The Alberta Bair Theater (ABT) submitted an encroachment permit to add a plaza/landscaping area on the north side of the theater along 3rd Ave. N.  City staff denied the permit for several reasons which are detailed in the attached letter.  ABT submitted a request for an appeal which was heard at the November 26, 2018 council meeting.  Council directed staff to work with the ABT to review options to reduce impact to the right of way.  The modified plan is included for the Council's consideration.

Generally, the changes that were made include moving the curb line in toward the building two additional feet from what was proposed and moving the landscaping and benches back to 18" behind the curb.  In addition, the striping for lanes will begin to taper east of the intersection to create a very gentle skew in the travel lanes.  These changes will help with snow removal by widening the lanes by a foot each and giving 18" behind curb for snow storage.  Also, moving the curb and encroachments back will help to create wider lanes for the traveling public as well as reducing the skew in the road.  There was additional discussion about modifying the landscape and seating concept to address concerns about maintenance.  Staff and the ABT both agree that the modified design will work well if the encroachment is approved.  The exhibits that are attached show a concept for the landscaped area but details may change during site plan review.  If details change, the area granted for the encroachment will remain consistent.

The City Council may:

• Approve the encroachment permit for the ABT, or;
• Disapprove the encroachment permit for the ABT. If the permit is not approved, the design for the site will need to conform to the available land.

The administrative cost for the permit is covered by the permit fee. If the encroachment permit is approved, the annual cost is $1/sq. ft. for a total annual cost of $320.  Because the City of Billings is the actual property owner, the fee would be assessed to the City. 

Staff recommends that the City Council approve the encroachment permit.