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HomeMy WebLinkAbout433 N Black SUP PR Initial DeterminationProject Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 1 of 21 Application No. 26142 Type Special Use Permit Project Name 433 North Black SUP Summary An application requesting to utilize an accessory structure for a home-based business as required by BMC Section 38.320.120.E.3. The proposed Home- Based Business for a dog-grooming service is proposed to occur within a 200 square foot area of the existing accessory structure. Zoning R-B Growth Policy Urban Neighborhood Parcel Size 0.193 acres (8,400 sqft) Overlay District(s) Neighborhood Conservation District Overlay (NCOD) Street Address 433 North Black Avenue Legal Description Tract C of Block E of Bealls Second Addition to Bozeman (COS B-40-E), located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana Owner Rob and Lisa Pertzborn, 433 North Black Ave, Bozeman, MT 59715 Applicant Same as Owner Representative Same as Applicant Concept Review File N/A Noticing Public Comment Period Site Posted Date Required Mail Mailed 5/11/2026-6/1/2026 5/8/2026 200 feet 5/8/2026 Initial Determination Review Authority Date Determinations City of Bozeman, Director of Community Development 4/9/2026 The application is complete and is in substantial compliance with all applicable regulations and the zoning map. All impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, subdivision and zoning regulation, or zoning map Full application/file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 26142 Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 2 of 21 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 Section 4.b.3.) 2. The hours of operation shall be limited to 8am-7pm. (Staff Report Section 8) CODE PROVISIONS 1. BMC 38.320.120.E.3.d. The applicant shall obtain a business license prior to final Special Use Permit Approval, and shall maintain the business license for the life of the use. (Staff Report Section 4.b.3.) 2. BMC Section 38.740.100.D states that the right to a special use permit is contingent upon the fulfillment of all special conditions imposed through the special use permit procedure and that all of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of Final Special Use Permit approval. 3. BMC Section 38.740.100.F. Special use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A special use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another use is granted; c. The use or development of the site is not begun within the time limits of the final plan approval in 38.740.110. 2. A special use which has terminated may be reestablished on a site by either, the review and approval of a new special use permit application, or a determination by the community development director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the review authority may not be appealed. If the review authority determines that the special use permit may be renewed on a site then any conditions of approval of the original special use permit are also renewed. 3. If activity begins for which a special use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in 38.700.160. 4. BMC Section 38.740.100.C.3.f. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 3 of 21 Figure 1: Current Zoning Map Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 4 of 21 Figure 2: Accessory Structure Floor Plan Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 5 of 21 Figure 3: Site Plan Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 6 of 21 Subdivision determination and record 38.750.090, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development Review Committee reviewed the application against the following standards. The applicable review authority for subdivisions is the Director of Community Development in their role as planning administrator. Each City Division listed here under is a member of the Development Review Committee (DRC). This Committee reviews development applications for all criteria relevant to their respective division. Each division is assigned a 2 to 4 letter code, shown to the left of the division name. Throughout the staff report, these codes will indicate which division led the review of the given criterion. Please note that while an one or a couple divisions may lead review of a given criterion, the entire DRC plays a role in each determination. DRC Development Review Committee PZ Planning and Zoning ENG Engineering/Transportation/Utilities PARK Parks and Recreation CH Community Housing WTR Water Adequacy FIRE Fire BLD Building WC Water Conservation FOR Forestry Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 7 of 21 PLAN REVIEW DETERMINATION AND RECORD 38.740.090.B, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development The City of Bozeman adopted the Bozeman Community Plan (the Future Land Use Plan) including the Future Land Use Map on October 28th, 2025, by Resolution Number 2025-71. The Bozeman Community Plan was made available for public review and comment prior to adoption and identified and analyzed impacts of development. Notice was provided that the Bozeman Community Plan is the basis for implementing land use regulations as required in 76-25-106, MCA. Issue plans including but not limited to the Transportation Master Plan, the Parks, Recreation, and Active Transportation Plan, the Sewer Facility Plan, Water Facility Plan, Stormwater Facility Plan, and Fire Protection Master Plan were all considered and incorporated by reference in adoption of the Bozeman Community Plan. The Unified Development Code, contained in Chapter 38 of the Municipal Code, is the primary implementing regulation for the Bozeman Community Plan and was adopted on December 16, 2025 through Ordinance 2025-12/2151. The Bozeman Community Plan and supporting issue plans were utilized in consideration and adoption of the Unified Development Code. The City Commission found that the Unified Development Code was in substantial compliance with the Bozeman Community Plan. The Unified Development Code provides specific zoning and subdivision regulations as well as the zoning designation which determined the allowable criteria for review of the site plan for development of the subject property. During adoption of the Unified Development Code, issue plans and the Bozeman Community Plan were utilized to anticipate impacts of potential development. As such, city wide impacts resulting from the proposed development were previously analyzed and made available for public review and comment during the adoption of the land use plan including all issue plans, and adoption of zoning regulations, subdivision regulations, and all subsequent amendments to the identified documents. Zoning designations throughout the city were implemented to ensure that individual impacts to a given site from a proposed development will fit into the framework of the previously considered city wide impacts. Site Plan review ensures that site-specific impacts have been addressed with the materials submitted with this application and are available for public review. Any development which conforms with the standards of Montana Code Annotated and Bozeman Municipal Code has addressed all site-specific impacts. The following report reviews the subject application for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 8 of 21 1. Conformance with Article 2, including the cessation of any current violations (38.200.160) 1. Cessation of any current violations (38.200.160) Meets Code? Current Violations None PZ Yes Comments: There are no current violations on the property. 2. Conformance with all other applicable laws, ordinances and regulations 2. Conformance with all other applicable laws, ordinances and regulations Meets Code? Submittal requirements 38.710.070 PZ/ENG Yes Phasing of development 38.230.020.B None Yes Comments: This Special Use Permit has no associated phasing. 3. Conformance with Zoning District Standards Article 2 3.a. Lot Standards (38.210-.260) 3.a.1. Lot Size PZ Meets Code? Minimum Width Required: 15 feet N/A Provided: n/a Comments: There are no changes proposed to the lot shape associated with this Special Use Permit application. 3.a.2. Density PZ Meets Code? Dwelling Units per Acre: du/a Required 8 du/a N/A Provided n/a Comments: No dwellings are proposed to be added or removed with this Special Use Permit. No calculations were provided or required for density standards. 3.a.3. Coverage: PZ Meets Code? Building coverage Allowed 40% Yes Provided 23.8% Amenity Space Required 150 square feet Yes Provided 1,440 square feet Comments: The site is in compliance with minimum standards for building coverage and onsite amenity space. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 9 of 21 3.a.4. Streetscape PZ/ENG Meets Code? Sidewalk Width 5’ Yes Boulevard Width 5’ Yes Type Landscape Yes Tree spacing 25-30’ average on center Yes Comments: The site complies with minimum standards for streetscapes within the R-B zone. 3.a.5. Setbacks PZ Meets Code? Setbacks (feet) Minimum Maximum Provided Yes Primary Street 10-feet N/A 12 feet Side Street 10-feet N/A n/a Street Facing Garage 20-feet N/A n/a Side 5-feet N/A 5 feet Rear 10-feet N/A n/a Alley 5-feet N/A 10 feet Comments: The existing structures comply with minimum setback requirements of the R-B zone. 3.a.6. Transitions PZ Meets Code? Subject Lot Zoning R-B N/A Abutting Lot Zoning R-B Type n/a Comments: The lot is residentially zoned and wholly surrounded by other residentially zoned lots. No transitions apply to this application. 3.a.7. Frontage- Build to PZ Meets Code? Primary Street Required n/a N/A Provided n/a Side Street: Required n/a N/A Provided n/a Comments: The R-B zone does not have any frontage requirements. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 10 of 21 3.a.8. Parking Location PZ Meets Code? Parking between building and street Not allowed N/A Setbacks (feet) Minimum Maximum Provided Primary Street 10-feet n/a n/a Side Street 10-feet n/a n/a Street Facing Garage 20-feet n/a n/a Side 5-feet n/a n/a Rear 10-feet n/a n/a Alley 5-feet n/a n/a Comments: No structures are proposed with this application. All existing structures comply with minimum parking location standards of the R-B zone. 3.b. Building Standards (38.210-.260) 3.b.1. Vertical Massing PZ Meets Code? Building Height Allowed 45 feet Yes Provided 22 feet- 10 inches Wall Plate Height Allowed 33 feet Yes Provided 18 feet Comments: The structure proposed to be utilized as a home-based business conforms to maximum building height requirements of the R-B zone. 3.b.2. Horizontal Massing PZ Meets Code? Dwelling units per building Allowed 8 max Yes Provided 1 Building width- primary street Allowed 120 feet N/A Provided n/a Building width- side street Allowed 120 feet N/A Provided n/a Comments: Horizontal massing requirements of the R-B zone are not applicable to this proposal as the structure to be utilized does not front a primary or side street and meets the maximum allowed number of dwelling units per building. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 11 of 21 3.b.3. Activation PZ Meets Code? Residential Active depth Required 9 feet N/A Provided n/a Non-residential Active depth Required n/a N/A Provided n/a Comments: No alterations are proposed to the siting or activation depth of the existing buildings which were built in conformance with zoning at the time of construction. 3.b.4. Floor Height PZ Meets Code? Residential Ground Story Height Required 9 feet Yes Provided 10 feet 3 inches Non-residential Ground Story Height Required n/a N/A Provided n/a Ground Floor Elevation Required -2’/5’ N/A Provided n/a Comments: No alterations are proposed to floor height or ground floor elevation of the existing buildings which were built in conformance with zoning at the time of construction. 3.b.5. Windows PZ Meets Code? Windows Primary Street Provided Side Street Provided N/A Residential Ground Floor minimum 20% n/a 20% n/a Non-residential Ground Floor minimum n/a n/a n/a n/a Upper Story minimum 15% n/a 15% n/a Blank Wall maximum 10 feet n/a 20 feet n/a N/A Comments: No alterations are proposed to the windows of the existing buildings which were built in conformance with zoning at the time of construction. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 12 of 21 3.b.6. Entrances PZ Meets Code? Maximum Street Facing entry spacing Primary Street Provided Side Street Provided Yes Residential 40 feet yes 60 feet n/a Non-residential n/a n/a n/a n/a Entry Feature Required no Required no Yes Entry Feature Type: Porch/Covered Entry/Recessed Entry Type Provided Type Provided n/a n/a n/a Comments: BMC Section 38.260.150.A.2.b. exempts residential buildings with less than 24 units from entry feature requirements. There are no applicable entrance requirements for this proposal. 3.c. Neighborhood Conservation Overlay District (NCOD) Meets Code? Neighborhood/Commercial Certificate of Approval N/A Neighborhood (NCOA) required? no PZ N/A Commercial (CCOA) required? no N/A Demolition of historic Structure no N/A Demolition of non-historic structure no N/A Comments: This site is within the Neighborhood Conservation Overlay District, however no external improvements are proposed as a part of this application. As such, no NCOD standards are applicable to this proposal. 4. Conformance with Land Use Standards of Article 3 4.a. Allowed Uses (38.300) 4.a.1. Allowed Use Meets Code? Proposed Use(s) Single-unit dwelling/ Special Use Home-Based Business PZ Yes Comments: A single-unit dwelling is an allowed use within the R-B zone. If the application is found to conform with all specific use standards of Article 3 of BMC, the Special Use Permit will be granted. See application analysis of Specific Use Standards in Section 4.3.b and Special Use Standards Section 8 of this project report. 4.b. General Use Standards 4.b.1. Agricultural Water User Facilities (38.310.010.) Meets Code? Ag Water User Facilities Present? no PZ N/A Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 13 of 21 Comments: There are no agricultural water user facilities on site or in the vicinity which would be affected by this proposal. 4.b.2. Condominiums (38.310.020.) Meets Code? Condominiums Proposed? no PZ N/A Comments: This application is not proposing to utilize the Declaration of Unit Ownership Act at this time or in relation to this project. Further Condominium Review would be required for this site if condominiums were desired in the future. 4.b.3. Specific Use Standards (38.320) Meets Code? Specific Use Standards Applicable? BMC Section 38.320.120.E.3 Home-Based Business as Special Use PZ N/A Comments: The following is an analysis of the special use standards for a Home Based Business as a Special Use. Standards are italicized and staff response is not. (1) The home-based business must be conducted by resident occupants with not more than one on- premises halftime nonresident employee; Comment: The home-based business is proposed to be conducted by one resident occupant. This proposal complies with this standard. (2) No more than 30 % of the gross area of all structures may be used for a home-based business; Comment: The home-based business is proposed to utilize 13% of the accessory structure on site, well under the allowed maximum. The proposal complies with this standard. (3) No use may require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; Comment: The structure was constructed as an accessory dwelling unit on a residential lot. There are no construction features which extend beyond the standard ratings for residential use. The proposal complies with this standard. (4) No home based business may cause an increase in the use of any one or more utilities operated by the city so that the combined total use for dwelling and home-based business purposes exceeds the average for residences in the neighborhood; Comment: The applicant has indicated that the use of utilities will not exceed the average of surrounding residences. The proposal complies with this standard. (5) There may be no outside storage of any kind related to the home-based business; Comment: No outdoor storage is proposed with this application. The proposal complies with this standard. (6) No use may create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this chapter; Comment: Hazards could arise from having numerous noisy or reactive dogs. While the applicant has indicated that “Dogs are in crates unless they are actively being bathed or groomed”, crating the dogs Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 14 of 21 does not limit the potential noise. Adhering to reasonable hours of operation will limit noise to reasonable business hours which will limit adverse impacts to neighboring properties. The applicant has estimated operating hours to occur from 8am-3pm. Given that standard business hours are 8am- 5pm and considering a reasonable extra time to allow for late pickups, the special use permit will condition operations to 8am-7pm in order to limit adverse impacts on neighboring properties (Condition of approval #2). (7) Home-based businesses by special use permit may only be allowed on lots occupied by single- and two-unit dwellings; Comment: The lot is a single unit dwelling with a detached Accessory Dwelling Unit where the home based business will occur. The lot complies with this standard. (8) Such special use must be subject to all conditions set forth in this chapter; and Comment: The Special Use Permit is required, by Condition of Approval # 1, to comply with all standards of Chapter 38, in compliance with this requirement. (9) All permits required by the city, including, but not limited to, building permits and business licenses, must be received prior to establishing the home-based business. Comment: The Special Use Permit is required, by Code provision # 1, to provide a business license prior to operation of the dog grooming service in order to comply with this standard. 4.b.4. Wireless Facilities (38.330) Meets Code? Wireless Facilities Proposed? no PZ N/A Comments: There are no wireless facilities proposed with or applicable to this application. 4.b.5. Affordable Rental Housing (38.340) Meets Code? Affordable Housing Proposed? no CH N/A Comments: There is no affordable housing proposed with or applicable to this application. 5. Conformance with Community Design Standards of Article 4 5.a. Transportation Facilities and Access (Division 38.400) Streets and Rights-of-way Meets Code? Streets (38.400.010) ENG Yes Street and road dedication (38.400.020 ) N/A Intersections (38.400.030) N/A Street Names (38.400.040) N/A Street and road Construction Standards (38.400.050) Yes Street Improvement Standards (38.400.060) Yes Comments: Adjacent streets exist to serve the site and no additional dedication is needed. The site is located off of North Black Avenue to the east and is bound by an alley on the west. Both provide vehicular access to the site. No additional access is proposed or required for the proposed use. The Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 15 of 21 applicant proposes a temporary drop-off area for patrons of the dog grooming service accessed off the alley. Street Lighting (38.400.070) ENG N/A Comments: N/A Sidewalks (38.400.080 ) ENG Yes Comments: There is an existing sidewalk along North Black for the whole width of the property which complies with the minimum sidewalk standards. Drive access (38.400.090) ENG Yes Comments: No drive accesses are proposed or required for the proposed home-based business. Street vision triangle (38.400.100) ENG N/A Transportation pathways (38.400.110 ) N/A Public transportation (38.400.120) N/A Comments: No alterations are proposed or required to ensure adequate site vision triangles. Public transportation is not required or applicable to this Special Use application. 5.b. Community Design and Elements (38.410) Meets Code? General Standards- Preserves natural terrain, drainage, topsoil, trees, and other vegetation to the maximum extent possible (38.410.010.B) PZ N/A Comments: This project does not alter the site and thus this standard does not apply to this project. Community Focal Point (38.410.020) PZ N/A Comments: This project is less than 10 acres and thus not subject to standards for community focal points. Lot and block standards (38.410.030-040) ENG/PZ N/A Rights-of-way for pedestrians (38.410.040.D.) N/A Comments: Requirements of BMC 38.410 such as lot and block standards were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots. Public streets and sidewalks provide required access the subject property and provide adequate pedestrian connectivity. Provisions for utilities including efficient public services and utilities 38.410.050-060 ENG Yes Other utilities (electric, natural gas, communications) Yes 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 at the time of building permit review. No additional easements are required and existing utilities are capable to serve the proposed home-based business. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 16 of 21 Municipal infrastructure requirements (38.410.070) ENG Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have were reviewed and approved by engineering at the time of building permit review. Grading & drainage (38.410.080) ENG/PZ 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 Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance and landscaping for the facilities were reviewed at the time of building permit and conform to the City’s standards. Fire Protection Requirements (38.410.090) FIRE Yes Comments: Requirements for fire protection were reviewed at the time of building permit and conform to the City’s standards. Mail Delivery (38.410.100) PZ N/A Comments: No alterations to mail delivery facilities are required with this proposal. Water Adequacy (38.410.110) WTR Yes Comments: This proposal is not anticipated to increase water use beyond that of a single-unit dwelling. Cash-in-lieu of water rights (CILWR) does not apply to this special use proposal. 5.c. Park and Recreation Requirements (38.420) Meets Code? Parkland requirements (38.420.020) PARK N/A Cash donation in lieu of Parkland (CILP) (38.420.030) N/A Improvements in-lieu N/A Comments: There are no new residential lots being created as a part of this proposal, so no park land is applicable to this request. Park/Recreational area design and location (38.420.040-050) PARK N/A Park Frontage (38.420.060) N/A Liner Parks (38.420.070) N/A Park development (38.420.080) N/A Waiver of Required Dedication N/A Recreation pathways (38.420.110 ) N/A Comments: No parks are proposed or required with this application. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 17 of 21 6. Conformance with Project Design Standards of Article 5 (38.510) 6.a. Site Planning and Design Elements (Division 38.510) Meets Code? Relationship to Adjacent Properties (38.510.030) PZ N/A Non-Motorized Circulation and Design (38.510.040) Yes Comments: The accessory structure contains a sidewalk providing patrons access to the structure for drop off. The site complies with non-motorized circulation and design. Vehicular Circulation and Parking (38.510.050) PZ Yes Internal Roadway Design (38.510.050.D) N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems have been met. Pedestrian pathways are provided connecting the drop-off area and temporary parking area. Location and design of service areas and mechanical equipment (38.510.060) PZ N/A Comments: No service or mechanical areas are proposed or required with this application. 6.b. Building Design (38.520) Meets Code? Building Character (38.520.030) PZ N/A Building Massing and articulation (38.520.040) N/A Building details and materials (38.520.050-.060) N/A Comments: No alterations are proposed nor required to the existing structures on site. Each was reviewed and approved by planning staff through the Neighborhood Certificate of Approval and subsequently the building permitting process. Special Residential Frontages (38.520.070) PZ N/A Comments: There are no special residential frontages proposed or required with this application. Structured Parking Facilities (38.520.080) PZ N/A Comments: There are no structured parking facilities proposed or required with this application. 6.c. Parking (38.540) Meets Code? Stall, aisle and Driveway Design (38.530.020) PZ Yes Maintenance of Parking Areas (38.520.030) N/A Number of vehicle spaces required (38.520.040) Yes Residential (38.530.040.B.2.a) Required 2 Reductions none Non-residential (38.530.040.B.2.b) Required n/a Reductions n/a Total Required 2 Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 18 of 21 Max Allowed n/a Total provided Total 2 On street n/a Off street n/a Joint Use of Parking facilities (38.530.050) PZ N/A Off-site parking (38.530.056) N/A Comments: There is a single-unit dwelling and Accessory Dwelling Unit on site. BMC requires 2 parking spaces per general residential unit with 2 or more bedrooms and there is no additional parking required for an Accessory Dwelling Unit. The ADU contains a two-car garage which meets the minimum standard for residential use. Relating to the home-based business, the applicant has proposed to use a gravel area between the ADU and alley for temporary pick up/drop off for patrons. BMC Section 38.260.090. allows for parking spaces within the rear setback. As the spaces are designed for transient occupancy- only for pick up and drop off- the location should not impede use of the required residential parking spaces for the site. The applicant has only proposed one pick up/drop off space. The applicant states in their narrative that “Customers make advance appointments and proceed to drop off small or medium dogs for bathing & grooming. They return at a specified arranged times for pick up”. They also provide a temporary space along the alley. Given that the property has additional parking along North Black Avenue, there should be enough area for brief scheduled pick-ups and drop-offs. Number of Bicycle parking spaces required (38.520.070) PZ/ENG N/A Residential N/A Short-term 25% Required Provided 0 0 Long Term 75% Required Provided 0 0 Total Residential Required 0 Total Residential provided 0 Non-residential N/A Short-term n/a Required Provided n/a n/a Long Term n/a Required Provided n/a n/a Total Non-residential Required n/a Total Non-residential provided n/a Comments: No bike parking is required nor proposed for this application. Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 19 of 21 Off-street loading berth requirements (38.530.080) PZ N/A Comments: N/A 6.d. Landscaping (38.550) Meets Code? Mandatory landscaping requirements (38.550.050-060) PZ N/A Parking lot landscaping n/a PZ/WC N/A Additional screening n/a N/A Street frontage n/a N/A Street median island n/a N/A Acceptable landscape materials n/a N/A Protection of landscape areas n/a N/A Irrigation: plan, water source, system type n/a N/A Residential adjacency n/a N/A Comments: There are no alterations to the existing landscaping required or proposed with this application. Fences, walls, and hedges (38.550.070) PZ N/A Comments: No fences, walls, or hedges are proposed to be added or altered with this application. Landscaping of public lands (38.550.080) FOR N/A Comments: Existing boulevard landscaping complies with minimum standards. Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the property owner. 6.e. Signs (38.550) Meets Code? Is signage proposed with the application? No PZ N/A Comments: No signage is proposed with this application or required for residential use. Signs permits must first be obtained prior to the installation of any residential identification signs. 6.f. Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 PZ N/A Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B N/A Comments: No site lighting is proposed or required for this application. 7. Conformance with Article 6 – Natural Resource Protection Meets Code? Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 20 of 21 Floodplain regulations 38.600 ENG N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this request. Watercourse Setbacks 38.620 ENG/PZ N/A Comments: Requirements of BMC 38.620 are not applicable to this request. 8. Conformance with Article 7- Permits Legislative Actions and Procedures Meets Code? Public Comment (38.730) PZ TBD Comments: This is the initial project decision. Public notice will occur from 5/11/2026-6/1/2026. This section will be updated after the noticing period. Special Use Permit (38.740.100) PZ N/A Comments: Per BMC Section 38.740.100.C. “In addition to the review criteria of 38.740.090, the review authority must, in approving a special use permit, determine favorably as follows:” 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; Comments: This report details compliance with all such standards of the R-B zoning district. A home- based business for a dog grooming service does not require additional standards be applied as the zoning standards for the R-B zone ensure that this home-based business has adequate setbacks, spaces, walls and fences, parking, loading and landscaping for the proposed use. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; Comments: Adverse impacts could arise from having numerous noisy or reactive dogs. While the applicant has indicated that “Dogs are in crates unless they are actively being bathed or groomed”, crating the dogs does not limit the potential noise. Adhering to reasonable hours of operation will limit noise which will limit adverse impacts to neighboring properties. The applicant has estimated operating hours to occur from 8am-3pm. Given that standard business hours are 8am-5pm and considering reasonable extra time to allow for late pickups, the special use permit will condition operations to 8am-7pm in order to limit adverse impacts on neighboring properties (Condition of approval #2). With the above stated condition of approval, all adverse impacts from the proposed use are mitigated. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Special setbacks, screening, and buffers; b. Special fences, solid fences, and walls; c. Regulation of noise, vibrations, lighting, and odors; d. Regulation of hours for certain activities; e. Time period within which the proposed use must be developed; f. Location of use; Project Report 433 N Black SUP Application No. 26142 May 5, 2026 Page 21 of 21 g. Other such conditions as will make possible the development of the city in an orderly and efficient manner consistent with the requirements of 38.100.050 and 38.100.070. Comments: Adverse impacts could arise from having numerous noisy or reactive dogs. While the applicant has indicated that “Dogs are in crates unless they are actively being bathed or groomed”, crating the dogs does not limit the potential noise. Adhering to reasonable hours of operation will limit noise which will limit adverse impacts to neighboring properties. The applicant has estimated operating hours to occur from 8am-3pm. Given that standard business hours are 8am-5pm and considering reasonable extra time to allow for late pickups, the special use permit will condition operations to 8am- 7pm in order to limit adverse impacts on neighboring properties (Condition of approval #2). Subdivisions (38.750) PZ N/A Subdivision exemptions (38.750.140) N/A Required easements N/A Comments: No lot lines are proposed to be relocated, nor are any required. No easements are required for the proposed development. Deviations Departures and Variances (38.760) PZ N/A Comments: There are no deviations, departures, or variances requested with this application.