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HomeMy WebLinkAbout21407 Staff Report Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 1 of 16 Application No. 21407 Type Site Plan Project Name Bozeman Legion Baseball Indoor Facility Summary Headwaters Engineering, Inc. (the ‘Applicant’) submitted a Site Plan, Legions Baseball SP, Application 21407 on April 13, 2022 on behalf of Gallatin County (the ‘Property Owner’), who leases a portion of the site to Bozeman Legion Baseball (the ‘Bucks’). The application was deemed adequate for review on July 11, 2022. The Site Plan submittal was for one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. The site plan is for a portion in the northeast corner of the much larger fairgrounds site. There is an existing gravel parking lot that is intended to be utilized with two new ADA parking spaces and a new ADA accessible sidewalk proposed. As part of the application, the Applicant requested 15 agency exemptions as allowed per Mont. Code Ann. § 76-2-402 (2019). The City Commission reviewed the agency exemption requests and approved 14 of the 15. See Section 2 for additional discussion and the Commission’s final approval motion. Attached is the Staff Report for the Agency Exemption, which provides additional staff analysis and discussion. Zoning PLI Growth Policy Public Lands and Institutions Parcel Size 64.73 acres Overlay District(s) None Street Address 901 N Black Ave Legal Description Imes Addition, S06, T02 S, R06 E, Acres 64.731, Part of Blocks 3 & 4 & All Blocks 5-13 & 16-27 Plus Vacant Streets & Alleys Less Tract A, Plat C-41-D, City of Bozeman, Gallatin County, Montana. Owner Gallatin County Fairgrounds, 311 West Main St., Bozeman, MT 59715 Applicant Gallatin County Fairgrounds, Dennis Voeller, 311 West Main St., Bozeman, MT 59715 Representative Headwaters Engineering, Garrett Schultz, 190 Northstar Lane, Bozeman, MT 59718 Staff Planner Lynn Hyde Engineer Karl Johnson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/31/2022 – 08/16/2022 07/31/2022 07/31/2022 07/31/2022 & 08/07/2022 Advisory Boards Board Date Recommendation Development Review Committee 7/12/2022 The application is adequate for review City Commission 8/16/2022 The City Commission reviewed the 15 requested agency exemptions. The motion to approve 14 of the 15 agency exemptions passed 5-0. Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority City Commission (Agency Exemptions) Date 8/16/2022 Decision Authority Director of Community Development (Site Plan) Date 8/26/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 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 permit one building (8,640 sf) to be used as indoor baseball practice area within the Public Lands Institute (PLI) zoning 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, and the standards of Ch. 38, BMC; 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 26th day of August 2022, Anna Bentley, Interim Director of Community Development, or their designee, 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 Clerk of the Commission 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 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report prov/ided to the Director of Community Development. 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 (BMC) or State law. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 3 of 16 CODE REQUIREMENTS 1. Prior to Certificate of Occupancy, the Applicant must provide at least 4 bicycle parking spaces in a location approved by City staff and with bicycle racks consistent with BMC 38.540.050.A.5. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 4 of 16 Figure 1: Current Zoning Map Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 5 of 16 Figure 2: Land Use Designation Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 6 of 16 Figure 3: Proposed site plan Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 7 of 16 Figures 4-6: Elevations & Conceptual Renderings Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 8 of 16 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 9 of 16 ANALYSIS AND FINDINGS Analysis and resulting recommendations 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 Public Lands and Institutions Yes Zoning PLI (Public Lands and Institutions) Yes Comments: The public institutions uses are allowed within the zoning district pursuant to Section 38.310 of the Bozeman Municipal Code. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy where applicable. Section 38.330.030 states: “To the maximum extent allowed by state law, all PLI development must be subject to review and approval as provided for by this chapter, based upon recommendations received from the applicable review bodies established by article 2 of this chapter as may be applicable, and must be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines.” 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Conflicts Yes, with agency exemption Comments: Fifteen agency exemptions were requested for this site plan application. The City Commission reviewed the agency exemption requests on August 16, 2022 and recommended approval (with modification) to 14 of the 15 requests with the final motion below that passed 5-0. Final motion of approval. “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for an application 21407 and move to approve the Agency Exemption Requests numbers one through seven and nine through fifteen and further move that the city of Bozeman match any donation up to fifteen hundred dollars that might be made by the Gallatin County Commission for the installation of bike racks at the baseball facility, and that the only exemptions from the City’s sign code allowed in this application be for size, number and location.” Condominium ownership NA Comments: NA Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 10 of 16 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The original development of the Fairgrounds predated zoning and development requirements and has many components that do not meet current development standards, also known as non-conforming. Subsequent improvements and development at the Fairgrounds has happened through incremental improvements and agency exemptions. This application is proposing the addition of one building, located internally on the site, and small improvements on the exterior of the building. No other portions of the existing site are proposed to be changed. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes, with agency exemption Submittal requirements 38.220.100 Yes, with agency exemption Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The Applicant requested an agency exemption from providing landscape plans. The agency exemption request was approved by the City Commission. Refer to Exhibit A, 21407 Agency Exemption CC SR, Page 9 for additional discussion. 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 Nonprofit Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front 0 0 Rear 0 0 Side 0 0 Alley 0 0 Comments: In the PLI district, there are no setback requirements, except when a lot is adjacent to another district. The setbacks must then reflect the setbacks required for the adjacent district. The proposed building and improvements are adjacent to another parcel zoned PLI, thus regular setbacks are not applicable. The proposed improvements are greater than 60 feet from the property line, thus no conflict is foreseen. Lot coverage NA in PLI zoning district Yes Building height NA in PLI zoning district Yes Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 11 of 16 Comments: There are no lot coverage or building height limits in the PLI zoning district. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: There are no applicable supplemental uses/types. 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 NA Street and road dedication 38.400.020 NA Access easements NA Level of Service 38.400.060 NA Transportation grid adequate to serve site NA Comments: No traffic impact study was required. Sidewalks 38.400.080 Yes Comments: Adequate pedestrian facilities are in place along the rights of way in the form of sidewalks or shared use paths. No new sidewalks are proposed along the streets adjacent to the subject parcel. Drive access 38.400.090 Access to site: Yes Fire lanes, curbs, signage and striping Yes Comments: The fairgrounds site has multiple access points to the property from West Tamarack Street and West Oak Street. The new facility is located internally to the site, and users will either access it from the north (via West Oak Street) or from the south (via West Tamarack Street). No new access is required or proposed. Street vision triangle 38.400.100 NA Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Sidewalk or multiuse path are in place along all street frontages of the fairgrounds. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: NA Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 12 of 16 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 NA Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water rights (CILWR) NA Comments: NA Municipal infrastructure requirements 38.410.070 NA Comments: NA Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes, with agency exemption Comments: The application provided stormwater calculations that were reviewed and found sufficient by the Engineering Department. The Applicant requested an agency exemption for the landscaping of the stormwater treatment facilities which was approved by the City Commission. Refer to Exhibit A, 21407 Agency Exemption CC SR, Page 9 for additional discussion. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Parkland dedication is not applicable Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: NA 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Types NA Departure criteria List departures here NA Comments: The proposed building and site improvements are well within the interior of the site, with limited to no street view, thus there are no applicable block frontage standards for the project. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 13 of 16 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 38.520.040 Yes, with agency exemptions Comments: The Applicant is requesting six agency exemptions in this section. City Commission approved the following 5 agency exemptions. • 38.520.040.C.1 Non-motorized circulation and design • 38.520.040.C.4 Pedestrian paths through parking lots • 38.520.040.C.5 Connection to adjacent properties • 38.520.040.D.2 Pathway design • 38.520.040.D.3 Pathways separated by landscaping requirements The City Commission did not approve the agency exemption requesting to be exempt from providing bicycle facilities as required per 38.520.040.E. Section 7d discusses the required bicycle facilities further. Refer to Exhibit A, 21407 Agency Exemption CC SR, Page 9-11 for additional discussion. 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 38.520.050 NA Internal roadway design 38.520.050.D NA Comments: No internal drives are needed or proposed. On-site open space 38.520.060 NA Total required NA Total provided NA Comments: There is no open space required. Location and design of service areas and mechanical equipment 38.520.070 Yes, with agency exemption Comments: The Applicant is requesting an agency exemption from location and design of service and mechanical equipment (38.520.070.D.1). City Commission approved the agency exemption. Refer to Exhibit A, 21407 Agency Exemption CC SR, Page 11 for additional discussion. Vehicle circulation routes and access points are already in place and changes are not proposed. 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, with agency exemption Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 14 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes, with code requirement 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 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 43 Provided on-street NA Bicycle parking 38.540.050.A.4 Yes, with code requirement Comments: Using the health and exercise building use ratio of 1 space per 200 square feet, a total of 43 parking spaces are required for this building. There are an adequate number of parking spaces provided for the proposed use within the existing Fairgrounds parking lot. The proposal is required to provide bicycle parking in light of the agency exemption request being denied, thus bicycle facilities being required. BMC 38.540.050.4 states that bicycle parking facilities must be provided at a ratio of ten percent of the number of automobile parking stalls, thus 4 bicycle parking spaces (rounding to the nearest whole number) are required. The Applicant has provided a proposed location near the entrance of the building, with inverted U racks which meets the code requirement. The bicycle racks must be provided prior to Certificate of Occupancy. Refer to Code Requirement 1. Loading and unloading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Building details, materials, and blank wall treatments 38.530.050-070 Yes, with agency exemption Comments: The Applicant is requesting an agency exemption from the building massing and articulation requirement (38.530.040.B) and blank wall treatment requirements (38.530.070.C). City Commission approved the agency exemption. Refer to Exhibit A, 21407 Agency Exemption CC SR, Page 12 for additional discussion. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 15 of 16 Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes, with agency exemption Drought tolerant species 75% required NA Parking lot landscaping Yes, with agency exemption Additional screening NA Street frontage NA Street median island NA Acceptable landscape materials NA Protection of landscape areas NA Irrigation: plan, water source, system type NA Residential adjacency NA Comments: The Applicant is requesting an agency exemption from the parking lot landscaping requirements. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 Yes, with agency exemption Proposed SF/building Yes, with agency exemption Comments: The Applicant requested an agency exemption from all sign requirements. Commission approved the agency exemption with a modification limiting the scope and scale of the exemption. Specifically, the exemption approved was for the size, number and location of signs, however the remainder of the sign code remains applicable to the site and is not exempted. See the specific approved motion in Section 2. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B NA Comments: 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no known or mapped floodplains or wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public comment period ran from July 31 to August 16, 2022, was posted on site and mailed to adjacent owners on July 31, 2022 and was published in the local newspaper July 31, 2022 and August 07, 2022. There were 37 public comments received in support of the project and agency exemptions. Public testimony was also received at the public hearing for the agency exemptions. The link to the recorded meeting and public hearing is here: https://bozeman.granicus.com/player/clip/346?view_id=1&redirect=true&h=3898172f90197c67242d3ee468e989eb Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 22, 2022 Page 16 of 16 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: NA Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 1 of 13 Application No. 21407 Type Site Plan Project Name Bozeman Legion Baseball Indoor Facility Summary The Site Plan proposes one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. There is an existing gravel parking lot with two proposed new ADA parking spaces and a new ADA accessible sidewalk proposed. Zoning PLI Growth Policy Public Lands and Institutions Parcel Size 64.73 acres Overlay District(s) None Street Address 901 N Black Ave Legal Description Imes Addition, S06, T02 S, R06 E, Acres 64.731, Part of Blocks 3 & 4 & All Blocks 5-13 & 16-27 Plus Vacant Streets & Alleys Less Tract A, Plat C-41-D, City of Bozeman, Gallatin County, Montana. Owner Gallatin County Fairgrounds, 311 West Main St., Bozeman, MT 59715 Applicant Gallatin County Fairgrounds, Dennis Voeller, 311 West Main St., Bozeman, MT 59715 Representative Headwaters Engineering, Garrett Schultz, 190 Northstar Lane, Bozeman, MT 59718 Staff Planner Lynn Hyde Engineer Karl Johnson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/31/2022 – 08/16/2022 07/31/2022 07/31/2022 07/31/2022 & 08/07/2022 Advisory Boards Board Date Recommendation Development Review Committee 7/12/2022 The application is adequate for review City Commission 8/16/2022 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 2 of 13 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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 (BMC) or State law. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 3 of 13 Figure 1: Current Zoning Map Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 4 of 13 Figure 2: Land Use Designation Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 5 of 13 Figure 3: Proposed site plan Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 6 of 13 Figures 4-6: Elevations & Conceptual Renderings Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 7 of 13 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 8 of 13 PROJECT SUMMARY & AGENCY EXEMPTION REQUEST Headwaters Engineering, Inc. (the ‘Applicant’) submitted a Site Plan, Legions Baseball SP, Application 21407 on April 13, 2022 on behalf of Gallatin County (the ‘Property Owner’), who leases a portion of the site to Bozeman Legion Baseball (the ‘Bucks’). The application was deemed adequate for review on July 11, 2022. The Site Plan submittal was for one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. The site plan is for a portion in the northeast corner of the much larger fairgrounds site. There is an existing gravel parking lot that is intended to be utilized with two new ADA parking spaces and a new ADA accessible sidewalk proposed. The Site Plan application included 15 agency exemption requests per MCA 76-2-402 that are to be reviewed and approved, conditionally approved, or denied by the Bozeman City Commission. While the community development director is the review authority for Site Plans as provided in BMC 38.200.010, Montana Code Annotated (MCA) 76-2-402 allows agencies to request exemptions from local zoning requirements if the agency proposed to use public land contrary to local zoning regulations. A public hearing must be held within 30 days of the date the agency gives notice to the local governing body. ‘Notice’ given by the agency to the local governing body occurs when the City determines that project is adequate for review. Note the public hearing was originally scheduled for August 9, which was within the 30-day period, however the Applicant requested it to be pushed back due to scheduling. The City Commission is the review authority on any requests for agency exemptions. Prior to the 2021 Montana legislative session, the law governing agency exemptions stated in relevant part, “(2) The [Board of Adjustments] shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.” See Mont. Code Ann. § 76-2-402 (2019). As a result of an amendment to the law in the 2021 session, the requirement to only hold a public hearing without the ability to deny the requested agency exemptions has been removed and the law now reads in its entirety: 76-2-402. Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing. (2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations. See Mont. Code Ann. § 76-2-402 (2021). Consequently, the City Commission as the local governing body now has the ability to approve or deny requests for agency exemptions. The Bozeman Municipal Code’s Chapter 38: Unified Development Code (UDC or BMC) contains regulations adopted to govern the division, development, and use of land within the city limits. These regulations apply to all private and public lands including all structures and buildings over which the city has jurisdiction. The intent of the UDC is to protect public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified (38.100.040.A). The UDC states that “persons undertaking the . . . development. . . have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large (38.100.080.A). The burden of proof lies with the applicant, not the city, to show compliance with the UDC prior to requesting an agency exemption, and that the exemption will not create a public or private health, safety, and general welfare hazard. While the UDC sets minimum development standards with the public interest and community goals in mind, there is also the acknowledgment that each site is unique with its own individual nuances that requires some flexibility. The UDC affords flexibility through departures, variances, deviations, or in this case, agency exemptions. One of the Bozeman Strategic Plan goals is to foster successful collaboration with other public agencies and build on these successes (Strategic Plan goal 1.3 Public Agencies Collaboration). Staff has reviewed the Site Plan and exemptions requested and determined that Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 9 of 13 agency exemption requests 1 – 7 and 9- 15 are approvable and have minimal impact to the safety and general welfare of the city. The proposed building is located internally on the site, and will be minimally visible from the public rights of way, alleviating the policy considerations behind UDC codes such as design standards and block frontage requirements, from which the applicant seeks exemption. However, staff believes that agency exemption request 8, which would allow the applicant to not install otherwise required bicycle parking facilities, does impact the public health, welfare and safety. Staff’s analysis and recommendation to require adequate bicycle parking facilities is found on page 11 in this staff report. . The City Commission has the ability to approve, conditionally approve, or deny an agency exemption request. However, the review authority for the Site Plan application is the Community Development Director. Note that this Site Plan application l does not comply with adopted standards and therefore cannot be approved without the City Commission’s approval of the agency exemptions, unless noted otherwise. The application requests the following agency exemptions: 1. BMC 38.220.100 Submittal Requirements for Landscape Plans o Code Requirement: Site Plan submittals must include landscape plans prepared by a professional as part of an application. o Request: The Applicant is requesting an agency exemption from submitting a landscape plan as “no further landscaping is proposed, in order to maximize the indoor recreation space and not impede further into the existing ballfield footprint. o Staff Analysis: If proposed agency exemptions 7 and 14 are approved, there is no need for a landscaping submittal. 2. BMC 38.410.080.H Stormwater retention/detention facilities o Code Requirement: Site plans require developers to install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and must conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. o Request: The Applicant is requesting an agency exemption from installing stormwater retention or detention facilities stating “limited funding and the nature of the site already consisting of nearly 4 acres of landscaping. Additionally, the buildings, parking areas, and open spaces already existing at the Gallatin County Fairgrounds site do not include landscaped stormwater amenities, so this request would be in-line with the existing conditions of the developed areas of the property. The storm facilities will be seeded or sodded with grass to match the surrounding areas.” o Staff Analysis: The Engineering Department reviewed the request and found no risk to public health and safety if this agency exemption is approved. Drainage control is being provided for the portion of the fairgrounds being modified with this application. 3. BMC 38.520.040.C.1. Internal Circulation. o Code Requirement: For sites with multiple buildings, pedestrian paths or walkways connecting them must be provided. o Request: The Applicant is requesting an agency exemption, stating the site is “very large, spread out. . . the closest sidewalk on the Fairgrounds, outside of the baseball facility, is 285 feet to the west. The nearest roadside sidewalk is nearly 600 feet to the south, along Tamarack St. The Fairgrounds site has limited sidewalks to connect to.” o Staff Analysis: Due to the large site and the variety of uses it contains, daily users likely only visit one building on the site rather than multiple buildings mitigating the need for connections between buildings on the Fairgrounds. The subset of the fairgrounds that contains this site does have internal circulation appropriate to the use. At a future time, with a master site plan, the internal pedestrian circulation can be analyzed and planned. Until then, pedestrian circulation between the baseball uses on the Fairgrounds site for its likely users is sufficient to ensure the public health, welfare, and safety. 4. BMC 38.520.040.C.4 Pedestrian paths through parking lots o Code Requirement: Developments are required to provide specially marked or paved sidewalks through parking areas at a minimum of one every four rows of parking or 200’ spacing. Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 10 of 13 o Request: The Applicant is requesting an exemption from this requirement as the existing parking lot is gravel and “improvements to the shared parking lot are outside of the scope of this project, and are not necessary to provide functional use of the building.” o Staff Analysis: A pedestrian path is provided from the proposed new ADA parking to the new building, but not throughout the entirety of the fairgrounds. 5. BMC 38.520.040.C.5 Connection to adjacent properties o Code Requirement: Developments are required to provide connections to adjacent properties (including parks and trails). o Request: The Applicant is requesting an exemption to this requirement stating “The site is internal to the Fairgrounds and connections to adjacent City of Bozeman Streets would be lengthy, costly, and unnecessary. The building is meant to serve the lessor of the property, and is not intended for walk-in or public drop-in traffic.” o Staff Analysis: The adjacent property to the east is the City’s newly constructed Safety Center. The secure parking area of the Safety Center is adjacent to the site plan area. These facilities are not open to the public and it is not appropriate to have pathways connecting to the site. 6. BMC 38.520.040.D.2 Pathway design; o Code Requirement: The code provides standards for how internal pathways are to be designed. This includes providing additional 2’ widths on sidewalks adjacent to perpendicular parking. o Request: The Applicant is requesting an exemption from this requirement: “Six-foot sidewalks, which is 1-foot wider than required in non-parking areas, are planned adjacent to the building and parking lot. Heavy foot-traffic is not anticipated since the sidewalk only goes to the building, and does not continue off-site. Additionally, there is ample space north of the sidewalk for persons to maneuver if there is conflict. o Staff Analysis: There is a relatively short section of parking spaces where this code requirement is applicable. As the applicant stated, this is not a pathway that will be used for through pedestrian traffic, and there is additional space to the north of the path to navigate. A wider path would add impervious surface and potentially require removing existing landscaping. 7. BMC 38.520.040.D.3 Pathways must be separated from structures by at least three feet of landscaping; o Code Requirement: Pathways must be separated from structures by at least three feet of landscaping, except where the adjacent building façade meets the Storefront block frontage standards. o Request: The Applicant is requesting an agency exemption from this requirement stating “Existing buildings on the site do not include this landscaped buffer. There is significant landscaping and open space already provided adjacent to the proposed building. Adding a 3’ landscape buffer would project into the adjacent utility access easement and require a smaller building footprint, limiting the usable area of the building.” o Staff Analysis: In addition to the Applicant’s reasoning. The building is more industrial in nature and adjacent to the western portion of the City’s Safety Center, which is not open to the general public, thus the building is not going to experience high foot traffic or vehicular traffic, reducing the aesthetic concern associated with Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 11 of 13 blank walls and lack of landscaping. Drainage that may have been provided with the landscaping area is being address in other ways. 8. BMC 38.520.040.E Bicycle Facilities; o Code Requirement: Developments are required to provide bicycle racks, lockers, or other means of safely and conveniently parking bicycles. o Request: Applicant is requesting an agency exemption for this requirement because “The location is not near a school and does not see consistent or high-volume bike usage. This site is internal to the Fairgrounds and the building is meant to serve the lessor of the property, and is not intended for public drop-in traffic. Use of the building will be reserved, scheduled, and intentional. Nearly all users are anticipated to commute via vehicle and park close to the building. o Staff Analysis: Staff does not concur that proximity to a school is the nexus for requiring bicycle parking facilities. One of the principles applied in the Growth Policy is Transportation infrastructure is vital in supporting desired land use patterns. Therefore, the two must be coordinated. Future infrastructure should favor interconnected multimodal transportation networks (i.e., infrastructure for bicycle, pedestrian, and transit modes of transport in addition to automobiles.” (Bozeman Community Plan 2020, Principle 5, P20). The amount of bicycle parking is minimal in relation to the use the site receives. Using the UDC parking ratios for health and exercise building uses, 1 space per 200 square feet would be required, totaling 43 parking spaces for this proposed building. However, staff acknowledges this ratio contemplates land uses like fitness centers open to the public, which may not best fit the specific characteristics of this implementation of the land use; therefore, the parking ratio using this method may be high, but the code does not have a standard for the specific use of a sports practice facility that is not open to the general public. Perhaps a more appropriate standard to use is found in section 38.540.050.A.4, Bicycle parking required, which states “all site development. . . must provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces must be at least ten percent of the number of automobile parking stalls. . . but must in no case be less than two.” At a minimum, staff recommends providing bicycle parking for a minimum of 4 bicycles on racks that meet the design requirements of 38.540.050.A.5. The location could be placed anywhere within the Bozeman Legion Baseball area the applicant feels is most functional to the programming of the baseball facilities (i.e., the diamond, the indoor batting range, etc.). 9. BMC 38.520.070.D.1. Location and design of service and mechanical equipment (utility meters, electrical conduit, and other service utility apparatus); o Code Requirement: Utility meters, electrical conduit, and other service utility apparatus is required to be located and/or designed to minimize their visibility to the public. If these elements are mounted in a location visible from the street, pathway, shared open space, etc. they must be screened with vegetation and/or integrated into the building’s architecture. o Request: The Applicant is requesting an agency exemption to this standard because, “The proposed building is located internal to the Fairgrounds, away from City streets, and is not easily visible from the streets. The utility meters will be on the far east side of the building, facing away from the parking lot. This building site is immediately adjacent to a shed with electrical panel and meter, a large cell tower, and above ground electrical/cell equipment, so the planned utility meters will not be unsightly in comparison.” Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 12 of 13 o Staff Analysis: Staff concurs that the utility meters are located in an area such that they will not be viewed readily by many users and do not require additional screening, which may reduce the utility of the site and vehicular movements. 10. BMC 38.530.040.B Building massing and articulation (façade articulation) o Code Requirement: The intent of the building massing and articulation is to 1) articulate building elements in order to achieve an appropriate perceived scale and add visual interest and 2) to create clear and welcoming building entries (BMC 38.530.040.A). Examples of articulation features that meet the intent are windows, entries, weather protection features, and structural expression among others. o Request: The Applicant is requesting an agency exemption to the requirements of façade articulation for buildings with non-residential uses stating: “The building is designed to maximize function and fit in with the existing adjacent buildings on the Fairgrounds site, and minimize unnecessary project costs. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view.” o Staff Analysis: The building is interior on the site, it’s proposed design is consistent with other fairground buildings. In addition, users of the site will be regular users who understand the site and do not require visual, architectural cues for the entrance of the building. 11. BMC 38.530.070.C. Blank Wall treatments (untreated blank walls); o Code Requirement: Blank wall treatments are required to retain and enhance the character of Bozeman’s streetscapes (BMC 38.530.010.A.2). A wall is considered a blank wall if it is over teen feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door (BMC 38.530.070.B.). Examples of adequate treatments for blank walls as listed in the code are: display windows with at least 16 inches of depth; landscape planting bed at least five feed wide or a raised planter bed at least two feet high and three feet wide; installing a vertical trellis; installing a mural; or special building detailing that adds visual interest. o Request: The proposed building has blank walls on each façade. The Applicant is requesting an agency exemption from the requirement to treat the blank walls, “in order to maximize function of the building, blend in with surrounding buildings on the fairgrounds, and minimize project costs. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view. Architectural features, such as windows, would be too easy to damage and/or break with the nature of the use of the building as a sports facility, with baseballs traveling at high speeds.” o Staff Analysis: Staff concurs with the reasoning provided by the Applicant and does not believe blank wall treatments would enhance the site or fit reasonably into the site context. If agency exemption request number 15, Signs, is approved, the signs will act as an unconventional type of blank wall treatment. 12. BMC 38.540.020.G Striping o Code Requirement: All parking stalls are required to be marked with white or yellow painted lines. o Request: Applicant is requesting an agency exemption to striping the stalls because the existing parking lot is gravel and striping would quickly deteriorate. o Staff Analysis: Staff concurs with the Applicant’s reasoning. In addition, the code states, “an exemption to this requirement [striping] may be approved by the city when the striping would otherwise by applied to an area that does not have permanent and durable wearing surface.” This exception is applicable in this case as the parking lot is gravel. As there is a generally applicable exemption to the striping requirement the agency exemption is not required. 13. BMC 38.540.020.J Parking lot curbing o Code Requirement: All open off-street parking areas and drive aisles must have perimeter concrete curb around the entire parking lot, including driving access ways. o Request: The applicant is requesting an exemption to the curbing as the existing parking lot is gravel with no curbing. There is a raised concrete sidewalk, which will act as a vehicle stop in front of the building. o Staff Analysis: No further comments from staff. 14. BMC 38.550.050.C Landscaping (parking lot landscaping); o Code Requirement: Parking lot landscaping is required for all parking lots for a variety of reasons, including but not limited to: provide visual buffering; enhance the beauty of the city; preserve the value of land and Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 13 of 13 buildings by protecting and enhancing the aesthetic character; and conserve energy by providing windbreaks, shade and temperature moderation. o Request: The Applicant is requesting an exemption from this standard because “the existing site includes nearly 4 acres of irrigated grass, trees, and shrubs. . . No further landscaping is proposed, in order to maximize utility access easement (and cell phone tower) to the west, and another easement (and cell tower equipment) east of the building. . . “ o Staff Analysis: In addition to the Applicant’s reasoning, until a final master site plan is created that envisions the entire fairgrounds site and internal drive network, the parking lot may best be utilized with flexibility to the vehicular movement, and internal landscaping could prohibit the functionality of the parking lot as all future users are not yet known. 15. BMC 38.560 Signs o Code Requirement: In the PLI zoning district, the UDC allows 2 square feet of sign area per linear foot of building frontage (3 with a comprehensive sign plan), with a maximum of 250 sf per lot. o Request: The Applicant is requesting exemption from the limitation on square footage of allowed signs (250 sf per lot in the PLI zoning district) stating ‘ the building is planned to include exterior mounted signs, to match the existing ballfield outfield fence, which includes approximately 6,000 SF of 4’x8’ and 8’X8’ signs that advertise program sponsors. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view. The existing and planned signs primarily face in a direction internal to the site, and are not easily visible or distracting from City streets in the area. o Staff Analysis: Staff concurs with the Applicant’s reasoning. The sign code provisions were created in order to protect the public health and safety while allowing adequate alternative avenues for speech. The code intends to address concerns including, but not limited to: obstructing views or creating safety hazards by distracting pedestrians and motorists and harming property values and creating aesthetic concern, etc. The proposed structure is surrounded by land zoned PLI and public buildings, thus the policy goal of preserving property values is not as concerning without private landowners adjacent. In addition, the aesthetics of the signs do not impact residential or private commercial users. In addition, the building is set far from public rights of way where pedestrians or motor vehicles would be distracted, thus causing a public health and safety concern. The Applicant’s request is generally consistent with the exemption from sign permits established in 38.560.050.A.3.b.