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HomeMy WebLinkAbout22174 Staff Report Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 1 of 14 Application No. 22174 Type Site Plan Project Name Northwestern Energy East Lot Site Plan Summary This site plan for the development of an outdoor storage facility located on Tract 2A of the Northeast Annexation with an associated gravel laydown yard and circulation roadways, adequate stormwater infrastructure, a chain link perimeter fence, and buffer landscaping. This facility is an extension of the existing storage facility located on 121 East Griffin Drive. Zoning M-1 Growth Policy Industrial Parcel Size 3.80 acres Overlay District(s) N/A Street Address 121 East Griffin Drive, Bozeman, MT 59715 Legal Description Tract 2A, Northeast Annexation (Formerly Tract 33), located in SW ¼ of Section 31, Township 01 South, Range 06 East of P.M.M., City of Bozeman, Gallatin County, Montana (legal description subject to change) Owner City of Bozeman, PO Box 1230, Bozeman, MT, 59771 to be transferred to Pat Patterson, NorthWestern Energy, 121 East Griffin Drive, Bozeman MT, 59715 upon execution of final land exchange agreement Applicant Lenna Johnson, Sanderson Stewart, 106 E Babcock Street, Bozeman, MT 59715 Representative Danielle Scharf, Sanderson Stewart, 106 E Babcock Street, Bozeman, MT 59715 Staff Planner Nakeisha Lyon Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 10/11/2022 to 10/25/2022 10/11/2022 10/11/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 07/06/2022 Inadequate for Further Review Development Review Committee 10/05/2022 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 11/09/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 2 of 14 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 of Bozeman a Site Plan (SP) to permit the construction of an outdoor storage facility located on Tract 2A of the Northeast Annexation with an associated gravel laydown yard and circulation roadways, adequate stormwater infrastructure, a chain link perimeter fence, and buffer landscaping. The purposes of the Site Plan review is 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 9th day of November, 2022, Anna Bentley, Director of Community Development, or her designees, approved with conditions and code provisions 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 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 OR HER DESIGNEES Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 3 of 14 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended 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. No development may occur on the subject property until Northwestern Energy has retained ownership accordingly. Please provide a final land exchange agreement and associated final deeds for transfer of land accordingly to satisfy this condition of approval. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. BMC 38.220.080. Site plan submittal requirements. Please update the legal description throughout the site plan submittal to reflect any changes once the certificates of survey related to the subdivision exemptions have been recorded. 2. BMC 38.240.350. Procedures and general requirements for subdivision exemptions. No development may occur on the subject property until Tract 2A is created. Please recorded the certificate of surveys related to subdivision exemptions, 21-012 and 21-013, for the legal creation of the tract related to this project. Please provide an executed and recorded copy of these associated certificates of survey for the City’s project file once completed to satisfy this code provision. 3. Sec. 38.600.220. Floodplain permit conditions and requirements. The applicable floodplain permit associated with this site plan has specific conditions of approval that must be met accordingly during the construction of the storage yard, prior to certificate of occupancy for the storage yard, and for the existence of the storage yard. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. No applicable advisory comments. Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 4 of 14 Figure 1: Current Zoning Map Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 5 of 14 Figure 2: Community Plan Designation Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 6 of 14 Figure 3: Overall Site Plan Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 7 of 14 Figure 4: Proposed Grading and Drainage Plan Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 8 of 14 Figure 5: Proposed Landscaping Plan Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 9 of 14 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 Industrial Yes Zoning M-1 (Light Manufacturing District ) Yes Comments: The proposed outdoor storage as denoted within the SP submittal is allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. Page 56 of the City of Bozeman’s Community Plan denotes the land use description for ‘Industrial’ which are “areas for manufacturing, warehousing, technology industries, and transportation hubs…and are part of the larger community and standards for architecture and site design apply.” Staff finds the proposed use fits within this description. No conflicts between the proposed uses, zoning compliance and the growth policy were identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. No specific conflicts identified. Additional steps will be required including but not limited to the approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 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. 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: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 10 of 14 Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Outdoor storage Yes Form and intensity standards 38.320 Zoning: M-1 Setbacks (feet) Structures Parking / Loading Yes Front 10 feet – Block Frontage N/A Rear 3 feet N/A Side 3 feet N/A Alley N/A N/A Comments: The proposed setbacks meets all M-1 zone district standards with a 10’ front setback off North Rouse Avenue based on the Other Block Frontage designation, and 3’ side and rear setbacks. There is a 30’ sanitary sewer easement along the southern property boundary running east and west and a 10’ utility easement along the northern and western boundaries of the subject property. Lot coverage 34.27% Allowed 100% Yes Building height N/A Allowed 50’ N/A Comments: Provisions regarding lot coverage and building height are not applicable as no structures are proposed on this subject property. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 N/A Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 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 Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic study was provided, reviewed, and deemed sufficient by the City’s Engineering Department. Based on the proposed use of the subject property and private access from the existing Northwestern Energy facility, a traffic study was not required for this project and waived by the City’s Engineering Department. Sidewalks 38.400.080 N/A Comments: As no improvements will occur to North Rouse Avenue, city standard sidewalks are not required at this time. Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 11 of 14 Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping N/A Comments: Vehicular access is provided via a private access road along the northern boundary of the subject property leading from the existing Northwestern Energy Storage Facility to the west. Fire lanes, curbing, striping, signage and gutters were not required by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable subdivision exemption process associated with this tract. 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 N/A 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 N/A Other utilities (electric, natural gas, communications) N/A CIL of water N/A Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards, if applicable. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Cash in lieu of water rights is not applicable to this project. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Engineering Department and Stormwater Department for functionality and compliance with adopted standards as applicable. The applicant has acknowledged the watercourse to the northeast of the subject property which is the East Gallatin River. The setbacks on both sides of this watercourse are 100 feet. The applicant has provided a setback planting plan in conformance with Sec. 38.410.100.2.f. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 12 of 14 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. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is an industrial development, and does not trigger parkland dedication. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Yes Yes Departure criteria N/A N/A Comments: The proposed SP meets the requirements denoted within the “Other” block frontage provisions in as applicable. The use of outdoor storage is permitted on the subject property. The provisions of building placement, building entrance, façade transparency, weather protection, and parking location are not applicable, as a building is not proposed. The applicant provides a minimum 10’ buffer of landscaping between the outdoor storage area and North Rouse Avenue. This includes a 6’ chain link fence with various drought tolerant trees and scrub species. 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 N/A Relationship to adjacent properties 38.520.030 N/A 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 N/A Comments: The provisions of Sec. 38.520. which include design and arrangement of the elements vehicular and pedestrian circulation are not applicable to this subject property as buildings and parking spaces are not proposed. 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 N/A Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design are not applicable to this subject property as buildings and parking spaces are not proposed. On-site open space 38.520.060 N/A Total required N/A ------ sf Total provided N/A ------ sf Comments: Usable commercial open space is not applicable to this SP application as industrially zoned properties are exempt from this requirement. Location and design of service areas and mechanical equipment 38.520.070 N/A Comments: Requirements of the location and design of service areas, and mechanical equipment are not applicable to this subject property as they are not proposed on site. Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 13 of 14 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 N/A Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street N/A Provided on-street N/A Bicycle parking 38.540.050.A.4 N/A Comments: There is no proposed parking within this SP application; therefore, these standards are not applicable. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There is no proposed loading berths within this SP application. 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 N/A Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this SP application.inc The proposed landscaping plan includes a 6’ chain link fence with various drought tolerant trees and scrub species. As the southern property boundary abuts a residential development, the applicant has proposed Rocky Mountain Juniper trees to line this area to meet the residential adjacency requirement denoted in the BMC. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: Signage is not applicable to this SP application. 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 N/A Building massing and articulation 38.530.040 N/A Building details, materials, and blank wall treatments 38.530.050-070 N/A Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this SP application. Staff Report Northwestern Energy East Lot Site Plan Application 22174 November 9, 2022 Page 14 of 14 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 N/A Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B N/A Comments: There is no proposed lighting within this SP application. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 Yes Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 related to floodplain regulations were reviewed for conformance and satisfied as part of this SP application. The Floodplain Administrator approved a floodplain permit related to this subject property on September 6th, 2022 as the northeastern portion of the site in situated within Zone AE of the FEMA regulatory floodplain of the East Gallatin River. No portion of the project is located within a FEMA regulatory floodway. The proposed storage yard must meet specific conditions as denoted within the floodplain permit regarding material storage, prohibition of construction during peak runoff periods of the East Gallatin River, and the submittal of a floodplain permit compliance report prior to the issuance of a certificate of occupancy. Staff will work closely with the Floodplain Administrator to ensure these conditions are met during and after construction of the storage yard. The subject property does not contain any wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred from October 11, 2022 to October 25, 2022. The property posting and mailing to adjacent owners occurred on October 11, 2022. One public comment was received regarding the land exchange agreement related to this subject property, value of the land being traded, roadway connections and infrastructure, and the future use of the site. Staff responded to the public comment accordingly denoting the existing roadway and infrastructure requirements based on the proposal and the process the land exchange agreement has and is going through. The comment and associated correspondence can be viewed here. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes, with conditions Required easements Yes Comments: Two subdivision exemptions are outstanding and must be recorded prior to the final approval of this site plan. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any applicable conditions and code provisions related to required easements are included in this staff report.