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HomeMy WebLinkAbout21056 Staff Report Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 1 of 14 Application No. 21056 Type Site Plan Project Name NWE Riverside Substation Summary A Site Plan application to allow the construction of an additional internal communications tower and a control house in an existing substation. Zoning PLI Growth Policy Public lands and institutions Parcel Size 1 acres Overlay District(s) NA Street Address 195 Mossbridge Rd. Bozeman, MT Legal Description Tract 1 of COS No. 4DE, S 26, T 1 S, R5 E, Gallatin County, MT Owner NorthWestern Corporation, D/B/A NorthWestern Energy Applicant NorthWestern Energy, 11 E. Park St. Butte MT, 59701 Representative Kirt Mayson, 11 E. Park Street, Butte, MT 59701 Staff Planner Jacob Miller Engineer Cody Flammond, Mikaela Shultz Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 5/12/21 to 5/27/21 5/12/21 5/12/21 N/A Advisory Boards Board Date Recommendation Development Review Committee 3/31/21 Adequate Recommendation Approval with conditions Decision Authority Director of Community Development Date: 6/18/2021 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 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 a Site Plan (SP) to permit the construction an additional tower and control house in an existing substation. 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 ______ day of ________________, 2021 Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. The approval of this Site Plan shall be effective for twelve (12) months from the date of Plan approval, which is the ______ day of __________________, 2022. At the end of this period the Director may, at the request of the developer, extend the approval in accordance with Ch. 38 Art.230, 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 Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 3 of 14 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 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. Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 4 of 14 Figure 1: Current Land Use Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 5 of 14 Figure 2: Growth Policy Designation Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 6 of 14 Figure 3: Zoning Staff Report NWE Substation Tower Addition Site Plan Review Application 21056 June 16, 2021 Page 7 of 14 Figure 4: Site Plan