliance with the landscaping requirements, if they submit a landscape plan that is prepared and stamped by a landscaped architect licensed in the State of Montana. 50. The landscape plan that has been submitted is signed/stamped by Luke Phinney, a licensed landscaped architect in the State of Montana. 51. A note on the landscaped plan reads as follows: “The project goal is to satisfy the intent of the landscaping ordinance by providing additional landscaping amenities. The parking lot buffer along Mullan Road is being designed to contain elements that enhance the aesthetics along the public right-of-way and provide additional screening/buffering for the parking lot above what would normally be provided/required by the landscaping ordinance.” 52. According to the applicant’s submittal packet, a description of the buffer along Mullan Road is described as, “A decorative masonry wall is included along the parking lot side of the buffer; the landscaped buffer along Mullan will be graded from one foot behind the sidewalk to the top of this wall to allow an attractive slope and plantings along the length of the buffer.” 53. On the front elevation of the proposed building, there is a sign that reads, “Big In the C1-4 zoning district, only 1 wall sign is allowed per building frontage. The existing theater already ---PAGE BREAK--- 8 has a wall sign; therefore any additional wall signs would be required to obtain approval from the Design Review Board. Conclusions of Law: 1. Whether the proposed use complies with all applicable standards of the Title 20 Zoning Ordinance; 1. The applicant’s conditional use proposal complies with Title 20, Missoula City Zoning Ordinance standards with regard to parking, landscaping, enterprise commercial, and building and parcel standards. 2. All proposed signs will be reviewed prior to sign permit approval. 3. The applicant’s building permit submittal for the new expansion is required per the recommended condition of approval to comply with all applicable sections of the Title 20 Missoula City Zoning Ordinance. 2. Whether the proposed use is in the interest of public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community; 1. The existing Carmike Cinemas has been in existence since 1997 providing convenient access to residents that live in the adjacent vicinity. 2. The existing Carmike Cinemas has not adversely impacted, nor is it anticipated with the expansion to adversely impact, the general welfare of the neighborhood or community. 3. Whether the proposed use is compatible with the character of the surrounding area in terms of site planning, building scale and project design; 1. The 2005 Wye Mullan Plan recommends that the area contain uses such as: retail trade and services, automobile sale and services, outdoor recreation, cultural facilities, and eating and drinking establishments 2. The subject property is surrounded by commercial uses that range from retail stores, grocery stores, restaurants, and professional offices. The existing theater and expansion of the theater serve to provide a compatible use to the area. 3. The subject property is surrounded by parcels with similar or identical parcel and building standards. The appearance of the proposed addition will match the façade and building scale of the existing Carmike Cinemas. 4. Whether the proposed use has operating characteristics that are compatible with the surrounding area in terms of hours of operation, outdoor lighting, noise, and traffic generation; and 1. The proposed addition will be expanding an existing use that was established in 1997. 2. The proposed use will operate on a daily schedule with peak hours of use and occupancy in the evening and weekends. 3. The outdoor lighting and noise characteristics of the proposed use are compatible with the surrounding area. The light and noise resulting from the proposed use are commercial in scale. 4. The parking, access, and surrounding road infrastructure will be adequately sized and designed to manage the traffic generated by the proposed use, if the recommended condition of approval requiring the road connection from the Carmike Cinemas site across the Payne Subdivision to Union Pacific Street is imposed. ---PAGE BREAK--- 9 5. Whether the proposed use will not have a significant adverse impact on traffic safety or comfort, including all modes of transport (non-motorized and motorized). 1. The proposed use will not have a significant adverse impact on traffic safety or comfort, regardless of the mode of transportation, if the recommended conditions of approval are imposed. The existing motorized and non-motorized transportation infrastructure through and around the subject property is adequately sized and designed to manage the anticipated loading, if the recommended conditions of approval are imposed. VI. AGENCY COMMENT MUTD: “Mountain Line appreciates the efforts to improve the pedestrian experience and has no other comments on this project.” (Stephanie Lawson Millar, Transit Planner) BUILDING DEPARTMENT: “The only comment from the building dept. is the need to obtain all the required permits.” (Don Verrue, Building Inspector) CITY ENGINEERING: “We have been working with WGM on vehicular and pedestrian access issues. The attached preliminary site plan has addressed our concerns. Engineering has no other comments regarding this application. However we will still need to review and approve the final plans and there are permits (such as ADA and Grading) that must be obtained prior to construction.” (Doug Harby, City Engineer) HEALTH DEPARTMENT – WATER QUALITY DIVISION: “In general, the Water Quality District/Health Department supports storm water design that adds separation to groundwater and infiltrates slowly such as grassy swales and rain gardens. These can often be incorporated into landscape designs such as landscape islands and boulevards. Compared to traditional sumps/stormwater injection wells, these designs allow for photo-degradation in addition to biological breakdown of contaminants the may be found in stormwater. This area has sufficient separation to groundwater for sumps and their use is certainly not precluded. If better designs can be incorporated, this is preferred. Thank you for the opportunity to comment.” (Travis Ross, Environmental Health Specialist) HEALTH DEPARTMENT – “The Air Divisions only concern with this conditional use is AIR QUALITY DIVISION: that pedestrian and bicycle infrastructure be put in with this new construction. “ (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT: “This office has no concerns regarding this request.” (Tom Barger, Environmental Health Specialist) ---PAGE BREAK--- 10 BICYCLE PEDESTRIAN “I have no comments on this proposal." (Phil Smith) COORDINATOR: OPG TRANSPORTATION “Is there any flexibility in the subdivision regs to require that DIVISION: parking lot landscaping to be better for stormwater drainage? i.e. rain gardens or swales or something.” (Ann Cundy, Senior Transportation Planner) POLICE DEPARTMENT: No comment received prior to issuance of staff report. PARKS & RECREATION: No comment received prior to issuance of staff report.) FIRE DEPARTMENT: “Missoula Fire Department fully supports this project, and the installation of fire sprinklers throughout.” (Bob Rajala, Fire Marshal) HISTORIC PRESERVATION: No comment received prior to issuance of staff report. URBAN INITIATIVES: No comment received prior to issuance of staff report. CITY ATTORNEY: No comment received prior to issuance of staff report. COUNCIL REPRESENTATIVES See comments from Pam Walzer, Ward 2 VII. ATTACHMENTS A. Mutual Access Easement Agreement with Carmike and StateTreasure Bank B. Payne Subdivision Plat C. Conditions of Approval of Payne Subdivision D. 45’ Easement to Connect Carmike to Union Pacific E. Enterprise Commercial Standards F. Pam Walzer Comments dated 7/9/2010 G. Title 20, Section 20.85.070(I) Conditional Use “Factors to be Considered” ---PAGE BREAK--- 11 ATTACHMENT A – Mutual Access Easement Agreement with Carmike and Treasure State Bank ---PAGE BREAK--- 12 ---PAGE BREAK--- 13 ---PAGE BREAK--- 14 ---PAGE BREAK--- 15 ---PAGE BREAK--- 16 ATTACHMENT B – Payne Subdivision Plat ---PAGE BREAK--- 17 ---PAGE BREAK--- 18 ATTACHMENT C – Conditions of Approval of the Payne Subdivision ---PAGE BREAK--- 19 ATTACHMENT D – 45’ Easement to Connect Carmike to Union Pacific ---PAGE BREAK--- 20 ATTACHMENT E – Enterprise Commercial Standards ---PAGE BREAK--- 21 ---PAGE BREAK--- 22 ---PAGE BREAK--- 23 ATTACHMENT F – Pam Walzer Comments dated 7/9/2010 ---PAGE BREAK--- 24 ATTACHMENT G - Title 20, Section 20.85.070(I) Conditional Use “Factors to be Considered”